U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF MANHATTAN, MONTANA DEPARTMENT OF JUSTICE COMPLAINT NUMBER 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 Town of Manhattan, Montana (Town). The complaint alleges that the programs, services, and activities offered by the Town in the Town Hall are inaccessible to individuals with mobility impairments. The Department 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 Town with Title II of the ADA and the Department's implementing Title II 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. S 12133, to bring a civil action enforcing Title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of 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 Town of Manhattan, Montana. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the Town because it is a public entity as defined in 42 U.S.C. 12131. 2. The Town owns and operates the Town Hall located at 103 S. Broadway, Manhattan, Montana 59741. 01-06313 - 2 - 3. 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 Town. 4. Under the ADA, the services, programs, or activities provided in the Town Hall, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 5. The subject of this Settlement Agreement is the provision of access to the services, programs, and activities provided in the Town Hall. 6. As of the effective date of this Agreement, the Town will permanently move its Town Council meetings to the Senior Center on the first floor of the Town Hall. The Town will provide written certification that it has done this within 14 days of the effective date of this Agreement. 7. As of the effective date of this Agreement, the Town will make it a condition of the use of the downstairs meeting room in the Town Hall by private groups, such as Alcoholics Anonymous, that the meeting will be moved to an accessible location upon notice that an individual with a mobility impairment requests access to the meeting. The Town will provide written certification that it has done this within 14 days of the effective date of this Agreement. 8. As of the effective date of this Agreement, the programs, services, and activities provided by the Town Office, the Municipal Court, the Town cashier, and other Town services located on the second floor of the Town Hall will be made accessible through the provision of the service at an alternative location or the assignment of an aide to deliver the service. The Town must continue to post notices in public buildings to publicize that people who need accommodations to use Town programs, services, and activities should contact a Town employee to request that accommodation. The Town will provide written certification within 14 days of the effective date of this Agreement describing how it will provide these Town services in an accessible manner, as well as how it will publicize that these services are accessible. 9. Within 90 days of the effective date of this Agreement, the Town will install a ramp at the side entrance of the Town Hall that complies with section 4.8 of the Americans with Disabilities Act Standards for Accessible Design (Standards) or section 4.8 of the Uniform Federal Accessibility Standards (UFAS) or, if the Town chooses to use a portable ramp at the side entrance, it will purchase such a ramp and install a notification device (i.e., a doorbell) at this entrance to alert a Town employee that an individual desires access to the building. The 01-06314 - 3 - Town must ensure that the ramp can be installed promptly and that it is available to individuals with mobility impairments during all times that the general public can gain access to the Town Hall. If a portable ramp is used, due consideration shall be given to safety features such as non-slip surfaces, railings, anchoring, and strength of materials. The side entrance will be accessible by a route that complies with section 4.3 of the Standards or section 4.3 of UFAS, and appropriate signage complying with section 4.30 of the Standards or section 4.30 of UFAS will also be posted directing individuals with mobility impairments to this accessible entrance. The Town will notify the Department with written certification and photographs within 14 days after completing this action. 10. Within 90 days of the effective date of this Agreement, the Town will ensure that the water fountain on the first floor of the Town Hall (if one is provided to the public) complies with section 4.15 of the Standards or section 4.15 of UFAS. The Town will notify the Department with written certification and photographs within 14 days of completing these actions. If the Town chooses not to provide a water fountain to the public, it will notify the Department of this decision. 11. Within 180 days of the effective date of this Agreement, the Town will renovate the unisex bathroom in the Town Hall to comply with the Standards or with UFAS. Prior to reconstruction, the Town will submit an architectural drawing, or detailed description with specifications, of the renovation of the bathroom(s) to bring them into compliance. The Town will notify the Department with written certification and photographs within 14 days after completing this action. 12. Within 240 days of the effective date of this Agreement, the Town will create a van accessible parking space at the Town Hall that complies with section 4.6 of the Standards. The Town will also install a curb cut that complies with section 4.7 of the Standards or section 4.7 of UFAS in order to provide an accessible path of travel from the parking space to the City Hall. The Town will notify the Department with written certification and photographs within 14 days after completing these actions. 13. If at any time the Town 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. 01-06315 - 4 - 14. 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. 15. 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. 16. In the event that the Town 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, all terms of this Agreement shall become enforceable in an appropriate Federal court. 17. 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 Town or the Department on request. 18. The Town of Manhattan does not admit by the signing of this Agreement that the operation of its current services, policies, and practices, is in violation in any respect of the ADA or its implementing regulations. 19. The effective date of this Agreement is the date of the last signature below. 20. 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 01-06316 - 5 - 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. For the Town: For the United States: (Signature) (Signature) ____________________________ ________________________ (Handwritte) Mayor Merrily A. Friedlander, Acting Chief Naomi Milton, Attorney Robb Wolfson, Investigator Coordination & Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date NOV 29, 1994 Date 12/12/94 01-06317 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 The Honorable Dennis Grue Mayor, Town of Manhattan 103 S. Broadway Manhattan, Montana 59741 DEC 12 1994 (STAMP) Re: Complaint Number X Dear Mayor Grue: This letter is to inform you that the Settlement Agreement between the Town of Manhattan and the Department of Justice concerning compliance with Title II of the Americans with Disabilities Act of 1990 (ADA) became effective on December 9, 1994. Enclosed is a copy of the fully-executed Settlement Agreement. The complainant alleged that the programs, activities, and services provided by the Town at the Town Hall, including the Town Council meetings, Library, and Senior Center, were physically inaccessible to individuals using wheelchairs. The Agreement states that the Town of Manhattan will make structural changes to the Town Hall and/or will continue providing alternative programmatic access to make the programs and services provided there fully accessible to individuals using wheelchairs. The Coordination and Review Section will monitor the Town's progress in implementing the requirements of the Settlement Agreement. The Town should provide written certification to the Department that it has completed paragraphs 6, 7, and 8 by December 23, 1994. By March 9, 1995, the Town should provide written certification and photographs to the Department that it has completed paragraphs 9 and 10. Finally, the Town should provide written certification and photographs to the Department that it has completed paragraphs 11 and 12 by June 9, 1995, and August 9, 1995, respectively. 01-06318 - 2 - Under the Freedom of Information Act, it may be necessary to release this document and records related to these complaints in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. We appreciate the cooperation of the Town's officials during the investigation and resolution of this complaint. If you have any questions concerning this letter, please feel free to call Mr. Robb Wolfson at (202) 307-1378. In addition, we request that you submit the Town's monitoring reports to the attention of Mr. Wolfson and include the complaint number listed above. We look forward to working with you in the future. Sincerely, Merrily A. Friedlander Acting Chief, Coordination and Review Section Civil Rights Division Enclosure 01-06319