SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MADISON COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF JUSTICE COMPLAINT NUMBERS XXX NEW COMPLAINT NUMBERS XXX This matter was initiated by two complaints 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, Civil Rights Division, Coordination and Review Section (Department), against Madison County, Florida, Board of County Commissioners (County). The complaints allege that the services, programs, and activities provided by the County in the Madison County Courthouse are inaccessible to persons with mobility impairments. Pursuant to the provision of the ADA entitled "Alternate Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaints in this matter to determine the compliance of Madison County, Florida, Board of County Commissioners with title II of the ADA and the Department's implementing title II regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring a civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement and the approved Compliance Plan to be developed pursuant to this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties to this Agreement are the United States of America and the County. The parties hereby agree as follows: 1. The ADA applies to the County because it is a public entity as defined in 42 U.S.C. 12131. 2. The County owns and operates the Madison County Courthouse in Madison, Florida. 01-04759 -2- 3. Because of architectural barriers, the services, programs, and activities provided by the County in the Courthouse are not readily accessible to persons with mobility impairments. 4. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, or activities of a public entity, such as the County. 5. The County may not deny the benefits of or participation in its programs, services, or activities to persons with disabilities because the Courthouse is inaccessible. 6. Under the ADA, the services, programs, or activities provided in the Courthouse, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 7. The subject of this Settlement Agreement is the development of a Compliance Plan which will provide access to the services, programs, and activities provided in the Madison County Courthouse. 8. The Madison County Coordinator, in response to a request for information on the accessibility of the programs provided in the Madison County Courthouse, has provided information on the plans and timetable to provide accessibility to programs, services, and activities provided in the Courthouse and submitted it to the Department on August 21 and November 4, 1992, and January 8, 1993. Based on this information and any additional information required, the County will develop a written Compliance Plan, including a timetable, to provide accessibility to programs, services, and activities provided in the Madison County Courthouse and submit it for approval to the Department. The Plan will include the following: a. An architectural drawing, or detailed description with specifications, of the planned renovations to make the Courthouse readily accessible to and usable by persons with disabilities, specifically including: 1) elevators; 2) signage, including braille; 3) water fountains; 4) restrooms; 5) doors; 01-04760 - 3 - b. A detailed description, including architectural specifications if appropriate, setting out steps that the County will take, on an interim basis, to provide access for persons with mobility impairments to its services, programs, and activities until the planned renovations have been completed. These steps will include: 1) conducting all County meetings in an accessible building, such as the meeting room at the Agriculture Center; 2) providing, without surcharges, services or documents located in the presently inaccessible Courthouse to the public by such means as curbside service, mailing copies of documents, home visits, and delivery of services at alternate accessible sites; and 3) providing written notification to the public of the alternate methods of the provision of services while the Courthouse is being renovated. c. A schedule for obtaining estimates and completing each phase of the proposed modifications to existing structures to provide access to programs, services, or benefits provided in the Madison County Courthouse. Alteration and construction of buildings and sites in conformance with either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines (ADAAG) will be deemed to comply with the requirements of the ADA; except that where ADAAG is used, the elevator exemption in section 4.1.3 is not available to entities covered by title II. 9. Within thirty (30) days of the execution of this Agreement, the County shall submit a copy of the final written Compliance Plan to the Department for review and approval. 10. At the end of the sixty (60) day period following Departmental approval of the Compliance Plan, and at the end of each sixty (60) day period thereafter, the County will submit written progress reports on its implementation of this Agreement, and the Compliance Plan developed pursuant to this Agreement, to the Department. 01-04761 - 4 - 11. At the completion of the steps set out in the Compliance Plan approved by the Department, but in no case later than one hundred eighty (180) days following Departmental approval, the County will submit a final report on its implementation of the Compliance Plan to the Department. 12. If at any time the County desires to modify any portion of this Agreement or the Compliance Plan because of changed conditions making performance impossible or impractical or for any other reason, it shall 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 shall not take effect. 13. The Department may review compliance with this Agreement and the Compliance Plan developed pursuant to this Agreement at any time. If it determines that this Agreement or the Compliance Plan or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this agreement in an appropriate Federal court. 14. The Department of Justice's failure to enforce this entire Agreement, the Compliance Plan, or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement or the Compliance Plan. 15. In the event that the Madison County, Florida, Board of County Commissioners fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department of Justice as a temporary modification of the relevant terms of this Agreement or the Compliance Plan, all terms of this Agreement shall become enforceable in an appropriate Federal court. 16. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the County or the Department on request. 17. The effective date of this agreement is the date of the last signature below. 18. 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 01-04762 - 5 - party or agents of either party, that is not contained in this written agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the County's continuing responsibility to comply with all aspects of the ADA. For the County: For the United States: (Signature) (Signature) ______________________________ ______________________________ Chairperson Stewart B. Oneglia, Chief Board of County Commissioners of Coordination and Review Section Madison County, Florida Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 October 19, 1993 NOV 9 1993 ____________________ __________________________ Date Date 01-04763 Department of Justice FOR IMMEDIATE RELEASE CR TUESDAY, NOVEMBER 9, 1993 (202) 616-2765 FLORIDA COUNTY COURTHOUSE TO BECOME ACCESSIBLE UNDER JUSTICE DEPARTMENT SETTLEMENT WASHINGTON, D.C. -- A county courthouse will be made accessible to persons using wheelchairs as part of the first settlement obtained today by the government that requires renovation of a county facility under a 1990 anti-discrimination law. The agreement resolves two complaints filed with the Department of Justice that the Madison County Courthouse in Madison, Florida, which also contains the offices of the sheriff, the tax collector, and supervisor of elections, could not be entered or used by persons with mobility impairments. The settlement, with the County Commissioners, was negotiated under title II of the Americans with Disabilities Act. Title II prohibits discrimination against individuals with disabilities on the basis of disability by state and local governments. Renovations should be completed by April 1994. "Equal access to programs is the essence of title II of the ADA," said Acting Assistant Attorney General for Civil Rights James P. Turner. "The county's cooperation in reaching this agreement has ensured that persons with mobility impairments will 01-04764 - 2 - no longer be denied access to the Courthouse services enjoyed by other citizens." The settlement agreement requires the County Courthouse to: * Make structural modifications, including installing an elevator, widening doors, lowering water fountains, remodeling bathrooms, and hanging braille signs. * Develop an interim plan to provide access to programs currently housed in the Courthouse, including moving meetings to accessible sites and providing services and documents to citizens outside the Courthouse. * Publicize the interim plan to provide access while the Courthouse is under renovation. * Submit the architectural plans to the Justice Department for review. The settlement also permits the Justice Department to petition the U.S. District Court to seek specific performance of the agreement's terms if the county fails to comply. ### 93-351 01-04765