PROJECT CIVIC ACCESS
AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
MONROE COUNTY, NEW YORK
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-53-111
BACKGROUND
SCOPE
OF THE INVESTIGATION
The United
States Department of Justice (Department) initiated this matter as a compliance
review of Monroe County, New York (the County) 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 County receives financial
assistance from the Department of Justice, the review was also conducted under
the authority of section 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 of the Department’s Civil Rights
Division and focused on the County’s compliance with the following title II
requirements:
C 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
regulation, 28 C.F.R. § 35.105;
C to
notify applicants, participants, beneficiaries, and other interested persons of
their rights and the County’s obligations under title II and the Department’s
regulation, 28 C.F.R. § 35.106;
C to
designate a responsible employee to coordinate its efforts to comply with and
carry out the County’s ADA responsibilities, 28 C.F.R. § 35.107(a);
C to
establish a grievance procedure for resolving complaints of violations of title
II, 28 C.F.R. § 35.107(b);
C 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:
C 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,
C physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
C 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;
C 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;
C to
provide direct access via TTY (text telephone) or computer-to-telephone
emergency services, including 9-1-1 services, for persons who use TTY’s and
computer modems, 28 C.F.R. § 35.162;
C to
provide information for interested persons with disabilities concerning the
existence and location of the County’s accessible services, activities, and
facilities, 28 C.F.R. § 35.163(a); and
C 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).
As part of
its compliance review, the Department reviewed the following facilities, which – because construction or alterations
commenced after January 26, 1992 – must comply with the ADA’s new construction
or alterations requirements:
Public Safety Training Center
Sheriff - Zone A
Park - Black Creek
The Hall of Justice
Ebenezer Watts
Public Safety Plaza
Crime Victims’ Center
County Office Building
Health & Social Services -
Health & Social Services
Health & Social Services -
Veterans’ Building
Ontario Beach Park
Durand Eastman Park
Ellison Park
Greece Canal Park
Mendon Ponds Park
Webster Park
Seneca Park
The
Department’s program access review covered those of the County’s programs,
services, and activities that operate in the following facilities:
Children’s Detention Center
Medical Examiner - Environmental
Health Lab
County Correctional Facility
Churchville Park
Northampton Park
Appellate Court
City Place
Bullshead Health Department
Health and Social Services
Public Defender’s Office
Public Safety, Wegman Building
License Bureau - Ridge Crest Plaza
License Bureau - Suburban Plaza
Sheriff - Zone B
Sheriff - Zone C
The
Department conducted a program access review of the following polling places:
Town of Brighton - Indian Landing
School
Town of Chili - Chili Community
Center
Town of Clarkson - Clarkson Town
Hall
Town of Gates - Gates Town Hall
Town of Greece - St. John’s Parish
Center
Town of Hamlin - Hamlin Town Hall
Town of Henrietta - Henrietta Town
Hall
Town of Irondequoit - Helen McGraw
Public Library
Town of Mendon - Mendon Community
Center/American Legion Hall
Town of Ogden - William Munn
School
Town of Parma - Parma Town Hall
Town of Penfield - Penfield Town
Hall
Town of Perinton - Church of the
Assumption of Our Lady
Town of Pittsford - Pittsford
Middle School
Town of Riga - Riga Town Hall
City of Rochester - Monroe County
Water Authority
Town of Rush - Rush Town Hall
Town of Sweden - Sweden Municipal
Building
Town of Webster - Webster Town
Hall
Town of Wheatland - Wheatland
Chili High School
This review of polling places was limited to the areas of
the facilities used by the voting public: parking, the route from the parking
area to the area used for voting, and the area used for voting.
The
Department also conducted a program access review of the following facilities
that are designated as emergency shelters:
The County represents that it does
not own nor operate any facilities that serves as Emergency Shelters within the
County.
This review was limited to the areas of the facilities used
by members of the public during an emergency: parking, the route from the
parking area to the area used as a shelter, the area used as a shelter, and
toilet facilities serving that area.
The
Department reviewed the County’s policies and procedures regarding voting, emergency
management and disaster prevention, and sidewalk maintenance to evaluate
whether persons with disabilities have an equal opportunity to utilize these
programs.
Finally,
the Department reviewed the policies and procedures of the County Sheriff’s Department
regarding providing effective communication to persons who are deaf or
hard-of-hearing.
JURISDICTION
1. The ADA applies to the County 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 determine the compliance of the County with title
II of the ADA and the Department's title II implementing 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 determine the County’s compliance with section
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 and 42.108-110, to suspend or
terminate financial assistance to the County 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.
4. The parties to this Agreement are the
United States of America and the Monroe County, New York.
5. In order to avoid the burdens and
expenses of an investigation and possible litigation, the parties enter into
this Agreement.
6. In consideration of, and consistent
with, the terms of this Agreement, the Attorney General agrees to refrain from
filing a civil suit in this matter regarding all matters contained within this
Agreement, except as provided in the section entitled “Implementation and
Enforcement.”
ACTIONS TAKEN BY THE COUNTY
7. Before the Department’s compliance
review, the County, on its own initiative, took the following actions and has
agreed to continue doing so:
A. Monroe County indicates that between
1992 and the present it has spent $6,606,275 on retrofitting its buildings and
sites, including the addition of new accessible features. In addition to this figure, the County has
devoted $35,000,000 to renovate and retrofit the Monroe Community Hospital,
which provides long term care for citizens with multiple and severe
disabilities, an estimated 90% of whom use wheelchairs. The $6,606,275 figure also does not include
the $15,165,000 worth of numerous
projects in the County's parks system-a great deal of which involved
retrofitting, nor the upcoming $11 million Airport project which includes a
number of accessibility improvements.
B. The County has had an ADA awareness and
compliance training program in place since 1993, and trains approximately 600
employees each year in both the full range of accessible service provision
(including effective communications) and in the employment aspects of the
ADA. All new employees receive this
training within two weeks of their employment with the County. Court Deputies and Jail Deputies enrolled
in the Sheriff's Academy receive an additional component pertaining to the
special nature of their work in relating to their customers. All training includes a video based
component on the use of the "7-1-1" New York Relay System. Supervisors receive enhanced ADA training to
cover their additional responsibilities under the ADA. All training is conducted by the ADA
Manager.
C. As part of its public notice efforts the
County developed and has used since 1994 an ADA brochure entitled "Rights
and Opportunities for People with Disabilities", which details information
for both customers and employees regarding the County's compliance and
opportunities for reasonable accommodations.
It is made available to all customers and is given to every
employee. At intervals this brochure is
sent to many agencies which serve people with disabilities. It also includes the name and contact
information for the County's ADA Manager.
D. The County has constructed and opened a
new jail facility that contains many elements designed to meet the
accessibility needs of inmates who use a wheelchair or who have other
significant mobility limitations.
E. The County has a designated ADA Coordinator.
F. The County has several parks with
lodges, pavilions, and companion toilet rooms accessible to people with
disabilities. In addition, the County
has constructed a rare multi-sensory garden designed to be enjoyed by individuals
with disabilities. Natural sounds,
fragrant plantings, and plantings of tactile interest within easy reach help
individuals with a loss of hearing, or
a loss of sight, or those who use a
wheelchair or scooter to participate in the "park experience". The brochure at the entrance is offered in
writing and in Braille. The County has
also purchased several rolling "dune chairs" for Ontario Beach Park
which allow wheelchair users to join friends and family on the sandy beach, and
to enter the water far enough to get wet.
This park also has one of the first fully accessible Carousels in the
country.
G. The County commenced and completed the
“Sidewalk Curb Ramp Improvement Project” to ensure that the 650 miles of public
rights of way are accessible to people with disabilities. The County continues to address citizens’
concerns and work with local municipalities to remedy these concerns. The County will continue its practice of
communication with and soliciting responses from the community and will work
appropriately with the municipalities in question. Although the County does NOT generally construct, own, or
maintain any sidewalks or curb ramps, Monroe County did as a one-time
initiative on behalf of its local municipalities survey the County and correct
or construct approximately 2000 curb ramps throughout the County, on its own
right of ways and where they intersected with a right of way belonging to a
local municipality. The County had
secured federal funding for this project, and thus completed this work on
behalf of the local municipalities, as the County does not own or maintain
sidewalks and curb ramps. At the completion of this one-time project compliance
throughout the County was achieved, and since then local municipalities have
been and are responsible for installing and repairing all curb ramps and
sidewalks within their jurisdiction.
The County includes the construction or replacement of compliant curb
ramps as part of the plans for its capital improvement projects and all other
Monroe County right of way projects, but the actual responsibility for this
portion of the capital projects lies with the local municipalities. The County has submitted its "Highway
Access Guidelines" as documentation of this policy.
H. The County has adopted the attached
Notice (Attachment A); distributed it to all agency heads; published the Notice
in a local newspaper of general circulation serving the County; posted the
Notice on its Internet Home Page; and posted copies in conspicuous locations in
its public buildings an appropriate Notice of ADA Rights and has posted it
prominently throughout its facilities.
I. The County has adopted the attached
ADA Grievance Procedure (Attachment B), distributed it to all agency heads, and
has posted copies of it in conspicuous locations in each of its public
buildings.
J. The County maintains a contract with
one or more local qualified oral/sign language interpreter agencies to ensure
that the interpreting services is available on a priority basis, twenty-four
hours per day, seven days a week, to its sheriff department or makes other
appropriate arrangements (such as contracting directly with or hiring qualified
interpreters).
K. The County has developed the Monroe
County Statement on Effective Communication with People Who are Deaf or Hard of
Hearing [Attachment C] and has distributed it to all sheriff department
officers the Sheriff’s Department Policy
on Effective Communication [Attachment D].
L. The County maintains that it has
adopted employment policies which comply with the regulations of the U.S. Equal
Employment Opportunity Commission implementing title I of the Americans with
Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. The policies provide, inter alia, that the County:
C does not discriminate on the basis of disability in its hiring or employment practices.
C does 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.
C 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 County’s business. If an applicant or an employee requests a reasonable accommodation and the individual's disability and need for the accommodation are not readily apparent or otherwise known, the County may ask the individual for information necessary to determine if the individual has a disability-related need for the accommodation.
C will maintain any employee’s medical records separate from personnel files and keep them confidential.
C will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
M. The County implemented “Project Prepare,”
an initiative and contract with the National Weather Service to access their
national infrastructure with local civil emergencies. This system allows for the use of strobe lights or other
appliances to alert persons who are deaf or hard of hearing in the event of an
emergency.
N. Most County departments have sign
language service contracts and the remaining departments contract for this
service on a per diem basis.
REMEDIAL ACTION
NOTIFICATION
8. Within one year of the effective date
of this Agreement, and on yearly anniversaries of this Agreement until it
expires, the County will implement and report to the Department its written
procedures for providing information for interested persons with disabilities
concerning the existence and location of the County’s accessible programs,
services, and activities.
GENERAL
EFFECTIVE COMMUNICATION PROVISIONS
9. Within six months of the effective date
of this Agreement, the County will identify sources of qualified sign language
and oral interpreters, real-time transcription services, and vendors that can
put documents in Braille, and will implement and report to the Department its
written procedures, with time frames, for fulfilling requests from the public
for sign language or oral interpreters, real-time transcription services, and
documents in alternate formats (Braille, large print, cassette tapes, etc.).
9-1-1
10. The County currently ensures that each
9-1-1 call station is equipped with a TTY or computer equivalent and will
continue to do so.
11. The County has developed procedures for
answering 9-1-1 calls that include training all call takers to use a TTY to
take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and
respond by TTY, and to ensure that TTY calls are answered as quickly as other
calls received and it will continue to do so.
12. The County currently monitors its
incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately
as other calls received and will continue to do so and it will continue to do
so.
13. The County incorporates correct TTY
call-taking procedures into 9-1-1 call takers’ performance evaluations and its
personnel policies include written disciplinary procedures for call takers who
fail to perform TTY call-taking consistent with the training and procedures and
it will continue to do so.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
14. Within six months of the effective date
of this Agreement, the County will ensure that each sheriff station or
substation is equipped with a working TTY to enable persons who are deaf, hard
of hearing, or who have speech impairments to make outgoing telephone calls. The Monroe County jail and detention center
are already equipped with a working TTY. Where inmate telephone calls are
time-limited, the County has already adopted policies permitting inmates who
use TTY’s a longer period of time to make those calls, due to the slower nature
of TTY communications compared with voice communications.
VOTING
15. Some of the County polling places may be
owned or operated by other public entities subject to title II or by public
accommodations subject to title III and, as such, would be subject to the
obligation to provide program access or to remove barriers to accessibility
under the ADA. This Agreement does not
limit such future enforcement action against the owners or operators of these
polling places by any person or entity, including the Department.
16. Within one month of the effective date of
this Agreement, the County will request in writing that each of the owners and
operators of the polling places listed in Attachment E below will remove the
noted barriers to access for persons with disabilities and the County will
distribute to them the Department’s ADA Checklist for Polling Places
(www.ada.gov/votingck.htm). The request
will specify that the remediation be completed within one year of the effective
date of this Agreement. The County will
simultaneously send a courtesy copy of the request to the Department.
17. Within 14 months of the effective date of
this Agreement, the County will survey all facilities mentioned in
Attachment E
to determine whether the actions requested by the County have been
implemented. If not, for each polling
place that still contains inaccessible parking, exterior route, entrance, or
interior route to the voting area, the County will identify within 18 months of
the effective date of this Agreement an alternate location where these elements
are accessible. That identification
will utilize the survey instrument that appears as
Attachment F to this
Agreement. The County will then take
immediate steps to change its polling place to the new location.
18. Until all polling places in each precinct
or voting district have accessible parking, exterior routes, entrances, and
interior routes to the voting area, prior to each election, the County will
continue to identify and widely publicize to the public and to persons with
disabilities and organizations serving them the most accessible polling
place(s) for each precinct or voting district.
19. The County will continue to provide
opportunities for same day balloting for voters with disabilities whose
assigned polling place does not have accessible parking, exterior route,
entrance, and interior route to the voting area to vote at an accessible
location. The method for providing
these opportunities may include allowing the individual to vote at another
nearby location that is accessible, picked up by election officials at the home
of the voter on the same day as the election, provide curbside voting at the
inaccessible polling place, or any other method that ensures that voters with
disabilities have the same degree of information available to them when casting
their ballots as others.
20. By the first election in 2006, the County
will develop and implement a way for persons who are blind or have low vision
to vote independently and privately, whether through ballots and instructions
in alternate formats (in-person and absentee), Braille templates and audio
instructions, the provision of accessible voting machines, or some other
method.
21. Within twenty four months of the
effective date of this Agreement, the County will survey its voter registration
locations for accessibility to persons with disabilities by using the form
provided at Attachment F and will report the results of this survey to the
Department. If barriers to access are
identified, the County will implement and report the Department its plan to
provide program access, which may include allowing persons to register to vote
through alternative means or at alternative locations.
22. Within nine months of the effective date
of this Agreement, the County will make all voter registration materials
available in alternate formats, including Braille, large print, audio tape, and
computer disk.
23. Starting three months from the effective
date of this Agreement, when the County purchases or otherwise acquires new
voting machines, one such newly-acquired machine per polling location will be
the most accessible model for persons with disabilities (including those with
mobility and vision impairments) that has been approved for County use by the
applicable governing authority (e.g., State Secretary of Elections or other
such official).
24. Starting three months from the effective
date of this Agreement, when setting up its voting equipment, the County will
ensure that the equipment’s accessibility to persons with disabilities is
maximized, such as setting up table-top equipment on accessible tables and
within the reach ranges required by the Standards, as shown in
Attachment F.
25. On a yearly basis, for the duration of
this Agreement, the County will continue to train poll workers on the rights of
people with disabilities and the practical aspects of assuring those
rights. The training covers, at
minimum, the need to maintain the physical accessibility of polling locations;
how to assist people with disabilities, as necessary; and how to operate any
non-standard voting equipment or accessible features of standard equipment
(particularly new, accessible equipment).
EMERGENCY
MANAGEMENT PROCEDURES AND POLICIES
26. If the County contracts with another
entity, such as the American Red Cross or another local government, to provide
its emergency preparedness plans and emergency response services, the County
will ensure that the other entity complies with the following provisions on its
behalf.
27. Within six months of the effective date
of this Agreement, the County will implement and report to the Department its
written procedures that ensure that it regularly solicits and incorporates
input from persons with a variety of disabilities and those who serve them
regarding all phases of its emergency management plan (preparation,
notification, response, and clean up).
28. Within nine months of the effective date
of this agreement, the County will implement and report to the Department its
written procedures that ensure that its community evacuation plans enable those
who have mobility impairments, vision impairments, hearing impairments,
cognitive disabilities, mental illness, or other disabilities to safely
self-evacuate or be evacuated by others.
Some communities are instituting voluntary, confidential registries of
persons with disabilities who may need individualized evacuation assistance or
notification. If the County adopts or
maintains such a registry, its report to the Department will discuss its
procedures for ensuring voluntariness, appropriate confidentiality controls,
and how the registry will be kept updated, as well as its outreach plan to
inform persons with disabilities of its availability. Whether or not a registry is used, the County plan should address
accessible transportation needs for persons with disabilities.
29. For the duration of this Agreement, the
County will continue to implement and report to the Department its written
procedures that ensure that if its emergency warning systems use sirens or
other audible alerts, it will also provide ways to inform persons with hearing
impairments of an impending disaster.
The use of auto-dialed TTY messages to pre-registered individuals who
are deaf or hard of hearing, text messaging, e-mails, open-captioning on local
TV stations and other innovative uses of technology may be incorporated into
such procedures, as well as lower-tech options such as dispatching qualified
sign language interpreters to assist with emergency TV broadcasts.
30. Within six months of the effective date
of this Agreement, the County will implement and report to the Department its
written procedures that ensure that at least one emergency shelter has a
back-up generator and a way to keep medications refrigerated (such as a
refrigerator or a cooler with ice).
Such shelter(s) will be made available to persons whose disabilities
require access to electricity and refrigeration, for example, for using
life-sustaining medical devices, providing power to motorized wheelchairs, and
preserving certain medications, such as insulin, that require
refrigeration. The written procedures
will include a plan for notifying persons of the location of such shelter(s).
31. Within six months of the effective date
of this Agreement, the County will implement and report to the Department its
written procedures that ensure that persons who use service animals are not
separated from their service animals when sheltering during an emergency, even
if pets are normally prohibited in shelters.
The procedures will not unnecessarily segregate persons who use service
animals from others but may take into account the potential presence of persons
who, for safety or health reasons, should not be in contact with certain types
of animals.
32. Some of the County’s emergency shelters
may be owned or operated by other public entities subject to title II or by
public accommodations subject to title III and, as such, are subject to the
obligation to provide program access or remove barriers to accessibility under
the ADA. This Agreement does not limit
such future enforcement action against the owners or operators of these
facilities by any person or entity, including the Department.
33. To the extent that the County provides
opportunities for post-emergency temporary housing to its residents, within six
months of the effective date of this Agreement, it will develop, implement, and
report to the Department its plans for providing equivalent opportunities for
accessible post-emergency temporary housing to persons with disabilities. Within one year of the effective date of
this Agreement, the County will ensure that information it makes available
regarding temporary housing includes information on accessible housing (such as
accessible hotel rooms within the community or in nearby communities) that
could be used if people with disabilities cannot immediately return home after
a disaster if, for instance, necessary accessible features such as ramps or
electrical systems have been compromised.
WEB-BASED
SERVICES AND PROGRAMS
34. Within 1 month of the effective date of
this Agreement, and on subsequent anniversaries of the effective date of this
Agreement, the County will distribute to all persons – employees and
contractors – who design, develop, maintain, or otherwise have responsibility
for content and format of its website(s) or third party websites used by the
County (Internet Personnel) the technical assistance document, “Accessibility
of State and Local Government Websites to People with Disabilities,” which is
Attachment H to this Agreement (it is also available at
www.ada.gov/websites2.htm).
35. Within one year of the effective date of
this Agreement, and throughout the life of the Agreement, the County will do
the following:
A. Establish, implement, and post online a
policy that its web pages will be accessible and create a process for
implementation;
B. Ensure that all new and modified web
pages and content are accessible;
C. Develop and implement a plan for making
existing web content more accessible;
D. Provide a way for online visitors to
request accessible information or services by posting a telephone number or
e-mail address on its home page; and
E. Periodically (at least annually) enlist
persons with disabilities to test its pages for ease of use.
PHYSICAL
CHANGES TO FACILITIES
36. The elements or features of the County’s
facilities that do not comply with the Standards, including those listed in
Attachments I, J, K, and L, prevent some persons with disabilities from fully
and equally enjoying the County’s services, programs, or activities and
constitute discrimination on the basis of disability within the meaning of 42
U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
37. The County will comply with the cited
provisions of the Standards when taking the actions required by this Agreement.
38. Within one year of the effective date of
this Agreement, the County will install signage as necessary to comply with 28
C.F.R. § 35.163(b), after having surveyed all facilities that are the subject
of this Agreement for the purpose of identifying those that have multiple entrances
not all of which are accessible.
39. Newly Constructed Facilities: In order to ensure that the spaces and
elements in County facilities for which construction was commenced after
January 26, 1992, are readily accessible to and usable by persons with
disabilities, the County will take the actions listed in
Attachment I.
40. Altered Facilities: In order to ensure that the spaces and
elements in County facilities for which alterations commenced after January 26,
1992, are readily accessible to and usable by persons with disabilities, the
County will take the actions listed in Attachment J.
41. Program Access in County Existing
Facilities: In order to ensure that
each of the County’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 County will
take the actions listed in Attachment K.
PROGRAM MODIFICATIONS
42. Access to County Programs Housed in
Others’ Facilities: In order to
ensure that the County’s programs, services, and activities that are the
subject of this Agreement and that are operated by the County at facilities
owned or controlled by other entities, when viewed in its entirety, are readily
accessible to and usable by persons with mobility impairments, the County will
take the actions listed in Attachment L.
MISCELLANEOUS
PROVISIONS
43. Except as otherwise specified in this
Agreement, at yearly anniversaries of the effective date of this Agreement
until it expires, the County will submit written reports to the Department
summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs
showing measurements, architectural plans, work orders, notices published in
the newspaper, copies of adopted policies, and proof of efforts to secure
funding/assistance for structural renovations or equipment.
44. Throughout the life of this Agreement,
consistent with 28 C.F.R. § 35.133(a), the County will maintain the
accessibility of its programs, activities, services, facilities, and equipment,
and will take whatever actions are necessary (such as routine testing of
accessibility equipment and routine accessibility audits of its programs and
facilities) to do so. This provision
does not prohibit isolated or temporary interruptions in service or access due
to maintenance or repairs. 28 C.F.R. §
35.133(b).
IMPLEMENTATION AND ENFORCEMENT
45. If at any time the County 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 will not be
unreasonably withheld or delayed.
46. The Department may review compliance with
this Agreement at any time. If the
Department believes that the County has failed to comply in a timely manner
with any requirement of this Agreement without obtaining sufficient advance
written agreement with the Department for a modification of the relevant terms,
the Department will so notify the County 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
County, it may institute a civil action in federal district court to enforce
the terms of this Agreement, or it may initiate appropriate steps to enforce
title II and section 504 of the Rehabilitation Act.
47. For purposes of the immediately preceding
paragraph, it is a violation of this Agreement for the County to fail to comply
in a timely manner with any of its requirements without obtaining sufficient
advance written agreement with the Department for an extension of the relevant
time frame imposed by the Agreement.
48. Failure by the Department to enforce this
entire Agreement or any provision thereof with regard to any deadline or any
other provision herein will not be construed as a waiver of the Department's
right to enforce other deadlines and provisions of this Agreement.
49. This Agreement is a public document. A copy of this document or any information
contained in it will be made available to any person by the County or the
Department on request.
50. 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
(including its Attachments, which are hereby incorporated by reference), will
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 County’s continuing responsibility to comply with all aspects of the
ADA and section 504 of the Rehabilitation Act.
51. This Agreement will remain in effect for four years.
52. The person signing for the County
represents that he or she is authorized to bind the County to this Agreement.
53. The effective date of this Agreement is
the date of the last signature below.
For the Monroe County, New York By:
____________________________ The Honorable Maggie Brooks, Monroe County Executive 110 County Office Building 39 West Main Street Rochester, New York 14614 Date: ___________________________ |
For the United States: BRADLEY J. SCHLOZMAN, Acting Assistant Attorney General for Civil
Rights By:_____________________________ JOHN L. WODATCH, Chief JEANINE WORDEN, Deputy Chief MARY LOU MOBLEY, Senior Counsel PAULA N. RUBIN, Investigator MARK MAZZ, Architect MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYA Washington, DC 20530 Date: ______________________________ |
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