SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE GENESEE COUNTY, MICHIGAN, BOARD OF COMMISSIONERS DEPARTMENT OF JUSTICE COMPLAINT NUMBER XXXX NEW COMPLAINT NUMBER XXXX This matter was initiated by a complaint 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 the Genesee County, Michigan, Board of Commissioners (County). The complaint alleges that the restroom facilities located in the Genesee County Probate 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 complaint in this matter to determine the compliance of the County 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. In order to avoid the burdens and 01-06016 -2- expenses of an investigation and possible litigation, 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 a Probate Court building, commonly known as the McAvinchey Building and located at 919 Beach Street, Flint, Michigan, in Genesee County. 3. Because of architectural barriers, the restroom facilities provided by the County in the Probate Courthouse are not readily accessible to all 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. Under the ADA, the services, programs, or activities provided in the Probate Court building, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 6. The subject of this Settlement Agreement is the provision of access to the services, programs, and activities provided in the Probate Court building. 7. Within six months from the effective date of this Agreement, the County will complete construction of an accessible unisex restroom and will submit a final report to the Department. The report will include an architectural drawing or detailed description with specifications of the completed acessible restroom. 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. 8. If at any time the County desires to modify any portion of this Agreement 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. Such agreement shall not unreasonably be withheld. 01-06017 -3- 9. In the event that the County 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, all terms of this Agreement shall become enforceable in an appropriate Federal court. 10. The Department may review compliance with this Agreement at any time. If it determines that this Agreement 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. 11. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect 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. 12. 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. 13. The effective date of this Agreement is the date of the last signature below. 14. 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 County's continuing responsibility to comply with all aspects of the ADA. For the County: For the United States: Daniel T. Kildee, Chairperson Genesee County Board of Naomi Milton Commissioners Coordination and Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date Date 01-06018 U.S. Department of Justice Civil Rights Division Coordination and Reviw Section P.O. Box 66118 Washington, D.C. 20035-6118 APR 13 1994 Ms. Tracy Collier-Nix Affirmative Action Officer County Administration Building 1101 Beach Street, Room 343 Flint, Michigan 48502-1454 Re: Complaint Number XXXXX Dear Ms. Collier-Nix: Enclosed please find a copy of the Settlement Agreement signed by representatives of Genesee County and the Department of Justice. Please note that the effective date of the Agreement is April 11, 1994, the date of the last signature on the Agreement. We will continue to monitor your compliance with this Agreement until all of its provisions have been fulfilled. Thank you for your cooperation in this matter. If you have any questions, please feel free to call Ms. Naomi Milton, the attorney assigned to this case, at (202) 514-9807. Sincerely, Merrily Friedlander Acting Chief Coordination and Review Section Civil Rights Division 01-06019