HomeMy WebLinkAboutExhibit A - AgreementPROJECT CIVIC ACCESS AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
MIAMI, FLORIDA
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-18-184
BACKGROUND
SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this matter as a
compliance review of Miami, Florida under title II of the Americans with Disabilities Act of
1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28
C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice,
the review was also conducted under the authority of section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42,
Subpart G.
The review was conducted by the Disability Rights Section of the Department's Civil
Rights Division and focused on the City's compliance with the following title II requirements:
to conduct a self -evaluation of its services, policies, and practices by July 26, 1992, and
make modifications necessary to comply with the Department's title II regulation, 28
C.F.R. § 35.105;
• 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.
§ 35.106;
• 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 procedure for resolving complaints of violations of title II, 28
C.F.R. § 35.107(b);
• to operate each program, service, or activity so that, when viewed in its entirety, it is
readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
• delivery of services, programs, or activities in alternate ways, including, for
example, redesign of equipment, reassignment of services, assignment of aides,
home visits, or other methods of compliance or, if these methods are not effective
in making the programs accessible,
• physical changes to buildings (required to have been made by January 26, 1995),
in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and
the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A,
or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6,
App. A.
• to ensure that facilities for which construction or alteration was begun after January 26,
1992, are readily accessible to and usable by people with disabilities, in accordance with
1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
• to ensure that communications with applicants, participants, and members of the public
with disabilities are as effective as communications with others, including furnishing
auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
• to provide direct access via TTY (text telephone) or computer -to -telephone emergency
services, including 9-1-1 services, for persons who use TTY's and computer modems, 28
C.F.R. § 35.162;
• to provide information for interested persons with disabilities concerning the existence
and location of the City's accessible services, activities, and facilities, 28 C.F.R.
§ 35.163(a); and
• to provide signage at all inaccessible entrances to each of its facilities, directing users to
an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
As part of its compliance review, the Department reviewed the following facilities, which
— because construction or alterations commenced after January 26, 1992 — must comply with the
ADA's new construction or alterations requirements:
Lemon City Park and Day Care
Antonio Maceo Park
City Hall
Margaret Pace Park
Watersport / Shake -a -Leg
Bryan Park
Curtis Park and Pool
Eaton Park
Hadley Park and Pool
Miamarina at Bayside
Moore Park
Munroe Park and Tennis Center
Neighborhood Enhancement Team - Coconut Grove SW
Elizabeth Virrick Park
West End Park and Recreation Center
Jose Marti Park
Shenandoah Park and Recreation Center
Sandra Delucca Developmental Center
The Department's program access review covered those of the City's programs, services,
and activities that operate in the following facilities:
Administrative Building / Miami Riverside Center
African Square Park
Armbrister Park
Athalie Range Park
Belafonte-Tacolcy Center
Dorsey Park
Buena Vista Park
Coconut Grove Expo Center
Coral Gate Park
Coral Way Neighborhood Enhancement Team,
Dinner Key Marina
Douglas Park and Recreation Center
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Fern Island - South Fork Park
Fire Station #2
Fire Station #3
Fire Station #4
Fire Station #5
Fire Station #6
Fire Station # 7
Fire Station #8
Fire Station #9
Fire Station #10
Fire Station #11
Fire Station # 12
Gibson Park
Grapeland Heights Park
Juan Pabio Duarte Park
Kennedy Park
Robert King High Park
Knight Center
Finally, the Department reviewed the Ci
regarding providing effective communication to
Legion Memorial Park
Lummus Park
Manuel Artime Community Center
Melreese Golf Course
Morningside Park
Neighborhood Enhancement Team — Flagami
Neighborhood Enhancement Team - Little Haiti
Neighborhood Enhancement Team - Upper Eastside
Neighborhood Enhancement Team - Overtown
Neighborhood Enhancement Team — Downtown
Neighborhood Enhancement Team — Little Havana East
North Police Substation/Net-Model City
Peacock Park/ Coconut Grove Chamber of Commerce /
Neighborhood Enhancement Team
Police Headquarters
Roberto Clemente Park/ Neighborhood Enhancement
Team — Wynwood
Solid Waste Department
Southside Park
Williams Park
Orange Bowl
ty's Police Department's policies and procedures
persons who are deaf or hard -of -hearing.
JURISDICTION
1, The ADA applies to the City because it is a "public entity" as defined by title II. 42
U.S.C. § 12131(1).
2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the
compliance of the City with title II of the ADA and the Department's title II implementing
regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary
compliance agreements. Furthermore, the Attorney General is authorized, under 42
U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the
Department fail to secure voluntary compliance pursuant to Subpart F.
3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the 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.
§§ 42.530 and 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 to bring a civil suit to enforce the rights of the
United States under applicable federal, state, or local law.
4. The parties to this Agreement are the United States of America and Miami, Florida.
5. In order to avoid the burdens and expenses of an investigation and possible litigation, the
parties enter into this Agreement.
6. In consideration of, and consistent with, the terms of this Agreement, the Attorney
General agrees to refrain from filing a civil suit in this matter regarding all matters
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contained within this Agreement, except as provided in the section entitled
"Implementation and Enforcement."
ACTIONS TAKEN BY MIAMI
7. The City of Miami is fully committed to complying with the ADA. To this end, the City
has accomplished the following:
a. In 1992, the City conducted a self -evaluation and transition plan.
b. In 2002, the City conducted a new self evaluation of its policies, programs and
services. Results from that analysis have resulted in new policies and procedures
for some departments, including training on the ADA and Title II requirements.
c. The City has posted on its website, www.ci.miami.fl.us, an ADA Public Notice,
the name and contact information for its ADA Coordinator, and its grievance
procedure and instructions.
d. All public meeting notices now contain a provision and instructions for requesting
auxiliary aids and services in order to participate in the proceedings.
e. Assistive listening systems have been installed at City Hall and assistive listening
devices are available. Appropriate signage notifying persons of their availability
have been posted.
f. TTY/TDD's have been installed in several key departments and policies and
procedures as well as training have been implemented.
g. The City has a contract for providing qualified sign -language interpreting services.
h. A Transition Plan for Parks and Recreation has been completed to assist the city
with prioritizing accessibility upgrades to public facilities and programs in parks.
i. All public streets, sidewalks and curb ramps have been surveyed for accessibility.
j. The Fire -Rescue Department ensures that emergency operators are trained in
TTY/TDD calls and has an enforceable Standard Operating Procedure (SOP) for
employees. Every 9-1-1 call taker station is equipped with TTY capabilities.
k. All contracts are now reviewed for appropriate ADA provisions, i.e., a
transportation service must submit that it can supply accessible vehicles in case of
a request.
1. All new employees and supervisors have received ADA Title II training.
m. Policies and procedures have been drafted for service animals.
n. Deaf culture sensitivity training has been provided to police officers.
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o. The ADA Coordinator and Fire Rescue Department are working together to
ensure real time captioning for emergency services notifications and at all public
meetings.
REMEDIAL ACTION
NOTIFICATION
8. Within two months of the effective date of this Agreement, the City will adopt the
attached Notice (Attachment A); distribute it to all 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.
9. Within six 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.
9-1-1
10. Within six months of the effective date of this Agreement, the City will develop
procedures for answering 9-1-1 calls that include training all call takers to use a TTY to
take 9-1-1 calls, to recognize a "silent" open line as a potential TTY call and respond by
TTY, and to ensure that TTY calls are answered as quickly as other calls received.
11. The City will monitor its -incoming 9-1-1 TTY calls to ensure they are answered as
quickly and accurately as other calls received.
12. The City will incorporate correct TTY call -taking procedures into 9-1-1 call takers'
performance evaluations and will amend its personnel policies to include written
disciplinary procedures for call takers who fail to perform TTY call -taking consistent
with the training and procedures. The City will implement and report to the Department
its evaluation and procedures within three months of the effective date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
13. Within six months of the effective date of this Agreement, the City will adapt for its own
use and implement the Miami Police Department's Policy Statement on Effective
Communication with People Who are Deaf or Hard of Hearing [Attachment C] and
distribute to all department officers the Guide for Law Enforcement Officers When in
Contact with People Who are Deaf or Hard of Hearing [Attachment D].
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14. Within three 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, to its sheriff department or make other appropriate arrangements (such as
contracting directly with or hiring qualified interpreters).
EMPLOYMENT
15. Within six months of the effective date of this Agreement, the City will amend its
employment policies, as necessary, to comply with the regulations of the U.S. Equal
Employment Opportunity Commission implementing title I of the Americans with
Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies
will provide that the City:
• will not discriminate on the basis of disability in its hiring or employment
practices.
• will not ask a job applicant about the existence, nature, or severity of a disability.
Applicants may be asked about their ability to perform specific job functions.
Medical examinations or inquiries may be made, but only after a conditional offer
of employment is made and only if required of all applicants for the position.
• will make reasonable accommodations for the known physical or mental
limitations of a qualified applicant or employee with a disability upon request
unless the accommodation would cause an undue hardship on the operation of the
City's business. If an applicant or an employee requests a reasonable
accommodation and the individual's disability and need for the accommodation
are not readily apparent or otherwise known, the City may ask the individual for
information necessary to determine if the individual has a disability -related need
for the accommodation.
• will maintain any employee's medical records separate from personnel files and
keep them confidential.
• will make an individualized assessment of whether a qualified individual with a
disability meets selection criteria for employment decisions. To the extent the
City's selection criteria have the effect of disqualifying an individual because of
disability, those criteria will be job -related and consistent with business necessity.
VOTING
21. Until all polling places in each precinct or voting district have accessible parking, exterior
routes, entrances, and interior routes to the voting area, prior to each election, the City
will identify and widely publicize to the public and to persons with disabilities and
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organizations serving them the most accessible polling place(s) for each precinct or
voting district.
22. Within three months of the effective date of this Agreement, the City will survey its voter
registration locations for accessibility to persons with disabilities by using the form
provided at Attachment F and will report the results of this survey to the Department. If
barriers to access are identified, the City will implement and report the Department its
plan to provide program access, which may include allowing persons to register to vote
through alternative means or at alternative locations.
SIDEWALKS
23. 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.
2� 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 three 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 intersections of the streets, roads, and
highways identified under this paragraph having curbs or other barriers to entry from a
street level pedestrian walkway.
25. 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.
26. 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 three 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.
27. 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.
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WEB -BASED SERVICES AND PROGRAMS
28. 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 — the
technical assistance document, "Accessibility of State and Local Government Websites to
People with Disabilities," which is Attachment H to this Agreement (it is also available at
www.ada.gov/websites2.htm).
29. Within three months of the effective date of this Agreement, and throughout the life of
the Agreement, the City will do the following:
a. Establish, implement, and post online a policy that its web pages will be
accessible and create a process for implementation;
b. Ensure that all new and modified web pages and content are accessible;
c. Develop and implement a plan for making existing web content more accessible;
d. Provide a way for online visitors to request accessible information or services by
posting a telephone number or e-mail address on its home page; and
e. Periodically (at least annually) enlist persons with disabilities to test its pages for
ease of use.
PHYSICAL CHANGES TO FACILITIES
30. The elements or features of the City's facilities that do not comply with the Standards,
including those listed in Attachments I, J, and K, 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.
31. The City will comply with the cited provisions of the Standards when taking the actions
required by this Agreement.
32. Within 12 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.
33. 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 I.
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34. 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 J.
35. 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 K.
MISCELLANEOUS PROVISIONS
36. 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.
37. 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).
38. 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.
39. 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
40. 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
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the prior written approval of the Department, which approval will not be unreasonably
withheld or delayed.
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
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46. This Agreement will remain in effect for four years.
47. This Agreement has been approved by the Miami City Commission by Resolution
passed and adopted on July , 2005.
48. The effective date of this Agreement is October 1, 2005.
For the United States:
For City of Miami, a municipal
corporation of the State of Florida,
on:
By:
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
By: MARY LOU MOBLEY, Senior Counsel
JOE ARRIOLA, City Manager ELIZABETH BACON, Supervisory Attorney
SUSAN GEIPE QUINN, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
ATTEST: Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
By: Washington, DC 20530
PRISCILLA A. THOMPSON,
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
By:
JORGE L. FERNANDEZ,
City Attorney
Date:
Date:
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