SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF FERNANDINA BEACH, FLORIDA

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-17M-331

 

Settlement Agreement | Department of Justice Press Releases

BACKGROUND

A. SCOPE OF THE INVESTIGATION

This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against the City of Fernandina Beach, Florida ("City"). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that the City has not complied with the Transition Plan it adopted on February 20, 1996, as a requirement of the ADA.

Because the City receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.A. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G. The Department expanded the scope of the investigation to include the City's compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992 and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulations, 28 C.F.R.
• § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the City's ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• 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, 28 C.F.R. § 35.150, by:
  

  delivery of 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 or, if these methods are not effective in making the programs accessible,
  
  

  physical changes to buildings (required to be made by January 26, 1995), 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");
  
  

• to ensure that facilities for which construction or alteration was begun 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 alternatively UFAS, 28 C.F.R. §35.151;
  
  
• 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. § 35.160;
  
  
• where the City communicates by telephone, to communicate through a telecommunications device for the deaf (TDD), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
  
  
• to provide direct access via TDD or computer to telephone emergency services, including 911 services, for persons who use TDD's and computer modems, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: City Hall, Police Department, Marina, Chamber of Commerce, Library, Main Beach, Atlantic Avenue Recreation Center, Egans Creek Park, Central Park, Elm Street Recreation Center, Public Works Administration Building, Ybor Alvarez Softball Complex, Airport, Public Beach Access Routes, Cemetery, North Beach, and Fire Station #2. Construction or alterations commenced after January 26,1992 on the following facilities: Golf Course, Fire Station #1, Pop Warner Field, City Hall (restrooms, elevator), Atlantic Avenue Recreation Center (restrooms), Elm Street Recreation Center (restrooms), and Peck Center ( restrooms, elevator, entrance ramp, various rooms, and an accessible parking space).

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 under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the City with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. 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 pursuant to Subpart F.

3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the Town's compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE CITY

4. The City conducted a self-evaluation in October 1984 to comply with § 504 of the Rehabilitation Act. It updated the self-evaluation and developed a transition plan in March 1995. The documents show a review of City facilities, aided by an Advisory Committee of Persons with Disabilities established by a City ordinance in April 1993. In February 1994 the number of citizens serving on the Committee was increased from six to seven, with the requirement that at least one member be an individual with a disability.

5. In conjunction with completing its self-evaluation, the City took steps to bring its employment policies into compliance with title I of the ADA. City job descriptions were revised with intent to comply with the ADA. Pre-employment medical or disability inquiries do not appear on the City's uniform employment application and are prohibited by written personnel policies in the interview. There is a notification on the application offering applicants reasonable accommodations to apply or complete any required testing. Its policies recognize the City's obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment; to reasonably accommodate applicants and employees with disabilities upon notice of need; to keep medical records confidential and separate from employee's personnel files; and not to discriminate against any qualified employees or applicants because of their relationship or association with a person with a disability.

6. The City has an ADA Coordinator, who is also the City's Human Resources Manager.

7. The City adopted its ADA grievance procedure by resolution of the City Commission. It provides for a grievance to be lodged with the Human Resource Coordinator and investigated by the Facilities Maintenance Superintendent, with an appeal to the City Manager.

8. The City has made physical changes to provide program access. It embarked on a program to provide additional accessible parking spaces, install curb ramps, and install proper signage in several City locations; installed an elevator, provided an additional accessible entrance, and renovated restrooms at the Peck Center; renovated restrooms and reconstructed accessible paths from accessible parking to the Elm Street Recreation Center; installed an elevator and renovated restrooms at City Hall; and renovated restrooms and reconstructed accessible paths to the Atlantic Avenue Recreation Center.

9. The City complies with the Florida Statute, Chapter 286, which mandates that all public meetings held in the state at which official acts are to be taken must be made accessible when a written request from a person with a disability is received at least 48 hours prior to the meeting. The written agendas of all public meetings conducted by City departments contain a notice offering persons with disabilities accommodations necessary to allow them to participate if requested at least 24 hours in advance.

10. The City has one direct TDD telephone line for communicating with the public. It is located at the Police Department because it is open 24 hours. The telephone number is included in the accommodations notice on the written agendas of all city meetings.

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

REMEDIAL ACTION

12. In consideration of the terms of this Agreement, as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding paragraphs 14 through 40 except as provided in paragraphs 43 and 45 below.

13. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("Standards") are 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 disabilities, and for determining 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. The Standards appear at 28 C.F.R. Part 36, Appendix A.

D. CITY COMMUNICATION

14. The City will publicize its central TDD telephone number simultaneously and in the same manner as its voice number, through newspaper ads, announcements and notices and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TDD number functions as a TDD number for all City offices, and that information will be reiterated in subsequent newspaper ads, announcements and notices and local telephone book editions for the life of this Agreement.

15. Within 60 days of the effective date of this Agreement, the City will develop and implement written procedures to ensure that TDD calls are returned by the appropriate City official by TDD on the same day as the call is received. If the caller's questions or concerns cannot be handled promptly, the procedures will require a City employee to speak to the caller on the same day in order to establish a time frame for the call-back.

16. The City will ensure that all appropriate employees are trained and practiced in using a TDD to make and receive calls, and that the TDD is maintained in good working order, through test calls to be properly answered by employees on City TDD's every six months for the life of this Agreement.

17. The City will report to the Department within 90 days of the effective date of this Agreement the actions it has taken to comply with the provisions mandated in paragraphs 14 through 16 above.

18. The City agrees that within 180 days of the effective date of this Agreement all letters sent to the public from every City office will have the City's TDD number printed on the letterhead, and that the number will also be printed on the business cards of all City personnel.

E. NOTIFICATION

19. Within 30 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment A) to all agency heads; publish the Notice in its public service brochures, and through the text generator on its local television stations at six-month intervals for the life of this Agreement; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the ADA Coordinator information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

F. PHYSICAL ALTERATIONS

In order to ensure that the following facility, which the City is purchasing to replace the current Police Department, is readily accessible to and usable be individuals with disabilities, the City will take the following actions.

20. Within 30 days of the effective date of this Agreement, submit to the Department the design drawings for the building known as Amelia Medical Park, located at 1525 Lime Street, and documentation of the purchase of the building and its designation as the new home of the Police Department. Include in the design drawings any alterations the City plans to make to the building. The Department will review the drawings for conformity to the ADA Standards for Accessible Design, and the City will ensure that the building complies with the Standards.

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

21. The City shall make the following alterations to the Downtown Comfort Stations within 6 months of the effective date of this Agreement:

A. Men's and Women's Toilet Rooms.

(1) The height of the lavatory (sink) in each room provides a knee clearance of 28 inches above the finish floor and 6 inches deep. Reposition the lavatory to provide a knee clearance of at least 29 inches above the finish floor and at least 8 inches deep. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(2) The mirror in each room is mounted so that the bottom of the reflecting surface is 43 inches above the finish floor. Provide a mirror in each room so that the bottom of its reflecting surface is not higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

(3) The coat hook on the door of the toilet stall is located 64 1/2 inches above the finish floor. Provide a coat hook in each accessible stall that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.6.

(4) The accessible stall in the women's and men's toilet rooms is 48 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the each room such that all of the stall's elements, including entry door, water closet, size and arrangement , toe clearances, grab bars, stall door hardware, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

22. The City shall make the following alterations to the Golf Course Clubhouse within 6 months of the effective date of this Agreement:

A. Front and Side Entrance Ramp Railings.

The gripping surface of the railings of the ramps to the front and side entrances to the clubhouse do not comply with the Standards, because a person with a mobility impairment cannot grip around the top rail and the gripping surface doesn't extend beyond the top and bottom of the ramps. Provide railings for the ramps to the front and side entrances of the clubhouse railings that comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.1, 4.8.5, 4.26.1, 4.26.2 & Fig. 39.

23. The City shall make the following alterations to Fire Station #1 within 6 months of the effective date of this Agreement:

A. Front Entrance Door.

There is a change in level at the front entrance door. Alter the abrupt change in level so that the change is no greater than 1/4 inch, or is no greater than 1/2 inch and beveled with a slope no greater than 1:2. §§ 4.1.3(7), 4.13.8, 4.5.2.

B. Toilet Room.

The top of the toilet seat measures 16 inches above the finish floor. Provide a toilet with a seat between 17 and 19 inches above the finish floor. §§ 4.1.3(11), 4.22.4, 4.16.3 & Fig. 29(b).

24. The City shall make the following alterations to the Pop Warner Field within 6 months of the effective date of this Agreement:

A. Toilet Room.

The centerline of the water closet (toilet) is located 17 inches from the side wall. Re- mount the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.

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

25. The City shall make the following alterations to the Atlantic Avenue Recreation Center within 12 months of the effective date of this Agreement:

A. Men's and Women's Toilet Rooms.

The centerline of the water closet (toilet) in the accessible stall in each toilet room is located 19 inches from the side wall. Re-mount the toilets so that the centerline is exactly 18 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2, 4.17.3 & Fig. 30(a).

26. The City shall make the following alterations to the Elm Street Recreation Center within 12 months of the effective date of this Agreement:

A. Men's and Women's Toilet Rooms - Main Building.

(1) The rear grab bar located in the accessible stall is 9 inches (women's room) and 11 inches (men's room) from the back wall to the nearest end of the bar. Re-mount the rear grab bars so that the space between the end of the rear grab bar and the back wall is no greater than 6 inches. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).

(2) The accessible stall in the men's toilet room is 57 1/2 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the men's room such that all of the stall's elements, including entry door, water closet, size and arrangement , toe clearances, grab bars, stall door hardware, controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

B. Men's and Women's Toilet Rooms - Charles Albert Jr. Field.

The rear grab bar in the women's and men's toilet rooms is 36 inches long but is not mounted 12 inches from the centerline of the toilet. Provide a rear grab bar in each room that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(a).

27. The City shall make the following alterations to the Peck Center within 12 months of the effective date of this Agreement:

A. Front Entrance Ramp Edge Protection.

The front entrance ramp has no edge protection. Install edge protection along the bottom of the front entrance ramp that complies with the Standards. §§ 4.1.6(1)(b), 4.1.3(1), 4.8.7 & Fig. 17.

B. Service Counter.

The top of the service counter is 40 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or an auxiliary counter that is not more than 36 inches high in close proximity to the main counter, or provide equivalent facilitation (e.g., use of a folding shelf or open space on the side of a counter no more than 36 inches high for handing materials back and forth). §§ 4.1.6(1)(b), 7.2.2.

C. Amelia Arts Academy - Unisex Toilet Room.

(1) The rear grab bar in the accessible stall is 30 inches long. Provide a rear grab bar that is at least 36 inches long and that is mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).

(2) The centerline of the water closet (toilet) is located 17 inches from the side wall. Re-mount the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.

(3) One mirror in the toilet room is mounted so that the bottom of the reflecting surface is 44 inches above the finish floor and another is mounted so that the bottom of the reflecting surface is 49 inches above the finish floor. Provide a mirror in the room so that the bottom of the reflecting surface is no higher than 40 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.

(4) There is a non-permanent cabinet located in the toilet room that intrudes into the clear floor space in front of the toilet. Remove or re-position this cabinet in order to provide at least 56 inches minimum clear floor space for the toilet.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.

D. Amelia Arts Academy - Men's and Women's Toilet Rooms.

(1) The rim of the urinal located in the men's room is 24 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. § § 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.

(2) The accessible stall located in the men's toilet room has no rear grab bar. Provide a rear grab bar that is at least 36 inches long and is mounted at least 12 inches from the centerline of the toilet, i.e. no more than 6 inches from the side wall and otherwise complies with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).

(3) The lavatory located in the women's toilet 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. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

(4) The door coat hook in the accessible stall of the women's toilet room is 68 inches above the finish floor. Provide a coat hook in the accessible stall that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.6.

In order to ensure 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.

28. The City shall make the following alterations to City Hall within 18 months of the effective date of this Agreement:

A. Commissioners Chambers - Commissioners Seating Platform.

There is a change in level greater than 1/2 inch between the finish floor and the commissioners' seating platform. Install a ramp with a slope no greater than 1:12 between the finish floor and the platform that complies with the Standards.
§§ 4.5.2, 4.8.

29. The City shall make the following alterations to the Marina within 18 months of the effective date of this Agreement:

A. Accessible Route From Restaurant/Shops Building to Dock.

There is no accessible route from the restaurant/shops building to the dock. Establish an accessible route from the restaurant/shops building to the dock.
§§ 4.3, 4.5.

B. Accessible Route to Front Entrance Door - Administrative Office.

(1) There is a change in level between the driveway to the front entrance door and the sidewalk. Alter the abrupt change in level so that the change is no greater than 1/4 inch, or is no greater than ½ inch and beveled with a slope no greater than 1:2. §§ 4.3.8, 4.7, 4.8.

(2) The accessible route to the front entrance door is 32 inches wide because of over-grown shrubbery located on both sides of the walkway and the required maneuvering clearance for the front entrance door is not provided. Provide an accessible route to the door that is at least 36 inches wide, and provide a minimum maneuvering clearance at the door as shown in Fig. 25 or install an automatic door opener. §§ 4.3.3, 4.13.6 & Fig. 25, 4.13.12.

C. Men's and Women's Toilet Rooms - Administrative Office.

The elements of the men's and women's toilet rooms do not comply with the Standards. Provide a men's and women's toilet room such that the spaces and elements in each room, including the door, water closet, grab bars, urinal (men's room only if provided), lavatory, mirror, controls and dispensers, and signage comply with the Standards. §§ 4.13, 4.16, & Figs. 28 & 29, 4.18, 4.19 & Figs. 31 & 32, 4.22, 4.26, 4.27, 4.30.

D. Exterior Public Telephone.

The public telephone on the exterior of the Marina does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control, signage, and its highest operable part within the reach ranges specified by the Standards. §§ 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

30. The City shall make the following alterations to the Chamber of Commerce within 18 months of the effective date of this Agreement:

A. Exterior Public Telephone.

The public telephone located on the exterior of the building does not comply with § 4.1.3(17), including the fact there is insufficient clear ground space in front for a forward approach by a person using a wheelchair. Provide a public telephone that has hearing aid compatibility, a volume control, signage, and install a new concrete pad that provides a clear ground space of at least 30 inches by 48 inches that allows either a forward or parallel approach. §§ 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

31. The City shall make the following alterations to Main Beach within 18 months of the effective date of this Agreement:

A. Exterior Public Telephone.

The public telephone located at Main Beach does not comply with § 4.1.3(17), including the fact the coin slot is located 55 inches above the concrete pad on which the telephone is mounted and is too high for a forward approach by a person using a wheelchair. Provide a public telephone that has hearing aid compatibility, a volume control, signage, and that has its highest operable part within the reach ranges specified by the Standards, i.e. the coin slot no higher than 48 inches above the concrete pad the telephone is currently mounted on for a forward approach, or install a new concrete pad that provides a clear ground space of at least 30 inches by 48 inches that allows a parallel approach. §§ 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

B. Men's and Women's Toilet Rooms.

(1) The accessible stall in the men's and women's toilet rooms is less than 60 inches wide . Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the men's and women's toilet rooms such that all of the stall's elements, including entry door, water closet, size and arrangement , toe clearances, grab bars, stall door hardware, controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

(2) The urinal flush control located in the men's room is mounted 47 inches above the finish floor. Reposition the control so that it is mounted not more than 44 inches from the finish floor. §§ 4.22.5, 4.18.4.

C. Outdoor Showers.

The fixed shower head of the outdoor shower with accessible controls is higher than 48 inches above the finished floor and the shower does not have adequate clear ground space for a forward or parallel approach. Provide a fixed shower head mounted at 48 inches above the ground surface; provide a seat or bench fixed at 17 to 19 inches from the ground surface, and that is within reach of the accessible controls; and install a concrete pad that provides a clear ground space of at least 30 inches by 48 inches that allows either a forward or parallel approach to the accessible shower. §§ 4.21.6, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

D. Playground Equipment.

The playground cannot be accessed because of the lack of an accessible route from the parking lot to the playground and the lack of an accessible playground surface. Provide an accessible route from the parking lot to the playground and an accessible surface for the playground. §§ 4.1.2(2), 4.2, 4.3, 4.5.1; see The Americans with Disabilities Act: Title II Technical Assistance Manual Covering State and Local Government Programs and Services, II-6.2100 (Department of Justice, 1994 Supp.).

E. Accessible Ramp to Beach.

The accessible ramp to the beach does not have handrails that comply with the Standards and has no edge protection. Provide an accessible ramp or alter the existing ramp to the beach so that it has handrails, edge protection, and other required ramp features that comply with the Standards. §§ 4.3, 4.8, 4.26.

32. The City shall make the following alterations to the Atlantic Avenue Recreation Center within 18 months of the effective date of this Agreement:

A. Interior Public Telephones.

The public telephone inside the Center does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control, signage, and that has its highest operable part within the reach ranges specified by the Standards. §§ 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

B. Stage.

There are steps leading to the stage making it inaccessible to persons using a wheelchair. Establish a procedure for providing access to the stage or install a ramp or platform lift in compliance with the Standards. §§ 4.33.5, 4.3.8, 4.8, 4.11. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances.

C. Pool Facilities.

None of the pool facilities, including the men's and women's locker rooms, locker room changing areas, showers, toilet rooms and accessible stalls comply with the Standards. Provide accessible men's and women's pool facilities such that all of the elements of the various areas of the facilities, including doors and accessible routes, toilet rooms, accessible toilet stalls, mirrors (if provided), urinals (if provided), lavatories, showers, lockers, and other features comply with the Standards. §§ 4.3, 4.18, 4.17, 4.19, 4.21, 4.22, 4.25, 4.26.

33. The City shall make the following alterations to Egans Creek Park within 18 months of the effective date of this Agreement:

A. Playground Equipment.

The playground cannot be accessed because of the lack of an accessible route from the parking lot to the playground and the lack of an accessible playground surface. Provide an accessible route from the parking lot to the playground and an accessible surface for the playground. §§ 4.1.2(2), 4.2, 4.3, 4.5.1; see The Americans with Disabilities Act: Title II Technical Assistance Manual Covering State and Local Government Programs and Services, II-6.2100 (Department of Justice, 1994 Supp.).

B. Picnic Tables.

There is no accessible route from the sidewalk to any of the picnic tables. Establish an accessible route from the sidewalk to at least one of the picnic tables. §§ 4.1.2(2), 4.3, 4.5.

34. The City shall make the following alterations to Central Park within 18 months of the effective date of this Agreement:

A. Drinking Fountain.

The spout outlet height of the drinking fountain is 38 inches from the finish floor. Provide a drinking fountain with a spout outlet height no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.

B. Exterior Public Telephone.

The public telephone located in Central Park does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control, signage, and that has its highest operable part within the reach ranges specified by the Standards. §§ 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

C. Men's and Women's Toilet Rooms.

(1) The mirror in each room is mounted so that the bottom of the reflecting surface is 43 inches above the finish floor. Provide a mirror in each room so that the bottom of its reflecting surface is not more than 40 inches above the finish floor. § 4.19.6.

(2) The accessible stall in the women's toilet room is 48 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the women's room such that all of the stall's elements, including entry door, water closet, size and arrangement , toe clearances, grab bars, stall door hardware, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

35. The City shall make the following alterations to the Elm Street Recreation Center within 18 months of the effective date of this Agreement:

A. Playground Equipment.

The playground cannot be accessed because of the lack of an accessible route from the parking lot to the playground and the lack of an accessible playground surface. Provide an accessible route from the parking lot to the playground and an accessible surface for the playground. §§ 4.1.2(2), 4.2, 4.3, 4.5.1; see The Americans with Disabilities Act: Title II Technical Assistance Manual Covering State and Local Government Programs and Services, II-6.2100 (Department of Justice, 1994 Supp.).

36. The City shall make the following alterations to the Ybor Alvarez Softball Complex within 18 months of the effective date of this Agreement:

A. Men's and Women's Toilet Rooms.

(1) The accessible stall in the men's and women's toilet rooms is less than 60 inches wide . Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the men's and women's toilet rooms such that all of the stall's elements, including entry door, water closet, size and arrangement , toe clearances, grab bars, controls and dispensers comply with the Standards.
§§ 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

(2) None of the elements outside of the accessible stall in the men's and women's toilet rooms is accessible. Provide accessible men's and women's toilet rooms such that all of the room's elements, including doors, urinals (men's room only if provided), lavatories (sinks) and mirrors, controls and dispensers, and clear floor space comply with the Standards. § 4.22.1.

(3) There is a change in level at the entrance door and the required maneuvering clearance for the entrance door is not provided. Alter the abrupt change in level so that the change is no greater than 1/4 inch, or is no greater than 1/2 inch and beveled with a slope no greater than 1:2, and provide minimum maneuvering clearance space in front of the door as shown in Fig. 25. §§ 4.13.6 & Fig. 25, 4.13.8, 4.13.12, 4.5.2.

B. Amelia Island Soccer Field.

There is no accessible route from the sidewalk to the soccer field. Establish an accessible route from the sidewalk to the soccer field. §§ 4.1.2(2), 4.3, 4.5.

37. The City shall make the following alterations to the Airport within 18 months of the effective date of this Agreement:

A. Parking.

There is no accessible parking space provided. Establish a van-accessible parking space in compliance with the Standards. §§ 4.1.2(5)(b), 4.6, 4.30.7.

B. Front Entrance Walkway.

There is a change in level between the walkway to the front entrance door and the street. Alter the abrupt change in level so that the change is no greater than 1/4 inch, or is no greater than 1/2 inch and beveled with a slope no greater than 1:2.
§§ 4.3.8, 4.7.

C. Front Entrance Door.

There is a change in level at the front entrance door. Alter the abrupt change in level so that the change is no greater than 1/4 inch, or is no greater than 1/2 inch and beveled with a slope no greater than 1:2. §§ 4.13.8, 4.5.2.

D. Service Counter.

The top of the service counter is 46 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2(2); or provide access to services transacted at this counter through alternative means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

E. Men's and Women's Toilet Rooms.

(1) The accessible stall in the men's and women's toilet rooms is less than 60 inches wide . Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the men's and women's toilet rooms such that all of the stall's elements, including entry door, water closet, size and arrangement , toe clearances, grab bars, stall door hardware, controls and dispensers comply with the Standards.
§§ 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

(2) None of the elements outside of the accessible stall in the men's and women's toilet rooms is accessible. Provide accessible men's and women's toilet rooms such that all of the room's elements, including doors, urinals (men's room only), lavatories (sinks) and mirrors, controls and dispensers, and clear floor space comply with the Standards. § 4.22.1.

(3) The showers in the men's and women's rooms are inaccessible. Provide showers in the men's and women's rooms that comply with the Standards. § 4.21.

38. The City shall make the following alterations to a Public Beach Access Route within 18 months of the effective date of this Agreement:

A. Public Beach Access Routes.

None of the current public access routes from City streets to public beaches are accessible. Establish at least one public accessible route from City streets to public beaches, and install conspicuous signage at all non-accessible public beach access routes indicating the locations of the nearest accessible public access routes, and signage at all accessible public beach access routes that include the international symbol of accessibility. §§ 4.1.2(7), 4.3, 4.5, 4.30.1, 4.30.2, 4.30.3, 4.30.5.

IMPLEMENTATION AND ENFORCEMENT

39. 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 written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

40. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

41. 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, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

42. 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.

43. 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 may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

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

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

46. 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.

47. This Agreement will remain in effect for two years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

48. The person signing for the City of Fernandina Beach represents that he or she is authorized to bind the City to this Agreement.

For the United States:

BILL LANN LEE
Acting Assistant Attorney General
for Civil Rights

er

By:__________________________

JOHN L. WODATCH, Chief
RENEE M.WOHLENHAUS, Deputy Chief
SUSAN B. REILLY, Supervisory Attorney
CHARLES HARVEY, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738

Date ______________________

For the City:

______________________
James D. Rodeffer
MAYOR-COMMISSIONER
City of Fernandina Beach
204 Ash Street
Fernandina Beach, Florida 32035

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 Fernandina Beach (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 James Isom, the City's Human Resources Manager and ADA Coordinator, at 904-277-7320 as far in advance as possible but no later than 48 hours before the scheduled event.

The City can be reached by telecommunications devices for the deaf (TDD) at 904-277-7399 and also through the Florida Relay Service at 1-800-955-8771.

Complaints that a City program, service, or activity is not accessible to persons with disabilities and complaints of disability-based discrimination against applicants for City employment or City employees should be directed to James Isom.

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.

May 2000

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February 6, 2001