SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

FAJARDO, PUERTO RICO

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-65-22

Settlement Agreement | Department of Justice Press Releases

 

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Fajardo, Puerto Rico ("City") under Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35.

The review was conducted by the Disability Rights Section (DRS) of the Department’s Civil Rights Division and focused on the City’s compliance with the following provisions of Title II:

• 28 C.F.R. § 35.105, which requires public entities to conduct a self-evaluation of their services, policies, and practices by July 26, 1992, and to make modifications necessary to bring those services, policies, and practices into compliance with the Department’s Title II regulations.
  
  
• 28 C.F.R. §35.106, which requires public entities to make information available to applicants, participants, beneficiaries, and other interested persons regarding their rights and the public entity’s obligations under Title II and the Department’s regulations.
  
  
• 28 C.F.R. § 35.107(a), which requires public entities to designate a responsible employee to coordinate their efforts to comply with and carry out their ADA responsibilities.
  
  
• 28 C.F.R. § 35.107(b), which requires public entities to establish a grievance procedure for resolving complaints of violations of Title II.
  
  
• 28 C.F.R. § 35.150, which requires public entities to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities by:
  

  delivering services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance;
  
  

  making physical changes to facilities in accordance with the Department’s Title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
  

• 28 C.F.R. §35.151, which requires public entities to ensure that facilities for which construction or alteration began after January 26, 1992 are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS;
  
  
• 28 C.F.R. §35.160, which requires public entities to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary;
  
  
• 28 C.F.R. §35.161, which requires public entities that communicate by telephone, to communicate through a teletypewriter (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments;
  
  
• 28 C.F.R. §35.162, which requires public entities to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems;
  
  
• 28 C.F.R. §35.163(a), which requires public entities to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities; and
  
  
• 28 C.F.R. § 35.163(b), which requires public entities to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities.
  

The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: Multi-purpose Center and Parking, Farmer’s Market, Elderly Center, Old City Hall, New City Hall, Civil Defense, HOPE, Office of Citizen Assistance and Community Relations, Main Library, Dispensario de Playa Puerto Real, Dispensario de Quebrada Vueltas, Dispensario de Barriada Obrera, Centro de Recaudaciones de Ingresos Municipales (CRIM), Federal Affairs Office, Public Transportation Facility, Police Department, Sport Complex, Concepción Perez Alberto, Fire Department, Las Corabas Community Center and Baseball Field, and Barrio Florencio Recreation Center.

The parties to this Agreement are the United States of America and the City of Fajardo, Puerto Rico. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

B. JURISDICTION

1. The ADA applies to the City because it is a "public entity" as defined by Title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133, in order to determine the City’s compliance with Title II and the Department’s regulation implementing Title II, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing Title II of the ADA should the Department fail to secure voluntary compliance.

REMEDIAL ACTION

4. In consideration of the terms of this Agreement as set forth below, the United States agrees to refrain from filing a civil suit in this matter regarding the programs, xxx and facilities discussed herein, except as provided in paragraphs 70 and 72 below.

5. The United States and the City (collectively, "the Parties") agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are, for purposes of this Agreement, used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with physical disabilities, and to determine what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.

C. POLLING PLACES

6. The City recognizes that the facilities that it uses to hold City elections are not readily accessible to and usable by persons with mobility impairments. Of the City’s 13 schools used as polling locations, the following 5 were visited during the onsite: Ines Encarnación, Berta Zalduondo Cruz, Josefina Ferrero, Eugenio Brac, José Ramos Lebrón. Of these, only the Berta Zalduondo School is readily accessible to and usable by persons with mobility impairments. Schools are also subject to the obligation to remove barriers to accessibility under Title II and thus could be subject to an independent federal compliance review. This agreement does not limit such future enforcement action by any person or entity.

7. The City will develop and submit to the Department within 90 days of the effective date of this Agreement, a plan for making the activity of voting readily accessible to individuals with mobility impairments, including but not limited to those who use wheelchairs. To accomplish this, the City may take one or a combination of several of the following actions:

a. Modify the voting places currently used so that the activity of voting is readily accessible to people with mobility impairments, including but not limited to those who use wheelchairs. Specifically, modify these facilities so that they provide parking, entrances, and interior and exterior accessible routes to the places where votes are cast that comply with the Standards in the manner set forth in paragraphs 12 through 16.

b. Designate and utilize alternate polling places that provide parking, entrances, and exterior and interior accessible routes to the places where votes are cast that are readily accessible to people with disabilities, including but not limited to those who use wheelchairs, in accordance with the Standards. Nothing in this Agreement shall be interpreted to mean that use of such alternate polling places shall be mandatory for people with disabilities.

c. Provide people with disabilities with the option of curbside, absentee, or mail voting in accordance with the provisions of paragraph 10. Nothing in this Agreement shall be interpreted to mean that use of curbside, absentee, or mail balloting shall be mandatory for people with disabilities.

8. The Department will review the City’s proposed plan for providing access to voting for people with mobility impairments to determine whether it adequately addresses the requirements of the ADA and the Rehabilitation Act. The Department notify the City in writing, whether it agrees that this plan will bring the City into compliance with the ADA. If the Department does not believe the plan will bring the City into compliance it will inform the City of those provisions of the plan that are not adequate and allow the City to resolve these deficiencies in accordance with paragraph 70. The City will implement the plan within 60 days of receiving notice from the Department that the plan is adequate. The City will post notices in all voting places and at all places where voter registration takes place of the availability of accessible voting in all languages in which they provide voting information and shall include this notice on any websites they maintain dealing with voting.

9. To the extent that the City provides access to voting for people with mobility impairments at alternate sites those sites must be staffed, operated, and working for every election, special election, referendum, or other type of vote. Moreover, these alternate polling places must remain open at all times that other polling places are open. All ballots and any other written or verbal information provided at alternate polling places must be provided in every language in which they are provided at other polling places. All instructions regarding the casting of votes must also be provided in all languages in which they are available at other polling places, whether written or verbal.

10. To the extent that the City provides access to voting for people with mobility impairments through use of curbside, absentee, or mail balloting, such curbside, absentee, or mail balloting shall be made available to such persons for every election, special election, referendum or other type of vote. Moreover these ballots shall be provided and accepted up to and including the time the polls close on the day of the election. All ballots and any other written or verbal information provided at the polling places shall be made available to people using curbside, absentee, or mail ballots in every language in which they are provided in polling places. All instruction regarding the use of curbside, absentee, or mail ballots shall be provided in all languages in which information at the polling places is made available.

11. To the extent that the City provides access to voting for people with mobility impairments through use of its current voting places, it shall make the following modifications as applicable (depending on which facilities it decides to use).

Ines Encarnación School

12. There is a change in elevation greater than 1 1/2 inches at the thresholds of the entrances to each room used for voting.

13. The City will modify the entrance threshold and/or the ground level so that the change in level is no greater than _ inch and the threshold is beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that ends in a level landing at least 60 inches long that provides the required level maneuvering clearance at the door and meets all other requirements set forth in the Standards. Standards §§ 4.3, 4.5, 4.7, 4.8, 4.13.6, 4.13.8, 4.26.

Eugenio Brac School

14. There is a 1 inch change in elevation at the threshold of the entrance to the room used for voting.

The City will modify the entrance threshold and/or the ground level so that the change in level is no greater than 1/2 inch and the threshold is beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that ends in a level landing at least 60 inches long, that provides the required maneuvering clearance at the door and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.7, 4.8, 4.13.6, 4.13.8, 4.26.

José Ramos Lebrón School

15. There is no accessible route from the sidewalk into the school because the ramp from the sidewalk to the gated school entrance does not comply with the Standards.

The City will install a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that ends in a level landing at least 60 inches long that provides the required level maneuvering clearance at the gate and meets all other requirements of the Standards and deep enough to provide the required level maneuvering clearance for the door. Standards §§ 4.3, 4.5, 4.7 & Fig. 13, 4.8, 4.26.

Josefina Ferrero School

16. The ramps leading from the street to the accessible entrance do not have handrails on both sides of the ramp as required by the Standards.

The City install handrails on the ramps that lead to the accessible entrance to the school that comply with the Standards. Standards §§ 4.8.5, 4.26.

D. TRAINING

17. Within 60 days of the effective date of this Agreement, the ADA Coordinator for the City will receive training on the requirements of the ADA and the Rehabilitation Act, the provisions of this Agreement and the etiquette of interacting with persons with disabilities. At least two weeks prior to the start of this training the City will submit documentation of the planned training to the Department, including but not limited to a curriculum, schedule, syllabus of the training and the curriculum vitae of the individual or individuals that will conduct the training. If the Department deems necessary, the City agrees to procure additional training for the ADA Coordinator within one year of the effective date of this Agreement as directed by the Department.

18. The City will develop or procure a two-hour training program for all employees on the requirements of the ADA and the Rehabilitation Act, the provisions of this Agreement, and the etiquette of interacting with persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring this training program. Within six months of the effective date of this agreement but no later than one month before it takes place, the City will submit to the Department, a copy of the proposed curriculum, training schedule and syllabus, and the name, title, address, and curricula vitae of the trainer or trainers. If the Department does not reasonably believe that the training is adequate, it will notify the City and the City must modify the training or provide additional training as the Department deems necessary.

19. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees. At the end of that period, the City will submit a description of the training received by the ADA Coordinator which includes the curriculum and the name, title, and address of the trainer[s]. The City will also submit a copy of its employees’ training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer. If the City fails to provide the training outlined in the documents provided to the Department prior to the training, it shall be deemed in violation of this Agreement.

E. NOTICE AND GRIEVANCE PROCEDURE

20. Within 90 days of the effective date of this Agreement, the City will translate the attached Notice (Attachment A) into Spanish and distribute copies of it in both Spanish and English , to all department/division heads; publish the Notice in Spanish and English language newspapers of general circulation serving the City; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request in both English and Spanish.

21. Within 60 days of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment B), translate it into Spanish, distribute it in both English and Spanish to all agency heads, and post copies of both the English and Spanish versions in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Procedure, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

22. The City will report to the Department within 120 days of the effective date of this Agreement the actions it has taken to comply with these provisions.

F. EFFECTIVE COMMUNICATION

23. Within 90 days of the effective date of this Agreement, the City will identify sources of qualified sign language interpreters and vendors that have the ability to produce Braille documents, will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.), and submit these procedures to the Department. If the Department approves the procedures proposed by the City, the City shall implement them within 30 days of that approval through whatever means necessary, including but not limited to entering into agreements or contracts with the identified sources. In the event the Department does not approve of the written procedures submitted by the City it will inform the City of that in writing. The City will then have an additional 30 days to modify its proposed policies and procedures in a manner that is acceptable to the Department.

For the most part, the City does not have TTY’s for communicating with individuals with hearing or speech impairments. Within 60 days of the effective date of this Agreement, the City will:

a) acquire and install TTY’s in each of its offices that receives calls from the public or provides information to the public via telephone;

b) officially recognize the Puerto Rico telephone relay service as the means by which it communicates and implement a comprehensive plan for using that service and providing training for City employees in its use; or

c) implement a system that combines both technologies.

No matter which technology the City employs it will provide and maintain a TTY in the Civil Defense Office and train, as set forth herein, all personnel who make or answer telephone calls in that office.

24. The City has a TTY in the Federal Affairs Office. However, the equipment is not used and the citizenry is unaware that the City has this equipment. Effective immediately, it will reserve that TTY for telephone emergency services only, provide for its maintenance, and train personnel making or answering phone calls in that office in its use.

25. Within 90 days of the effective date and for the life of this Agreement, the City will publicize all of its TTY numbers, if any, on the same basis as its voice numbers, through such means as the Notice that appears as Attachment A, official stationary, business cards, civic newsletters, the public telephone book, and the City’s Home Page on the internet. If the City chooses to rely on the Puerto Rico telephone relay system alone, or in combination with the use of TTY’s, the number for the telephone relay system will be publicized in the same manner, in lieu of TTY numbers. All notices and publicity informing people of the TTY numbers and/or the City’s use of the relay system shall be provided in both English and Spanish.

26. The City will take steps to ensure that all employees are trained in the use of a TTY and/or the Puerto Rico relay system and that the TTY is maintained in good working order through test calls every six months for the life of this Agreement.

27. The City will report to the Department within 120 days of the effective date of this Agreement the actions it has taken to comply with these provisions.

G. PROGRAM ACCESS

28. Many of the City’s primary programs, services, and activities operate in facilities that are not readily accessible to and usable by individuals with mobility impairments and that cannot easily be modified. Pending the completion of physical changes to its facilities, the City will develop a plan to ensure that individuals with disabilities receive the benefits and services it provides. The plan may include reassignment of services to accessible facilities, home visits, delivery of services at alternate accessible sites upon request, or any other method that results in making its services, programs, or activities readily accessible to and usable by persons with disabilities. The City will submit the plan to the Department for approval within 90 days of the effective date of this Agreement. If the Department approves of the plan it will inform the City in wiring and the City will implement the plan within 30 days of receiving that notice. If the Department does not approve the plan, it will inform the City of that, and list specifically where the plan is not sufficient. The City will then have 30 days to modify the plan so that it provides benefits and services to people with disabilities in a way that satisfies the Department.

29. Within 180 days of the effective date of this Agreement, the City will develop a plan for providing information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and services and submit its proposal to the Department in writing. The City will implement the plan within 30 days of the Department’s written approval.

30. Within one year of the effective date of this Agreement, the City will develop a method for providing information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and services and submit its proposal to the Department in writing. The proposal, as approved by the Department, will be implemented no later than 18 months from the effective date of the Agreement.


31. Within one year of the effective date of this Agreement, the City will survey its public facilities. It will install signage at any inaccessible entrance to a facility, directing users to an accessible entrance or to information about other accessible facilities, and denote the accessible entrance by using the international symbol of accessibility. 28 C.F.R.
§ 35.163(b); §§ 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

H. PHYSICAL MODIFICATIONS

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions:

32. The City shall complete the following modifications to the Public Transportation Facility within 6 months of the effective date of this Agreement:

a. Women’s and Men’s Toilet Room

(1) The toilet rooms do not have the required signage. Install signage, with raised and Brailled letters and characters and all other attributes required by the Standards on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door.
Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The entrance door to each room is equipped with twist hardware. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(3) The rear grab bar in each toilet room is mounted so that the end closest to the side wall is 12 inches from the side wall and only 6 inches from the centerline of the toilet. Reposition the rear grab bar in each room so that the end closer to the side wall is at least 12 inches from the centerline of the toilet and no more than 6 inches from the side wall.
Standards §§ 4.1.3(11), 4.17.6 & Fig.30(c), 4.22.4.

(4) The toilet stall equipped with grab bars in each room is 58 inches wide instead of at least 60 inches wide and, in each instance, the centerline of the toilet is located 15 1/2 inches from the partition. Modify the toilet stall so that it is at least 60 inches wide and the centerline of the toilet is exactly 18 inches from the partition. Standards §§ 4.1.3(11), 4.17, Fig. 30(a), 4.22.4.

(5) The rim of each urinal in the men’s room is 25 1/2 inches above the floor. Install a urinal with an elongated rim that is no higher than 17 inches above the floor and provides appropriate clear floor space.
Standards §§ 4.1.3(11), 4.18, 4.22.5.

(6) The hot water and drain pipes under the lavatory in each room are not insulated or configured to protect against direct contact. Install insulation on each set of pipes. Standards §§ 4.1.3(11), 4.19.4, 4.22.6.

In order to ensure that the following spaces in City facilities, for which alterations commenced or will commence after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions:

33. The City will make the planned alterations to the Equestrian Park so that the altered areas, and the paths of travel, restrooms, water fountains and public telephones serving them comply with the Standards.

34. Within 30 days of the effective date of this Agreement, the City will submit to the Department the most recently completed set of design drawings for the planned alterations to the Equestrian Park, as well as the most detailed estimate of the cost of the alteration available. Updated design drawings and estimates are to be provided to the Department as soon as they become available. Any modification, planned or completed, deemed non-compliant with the Standards by the Department will constitute a violation of this Agreement. Upon notice of such non-compliance by the Department, the City will have 30 days to cure the defect in accordance with the enforcement provisions of this Agreement.

35. The City will make the planned alterations to Old City Hall so that the altered areas, and the paths of travel, restrooms, water fountains and public telephones serving them comply with the Standards.

36. Within 30 days of the effective date of this Agreement, the City will submit to the Department the most recently completed set of design drawings for the planned alterations to the Old City Hall, as well as the most detailed estimate of the cost of the alteration available. Updated design drawings and estimates are to be provided to the Department as soon as they become available. Any modification, planned or completed, deemed non-compliant with the Standards by the Department will constitute a violation of this Agreement. Upon notice of such non-compliance by the Department, the City will have 30 days to cure the defect in accordance with the enforcement provisions of this Agreement.

37. The City Assembly Room located on the second floor of Old City Hall is not equipped with an assistive listening system nor is a portable assistive listening system available for use in the Assembly Room.

38. Within one year of the date of this Agreement, the City shall install an adequate number of electrical outlets or other supplementary wiring in the Assembly room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but not less than two receivers, and signage. Standards §§ 4.1.3(19)(b).

39. Purchase or otherwise obtain a portable assistive listening system for use by people with hearing impairments who attend or take part in Assembly meetings or otherwise use the Assembly Room. Purchase or otherwise obtain receivers that work with the assistive listening system in a number equal to at least 4% of the total number of seats but no less than two receivers. Standards §§ 4.1.3 (19)(b), 4.33.7.

40. Install signage inside and outside the Assembly Room entrance indicating the availability of an assistive listening system and receivers. Standards §§ 4.1.3(19)(b), 4.30.

41. Within 30 days of obtaining the assistive listening system develop and implement a policy governing the use and maintenance of the assistive listening system and the assistive listening system receivers. This policy must allow for use of the assistive listening system in the Assembly Room whenever requested by a person with a hearing impairment and must allow for use of the receivers at no charge. It must also specify that the system and the receivers be maintained and implement specific measures for doing so.

42. Within 30 days of obtaining the assistive listening system, train all employees who deal with use of the Assembly Room in the set up, use and maintenance of the assistive listening system. In addition, these employees must be trained on the policies governing use of the system and the receivers.

43. The City shall complete the following modifications to the New City Hall within 6 months of the effective date of this Agreement:

a. There is a 1 inch change in elevation at the threshold to the designated accessible entrance. Modify the threshold so that the change in level is no greater than 1/2 inch and the threshold is beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that has a level landing of at least 60 inches in length that provides the required level maneuvering clearance at the door and meets all other requirements set forth in the Standards. Standards §§ 4.1.3(7), 4.1.6(1)(b), 4.3, 4.5, 4.8, 4.13.8, 4.26.

b. Women’s and Men’s Toilet Rooms

(1) The room identification signage in each toilet room is incorrectly mounted to the door. Reposition the signs so that they are on the walls adjacent to the latch side of the doors, the centerline of each sign is 60 inches above the floor, and sufficient clear floor space is provided for a person to approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The rims of the urinals in the men’s room are 25 1/2 inches above the finish floor. Install a urinal with an elongated rim that is no higher than 17 inches above the finish floor and provides adequate clear floor space. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.18, 4.22.5.

(3) The designated accessible stall in the men’s toilet room is 49 inches deep and is not equipped with grab bars. Modify the toilet room to provide a "standard" accessible toilet stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.22.4, 4.25, 4.26, 4.27.

(4) The mirror in the men’s toilet room is mounted so that the bottom edge of the reflecting surface is 47 1/2 inches above the floor. Provide a mirror in the men’s toilet room mounted so that the bottom edge of its reflecting surface is no higher than 40 inches above the finish floor.
Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.6 & Fig. 31, 4.22.6.

44. The designated accessible stall in the women’s toilet room is 50 inches deep and is not equipped with grab bars. Modify the women’s toilet room to provide a "standard" stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.2.5, 4.2.6, 4.16, 4.17 & Fig. 30(a), (c), (d), 4.22.4, 4.25, 4.26, 4.27.

45. The mirror in the women’s toilet room is mounted so that the bottom edge of the reflecting surface is 47 1/2 inches above the finish floor. Provide a mirror in the women’s toilet room mounted so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.6 & Fig. 31, 4.22.6.

In order that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

46. The City shall complete the following modifications to the Sport Complex within one year of the effective date of this Agreement:

a. Track & Field

(1) No accessible parking spaces are provided in the parking lot serving the track and field area.

(2) Determine the capacity of the parking lot and provide accessible and van-accessible parking in accordance with the amounts specified in Section 4.1.2(5) of the Standards. These spaces should be located on the shortest accessible route to the accessible entrance to the track and field facility. Standards §§ 4.1.2(5), 4.6.

(3) The accessible spaces to be provided by the City must be at least 96 inches wide and adjoin an access aisle that is at least 60 inches wide. The spaces and the access aisle must be level and the access aisle must be part of an accessible route. Each space shall be designated by a sign showing the symbol of accessibility mounted so that it cannot be obscured by a vehicle parked in that space. Standards §§ 4.1.2(5), 4.6.

(4) The van-accessible spaces provided by the City must be at least 96 inches wide and adjoin an access aisle that is at least 96 inches wide. The spaces and the access aisle must be level and the access aisle must be part of an accessible route. Each van-accessible space provided by the City shall be designated by a sign showing the symbol of accessibility and an additional sign mounted below the symbol saying "Van-accessible" mounted so that it cannot be obscured by a vehicle parked in that space. Standards §§ 4.1.2(5), 4.6.

(5) The top of the concession stand counter is 45 1/4 inches above the finish floor. Modify the counter so that a portion of it that is at least 36 inches wide is no more than 36 inches high above the finish floor.
Standards § 7.2(2)(i).

(6) The spout outlet of the drinking fountain is 40 1/2 inches above the finish floor. Install an additional drinking fountain with a spout height no more than 36 inches above the finish floor and meets all other provisions of the Standards, or install cups next to the existing fountain so that they dispense from a point no higher than 48 inches above the finish floor. Standards §§ 4.1.3(10), 4.2.5, 4.2.6, 4.15 & Fig. 27(a), 4.27.

b. Women’s Toilet Room

(1) The toilet room does not have the required signage. Install signage, with raised and Brailled letters and characters and all other attributes required by the Standards on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door.
Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(3) The designated accessible toilet stall contains the following non-compliant elements: the stall is only 36 1/2 inches wide, the stall is not equipped with grab bars, and the toilet is only 15 inches high. Modify the toilet room to provide a "standard" accessible toilet stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.22.4, 4.25, 4.26, 4.27.

c. Men’s Toilet Room

(1) The toilet room does not have the required signage. Install signage, with raised Brailled letters and characters and all other attributes required by the Standards on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The rims of the urinals are 27 1/4 inches above the finish floor. Install a urinal with an elongated rim that is no higher than 17 inches above the finish floor and provides adequate clear floor space.
Standards §§ 4.1.3(11), 4.18, 4.22.5.

(3) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(4) The designated accessible stall is only 53 1/2 inches wide. Modify the toilet room to provide a "standard" accessible toilet stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards.
Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.22.4, 4.25, 4.26, 4.27.

d. Fito Ramos Gym (Small Gym)

(1) Women’s Toilet Room

(i) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(ii) There is a 2 inch change in elevation at the threshold to the entrance door. Modify the threshold and/or the floor elevation so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that has a level landing at least 60 inches in length that provides the required level maneuvering space at the doorway and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.7, 4.8, 4.13.6, 4.13.8.

(iii) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(iv) The designated accessible toilet stall contains the following non-compliant elements: the stall is 54 inches wide, the stall is not equipped with grab bars, and the centerline of the toilet is located 25 1/2 inches from the side wall. Modify the toilet room to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep configured so that all of the stall’s elements, including the entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3.(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.22.4, 4.25, 4.26, 4.27.

(2) Men’s Toilet Room

(a) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(b) There is a 1 1/2 inch change in elevation at the threshold to the entrance door. Modify the threshold and/or the floor elevation so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that has a level landing at least 60 inches in length that provides the required level maneuvering space at the doorway and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.7., 4.8, 4.13.6, 4.13.8.

(c) The rims of the urinals are 23 1/2 inches above the finish floor. Install a urinal with an elongated rim that is no higher than 17 inches above the finish floor and provides adequate clear floor space. Standards §§ 4.1.3(11), 4.18, 4.22.5.

(d) The designated accessible toilet stall contains the following non-compliant elements: the stall is 52 inches wide, the stall is not equipped with grab bars, and the centerline of the toilet is located 25 inches from the side wall. Modify the toilet room to provide a "standard" accessible toilet stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

e. Tomas Dones (Large Gym)

(1) Determine the capacity of the parking lot and provide accessible and van-accessible parking in accordance with the the amounts specified in Section 4.1.2(5) of the Standards. These spaces should be located on the shortest accessible route to the accessible entrance to the Tomas Dones facility. Standards §§ 4.1.2(5), 4.6.

The accessible spaces to be provided by the City must be at least 96 inches wide and adjoin an access aisle that is at least 60 inches wide. The spaces and the access aisle must be level and the access aisle must be part of an accessible route. Each space shall be designated by a sign showing the symbol of accessibility mounted so that it cannot be obscured by a vehicle parked in that space. Standards §§ 4.1.2(5), 4.6.

The van-accessible spaces provided by the City must be at least 96 inches wide and adjoin an access aisle that is at least 96 inches wide. The spaces and the access aisle must be level and the access aisle must be part of an accessible route. Each van-accessible space provided by the City shall be designated by a sign showing the symbol of accessibility and an additional sign mounted below the symbol saying "Van-accessible" mounted so that it cannot be obscured by a vehicle parked in that space. Standards §§ 4.1.2(5), 4.6.

(2) Men’s Toilet Room

(a) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) The entrance door is equipped with door hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(c) The force required to open the door to the men’s toilet room is 10 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.11(2)(b), 4.22.2.

(d) The accessible toilet stall contains the following non-compliant elements: the stall is 54 inches wide, the side grab bar begins 16 inches from the back wall, the stall is not equipped with a rear grab bar, the centerline of the toilet is 21 inches from the side wall, and the height of the toilet is 20 1/4 inches from the finish floor. Modify the toilet room to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards and modify the water closet so that the height of the seat is between 17 and 19 inches above the finish floor. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

(e) The mirror is mounted so that the bottom edge of the reflecting surface is 49 inches above the floor. Provide a mirror mounted so that the bottom edge of its reflecting surface is no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.19.6 & Fig. 31, 4.22.6.

(f) The lavatory provides a clearance of 27 1/2 inches above the finish floor at the front edge of the apron. Remount or install a different lavatory so that clearance of at least 29 inches above the finish floor is provided at the front edge of the apron and the lavatory otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.19.2 & Fig. 31, 4.22.6.

(3) Women’s Toilet Room

(a) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(c) The force required to open the door to the women’s toilet room is 15 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.11(2)(b), 4.22.2.

(d) The designated accessible toilet stall contains the following non-compliant elements: the stall is 50 1/2 inches wide, the stall is not equipped with a rear grab bar, and the side grab bar begins 13 inches from the back wall and is 38 inches long. Modify the toilet room to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

(e) The lavatory provides clearance of 27 3/4 inches above the finish floor at the front edge of the apron. Remount or install a different lavatory so that clearance of at least 29 inches above the finish floor is provided at the front edge of the apron and the lavatory otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.19.2 & Fig. 31, 4.22.6.

(4) Concession Stand

(a) The top of the concession stand counter is 41 3/4 inches above the finish floor. Modify the counter so that a portion of it that is at least 36 inches wide is no more than 36 inches above the finish floor. Standards § 7.2(2)(1).

(b) The accessible route in front of the concession stand counter is less than 36 inches wide because there is a railing in front of the counter. Remove the railing so that an accessible route to the concession stand and along the concession stand line is provided. Standards § 4.3.

f. Little League Baseball Field

(1) Women’s Toilet Room

(a) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) The designated accessible stall is 48 inches wide and is not equipped with grab bars. Modify the toilet room to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards.
Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

(c) The lavatory provides a clearance of 28 inches above the finish floor at the front edge of the apron. Remount or install a different lavatory so that clearance of at least 29 inches above the finish floor is provided at the front edge of the apron and the lavatory otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.19.2 & Fig. 31, 4.22.6.

(2) Men’s Toilet Room

(a) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) The rims of the urinals are 28 inches above the finish floor. Install a urinal with an elongated rim that is no higher than 17 inches above the finish floor and provides adequate clear floor space. Standards §§ 4.1.3(11), 4.18, 4.22.5.

(c) The lavatory provides clearance of 27 1/2 inches above the finish floor at the front edge of the apron. Remount or install a different lavatory so that clearance of at least 29 inches above the finish floor is provided at the front edge of the apron and the lavatory otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.19.2 & Fig. 31, 4.22.6.

(d) The designated accessible toilet stall contains the following non-compliant elements: the stall is 39 inches wide, the stall is not equipped with grab bars, the toilet paper dispenser is located 47 1/2 inches above the finish floor, and the centerline of the toilet is located 21 1/2 inches from the side wall. Modify the toilet room to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

g. Players Dugout

(1) The rims of the urinals in the men’s room are 21 inches above the finish floor. Standards §§ 4.1.3(11), 4.18, 4.22.5.

(2) The door to the accessible toilet stall was locked during the onsite investigation and therefore could not be reviewed by the Department.

(3) Within three months of the effective date of this Agreement, the City will submit a proposal to the Department, accompanied by measurements and photographs, recommending modifications to the room’s space and elements necessary to bring the room into compliance with the Standards. The Department will review the proposal and either approve it or notify the City of changes necessary for the Department’s approval. Within 6 months of receiving the Department’s response, the City will make modifications set forth in its proposal as modified by the Department.

(4) The designated accessible stall located on the other side of the dugout area was 25 1/2 inches wide. Modify the toilet room to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

47. The City shall complete the following modifications to Bo. Florencio Recreation Center within one year of the effective date of this Agreement:

a. Within six months of the effective date of this Agreement the City will examine the toilet room at the Bo. Florencio Recreation Center to determine its level of compliance with the Standards, and provide the Department with a written report setting forth, in detail, each element that does not comply with the Standards. This report will utilize photographs, diagrams, drawings and blueprints sufficient to make clear the level of compliance provided. The City must include a proposal to modify the toilet room as needed to bring it into compliance. The Department will evaluate the report and the proposal and respond by either approving it, requesting modifications to the proposal, or requesting more information. If the Department requires more information or requests a modification to the proposal the City will have a month to provide the necessary information or modify the proposal to satisfy the Department and gain approval. If the City fails to gain approval from the Department within that time they will be deemed in violation of the Agreement. Within three months of receiving approval from the Department the City will complete the modifications specified in the approved proposal.

b. The designated accessible route is not stable, firm and slip resistant. Provide an accessible route that is stable, firm and slip resistant and meets all other requirements of the Standards. Standards §§ 4.3, 4.5.

48. Within six months of the effective date of this Agreement the City will examine the Bo. Quebrada Vueltas basketball courts and baseball fields to determine their level of compliance with the Standards, and provide the Department with a written report setting forth, in detail, each element that does not comply with the Standards. This report will utilize photographs, diagrams, drawings and blueprints sufficient to make clear whether the concession stands, entrance doors, toilet rooms, signage, parking, dugouts, and seating areas comply with the Standards and to what extent they do not. The City will also provide evidence indicating whether all elements of the facility are connected by an accessible route as required by the Standards. For each element that does not comply with the Standards, the City must include a proposal to undertake modifications that will bring that element into compliance. The Department will evaluate the report and the proposal and respond by either approving it, requesting modifications to the proposal, or requesting more information. If the Department requires more information or requests a modification to the proposal the City will have a month to provide the necessary information or modify the proposal to satisfy the Department and gain approval. If the City fails to gain approval from the Department within that time they will be deemed in violation of the Agreement. Within three months of receiving approval from the Department the City will complete the modifications specified in the approved proposal.

49. Within six months of the effective date of this Agreement the City will examine the Bo. Paraiso basketball courts and baseball fields to determine their level of compliance with the Standards, and provide the Department with a written report setting forth, in detail, each element that does not comply with the Standards. This report will utilize photographs, diagrams, drawings and blueprints sufficient to make clear whether the concession stands, entrance doors, toilet rooms, signage, parking, dugouts, and seating areas comply with the Standards and to what extent they do not. The City will also provide evidence indicating whether all elements of the facility are connected by an accessible route as required by the Standards. For each element that does not comply with the Standards, the City must include a proposal to undertake modifications that will bring that element into compliance. The Department will evaluate the report and the proposal and respond by either approving it, requesting modifications to the proposal, or requesting more information. If the Department requires more information or requests a modification to the proposal the City will have a month to provide the necessary information or modify the proposal to satisfy the Department and gain approval. If the City fails to gain approval from the Department within that time they will be deemed in violation of the Agreement. Within three months of receiving approval from the Department the City will complete the modifications specified in the approved proposal.

50. Within six months of the effective date of this Agreement the City will examine the Bo. Roosevelt baseball field to determine its level of compliance with the Standards, and provide the Department with a written report setting forth, in detail, each element that does not comply with the Standards. This report will utilize photographs, diagrams, drawings and blueprints sufficient to make clear whether the concession stands, entrance doors, toilet rooms, signage, parking, dugouts, and seating areas comply with the Standards and to what extent they do not. The City will also provide evidence indicating whether all elements of the facility are connected by an accessible route as required by the Standards. For each element that does not comply with the Standards, the City must include a proposal to undertake modifications that will bring that element into compliance. The Department will evaluate the report and the proposal and respond by either approving it, requesting modifications to the proposal, or requesting more information. If the Department requires more information or requests a modification to the proposal the City will have a month to provide the necessary information or modify the proposal to satisfy the Department and gain approval. If the City fails to gain approval from the Department within that time they will be deemed in violation of the Agreement. Within three months of receiving approval from the Department the City will complete the modifications specified in the approved proposal.

51. Within six months of the effective date of this Agreement the City will examine the Manuel A. Molina baseball field to determine its level of compliance with the Standards, and provide the Department with a written report setting forth, in detail, each element that does not comply with the Standards. This report will utilize photographs, diagrams, drawings and blueprints sufficient to make clear whether the concession stands, entrance doors, toilet rooms, signage, parking, dugouts, and seating areas comply with the Standards and to what extent they do not. The City will also provide evidence indicating whether all elements of the facility are connected by an accessible route as required by the Standards. For each element that does not comply with the Standards, the City must include a proposal to undertake modifications that will bring that element into compliance. The Department will evaluate the report and the proposal and respond by either approving it, requesting modifications to the proposal, or requesting more information. If the Department requires more information or requests a modification to the proposal the City will have a month to provide the necessary information or modify the proposal to satisfy the Department and gain approval. If the City fails to gain approval from the Department within that time they will be deemed in violation of the Agreement. Within three months of receiving approval from the Department the City will complete the modifications specified in the approved proposal.

52. Within six months of the effective date of this Agreement the City will examine the Parcelas Beltran Baseball Park to determine its level of compliance with the Standards, and provide the Department with a written report setting forth, in detail, each element that does not comply with the Standards. This report will utilize photographs, diagrams, drawings and blueprints sufficient to make clear whether the concession stands, entrance doors, toilet rooms, signage, parking, dugouts, and seating areas comply with the Standards and to what extent they do not. The City will also provide evidence indicating whether all elements of the facility are connected by an accessible route as required by the Standards. For each element that does not comply with the Standards, the City must include a proposal to undertake modifications that will bring that element into compliance. The Department will evaluate the report and the proposal and respond by either approving it, requesting modifications to the proposal, or requesting more information. If the Department requires more information or requests a modification to the proposal the City will have a month to provide the necessary information or modify the proposal to satisfy the Department and gain approval. If the City fails to gain approval from the Department within that time they will be deemed in violation of the Agreement. Within three months of receiving approval from the Department the City will complete the modifications specified in the approved proposal.

53. Within six months of the effective date of this Agreement the City will examine the Veve Calzada Baseball Park to determine its level of compliance with the Standards, and provide the Department with a written report setting forth, in detail, each element that does not comply with the Standards. This report will utilize photographs, diagrams, drawings and blueprints sufficient to make clear whether the concession stands, entrance doors, toilet rooms, signage, parking, dugouts, and seating areas comply with the Standards and to what extent they do not. The City will also provide evidence indicating whether all elements of the facility are connected by an accessible route as required by the Standards. For each element that does not comply with the Standards, the City must include a proposal to undertake modifications that will bring that element into compliance. The Department will evaluate the report and the proposal and respond by either approving it, requesting modifications to the proposal, or requesting more information. If the Department requires more information or requests a modification to the proposal the City will have a month to provide the necessary information or modify the proposal to satisfy the Department and gain approval. If the City fails to gain approval from the Department within that time they will be deemed in violation of the Agreement. Within three months of receiving approval from the Department the City will complete the modifications specified in the approved proposal.

54. The City shall complete the following modifications to Concepción Pérez Alberto Baseball Park within one year of the effective date of this Agreement:

a. Determine the capacity of the parking lot and provide accessible and van-accessible parking in accordance with the the amounts specified in Section 4.1.2(5) of the Standards. These spaces should be located on the shortest accessible route to the accessible entrance to the facility. Standards §§ 4.1.2(5), 4.6.

b. The accessible spaces to be provided by the City must be at least 96 inches wide and adjoin an access aisle that is at least 60 inches wide. The spaces and the access aisle must be level and the access aisle must be part of an accessible route. Each space shall be designated by a sign showing the symbol of accessibility mounted so that it cannot be obscured by a vehicle parked in that space. Standards §§ 4.1.2(5), 4.6.

c. The van-accessible spaces provided by the City must be at least 96 inches wide and adjoin an access aisle that is at least 96 inches wide. The spaces and the access aisle must be level and the access aisle must be part of an accessible route. Each van-accessible space provided by the City shall be designated by a sign showing the symbol of accessibility and an additional sign mounted below the symbol saying "Van-accessible" mounted so that it cannot be obscured by a vehicle parked in that space. Standards §§ 4.1.2(5), 4.6.

d. There is a 1 1/4 inch in elevation at the threshold to the designated accessible entrance. Modify the threshold and/or the floor elevation so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that has a level landing at least 60 inches in length that provides the required level maneuvering space and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.8, 4.13.6, 4.13.8.

e. The top of the concession stand counter is 44 inches above the finish floor. Modify the counter so that a portion of the counter top that is at least 36 inches wide is no more than 36 inches above the finish floor. Standards § 7.2(2)(i).

f. Women’s and Men’s Toilet Room

(1) The toilet rooms do not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(3) The rims of the urinals in the men’s room are 19 inches above the finish floor. Install a urinal with an elongated rim that is no higher than 17 inches above the finish floor and is situated to provide adequate clear floor space. Standards §§ 4.1.3(11), 4.18, 4.22.5.

(4) The length of the side grab bar in the designated accessible stall in each toilet room is 34 inches and is mounted so that the end is 15 inches from the back wall. Install a side grab bar that is at least 40 inches long mounted so that the end closer to the back wall is no more than 12 inches from the back wall, and with the end farthest from the back wall. Standards §§ 4.1.3(11), 4.17.6 & Fig. 30(d), 4.22.4.

(5) There is no rear grab bar in the designated accessible stall in each room. Install a rear grab bar that is at least 36 inches long mounted so that the end closer to the side wall is no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.17.6 & Fig. 30(a) 4.22.4.

(6) The mirror in each room is mounted so that the bottom edge of the reflecting surface is 45 1/2 inches above the floor. Provide a mirror mounted so that the bottom edge of its reflecting surface is no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.19.6 & Fig. 31, 4.22.6.

(7) The designated wheelchair locations do not have lines of sight comparable to those for the general public. Provide wheelchair locations in the spectator seating area, in a number equal to one percent of the total number of seating locations in the Baseball Park, that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat next to each wheelchair seating location, and that provide individuals seated in wheelchairs with lines of sight comparable to those provided the general public in compliance with the Standards. Standards §§ 4.1.2, 4.1.3(19)(a), 4.3, 4.5, 4.33.

55. The City shall complete the following modifications to Parque Pasivo Bo. Las Corabas

a. There is no accessible route to the community center. The community center is located on the second floor and can only be reached by climbing stairs. Install and elevator or platform lift to the second floor. The elevator or platform lift are to be left turned "on" at all times that the building is open to the public and must be independently operable by persons with disabilities. Standards §§ 4.1.3(1), 4.3.8, 4.10, 4.11.

b. There is a 3 inch change in elevation at the entrance to the restrooms. Modify the thresholds so that the change in level is no greater than 1/2 inch and the threshold is beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that has a level landing at least 60 inches in length that provides the required level maneuvering space and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.8, 4.13.6, 4.13.8.

56. The City shall complete the following modifications to the Asilo de Ancianos (Elderly Center) within one year of the effective date of this Agreement:

a. Within 30 days of the effective date of this Agreement, the City will submit to the Department the most recently completed set of design drawings for the planned alterations to the Elderly Center, as well as the most detailed estimate of the cost of the alteration available. Updated design drawings and estimates are to be provided to the Department as soon as they become available. Any modification, planned or completed, deemed non-compliant with the Standards by the Department will constitute a violation of this Agreement. Upon notice of such non-compliance by the Department, the City will have 30 days to cure the defect in accordance with the enforcement provisions of this Agreement.

b. There is a 2 inch curb leading from the parking area to the accessible entrance. Provide a curb ramp between the parking area and the sidewalk.
Standards §§ 4.1.2(1), 4.3.8, 4.5.2, 4.7.

c. Women’s and Men’s Toilet Room

(1) The side grab bar in the designated accessible toilet stall in each toilet room is 34 inches in length and is mounted so that the end closer to the wall is 21 inches from the back wall. Install a side grab bar that is at least 40 inches long mounted so that the end closer to the back wall is no more than 12 inches from the back wall. Standards §§ 4.1.3(11), 4.17.6 & Fig. 30(a), 4.22.4.

(2) The length of the rear grab bar in the designated accessible toilet stall in each toilet room is 30 3/4 inches and is mounted so that the end is 11 3/4 inches from the side wall. Install a rear grab bar that is at least 36 inches in length mounted so that its end is no more than 6 inches from the side wall. Standards §§4.1.3(11), 4.17.6 & Fig. 30.

(3) The designated accessible shower contains the following non-compliant elements: it is not exactly 36 inches by 36 inches, it is not equipped with a shower seat, it is not equipped with a horizontal grab bar on the control wall. Provide an accessible shower stall that is 36 inches wide by 36 inches deep equipped with compliant controls, grab bars and a shower seat and complies with all other requirements of the Standards. The shower stall must be located on an accessible route and be situated to provide adequate clear floor space. Standards §§ 4.1.3(11), 4.21, 4.23.8, 4.27.

57. The City shall complete the following modifications to HOPE within one year of the effective date of this Agreement:

a. Within 30 days of the effective date of this Agreement, the City will submit to the Department the most recently completed set of design drawings for the planned alterations to HOPE, as well as the most detailed estimate of the cost of the alteration available. Updated design drawings and estimates are to be provided to the Department as soon as they become available. Any modification, planned or completed, deemed non-compliant with the Standards by the Department will constitute a violation of this Agreement. Upon notice of such non-compliance by the Department, the City will have 30 days to cure the defect in accordance with the enforcement provisions of this Agreement.

58. The City shall complete the following modifications to the Main Library within one year of the effective date of this Agreement:

a. Women’s & Men’s Toilet Room

(1) The toilet rooms do not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The force required to open the door to each room is 10 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.11(2)(b), 4.22.2.

(3) The entrance door in each room is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(4) The lavatory in each room has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.19.5, 4.22.6, 4.27.4.

(5) The designated accessible stall in the women’s toilet room is 37 inches wide. Modify the toilet room to provide a "standard" accessible toilet stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

The designated accessible stall in the men’s toilet room is 40 inches wide. Modify the toilet room to provide a "standard" accessible toilet stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a), (c), (d), 4.25, 4.26, 4.27.

(6) The mirror in the men’s room is mounted so that the bottom edge of the reflecting surface is 42 1/2 inches above the floor. Provide a mirror mounted so that the bottom edge of its reflecting surface is no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.19.6 & Fig. 31, 4.22.6.

59. The City shall complete the following modifications to the Dispensario Playa Puerto Real within one year of the effective date of this Agreement:

a. The entrance to Dispensario Playa Puerto Real is not on an accessible route because it can only be reached by climbing stairs. Install a ramp, elevator, or platform lift that is fully compliant with the Standards to provide access to people with disabilities who cannot climb stairs. If a platform lift or elevator is used to provide access, they must be left turned "on" at all times that the building is open to the public and must be independently operable by persons with disabilities. Standards §§ 4.1.2, 4.3, 4.5.2, 4.8, 4.10. 4.11, 4.14.1.

60. The City shall complete the following modifications to the Dispensario Bda. Obrera within one year of the effective date of this Agreement:

a. There is a 1 1/2 inch change in elevation at the threshold to the entrance. Modify the threshold and/or the floor elevation so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing at least 60 inches in length that provides the required level maneuvering space and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.8, 4.13.6, 4.13.8.

61. The City shall complete the following modifications to the Dispensario Quebrada Vueltas within one year of the effective date of this Agreement:

a. There is a 9 inch change in elevation at the threshold to the designated accessible entrance. Provide a ramp with a slope no greater than 1:12 that has a level landing at least 60 inches in length that provides the required maneuvering space and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.8, 4.13.

62. The City shall complete the following modifications to the Fire Department within six months of the effective date of this Agreement:

a. The designated accessible parking space does not have access aisles and is not identified as "van-accessible". Alter the space to provide at least one "van-accessible" parking space that is 96 inches wide and is served by an access aisle at least 96 inches wide and is part of an accessible route to the building’s entrance. The space shall be designated by a sign showing the symbol of accessibility and with the words "van-accessible" mounted so that it cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.

b. All the rooms have a 1 1/4 inch change in elevation at the threshold to the entrance. Modify the threshold and/or the floor elevation so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or by installing a ramp with a slope no greater than 1:12, equipped with handrails and side edge protection, that has a level landing of at least 60 inches in length that provides the required clearance maneuvering space at the doorway and meets all other requirements of the Standards. Standards §§ 4.3, 4.5, 4.8, 4.13.6, 4.13.8.

c. There is a 13 inch change in elevation at the threshold to the unisex toilet room. The toilet room is not configured to be accessible to people with disabilities.

Modify the current unisex toilet room or provide a separate unisex toilet room that is readily accessible to and usable by people with disabilities, and complies with all relevant provisions of the Standards governing single-user toilet rooms. These include but are not limited to those provisions dealing with the provision of entry doors, water closet location and height, grab bars, clear floor space, coat hooks, controls and dispensers, lavatories and mirrors. Standards §§ 4.1.3(7), 4.1.3(11), 4.13, 4.16, 4.19, 4.22, 4.26, 4.27.

d. The spout outlet on the drinking fountain is located 42 inches above the finish floor. Install an additional drinking fountain with a spout outlet no higher than 36 inches above the finish floor that meets all other applicable requirements of the Standards, or install cups next to the existing fountain so that they dispense from a point no higher than 48 inches above the finish floor for a forward reach or no higher than 54 inches for a side reach. Standards §§ 4.1.3(10), 4.2.5, 4.2.6, 4.15 & Fig. 27(a), 4.27.

63. The City shall complete the following modifications to the Multipurpose Center and Parking within one year of the effective date of this Agreement:

a. Within 30 days of the effective date of this Agreement, the City will submit to the Department the most recently completed set of design drawings for the planned alterations to the Multipurpose Center and Parking Facility, as well as the most detailed estimate of the cost of the alteration available. Updated design drawings and estimates are to be provided to the Department as soon as they become available. Any modification, planned or completed, deemed non-compliant with the Standards by the Department will constitute a violation of this Agreement. Upon notice of such non-compliance by the Department, the City will have 30 days to cure the defect in accordance with the enforcement provisions of this Agreement.

b. Men’s Toilet Room

(1) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required y the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(3) The designated accessible toilet stall contains the following non-compliant elements: the stall is 43 inches wide, the centerline of the toilet is 21 inches from the left side wall, the side grab bar is 34 1/2 inches long and 28 inches high, and there is no rear grab bar. Modify the toilet to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards.
Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

c. Women’s Toilet Room

(1) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The entrance door is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(3) The designated accessible toilet stall contains the following non-compliant elements: the stall is 42 inches wide, the centerline of the toilet is located 22 inches from the left side wall, the side grab bar is 34 1/2 inches long and 28 inches high, and there is no rear grab bar. Modify the toilet room to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards.
Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

64. The City shall complete the following modifications to the Farmer’s Market within one year of the effective date of this Agreement:

a. Men’s Toilet Room

(1) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The accessible toilet stall has the following non-compliant elements: the centerline of the toilet is 15 1/2 inches from the left side wall, the side grab bar is 25 1/2 inches long, the rear grab bar is 27 1/2 inches long, and the toilet is 16 inches from the finish floor to the top of the seat. Modify the toilet room and toilet to provide a "standard" accessible toilet stall so that all of the stall’s elements, including entry door, water closet, size and arrangement, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16,4.17, 4.25, 4.26, 4.27.

b. Women’s Toilet Room

(1) The toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The toilet stall has the following non-compliant elements: the side grab bar is 25 1/2 inches long, the rear grab bar is 27 1/2 inches long, and the toilet is 16 inches from the finish floor to the top of the seat. Modify the toilet room and the water closet to provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

65. The City shall complete the following modifications to the Ayuda al Ciudadano y Relaciones con La Comunidad (Citizen Assistance and Community Relations) within one year of the effective date of this Agreement:

a. "Unisex" Toilet Room

(1) The "unisex" toilet room does not have the required signage. Install signage, with raised and Brailled characters and letters and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door.
Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The door to the "unisex" room is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(3) The designated accessible toilet stall contains the following non-compliant elements: the stall is 36 inches wide, the centerline of the toilet is located 17 inches from the left side wall, and there is no rear grab bar. Modify the toilet room to provide a "standard" accessible toilet stall that is at least 60 inches wide and 59 inches deep arranged so that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, coat hooks, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.13, 4.16, 4.17 & Fig. 30(a),(c),(d), 4.25, 4.26, 4.27.

66. The City shall complete the following modifications to the Federal Affairs Office within one year of the effective date of this Agreement:

a. "Unisex" Toilet Room

(1) The room identification signage is incorrectly mounted. Reposition or provide new sign, with raised and Brailled characters and letters and all other attributes required by the Standards, to the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door.
Standards §§ 4.1.3(16(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The door to the unisex room is equipped with hardware that requires twisting of the wrist to operate. Replace it with hardware that does not require tight grasping, pinching or twisting of the wrist to operate.
Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.

(3) The toilet room door swings into the required clear floor space of the toilet. Reverse the swing of the door. Standards §§ 4.1.3(7), 4.1.3(11), 4.22.2, 4.16.2 & Fig. 28.

(4) The centerline of the toilet is located 34 inches from the left side wall. Remount the toilet so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.1.3(11), 4.16.2 & Fig. 28, 4.22.4.

(5) The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.19.5, 4.22.6, 4.27.4.

(6) There is no rear grab bar. Provide a rear grab bar that is at least 36 inches long mounted so that the end closer to the side wall is no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.16.4 & Fig. 29, 4.22.4.

(7) The toilet paper dispenser is located 60 inches from the back wall. Remount the dispenser so that it is below the side grab bar no more than 19 inches above the finish floor so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall. Standards §§ 4.1.3(11), 4.17.3 & Fig. 30(d).

IMPLEMENTATION AND ENFORCEMENT

67. Any new construction or future alterations undertaken by the City will be done in a manner that complies with the Standards.

68. The City will ensure that any City owned facilities currently closed and scheduled to be reopened, are accessible before reopening.

69. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit detailed written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. These reports will include photographs, architectural plans, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

70. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce Title II or to enforce the terms of this Agreement.

71. Failure by the Department 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 the Department's right to enforce other deadlines and provisions of this Agreement.

72. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce Title II of the ADA, or it may initiate.

73. This Agreement is a public document. A copy of this document or any information contained in it shall be made available to any person by the City or the Department on request.

74. 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 does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.

75. The effective date of this Agreement is the date of the last signature below.

76. This Agreement will remain in effect for two years after the date of the final deadline set forth in this Agreement.

77. The person signing for the City of Fajardo represents that he is authorized to bind the City to this Agreement.

For the City:	For the United States:
________________________________ Mayor ANÍBAL MELÉNDEZ RIVERA Municipio de Fajardo P.O. Box 865 Fajardo, Puerto Rico 00738 Date ______________________	WILLIAM R. YEOMANS, Acting Assistant Attorney General Civil Rights Division By: ______________________________ JOHN L. WODATCH, Chief SUSAN B. REILLY, Deputy Chief JOSEPH C. RUSSO, Supervisory Attorney ZULMA SOTO, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date ______________________

ATTACHMENT A

NOTICE

UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Fajardo(City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities.

The City does not discriminate on the basis of disability in its hiring or employment practices. The City will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The City will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City’s business. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact the office of José Ramirez, the City’s Human Resources Director and ADA Coordinator, at 863-4013 as far in advance as possible but no later than 48 hours before the scheduled event.

The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

ATTACHMENT B

CITY OF FAJARDO

Grievance Procedure

under The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the City of Fajardo.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, pone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

José Ramirez
863-4013
Municipio de Fajardo
P.O. Box 865
Fajardo, Puerto Rico 00738

Within 15 calendar days after receipt of the complaint, José Ramirez will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, José Ramirez will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Fajardo and offer options for substantive resolution of the complaint.

If the response by José Ramirez does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA coordinator within 15 calendar days after receipt of the response to the mayor of his or her designee.

Within 15 calendar days after receipt of the appeal, the mayor or his or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the mayor or his or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by José Ramirez, appeals to the mayor or his or her designee, and responses from the ADA coordinator and mayor of his or her designee will be kept by the City of Fajardo for at least three years.

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April 11, 2001