SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF MOSCOW, IDAHO
DEPARTMENT OF JUSTICE NUMBER
204-22-46

BACKGROUND

A.    SCOPE OF THE INVESTIGATION

     The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Moscow, Idaho ("City") 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.

     The review was conducted by the Disability Rights Section (DRS) of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements:

B.    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 to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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.

  3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with § 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, 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.

C.     ACTIONS TAKEN BY THE CITY

  1. The City conducted a self-evaluation in July 1992 to comply with the ADA. It also developed a transition plan and updated the plan in December 1992. The documents show a thorough review, aided by an advisory committee that included individuals with architectural expertise and persons with disabilities.

  2. In the wake of its self-evaluation, the City took steps to bring its employment policies into compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application and are prohibited in the interview process. Its policies recognize the City's obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment; to reasonably accommodate applicants and employees with disabilities upon notice of need, unless to do so causes an undue hardship; and to keep medical information confidential and separate from employees' personnel files.

  3. The City Council issued a resolution dated April 6, 1992 that notified applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulation.

  4. In that same resolution, the City has named an ADA Coordinator to oversee its compliance with the requirements of title II, who remains the Coordinator to this date.

  5. The City adopted an ADA grievance procedure by resolution of the City Council prior to January 26, 1992. The procedure provides for a grievance to be lodged with the ADA Coordinator, with an appeal to the City Council.

  6. The City's transition plan focused on physical changes to provide program access. The City embarked on a program to install signage designating the location of accessible facilities and services; to widen doors at several buildings; install accessible playground equipment; install entrance ramps; renovate restrooms; and install curb ramps and accessible parking.

  7. The City installed a telecommunications device for the deaf (TDD) at each of its main departments/divisions for communicating with persons who are deaf, and has published the telephone numbers for these in the local telephone book.

  8. The parties to this Agreement are the United States of America and the City of Moscow, Idaho. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

  1. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing civil suit in this matter regarding ¶¶ 14-31 below, except as provided in ¶¶ 34, 36.

  2. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("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. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A.    POLICIES AND PROCEDURES

  1. Within 30 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment B) to department heads 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 the Agreement. Copies will also be provided to any person upon request.

  2. Within 30 days of the effective date of this Agreement, the City will install signage in the City Council chambers to notify patrons of the availability of an assistive listening system. §§ 4.1.3(19)(b), 4.30.7(4) & Fig. 43(d).

  3. Within 60 days of the effective date of this Agreement, the City will identify vendors that Braille documents, and will develop written procedures for fulfilling requests from the public for qualified sign language interpreters, documents in alternate formats (Braille, large print, cassette tapes, etc.), receivers for the City Council's portable assistive listening system, and other auxiliary aids.

  4. The City will report to the Department within 90 days of the effective date of this Agreement the actions it has taken to comply with ¶¶ 14-16 noted above.

  5. Within six months of the effective date of this Agreement, the City will develop a method for providing information for interested persons with disabilities concerning the existence and location of the City's accessible programs, activities, and services, and submit documentation of the information and method of delivery to the Department.

B.     SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES

  1. Within one year of the effective date of this Agreement, the City will survey the facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances, not all of which are accessible, and install signage as necessary in compliance with 28 C.F.R. § 35.163(b).

C.    CITY TELEPHONE COMMUNICATION

  1. Within 60 days of the effective date of this Agreement, the City will publicize the TDD telephone numbers for the City and its departments on the same basis as its voice numbers. Within nine months of the effective date of the Agreement or until current supplies are exhausted, whichever occurs first, the City will publish the TDD number on the letterhead and business cards of the City and its departments.

D.    PHYSICAL CHANGES

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

  1. The City shall complete the following alterations to the Hamilton-Lowe Aquatics Center prior to the beginning of the next summer season - on or about June 1, 2001:

    1. Women's and Men's Changing Rooms

      1. Some of the lockers outside the changing rooms are within the reach ranges for persons who use wheelchairs, but operation of the locks requires twisting of the wrist. Ensure that lock hardware on at least one locker of each type is within accessible reach range and is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(12)(a), 4.25.3, 4.25.4, 4.27.4.

      2. The changing rooms have permanent room signage, but it is mounted on the doors to the rooms. Provide signage on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

      3. The shelves in the men's changing room are 60 ½ inches above the finish floor. Provide at least one shelf that is within the reach ranges specified in the Standards. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

      4. The hot water and drain pipes beneath the lavatories in each room are exposed. Install insulation on these pipes in each room. §§ 4.1.3(11), 4.23.6, 4.19.4.

      5. One of the toilet paper dispensers in the accessible stall in each room is located 39 inches from the back wall. Re-mount each dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches to the centerline of the roll from the finish floor. §§ 4.1.3(11), 4.23.4, 4.17.3 & Fig. 30(d).

      6. Provide a roll-in shower without a shower seat and install grab bars in compliance with Figure 35. §§ 4.1.3(11), 4.23.8, 4.21, Figure 35 and figure 57. (Also see below in unisex toilet rooms adjacent to changing rooms - 21.b.(4))

      7. The coat hooks in the accessible toilet rooms are 55 inches above the finish floor. Provide a coat hook in each toilet room that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.6.

    2. Unisex Toilet Rooms Adjacent to Changing Rooms

      1. The unisex toilet rooms adjacent to the changing rooms have permanent room signage, but it is mounted on the door. Provide signage on the wall adjacent to the latch side of the doors so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the doors. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

      2. The coat hooks in the unisex toilet rooms adjacent to the changing rooms are 55 inches above the finish floor. Provide a coat hook in each room that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.6.

      3. Provide a roll-in shower without a shower seat and install grab bars in compliance with Figure 35. §§ 4.1.3(11), 4.23.8, 4.21, Figure 35 and Figure 57.

      4. The shelves in the changing rooms are 60 ½ inches above the finish floor. Provide at least one shelf that is within the reach ranges specified in the Standards. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

    3. Unisex Toilet Room at Lifeguard Station

    4. The unisex toilet room adjacent to the Lifeguard/First Aid Room has permanent room signage, but it is mounted on the door. Provide signage on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

    5. This toilet room has two lavatories, neither of which has insulated hot water and drain pipes. Install insulation on the hot water and drain pipes of at least one of the lavatories. §§ 4.1.3(11), 4.22.6, 4.19.4.

  2. The City shall complete the following alterations to the Animal Shelter within two years of the effective date of this Agreement:

    1. The parking lot has nine spaces and three more will soon be added; none is accessible. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5)(a), (b), 4.1.2(7)(a), 4.6.4, 4.30.7.

    2. The route from the accessible entrance to the kennel area is 30 inches wide due to the placement of barrels in the hallway. Establish and maintain an accessible route from the entrance to the kennels that has a minimum clear width of at least 36 inches. §§ 4.1.3(1), 4.3.3.

    3. The top of the service counter is 48 ½ inches above the floor. Provide a counter that is at least 36 inches long and not more than 36 inches high, or an auxiliary counter that is not more than 36 inches high in close proximity to the main counter, or provide equivalent facilitation (e.g., use of a folding shelf or use of space on the side of the counter for handing materials back and forth). § 7.2.2.

    4. The centerline of the water closet (toilet) is located 19 ½ inches from the side wall. Reposition the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22,4, 4.16.4, Figure 28.

    5. The height of the lavatory in the toilet room provides a clear knee space of 27 ½ inches above the finish floor. Raise the lavatory so that there is a clearance of at least 29 inches above the finish floor to the bottom of the apron and the lavatory otherwise complies with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

    6. The location of the drinking fountain intrudes upon the clear floor space required at the toilet. Relocate the drinking fountain. §§ 4.1.3(11), 4.22.4, 4.16.2, Figure 28
      7. .

In order to ensure that the following spaces in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

  1. Within 30 days of their availability, submit to the Department the detailed design drawings for the alterations to the "1912 Building," which was recently acquired for conversion to a community center. The Department will review the drawings for conformity to the ADA Standards for Accessible Design within 45 days of receipt, and the City will alter the Building in compliance with the Standards within one year of receipt of the Department's comments. Also see paragraph 26.(e) below.

  2. Within 30 days of the effective date of this Agreement, submit to the Department the detailed design drawings for the alterations to the Mann Building. The Department will review the drawings for conformity to the ADA Standards for Accessible Design within 45 days of receipt, and the City will modify the Building in compliance with the Standards within one year of receipt of the Department's comments.

  3. The City shall complete the following remediations to the City Hall and Community Center within three months of the effective date of this Agreement:

    1. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

    2. The entrance ramp has a drop off but no edge protection. Install edge protection in compliance with the Standards. § 4.8.7, Fig. 17.

    3. The 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 a handrail extension that is either rounded or returned smoothly to the ground or post and is not a protruding object. §§ 4.8.5(6), 4.4.1.

    4. The coat hook on the accessible men's toilet room door on the third floor is 66 ½ inches above the floor. Lower the coat hook to no more than 54 inches above the finish floor for a side reach. §§ 4.25.3, 4.2.6.

    5. The lock on the door to the first-floor men's room requires twisting of the wrist to operate. Replace the lock with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

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 following actions.

  1. The City shall complete the following alterations to the Eggan Youth Center within one year of the effective date of this Agreement:

    1. The hot water and drain pipes beneath the lavatory in the unisex toilet room are exposed. Install insulation on these. § 4.19.4.

    2. The side grab bar in the toilet room extends 39 inches from the back wall, instead of the required 54 inches. The side wall itself is 48 inches long. Reposition or replace the grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and its end farthest from the back wall is located 48 inches from the wall. § 4.16.4 & Fig. 29(b).

    3. The toilet paper dispenser is installed above the grab bar. Provide a toilet paper dispenser that is within reach, below the grab bar and at least 19 inches above the finish floor to the centerline of the roll. § 4.16.6 and Figure 29(b).

    4. There are a set of women's and men's toilet rooms in the Center that are not accessible. Install directional signage indicating the location of the accessible unisex toilet room. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5,4.30.7.

    5. The kitchen in the Eggan Youth Center will no longer be used by the public. The City plans to provide a new kitchen facility in the "1912 Building." Within 30 days of their availability, the City will submit to the Department the detailed design drawings for the kitchen alterations. The Department will review the drawings for conformity to the ADA Standards for Accessible Design within 45 days of receipt, and the City will alter the kitchen plans in compliance with the Standards within one budget year of the effective date of this Agreement. Also see paragraph 23 above.

  2. The City shall complete the following alterations at its parks within the time frames noted for each item listed below:

    1. Mountain View Park

      1. There are too few accessible parking spaces (1 of 80 spaces in one lot, 1 of 144 in the other lot), both lack access aisles, one lacks signage, and there is no designated van-accessible space. The City will establish accessible parking spaces that conform in number and all other respects with the Standards within one year of the effective date of this Agreement. §§ 4.1.2(5)(a), (b), 4.1.2(7)(a), 4.6, 4.30.7.

      2. The rim of the urinal in the men's room is 19 ½ inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor within one year of the effective date of this Agreement. § 4.18.2.

      3. One of the toilet paper dispensers in the accessible stall in the men's and women's toilet rooms is located 44 inches from the back wall. Re-mount each dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finish floor to the centerline of the roll within one year of the effective date of this Agreement. § 4.17.3 & Fig. 30(d).

      4. The playground equipment cannot be accessed because of the lack of an accessible route from the accessible parking spaces. Establish an accessible route to the playground that complies with the Standards within two years of the effective date of this Agreement. §§ 4.3.6, 4.5.1.

    2. Kiwanis Park

      1. There is no accessible route from the parking lot to the picnic shelter. Establish an accessible route from street parking to the shelter that complies with the Standards within two years of the effective date of this Agreement. §§ 4.3, 4.5.

      2. There is no accessible signage designating the men's and women's toilet rooms. Install signage, with raised and Brailled characters, on the walls adjacent to the latch side of the door to each room so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door within two years of the effective date of this Agreement. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

      3. There are twist-type faucets on the lavatory in each toilet room. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist within two years of the effective date of this Agreement. §§ 4.19.5, 4.27.4.

      4. The control for the paper towel dispenser is 58 inches high in each toilet room. Provide a paper towel dispenser in each room with a control that is no more than 48 inches above the finish floor for a forward reach or no more than 54 inches above the finish floor for a side reach within two years of the effective date of this Agreement. § 4.27.

      5. The clear floor space at the water closet in each room is 32 inches wide because of the placement of a privacy wall. Remove the wall in each room so that there is a minimum clear floor space that is 48 inches wide within five years of the effective date of this Agreement . §§ 4.16.2 & Fig.28.

    3. Ghormley Park

      1. There are two accessible parking spaces but neither is designated van-accessible. Alter the spaces to provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility within one year of the effective date of this Agreement. §§ 4.1.2(5)(b), 4.1.2(7)(a), 4.6.4, 4.30.7.

      2. The toilet rooms are inaccessible. Construct an accessible unisex toilet room or renovate the current facilities to comply with the Standards within five years of the effective date of this Agreement. §§ 4.1.6(3)(e)(i), 4.13, 4.16 (& Figs. 28, 29), 4.17 (& Fig. 30), 4.18, 4.19 (& Figs. 31, 32), 4.22, 4.26, 4.27, 4.30.

      3. There is no accessible route from the accessible parking to the tennis courts or playing fields. Establish an accessible route from the street to the tennis courts and playing fields that is firm, stable, and slip resistant and otherwise complies with the Standards within two years of the effective date of this Agreement. § 4.3, 4.5.

    4. Lena Whitmore Park

      1. There is an accessible route to the picnic shelter that is obscured by a large pillar behind the shelter. Install directional signage indicating the accessible route to the picnic shelter using the international symbol of disability within one year of the effective date of this Agreement. §§ 4.1.2(7)(c), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

      2. There is a change in level from the surrounding sidewalk to the picnic shelter, which is situated on an elevated concrete pad. Install an accessible ramp so that there is an accessible route into the shelter within five years of the effective date of this Agreement. §§ 4.3.8, 4.8.

      3. The toilet rooms are inaccessible. Construct an accessible unisex toilet room or renovate the current facilities to comply with the Standards within five years of the effective date of this Agreement. §§ 4.1.6(3)(e)(i), 4.13, 4.16 (& Figs. 28, 29), 4.17 (& Fig. 30), 4.18, 4.19 (& Figs. 31, 32), 4.22, 4.26, 4.27, 4.30.

    5. East City Park

      1. Toilet Rooms

        1. There is no accessible signage designating the men's and women's toilet rooms. Install signage, with raised and Brailled characters, on the walls adjacent to the latch side of the door to each room so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door within five years of the effective date of this Agreement. 4.30.1, 4.30.4, 4.30.5, 4.30.6.

        2. The toilet paper dispenser in the men's toilet room is outside the location specified in the Standards. Provide a dispenser below the side grab bar that otherwise complies with the Standards in both the men's and the women's rooms within five years of the effective date of this Agreement. § 4.17.3 & Fig. 30(d).

        3. There are twist-type faucets on the lavatory in the women's toilet room. Provide faucets in both the men's and women's rooms with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist within five years of the effective date of this Agreement. §§ 4.19.5, 4.27.4.

  3. The City shall complete the following remediations to the Library within two years of the effective date of this Agreement:

    1. There is a sign posted at the metered parking lot across the street from the Library that reads "Library Parking." If some or all spaces at this lot are designated for Library patrons, then establish accessible parking spaces, including van accessible parking spaces, in the lot that conform in number and all other respects with the Standards. §§ 4.1.2(5)(a), (b), 4.1.2(7)(a), 4.6, 4.30.7.

    2. The accessible men's and women's toilet rooms in the Library annex do not have signage designating them as accessible. Identify the accessible toilet rooms with signage displaying the International Symbol of Accessibility. Install signage with raised and Brailled characters on the walls adjacent to the latch side of the door to each room so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

    3. There is no directional signage indicating the location of the accessible toilet rooms within the Library complex. Install signage at the inaccessible toilet rooms that directs patrons to the accessible toilet rooms in the annex. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

    4. The entrance walkway is over 36 feet long and sloped. An accessible route with a running slope greater than 1:20 is a ramp. A ramp sloped 1:12 to less than 1:16 may have a maximum horizontal projection of 30 feet. For a ramp sloped 1:16 to less than 1:20, the maximum allowable projection is 40 feet. Ramps shall have level landings at the top and bottom of each ramp and each ramp run, and handrails that comply with the Standards. §§ 4.3.7, 4.8 & Fig. 16, 4.26.

      Survey the ramp and provide a report and proposal to the Department for bringing the walkway into compliance with the Standards, as necessary, or for providing access to the library's programs through alternate methods (e.g., the installation of a buzzer or intercom at the entrance to the walkway for individuals with mobility impairments who need assistance) within six months of the effective date of this Agreement.

  4. The City shall make the following alterations to the City Hall Annex within 90 days of the effective date of this Agreement:

    1. The main entrance to the Police Department is inaccessible but is equipped with a buzzer and intercom, and directional signage to the accessible entrance on the other side of the annex. The accessible entrance is locked after hours, however. The City will adopt a policy and procedure to ensure that persons with mobility impairments who use the accessible entrance have access to the Department equal to that of persons who use the inaccessible entrance. 29 C.F.R. § 35.130(b)(ii).

    2. The accessible toilet rooms in the City Hall Annex have door knobs that require twisting of the wrist to operate. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

    3. The accessible toilet rooms in the City Hall Annex have room designation signage mounted on the doors. Install signage, with raised and Brailled characters, on the walls adjacent to the latch side of the door to each room so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

    4. The toilet rooms on the Police Department side of the Annex are inaccessible. Install signage at the inaccessible toilet rooms in the Police Department that directs persons to the accessible route to accessible toilet rooms on the other side of the Annex. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

  5. The City uses space in schools owned by the Moscow School District for its recreational programs. The Moscow School District is a public entity subject to title II, and could thus be subject to an independent federal compliance review. This Agreement does not limit such future enforcement by any person or entity.

    The City will share a copy of this report with the School District and request the District to take the following actions. The request will specify that the remediations be completed within three years of the effective date of this Agreement.

    1. McDonald Elementary School

      1. The toilet rooms near the gymnasium are not accessible. Install signage at the inaccessible toilet rooms near the gymnasium that directs persons to the accessible toilet rooms near the multi-purpose room. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

      2. The toilet rooms near the multi-purpose room lack accessible room designation signage and are not identified with the International Symbol of Accessibility. Identify the accessible toilet rooms with signage displaying the International Symbol of Accessibility. Install signage, with raised and Brailled characters, on the walls adjacent to the latch side of the door to each room so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

    2. Moscow Junior High

      1. There are two designated accessible parking spaces provided. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

      2. The entrance doors to the men's and women's toilet rooms serving the multipurpose room have a clear opening width of 29 ½ inches. Alter the doorways to provide a minimum clear opening of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. § 4.13.5.<
        3. /P>

      3. The women's toilet room serving the multipurpose room has three stalls, none of which is accessible. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall's elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Figure 30(a), 4.22.4, 4.26, 4.27.

      4. The pressure required to open the door to the women's toilet room serving the multipurpose room exceeds 5 pounds. Adjust the door so that the required pressure is not more than 5 pounds. § 4.13.11(2)(b).

      5. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms at the Field House are exposed. Install insulation on these pipes in each room. § 4.19.4.

      6. The toilet paper dispenser in the accessible stall in the women's toilet room at the Field House is mounted 49 ½ inches from the back wall. Provide dispensers in each stall in both the men's and women's rooms so that the farthest edge of each toilet paper dispenser is located no more than 36 inches from the back wall. § 4.17.3 & Fig. 30(d).

    3. Lena Whitmore Elementary School

      1. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

      2. The lock on the girls' toilet room door requires twisting of the wrist to operate. Check the lock on the boys' toilet room door and replace each lock, as necessary, with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

      3. The stall in the boys' toilet room is 38 inches wide. Check the stall in the girls' toilet room and provide, in each, as necessary, a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall's elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Figure 30(a), 4.22.4, 4.26, 4.27.

    4. Russell Elementary School

      The City uses the gymnasium for recreational programs. The gymnasium is inaccessible to persons with mobility impairments as are the toilet rooms that service this area. The City will request the School District to ensure that any program scheduled at this facility will be relocated to an accessible facility upon notice, delivered to the City ADA Coordinator at least one week in advance of the program, by an individual with a mobility impairment that he or she intends to participate in or observe the program. 28 C.F.R. § 35.150(b)(1).

    5. Westpark Elementary School

      1. The accessible parking space is behind the building at some distance from the accessible entrance. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van accessible sign mounted below the symbol of accessibility that is on the shortest accessible route of travel from adjacent parking to the accessible entrance. §§ 4.1.2(5)(b), 4.6.2, 4.6.4.

      2. The ramp to the accessible entrance has a drop-off but no edge protection. Install curbs, walls, railings, or projecting surfaces in compliance with the Standards. § 4.8.7 & Fig. 17.

      3. The door to the accessible entrance is kept locked for security reasons. Ensure that the door remains unlocked during the City's program hours, or install a buzzer to summon a program official to open the door as needed. 29 C.F.R. § 35.130(b)(1)(ii).

      4. The entrance doors to the men's and women's toilet rooms have a clear opening width of 29 ½ inches. Alter the doorways to provide a minimum clear opening of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. § 4.13.5.

      5. The door to the accessible stall in the women's toilet room has a clear opening width of 30 ½ inches. Alter each door to the accessible stalls in the men's and women's rooms to provide a minimum clear opening of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. §§ 4.17.5, 4.13.5.

    6. Moscow Senior High School

      1. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van accessible sign mounted below the symbol of accessibility that is on the shortest accessible route of travel to the accessible entrance. §§ 4.1.2(5)(b), 4.6.2, 4.6.4.

      2. The coat hook in the women's restroom serving the gymnasium is 66 ½ inches high. Check the coat hook in the men's room and provide a coat hook in each room, as necessary, that is no more than 54 inches above the finish floor for a side reach. §§ 4.25.3, 4.2.6.

      3. The hot water and drain pipes beneath the lavatory in the women's toilet room serving the gymnasium are exposed. Install insulation on the hot water and drain pipes in both the men's and women's rooms. § 4.19.4.

      4. There are twist-type faucets on the lavatory in the women's toilet room serving the gymnasium. Provide faucets in both the men's and women's rooms with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist. §§ 4.19.5, 4.27.4

  6. The City uses the Fire Department Building, which is owned by the Moscow Volunteer Fire Department, to provide permits to residents, conduct business regarding building inspections by the fire marshal, conduct school tours, and host training programs, parties, receptions and the like in the public meeting room on the second floor, which is accessible only by stairs.

    The City will request the Fire Department to ensure that any program scheduled to take place on the second floor of this facility will be relocated to an accessible facility upon notice, delivered to the City ADA Coordinator at least one week in advance of the program, by an individual with a mobility impairment that he or she intends to participate in or observe the program. 28 C.F.R. § 35.150(b)(1).

IMPLEMENTATION AND ENFORCEMENT

  1. Except as otherwise specified in this Agreement, within six months of the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, and until the completion of this Agreement as set forth in paragraph 40, the City will submit a written report to the Department summarizing the actions the City has taken pursuant to this Agreement. The report will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations, if necessary.

  2. 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 shall not be unreasonably withheld or delayed.

  3. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it 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 directly to enforce title II or the terms of this Agreement, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

  4. 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 enforce other deadlines and provisions of this Agreement.

  5. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the City.

  6. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.

  7. The effective date of this Agreement is the date of the last signature below.

  8. 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, 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 City's continuing responsibility to comply with all aspects of the ADA.

  9. This Agreement will remain in effect for five years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

  10. The person signing for the City of Moscow represents that he or she is authorized to bind the City to this Agreement.

For the City of Moscow:


__________________________________      Date:______________
Attest: CHRISTINE BAINBRIDGE
City Clerk


__________________________________      Date:______________
MARSHALL COMSTOCK
Mayor


For the United States:

BILL LANN LEE
Acting Assistant Attorney General
for Civil Rights



By:__________________________________      Date:______________
   JOHN L. WODATCH, Chief
   L. IRENE BOWEN, Deputy Chief
   SUSAN B. REILLY, Supervisory Attorney
   THOMAS ESBROOK, Investigator
   Disability Rights Section
   Civil Rights Division
   U.S. Department of Justice
   P.O. Box 66738
   Washington, D.C. 20035-6738

ATTACHMENT A CITY OF MOSCOW BUILDINGS

City Owned Buildings

Building Year Constructed
City Hall Annex Building Upgrades
1929
Library
1920
Library Addition
1981
Sewage Treatment Building
1945
City Shop
1958
Eggan Youth Center
1966
Fire Station #2
1978
Water Treatment Plant
1974
City Hall
1911
   - Building Upgrades
1980 & 1995
Recycling Center
1993
Dog Pound
1995
Whitworth Building (now called "1912 Building") Currently under Design for Rehabilitation
1912
Employment Department Building
Existing facility
(now called "Mann Building" - under renovation)
Swimming Pool Buildings
2000

OTHER GOVERNMENTAL BUILDINGS
USED BY THE CITY OF MOSCOW

BuildingOwner Year Constructed
4-H BuildingLatah County
1975
Jr. High School Fieldhouse Multipurpose RoomMoscow School District
1958
McDonald School Moscow School District
1968
    - Gymnasium  
1991
    - Multipurpose Room 
1968
West Park School - Multipurpose RoomMoscow School District
1955
Russell School - Multipurpose RoomMoscow School District
1928
Lena Whitmore School - Multipurpose RoomMoscow School District
1951
High School - Gymnasium Moscow School District
1938
    - Building Upgrades 
1991
Fire Department BuildingMoscow Volunteer Fire Dept.
1927
    - Addition 
1954

ATTACHMENT B

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 Moscow (City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities.

The City does not discriminate on the basis of disability in its hiring or employment practices. The City 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. The City 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. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity. Employees' medical information is maintained separately from personnel files and protected by confidentiality.

The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters, assistive listening devices, and alternate formats, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service should contact the following officials; interpreter requests should be made as far in advance as possible but no later than 48 hours before the scheduled event: Randal F. Rice, Director of Parks and Recreation, 208-883-7085 (voice), 883-7042 (TDD) (facilities); ____________, Human Resources Director, 208- _________ (voice), ________ (TDD) (programs); __________, City Clerk, 208- _________ (voice), ________ (TDD) (City Council proceedings).

Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to Randal F. Rice. Complaints of disability-based discrimination against applicants for City employment or City employees should be directed to ___________.

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. July 2000