HomeMy WebLinkAboutSettlement Agreement with United States of America and City of MeridianSETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
CITY OF MERIDIAN, IDAHO
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-22-85
A. SCOPE OF THE INVESTIGATION
1. The parties to this Settlement Agreement ("Agreement") are the United States of America
and the City of Meridian ("City"). The City of Meridian, Idaho is a public entity. Its facilities
include Meridian City Hall, the common areas around City Hall, and the facilities (collectively
referred to as "city -owned facilities") listed in Exhibit A.
2. This matter originated as a compliance review of the city -owned common areas and
parking that surround City Hall, under title II of the Americans with Disabilities Act of 1990
(ADA), 42 U.S.C. §§ 12131-12134, and the United States Department of Justice's implementing
regulation, 28 C.F.R. Part 35. The compliance review did not include City Hall.
B. JURISDICTION
3. The ADA applies to the City because it is a "public entity" as defined by title II.
42 U.S.C. § 12131(1).
4. The United States 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 of Justice's title II
implementing regulation, to issue findings, and, where appropriate, to negotiate and secure
SETTLEMENT AGREEMENT -1
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.
In consideration of, and consistent with, the terms of this Agreement, the United States
agrees to refrain from filing a civil suit in this matter, except as provided in the section entitled
"Implementation and Enforcement."
C. INDEPENDENT LICENSED ARCHITECT
6. Within three (3) months of the effective date of this Agreement, the City will retain an
Independent Licensed Architect (ILA), approved by the United States, who is knowledgeable
about the architectural accessibility requirements of the ADA. The ILA must act independently
to certify whether any alterations, additions, or modifications made by the City to city -owned
facilities during the term of this Agreement comply with the applicable standard pursuant to 28
C.F.R. § 35.151(c) and the Appendix to 28 C.F.R. § 35.151(c). The City will bear all costs and
expenses of retaining and utilizing the ILA, including the costs and expenses of any consultants
and staff. The City will compensate this ILA without regard to the outcome.
7. In issuing certifications pursuant to this Agreement, the ILA will impartially prepare
reports with photographs identifying that the violation has been remediated and will use the
certification form at Exhibit B. The ILA will be considered a neutral inspector for purposes of
issuing certifications of compliance and will be reasonably available to the United States to
discuss findings in the reports, photographs, and certifications. The United States may also, in
its discretion, provide technical assistance to the ILA throughout the term of this Agreement.
Upon request by the United States, the City will provide prior notice to the United States of
inspections by the ILA to allow representatives of the United States to be present.
SETTLEMENT AGREEMENT - 2
8. The City will submit ILA certifications along with its reporting requirements as set forth
in this Agreement.
9. Within one year of the effective date of this Agreement, the City will have the ILA
survey all city -owned facilities identified in Exhibit A for the purpose of ensuring that all of the
City's existing programs, services, and activities, are readily accessible to and usable by people
with disabilities. The ILA shall identify any barriers to access and the City shall make all
corrections within three years of the date of this agreement.
D. PHYSICAL CHANGES TO PLAZA
10. The City will modify the current amphitheater seating to include spaces for two
wheelchairs to be integrated into the first row or seating in a manner as depicted in Exhibit C.
The City will continue to save spaces (as they have in the past) during planned events for
individuals in wheelchairs should they wish to sit on the plaza floor along with individuals who
bring their own chairs. Within one year of the effective date of this Agreement, the City will
submit the ILA's certification of the modifications to the amphitheater.
E. PHYSICAL CHANGES TO PARKING
11. The City will provide a total of five accessible parking spaces adjacent to City Hall,
including two spaces located in parking lots and three spaces located on the street.
a. The two side -by -side spaces in the public parking lot will be
retained. Signage will be corrected to comply with 2010 ADA Standards on or before
December 31, 2016. At all spaces designated as reserved for persons with disabilities,
provide vertical signs with the International Symbol of Accessibility located at least 60
inches above the finish floor or ground surface measured to the bottom of the sign.
SETTLEMENT AGREEMENT - 3
b. The City will continue to provide the current accessible parking in
the parking lot east of the city hall.
C. On or before December 31, 2016, the City will provide three
accessible parking spaces on East Broadway Avenue that comply with the 2010
Standards and are signed accordingly. See 2010 Standards 502.
d. On or before December 31, 2016, the City will submit the ILA's
certification of the modifications to the parking.
F. MISCELLANEOUS PROVISIONS
12. Except as otherwise specified in this Agreement, one year after the effective date of this
Agreement and annually thereafter until it expires, the City will submit written reports to the
United States Attorney's Office for the District of Idaho summarizing its actions pursuant to this
Agreement. Reports will include reports with certifications from the ILA, photographs showing
measurements, architectural plans, notices published in the newspaper, copies of adopted
policies, and proof of efforts to secure funding or assistance for structural renovations and
equipment.
13. Throughout the term 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,
including routinely testing accessibility equipment and routinely auditing the accessibility of its
programs and facilities within the City. This provision, however, does not prohibit isolated or
temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. §
35.133(b).
SETTLEMENT AGREEMENT - 4
G. IMPLEMENTATION AND ENFORCEMENT
14. The City may seek to modify this Agreement because of changed conditions making
performance impossible by notifying the United States in writing, setting forth the modification
and the facts to support it. Until there is written Agreement by the United States to the
modification, no modification will take effect. The United States' agreement will not be
unreasonably withheld.
15. The United States may review compliance with this Agreement at any time. The City
will cooperate with the United States. If the United States believes that the City has failed to
comply with this Agreement, then the United States will notify the City in writing and it will
attempt to resolve the non-compliance. If the United States is unable to resolve the non-
compliance within 30 days, then it may institute a civil action in federal district court to enforce
the terms of this Agreement and may take appropriate steps to enforce title II.
16. Failure by the United States to enforce any provision of this Agreement is not a waiver of
the United States' right to enforce other provisions of this Agreement.
17. This Agreement is a public document. Upon request, a copy of this Agreement will be
made available to any person by the City or the United States.
18. This Agreement is 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 will
be enforceable. This Agreement does not remedy any other potential violations of the ADA or
other federal law. This Agreement does not relieve the City of its continuing obligation to
comply with all aspects of the ADA.
19. This Agreement will remain in effect for three years.
SETTLEMENT AGREEMENT - 5
20. The person signing for the City represents that he or she is authorized to bind the City to
this Agreement.
21. The effective date of this Agreement is the date of the last signature below.
Executed this _ day of August, 2016,
FOR The City of Meridian:
TAMMY de WEERD
Mayor, City of Meridian, Idaho
WILLIAM L.M. NARY
Attorney for the City of Meridian
Executed this ' day of August, 2016
FOR THE UNITED STATES:
WENDY J. OLSON
By
CHRISTINOEALV ENGLAND
Assistant United States Attorney
SETTLEMENT AGREEMENT - 6
EXHIBIT A
List of City Owned Facilities for ILA Survey
1. Meridian Settlers Park 3245 N. Meridian Road
2. Julius M. Kleiner Memorial Park 1900 N. Records Avenue
3. Bear Creek Park 2400 S. Stoddard Road
4. Heroes Park 3064 W. Malta Drive
5. Storey Park 205 E. Franklin Road (Excluding Chamber of Commerce Visitor's
Center)
5a. Storey Bark Park (Off -Leash Dog Park) 430 E. Watertower Lane
6. Tully Park 2500 N. Linder Road
7. 8th Street Park 2235 N.W. 8th Street
8. Champion Park 3430 N. Troxell Way
9. Chateau Park 2640 W. Chateau Drive
10. Gordon Harris Park 2400 E. Three Bars Drive
11. Renaissance Park 4155 S. Genoard Avenue
12. Seasons Park 5300 W. Ridgeside Street
13 Centennial Park 223 E. Idaho Avenue
14. Community Center 201 E. Idaho Avenue
SETTLEMENT AGREEMENT - 7
EXHIBIT B
Certification of ADA Compliance
I, [insert name], in my capacity as an Independent Licensed Architect, retained by the
City of Meridian and approved by the United States, pursuant to the Settlement Agreement
executed by the parties on 2016, hereby CERTIFY to the best of my knowledge,
information, and belief that the elements identified on the attachment to this Certification are in
compliance with the physical accessibility requirements of the Agreement, and the Americans
with Disabilities Act's 2010 ADA Standards. This includes all Elements in Paragraphs
of the Settlement Agreement. A full description and location of each
referenced element is certified and signed, in the attachment, with photographs showing actual
dimensions and detail as needed.
Date
Signature of Independent Licensed Architect
SETTLEMENT AGREEMENT - 8
EXHIBIT C
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SETTLEMENT AGREEMENT - 9
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