SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE TOWN OF BETHLEHEM, CONNECTICUT
DJ# 204-14-214

The parties to this agreement (“Agreement”) are the United States of America and the Town of Bethlehem (“Bethlehem”).  The parties hereby agree as follows:

I. BACKGROUND AND JURISDICTION

1. Bethlehem is the public entity responsible for the Town Hall and Memorial Hall in Bethlehem, Connecticut.  28 C.F.R. § 35.104.
2. The United States Attorney’s Office for the District of Connecticut, a component of the United States Department of Justice (“United States”), opened an investigation regarding the Bethlehem Town Hall and Memorial Hall facilities, pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12131-12134, as amended.  The United States initiated the investigation upon receipt of a complaint from an individual who alleged that both facilities were not accessible to individuals with mobility disabilities.
3. The United States is authorized to investigate alleged violations of Title II of the ADA, conduct compliance reviews of public entities, where appropriate, attempt informal resolution, and if informal resolution is not achieved and a violation found, issue a Letter of Findings to the public entity.  28 C.F.R. § 35.172.  If the United States fails to secure voluntary compliance, the Attorney General is authorized under 42 U.S.C. § 12133 to bring a civil action enforcing Title II of the ADA.
4. Title II of the ADA bars discrimination against persons with disabilities by public entities, 42 U.S.C. § 12132, and establishes that “no qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by a public entity.”  28 C.F.R. § 35.149
5. The United States reviewed information provided by Bethlehem, and conducted a site visit of the Town Hall and Memorial Hall facilities, including their parking facilities, on February 27, 2018.  The United States used the 1991 ADA Standards for Accessible Design, 28 C.F.R. pt. 36, App. D, (“1991 Standards”) to determine compliance with the ADA’s requirements.  28 C.F.R. § 35.150(b)(2)(i).  The results of the site visit were compiled into a report, which was shared with Bethlehem on September 18, 2018.  The report revealed violations of the ADA’s requirements in both the Town Hall and Memorial Hall facilities.  42 U.S.C. § 12132.  Pursuant to the ADA, all remedies to inaccessible features and elements of the facilities will conform with the 2010 ADA Standards for Accessible Design, 28 C.F.R. § 35.104, (“2010 Standards”).

II. REMEDIAL ACTIONS TO BE TAKEN BY BETHLEHEM

A. Program Access for Town Hall Parking Facilities

6. Within three months of the execution of this Agreement, Bethlehem shall engage the services of a registered design professional to survey the Town Hall parking facilities and create a plan for remediation.  Such plan shall ensure that:
1. parking spaces and access aisles serving them have slopes no steeper than 1:48 in accordance with the 2010 Standards §§ 208.2, 502.1, 502.4;
2. there is at least one marked van accessible space for each of the upper and lower level parking lots which is a minimum of 132 inches wide, marked to define width, with an adjacent access aisle complying with 502.3 in accordance with the 2010 Standards §§ 208.2, 208.2.4, 502.1, 502.2, 502.3;
3. signage for the required accessible spaces is mounted at least 60 inches minimum above the ground surface measured to the bottom of the sign in accordance with the 2010 Standards §§ 216.5, 502.6; and
4. the signage designating the van accessible spaces contains the designation “van accessible” in accordance with the 2010 Standards §§ 216.5, 502.6.
7. Within nine months of the execution of this agreement, Bethlehem shall submit the design plan to the United States for approval.  The United States shall approve or deny the plans within 30 days of submission.  If the United States denies the plans, Bethlehem shall have 15 days to submit corrected plans to the United States for approval.  Upon approval by the United States, Bethlehem shall promptly put the project out to bid and select a contractor.
8. Within twenty-three months of the execution of this Agreement, Bethlehem shall complete remediation of the Town Hall parking facilities in accordance with the approved plan.

B. Program Access for Town Hall Entrance and Accessible Route

9. Within three months of the execution of this Agreement, Bethlehem shall engage the services of a registered design professional to survey the main upper level entrance and the lower level entrance and accessible routes to the Town Hall and create a plan for remediation.  Such plan shall ensure that:
1. the running slope of the walkway to the upper level entrance doors is not steeper than 1:20 in accordance with the 2010 Standards §§ 206.4.1, 206.2.1, 403.3, or as an alternative to a 1:20 sloped walkway, Bethlehem may consider a compliant ramp with a maximum slope of 1:12 and handrails on both sides;
2. the maneuvering clearance at the front entrance door has a slope not steeper than 1:48 in accordance with the 2010 Standards §§ 206.4.1, 206.5.1, 404.2.4.4 Exception 1; and
3. the cross slope of the walkway from the designated accessible parking space at the lower level is not steeper than 1:48 in accordance with the 2010 Standards §§ 206.4.1, 206.2.1, 403.3.
10. Within nine months of the execution of this agreement, Bethlehem shall submit the design plan to the United States for approval.  The United States shall approve or deny the plans within 30 days of submission.  If the United States denies the plans, Bethlehem shall have 15 days to submit corrected plans to the United States for approval.  Upon approval by the United States, Bethlehem shall promptly put the project out to bid and select a contractor.
11. Within twenty-three months of the execution of this Agreement, Bethlehem shall complete remediation of the Town Hall accessible entrance and route in accordance with the approved plan.

C. Program Access for Town Hall Toilet Room

12. Within three months of the execution of this Agreement, Bethlehem shall engage the services of a registered design professional to survey the lower level of the Town Hall to find a suitable location to construct a fully ADA compliant single-user unisex accessible toilet room. 
13. Within nine months of the execution of this Agreement, Bethlehem shall submit to the United States architectural plans and/or drawings for a new, fully ADA compliant and accessible single-user unisex public restroom to be constructed on the lower level of the Town Hall.  The architectural plans and/or drawings shall illustrate all required compliant features including elevations and sections.  The United States shall approve or deny such plans or drawings within 30 days of submission.  If the United States denies the plans and/or drawings, Bethlehem shall have 15 days to submit corrected plans and/or drawings for approval.  Upon approval by the United States, Bethlehem shall promptly put the project out to bid and select a contractor.
14. Within twenty-three months of the execution of this Agreement, Bethlehem shall complete construction of the new accessible single-user unisex public restroom on the lower level of the Town Hall in accordance with the approved drawings and/or plans.

D. Program Access for Town Hall Interior

15. Within seven days of the execution of this Agreement, Bethlehem shall remove the trash can obstructing the maneuvering clearance on the latch side of the men’s and women’s toilet rooms so that the maneuvering clearance on the latch side of the door is no longer obstructed in accordance with the 2010 Standards §§ 206.5.2, 404.2.4.1.
16. Within one month of the execution of this Agreement, Bethlehem will place an accessible work table within the Town Clerk’s area outside the vault.  Bethlehem shall implement a written policy for staff members regarding assistance of individuals with disabilities and shall train staff who work in the Clerk’s office regarding the provision of assistance to individuals with disabilities who require materials located within the vault.  Such policy shall include that Town Clerk staff shall retrieve any requested materials from within the vault and bring such materials to the individual so requesting to be viewed at the accessible work table.  Town Clerk staff shall return any requested materials to the vault room once the individual has completed review of the materials.
17. Within one month of the execution of this Agreement, Bethlehem shall provide notification devices and appropriate explanatory signage instructing individuals with disabilities who are not able to access the counters in the Registrar of Voters area and the First Selectman’s Office, respectively, to use the notification devices to receive assistance from staff.  Bethlehem shall implement a written policy, which may be combined into a single policy with the policy required in paragraph 16, above, for staff members regarding the provision of assistance to individuals with disabilities in the Registrar of Voters area and the First Selectman’s Office, respectively.  Bethlehem shall train the staff of the Registrar of Voters and the First Selectman’s Office on the policy.
18. Within three months of the execution of this Agreement, Bethlehem shall replace all non-compliant door hardware throughout the Town Hall building, with the exception of the new unisex accessible toilet room required by paragraphs 12-14, with compliant hardware that does not require tight grasping, pinching, or twisting of the wrist to operate in accordance with the 2010 Standards §§ 206.5.2, 404.2.7, 309.4.  Bethlehem shall provide compliant door hardware for the new accessible toilet room within twenty-three months of the execution of this Agreement.
19. Within four months of the execution of this Agreement, Bethlehem shall:
1. modify the existing stair handrails at the top of the stairs in the Town Hall building so that they extend horizontally above the landing for 12 inches minimum beginning directly above the first riser nosing and so that extensions return to a wall, guard, or the landing surface, or are continuous to the handrail of an adjacent stair flight in accordance with the 2010 Standards §§ 210.1, 504.6, 505.10.2;
2. modify the existing stair handrails at the bottom of the stair flight in the Town Hall so that they extend at the slope of the stair flight for a horizontal distance at least equal to one tread depth beyond the last riser nosing and so that extensions return to a wall, guard, or the landing surface, or are continuous to the handrail of an adjacent stair flight in accordance with the 2010 Standards §§ 210.1, 504.6, 505.10.3;
3. ensure that doors at exit passageways, exit discharge and exit stairways are identified by tactile signs in raised characters and Braille in accordance with the 2010 Standards §§ 216.4.1, 703.1, 703.2, 703.5; and
4. ensure that office signs with leading edges more than 27 inches and not more than 80 inches above the finish floor do not protrude more than 4 inches horizontally into the circulation path in accordance with the 2010 Standards §§ 204.1, 307.2.
20. Within twenty-three months of the execution of this Agreement, Bethlehem shall place directional signage complying with § 703.5 outside the inaccessible toilet rooms on the upper level of the Town Hall indicating the closest accessible restroom in accordance with the 2010 Standards §§ 216.8, 703.7.2.1.

E. Program Access for Memorial Hall Parking Facilities

21. Within three months of the execution of this Agreement, Bethlehem shall engage the services of a registered design professional to survey the Memorial Hall parking facilities and create a plan for remediation.  Such plan shall ensure that:
1. there is a marked van accessible space which is a minimum of 132 inches wide, marked to define width, with an adjacent access aisle complying with 502.3 in accordance with the 2010 Standards §§ 208.2, 208.2.4, 502.1, 502.2, 502.3;
2. signage for the required accessible spaces is mounted at least 60 inches minimum above the ground surface measured to the bottom of the sign in accordance with the 2010 Standards §§ 216.5, 502.6; and
3. the signage designating the van accessible space contains the designation “van accessible” in accordance with the 2010 Standards §§ 216.5, 502.6.
22. Within nine months of the execution of this agreement, Bethlehem shall submit the design plan to the United States for approval.  The United States shall approve or deny the plans within 30 days of submission.  If the United States denies the plans, Bethlehem shall have 15 days to submit corrected plans to the United States for approval.  Upon approval by the United States, Bethlehem shall promptly put the project out to bid and select a contractor.
23. Within twenty-three months of the execution of this Agreement, Bethlehem shall complete remediation of the Memorial Hall parking facilities in accordance with the approved plan.

F. Program Access for Memorial Hall Entrance and Accessible Route

24. Within three months of the execution of this Agreement, Bethlehem shall engage the services of a registered design professional to survey the Memorial Hall facilities and create a plan to ensure that the Memorial Hall has an accessible entrance and an accessible entrance route.  Such plan shall ensure that:
1. there is at least one accessible entrance provided and that the accessible entrance has an accessible route provided within the site from accessible parking spaces and accessible passenger loading zones, public streets and sidewalks, and public transportation stops in accordance with the 2010 Standards §§ 206.2.1, 206.4.1, Exception 1, Chapter 4;
2. the cross-slope of the walking surface along the accessible route to the entrance door is not steeper than 1:48 in accordance with the 2010 Standards §§ 206.4.1, 206.2.1, 403.3;
3. any changes in level between ¼ inch high minimum and ½ inch high maximum are beveled with a slope not steeper than 1:2 in accordance with the 2010 Standards §§ 206.5.1, 404.2.5, 303.3; and
4. thresholds, if provided at the accessible entrance doorway, are ½ inch high maximum and that any changes in level greater than ½ inch high are ramped and comply with § 405 or 406 in accordance with the 2010 Standards §§ 206.5.1, 404.2.5, 303.4.
25. Within nine months of the execution of this agreement, Bethlehem shall submit the design plan to the United States for approval.  The United States shall approve or deny the plans within 30 days of submission.  If the United States denies the plans, Bethlehem shall have 15 days to submit corrected plans to the United States for approval.  Upon approval by the United States, Bethlehem shall promptly put the project out to bid and select a contractor.
26. Within twenty-three months of the execution of this Agreement, Bethlehem shall complete remediation of the Memorial Hall accessible entrance and accessible route in accordance with the approved plan.

G. Program Access for Memorial Hall Toilet Room

27. Within three months of the execution of this Agreement, Bethlehem shall engage the services of a registered design professional to survey the Memorial Hall to find a suitable location to construct a single user accessible toilet room. 
28. Within nine months of the execution of this Agreement, Bethlehem shall submit to the United States architectural plans and/or drawings for a new, fully ADA compliant and accessible single-user unisex public restroom to be constructed within the Memorial Hall.  The architectural plans and/or drawings shall illustrate all required compliant features including elevations and sections.  The United States shall approve or deny such plans or drawings within 30 days of submission.  If the United States denies the plans and/or drawings, Bethlehem shall have 15 days to submit corrected plans and/or drawings and to submit the corrected plans and/or drawings for approval. Upon approval by the United States, Bethlehem shall promptly put the project out to bid and select a contractor.
29. Within twenty-three months of the execution of this Agreement, Bethlehem shall complete construction of the new accessible single-user unisex public restroom within the Memorial Hall in accordance with the approved drawings and/or plans.

H. Program Access for Memorial Hall Interior

30. Within three months of the execution of this Agreement, in accordance with the 2010 Standards §§ 204.1, 307.2, Bethlehem shall relocate the AED box in the multi-purpose room so that it is no longer between 27 and 80 inches above the finish floor and protruding more than 4 inches horizontally into the circulation path.  Alternatively, Bethlehem may elect to provide a permanent cane barrier beneath the AED box in its current location.
31. Within four months of the execution of this Agreement, Bethlehem shall ensure that doors at exit passageways, exit discharge and exit stairways within the Memorial Hall are identified by tactile signs in raised characters and Braille in accordance with the 2010 Standards §§ 216.4.1, 703.1, 703.2, 703.5.
32. Within three months of the execution of this Agreement, Bethlehem shall replace all non-compliant door hardware throughout the Memorial Hall building, with the exception of the new unisex accessible toilet room required by paragraph 26-28 with compliant hardware that does not require tight grasping, pinching, or twisting of the wrist to operate in accordance with the 2010 Standards §§ 206.5.2, 404.2.7, 309.4.  Bethlehem shall provide compliant door hardware for the new accessible toilet room within twenty-three months of the execution of this Agreement.
33. Within twenty-three months of the execution of this Agreement, Bethlehem shall place directional signage complying with § 703.5 outside the inaccessible toilet rooms of the Memorial Hall indicating the closest accessible restroom in accordance with the 2010 Standards §§ 216.8, 703.7.2.1.

ALTERATIONS

34. Any future alterations, as defined in 28 C.F.R. § 35.151, made to the Town Hall or Memorial Hall in Bethlehem shall comply in all respects with the ADA, its implementing regulations, and the 2010 Standards, as such statute, regulations, and Standards are in effect as of the date that alterations begin. 

IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

35. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit against Bethlehem for failure to comply with Title II of the ADA; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement.
36. The United States does not assert that this Agreement or the modifications contemplated herein will necessarily bring Bethlehem’s facilities into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States.  Rather, the parties enter into this Agreement for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation.  This Agreement is a compromise and it shall not be used or introduced into evidence in any other case or proceeding other than between the parties to this Agreement.
37. The United States may review compliance with this Agreement at any time.  Upon reasonable advance notice to Bethlehem, Bethlehem shall permit the United States and any person acting on its behalf unlimited access to the Town Hall and Memorial Hall facilities to review compliance with the ADA and this Agreement.
38. If the timelines contemplated by this Agreement should become a hardship for Bethlehem, the parties may mutually agree to extend the timeline for a particular item on a case-by-case basis.
39. If the United States believes that Bethlehem has violated this Agreement or any requirement thereof, it agrees to notify Bethlehem in writing, through its First Selectman, of the specific violation(s) alleged.  Bethlehem shall have 30 days from its receipt of the notice to cure and/or respond in writing to the United States the alleged violation(s).  If, after further discussion with Bethlehem, the United States believes that Bethlehem has violated the Agreement, the United States may institute a civil action for relief in federal district court.
40. Bethlehem shall provide certifications to the United States, every six months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that Bethlehem has agreed to correct have been so corrected.  Bethlehem shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that Bethlehem did not comply with the ADA or that individuals with disabilities were subject to discrimination on the basis of disability by Bethlehem.  The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
41. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

Jessica H. Soufer
Assistant U.S. Attorney
U.S. Attorney’s Office
157 Church Street, 25th Floor
New Haven, CT 06510
email: jessica.soufer@usdoj.gov

42. This Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person.
43. Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement.
44. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable.  This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the ADA, including violations of the alterations or new construction provisions of the ADA, or any other Federal law.  This Agreement does not affect the continuing responsibility of Bethlehem to comply with the ADA.
45. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and Bethlehem shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
46. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
47. In the event Bethlehem seeks to transfer or assign all or part of its interest in the Town Hall and/or Memorial Hall facilities, as a condition of sale or lease, Bethlehem shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of the Agreement.
48. The execution date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for twenty-three months from the date of execution.

Agreed and Consented to: