1. The parties to this Subagreement are the United States and RFS Hotel Investors, Inc.
2. Listed in the Specific Remedies Section, below, are architectural barriers to access, communication barriers to access, and failures to provide auxiliary aids (Non-compliant Features), within the meaning of Title III of the Americans with Disabilities Act ("ADA"), which the United States found during its investigation of the Holiday Inn in Central Lafayette, Louisiana (the "Hotel"). The list is not exhaustive, and may not include every Non-compliant Feature at the Hotel.
3. Following the Non-compliant Features in the Specific Remedies Section, below, are listed the modifications that will be undertaken at the Hotel. In addition to any specific references below, all modifications undertaken will comply with all relevant provisions of the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.
4. All citations and references are to the Standards. Citations following Non-compliant Features are not necessarily exhaustive; other Standards provisions may apply.
5. Schedule: In addition to any specific deadlines listed in the Specific Remedies Section, below, guest rooms will be modified to be accessible to persons with mobility impairments according to the following schedule: the 3 currently designated accessible rooms will be modified within one year of the effective date of this Subagreement; 4 rooms with double beds will be modified within two years of the date of this Subagreement, 2 more rooms with king-sized beds will be modified within three years of the date of this Subagreement, and 1 more suite will be modified within four years of the date of this Subagreement.
6. Dispersal: Guest rooms accessible to people with mobility impairments will be dispersed among the various classes of sleeping accommodations that the Hotel offers: including 2 such rooms with king-sized beds, 4 such rooms with double beds, and 1 suite. One room of each type shall have a roll-in shower.
7. Staff Training: All Hotel employees will be trained regarding all ADA issues relevant to the Hotel, including, but not limited to, use of auxiliary aids and their distribution to guests and reservation and distribution of designated accessible rooms to guests. All employees, including housekeeping and maintenance personnel, will be trained in these issues no less than semi-annually, and all new employees will be trained in these issues when they begin employment.
8. Guest Rooms:
a. Non-Compliant Features: The Hotel has 243 guest rooms. Only three have been designated as accessible to persons with disabilities, and none fully complies with the Standards. § 9.
b. Non-compliant Features: None of the designated guest rooms has roll-in showers, and none accommodate guests with hearing impairments. §§ 9.1.2, 9.1.3
Modifications: Within four years of the date of this Subagreement, a total of 10 guest rooms will be accessible to persons with mobility impairments and hearing impairments, 3 of which will include roll-in showers, and 7 additional guest rooms will be accessible to persons with hearing impairments. Three of the 10 guest rooms to be accessible to persons with mobility impairments are the 3 guest rooms currently designated as accessible, and they will be modified to meet the Standards as described in paragraphs c and d, below.
Guest rooms will be made accessible to persons with hearing impairments by use of portable kits, which can be used in any class of sleeping accommodations. Seventeen of such portable kits will be purchased, in addition to one TDD which shall be kept at the front desk so that the hotel staff can take calls from guests who use TDD's in accordance with 28 C.F.R. pt. 36, Appendix B, p.609, within one year of the date of this Subagreement. All Hotel staff, including housekeeping and maintenance personnel, will be trained in their use within 30 days after they are purchased.
c. Non-compliant Features: The designated accessible rooms include the following inaccessible features:
1) Non-compliant Features: Light switches require twisting to operate and are obstructed by furniture. §§ 4.2.4, 4.2.5., 4.2.6., 4.27.
Modifications: Light switches that comply with all relevant provisions of the Standards, including, but not limited to, those listed above in paragraph 8(c)(1), will be purchased and installed in the designated accessible rooms, and furniture will be relocated within 60 days of the date of this Subagreement.
2) Non-compliant Features: Drapery controls are not within required reach ranges. §§ 4.2.4, 4.2.5., 4.2.6., 4.27.
Modifications: Drapery controls will be relocated within 60 days of the date of this Subagreement.
3) Non-compliant Features: Auxiliary security locks are not operable without tight grasping, pinching and twisting of the wrist and are mounted too high. §§ 4.2.5, 4.2.6, 4.13.9.
Modifications: Security locks that comply with all relevant provisions of the Standards, including, but not limited to, those listed above in paragraph 8(c)(3), will be installed in designated accessible rooms, at no higher than 48 inches above the floor, within 60 days of the date of this Subagreement.
d. Non-compliant Features: The bathrooms within the designated accessible guest rooms fail to comply with many of provisions of the Standards. §§ 4.13.1, 4.13.6, 4.16.1, 4.16.4, 4.19.1, 4.19.2, 4.19.3, 4.19.4, 4.20.1, 4.20.3, 4.20.4, 4.20.5, 4.23.1, 4.23.3, 4.23.4, 4.23.6, 4.23.8, 4.26.1, 4.26.2, 4.27.1, and 4.27.4.
1) Non-compliant Features: The bathrooms have insufficient maneuvering space at their entrances. §§ 4.13.1, 4.13.6.
Modifications: The bathroom entrances will be modified to meet the Standards by a date consistent with the schedule for modifications in paragraph 5 of this Subagreement.
2) Non-compliant Features: Grab bars are less than the required length and mounting height. § 4.26.1, 4.26.2, 4.16.4, Figure 29.
Modifications: Grab bars meeting the length and mounting height requirements of Figure 29 of the Standards will be installed by a date consistent with the schedule for modifications in paragraph 5 of this Subagreement.
3) Non-compliant Features: There are insufficient toe and knee clearances at the lavatory, and lavatory pipes are not insulated or otherwise configured to protect against contact. 4.19.1, 4.19.2, Figure 31, 4.19.4.
Modifications: Lavatory pipes have been insulated. The lavatories will be remounted to meet the toe and knee clearance requirements in Section 4.19 and Figure 32 of the Standards by a date consistent with the schedule for modifications in paragraph 5 of this Subagreement.
4) Non-compliant Features: Bathtubs lack built-in seats and grab bars. §§ 4.20.1, 4.20.3, 4.20.4.
Modifications: Bathtub seats, meeting Section 4.20.3, and grab bars, meeting 4.20.4 and Figure 34 of the Standards, will be installed by a date consistent with the schedule for modifications in paragraph 5 of this Subagreement.
5) Non-compliant Features: Bathtub controls are not mounted in the required location and are not operable with one hand and without tight grasping, pinching, or twisting of the wrist. §§ 4.20.5, Figure 34,, 4.27.4.
Modifications: Bathtub controls that comply with all relevant provisions of the Standards, including, but not limited to, those listed above in paragraph 8(d)(5), will be installed in the locations required by Section 4.20.5 and Figure 34, by a date consistent with the schedule for modifications in paragraph 5 of this Subagreement.
9. Parking
Non-compliant Features: The Hotel has 490 parking spaces, only four of which have been designated as accessible. In addition, the slopes of the access aisles of those designated accessible spaces are not 1:50 or less because the curb ramps project into them. §§ 4.1.2(5), 4.6.4.
Modifications: Five additional spaces, designated as accessible and meeting all relevant provisions of Section 4.1.2(5), will be installed, two of which will be modified to meet requirements for van-accessible spaces, Section 4.1.2(5)(b). Curb ramps will be removed from access aisles of the four spaces which were designated as accessible in the past. In addition, signage meeting Section 4.6.4 will be installed at all nine spaces, including the two van-accessible spaces. All modifications in this paragraph will be completed within one year of the effective date of this Subagreement.
10. Passenger Loading Zone
a. Non-compliant Features: The passenger loading zone lacks an access aisle and a sign displaying the International Symbol of Accessibility. § 4.6.6.
Modifications: An access aisle meeting Section 4.6.6 and a sign displaying the International Symbol of Accessibility will be installed within one year of the effective date of this Subagreement.
b. Non-compliant Features: The curb ramp at the loading zone can be obstructed by parked vehicles and has flared sides that are too steep. §§ 4.7.5, 4.7.8.
Modifications: A vertical sign instructing drivers not to park cars in such a way as to obstruct the curb ramp will be installed, and the flared sides of the curb ramp will be modified to have a slope not exceeding 1:10. All modifications in this paragraph will be completed within one year of the effective date of this Subagreement.
11. Curb Ramps
Non-compliant Features: The flared sides of the curb ramp at the main entrance are too steep. The curb ramps located east of the main entrance and at guest room #303 can also be obstructed by parked vehicles. §§ 4.7.5, 4.7.8.
Modifications: The flared sides of the curb ramp at the main entrance will be modified to have a slope not exceeding 1:10, and vertical signs instructing drivers not to park cars in such a way as to obstruct curb ramps will be installed at the main entrance curb ramp and at the curb ramp at guest room #303. All modifications in this paragraph will be completed within one year of the effective date of this Subagreement.
12. Interior Accessible Route
Non-compliant Features: Several objects protrude into the path of travel in the main lobby, including umbrellas in the Holidome area, wall-mounted light fixtures, and fire extinguisher cabinets. §§ 4.1.3(1), 4.1.3(2), 4.1.3(3), 4.3.1, 4.3.5, 4.3.7, 4.4.1, 4.4.2, and 4.8.
Modifications: All objects will be removed from the path of travel in the main lobby, including the objects listed in paragraph 11, within 60 days of the effective date of this Subagreement.
13. Entrances and Exits
Non-compliant Features: Signs that designate exit doors lack raised characters and Grade 2 Braille, and all interior doors exceed 5 lbf. opening force. § 4.1.3(7), 4.1.3(8), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.13.1, and 4.13.11.
Modifications: Raised characters and Grade 2 Braille will be added to signs at exit doors and the opening force required at interior doors will be modified to not exceed 5 lbf. All modifications in this paragraph will be completed within one year of the effective date of this Subagreement.
14. Ramps
Non-compliant Features: The ramps from the main lobby to the Atrium lack complying handrails. §§ 4.1.3(1), 4.1.3(3), 4.3.1, 4.3.8, 4.5.1, 4.5.2, 4.8.1 and 4.8.5.
Modifications: Handrails, meeting Sections 4.8.5 and 4.26, will be installed on the ramps from the main lobby to the Atrium within one year of the date of this Subagreement. Where extending a handrail 12 inches beyond the ramp segment in compliance with §4.8.5(2) would cause the handrail to extend beyond a wall into a walkway, the handrail may end at the wall.
15. Non-compliant Features: Lobby Toilet Rooms: The lobby toilet rooms fail to comply with the Standards in the following ways.
Modifications: The following modifications to the lobby toilet rooms will be complete within one year of the date of this Subagreement.
a. Non-compliant Features: The maneuvering space at the toilet room doors is blocked by drinking fountains. § 4.13.6 & Figure 25.
Modifications: Drinking fountains will be relocated to not block maneuvering space or automatic door openers will be installed at toilet room doors.
b. Non-compliant Features: Required force to open the toilet room doors is greater than 5 lbf. § 4.13.11.
Modifications: Opening force required at toilet room doors at will be modified to not exceed 5 lbf. or automatic door openers will be installed on toilet room doors.
c. Non-compliant Features: Signage is mounted in the wrong location and lacks raised lettering, Grade 2 Braille, and the International Symbol of Accessibility. §§ 4.30.4, 4.30.6, 4.1.2(7)(d), 4.30.6., 4.1.2(16).
Modifications: Raised lettering, Grade 2 Braille, and the International Symbol of Accessibility will be added to toilet room signage, and signage will be remounted according to Section 4.30.6.
d. Non-compliant Features: The toilet stalls that have been designated accessible fail to comply with the size and arrangement shown in Figure 30(a). § 4.17.
Modifications: At least one toilet stall in each of the men's and women's toilet rooms will be modified to meet the size and arrangement shown in Figure 30(a) of the Standards.
e. Non-compliant Features: The toilet seat height in the stall that has been designated as accessible in the women's toilet room is too low. § 4.16.3.
Modifications: The toilet seat in the designated accessible stall in the women's toilet room will be modified to be between 17 and 19 inches from the floor.
f. Non-compliant Features: The urinal rims are not elongated and are mounted too high, and the flush controls on the urinals are mounted too high. § 4.18.
Modifications: At least one urinal with an elongated rim will be installed in the men's toilet room no more than 17" from the floor, with flush controls no higher than 44" from the floor.
g. Non-compliant Features: The lavatory knee clearances are too low. § 4.19.2 & Figure 31.
Modifications: At least one lavatory in each of the men's and women's toilet rooms will be modified to have the knee clearances required in Figure 31 of the Standards.
h. Non-compliant Features: The toilet seat cover dispenser is mounted too high. § 4.22.7.
Modifications: The toilet seat cover dispensers in each of the men's and women's toilet rooms will be remounted at no higher than 54" from the floor.
16. Non-compliant Features: Meeting Room Toilet Rooms: The meeting room toilet rooms fail to comply with the Standards in the following ways.
Modifications: The following modifications will be complete within one year of the date of this Subagreement.
a. Non-compliant Features: None of the toilet stalls comply with Figure 30(a) of the Standards. § 4.17.
Modifications: At least one toilet stall in each of the men's and women's toilet rooms will be modified to meet the size and arrangement shown in Figure 30(a) of the Standards.
b. Non-compliant Features: The signage is mounted in the wrong location and lacks raised lettering, Grade 2 Braille, and the International Symbol of Accessibility. §§ 4.30.4, 4.30.6, 4.1.2(7)(d), 4.30.6., 4.1.2(16).
Modifications: Raised lettering, Grade 2 Braille, and the International Symbol of Accessibility will be added to toilet room signage, and signage will be remounted according to Section 4.30.6.
c. Non-compliant Features: The toilet paper dispenser in the men's toilet room is mounted in the wrong location. § 4.16.6.
Modifications: The toilet paper dispenser in the men's toilet room will be remounted to meet Figure 30 of the Standards.
d. Non-compliant Features: The toilet seat cover dispenser is mounted too high. § 4.22.7.
Modifications: The toilet seat cover dispensers in each of the men's and women's toilet rooms will be remounted at no higher than 54" from the floor.
e. Non-compliant Features: The grab bars are mounted too high. § 4.17.6 & Figure 30(a).
Modifications: Grab bars in each, the men's and women's toilet rooms will be remounted at between 33-36" from the floor.
f. Non-compliant Features: The urinal is mounted too high, is not elongated, and has its flush control mounted too high. § 4.18.
Modifications: At least one urinal with an elongated rim will be installed in the men's toilet room no more than 17" from the floor, with flush controls no higher than 44" from the floor.
g. Non-compliant Features: The lavatory knee clearance is too low, and the pipes under the lavatory are not insulated or otherwise protected from contact. §§ 4.19.2 & Figure 31, 4.19.4.
Modifications: At least one lavatory in each of the men's and women's toilet rooms will be remounted to meet the toe and knee clearance requirements in Section 4.19 and Figure 32 of the Standards, and those lavatory pipes will be insulated.
17. The parties agree to comply with relevant provisions of the Primary Agreement between the United States and Bass Hotels and Resorts with regard to alternative dispute resolution.
18. In the event any party fails to comply with any requirement of this Subagreement without obtaining sufficient advance written agreement with the United States as to a temporary modification of the relevant terms of the Subagreement, all then applicable terms of this Subagreement shall become immediately enforceable in a United States District Court. Such failures to comply will be considered subsequent violations, within the meaning of Title III of the ADA.
19. This Subagreement is limited to the facts set forth in it. This Subagreement does not address or remedy any other ADA claims or other claims under Federal law at the Hotel, or by the signees to the Subagreement.
20. The effective date of this Subagreement is the date of the last signature below.
21. This Subagreement shall be binding on the parties and their successors in interest, and each party has a duty to so notify all such successors in interest.
22. Signors of this Subagreement on behalf of the parties represent that they are authorized to bind those parties to this Subagreement.
For the United States:
______________________________
John L. Wodatch (date)
Renee Wohlenhaus
Bebe Novich
Attorneys
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202)616-2313
For RFS Hotel Investors, Inc:
______________________________
William J. Crosby (date)
Vice President
Agent for Owner
RFS Partnership, L.P.
850 Ridge Lake Boulevard, Suite 220
Memphis, Tennessee 38120
(901) 767-7005
Received:
______________________________
(date)
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
(770) 604-2916
Return to Subagreements with Franchised Hotels of Bass Hotels and Resorts, Inc.
February 8, 1999