SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF BELVIDERE, NEW JERSEY DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-50-106 This Settlement Agreement is entered into by the Town of Belvidere, New Jersey (the "Town") and the United States of America, through the United States Department of Justice, Civil Rights Division, Disability Rights Section (the "Department of Justice"). WHEREAS, a complaint was filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, with the Department of Justice against the Town which alleges that certain services, programs, and activities of the Town are not accessible to persons with mobility impairments as they are located on the second floor of two buildings located at 301 2nd Street and 317 Water Street, and are only accessible by a steep staircase; WHEREAS, the Town alleges that it no longer uses the 317 Water Street location as a public building; that it intends to make programmatic changes to insure that the services, programs, and activities offered at the 301 2nd Street location are accessible; and that it has authorized the construction of a new municipal building, to begin in 1997 and which will conform to ADA standards (the "Facility"); and WHEREAS, 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 compliance with title II of the ADA and the Department of Justice's implementing regulation, to issue findings, and where appropriate, to negotiate and to secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. S 12133, to bring civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F; THEREFORE, the Town and the United States, desiring to resolve this matter without resort to litigation, agree to the following voluntary compliance agreement: 1. The ADA applies to the Town because it is a public entity as defined in the Department of Justice's regulation implementing title II of the ADA. 28 C.F.R. S 35.104. - 1 - 01-06509 2. In consideration for the Town's performance of its obligations under this Settlement Agreement, the Department of Justice agrees to refrain from undertaking further investigation of Complaint No. 204-48-48 and to refrain from filing a civil suit arising from it investigation of Complaint No. 204-48-48. 3. The Town agrees that the various services, programs, and activities that it provides to the public shall be made accessible to all qualified individuals. 4. The Town agrees that the Facility shall be designed and constructed in such a manner that the Facility is readily accessible to and usable by all qualified individuals with disabilities, in conformance with the American with Disabilities Act Standards for Accessible Design (Appendix A to 28 C.F.R. part 36). 5. For the Town's services, programs, and activities not available in accessible buildings, the Town agrees that the following notice, or a similar such notice, shall be posted at all entrances to all buildings from which the Town offers services, programs, and activities: In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the Town of Belvidere operates each service, program, or activity, so that each service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. Any individual with a disability requiring information, or needing assistance, should contact [name and telephone number], for additional information. 6. For the Town's services, programs, and activities not available in accessible buildings, the Town agrees that Town personnel shall meet qualified individuals with disabilities at accessible locations, if necessary, to assist in providing access to the Town's services, programs, and activities. 7. If the Department of Justice determines that this Settlement Agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this Settlement Agreement and other appropriate relief in any appropriate Federal court. 8. Failure by the Department of Justice to enforce the entire Settlement Agreement, or any provision thereof, shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Settlement Agreement. - 2 - 01-06510 9. In the event that the Town fails to comply in a timely manner with any requirement of this Settlement Agreement, without prior written agreement from the Department of Justice, this Settlement Agreement shall become enforceable in an appropriate Federal court. 10. This Settlement Agreement is a public document. A copy of this Settlement Agreement or any information contained in it may be made available to any person by the Town or the Department of Justice on request. 11. The effective date of this Settlement Agreement is the date of the last signature below. 12. This Settlement 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 Settlement Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Settlement Agreement does not affect the Town's continuing responsibility to comply with all aspects of the ADA. For the For the United States: Town of Belvidere: (Signature) (Signature) ____________________________ ___________________________ Bradley T. Libby, Mayor John L. Wodatch, Chief Joan A. Magagna, Deputy Chief Kirk M. Flagg, Attorney Disability Rights Section Civil Right Division U.S. Department of Justice. Date: December 16, 1996 Date: 1/2/97 - 3 - 01-06511