Department of Justice FOR IMMEDIATE RELEASE CR MONDAY, MARCH 3, 1997 (202) 616-2765 TDD (202) 514-1888 FLORIDA CITY WILL MAKE CITY HALL ACCESSIBLE UNDER JUSTICE DEPARTMENT SETTLEMENT WASHINGTON, D.C. -- The city of Destin, Florida has agreed to make its newly built city hall fully accessible to persons with disabilities under an agreement reached today with the Department of Justice. "Under the law, state and local governments have a responsibility to ensure that citizens with disabilities have an equal opportunity to participate in civic activities," said Acting Assistant Attorney General for Civil Rights Isabelle Katz Pinzler. "Today's agreement underscores the Department's commitment to working with local officials to provide access." Today's resolution, which was reached under the Americans with Disabilities Act (ADA), stems from a Justice Department compliance review of the city hall. Last July the Department began its review, which included an examination of the design drawings and an on-site architectural analysis of the newly constructed facility, after learning of potential obstacles to access at the city hall building. (MORE) 01-04858 - 2 - Under the agreement Destin will implement the following changes by August 15, 1997: * modify the city hall parking lot so that it has the required number of designated van accessible parking spaces, and accessible routes leading from all accessible parking spaces to the entrance; * install a ramp to provide access into more areas of the city hall building as required by the law; * make all public and employee restrooms accessible; * make all doorways wide enough for wheelchair users to pass through; * make counters accessible; and * modify council chambers to provide access for people who use wheelchairs. The city has already begun many of these modifications. The agreement also permits the Justice Department to petition the Federal district court in Florida if the city fails to comply. Under Title II of the ADA, which became effective in 1992, public entities must design and construct buildings and facilities to be accessible to individuals with disabilities. Copies of the agreement may be obtained by calling the Justice Department's toll-free ADA Information Line at 800-514- 0301 (voice) or 800-514-0383 (TDD). Individuals may also find the agreement on the Department's ADA home page on the world wide web at http://www.usdoj.gov/crt/ada/adahoml.htm. # # # 97-093 01-04859 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA, AND THE CITY OF DESTIN UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 CONCERNING THE DESTIN CITY HALL IN DESTIN, FLORIDA INTRODUCTION 1. This Agreement (the "Agreement") is made and entered into by the United States of America (the "United States"), and the City of Destin, Florida, (the United States and the City of Destin will be referred to collectively hereinafter as the "Parties"). 2. This Agreement resolves an investigation of the City of Destin conducted by the United States Department of Justice under title II of the Americans with Disabilities Act of 1990, 42 U.S.C.  12131-12134 (the "Act" or the "ADA"), concerning the Destin City Hall ("City Hall") located in Destin, Florida. 3. The Parties agree as follows: 4. The term "Respondent" refers to the City of Destin, Florida. 5. The term "Department" refers to the U.S. Department of Justice, and, because the Department is the designated federal agency with enforcement authority for this matter under title II of the ADA, "Department" is used interchangeably with "United States." 6. The City of Destin owns the City Hall located in Destin, Florida at 4200 Two Trees Road. The City of Destin is a public entity within the meaning of 42 U.S.C.  12131(1)(B) and 28 C.F.R.  35.104, and is subject to title II of the ADA. 7. The City Hall is a "building, structure, site, or complex," and is a "facility" within the meaning of 28 C.F.R.  35.104 covered by title II. 8. Construction of City Hall began after January 26, 1992, and City Hall is a newly constructed facility within the meaning of title II, 42 U.S.C.  12134(c) and 28 C.F.R.  35.151(a). 9. The Respondent concurs that City Hall is not currently in compliance with the provisions of 42 U.S.C.  12134(c) and 28 C.F.R.  35.151 and that the City Hall has been constructed in accord with the design specifications of R. R. Moore Architects, Inc., Architect-Planner, Destin, Florida. BACKGROUND 10. From 1995 through the present, the Department conducted an investigation into the construction of City Hall. The investigation included telephone conferences, an on-site visit, and the review of design drawings. 01-04860 11. The Department found that City Hall does not conform to the new construction provisions of title II of the ADA and the title II implementing regulations. A public entity must comply with either the new construction standards of the Uniform Federal Accessibility Standards, found at Appendix A to 41 C.F.R. Part 101-19.6, or the Standards for Accessible Design ("the Standards") found at Appendix A to 28 C.F.R. Part 36. 12. The Parties have agreed to the terms of this Agreement in order to resolve the Department's investigation. MODIFICATIONS TO THE CITY HALL Respondents agree to: Parking 13. Modify the City Hall parking lot so that the parking spaces designated for use by individuals with disabilities will have access aisles which are part of an accessible route to the City Hall entrance as required by Sections 4.1.2(1), 4.3.2(1), 4.1.2(5)(a), and 4.6.3 of the Standards and as set forth in the attached Exhibit 1. 14. Modify the City Hall parking lot so that at least one designated parking space for individuals with disabilities will be van accessible and will have "van-accessible" signage mounted below the existing symbol of accessibility as required by Sections 4.1.2(5)(b) and 4.6.4 of the Standards and as set forth in the attached Exhibit 2. Ramp 15. Construct a ramp located at the side entrance of City Hall leading to the Inspection Department that is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, as required by Sections 4.1.3(1), 4.3.8, 4.5.2, and 4.8 of the Standards and as set forth in the attached Exhibit 3. Accessible Route General 16. Modify City Hall so that an accessible route will connect the accessible buildings, facilities, elements, and spaces on the site as required by Sections 4.1.2(2), and 4.3 of the Standards and as set forth in the attached Exhibits 4 and 5. 17. Modify City Hall so that an accessible route will connect all accessible parking spaces to the entrance(s) of City Hall as required by Sections 4.1.2(1), and 4.3 of the Standards and as set forth in the attached Exhibits 6 and 7. 2 01-04861 Council Chambers 18. Modify City Hall so that an accessible route will lead to the council member seating as required by Sections 4.1.3(3), 4.3.8, 4.5.2, and 4.8 of the Standards and as set forth in the attached Exhibit 8. Doors Front Entrance 19. Modify City Hall so that required doors afford sufficient clear maneuvering space to be readily accessible to and usable by individuals with disabilities as required by Sections 4.1.3(7), and 4.13.6 of the Standards. Office Doorways 20. Modify City Hall so that each of the doorways leading to the Planning & Zoning, Public Works, Finance, City Clerk, City Manager's Administrative Assistant, and City Manager offices are readily accessible to and usable by individuals with disabilities, including ensuring that each such doorway has a minimum clear opening of 32 inches with the door open 90 degrees as required by Sections 4.1.3(7)(c), and 4.13.5 of the Standards and as set forth in Exhibits 9, 10 and 11. Council Chambers 21. Modify City Hall so that the doorway leading to the council chambers is readily accessible to and usable by individuals with disabilities, including ensuring that such doorway has a minimum clear opening of 32 inches with the door open 90 degrees as required by Sections 4.1.3(7)(c), and 4.13.5 of the Standards and as set forth in Exhibit 12. Restrooms Public 22. Modify City Hall so that signage located near each of the public restrooms is readily accessible to and usable by people who are visually impaired and as required by Sections 4.1.3(16)(a), and 4.30.6 of the Standards. 23. Modify City Hall so that each of the public restrooms will afford individuals with disabilities with 1) sufficient unobstructed turning space in accordance with Sections 4.1.3(11), 4.2.3, 4.2.4, 4.16.2, 4.17.3, 4.18.3, 4.19.3, and 4.22.3 of the Standards; and 2) sufficient clear floor space at lavatories as required by Sections 4.1.3(11), 4.2.4, 4.19.3, 4.22.2, 4.22.3, 4.22.4, and 4.26.6 of the Standards and as set forth in the attached Exhibits 13 and 14. 3 01-04862 24. Modify City Hall so that each public restroom contains a designated accessible stall that is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, as required by Sections 4.1.3(11), 4.16, 4.17, and 4.22.4 of the Standards and as set forth in the attached Exhibits 15 and 16. 25. Modify City Hall so that each public restroom lavatory has insulated hot water and drain pipes to protect against contact as required by Sections 4.19.4, and 4.22.6 of the Standards. 26. Modify City Hall so that each public restroom has at least one mirror that is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, as required by Sections 4.19.6, and 4.22.6 of the Standards. 27. Modify City Hall so that the men's public restroom urinal is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs as required by Sections 4.18, and 4.22.5 of the Standards. Employee-Only Restrooms 28. Modify City Hall so that signage located near each of the employee-only restrooms is to be readily accessible to and usable by people who are visually impaired and as required by Sections 4.1.3(16)(a), and 4.30.6 of the Standards. 29. Modify City Hall so that each of the employee-only restrooms will afford individuals with disabilities with 1) sufficient unobstructed turning space in accordance with Sections 4.1.3(11), 4.2.3, 4.2.4, 4.16.2, 4.17.3, 4.18.3, 4.19.3, and 4.22.3 of the Standards; and 2) sufficient clear floor space at lavatories as required by Sections 4.1.3(11), 4.2.4, 4.19.3, 4.22.2, 4.22.3, 4.22.4, and 4.26.6 of the Standards and as set forth in the attached Exhibits 17 and 18. 30. Modify City Hall so that each of the employee-only restrooms contain a designated accessible stall that is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, as required by Sections 4.1.3(11), 4.16, 4.17, and 4.22.4 of the Standards and as set forth in the attached Exhibits 19 and 20. 31. Modify City Hall so that each employee-only lavatory has insulated hot water and drain pipes to protect against contact as required by Sections 4.19.4, and 4.22.6 of the Standards. 32. Modify City Hall so that each employee-only restroom has at least one mirror that is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, as required by Sections 4.19.6, and 4.22.6 of the Standards. 4 01-04863 33. Modify City Hall so that the men's employee-only restroom urinal is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs as required by Sections 4.18, and 4.22.5 of the Standards. Counters Reception Counter 34. Modify the reception counter located near the main entrance of City Hall so that it contains a 36 inch wide section that is not more than 36 inches above the floor as required by Section 7.2.(1) of the Standards and as set forth in the attached Exhibit 21. Permit Counter 35. Modify the permit counter so that it contains a 36 inch wide section that is not more than 36 inches above the floor as required by Section 7.2.(1) of the Standards and as set forth in the attached Exhibit 22. Employee's Lounge 36. Modify City Hall so that the counter in the employee's lounge is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, as required by Sections 4.2.6, and 4.24.3 of the Standards and as set forth in the attached Exhibit 23. IMPLEMENTATION AND ENFORCEMENT OF THE AGREEMENT 37. The Respondent began modifications to City Hall prior to entering into this Agreement by providing a ramp at the entrance leading to the Inspection Department. Design drawings of such modifications were approved by the Department prior to construction. The Respondent agrees to commence modifications to each of the barriers identified in paragraphs 13, 14 and 16 through 36 above as soon as possible, but no later than the date of the last signature of this Agreement. 38. The Respondent agrees to complete the modifications to each of the barriers identified in paragraphs 13, 14 and 16 through 36 above, on or before August 15, 1997, contingent upon the Department's approval of the Respondent's design drawings as being in compliance with the provisions of the ADA on or before May 10, 1997. Respondent agrees to provide the Department with the design drawings for the modifications, on or before March 1, 1997 and to contract for the construction of Department approved design drawings within 10 business days of the receipt of the written notice of the Department's approval of the design drawings. Timely submission by the City having been made of the design drawings, the time for the completion of the modifications shall be tolled for each day 5 01-04864 subsequent to May 10, 1997 that the Department has not made a decision on whether the design drawings are in compliance with the ADA. 39. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any requirement thereof has been violated and has not been able to resolve the dispute through reasonable attempts at conciliation, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal district court. 40. Failure by the Department to enforce this entire agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to do so with regard to any provisions of this agreement. 41. This Agreement is a public document. A copy of this document or any information contained therein may be made available to any person, and the Department may provide a copy of this agreement to any person on request. The Respondent, shall make copies of this Agreement available at the City Hall to any person who inquires about obtaining a copy of this Agreement. 42. This Agreement, including the Exhibits attached hereto, constitutes the entire Agreement among the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. In the event a court of competent jurisdiction concludes that any part of this Agreement is unenforceable, such portion shall be severed from this Agreement and all other portions shall remain enforceable. 43. This Agreement is limited to City Hall and does not apply to any other design or construction project of the Respondent. The Agreement covers all aspects of the design and construction of City Hall, including additions or changes made during the term of this Agreement. This Agreement does not limit any continuing responsibility of the Respondent to comply with the ADA. 44. Where reduced-size design drawings are attached hereto as exhibits, they are merely representative of full-sized design drawings, copies of which are to be maintained by each party. In the event of a discrepancy between a full-sized design drawing, and a reduced-sized version of the same document, the full-sized version is to be considered authoritative. 6 01-04865 45. Each person signing this document represents that he or she is authorized to bind the represented party to the terms of this Agreement. 46. This Agreement becomes effective on the date of the last signature below. For Destin City: For the United States: (Signature) (Signature) Troy R. Justesen _________________________ _____________________________ ROBERT T. MEARNS JOHN L. WODATCH, Chief City Manager ALLISON L. NICHOL, Deputy The City of Destin TROY R. JUSTESEN, Post Office Box 399 Investigator Destin, Florida 32540 Disability Rights Section United States Department of Justice Post Office Box 66738 Washington, D.C. 20035-6738 Date 2/25/97 Date 3/3/97 7 01-04866