ATTACHMENT A
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 Guánica, 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. Because the City receives financial assistance from the Department of Justice, our review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.
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 title II requirements:
- 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"), 28 C.F.R. part 36, Appendix A, or the Uniform Federal Accessibility Standards ("UFAS"), 41 C.F.R. part 101-19.6, Appendix A;
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, Centro de Ambulantes, Centro de Envejecientes, Centro Cuidado Diurno, Oficina Apoyo a la Familia, Centro Comunal Santa Juanita, Santa Juanita Park, Centro Comunal Arenas, Centro Comunal Magueyes, Centro Comunal y Parque La Joya Santa Rita, Centro Comunal Belgica, Cancha Municipal Belgica (Ballpark), Centro Comunal El Cano, Municipal Police Department, Civil Defense, Library, and Plaza de Recreo. The Agreement requires the City to self evaluate the physical accessibility of four of these — the Centro Comunal Magueyes, the Parque La Joya, the Cancha Municipal Belgica, and Centro Comunal El Cano — and to make changes as directed by the Department in light of the City’s report. Changes necessary to make the programs located in the other listed facilities compliant with title II and the Rehabilitation Act are set forth in this agreement.
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.
3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City’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.
The parties to this Agreement are the United States of America and the City of Guánica, Puerto Rico. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:
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, issues and facilities discussed herein at paragraphs 5 through 42, except as provided in paragraphs 46 and 48.
5. The United States and the City (collectively, the "Parties") agree that the technical requirements and, where appropriate, the scoping requirements of the Standards were, for purposes of this agreement, used as a guide to determine whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with 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.
A. 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. One is owned by the City and two are schools which are also subject to the requirements of 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. If the City decides to make the polling places accessible, 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 citizens with mobility impairments until these changes to the polling places are made. The City may provide confidential curbside voting; offer the option of mail or absentee ballots to persons with disabilities, provided ballots are accepted up to and including the day of the election; and/or designate an alternate, accessible polling facility that conforms to the Standards with respect to parking, exterior routes, entrances, signage, and interior routes to the voting area. Standards §§ 4.1.2(1), 4.1.2(5), 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.13, 4.26, 4.30.
8. After receiving the City’s proposed plan for providing accessible voting pending physical changes to the City’s polling places, the Department will review the plan to determine whether it adequately addresses the requirements of the ADA and Rehabilitation Act. If the Department determines that it does not adequately address these issues, it will notify the City in writing, setting forth specifically the manner in which the proposed plan is not adequate. At that time, the City will have 30 days to modify the plan to address the issues raised by the Department. If the City fails to provide a plan that meets the requirements of the ADA and the Rehabilitation Act in that time the Department may, at its discretion, implement the enforcement procedures set forth in this Agreement. If, however, the plan proposed by the City is approved by the Department, the Department will inform the City of this in writing. The City will implement the plan within 60 days of the Department’s written approval.
9. If the City decides to make its current polling places accessible, it will undertake the actions specified in paragraphs 9-11. There is no accessible route from the street into Centro Comunal Santa Juanita because the curb ramp, ramped walkway leading from the street to sidewalk, and entrance ramp do not comply with the Standards. The entrance door is also not accessible because there is an abrupt 2 inch change in level at the entrance door threshold.
Within one year of the effective date of this Agreement, the City will modify the curb ramp, ramped walkway, and entrance ramp so that they are in compliance with all relevant provisions of the Standards including those governing ground surface, transitions from ramp to street and gutter, slope, handrails, and edge protection. The City will also alter the entrance threshold so that the change in level is no greater than _ inch and is beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that ends in a level landing that is at least 60 inches long and 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.
10. There is no accessible route from the street into Maria L. McDougal School because steps lead to its entrance and no accessible means of vertical access or alternative entrance is provided. There is no accessible entrance into the rooms that are used for polling because they each have a step that results in an abrupt 4 _ inch change in level at their thresholds.
Within one year of the effective date of this Agreement, the City will install an entrance ramp into the Maria L. McDougal School that complies with the Standards and will alter the entrance to one of the rooms used for polling so that it is readily accessible to and usable by voters with mobility impairments. The school will install a ramp to the door that will have a slope no greater than 1:12, 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, 4.8, 4.13.6, 4.13.8, 4.26.
11. There is no accessible route from the street into the James Garfield School because the curb ramps on the route do not comply with the Standards. The rooms that are used for polling are not accessible because they have a step that creates an abrupt 6-1/4 inch change in level at their thresholds.
Within one year of the effective date of this Agreement, the City will install curb ramps that comply with the Standards and will alter the entrance to one of the rooms used for polling so that it is readily accessible to and usable by voters with mobility impairments. The school will install a ramp to the door that will have a slope no greater than 1:12, 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.
12. If the City decides to use curbside voting or absentee ballots, such curbside or absentee balloting shall be available to persons with disabilities for every election, special election, referendum, or any other item on which people may vote. Moreover, the ballots and any written or verbal information provided at the polling facilities must be made available to individuals with disabilities utilizing curbside or absentee balloting in every language in which they are available at the polling places. All instructions regarding the use of curbside and absentee balloting must be made available in all languages in which information at the polling places is made available.
B. TRAINING
13. Within 30 days of the effective date of this Agreement, the City will submit documentation of ADA training received by its ADA Coordinator. If the Department deems necessary, the City will procure additional training for the ADA Coordinator within one year of the effective date of this Agreement as directed by the Department.
14. The City will develop or procure a two-hour training program for all employees on the requirements of the ADA 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 the ADA training program. Within six months of the effective date of this agreement the City will submit to the Department, a copy of the proposed curriculum and the name, title, and address of the trainer. If the Department does not reasonably believe that the training is adequate, the City must modify the proposed training or procure different training so that it satisfies the Department’s concerns.
15. 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. 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 develop or procure sufficient training of its employees in a manner approved by the Department within one year of the effective date of the Agreement the Department may, at its discretion, deem the City in violation.
C. NOTICE AND GRIEVANCE PROCEDURE
12. 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.
17. 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.
18. 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
D. EMPLOYMENT POLICIES
19. Within 30 days of the effective date of this Agreement, the City will eliminate the pre-employment inquiry in its employment and the personal history applications that state: "Do you have a disability"? (¿Tiene ud. algun defecto/impedimento físico?). This Agreement does not cover any of the City’s other personnel policies and procedures.
E. EFFECTIVE COMMUNICATION
20. 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, and 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.). Within 30 days of identifying these sources of sign language interpreters and Braille documents, the City will submit written procedures to the Department for approval. The Department will inform the City of its approval or disapproval of the proposed policies and procedures within 30 days of receiving them from the City. 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. If the City fails to adequately modify its proposed policies and procedures in a manner that is acceptable to the Department within 30 days, the Department may deem the City in violation and undertake enforcement proceedings specified in this Agreement.
21. 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.
22. 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 a system of TTY’s, that number will be publicized in the same manner, in lieu of TTY numbers where appropriate. 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.
23. The City will take steps to ensure that all employees are trained in the use of a TTY and the Puerto Rico relay system, depending on which system that employee’s office will utilize and that any TTY equipment is maintained in good working order through test calls every six months for the life of this Agreement.
24. 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. PROGRAM ACCESS
25. 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. For example, the Municipal Police Department and legislature’s Assembly Chambers are on the second floors of buildings which can be reached only by stairs. Several key offices in City Hall and elsewhere have entrance thresholds that are several inches high. Other facilities have steps or abrupt changes in level on the routes to the entrance doors. None of the public toilet rooms that the Department surveyed is accessible to persons who use wheelchairs.
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 writing and the City will implement the plan within 30 days of the Department’s 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.
26. 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.
G. PHYSICAL ALTERATIONS
27. Within two years of the effective date of this Agreement, the City will survey each of 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); Standards §§ 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
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 complete the following alterations to City Hall within three years of the effective date of this Agreement:
a. There is no accessible route to the Assembly Room on the second floor of City Hall because it can only be reached by climbing stairs.
(1) Install an elevator that complies with the Standards. Standards §§ 4.1.3(1), 4.3.2, 4.3.8, 4.10; or
(2) Develop and implement a written policy that provides for the relocation of meetings scheduled to take place in the Assembly Room to an accessible location. This policy must require relocation to occur if it is requested any time before the start of proceedings on the day at issue unless the proceeding and its location is not announced before that time. If the proceeding or its location is not announced prior to the day it takes place, then relocation must occur if a request is made at any time.
b. The dais on which the Assembly President and Vice President are located during meetings is raised several inches above the floor and can only be reached by climbing stairs. Install a ramp to the dais that complies with the Standards. Standards §§ 4.1.3(1), 4.3.7, 4.3.8, 4.5.2, 4.8.
c. The gated partition separating spectator seating from the Assembly meeting area is not wide enough because it has a clear opening width of only 29 inches. Modify the gate so that it provides a minimum clear opening width of at least 32 inches. Standards §§ 4.1.3(1), 4.3.2, 4.3.3, 4.13.5.
d. The Assembly Room is not equipped with an assistive listening system nor is a portable assistive listening system available for use in the Assembly Room.(1) Install an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system. Standards §§ 4.1.3(19)(b).
(2) 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.
(3) 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.
(4) 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.
(5) 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 routine maintenance of the assistive listening system. In addition, these employees must be trained on the policies governing use of the system and the receivers.
e. Designated Accessible Unisex Toilet Room
(1) There is no accessible route from the street to the designated accessible unisex toilet room. One route has an abrupt change in level greater than 1/2 inch. An alternate route is barred by gates with no call button, and includes a short ramp that has a slope greater than 1:12 and abrupt transitions to the ground surface at the top and bottom of the ramp. Modify the ground surface along the accessible route to the designated accessible unisex restroom so that there is no abrupt change in level either by modifying the ground surface or installing a ramp that complies with the Standards or on the alternate route remove all gates and modify the short ramp so that it complies with the Standards. Standards §§ 4.1.2. 4.3, 4.5, 4.8, 4.22.1.
(2) There is no signage at the toilet room. Provide signage that includes raised letters, Braille, and the international symbol of accessibility, and that is mounted on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.2, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
(3) There is no signage at the non-accessible toilet rooms indicating the location of the designated accessible toilet room. Provide signage with the that complies with the Standards at the non-accessible toilet rooms indicating the location of the designated accessible toilet room. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
(4) The entrance door has twist hardware and a clear opening width of 27 1/2 inches. Alter the doorway to provide a minimum clear opening width of 32 inches and replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.13.5, 4.13.9.
(5) There are two toilet stalls in the room that are similar. One stall was surveyed and found to have the following non-compliant elements: the width of the stall door is 22 1/2 inches, the stall is 34 inches wide and 45-3/4 inches deep, the height of the toilet seat is 15 1/2 inches above the finish floor and there are no grab bars. Additionally, the height of the lavatory provides a clearance of 25 inches above the finish floor to the bottom of the apron.
Remove the stall partitions and the second toilet and renovate the room to provide an accessible, single user, unisex toilet room so that the spaces and elements, including the clear floor space at fixtures and dispensers, turning space, accessible route, maneuvering space at the door, water closet, grab bars, lavatory and controls and dispensers comply with the Standards. Standards §§ 4.2, 4.3, 4.13.6, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.26, 4.27.
f. Drinking Fountain
The drinking fountain is on a route that has a cross slope greater than 1:50 and has clear ground space for a forward approach that is 19 inches wide. Provide an additional drinking fountain that is accessible, with a spout height no higher than 36 inches and located on an accessible route that does not have a cross slope greater than 1:50, positioned so that it has clear ground space that complies with the Standards (forward approach if it is a wall or post-mounted unit, side approach if it is free-standing or does not have clear space underneath). Standards §§ 4.1.3(10), 4.2.4, 4.3.7, 4.15 & Fig. 27.
g. There is a change in level greater than 1/2 inch at the threshold of the Office of the ADA Coordinator. Provide an accessible route with a slope of no more than 1:20 so that the change in level required at the door threshold is no greater than 1/2 inch and beveled with a slope no greater than 1:2 and the door maneuvering clearance is level or install a ramp with a slope no greater than 1:12 that complies with the Standards and ends in a level landing at least 60 inches long that provides the required level maneuvering clearance at the door that results in the change in level at the threshold being no more than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7), 4.3.7, 4.3.8, 4.5.2, 4.8, 4.13.6, 4.13.8.
h. There is a change in level greater than 1/2 inch at the threshold of the Office of Federal Programs. Install a ramp with a slope no greater than 1:12 that complies with the Standards and ends in a level landing at least 60 inches long that provides the required level maneuvering clearance for the door. Standards §§ 4.1.3(7) 4.3.8, 4.5.2, 4.8, 4.13.6, 4.13.8.
i. There is no accessible route from the street to the City Secretary, Tourist, and Section 8 offices. One route has an abrupt change in level greater than 1/2 inch. An alternate route is barred by gates with no call button, and includes a short ramp that has a slope greater than 1:12 and abrupt transitions to the ground surface at the top and bottom.
Establish an accessible route from the street to these offices that complies with the Standards. If the route with the abrupt change in level is used, install a ramp that complies with the Standards or modify the ground surface so that any abrupt change in level will be _ inch or less and any such changes greater than _ inch are beveled with a slope no greater than 1:2. If the gated route is used, keep the gates unlocked at all times that City Hall is open to the public and provide a call button or intercom so that they can promptly be unlocked upon request at other times when the City Hall might be in use. Standards §§ 4.1.2(1), 4.3.8, 4.5.2, 4.8.
j. There is a change in level greater than _ inch at the entrance doors to the City Secretary, Tourist, and Section 8 offices. Install a ramp with a slope no greater than 1:12 that complies with the Standards and ends in a level landing at least 60 inches long that provides the required level maneuvering clearance at the door. Standards §§ 4.1.2, 4.1.3(7), 4.3.8, 4.5.2, 4.8, 4.13.6.
29. The City shall complete the following alterations to the Centro de Envejecientes within 18 months of the effective date of this Agreement:
a. There is an abrupt change of level greater than 1/2 inch on the accessible route from the street to the entrance of the building, where the street meets the curb ramp. Alter this area so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.2, 4.3.8, 4.5.2.
b. There is an abrupt change in level greater than 1/2 inch where the street meets the bottom of the curb ramp leading to the entrance of the building . Alter this area so that the curb ramp has flaired sides and complies with the Standards and so that the transition from the gutter to the curb ramp is flush and free of abrupt changes. Standards §§ 4.1.2, 4.7.
c. Men’s and Women’s Toilet Rooms
(applies to both toilets unless otherwise noted)(1) The room does not have the required signage. Provide signage with raised letters, Braille, and all other attributes required by the Standards that is mounted on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible stall contains the following non-compliant elements: the width of the stall door is 30 1/2 - 31 inches, the stall is 36 - 44 1/2 inches wide, the centerline of the toilet is 23 inches from the side wall (men’s), the coat hook is located 64 inches above the floor, the toilet paper dispenser is located 46-47 inches from the back wall, there is no back grab bar, and the side grab bars are not compliant.
Provide an accessible toilet stall at least 60 inches wide and 59 inches deep such that its size and arrangement and all the stall’s elements, including entry door, stall door hardware, water closet, 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.
(3) The force required to open the door to the toilet room is 10 pounds (men’s). Adjust the door so that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.3(7), 4.13.11(2)(b).
30. The City shall complete the following alterations to the Centro de Cuidado Diurno within one year of the effective date of this Agreement:
a. There is no accessible route from the street into the Center because of two steps at the entrance door. Install a ramp to the entrance door 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, provides the required level maneuvering clearance at the door, and complies with all other relevant provisions of the Standards. Standards §§ 4.1.2, 4.3.7, 4.3.8, 4.5.2, 4.8, 4.13.6, 4.26.
31. The City shall complete the following alterations to the Centro Comunal Santa Juanita within two years of the effective date of this Agreement:
a. Men’s and Women’s Toilet Rooms
(Applies to men’s, women’s was locked. Make modifications to both, as necessary.)
(1) The door to the room lacks the required maneuvering clearance because a narrow raised walkway encircles the building. Alter the area outside the door to provide maneuvering clearance in compliance with the Standards. Standards §§ 4.1.3(7), 4.13.6 & Fig. 25(a).
(2) The room does not have the required signage. Provide signage with raised letters, Braille, and all other attributes required by the Standards that is mounted on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(3) The entrance door has a clear opening width of 27 inches and the door hardware appears to require tight pinching. Alter the doorway to provide a minimum clear opening width of at least 32 inches and provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching or twisting of the wrist. Standards §§ 4.1.3(7), 4.13.5, 4.13.9, 4.22.2.
(4) There are no grab bars in the accessible toilet stall. Install grab bars in accordance with the requirements set forth in the Standards. The grab bars are to be 1 1/4 to 1 1/2 inches in diameter and mounted so that there is exactly 1 1/2 inches between the wall and the grab bars. They are to be configured so that the grab bar on the back wall begins no more than 6 inches from the side wall and be no less than 36 inches in length. The grab bar on the side wall should begin no more than 12 inches from the back wall and extend at least 52 inches from the back wall. Both grab bars are to be mounted at the same height, between 33 and 36 inches above the finished floor. Standards §§ 4.1.3 (11), 4.17.6 & Fig. 30(a), 4.26.
(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(13), 4.19.5, 4.27.4.
32. The City shall complete the following alterations to the Santa Juanita Park (Luis A. Quiñones Park) within two years of the effective date of this Agreement:
a. Women’s and Men’s Toilet Rooms
(Applies to both toilets unless otherwise noted.)
(1) There is no accessible route from the street to the toilet rooms. Establish an accessible route between the toilet rooms and the street, including a curb ramp if necessary, that is firm, stable, and slip resistant. Standards §§ 4.1.2, 4.1.3(11), 4.3, 4.5, 4.7.
(2) The door to the room lacks the 60 inch maneuvering clearance on the pull side because a narrow raised walkway encircles the building. Alter the area outside the door to provide maneuvering clearance in compliance with the Standards. Standards §§ 4.1.2, 4.1.3(11), 4.13.6 & Fig. 25(a).
(3) The room does not have the required signage. Provide signage with raised letters, Braille, and all other attributes required by the Standards that is mounted on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(4) There is a 4-7 inch abrupt change in level at the threshold to the entrance door. Provide an accessible route with a slope of no more than 1:20 so that the change in level at the threshold is no greater than 1/2 inch and beveled with a slope no greater than 1:2 and the door maneuvering clearance is level, or install a ramp with a slope no greater than 1:12, equipped with handrails and edge protection, that has a level landing of at least 60 inches, provides the required level maneuvering clearance for the door, and complies with all other relevant provisions of the Standards. Standards §§ 4.1.2, 4.1.3(11), 4.3.7, 4.3.8, 4.5.2, 4.8, 4.13.6, 4.13.8, 4.26.
(5) The entrance door has a clear opening width of 27-28 inches and the door hardware appears to require tight pinching. Alter the doorway to provide a minimum clear opening width of at least 32 inches and provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching or twisting of the wrist. Standards §§ 4.1.3(7), 4.13.5, 4.13.9, 4.22.2.
(6) There are no grab bars at the toilet. Install grab bars in accordance with the requirements set forth in the Standards. The grab bars are to be 1 1/4 to 1 1/2 inches in diameter and mounted so that there is exactly 1 1/2 inches between the wall and the grab bars. They are to be configured so that the grab bar on the back wall begins no more than 6 inches from the side wall and are to be no less than 36 inches in length. The grab bar on the side wall should begin no more than 12 inches from the back wall, be at least 42 inches in length, and extend at least 54 inches from the back wall. Both grab bars are to be mounted at the same height, between 33 and 36 inches above the finished floor. Standards §§ 4.1.3(11), 4.16.4 & Fig. 29, 4.26.
(7) The lavatory has a rim that is more than 34 inches above the finish floor and twist-type faucets. Alter the lavatory so that the rim is no higher than 34 inches above the finish floor, there is a clearance of at least 29 inches above the floor to the bottom of the apron and sufficient clearance underneath the sink, and it otherwise complies with the Standards. Modify the controls so that they are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.1.3(11), 4.1.3(13), 4.19.2 & Fig. 31, 4.19.5, 4.27.4.
b. There is no accessible route from the toilet rooms to the spectator seating at the playing field. The walkway and ramp are 34-35 inches wide and the ramp has a slope greater than 1:12. Alter the walkway and ramp so that each has a clear minimum width of 36 inches and the ramp slope does not exceed 1:12. Standards §§ 4.1.2, 4.3.3, 4.3.7, 4.3.8, 4.5.2, 4.8.
c. There is no accessible route from the spectator seating at the playing field to the concession stand. Establish an accessible route between the concession stand and the stadium seating. Standards §§ 4.1.2, 4.3, 4.5.
d. The top of the concession counter is 45 1/2 inches from the ground surface. Provide a counter that is at least 36 inches wide and no more than 36 inches high . Standards § 7.2(1).
e. There are no wheelchair seating locations in the spectator seating at the playing field. Provide wheelchair locations in the spectator seating area, in a number equal to one percent of the total number of seating locations in the stadium, 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.
f. There is no accessible route from the street to the basketball court. Establish an accessible route between the basketball court and the street, including a curb ramp if necessary, that is firm, stable, and slip resistant and complies with all other relevant provisions of the Standards. Standards §§ 4.1.2, 4.3, 4.5, 4.7.
33. The City shall complete the following alterations to the Centro Comunal Arenas within two years of the effective date of this Agreement:
a. There is a 3 1/2 inch change in level where the walkway abuts the porch. Alter this area so that the change is no greater than 1/2 inch and 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 edge protection, that has a level landing of at least 60 inches, provides the required level maneuvering clearance for the door, and complies with all other relevant provisions of the Standards. Standards §§ 4.1.2, 4.3.7, 4.3.8, 4.5.2, 4.8, 4.13.6, 4.13.8, 4.26.
b. The toilet rooms cannot be accessed because there are steps leading to the entrances and there is a 2 inch change in level at the thresholds to the entrance doors. The spaces and elements within the rooms do not comply with the Standards.
Provide an accessible "unisex" toilet room identified by the International Symbol of Accessibility on an accessible route so that the spaces and elements, including the clear floor space, turning space, and accessible route, water closet, grab bars, lavatory, mirror, and controls and dispensers, and signage comply with all relevant provisions of the Standards. Standards §§ , 4.1.2, 4.1.3, 4.2, 4.3, 4.5, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.25, 4.26, 4.27, 4.30.
Install signs at the inaccessible toilet rooms, at the stairways leading to the inaccessible toilet rooms, and in other conspicuous places directing users to the location of the accessible toilet room. Standards §§ 4.1.2(7)(d), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
c. There is no accessible route from the recreation center to the basketball court. The ramp has slope greater than 1:12 and there is an abrupt change of level greater than 1/2 inch where the top of the ramp abuts the sidewalk. Alter the ramp so that its slope does not exceed 1:12 and there is no change of level greater than 1/2 inch and beveled with a slope no greater than 1:2 at the transition to the sidewalk. Standards §§ 4.1.2, 4.3.7, 4.3.8, 4.5.2, 4.8.
d. There are no wheelchair locations in the spectator seating at the basketball court. Establish wheelchair locations in the spectator seating area, in a number equal to one percent of the total number of seating locations at the basketball court, 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.
34. The City shall complete the following alterations to the Centro Comunal Magueyes within three years of the effective date of this Agreement:
a. Within 6 months of the effective date of this Agreement, the City will review and report to the Department on whether the Centro Comunal Magueyes is readily accessible to and usable by persons with disabilities. The report will set forth in detail the accessibility of each element of the facility listed below, and, where those elements are not compliant with the Standards, will set forth in detail the measures the City proposes to undertake to bring them into compliance with the Standards. Elements to be surveyed include the accessible route to the Center from the street and within the facility (§§ 4.3, 4.4, 4.5, 4.7); ramps (§ 4.8); entrance doors (§ 4.13); toilet rooms (§§ 4.16 & Figs. 28, 29, 4.17 & Fig. 30, 4.18, 4.19, 4.22, 4.25, 4.26, 4.27); drinking fountains (§ 4.19), and signage (§§ 4.1.3(16), 4.30).
b. After receiving the City’s report, the Department will notify the City in writing, whether it approves the City’s plans to make these elements of the facility compliant. If the Department does not believe the City’s proposal is adequate, such notice will inform the City where the proposal falls short. The City will then have 60 days to modify the proposal to make it acceptable to the Department and resubmit it. If the Department does not approve the modified plan it may consider the City in violation of the Agreement and enter into enforcement proceedings as provided by this Agreement.
c. If the City’s proposal is approved by the Department, the City will complete any necessary physical alterations to these areas within three years of the effective date of this Agreement.
35. The City shall complete the following alterations to the Centro Comunal y Parque La Joya Santa Rita within three years of the effective date of this Agreement:
a. There is no accessible route from the street to the entrance. There is an 8 inch step down from the sidewalk to the walkway leading to the entrance, the walkway is not stable, firm and slip resistant, and there is a 1 inch change in level at the threshold to the entrance door. Provide an accessible route from the street to the entrance with a slope no more than 1:20 so that changes in level are no greater than _ inch and beveled with a slope no greater than 1:2 and that provide the required level clear maneuvering space at the door, or install a ramp with a slope no greater than 1:12, equipped with handrails and edge protection, that has a level landing of at least 60 inches, provides the required level maneuvering clearance for the door, and complies with all other relevant provisions of the Standards. Standards §§ 4.1.2, 4.1.3(11), 4.3.7, 4.3.8, 4.5.2, 4.8, 4.13.6, 4.13.8, 4.26.
b. One leaf of the entrance door has a clear opening width of 28_ inches. Alter the doorway to provide a minimum clear opening width of at least 32 inches for at least one door leaf measured from the face of door to opposite door stop with the door open 90 degrees. Standards §§ 4.1.3(7), 4.13.4, 4.13.5.
c. Toilet Rooms
(men’s and women’s toilet rooms; applies to both unless otherwise noted)
(1) The toilet room does not have the required signage. Install signage, using raised characters, Braille, and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage 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 room (men’s) is not on an accessible route. The clear opening width of the short hallway in front of room is 23 _ inches. Remove the hall partition so that there is an accessible route to the room that has a minimum clear width of 36 inches. Standards §§ 4.1.3(1), 4.3.3, 4.22.1.
(3) The entrance door to the toilet room has a clear opening width of 28 1/2 inches and twist hardware. Alter the doorway to provide a minimum clear opening width of 32 inches, and replace the door handle with hardware that is operable with one hand and that does not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.5, 4.13.9.
(4) The toilet stall contains the following non-compliant elements: the door to the stall is 22 1/2 inches wide, the stall is 31 1/2 -32 inches wide, and there are no grab bars. Provide a "standard"accessible toilet stall at least 60 inches wide and 59 inches deep such that its size and arrangement and all of the stall’s elements, including stall door, stall door hardware, water closet, 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, 4.17.3 & Fig. 30(a), (c), (d), 4.22.4, 4.25, 4.26, 4.27.
(5) The height of the lavatory provides a clearance of 25 1/2 inches above the finish floor to the bottom of the apron, and the lavatory has twist-type faucets. Re-mount or provide a lavatory so that there is a clearance of at least 29 inches above the finish floor to the bottom of the apron and so that there is sufficient clearance underneath the sink, and it otherwise complies with the Standards. Replace the faucets 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), 4.1.3(13), 4.19.2 & Fig. 31, 4.19.5, 4.27.4.
36. The City shall complete the following alterations to the Centro Comunal Belgica within three years of the effective date of this Agreement:
a. There is no accessible route from the street into the facility. There is a 3 inch change of level at the gate, the route is not stable, firm and slip resistant, the ramp to the entrance does not have raised edges and the handrails do not extend the length of the ramp, and there is a 1 _ inch change in level at the threshold to the entrance door.
Provide an accessible route that is stable, firm and slip resistant with a slope no more than 1:20 from the street to entrance of the facility so that the change in level at the gate is no greater than 1/2 inch and beveled with a slope no greater than 1:2 and the required maneuvering clearance at the gate is level. Install edge protection and handrails on the sidewalk ramp that comply with the Standards. Raise the ramp landing and extend the ramp as necessary so that the change in level at the entrance door is no greater than 1/2 inch and beveled with a slope no greater than 1:12. Standards §§ 4.1.2, 4.3.7, 4.3.8, 4.5.2, 4.8 & Fig. 17, 4.13.6, 4.13.8, 4.26.
b. One leaf of the entrance door has a clear opening width of 21 1/2 inches. Alter the doorway to provide a minimum clear opening width of at least 32 inches measured from the face of door to opposite door stop with the door open 90 degrees. Standards §§ 4.1.3(7), 4.13.4, 4.13.5.
c. Toilet Rooms
The interior toilet room is not accessible because there is an 11 inch step at the entrance, and its elements and spaces do not comply with the Standards. The outside toilet rooms were locked and could not be surveyed during the Department’s onsite.
Provide an accessible "unisex" toilet room identified by the International Symbol of Accessibility on an accessible route so that the spaces and elements, including the clear floor space, turning space, and accessible route, water closet, grab bars, lavatory, mirror, controls, dispensers, and signage comply with the Standards. Standards §§ , 4.1.2(7)(d), 4.2, 4.3, 4.4, 4.5, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.25, 4.26, 4.27, 4.30.
Install signs at the inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet room. Standards §§ 4.1.3(16)(b), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
d. The ramp that leads from the sidewalk to the field, concession stand, and outdoor toilet rooms has an 11 1/2 inch rise and drop off and exceeds 72 inches in length, but lacks handrails and edge protection. Install handrails and edge protection that comply with the Standards. Standards §§ 4.1.2, 4.3.7, 4.3.8, 4.5.2, 4.8.5, 4.8.7 & Fig. 17.
e. There are no wheelchair locations in the spectator seating at the ball field. Establish wheelchair locations in the spectator seating area, in a number equal to one percent of the total number of seating locations in the stadium, that adjoin an accessible route, have an adjacent fixed companion seat next to each wheelchair seating location, and that provide people seated in wheelchairs with lines of sight comparable to those provided to the general public in compliance with the Standards. Standards §§ 4.1.2, 4.1.3(19)(a), 4.3, 4.5, 4.33.
f. The top of the concession counter is more than 36 inches above the ground surface. Provide a counter that is at least 36 inches wide and no more than 36 inches high. Standards § 7.2(1).
37. The City shall complete the following alterations to the Centro Comunal El Cano within three years of the effective date of this Agreement:
a. Within 6 months of the effective date of this Agreement, the City will review and report to the Department on whether the Center is readily accessible to and usable by persons with disabilities. The report will set forth in detail the accessibility of each element of the facility listed below, and, where those elements are not compliant with the Standards, will set forth in detail the measures the City proposes to undertake to bring them into compliance with the Standards. Elements to be surveyed include the accessible route to the park from the street (§§ 4.3, 4.4, 4.5, 4.7); ramps (§4.8); entrance doors (§ 4.13); toilet rooms (§§ 4.16 & Figs. 28, 29, 4.17 & Fig. 30, 4.18, 4.19, 4.22, 4.26, 4.27); drinking fountains (§ 4.19), and signage (§§ 4.1.3(16), 4.30).
b. After receiving the City’s report the Department will notify the City whether it approves the City’s plans to make these elements of the facility compliant. If the Department does not approve the City’s proposal it will notify the City in writing of those provisions which it does not believe satisfy the terms of this Agreement. The City will then have 60 days to modify the proposal to make it acceptable to the Department and resubmit it. If the Department does not approve the modified plan it may consider the City in violation of the Agreement and enter into enforcement proceedings as provided by this Agreement.
c. If the City’s proposal is approved by the Department, the City will complete any necessary physical alterations to these areas within three years of the effective date of this Agreement.
38. The City shall complete the following alterations to the Civil Defense Office within 2 years of the effective date of this Agreement:
a. There is no accessible route from the street to the Office entrance. The ramp leading to the entrance has a slope that exceeds 1:12 and a rise greater than 6 inches but is not equipped with handrails or side edge protection. There is a 1/2 inch and 2 inch change in level at the bottom and top of the ramp, respectively. Alter the ramp so that the slope does not exceed 1:12, there is no change of level greater than 1/4 inch at either end, and it is equipped with handrails and side edge protection that comply with the Standards. Standards §§ 4.1.2, 4.3.7, 4.3.8, 4.5.2, 4.8.
b. "Unisex" Toilet Room
(1) The toilet room is not on an accessible route because an information rack intrudes into the required minium clear width of 36 inches. Remove the rack so that the route has a minimum clear width of 36 inches. Standards §§ 4.1.3(1), 4.1.3(11), 4.3.3, 4.22.1.
(2) There is less than 18 inches of maneuvering space on the latch side of the entrance door for a forward pull approach. Install an automatic or power assisted door. Standards §§ 4.1.3(7), 4.13.6 & Fig. 25.
(3) The toilet room does not have the required signage. Install signage, using raised characters, Braille, and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage 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.
(4) The toilet room door does not have hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching or twisting of the wrist to operate. Replace the door handle with hardware that is operable with one hand and 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.
(5) The spaces and elements in the toilet room do not comply with the Standards. Renovate the room so that the spaces and elements, including the clear floor space, turning space, accessible route, water closet, grab bars, lavatory, mirror, controls, and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.25, 4.26, 4.27.
c. The offices of the Police Department are not on an accessible route; they are situated on the second floor of the building which can only be reached by stairs. Install an elevator or platform lift to the second floor. If a platform lift is installed it is 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.
39. The City shall complete the following alterations to the Library within two years of the effective date of this Agreement:
a. There is no accessible route from the street to the library entrance. The main entrance can be reached only by stairs. A ramp leads to the side entrance but access is blocked by parked vehicles and a locked gate with no call button, and the ramp does not comply with the Standards. In addition, there is a 1 1/2 inch change in level from the ramp landing to the door threshold and there is insufficient maneuvering clearance on the latch side of the door.
Establish an accessible route from the street to a library entrance by either providing a ramp at the main entrance or modifying the side entrance. If the front entrance is used, install a ramp that complies with the Standards. If the side entrance is used, alter the ramp to comply with the Standards, prohibit parking in front of the ramp, and keep the gates unlocked or provide a call button or intercom so that they can promptly be unlocked upon request. Raise the level of the ramp landing so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2 and enlarge the ramp landing so that the required maneuvering space is provided at the door or install an automatic door opener.
Standards §§ 4.1.2(1), 4.3.7, 4.3.8, 4.5.2, 4.8, 4.13.6, 4.13.8, 4.26.
b. Women’s and Men’s Toilet Rooms
(1) The width of the short hallway leading to the women’s toilet room is 26 1/2 inches. Alter this area so that it has a minimum clear width of 36 inches. Standards §§ 4.1.3, 4.3.3, 4.22.1.
(2) The entrance door to the toilet rooms is 25 1/2 inches wide and has knob hardware. Alter the doorways to provide a minimum clear opening width of at least 32 inches. Replace the hardware 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), 4.13.5, 4.13.9, 4.22.2.
(3) The toilet rooms do not have the required signage. Install signage, using raised characters, Braille, and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage 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.
(4) There is no accessible toilet stall: the stall is 36-36 inches wide, there are no grab bars, the top of the toilet seat is 15 1/2 inches above the finish floor, and the toilet center line is 19 1/2 - 20 inches from the partition.
Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep for a floor mounted toilet such that its size and arrangement and all of the stall’s elements, including stall door, stall door hardware, water closet, toe clearances, grab bars, controls and dispensers comply with the 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.
40. The City shall complete the following alterations to the Plaza de Recreo (Town Square) within three years of the effective date of this Agreement:
a. The curb ramps have abrupt changes in level where they meet the street. Alter the ramps so that transitions from the ramps to the streets are flush and free of abrupt changes. Standards §§ 4.1.2, 4.7.2.
b. There is no accessible route from the street into the gazebo because there are steps to its platform. Install a ramp to the gazebo platform that complies with the Standards. Standards §§ 4.1.2(1), 4.3.8, 4.5.2, 4.8, 4.26.
c. Women’s and Men’s Toilet Rooms
(applies to both unless otherwise noted)
(1) The toilet room does not have the required signage. Install signage, using raised characters, Braille, and all other attributes required by the Standards, on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage 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 (women’s) has twist hardware. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrists to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.27.4.
(3) The toilet rooms were locked during the onsite investigation and therefore could not be reviewed by the Department.
Within 90 days of the effective date of this Agreement, the City will undertake an evaluation of the toilet rooms to determine whether they are readily accessible to and usable by persons with disabilities as defined by the following Standards: §§ 4.16 & Figs. 28, 29, 4.17 & Fig. 30, 4.18, 4.19, 4.22, 4.25, 4.26, 4.27. In each instance where the toilet rooms do not comply with these provision of the Standards, the report will propose a modification to rectify the non-compliance. The Department will review the report and either approve it or inform the City of the reasons for withholding approval. The City will modify the report so that it meets the Department’s approval and will complete any necessary physical alterations the Department deems necessary to make the toilet rooms accessible within six months of receiving the Department’s written approval.
IMPLEMENTATION AND ENFORCEMENT
41. Any new construction or future alterations undertaken by the City will be done in a manner that complies with the Standards.
42. The City will ensure that any City owned facilities currently closed and scheduled to be reopened, are accessible before reopening.
43. 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 until the Agreement expires, 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.
44. 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 § 504 of the Rehabilitation Act.
45. 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.
46. 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 appropriate steps to enforce § 504 of the Rehabilitation Act.
47. 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.
48. The effective date of this Agreement is the date of the last signature below.
49. 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.
50. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for three years after the final deadline set forth in this Agreement.
51. The person signing for the City of Guánica represents that he is authorized to bind the City to this Agreement.
| For the City: |
For the United States: |
________________________________ MARTIN VARGAS MORALES Mayor Municipio de Guánica P.O. Box 785 Guánica, Puerto Rico 00653 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 ______________________ |
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 Guánica(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.
Many of the City’s facilities are not accessible to individuals who use wheelchairs. The City will provide access to its services, programs, and activities in alternate ways for such individuals. Contact the ADA Coordinator, at 821-2777.
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 auxiliary aid or service to participate in a City program, service, or activity, should contact the office of the ADA Coordinator, at 821-2777 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.
CITY OF GUANICA
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 Guánica.
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:
ADA Coordinator
821-2777
Municipio de Guánica
P.O. Box 785
Guánica, Puerto Rico 00653
Within 15 calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator 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 Guánica and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator 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 the ADA Coordinator, 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 Guánica for at least three years.
April 11, 2001