SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE TOWN OF NARRAGANSETT, RHODE ISLAND

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-66-38

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 Town of Narragansett, Rhode Island ("Town") 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 Town receives financial assistance from the Department of Justice, the review also was 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 Town’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992 and make modifications necessary to comply with the Department’s title II regulations (28 C.F.R. Part 35), 28 C.F.R. §35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the Town’s obligations under title II and the Department’s regulations, 28 C.F.R. §35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the Town’s ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
  
  

  delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
  
  

  physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
  
  

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

The Department limited its program access review to those of the Town’s programs, services, and activities that operate in the following facilities: Sprague Park, Narragansett Recreation Tennis Clubhouse, The Towers, The Gazebo, Domenic H. Christofaro Park, Narragansett Town Beach South Pavilion, Narragansett Town Beach North Pavilion, Narragansett Pier Beach Club at the North Pavilion, Cabanas, Leroy Thompson Memorial Playground, Narragansett Public Safety Building, Downtown Comfort Station, Narragansett Public Library, George C’s Park, Eastward Look Playground and Park, Town Hall, Narragansett Senior/Community Center, Sunset Farms, and Canochet Farms. The following constitute new construction commenced after January 26, 1992: the basketball court, playground, and restroom/concessions building at Domenic H. Christofaro Park; and the playground, picnic area, parking, and seating at Sprague Park. The following constitute alterations that commenced after January 26, 1992: the toilet rooms at The Towers, the interior at Sunset Farms, Narragansett Town Beach South Pavilion changing and toilet rooms, the Cabanas ramp, the Narragansett Public Library toilet rooms, routes to recreation elements and playground at Eastward Look Playground and Park, and the second floor toilet rooms in Town Hall.

The Department also reviewed the accessibility of the following facilities solely with respect to their use as polling places by the Town: Bonnet Shores Community Center, Narragansett Elementary School, Pier Middle School, and Narragansett High School.


B. JURISDICTION

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


C. ACTIONS TAKEN BY THE TOWN

4. The Town has taken steps to bring its employment policies into compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application and are prohibited in the interview process. Its policies recognize the Town’s obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment; and to reasonably accommodate applicants and employees with disabilities upon notice of need, unless to do so causes an undue hardship. It has established a complaint procedure for employees and applicants who feel that they have been the subject of employment discrimination based on their disability.

5. The Town has appointed an ADA Coordinator.

6. The Town has focused on physical changes to provide program access. It embarked on a program to install curb ramps and accessible playground equipment and altered spaces in Town Hall, Sprague Park, The Towers, George C’s Park, Domenic H. Christofaro Park, Sunset Farms, Eastward Look Playground and Park, Narragansett Town Beach South Pavilion, Narragansett Public Library, and The Cabanas to provide accessible facilities.

7. The Town advises its citizenry of the availability of aids and services to ensure that communications with citizens who are deaf or hard of hearing is as effective as communication with others through written notices that are broadcast over cable TV along with the announcements of the meetings.

8. The Town has a TDD at its switchboard in Town Hall and in the Public Safety Building. Each office includes the TDD telephone number on its letterhead.

The parties to this Agreement are the United States of America and the Town of Narragansett, Rhode Island. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:


REMEDIAL ACTION

9. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

10. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("Standards") are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.


C. EMPLOYMENT POLICIES

11. Within 3 months of the effective date of this Agreement, the Town will amend its employment policies to provide that any selection criterion that has the effect of disqualifying an individual with a disability from employment based on disability must be job- related and consistent with business necessity.

12. Within 3 months of the effective date of this Agreement, The Town will amend its employment policies to provide that it will keep medical information confidential and separate from employees’ personnel files.


D. 9-1-1 SERVICES

13. The Town agrees to continue to ensure that TDD calls are answered as quickly as other calls received, and are monitored for timing and accuracy, if other calls are monitored. The Town will also continue to ensure that employees are trained and practiced in using a TDD to make and receive calls.

14. The Town will incorporate correct TDD call taking procedures into call takers’ performance evaluations, and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TDD call taking consistent with the training and procedures. The Town will submit a copy of its evaluation and procedures to the Department within 90 days of the effective date of this Agreement.


E. EFFECTIVE COMMUNICATION

15. Within 6 months of the effective date of this Agreement, the Town will develop and implement procedures for making a portable TDD available upon request to an individual who is hearing or speech impaired and who is detained at the Police Department under the Town’s authority.

16. Within 3 months of the effective date of this Agreement, the Town agrees to post signs or posters in several common areas of each building the Town owns or operates, in order to notify the general public that a TDD is available for public use, upon request, and to provide information about how and where to request accommodations consistent with the ADA.


F. SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES

17. Within 6 months of the effective date of this Agreement, the Town will survey the facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible, and install signage as necessary in compliance with 28 C.F.R. § 35.163(b).


G. GRIEVANCE PROCEDURE

18. The Town agrees that within 60 days of the effective date of this Agreement, it will establish a grievance procedure for resolving complaints of violations of title II of the ADA in compliance with 28 C.F.R. § 35.107(b).


H. PHYSICAL ALTERATIONS

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

19. DOMENIC CHRISTOFARO PARK

The Town shall make the following alterations in Domenic Christofaro Park within one year of the effective date of this Agreement:

a. The wheelchair seating area at the newly constructed basketball court cannot be accessed by a person using a wheelchair because of the lack of an accessible route from the paved path beside the court. Establish an accessible route to the wheelchair seating area that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.1.

b. The building housing the toilet rooms and concessions sales area is under construction. Submit a copy of the building plans for review by the Department within 30 days of the effective date of this Agreement.

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

20. NARRAGANSETT TOWN BEACH SOUTH PAVILION

The Town shall make the following alterations to Narragansett Town Beach South Pavilion within one year of the effective date of this Agreement:

a. Women’s Toilet and Dressing Room

(1) The side grab bar in the accessible toilet stall is 42 inches long and is mounted 2 inches from the back wall to the nearest end of the bar. The end of the side grab bar does not extend at least 52 inches from the back wall. Reposition or replace the grab bar so that it begins no more than 12 inches from the back wall, and the end extends at least 52inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.6, 4.22.4, 4.26,& Fig. 30(a).

(2) The toilet paper dispenser in the accessible toilet stall is mounted with its farthest edge 44 inches from the back wall. Reposition the dispenser so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(3) The coat hook on the wall in the accessible dressing stall is mounted 60 inches above the finish floor. Provide a coat hook in the accessible dressing stall that is not more than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a forward approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(4) The baby changing table in the accessible dressing stall is broken and cannot be opened for measurement. When the table is repaired, measure to the top surface of the opened table from the finish floor, and, if necessary, remount the table so that the top surface is no more than 34 inches above the finish floor in compliance with the Standards. § 4.32.4.

(5) The toilet/dressing room does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door.
§§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(6) The bench in the accessible dressing stall is less than 24 inches in depth. Provide a bench fixed to the wall which is at least 24 inches deep and at least 48 inches long. §§ 4.1.3(21), 4.35.4.

b. Men’s Toilet and Dressing Room

(1) The farthest edge of the toilet paper in the accessible toilet stall extends 39 1/2 inches from the back wall. Reposition the dispenser so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(2) The toilet paper dispenser, as installed above the grab bar, impedes use of the grab bar. Replace or reposition the dispenser below the grab bar providing at least 1 1/2 inches clear between the bottom of the grab bar and the top of the dispenser at the same time assuring that the paper outlet is at least 19 inches above the floor. §§ 4.1.6(1)(b), 4.1.3(11), Fig.30(d), Fig.39(d), 4.2.6.

(3) The side grab bar in the accessible toilet stall is 42 inches long and is mounted 4 inches from the back wall to the nearest end of the bar. The end of the side grab bar does not extend at least 52 inches from the back wall. Reposition or replace the grab bar so that it begins no more than 12 inches from the back wall, and the end extends at least 52 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.6, 4.22.4, 4.26,& Fig. 30(a).

(4) The top of the side grab bar in the accessible toilet stall is 30 1/4 inches from the finish floor. Reposition the grab bar so that the centerline of the grab bar is between 33 inches and 36 inches from the finish floor. § 4.17.6, Fig. 30(c)&(d).

(5) The toilet/dressing room does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door.
§§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6

(6) The mirror in the accessible dressing stall is mounted so that the bottom of the reflecting surface is 44 inches above the finish floor. Provide a mirror so that the bottom of its reflecting surface is not higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.

(7) The top surface of the baby changing table in the accessible dressing stall is 39 inches from the finish floor. Remount the baby changing table so that the top surface is no more than 34 inches above the finish floor. § 4.32.4.

(8) The bench in the accessible dressing stall is less than 24 inches in depth. Provide a bench fixed to the wall which is at least 24 inches deep and at least 48 inches long. §§ 4.1.3(21), 4.35.4.

21. NARRAGANSETT PUBLIC LIBRARY

The Town shall make the following alterations to the Narragansett Public Library within one year of the effective date of this Agreement:

a. The top surfaces of the tables for the seven computer stations that provide access to the library’s catalog and the Internet are at a level above the finish floor that renders them unusable by persons in wheelchairs. Provide a counter or table, with at least one computer station, with a top that is from 28 to 34 inches above the finish floor and where knee clearance at least 30 inches wide and 27 inches high is provided. §§ 4.32.4, 4.32.3.

b. Women’s Toilet Room

(1) The top surface of the baby changing table is 41 inches from the finish floor. Remount the baby changing station so that the top surface is no more than 34 inches above the finish floor in compliance with the Standards. § 4.32.4.

(2) The room identification sign is incorrectly mounted on the door. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. Men’s Toilet Room

(1) The top surface of the baby changing table is 41 inches from the finish floor. Remount the baby changing table so that the top surface is no more than 34 inches above the finish floor. § 4.32.4.

(2) The room identification sign is incorrectly mounted. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

d. Parking

There are no signs to designate the accessible spaces as reserved or to designate a van accessible space. Install signs to designate the accessible spaces as reserved and provide at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

22. THE TOWERS

The Town shall complete the following alterations to The Towers within one year of the effective date of this Agreement:

a. Unisex Toilet Room

(1) The room identification sign is incorrectly mounted. Install a sign that identifies the room in text using contrasting raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The hot water and drain pipes under the lavatory in the unisex toilet room are not insulated or configured to protect against contact. Install insulation on each set of pipes. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

(3) The side grab bar is 42 inches long and is mounted 17 inches from the back wall to the nearest end of the bar. Reposition or replace the grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, with the centerline at 33 inches to 36 inches above the floor, and the end extending at least 54 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(b).

b. Second Floor Men’s Toilet Room

(1) The coat hook in the accessible toilet stall is mounted 66 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a forward approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(2) The toilet paper dispenser is mounted so that its farthest edge is 42 inches from the back wall. Reposition the dispenser so that the toilet paper roll is located no more than 36 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(3) The toilet room does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. Second Floor Women’s Toilet Room

(1) The coat hook in the accessible toilet stall is mounted 66 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a forward approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25, 4.2.5, .2.6.

(2) The toilet paper dispenser is mounted so that its farthest edge is 42 inches from the back wall. Reposition the dispenser so that the toilet paper roll is located no more than 36 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(3) The toilet room does not have accessible signage. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

23. TOWN HALL

The Town shall complete the following alterations to the Town Hall within one year of the effective date of this Agreement:

a. Parking

Although a van accessible parking space is provided, it is not designated as such beneath the sign that designates the space as reserved. Install signage beneath a sign showing the international symbol of accessibility to designate one accessible space as "van-accessible." § 4.6.4.

b. Second Floor Men’s Toilet Room

(1) The top of the rim on the urinal in the second floor men’s toilet room is 19 1/4 inches above the finish floor. Reposition the urinal so that the height of the elongated rim is no higher than 17 inches above the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.

(2) The width of the designated accessible toilet stall is 41 inches. Provide a "standard" accessible toilet at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11). 4.13, 4.22.4, 4.16, 4.17 & Fig. 30(a), 4.26, 4.27.

(3) The centerline of the toilet in the second floor men’s toilet room is 21 inches from the side wall. Reposition the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2 & Fig. 30(a).

(4) The soap dispenser in the second floor men’s toilet room is mounted 53 inches from the finish floor, and it is mounted over a 24 inch obstruction. Reposition or provide a dispenser so that its highest operable part is no higher than 44 inches from the finish floor if it continues to be positioned over the obstruction. §§ 4.22.7, 4.27.3, 4.2.5. & Fig. 5(b).

(5) The hot water and drain pipes under the lavatory in the second floor men’s toilet room are not insulated or configured to protect against contact. Install insulation on each set of pipes. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

(6) The men’s toilet room does not have an accessible room designation sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. Second Floor Women’s Toilet Room

(1) The centerline of the toilet in the stall is 20 1/2 inches from the side wall. Reposition the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2 & Fig. 30(a).

(2) The coat hook in the designated accessible women’s toilet stall is located 63 _ inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or no more that 48 inches above the finish floor for a forward approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(3) The latch on the designated accessible toilet stall requires tight grasping, pinching, and twisting of the wrist to operate. Replace the latch with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.5, 4.13.9.

(4) The water heater tank in the designated accessible toilet stall is placed within the required clear floor space. No encroachment, other than the toilet itself, is allowed within the required clear floor space.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, Fig.28.

(5) The stall door on the designated accessible stall swings out into the aisles without sufficient maneuvering space to the latch side of the door. If space within the stall is sufficient, reverse the swing of the stall door. §§4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3, 4.17.5, Fig.25(a), Fig.30(a-1).

(6) The women’s toilet room does not have an accessible room designation sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

In order to ensure that each of the Town’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 Town will take the following actions.

24. SPRAGUE PARK

The Town shall make the following alterations at Sprague Park within one year of the effective date of this Agreement:

a. Little League/Babe Ruth Ballfields Concession Stands

(1) The service window at the rear of the seating stands has a service counter with a top surface that is 46 inches above the finish parking lot surface. Provide a counter that is no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches. § 7.2.

(2) The service window at the side of the seating stands has a service counter with a top surface that is 45 inches above the finish concrete surface. Provide a counter that is no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches. § 7.2.

(3) The building housing the concession stand and toilet rooms has been demolished and is being rebuilt to conform to the ADA Standards for Accessible Deisgn using volunteer labor. Within 60 days of the effective date of this Agreement, submit to the Department photographs and measurements of the men’s and women’s toilet rooms and concession stand at the Sprague Park Little League Fields. The Department will review the measurements and photographs for conformity to the ADA Standards for Accessible Design and take any other steps that it deems necessary to confirm conformity to the Standards.

(4) Within 60 days of the effective date of this Agreement, submit to the Department photographs to confirm that an additional designated accessible parking space has been added near the Little League Fields, that the existing designated spaces have been restriped, that the required signs have been installed, and that a van accessible parking space has been added in compliance with the Standards. §§ 4.1.2(5), 4.6, 4.30.7.

25. NARRAGANSETT SENIOR/COMMUNITY CENTER

The Town shall make the following alterations to the Narragansett Senior /Community Center within one year of the effective date of this Agreement, except as provided below:

a. Women’s Toilet Room.

(1) The designated accessible toilet stall is 37 inches wide, the toilet paper dispenser is not mounted in accordance with the Standards, and there is no rear grab bar. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Figure 30(a), 4.22.4, 4.26, 4.27.

(2) The toilet room does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(3) The required maneuvering clearance for the toilet room entrance door is not provided. Provide minimum maneuvering clearance as shown in Fig. 25 or install an automatic door opener. §§ 4.13.6 & Fig. 25, 4.13.12.

b. Men’s Toilet Room.

(1) The designated accessible stall in the men’s toilet room is 36 inches wide, the toilet paper dispenser is not mounted in accordance with the Standards, and there is no rear grab bar. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Figure 30(a), 4.22.4, 4.26, 4.27.

(2) The operable part of the paper towel dispenser is 58 1/2 inches above the finish floor. Reposition the towel dispenser so that the operable part is no greater than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a forward approach. §§ 4.22.7., 4.27.3, 4.2.5, 4.2.6.

(3) The top of the rim of the urinal in the men’s toilet room is 24 inches from the finish floor. Reposition the urinal so that the height of the elongated rim is no higher than 17 inches above the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.


(4) The required maneuvering clearance for the toilet room entrance door is not provided. Provide minimum maneuvering clearance as shown in Fig. 25 or install an automatic door opener. §§ 4.13.6 & Fig. 25, 4.13.12.

(5) The toilet room does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

d. Parking

The designated accessible parking spaces do not have signs that indicate that the spaces are reserved, there is not a space that is designated as van accessible, and the spaces are incorrectly stripped. Within 60 days of the effective date of this Agreement, submit photographs to the Department to confirm that the existing designated accessible parking spaces have been restriped to include access aisles, that the required signs have been installed, and that at least one van accessible parking space has been provided in compliance with the Standards. §§ 4.1.2(5), 4.6.

26. NARRAGANSETT TOWN BEACH NORTH PAVILION

The Town shall make the following alterations to the Narragansett Town Beach North Pavilion within one year of the effective date of the Agreement, except as provided below:

a. Dressing and Toilet Rooms

(1) There is a 1 1/2 inch change in elevation at the threshold of the outside entrance door. Alter this threshold so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2. A ramp with a slope no greater than 1:12 may be used if the door is equipped with an automatic opener. §§ 4.13.8, 4.5.2, 4.8.

(2) The room designation signs for the dressing and toilet rooms are not accessible. Install signs, using raised characters and Braille, on the walls adjacent to the latch sides of the doors so that the centerline of the signs is 60 inches above the ground and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(3) The unisex dressing and toilet room is not identified as accessible, and there is no signage at the inaccessible men’s and women’s dressing and toilet rooms indicating the location of the unisex accessible dressing and toilet room. Install signage at the unisex dressing and toilet room containing the International Symbol of Accessibility; install directional signage at the men’s and women’s dressing and toilet rooms indicating the location of the accessible unisex dressing and toilet room. §§ 4.1.3(16), 4.30.

(4) The toilet paper dispenser in the unisex dressing and toilet room is mounted above the side grab bar which interferes with the use of the grab bar. Reposition the toilet paper dispenser so that it is mounted beneath the side grab bar, with at least 1_ inches clearance from the grab bar to the top of the dispenser and so that the toilet paper roll is a maximum of 36 inches from the back wall. The paper outlet must be at least 19 inches above the floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.16.6, 4.22.4, Fig. 30(d), 4.2.6, Fig.39(d).

b. Ramps

(1) The gripping surface of the handrails of the ramp to the front entrance does not comply with the Standards, because a person with a mobility impairment cannot grasp the top rail. Provide handrails for the ramp to the front entrance that comply with the Standards. §§ 4.1.3(1), 4.8.5, 4.26.1, 4.26.2 & Fig. 39.

(2) The handrails of the ramp to the front entrance do not extend beyond the bottom of the ramp segment, and neither of the handrails has ends that are rounded or return smoothly to the floor, wall or post. Provide handrails that extend at least 12 inches beyond the bottom of the ramp, the ends of which are either rounded or returned smoothly to floor, wall, or post . § 4.8.5.

c. Parking

There are designated parking signs posted at two of the nine parking spaces that are designated as accessible, and not all of the spaces have striped access aisles. Within 60 days of the effective date of this Agreement, submit photographs to the Department to confirm that the existing designated accessible parking spaces have been restriped, that the required signs have been installed, and that at least one van accessible parking space has been provided in compliance with the Standards. §§ 4.1.2(5), 4.6.

27. NARRAGANSETT PIER BEACH CLUB

The Town shall make the following alterations to the Narragansett Pier Beach Club at the North Pavilion within one year of the effective date of this Agreement:

a. Men’s Toilet Room

(1) The room identification sign is incorrectly mounted. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The hot water and drain pipes under the lavatory are not insulated or configured to protect against contact. Install insulation on each set of pipes. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

(3) The farthest edge of the toilet paper dispenser is 39 inches from the back wall and is mounted above the grab bar interfering with the use of the grab bar. Reposition the dispenser so that it is below the grab bar with at least 1 1/2 inches clearance between the grab bar and dispenser and so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall with the paper outlet at least 19 inches above the floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d), 4.2.6, Fig. 39(d).

(4) The coat hook in the accessible toilet stall is located 63 1/2 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side approach or not more than 48 inches above the finish floor for a forward approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(5) The grab bars have a space of 2 1/8 inches between the bars and the wall. Provide grab bars that have exactly 1 1/2 inches between the bar and the wall. §§ 4.1.3(11), 4.22.4, 4.26.2, 4.16.4 & Fig. 39(e).

(6) The rear grab bar is mounted so that there are 9 1/2 inches from the end of the rear grab bar to the side wall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 30(a)(c).

b. Women’s Toilet Room

(1) The room identification sign is mounted too high. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The grab bars have a space of 2 1/8 inches between the bars and the wall. Provide grab bars that have exactly 1 1/2 inches between the bar and the wall. §§ 4.1.3(11), 4.22.4, 4.26.2, 4.16.4 & Fig. 39(e).

(3) The rear grab bar is mounted so that there are 9 1/2 inches from the end of the rear grab bar to the side wall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(a).

c. Ramp

The top of the handrail is 42 1/4 inches from the finish surface of the ramp, and the rail is not a grippable shape. Install a handrail on each side of the ramp so that the top of the handrail gripping surface is between 34 and 38 inches above the ramp surface and the shape of the handrail will allow grasping. §§ 4.8.5, 4.8.5(5), 4.26.2, Fig.39.

d. Parking

The one accessible parking space is not designated as "van-accessible." Provide at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

e. Picnic Areas

The picnic tables that are located on the accessible concrete pad at the beach side of the Club House have a knee clearance at the ends that is 11 inches deep. Provide at least one picnic table on the existing concrete pad with a 19 inch deep knee clearance. §§ 4.1.3(18), 4.32, 4.1.2(1), 4.3.8, 4.5.1.

28. NARRAGANSETT PUBLIC SAFETY BUILDING

The Town shall make the following alterations to the Narragansett Public Safety Building within one year of the effective date of this Agreement:

a. The cell doorway has a clear opening width of 20 inches. Provide a doorway with a minimum clear opening width of 32 inches. §§ 4.13.5, 4.2.1, 4.3.3 & Fig. 24(a)(e).

b. The bench in the cell has a top surface that is 22 inches from the finish floor. Provide a bench that is fixed to the wall, and mounted 17 inches to 19 inches above the finished floor. §§ 4.35, 4.35.4, 4.26.3.

c. The press room doorway has a clear opening width of 29 1/2 inches. Provide a doorway with a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. §§ 4.13.5, 4.2.1, 4.3.3 & Fig. 24(a)(b).

d. In lieu of the above, designate alternate accessible space, which has equivalent amenities to the existing cells, for the retention of arrestees and inmates who cannot independently enter, exit, and use the facilities in the existing cells. Submit a written proposal for this designation, with measurements and photographs, to the Department within 30 days of the effective date of this agreement. 28 CFR §35.150.

e. Unisex Toilet Room

(1) The mirror is mounted so that the bottom of the reflecting surface is 49 inches above the finish floor. Provide a mirror so that the bottom of its reflecting surface is not higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.

(2) The height of the soap dispenser control is 59 inches above the finish floor, and it is mounted over a twenty-four inch obstruction. Reposition the dispenser so that its highest operable part is not higher than 44 inches from the finish floor, if it remains positioned over the obstruction. §§ 4.22.7, 4.27.3, 4.2.5 & Fig. 5(b).

(3) There are no grab bars mounted on the side or rear wall. Remove the bars that are mounted around the toilet and install a side grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end extends at least 54 inches from the back wall and install a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(a) & (b).

e. Parking

The parking space and its requisite access aisle are not demarcated. Provide at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

29. DOWNTOWN COMFORT STATION

The Town shall make the following alterations to the Downtown Comfort Station within one year of the effective date of this Agreement:

a. Men’s Toilet Room

(1) The designated accessible toilet stall is 43 inches wide and 54 inches long, there is no rear grab bar, the side grab bars do not comply with the Standards, the door has a clear opening of 24 inches, the hardware requires tight grasping, pinching, or twisting of the wrist, and the toilet paper dispenser is mounted incorrectly. Provide a standard accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17 & Fig. 30(a)(c)(d).

(2) The urinal in the men’s toilet room is 25 inches above the finish floor. Reposition the urinal so that the height of the elongated rim is no higher than 17 inches above the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.

(3) The operable part of the paper towel dispenser is 63 1/4 inches above the finish floor. Install a towel dispenser so that the height of the operable part is no higher than 54 inches for a side approach or 48 inches for a forward approach. §§ 4.22.7., 4.27.3, 4.2.5, 4.2.6.

b. Women’s Toilet Room

The length of the designated accessible toilet stall is 54 inches and the width is 42 _ inches, there is no rear grab bar, the side grab bars do not comply with the Standards, the door hardware requires tight grasping, pinching, and twisting of the wrist, and the toilet paper dispenser is mounted incorrectly. Provide a "standard" accessible toilet at least 60 inches wide and 56-59 inches deep in each room such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11). 4.13, 4.22.4, 4.16, 4.17 & Fig. 30(a), 4.26, 4.27.

c. Room Designation Signs

The men’s and women’s toilet rooms do not have accessible room designation signs. Install signs, using raised characters and Braille, on the walls adjacent to the latch sides of the doors so that the centerline of the signs is 60 inches above the ground and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

d. Parking

There are no accessible parking spaces located near the building. Provide at least one "van accessible" parking space served by an access aisle at least 96 inches wide on the shortest accessible route of travel from adjacent parking to the accessible entrances. §§ 4.1.2(5)(b), 4.6.2, 4.6.3, 4.6.4.

30. TOWN HALL

The Town shall make the following alterations to the Town Hall within one year of the effective date of this Agreement:

a. First Floor Men’s and Women’s Toilet Rooms

(1) The men’s and women’s toilet rooms do not have accessible room designation signs. Install room designation signs, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) There is no signage at the inaccessible men’s and women’s toilet rooms on the first floor indicating the location of accessible toilet rooms on the second floor. When the modifications to the toilet rooms on the second floor have been completed, in accordance with the terms of this Agreement, install directional signage at the toilet rooms on the first floor indicating the location of the accessible toilet rooms on the second floor. §§ 4.1.3(16), 4.30.

b. Elevator

The elevator car is 45 inches deep. If the car cannot be modified, verify that there is space for a person in a wheelchair to the enter the car, maneuver within reach of the controls, and exit from the car. §§ 4.10.9, 4.10.10, 4.10.12, 4.2.6, & Fig. 22.

c. Drinking Fountain

The control on the drinking fountain requires tight grasping and twisting of the wrist to operate. Provide controls near the front edge that are operable with one hand without twisting. §§ 4.15.4, 4.27.4.

31. CANOCHET FARMS

The Town shall complete the following alterations to Canochet Farms within one year of the effective date of this Agreement:

a. Women’s Toilet Room

(1) The mirror is mounted so that the bottom of the reflecting surface is 53 inches above the finish floor. Provide a mirror so that the bottom of its reflecting surface is no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.

(2) The farthest edge of the toilet paper dispenser is located 50 inches from the back wall. Reposition the dispenser so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall. §§ 4.1.6(1)(b), 4.1.(11), 4.22.4, 4.16.6 & Fig. 30(d), Fig.29(b).

b. Men’s Toilet Room

(1) The operable part of the paper towel dispenser is 60 inches above the finish floor. Reposition the towel dispenser so that its highest operable part is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a forward approach. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(2) The farthest edge of the toilet paper dispenser is located 50 inches from the back wall. Reposition the dispenser so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall. §§ 4.1.6(1)(b), 4.1.(11), 4.22.4, 4.16.6 & Fig. 30(d), Fig.29(b).

(3) The mirror is mounted so that the bottom of the reflecting surface is more than 50 inches above the finish floor. Provide a mirror so that the bottom of its reflecting surface is no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.

c. Room Designation Signs

The room designation signs at the men’s and women’s toilet rooms and at the outside entrance door to the outside entrance to the toilet rooms do not have Braille, and the room designation sign at the outside entrance to the toilet rooms is mounted on the door. Install signs, using raised characters and Braille, on the walls adjacent to the latch sides of the doors so that the centerlines of the signs are 60 inches above the ground and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

d. Ramps

The ramps to the side entrance to the Visitor Center and to the main entrance to the Museum have handrails that do not comply with the Standards. Provide handrails that comply with the Standards. §§ 4.8.5, 4.26.2.

e. Museum Entrance

There is a 2_ inch change in elevation at the threshold of the outside entrance door. Alter this threshold so that the change is no greater than _ inch and beveled with a slope no greater than 1:2 or modify the ramp and the level platform providing maneuvering clearances at the door. §§ 4.13.6, 4.13.8, 4.5.2, 4.8.

32. SPRAGUE PARK

The Town shall complete the following alterations in Sprague Park within one year of the effective date of this Agreement, except as otherwise provided:

a. The water fountain at the tennis courts has twist-type controls that require tight grasping, pinching, and twisting of the wrist. Provide controls near the front edge that are operable with one hand without twisting. §§ 4.15.4, 4.27.4.

b. The entrance to the Narragansett Recreation Tennis Clubhouse is on a route that includes a step with a top surface that is 5 inches from the ground and a strip of grassy ground between the step and a concrete pad. In addition, the toilet rooms in the Clubhouse do not meet the requirements of the Standards. A complete renovation of the Clubhouse is scheduled. Submit a copy of the building plans for review by the Department within 30 days of the effective date of this Agreement.

c. The tennis courts cannot be accessed because of the lack of an accessible route from parking. Establish an accessible route to the tennis courts that complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.

33. GAZEBO

The Town shall complete the following alterations to the Gazebo within one year of the effective date of this Agreement:

The stage that adjoins the front of the Gazebo is 13 1/2 inches above the ground surface, and the floor of the Gazebo is 2 inches above the finish floor of the stage, which makes both of them inaccessible to a person using a wheel chair. Establish a procedure for providing access to the stage or install a ramp or platform lift in compliance with the Standards. §§ 4.33.5, 4.3.8, 4.8, 4.11. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances.

34. CABANAS

The Town shall complete the following alterations to the Cabanas within one year of the effective date of this Agreement:

The ramp to the accessible raised Cabanas has handrails that do not comply with the Standards. Provide handrails that comply with the Standards. §§ 4.8.5, 4.26.2, Fig.39.


IMPLEMENTATION AND ENFORCEMENT

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

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

37. 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 Town 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 Town, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

38. 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.

39. In the event that the Town fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the Town.

40. 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 Town or the Department on request.

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

42. 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 Town's continuing responsibility to comply with all aspects of the ADA.

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

44. The person signing for the Town of Narragansett represents that he is authorized to bind the Town to this Agreement.

For the Town:	For the United States:
________________________ MAURICE J. LOONTJENS, JR. Narragansett Town Manager Town Hall 25 Fifth Avenue Narragansett, RI 02882-3699 Date _________________________	WILLIAM R. YEOMANS, Acting Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN B. REILLY, Deputy Chief Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date _________________________

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October 2, 2001