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HomeMy WebLinkAbout2004-R-21BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE IN THE STATE OF INDIANA RESOLUTION NO. 2004-R- ~-~ RESOLUTION RATIFYING SETTLEMENT AGREEMENT BETVVEEN THE UNITED STATES OF AMERICA AND JEFFERSONVILLE~ INDIANA UNDER THE AMERICANS WITH DISABILITIES ACT WHEREAS, the a complaint was 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 Jeffersonville, Indiana ("City"); WHEREAS, the complaint was received and investigated by the Department; WHEREAS, the complaint alleges that the City failed to provide an assisted listening device at City Council meetings and does not have an effective communication policy in place for the Jeffersonville Police Department; WHEREAS, the city receives financial assistance from the Department, the scope of the investigation was expanded to include the City's compliance with other provision of title II; WHEREAS, the Department performed an access review of the City's programs, services, and activities; WHEREAS, the Department has completed is review and provided the City with its findings and recommendations; WHEREAS, the City has reviewed the Department's findings and recommendations; WHERAEAS, the City and the Department have chosen to negotiate and secure a voluntary compliance agreement; WHEREAS, the City acknowledges that the Department is authorized under federal law to bring a civil action enforcing title II of the ADA should the Department fail to secure a voluntary compliance agreement; WHEREAS, the City Council, as the City's fiscal body under Indiana law, has determined it would be the best interests of the citizens of Jeffersonville and the taxpayers to enter into a secure voluntary compliance agreement; and WHEREAS, the City and the Department have negotiated the attached Settlement Agreement, NOW, THEREFORE, IT IS HEREBY RESOLVED that Settlement Agreement by and between the United States of Arnerica and the Jeffersonville, Indiana under the Americans with Disabilities Act dated the 2_ day of ~-'[ t i ~ .t.~{";, 2004 is hereby rate__its entirety. Approved and slgnei~~/ ~- , 2004. ATTEST: Peggy~/il._~ Clerk and Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville, Indiana this . ,2004. ~ day of Peggy CLerk and Treasurer ~/~,his Resolution approved z.~.~', 2004, , this . Robert L. Waiz/, Jr., Mayor City of Jeffersonville II dayof Prepared by: Leslie D. Merkley, City Attorney 3 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND JEFFERSONVILLE, INDIANA UNDER THE AMERICANS WITH DISABILITIES ACT DJ 204-26S-152 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 Jeffersonville, Indiana ("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 alleges that the City failed to provide an assisted listening device at City Council meetings and does not have an effective communication policy in place for the Jeffersonville Police Department. Because the City receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Deparmaent'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 conduct self-evaluations of their 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. 835.105; to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under Title II and the Department's regulation, 28 C.F.R. 835.!06; to designate a responsible employee to coordinate its efforts to comply with and carry out the City's ADA responsibilities, 28 C.F.R. § 35.107(a); to establish a grievance procedures 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 their entirety, they are readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by: delivering services, programs, or activities in alternate ways, such as, redesigning equipment, reassigning services, assigning aides, and undertaking home visits; and making physical changes to buildings, 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 commenced 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.i51; to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others by, among other things, furnishing auxiliary aids and services when necessary, 28 C.F.R. §35.160; to communicate through use of 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. i35.163(a); and to provide signage at all inaccessible entrances to its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b). The Department's program access review covered those of the City's programs, services, and activities that operate in the following facilities: Jeffersonville Police Department Parks and Recreation Department Animal Shelter City Parking Facilities Aquatic Center Meijers Field Page 2 of 12 Ellis Community Center Nachand Fieldhouse Warder Park City-County Building JURISDICTION 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. section 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. 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 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. sections 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. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1). The parties to this Agreement are the United States of America and the City of Jeffersonville, Indiana. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement. 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 CITY In 1992, the City conducted a self-evaluation to develop a transition plan to ensure that the programs offered at City facilities are readily accessible to and usable by individuals with mobility impairments. Following the self-evaluation, the City increased the number Page 3 of 12 of designated accessible parking spaces at City-owned buildings, installed curb ramps, and added a ramp to achieve accessibility at Warder Park. 8. The City has named an ADA Coordinator as part of its professional staff. The City has provided an electronic lift at the Aquatic Center swimming pool so that people with disabilities are able to enter and leave the pool. The City has also provided a roll-in slope into the "kiddie pool" so that people with mobility impairments can easily use the "kiddie pool". REMEDIAL ACTION NOTIF1CA TION 10. Within two months of the effective date of this Agreement, the City will adopt the attached Notice (Attachment A); distribute it to ail agency 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 this Agreement. Copies will also be provided to any person upon request. 11. Within three months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, the City 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 City's accessible programs, services, and activities. GRIEVANCE PROCEDURE 12. Within three months 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 each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request. GENERAL EFFECTIVE COMMUNICATION PROVISIONS 13. Within two months of the effective date of this Agreement, the City 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 Depamnent its written procedures, with time frames, for fulfilling requests from the public for interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.). Page 4 of 12 14. 15. 16. 17. 18. 19. 20. The City will publicize its central TTY telephone number on the same basis as its voice number, through its 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. Within two months of the effective date of this Agreement, the City will implement and report to the Department its 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 communicate with the caller on the same day in order to establish a time frame for the call-back. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Indiana Relay Service to make and receive calls and that its TTY's are maintained in good working order through test calls every six months for the life of this Agreement. LA [~ ENFORCEMENT AND EFFECTIVE COMMUNICATION Within two months of the effective date of this Agreement, the City will adapt for its own use and implement the Jeffersonville Police Department Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all police department officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D]. Within two months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters). Within one month of the effective date of this Agreement, the City will ensure that the police station 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. EMERGENCY MANAGEMENT PROCEDURES AND POLICIES If the City 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 City will ensure that the other entity complies with the following provisions on its behalf. Page 5 of 12 21. 22. 23. 24. 25. Within three months of the effective date of this Agreement, the City 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). Within three months of the effective date of this Agreement, the City 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 City 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 City plan should address accessible transportation needs for persons with disabilities. Within three months of the effective date of this Agreement, the City will 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 infonu 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. Within three months of the effective date of this Agreement, the City 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). Within three months of the effective date of this Agreement, the City 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 Page 6 of 12 26. 27. 28. 29. 30. 31. account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals. Some of the of the City'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. Within three months of the effective date of this Agreement, the City will survey its shelters to detenuine which shelters have parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter areas that comply with the Standards. Within six months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the City will identify and widely publicize to the public and to persons with disabilities and the organizations Cat serve them the most accessible emergency shelters. To the extent that the City provides opportunities for post-emergency temporary housing to its residents, within 3 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 City wiI1 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. SIDE WA LK$ Within three months of the effective date of this Agreement, the City will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations. Within three months of the effective date of this Agreement, the City will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Filling a pothole is not considered an alteration for the purposes of this Agreement. Within two years of Page 7 of 12 32. 33. 34. 35. 36. the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Beginning no later than three months after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Within three months of the effective date of this Agreement, the City will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within two years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway. Beginning no later than three months after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. WEB-BASED SERVICES AND PROGRAMS Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City 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 City (Internet Personnel) the technical assistance document, "Accessibility of State and Local Government Websites to People with Disabilities," which is Attachment E to this Agreement (it is also available at www.ada.~ov/websites2.htm). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; 2. Ensure that all new and modified web pages and content are accessible; 3. Develop and implement a plan for making existing web content more accessible; Page 8 of 12 37. 38. 39. 40. 41. 42. 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 Periodically (at least annually) enlist disability groups to test its pages for ease of nsc. PHYSICAL CHANGES TO FACILITIES The elements or features of the City's facilities that do not comply with the Standards, including those listed in Attachments F, G, H, and I, prevent persons with disabilities from fully and equally enjoying the City'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. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within three months of the effective date of this Agreement, the City 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment F within one year of the effective date of this Agreement. Altered Facilities: In order to ensure that 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 actions listed in Attachment G within eighteen months of the effective date of this Agreement. Program Access in City Existing Facilities: 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 actions listed in Attachment H within two years of the effective date of this Agreement. PROGRAM MODIFICATIONS 43. Access to City Programs Housed in Others' Facilities: In order to ensure that the City's programs, services, and activities that are the subject of this Agreement and that are operated by the City at facilities owned or controlled by other entities, when viewed in its Page 9 of 12 44. 45. 46. 47. entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment I. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the City will submit written reports to the Department summarizing the actions the City 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City 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). Within six months of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public. At the end of that period, the City will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer. IMPLEMENTATION AND ENFORCEMENT 48. 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 will not be unreasonably withheld or delayed. Page 10 of 12 49. 50. 51. 52. 53. The Department may review compliance with this Agreement at any time. If the Department believes that the City 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 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 to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City 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. 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. 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 City or the Department on request. 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 City's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 54. This Agreement will remain in effect for three years. Page 11 of 12 55. 56. The person signing for the City represents that he or she is authorized to bind the City to this Agreement. The effective date of this Agreement is the date of the last signature below. For the City of Jeffersonville: For the United States: R. ALEXANDER ACOSTA, Assistant Attorney General for Civil Rights By:. By: JOHN L. WODATCH, Chief JEAN1NE WORDEN, Deputy Chief MARY LOU MOBLEY, Special Projects Attorney JOSH MENDELSOHN, Supervisory Attorney 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: Date: Page 12 of 12 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 Jeffersonville, Indiana will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to peopl.e who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generalIy prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact Jerralyn Ellis, ADA Coordinator as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to Jerralyn Ellis at (812) 285-6405. 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. Attachment A to Settlement Agreement between the United States of America and Jeffersonville, Indiana in DJ# 204-26S-152. JEFFERSONVILLE, INDIANA Grievance Procedure under The Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act (ADA) of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City. The City's Personnel Policy governs employment-related complaints of disability discrimination. 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: Jerralyn Ellis, ADA Coordinator City-County Building 501 E. Court Avenue Jeffersonville, IN 47130 Within 15 calendar days after receipt of the complaint, Jerralyn Ellis or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Jerralyn Ellis or her designee 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 and offer options for substantive resolution of the complaint. If the response by Jerralyn Ellis or her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Jeffersonville ADA Compliance Committee. Within 15 calendar days after receipt of the appeal, the Jeffersonville ADA Compliance Committee or it's designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after tlSe meeting, the Jeffersonville Compliance Committee or it's 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 Jerralyn Ellis or her designee, appeals to the Jeffersonville ADA Compliance Committee or it's designee, and responses fi'om these two offices will be retained by the City for at least three years. Attachment B to Settlement Agreement between the United States of America and Jeffersonville, Indiana in DJ# 204-26S-152. JEFFERSONVILLE, INDIANA POLICE DEPARTMENT POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING OVERVIEW It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows: People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons. The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing. Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation. Various types of communication aids - known as "auxiliary aids and services" - are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters. The type of aid that will be required for effective communication will depend on the individual's usual method of communication, and the nature, importance, and duration of the communication at issue. In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required Attachment C to Settlement Agreement between the United States of America and Jeffersonville, Indiana in DJ# 204-26S-152. Page 1 of 4 for effective communication with a person whose primary means of communication is sign language or speech reading. For example: - If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language. - If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively. To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing. The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example: - If the Agency has 1/mited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency's budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used. The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing. People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication. Attachment C to Settlement Agreement between the United States of America and Jeffersonville, Indiana in DJ# 204-26S-152. Page 2 of 4 ON-CALL INTERPRETIVE SERVICES The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually. A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a "qualified" interpreter may be certified, a certified interpreter is not necessarily "qualified," if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be "qualified." TTY AND RELAY SERVICES In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service. TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY · Officers must review and have a working knowledge of Jeffersonville's Guide for Attachment C to Settlement Agreement between the United States of America and Jeffersonville, Indiana in DJ# 204-268-152. Page 3 of 4 Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include: - Issuing a noncriminal or motor vehicle citation. - Communicating with a person who initiates contact with an officer. - Interviewing a victim or critical witness to an incident. - Questioning a person who is a suspect in a crime. - Making an arrest or taking a person into custody. - Issuing Miranda Warnings to a person under arrest or in custody. - Interrogating a person under arrest or in custody. PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES · Officers must utilize the following auxiliary aids, when available, to communicate effectively: - Use of gestures - Use of visual aids - Exchange of written notes - Use of computers or typewriters - Use of assistive listening devices - Use of teletypewriters (TTY's) - Use of qualified oral or sign language interpreters Attachment C to Settlement Agreement between the United States of America and Jeffersonville, Indiana in DJ# 204-26S-152. Page 4 of 4 U.S. Department of Justice Civil Rights Division Disability Rights Section Accessibility of State and Local Government Websites to People with Disabilities The Internet is dramatically changing the way that American government serves the public. Taking advantage of new technology, many State and local governments are using the web to offer citizens a host of services including: I corresponding online with local officials; providing information about government services; [] renewing library books or driver's licenses; ~l providing tax information and accepting tax returns; and [] applying for jobs or benefits. These government websites are important because they: [] allow programs and services to be offered in a more dynamic, interactive way, increasing citizen participation; w increase convenience and speed in obtaining information or services; reduce costs in providing programs and information about government services; [] reduce the amount of paperwork; and [] expand the possibilities of reaching new sectors of the community or offering new programs. When government is constantly being asked to do more with less, the Interact is playing a vital role in allowing government to better serve all of its citizens. The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities, unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These Local government websites provide important information and services to citizens alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available. For example, job announcements and application forms, if posted on an accessible website, would be available to people with disabilities 24 hours a day, 7 days a week. Online Barriers Faced By People with Disabilities Many people with disabilities use "assistive technology" to enable them to use computers and access the Intemet. Blind people who cannot see computer monitors may use screen readers - devices that speak the text that would normally appear on a monitor. People who have difficulty using a computer mouse can use voice recognition software to control their computers with verbal commands. People with other types of disabilities may use still other kinds of assistive technology. New and innovative assistive technologies are being introduced every day. Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly designed buildings prevent some from entering. Designers may not realize how simple features built into a web page will assist someone who, for instance, cannot see a computer monitor or use a mouse. One example of a barrier would be a photograph of a Mayor on a town wehsite with no text identifying it. Because screen readers cannot interpret images unless there is text associated with it, a blind person would have no way of knowing whether the image is an unidentified photo or logo, artwork, a link to another page, or something else. Simply adding a line of simple hidden computer code to label the photograph "Photograph of Mayor Jane Smith" will allow the blind user to make sense of the image. Accessible Design Benefits Everyone When accessible features are built into web pages, websites are more convenient and mom available to everyone - including users with disabilities. Web designers can follow techniques developed by private and government organizations to make even complex web pages usable by everyone including people with disabilities. For most websites, implementing accessibility features is not difficult and will seldom change the layout or appearance of web pages. These techniques also make web pages more usable both by people using older computers and by people using the latest technologies (such as personal digital assistants, handheld computers, or web-enabled cellular phones). With the rapid changes in the Intemet and in assistive technologies used by people with disabilities to access computers, private and government organizations have worked to establish flexible guidelines for accessible web pages that permit innovation to continue. Resources forWeb Developers To make web pages accessible, the web developer needs to know about web page features that can make a web page less accessible or more accessible. Information about such features is easily available and many software developers are adding tools to web development software to make it easier to make web pages accessible. Two important resources provide guidance for web developers designing accessible web pages. One is the Section 508 Standards, which Federal agencies must follow for their own new web pages. To learn more about the Section 508 Standards: The Access Board maintains information on its website at www. access-board.gov and has a useful guide for web developers at www. access-board.gov/secS08/guide/ l194.22.htm; The Department of Justice has information about accessible web page design in an April 2000 report to the President. This report is available at www.usdoj.gov/crt/508/report/ content.btm, and The General Services Administration hosts an online course for web developers interested in accessible web design. This program was developed in conjunction with the Access Board, the Department of Justice, and the Department of Education and provides an interactive demonstration of how to build accessible web pages. This course is available at www. sectionS08.gov, which also provides information about the Federal government's initiative to make its electronic and information technology accessible to people with disabilities. ~ Web pages are written using a language called HTML (or "hypertext markup language"). HTML is a "markup language" that tells a computer program (called a "browser") how information will appear or will be arranged on a computer screen. HTML tags are specific instructions understood by a web browser or screen reader. Examples of Accessible Features forWebsites Resources forWeb Developers (continued) A more comprehensive resource is the Web Content Accessibility Guidelines developed by the Web Accessibility Initiative. These guidelines help designers make web pages as accessible as possible to the widest range of users, including users with disabilities. The Web Accessibility Initiative is a subgroup of the World Wide Web Consortium -- the same organization that standardizes the programming language followed by all web developers. Information for web developers interested in making their web pages as accessible as possible, including the current version of the Web Content Accessibility Guidelines (and associated checklists), can be found at www. w3c.org/WAI/Resources, and Information about the Web Accessibility Initiative can be found at www. w3c.org/WAI. For More Information Technical Information Regarding Web Accessibility For technical assistance regarding Section 508 Standards and how to make web pages accessible to people with disabilities, please contact the Access Board: 800-872-2253 (voice) 800-993-2822 (TTY) Information about the ADA The Department of Justice provides technical assistance to help State and local governments understand and comply with the ADA. An important source of ADA information is the Department's ADA Home Page on the World Wide Web. This extensive website provides access to ADA regulations; all Department ADA technical assistance materials, including newly- released publications; proposed changes in the ADA regulations; and access to Freedom of Information Act materials, including technical assistance letters. The website also provides links to other Federal agencies with ADA responsibilities. ADA Home Page -- www. ada.gov In addition, the Department of Justice operates a toll-free ADA Information Line that provides access to ADA specialists during business hours. ADA Information Line 800-514-0301 (voice) 800-514-0383 (TTY) Reproduction Reproduction of this document is encouraged. June 2003 The Attorney General has determined that publication of this periodical is necessary in the transaction of the public business required by law of the Department of Justice. Attachment F: Modifications to Newly Constructed Facilities Aquatic Center; 2107 Middle Road, owned by the City a. Parking There are 202 park'mg spaces, of which eight are designated as being accessible to individuals with disabilities. There is no designated van- accessible parking space. One of the access aisles contains a built-up curb ramp. On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross- slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4:30.7(1). ii. There is a change in level from the accessible parking area to the sidewalk for the Aquatic Center, which is situated on an elevated concrete path. Provide at least one accessible route from the parking area to the Center. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7. b. Service Counters The top of the service counters at the concessions stand is 37 inches and 42.5 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3. Playground None of the playground equipment is accessible to a child who uses a wheelchair. Provide apiece of playground equipment along an accessible route. The accessible route must have a minimum clem' width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is finn, stable, and slip resistant; have, in the absence ora curb ramp, romp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7. Men and women's toilet rooms The side grab bars in the toilet stall designated for people who use wheelchairs in the men's and women's toilet rooms are 36 inches long. In each, provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4A7.6, Figs. 30(a), (d). ii. The coat hook in the men's toilet stall designated for people who use wheelchairs is inaccessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6. Men and women's shower rooms The shower stalls in both shower rooms are not accessible. Provide a shower in each room that is exactly 36 inches wide.and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that each of these showers has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(1 I), 4.21, Figs. 35, 36, 37. Page 2 of 5 f. Unisex toilet / shower room Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d),4.30.1,4.30.4, 4.30.5, 4.30.6, 4.30.7. ii. The unisex shower stall lacks a shower seat and grab bars. Provide a shower that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(I1), 4.2i, Figs. 35, 36, 37. Meijer's Field; 516 Zulauf Avenue, owned by the City a. Parking There is no designated van-accessible parking space and none of the 5 standard parking spaces for persons with disabilities is served by an adjacent access aisle. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and 5 standard spaces designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At each standard accessible space, provide an access aisle at least 60 inches wide. At ail spaces designated as reserved for persons with disabilities, provide vertical signs with the International SymboI of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are finn, stable, and slip- resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1). Animal Shelter Page 3 of 5 Parking Thera is no designated van-accessible parking space. On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in ali directions, and that their surfaces are firm, stable, and slip- resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1). ii. The "walkway" from the accessible parking spaces to the building has a slope greater than 1:20 in some places and is, therefore, considered a ramp. In addition, there is an abrupt change in level greater than 1/4 inch. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.1.2(I), 4.1.2(2), 4.3.8, 4.8. Men's and Women's Toilet Rooms The toilet room signs on the men's and women's toilet rooms are not accessible. At each, provide a toilet room sign with raised and Braille characters. Each such sign sh~/ll be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6. Page 4 of 5 ii. iii. iv. vi. vii. The side grab bars in the men's and women's toilet rooms do not extend at least 54 inches from the back wall. In each, provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §8 4.1.3(i1),4.22.4,4.16.4, 4.26.2, Fig. 29. There are no rear grab bars in the men's and women's toilet rooms. In each, provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the fmished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1'/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards 8§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29. The centerline of the toilets in the men's and women's rooms are located i6 inches from the side wall. In each, provide a toilet with a centerline that measures 18 inches from the near side wall. Standards 88 4.1.3(11), 4.22.4, 4.17.3, Fig. 30. The toilet paper dispensers in the men's and women's toilet rooms are located away from the side wall. In each, provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards 88 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d). The hot water and drain pipes beneath the lavatory in the men's and women's toilet rooms are not insulated or configured to protect against contact. In each, provide hot water and drain pipes in each toilet room that are insulated or otherwise configured to protect against contact. Standards 8§ 4.1.3(11), 4.22.6, 4.19.4. The mirrors in the men's and women's toilet rooms are not accessible. In each provide a mirror in each toilet room with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards 88 4.1.3(11), 4.22.6, 4.19.6. Page 5 of 5 Attachment G: Modifications to Altered Facilities Parks and Recreation Department; 1406 Frederick Avenue; Built in I964, Toilet Rooms were altered to ADA standards in 1999 a. Parking The parking spaces below the accessible parking signs are not defined. On the shortest accessible route to the accessible entrance, provide a van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At the van accessible space, provide a "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.i.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1). b. Main Entrance The route to the accessible entrance is paved but has deteriorated to the point that it is not longer usable by many persons with disabilities. Provide an accessible route from the accessible parking to the accessible entrance. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(i), 4.1.6(1)(b), 4.3, 4.5, Fig. 7. c. Service Counter The top of the service counter is 41 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxilia~ counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, or other means. Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3. d. Men's and Women's Toilet Rooms The toilet room signs on the men's and women's toilet rooms are not accessible. For each, provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an 0bstmction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6. ii. The men's toilet room door is inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.1 l(2)(b). iii. The toilet paper dispenser in the toilet stall designated as being accessible for people with disabilities in the men's toilet room is located 44 inches from the back wall. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, Fig. 29(b). The paper towel dispensers in the men's and women's toilet rooms are at a height of 59 inches and are not operable without tight grasping, pinching or twisting of the wrist. Provide paper towel dispensers in the men's and women's toilet rooms with mechanical controls, if any, that can be operated with 5 lbfor less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push- type, and electronically controlled mechanisms are examples of acceptable designs). In addition, provide these paper towel dispensers with the controls at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6. Water Fountain The spout outlet height for the drinking fountain is 38 inches above the finished floor. Provide a fountain that has a spout height no higher than 36 inches, measured from the fmished floor or ground surface to the spout outlet, and that otherwise complies with the Standards. Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27. Page 2 of 6 Warder Park; 101 East Court Avenue; Originally opened in early 1950's, gazebo built circa 1990, ramp added to gazebo for accessibility in 1992, grounds renovated in 2000 There are no handrails on the ramp Ieading to the gazebo. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp paralleI with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.8.5. Ellis Community Center; 211 Martin Circle, Built in 1969, Parking Lot and Toilet Rooms were altered to ADA standards in 1999 a. Parking There is no designated van-accessible parking space. On the shortest accessible route to the accessible entrance, provide at least one van accessible space. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are fiat and level, with slopes and cross- slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1). b. EnWances The route to the accessible entrance is a paved path that has deteriorated to the point that it is unusable by some persons with disabilities. Provide an accessible route from the accessible parking to the accessible entrance. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a mm around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of V2 inch vertically; and have a rurming slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross Page 3 of 6 slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.1.6(1)Co), 4.3, 4.5, Fig. 7. ii. There is a 2 inch change in level at the threshold to the front entrance door. Provide a door with a threshold that is no greater than lA inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.8, 4.5.2. iii. There is a 1 ½ inch change in level at the threshold to the rear entrance door. Provide a door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.8, 4.5.2. c. Drinking Fountain The higher drinking fountain is a protruding object that is not cane-detectable. Provide an accessible route at this location such that no object with a bottom leading edge more than 27 inches above the finished floor protrudes more than 4 inches into the walkway. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4. Nachand Fieldhouse; 601 E. Court Avenue; Built in 1937, Parking and Entry were altered for accessibility in 1989, Toilet Rooms were altered for accessibility in 1999. a. Parking Although the parking lot has a total of 51 parking spaces, an inadequate number are designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and three standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1). b. Entrance No directional sign is present at the inaccessible entrance with directions to the accessible entrance. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Page 4 of 6 Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30. Ramp The ramp is too steep and the handrail is only on one side of the ramp and is not continuous. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 11/4 inches and 1 V2 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8. Drinking Fountain There is a drird~ing fountain that is accessible to people who use wheelchairs but not one accessible to people who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.1.3(10)(a), 4.1.6(1)(b). Men's and Women's Toilet Rooms The toilet room signs on the men's and women's toilet rooms are not accessible. At each, provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6. Page 5 of 6 ii. iii. There is a 1 inch change in level at the threshold of the door to the men's toilet room. Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.8, 4.5.2. The hot water and drain pipes beneath the men's and women's lavatory are not insulated or configured to protect against contact. At each, provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4. Page 6 of 6 Attachment H: Program Access in Existing Facilities Please Note: The Settlement Agreement requires that within three months of the effective date of this Agreement, the City will provide 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. 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. 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, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions: 3. Jeffersonville Police Department: The top of the service counter is 38 ½ inches above the finished floor. Provide a service counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(2), 4.3. Attachment I: Access to City Programs Housed in Others' Facilities Access to County Programs Housed in Others' Facilities: In order to ensure that the County's programs, services, and activities that are operated at facilities owned or controlled by other entities as listed below are, when viewed in their entirety, readily accessible to and usable by persons with disabilities, within i2 months of the effective date of this Agreement, the County will ensure that the actions listed below have been accomplished. Altematively, for any barrier listed below that has not been timely addressed, within 15 months of the effective date of this Agreement, the County and the Department will work cooperatively to develop and the County will implement a written plan regarding how the County program, activity, or service at issue will be made accessible to persons with disabilities, when viewed in its entirety. City-County Building; 50i East Court Avenue. Owned by the Building Authority. Within three months of the effective date of this Agreement, the City will implement and report to the Department its written plan regarding how the facility will be made accessible to persons with disabilities, including the violations listed below. a. Parking The Watt Street parking lot is inaccessible and lacks signage directing visitors with disabilities to the accessible parking spaces adjacent to the jail. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible parking lots directing users to the accessible lot, and provide accessible signage with the International Symbol of Accessibility at all accessible parking lots. Standards §§ 4.1.3(8)(d), 4.13, 4.30. ii. There is no designated van-accessible parking space. On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip- resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1). iii. The accessible parking spaces adjacent to the jail do not have the correct signs designating the spaces as reserved. At ail spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §8 4.6.4, 4.30.7(1). iv. Although the parking lot has a total of 300 parking spaces, an inadequate number are designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide seven standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Standards §8 4.1.2(5), 4.6, 4.30.7(1). Ramp At least one ramp handrail extension at the bottom of the ramp is not rounded or returned smoothly to the ground or post and is a protruding object. Provide handrails that are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned sm00thly to the floor, wall, or post, and that do not rotate within their fittings. Standards 8 4.8.5. Service Counters The top of the service counter in the Sewer Office is 43 inches above the finished floor. Piovide a service counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards 88 7.2(2), 4.3. ii. The top of the service counter in the Clerk and Treasurer's Office is 43 inches above the finished floor. Provide a service counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §8 7.2(2),4.3. iii. The information shelves in the Building Commissioner's Office are mounted 63 inches above the fmished floor. Provide accessible information shelves that are located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; and that have a clear floor space in front that is 30 inches wide by 48 inches deep. Standards §§ 9.2.2(4), 4.25, 4.27.4, 4.2.5, 4.2.6. Elevator The elevator control panel of the elevator for City Court does not have raised characters and Braille. Provide car control buttons that are at least % inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols. Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor. Standards § 4.10.12, Fig. 23. City Court The doors to the City Court have knob hardware. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever- operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9. ii. The City Court lacks informational signage designating it as a permanent room. Provide a City Court door sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6. Drinking Fountain There is a drinking fountain that is accessible to people who use wheelchairs but not one accessible to people who have difficulty bending or stooping. Provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards 8 4.1.3(10)(a). Men's and Women' s Toilet Rooms i. First Floor The top of the toilet seats in the accessible toilet room stalls designated for people who use wheelchairs measure 21 inches above the finished floor. In each, provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §8 4.16.3, 4.17.2, Fig. 30(d). (Men's only) The coat hook in the stall designated for people who use wheelchairs is not accessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards 88 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6. The hot water pipes beneath the lavatories in the toilet rooms are not insulated or configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards 8 4.19.4. The controls of the paper towel dispensers in the toilet rooms are at a height of 62 inches and the dispensers protrude more than 4 inches into the path of travel. Provide a paper towel dispenser in each toilet room such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Additionally, provide an accessible route at each such location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, hails, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards 88 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, 4.4. ii. There is an audible alarm in the toilet rooms, but no visual alarm. Provide a visual alarm appliance in each toilet room. Standards §§ 4.28.1, 4.28.3. Second Floor There is no directional signage at the inaccessible toilet rooms on the second floor to identify the location of accessible toilet rooms on the first floor. Provide accessible directional signage with the International Symbol of Accessibility at the inaccessible toilet rooms indicating 'the location of the nearest accessible toilet rooms, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.