SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF QUINCY, MASSACHUSETTS

DEPARTMENT OF JUSTICE NUMBER 204-36-144

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Settlement Agreement Department of Justice Press Releases

BACKGROUND

A. SCOPE OF THE INVESTIGATION

This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice (“Department”) against the City of Quincy, Massachusetts, (“City”). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleged that the City had failed to develop a transition plan so as to ensure that its programs, services, and activities are accessible to people with disabilities.

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

• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;
  
  
• to 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 City communicates by telephone, to communicate through a teletypewriter (“TTY”), 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 TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: New City Hall; Old City Hall; Atlantic Neighborhood Center; Beechwood Community Center; Squantum Fire Station- Community Center; Germantown Community Center; Manet Community Health Center; Department of Public Works; Police Headquarters; Parks and Recreation Headquarters; Merrymount Complex; Thomas Crane Library; North Quincy Library; Wollaston Library; Adams Shore Library; Quincy Mall. Construction or alterations commenced after January 26, 1992, on the following facilities and thus must comply with the ADA’s new construction or alterations requirements: Thomas Crane Public Library (New Wing); Inspectional Services Department.

B. JURISDICTION

1. The ADA applies to the City because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the City with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

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

REMEDIAL ACTION

4. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding ¶¶ 6-25 below except as provided in ¶¶ 28, 30.

5. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the 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.

A. POLICIES AND PROCEDURES

6. Within 60 days of the effective date of this Agreement, the City will adopt the attached notice (Attachment A); distribute it to all department/division heads; publish the Notice in a local newspaper of general circulation serving the City; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

7. Within 60 days of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Procedure, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request

B. CITY COMMUNICATION

8. Within 60 days of the effective date of this Agreement, the City will identify sources of qualified sign language interpreters and vendors that Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.)

9. The City will publicize its central TTY telephone number and the Massachusetts Relay Service TTY number on the same basis as its voice number, through their inclusion on City letterhead that is ordered, City publications that appear, and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TTY number functions as a TTY number for all City offices, and will be reiterated in subsequent publications and local telephone book editions for the life of this Agreement.

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

11. The Township will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Massachusetts Relay Service to make and receive calls, and that the TTY is maintained in good working order through test calls every six months for the life of this Agreement.

12. Within 270 days of the effective date of this Agreement, the City 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).

13. Within 21/2 years of the effective date of this Agreement, the City will develop a method for providing information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and services and submit its proposal to the Department in writing. The proposal, as approved by the Department, will be implemented no later than three years from the effective date of the Agreement.

C. PHYSICAL CHANGES

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

14. The City will make the following modifications to the New Wing of the Thomas Crane Public Library within one year of the effective date of this Agreement:

All Floors

a. There are drinking fountains that are accessible to people who use wheelchairs but none is accessible to people who have difficulty bending or stooping. Provide fountains at a standard height convenient to individuals who have difficulty bending. §§ 4.1.6(1)(b), 4.1.3(10)(a).

Ground Floors

b. The two van accessible parking spaces do not have signs designating them as accessible. Install signs at each space using the International Symbol of Accessibility, including “van-accessible”signs below the symbol of accessibility, located so that the signs cannot be obscured by a vehicle parked in the space.
§§ 4.6.1(1)(b), 4.1.2(5)(a), 4.6.4, 4.30.7(1).

c. The gripping surfaces of the handrails on the ramp to the Café are 33 1/2 inches above the ramp surface and there is 2 inches clear space between the handrail adjacent to the wall and the wall. Alter the handrails so that the space between the wall and handrail is 1 _ inches, and the tops of the gripping surfaces on the handrails are 34 - 38 inches above the ramp surface. §§ 4.6.1(1)(b), 4.1.3(1), 4.3.7, 4.8.5, 4.26.2.

d. Café Common Use Toilet Room

(1) The side grab bar extends 48 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.6.1(1)(b), 4.1.3(11), 4.22.4., 4.16.4 & Fig. 29(b).

(2) The height of the lavatory provides a clearance of 28 inches from the finish floor to the bottom of the apron, and a knee clearance that is 25 inches from the finish floor to the bottom of the bowl and is 6 inches deep. Provide a lavatory that has a clearance of at least 29 inches above the finish floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finish floor. §§ 4.6.1(1)(b), 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

e. The hoistway entrances of the elevator near the Café have signs on both jambs that are mounted 61 1/2 inches from the finish floor to the centerline of their characters. Provide signs that are 60 inches from the finish floor to the centerline of their characters. §§ 4.6.1(1)(b), 4.1.3(5), 4.10.5.

f. Men’s and Women’s Toilet Rooms (applies to both)

(1) The side grab bar extends 48 1/2 - 49 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.6.1(1)(b), 4.1.3(11), 4.22.4., 4.16.4 & Fig. 29(b).

g. The meeting room is equipped with an assistive listening system but has no sign alerting patrons to its availability. Install a sign indicating the availability of a listening system. §§ 4.6.1(1)(b), 4.1.3(19)(b), 4.30.7(4).

h. The hoistway entrances of the elevator near the Children’s Room have signs on both jambs that are mounted 61 1/2 inches from the finish floor to the centerline of their characters. Provide signs that are 60 inches from the finish floor to the centerline of their characters. §§ 4.6.1(1)(b), 4.1.3(5), 4.10.5.

First Floor

i. Men’s and Women’s Toilet Rooms (applies to both)

(1) The entry door to each room has a 47- 48 inch deep maneuvering clearance on the pull side. Reverse the door so that one exits the room by pushing the door and provide a minimum 60 inch maneuvering clearance on the opposite pull side of the door, or provide an automatic door opener.
§§ 4.6.1(1)(b), 4.1.3(11), 4.22.2, 4.13.6 & Fig. 25(a).

Second Floor

j. Women’s Toilet Room

(1) The height of the lavatory in the women’s toilet room provides a clearance of 27 1/2 inches from the finish floor to the bottom of the apron, and a knee clearance that is 24 1/2 inches from the finish floor to the bottom of the bowl and is 6 inches deep. Provide a lavatory that has a clearance of at least 29 inches above the finish floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finish floor. §§ 4.6.1(1)(b), 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31

15. The City will make the following modifications to the Inspectional Services Department in Quincy Mall within 180 days of the effective date of this Agreement:

a. Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(1) The entry door to the women’s room has a 36 1/2 inch deep maneuvering clearance on the exterior push side, due to cabinets lining the hallway outside this door. Remove the cabinets so as to provide a minimum 48 inch deep maneuvering space on the exterior push side of this door.
§§ 4.6.1(1)(b), 4.1.3(11), 4.22.2, 4.13.6 & Fig. 25(a).

(2) The side grab bar extends 48 - 49 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.6.1(1)(b), 4.1.3(11), 4.22.4., 4.16.4 & Fig. 29(b).

In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions.

16. The City will make the following modifications to the New City Hall within 270 days of the effective date of this Agreement, except as otherwise indicated:

First Floor

a. The tops of the Tax Assessor’s and Payments service counters are 40 inches above the finish floor. Provide counters that are at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

b. The elevators do not indicate audibly the direction in which each car is moving. Install audible signals at each hoistway entrance that sound once for the up direction and twice for the down direction, or install verbal annunciators that say “up” or “down.” § 4.10.4.

Second Floor

c. None of the conference room tables is accessible to persons who use wheelchairs because the knee space is 8 inches deep. Provide a writing surface that can be used by persons who use wheelchairs. See §§ 4.32.3, 4.32.4.

d. Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(1) The toilet room identification sign is mounted in the wrong location and does not have raised letters or Braille. Provide a sign using raised letters 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 finish floor 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)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The side grab bar in the designated accessible stall extends 40 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.22.4, 4.17.6 & Fig. 30(d).

(3) The space between the wall and the rear and side grab bars is 3 inches. Provide a rear and side grab bar so that the space between the wall and the bar is exactly 1 1/2 inches. §§ 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

(4) The toilet paper dispenser in the designated accessible stall in the men’s toilet room is located 41 inches from the back wall. Remount the dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. §§ 4.22.4, 4.17.3 & Fig. 30(d).

(5) The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist. §§ 4.22.6, 4.19.5, 4.27.4.

(6) The height of the lavatory provides a knee clearance that is 251/2 inches from the finish floor to the bottom of the bowl and is 4 inches deep. Within one year of the effective date of this Agreement, provide a lavatory that has a knee clearance that is at least 8 inches deep and 27 inches above the finish floor. §§ 4.22.6, 4.19.2 & Fig. 31.

(7) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. §§ 4.22.6, 4.19.4.

(8) The highest operable part of the paper towel dispenser is 58 1/2inches above the finish floor, and there is a trash can in the men’s toilet room that blocks access to the paper towel dispenser. Provide a dispenser so that the highest operable part is no more than 54 inches above the finish floor for a side reach or, if that is not available, no higher than 48 inches for a forward reach. Remove or reposition the trash can to provide clear floor space at the paper towel dispenser in the men’s room. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6; 4.27.2, 4.2.4.

(9) The door coat hook in the women’s designated accessible stall is 67 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or, if that is not available, no more than 48 inches above the finish floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.

Third Floor

e. There are double leaf, glass doors to the Mayor’s Office; each has a clear opening width of 261/2inches and requires 9 pounds of force to open. Within one year of the effective date of this Agreement, provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, and adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.13.4, 4.13.5, 4.13.11(2)(b).

f. None of the conference room tables in the Planning Department is accessible to persons who use wheelchairs because the knee space is 8 inches deep. Provide a writing surface that can be used by persons who use wheelchairs. See §§ 4.32.3, 4.32.4.

g. The top of the Personnel Office’s service counters are 421/2 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

Second and Third Floors

h. The doors to offices open to the public (e.g., Planning Department, Purchasing Department, Solicitor’s Office) are at the end of alcoves and lack the minimum 18 inch maneuvering clearance on the pull side. Provide automatic door openers; leave these doors open during business hours; or install buzzers so that persons in wheelchairs may receive assistance in entering. §§ 4.13.6 & Fig. 25(a).

17. The City will make the following modifications to the Old City Hall within one year of the effective date of this Agreement:

a. The handrails on the lower and upper interior ramps connecting the New and Old City Halls do not comply with the Standards, because a person with a mobility impairment cannot grip their oblong shape and the space between the handrails and walls exceeds 1 1/2inches. Provide handrails that have a gripping surface of1 1/4 - 1 1/2 inches in diameter, or a shape that provides an equivalent gripping surface, and that are mounted so that that the space between the wall and the handrails is exactly 1 1/2 inches. § 4.26.2 & Fig. 39.

b. The Council Chambers is equipped with an assistive listening system but has no sign alerting patrons to its availability. Install a sign indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30.7(4).

c. The tops of the Licences, Registration, and Clerk’s service counters are 39 1/2 - 46 inches above the finish floor. Provide counters that are at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

d. There are no handrails on the exterior entrance ramp. Install handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, have ends that are rounded or returned to the floor, wall, or post, and otherwise comply with the Standards. §§ 4.3.7, 4.8.5, 4.26.

18. The City will make the following modifications to the specified Neighborhood Centers within three years of the effective date of this Agreement:

Atlantic Neighborhood Center

a. The men’s and women’s toilet rooms are not accessible to persons who have mobility impairments. The City is planning to move the Center to a new location. The City will ensure that the facility chosen to house the Atlantic Neighborhood Center complies with the ADA Standards for Accessible Design.

Beechwood Community Center

b. Two designated accessible parking spaces are provided, but they lack aisles and neither is van accessible. Re-stripe the spaces to provide 96 inch wide parking spaces and at least one van-accessible parking space served by an access aisle at least 96 inches wide, and install an additional “van-accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

c. The ramp from the parking lot to the accessible entrance has an abrupt change in level greater than 1/2 inch as it meets the lot. Alter the ramp so that the change in level is no greater than 1/4 inch or up to 1/2 inch and beveled with a slope no greater than 1:2. §§ 4.3.8, 4.8.6, 4.5.2.

d. There are double leaf interior hallway doors; each has a clear opening width of 30 inches and requires 15 pounds of force to open. Provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, and adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.13.4, 4.13.5, 4.13.11(2)(b).

e. Unisex Accessible Toilet Room

(1) The accessible, permanent room identification sign is mounted on the door. Provide a sign on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. § 4.30.6.

(2) The side grab bar extends 51 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.22.4., 4.16.4 & Fig. 29(b).

Squantum Fire Station - Community Center

f. The interior ramp from the entrance door to the floor of the room has a slope of 1:6 (rise:run) and no handrails. Remove the ramp and replace it with one that has a slope no greater than 1:12 and handrails that comply with the Standards, or with stairs and a wheelchair lift that comply with the Standards. §§ 4.3.8, 4.8, 4.9, 4.11, 4.26.

g. Unisex Accessible Toilet Room

(1) The entrance door has knob hardware. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

(2) The entrance door has a 48 inch deep maneuvering clearance on the pull side, and would lack the minimum 60 inch maneuvering clearance on the opposite side if the swing of the door were reversed. Provide an automatic door opener. §§ 4.22.2, 4.13.6 & Fig. 25(a).

(3) The continuous side grab bar extends 42 inches from the back wall. Provide a side grab bar so that the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.22.4., 4.16.4 & Fig. 29(b).

(4) The mirror is mounted so that the bottom edge of the reflecting surface is 43 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.22.6, 4.19.6.

Germantown Community Center

The Center is housed in a facility owned by the Quincy Public Schools system, which has its own obligations under title II and section 504 of the Rehabilitation Act to ensure that its programs, services, and activities are readily accessible to and usable by persons with disabilities, and thus could be subject to an independent federal compliance review. This agreement does not limit such future enforcement action by any person or entity.

h. The route from the parking lot to the entrance door has a change in level greater than 1/2inch where it meets the sidewalk. Alter the route so that the change in level is no greater than 1/4 inch or up to 1/2 inch and beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2.

i. Entrance Door

(1) The entrance door has knob hardware. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

(2) The door lacks a 60 inch deep maneuvering clearance on the pull side and level ground space in this area. Alter the area to provide a 60 inch deep maneuvering clearance and level ground space in this area. 4.13.6 & Fig. 25(a).

j. There is no accessible toilet room in the Center (the rooms lack the required clear floor space and turning space), nor in the school (e.g., the doors to the toilet room in the teacher’s lounge and assistant principal’s office have a clear opening width of 27 inches). Create an accessible, unisex toilet room on an accessible route that complies with the Standards. §§ 4.1.6(3)(e)(i), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

The Center’s programs for seniors are held nearby at O’Brien Towers, owned by the Quincy Housing Authority, which has its own obligations under title II and section 504 of the Rehabilitation Act to ensure that its programs, services, and activities are readily accessible to and usable by persons with disabilities, and thus could be subject to an independent federal compliance review. This agreement does not limit such future enforcement action by any person or entity. Within 180 days of the effective date of this Agreement, the City will request the Quincy Housing Authority to complete the following modifications within three years of the effective date of this Agreement.

k. O’Brien Towers - Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(1) The toilet room identification sign is mounted in the wrong location and does not have raised letters or Braille. Provide a sign using raised letters 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 finish floor 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)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) There is an abrupt change in level greater than 1/2inch at the threshold to the 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. § 4.13.8.

(3) The side grab bar extends 48 1/2 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.22.4, 4.16.4 & Fig. 29(b).

(4) The toilet paper dispenser interferes with the use of the side grab bar. Remount the toilet paper dispenser so that it is beneath the side grab bar, does not interfere with its use, and complies with the Standards.
§§ 4.22.4, 4.16.6 & Fig. 29(b).

(5) The mirror is mounted so that the bottom edge of the reflecting surface is 42 1/2 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.22.6, 4.19.6.

(6) In the women’s toilet room, the soap dispenser is over the lavatory at a forward reach depth of 22 1/2inches and height of 40 1/2 inches; the knee clearance below the lavatory is 19 inches deep. Provide a soap dispenser that is within the reach ranges of a person who uses a wheelchair.
§§ 4.22.7, 4.27.3, 4.2.5 & Fig. 5, 4.2.6 & Fig. 6.

19. The City will make the following modifications to the Department of Public Works within three years of the effective date of this Agreement:

a. Two designated accessible parking spaces are provided, but they lack access aisles and neither is van accessible. They are also located some distance from the built-up curb ramp that forms part of the accessible route to the building entrance.

Establish two accessible parking spaces on the shortest accessible route to the building entrance. Provide 96 inch wide parking spaces and at least one van-accessible parking space served by an access aisle at least 96 inches wide, and install an additional “van-accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3 & Fig. 9, 4.6.4.

b. The built-up curb ramp from the parking lot to the sidewalk has a slope of 1:9 (rise:run), and is not flush where it meets the lot. Alter the ramp so that its slope is not greater than 1:12 and the transition between the ramp to the parking lot is flush and free of abrupt changes. §§ 4.3.8, 4.7.2.

c. The ramp to the entrance door has a slope of 1:9.4 (rise:run) and no handrails. Alter the ramp so that it has a slope no greater than 1:12 that ends in a level landing at least 60 inches long and wide enough to provide the required level maneuvering clearance for the door; and install handrails that comply with the Standards. §§ 4.3.8, 4.8, 4.13.6 & Fig. 25, 4.26.

d. The spout outlet height of the drinking fountain is 41 1/2 inches above the finish floor. Provide a fountain with a spout height no higher than 36 inches above the finish floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.

e. There is no accessible toilet room (e.g., the doors to the men’s and women’s toilet rooms have a clear opening width of 27 inches). Create an accessible, unisex toilet room on an accessible route that complies with the Standards.
§§ 4.1.6(3)(e)(i), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

f. The tops of the Engineering, Water & Sewer, and Public Works service counters are 43 inches above the finish floor. Provide counters that are at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs).
§ 7.2(2).

20. The City will make the following modifications to Police Headquarters within two years of the effective date of this Agreement:

a. Three designated accessible parking spaces are provided, but they lack aisles and none is van accessible. Re-stripe the spaces to provide 96 inch wide parking spaces and at least one van-accessible parking space served by an access aisle at least 96 inches wide, and install an additional “van-accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. There is a printed sign at the enclosed reception booth instructing visitors to ring a bell or use the house phone to call for assistance. Provide an accessible sign to that effect, indicating the location of the bell and telephone. Use raised letters and Braille and mount the sign on the wall adjacent to the latch side of the interior entrance door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. See §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. Holding Cell

No holding cell is accessible. The gate to each cell has a clear opening width of 26 1/2 inches and the water closet is free-standing and lacks grab bars.

(1) Alter the gate to at least one of the holding cells to provide a minimum clear width of 32 inches with the gate open 90 degrees. § 4.13.3, 4.13.5.

(2) Alter the water closet within the accessible cell to comply with the Standards. §§ 4.22.4, 4.16.

d. The tops of the Records Room and Reception service counters on the main floor, and of the Criminal service counter on the 3d floor, are 39- 40 inches above the finish floor. Provide counters that are at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

e. The highest operable part of the public telephone is 55 inches above the finish floor, but there is clear floor space for a front approach only. The highest operable part of the house phone is 63 inches above the finish floor. Provide a public telephone and a house telephone that are within the reach ranges of a person who uses a wheelchair. §§ 4.31..2, 4.31.3, 4.2.5, 4.2.6.

f. The Citizens’ Police Academy training room has no assistive listening system available. Install a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and a sign indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.33.6, 4.33.7, 4.30.7(4).

g. Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(1) The toilet room identification sign is mounted in the wrong location and does not have raised letters or Braille. Provide a sign using raised letters 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 finish floor 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)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The side grab bars extend 47 1/2 - 48 inches. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.22.4, 4.16.4 & Fig. 29(b).

(3) The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist. §§ 4.22.6, 4.19.5, 4.27.4.

(4) The height of the lavatory provides a knee clearance that is 24 1/2 inches from the finish floor to the bottom of the bowl and is 7-8 inches deep. Provide a lavatory that has a knee clearance that is at least 8 inches deep and 27 inches above the finish floor. §§ 4.22.6, 4.19.2 & Fig. 31.

(5) The coat hook is located 71 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach.
§§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

21. The City will make the following modifications to Parks and Recreation Headquarters within one year of the effective date of this Agreement:

a. There is no accessible parking space in the lot that serves the Headquarters building. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

b. Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(1) The toilet room identification sign is mounted in the wrong location and does not have raised letters or Braille. Provide a sign using raised letters 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 finish floor 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)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The side grab bar in the designated accessible stall in the men’s toilet room extends 43 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.22.4, 4.17.6 & Fig. 30(d).

(3) The space between the wall and the side grab bar in the designated accessible stall in the men’s toilet room is 2 1/2inches. Provide a side grab bar so that the space between the wall and the bar is exactly 1 1/2 inches.
§§ 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

(4) The rear grab bar in the designated accessible stall in the men’s toilet room is mounted 17 inches from the side wall. Reposition the bar with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.22.4, 4.17.3 & Fig. 30(a).

(5) The toilet paper dispenser in the designated accessible stall in the men’s toilet room is located 40 inches from the back wall. Remount the dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. §§ 4.22.4, 4.17.3 & Fig. 30(d).

(6) The height of the lavatory apron provides a clearance of 251/2 inches above the finish floor. Reposition or provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.22.6, 4.19.2 & Fig. 31.

(7) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. §§ 4.22.6, 4.19.4.

(8) The mirrors are mounted so that the bottom edges of the reflecting surface are 46 and 52 1/2 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.22.6, 4.19.6.

22. The City will make the following modifications to the Merrymount Complex within two years of the effective date of this Agreement:

Adams Field

a. There is no accessible parking space in the lot that serves Adams Field. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

b. There are two sets of bleachers served by paths of crushed gravel that end in grass. Establish spectator seating locations for wheelchairs that are firm, stable, and slip resistant in the area behind the backstop, and an accessible route from the accessible parking to these locations. §§ 4.1.2(2), 4.2, 4.3, 4.5.

Pageants Field

c. There is a designated accessible parking space in the lot that serves Pageants Field that lacks an access aisle, is not designated van accessible, and has a surface slope of 1:14.3 - 1:17 (rise:run). Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide with surface slopes not exceeding 1:50 in all directions, and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

d. There are two baseball fields in an area that is completely grass. Establish an accessible route from the accessible parking to each field and establish spectator seating locations for wheelchairs that are firm, stable, and slip resistant. §§ 4.1.2(2), 4.2, 4.3, 4.5.

e. There is no accessible route from the accessible parking space to the picnic pavilion which sits on an elevated concrete pad in an area that is otherwise completely grass. Establish an accessible route from the accessible parking space to the picnic pavilion; and alter the entrance to the pavilion so that there is no abrupt change in level greater than 1/4 inch, or greater than 1/2 inch if beveled with a slope no greater than 1:2, or install a ramp into the pavilion with a slope no greater than 1:12. §§ 4.1.2(2), 4.3, 4.5, 4.8.2.

f. The pavilion picnic tables are not accessible to persons who use wheelchairs. Provide one or more tables that has a surface 28 to 34 inches above the ground with knee space at least 27 inches high, 30 inches wide, and 19 inches deep, and that is situated in clear ground space. §§ 4.1.3(18), 4.32, 4.2.4.

g. Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(1) The toilet room identification sign is mounted in the wrong location and does not have raised letters or Braille. Provide a sign using raised letters 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 finish floor 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)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) There are no grab bars at the toilet area. Install grab bars that comply with the Standards. §§ 4.22.4, 4.17.3 & Fig. 30(a).

(3) The height of the lavatory provides a knee clearance that is 25 inches from the finish floor to the bottom of the bowl and is 4 inches deep. Provide a lavatory that has a knee clearance that is at least 8 inches deep and 27 inches above the finish floor. §§ 4.22.6, 4.19.2 & Fig. 31.

(4) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. §§ 4.22.6, 4.19.4.

Collins Park

h. There is no accessible parking space in the lot that serves Collins Park. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

i. There is no accessible route from the accessible parking space into the playground nor wheelchair locations; the ramp at the playground entrance has a slope that is 1:6 (rise:run); and the playground surface is sand. Establish an accessible route from the accessible parking space into the playground; alter the ramp so that its slope is no greater than 1:12; and establish wheelchair locations at the spectator seating that are firm, stable, and slip-resistant. §§ 4.1.2(2), 4.2, 4.3, 4.5, 4.8.2.

j. There are no wheelchair locations in the spectator seating at the two baseball fields. At Mitchell Field, near the parking area, establish spectator seating locations for wheelchairs that are firm, stable, and slip resistant. §§ 4.1.2(2), 4.2, 4.3, 4.5.

The Mount

k. There is no accessible parking space in the lot that serves The Mount. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

23. The City will make the following modifications to the specified branch libraries within one year of the effective date of this Agreement, except where otherwise noted. The City will publicize on its Internet Web Site within 60 days of the effective date of this Agreement, and in future editions of Library publications, that the Thomas Crane Library is the City’s facility that is fully accessible to people with disabilities.

North Quincy Library

a. A designated accessible parking space is provided, but it has no access aisle and is not van accessible. Establish a van-accessible parking space that is at least 96 inches wide served by an access aisle at least 96 inches wide, and install an additional “van-accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. The route from the accessible parking to the accessible entrance has a 1 inch change in level from the sidewalk to the concrete pad in front of the door, and a door threshold that is greater than 1/2 inch. Alter the accessible route so there is no abrupt change in level greater than 1/4 inch or greater than 1/2 inch and beveled with a slope no greater than 1:2. §§ 4.1.2(2), 4.3.8, 4.5.2.

c. The men’s and women’s toilet rooms are not accessible; the unisex, accessible toilet room is located in another room and is not identified. Install signs at the inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet room, and install a room identification sign at the latter that complies with the Standards. §§ 4.1.2(7)(d), 4.1.3(16), 4.30.

d. The side grab bar in the unisex, accessible toilet room extends 48 1/2 inches from the back wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall.
§§ 4.22.4, 4.16.4 & Fig. 29(b).

e. None of the library tables is accessible to persons who use wheelchairs because the knee clearance is 25 1/4 inches high. Provide a writing surface that can be used by persons who use wheelchairs. See §§ 4.32.3, 4.32.4.

f. The lower level of the library is served only by stairs, and most book stacks are beyond the reach range of an individual who uses a wheelchair. Within 60 days of the effective date of this Agreement, the City will post a conspicuous notice that staff are available to assist persons who use wheelchairs and will train staff on this policy, as appropriate.

g. The front entrance to the library is not accessible because the ramp handrails do not comply with the Standards and the door has double leaves, each of which has a clear opening width of only 27 inches. Install a sign at the inaccessible front entrance directing persons to the accessible rear entrance. §§ 4.1.2(7)(c), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

h. The after-hours book deposit slot is at the front, inaccessible entrance and is located more than 54 inches above the ground surface. Provide a slot in an accessible location that is within the reach ranges of someone who uses a wheelchair. §§ 4.27, 4.2.4, 4.2.5, 4.2.6.

Adams Shore Library

i. There is no designated accessible parking space in the parking lot in the rear of the library. Establish a van-accessible parking space that is at least 96 inches wide served by an access aisle at least 96 inches wide, and install an additional “van-accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

j. The front entrance to the library is not accessible because it can only be reached by stairs. Install a sign at the inaccessible front entrance directing persons to the accessible rear entrance; install a sign using the International Symbol of Accessibility to designate the rear entrance as accessible. §§ 4.1.2(7)(c),
4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1).

k. The walkway from the rear parking lot to the accessible rear entrance has a slope greater than 1:20 in some places and is, therefore, considered a ramp. Alter the ramp to comply with all requirements for ramps, including slope and rise, 60 inch minimum length landings at the bottom and top of each ramp, handrails, cross slope and surfaces, edge protection, and outdoor conditions. §§ 4.3.7, 4.8, 4.26.

24. The City will make the following modifications to the Manet Community Health Center within one year of the effective date of this Agreement:

a. There is a van-accessible parking space in the lot that serves the Center, but it is not designated as such. Install a sign designating the space as “van-accessible” that is mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

b. There is an abrupt 1/2 inch change in level at the threshold of the Center entrance door. Provide a door threshold that is no greater than 1/2inch and beveled with a slope no greater than 1:2. §§ 4.13.8, 4.5.2.

c. Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(1) There is an abrupt 1/2 inch change in level at the threshold of the entrance door. Provide a door threshold that is no greater than 1/2inch and beveled with a slope no greater than 1:2. §§ 4.22.2, 4.13.8, 4.5.2.

(2) The door coat hook in the designated accessible stall is located 66 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(3) The side grab bar in the designated accessible stall extends 47 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.22.4, 4.17.6 & Fig. 30(d).

(4) The space between the walls and the grab bars in the designated accessible stall is 2 3/4 inches. Provide grab bars so that the space between the walls and the bars is exactly 1 1/2 inches. §§ 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

(5) The toilet paper dispenser in the designated accessible stall is located
39 1/2 inches from the back wall. Remount the dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. §§ 4.22.4, 4.17.3 & Fig. 30(d).

(6) The rim of the urinal in the men’s room is 23 1/2 inches above the finish floor and the flush control is mounted 48 inches above the finish floor. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and a flush control no higher than 44 inches above the finish floor. §§ 4.22.5, 4.18.2, 4.18.4.

(7) The route from the accessible entrance of the women’s room into the room narrows to 29 inches due to the placement of a trash can. Establish and maintain an accessible route within the room that has a minimum clear width of at least 36 inches. §§ 4.22.3, 4.3.3.

25. The City will make the following modifications to the Quincy Mall within two years of the effective date of this Agreement:

The City leases space within the Quincy Mall to house several programs, activities, and services (Inspectional Services Department, Rent Grievance Board, Health Department, Asian Outreach Office). The Mall is a public accommodation under title III of the ADA with its own obligation to remove architectural barriers where that is readily achievable, and thus could be subject to an independent federal compliance review. This agreement does not limit such future enforcement action by any person or entity.

a. Entrance Doors

(1) The Hancock Street entrance to the Mall is not accessible because the floor space within the required maneuvering clearance of the vestibule door has a slope greater than 1:50. Install automatic or power-assisted exterior and vestibule doors, or install signs in conspicuous places directing persons to the accessible, second-floor entrance from the rear parking garage (see below). §§ 4.13.6 & Fig. 25(a); 4.1.2(7)(c), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

b. Parking and Rear Routes into the Mall

(1) There are roughly 300 spaces in the rear parking garage, and three designated accessible parking spaces. None of the spaces is van-accessible, the signs designating the spaces as reserved are mounted so low as to be obscured by a vehicle parked in the space, and one lacks an access aisle.

Alter the lot to provide the requisite number of designated accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6. If the second-floor rear entrance to the Mall will be the sole accessible entrance (see below), establish the accessible spaces on the second level of the garage.

Ground Route

(2) The ground floor walkway from the parking garage to the street crosswalk
has a slope of 1:11.4 and is, therefore, considered a ramp. Install handrails that comply with the Standards, or install signs in conspicuous places directing persons to the second-floor accessible parking and route into the Mall. §§ 4.1.2(1), 4.3.7, 4.8.5, 4.26; 4.1.2(7)(c), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

(3) The paved sidewalk in front of the rear plaza entrance to the Mall is cracked, uneven, roughly patched, and forms a curb ramp to the street that is not flush at the transition to the street. Provide an accessible route from the accessible parking to the rear Mall plaza entrance that is stable, firm, and slip resistant, and a curb ramp that is flush at the transition to the street. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2. 4.7.2.

Alternatively, install signs in conspicuous places directing persons to the second-floor accessible parking and route into the Mall. §§ 4.1.2(7)(c), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

(4) The first exterior ramp up the rear Mall plaza has a slope of 1:9.5 - 1:10 which exceeds the maximum allowable 1:12 slope for a ramp. Remove the ramp and replace it with one that has a slope no greater than 1:12.
§§ 4.1.2(1), 4.3.8, 4.8.2.

Alternatively, install signs in conspicuous places directing persons to the second-floor accessible parking and route into the Mall. §§ 4.1.2(7)(c), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

Elevated Route

(5) There is a built-up curb ramp on the second floor of the parking garage, leading from the accessible parking space to the elevated walkway into the Mall. The ramp is not flush at the transition to the garage floor. Alter the ramp so that the transition from the ramp to the garage floor is flush and free of abrupt changes. §§ 4.1.2(1), 4.3.8, 4.7.2.

(6) The elevated walkway from the parking garage to the first floor rear Mall entrance is a ramp with handrails that do not have continuous gripping surfaces and that have the top of the gripping surfaces mounted more than 38 inches above the ramp surface. Provide handrails that comply with the Standards. §§ 4.1.2(1), 4.3.8, 4.8.5.

c. Health Department

(1) Access to the lowered section of the service counter is blocked by a planter on the floor, and the counter itself appears to be used to store/display documents. Maintain an accessible route to the accessible counter and maintain the counter in a manner that is usable by persons with disabilities. § 7.2(2), 4.3.3.

(2) Men’s and Women’s Toilet Rooms (applies to both unless otherwise indicated)

(i) The continuous side grab bar extends 40 inches from the rear wall. Remount the continuous grab bar so that the end nearest the back wall of the side piece begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.22.4, 4.17.3 & Fig. 30(d).

(ii) The toilet paper dispensers are located 47 and 53 inches from the back walls. Remount the dispensers so that each is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. §§ 4.22.4, 4.17.3 & Fig. 30(d).

(iii) The mirror is mounted so that the bottom edge of the reflecting surface is 48 - 48 1/2 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.22.6, 4.19.6.

IMPLEMENTATION AND ENFORCEMENT

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

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

28. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

29. 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.

30. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

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

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

33. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.

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

35. The person signing for the City of Quincy represents that he or she is authorized to bind the City to this Agreement.

For the City:	For the United States:
__________________________ Joseph A. MacRitchie Acting City Solicitor City of Quincy 1305 Hancock Street Quincy,MA 02169 Date       11/22/02	RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY,Deputy Chief SUSAN G. QUINN, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Disability Rights Section-NYA Washington, DC 20530 Date       12/2/02

ATTACHMENT A

NOTICE
UNDER THE
AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Quincy (City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities.

The City does not discriminate on the basis of disability in its hiring or employment practices. The City will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The City will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City’s business. The City will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact Jonathan Y. Yip, ADA Coordinator, Office of Constituent Services, 1305 Hancock Street, Quincy, MA 02169 at 617-376-1500 (voice), 617-376-1375 (TTY) as far in advance as possible but no later than 48 hours before the scheduled event.

The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.


2002

ATTACHMENT B

City of Quincy
Grievance Procedure under
The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the City of Quincy.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Jonathan Y. Yip, ADA Coordinator
Office of Constituent Services
1305 Hancock Street, Quincy, MA 02169
617-376-1500 (voice), 617-376-1375 (TTY)

Within 15 calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Quincy and offer options for substantive resolution of the complaint.

If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA Coordinator within 15 calendar days after receipt of the response to the Mayor or his or her designee.

Within 15 calendar days after receipt of the appeal, the Mayor or his or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the Mayor or his or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by the ADA Coordinator, appeals to the Mayor or his or her designee, and responses from the ADA Coordinator and Mayor or his or her designee will be kept by City of Quincy for at least three years.

2002 ed.

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April 29, 2003