1. The parties to this Agreement are the United States of America and Motel 6 Operating L.P. The parties hereby agree as follows:
A. DEFINITIONS
2. "ADA" means the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and its implementing regulations issued by the United States in effect on the date of the execution of this Agreement.
3. "Title III" means specifically title III of the ADA, 42 U.S.C. §§ 12181-12189 (1990), and the implementing regulations in 28 C.F.R. Part 36 and Appendix A in effect on the date of the execution of this Agreement.
4. "Standards" means the provisions of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A, in effect on the date of the execution of this Agreement.
5. Unless otherwise defined, all terms used in this document have the meaning used in the ADA and the Standards.
6. "Alteration" and other forms of "alter" mean modification to a facility, which has occurred since January 26, 1992, in a manner that affects or could affect the usability of that facility or part thereof, within the meaning of 42 U.S.C. § 12183(a)(2) and 28 C.F.R. § 36.402, § 36.403, and App. A § 3.5.
7. "Motel 6" means all motel facilities operated under the trade name Motel 6 and owned or operated by Motel 6 Operating L.P.
8. ?Dispersal of Guestrooms? refers to the classes of sleeping accommodations including room size, cost, amenities provided and number of beds provided. See 28 C.F.R. Part 36, App. A §§ 9.1.4(1) and (2).
9. Motel 6 is a public accommodation because it is a private entity that owns, leases, or operates a place of public accommodation. 42 U.S.C. §§ 12181(6), (7); 28 C.F.R. § 36.104.
10. The Department initiated a compliance review of Motel 6 facilities owned by its parent company Accor, pursuant to the Attorney General’s authority under 42 U.S.C. § 12188(b)(1)(A)(i) to conduct periodic reviews of compliance of covered entities. As part of its review, the Department conducted architectural surveys of a number of Motel 6 facilities.
11. During the course of its compliance review, and as a result of its architectural surveys of Motel 6 facilities, the Department determined that there were architectural barriers to access at every Motel 6 facility surveyed and that each of these facilities violated either the new construction, alteration or barrier removal requirements of the ADA. Specifically, the Department concluded that several features, elements and spaces of the Motel 6 facilities were not in compliance with the Standards. Examples of the various features, elements and spaces of the Motel 6 facilities surveyed that have been identified as in violation of the regulation and corresponding provisions of the Standards for Accessible Design are listed in Exhibit 1.
12. In order to redress the accessibility issues identified at the facilities that were surveyed by the United States, and to ensure that all of the Motel 6 facilities owned by Accor are in compliance with the ADA, Motel 6 has agreed to take the steps outlined in section D of this Agreement.
13. Facilities which have undergone alterations, as defined by the Standards § 3.5, are required to ensure, among other things, that if existing elements, spaces, or common areas are altered, then each such altered element, space, feature, or area shall comply with the applicable provisions of the requirements for new construction.1 42 U.S.C. § 12183(a)(2)(A)(iv); 28 C.F.R. §§ 36.402-406; 28 C.F.R. Pt. 36, App. A. Rather than undertake a case by case analysis of every altered facility, Motel 6 has agreed to enter a system-wide settlement that will ensure access at all of its facilities. Because nearly all Motel 6 facilities have undergone one or more renovations during the past 10 years, and because Motel 6 fully supports the ADA and welcomes persons with disabilities at its facilities, Motel 6 has agreed to take steps to make all of its properties accessible and usable to individuals with disabilities.
14. All Motel 6's in the United States are places of lodging and are thus places of public accommodation within the meaning of 42 U.S.C. § 12181(7)(A) and 28 C.F.R. § 36.104.
15. The United States enters into this Agreement pursuant to its authority, under 42 U.S.C. § 12188(b) and 28 C.F.R. § 36.503, to enforce the ADA. The parties enter into this Agreement in order to avoid litigation.
16. Motel 6 agrees to design and construct new facilities in compliance with the ADA and to ensure that any alterations made to an existing facility are, to the maximum extent possible, readily accessible to, and usable by, individuals with disabilities. 42 U.S.C. § 12183(a)(2)(A)(iv); 28 C.F.R. §§ 36.402-406; 28 C.F.R. Pt. 36, App. A.
17. By no later than July 31, 2004, Motel 6 shall designate or hire a Compliance Officer who will have authority and responsibility for ensuring that Motel 6 meets the terms of this Agreement and of the ADA. The Compliance Officer will – at Motel 6's expense – undergo training on the ADA’s accessibility requirements by no later than October 1, 2004.
18. By no later than October 1, 2004, Motel 6 will identify and train no fewer than twenty Motel 6 personnel – including, at least two from each region – who will assist the Compliance Officer in (a) evaluating every Motel 6 facility to identify potential ADA violations, if any, and (b) closely monitoring the work of private contractors hired to carry out accessibility work. The training will include a two day program provided by the United States (directly and/or through a private contractor chosen by the United States and paid for by Motel 6 ) as well as additional training provided by Motel 6.
19. By no later than December 30, 2004, Motel 6 will evaluate no less than thirty-three percent (33%) of all Motel 6 facilities to identify and reduce to writing all aspects of these facilities that do not meet the Standards. By no later than March 31, 2005, Motel 6 will evaluate no less than sixty-six percent (66%) of all Motel 6 facilities to identify, and reduce to writing all aspects of these facilities that do not meet the Standards. By no later than June 30, 2005, Motel 6 will have evaluated every Motel 6 facility to identify, and reduce to writing all aspects of these facilities that do not meet the Standards. Motel 6 will provide the United States with a list of facilities that have been surveyed by the above deadlines. Motel 6 will also maintain copies of these evaluations and will, upon request, make selected reports available to the United States within 30 days of a written request. In the event that the training to be provided by the United States is delayed for unforeseen circumstances, the deadlines for Motel 6 to evaluate its facilities will be postponed accordingly.
Motel 6's facility evaluations shall be conducted by either a licensed design professional or by individuals who have received the training specified in paragraph 18. Among other tools chosen by Motel 6, the technical assistance checklist found on the Department of Justice website (and attached hereto as Exhibit 2) will be used for these evaluations.
20. By no later than June 30, 2005, Motel 6 will educate all motel managers and assistant managers about its obligations under the ADA including, but not limited to, how to maintain and operate Motel 6 facilities in a manner that ensures all guests with disabilities are afforded an equivalent service. Motel 6 will provide a report to the United States by July 31, 2005, documenting the completion of and content of this training. Motel 6 will develop training materials to include information relevant to ADA compliance and will also annually educate all new managers about their obligations under the ADA.
21. With regard to all of its “newly constructed” facilities (those properties constructed by Motel 6 for first occupancy after January 26, 1993), Motel 6 will, by no later than December 31, 2005, conform all elements that deviate from the Standards of Accessible Design.
22. With regard to all of its properties designed for first occupancy prior to January 26, 1993, Motel 6 will ensure that every such facility, at a minimum, meets the following criteria by no later than June 30, 2006, except as provided in paragraph 24:
- Designated Accessible Parking Spaces serving the Office: Each facility shall have at least one meeting the Standards.
- Designated Accessible Parking Spaces serving the Designated Accessible Guestrooms: Each accessible guestroom shall have at least one accessible parking space meeting the Standards.
- Entrance doors to Office: Each Office shall have an accessible entrance meeting the Standards.
- Accessible Routes from Parking Spaces to the Office: There shall be at least one accessible route meeting the Standards, including any curb ramps along the route, from the accessible parking space to the office.
- Curb ramps at Parking Spaces serving the Designated Accessible Guestrooms: All curb ramps leading from the accessible parking spaces to accessible guestrooms shall meet the Standards.
- Exterior Doors to the Designated Accessible Guestrooms: All exterior doors and door hardware at the accessible guestrooms shall meet the Standards.
- Identification Signs on Guestrooms and Laundry: All room signs and directional signs shall meet the Standards and be placed in locations that comply with the Standards.
- Walkways surrounding the building: The following shall meet the Standards at each motel: (i) all walkways to accessible guestrooms from the Office; (ii) all walkways to accessible guestrooms from the accessible parking space designated for that room; and (iii) all walkways from the accessible guestrooms to the common use areas.
- Guest Laundry Room: The walkway to and entrance into a guest laundry room shall be accessible meeting the standards.
- Dispersal of Accessible Guestrooms: For each type of available room there shall be a minimum of one accessible guestroom meeting the Standards. In many Motel 6 facilities that were constructed for first occupancy before January 26, 1993, the guestrooms are too small to contain two double beds and to meet the Standards of Accessible Design. In these circumstances, if a person with a disability requests an accessible room with two beds, Motel 6 may choose from several options. Motel 6 may rent such individual the designated accessible room and a connecting room together for the price of one room. (See 28 C.F.R. Part 36, Appendix A § 9.1.4). In situations where there are no adjoining rooms that may be linked for this purpose, Motel 6 may offer a guest either two adjacent rooms, or one room that otherwise meets the Standards but has one double (or queen size bed) and one single bed.
- Number of Accessible Guest Rooms: At least 50% of the number of accessible guest rooms required by the Standards at each facility shall meet the requirements of the Standards by no later than January 2, 2006; the remaining 50% shall be provided by December 30, 2006. Each facility shall have at least one accessible room with a roll-in shower meeting the Standards.
- Swimming Pool: If a swimming pool is provided there must be an accessible route from the Office to the swimming pool.
23. By no later than December 30, 2004, Motel 6 will provide the United States with eight (8) examples of how Motel 6 intends to complete its modifications nationwide -- including detailed lists of the scope of work proposed for each project as well as drawings for each facility. Those examples shall be selected by Motel 6 as follows: (a) from among the properties previously surveyed by the United States Motel 6 will include three facilities constructed for first occupancy prior to January 26, 1993 and one facility constructed for first occupancy after January 26, 1993; (b) from among the properties surveyed by Motel 6 before December 30, 2004, Motel 6 will include three facilities constructed for first occupancy prior to January 26, 1993 and one facility constructed for first occupancy after January 26, 1993.
24. If Motel 6 believes (a) that it is technically infeasible to meet the requirements of paragraph 22 with respect to any particular element of any facility or (b) that compliance with paragraph 22 is not readily achievable with respect to one of the few Motel 6 facilities which have not been altered since January 26, 1992, it will take the following steps. Motel 6 will notify the United States of this contention, in writing, in a timely manner, and explain every reason why it believes this to be so. The requirement of timeliness is satisfied if notice is given by April 1, 2005, with respect to motels which Motel 6 surveys prior to March 31, 2005, and by no later than July 1, 2005, with respect to any other motel. The written notification must propose, in detail, an alternative solution. If the United States objects to the alternative proposal, it will notify Motel 6 by no later than forty-five (45) days after Motel 6’s correspondence, and the provisions of Paragraph 27 apply.
25. By June 30, 2006, the United States will identify 15 facilities for which it seeks detailed compliance information. Motel 6 will ensure that an independent consultant conducts surveys of and prepares reports on each of these facilities by September 30, 2006. These reports will identify the Motel 6 motel number and location, the date the motel was constructed and all elements that do not comply with the Standards or this Agreement.
26. By or before February 15, 2007, after the United States has evaluated the 15 survey reports conducted by Motel 6 and has also had the opportunity to conduct its own independent evaluation of a number of Motel 6 facilities, the United States will determine whether Motel 6 is in “substantial compliance” with the terms of this Agreement. In the event that Motel 6 is not in substantial compliance with the Agreement, it will pay civil penalties to the United States in a single payment of $110,000.00 dollars. For purposes of this Agreement “substantial compliance” is defined 90% of the facilities surveyed (by Motel 6 and the United States) meeting all the requirements of this Agreement. In other words, if more than one in ten facilities surveyed is found to lack the access features required by the terms of this Agreement, Motel 6 will be deemed not in substantial compliance and will be required to pay the above civil penalty.
In addition, if Motel 6 is found not in substantial compliance with the Agreement it will endeavor to promptly identify and correct all aspects of its facilities which remain in non compliance.
27. If the United States believes that Motel 6 is not in compliance with this Agreement or any requirements contained herein, the United States agrees to notify Motel 6 in writing of the alleged noncompliance and attempt to seek a resolution of the matter with Motel 6. If the parties are unable to reach a resolution within sixty (60) days of the date of the United States' written notification, the United States may seek enforcement of the terms of the Agreement in any United States District Court where jurisdiction and venue are proper. In the event that a court determines that Motel 6 has failed to comply with any term in this Agreement, such failure to comply shall be treated as a violation of title III of the ADA and the United States may seek, and the court may assess, civil penalties as provided in 42 U.S.C. § 12188(b)(2)(C). Alternatively, should the parties be unable to reach a resolution within sixty (60) days of the date of the United States' written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulations in any United States District Court where jurisdiction and venue are proper.
28. Nothing in this Agreement waives the right of the United States to bring a civil action to enforce this Agreement.
29. This agreement shall be binding on Motel 6, its agents and employees. In the event that Motel 6 seeks to transfer or assign all or part of its interest in any facility covered by this agreement and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale Motel 6 shall obtain the written accession of the successor or assign to any obligations remaining under this agreement for the remaining term of this agreement.
30. This Settlement Agreement constitutes the entire agreement between the parties relating to this matter and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party that is not contained in this written Settlement Agreement, including its attachments, shall be enforceable.
31. Any notices or other communications required by this agreement shall be effective when either delivered in person or by overnight mail.
32. This Agreement is effective until June 1, 2007.
For Motel 6 Operating L.P.: For the United States:
Accor North America, Inc.
Managing General Partner
By:____________________________
Date:___________________________
R. Alexander Acosta
Assistant Attorney General
Civil Rights Division
By:____________________________
JOHN L. WODATCH, Chief
L.IRENE BOWEN, Deputy Chief
NAOMI MILTON, Supervising Attorney
ALYSE BASS, Senior Trial Attorney
Disabilty Rights Section
U.S. Department of Justice
Washington , DC 20035-6738
(202) 307-2227
Date:___________________________
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October 5, 2004