SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND ANGELO COMMUNITY HOSPITAL BACKGROUND 1. This matter was initiated by a compliance review conducted by the United States Department of Justice (the "Department") of proposed alterations at Angelo Community Hospital ("Hospital"), in San Angelo, Texas. The Americans with Disabilities Act of 1990, 42 U.S.C. SS 12181-12189 (the "ADA" or the "Act"), authorizes the Department of Justice to undertake periodic reviews of compliance of entities covered under title III of the Act (places of public accommodation and commercial facilities). 42 U.S.C. S 12188(b)(1)(A)(i). 2. The parties to this Settlement Agreement ("Agreement") are the United States of America and Angelo Community Hospital, a place of public accommodation as defined in section 301(7)(F) of the Act and section 36.104 of the Department's implementing regulation. 42 U.S.C. S 12181; 28 C.F.R. S 36.104. The subject of this Agreement is the revision of architectural plans for alterations at Angelo Community Hospital, and the payment of civil penalties. FACTUAL HISTORY 3. By letter dated May 27, 1994, the Department of Justice informed Angelo Community Hospital that it had reviewed plans for alterations at the Hospital dated November and December 1993. The plans reviewed provide for an addition to the Hospital, as well as remodelling of an existing adjacent area. The two-story addition includes maternity and intensive care areas on the first floor and doctor's offices and exam rooms on the second floor. The remodelled adjacent area is on the first floor and includes operating rooms and intensive care. The Department found numerous possible violations of the Americans with Disabilities Act (ADA), 42 U.S.C. SS 12181-12189, and the Department of Justice's implementing regulation, 28 C.F.R. Pt. 36, in the proposed construction. 4. The Department informed the Hospital that its review of plans for alterations at Angelo Community Hospital revealed that several new or altered areas did not conform to the Standards for Accessible Design (28 C.F.R. pt. 36, Appendix A), including the provision of accessible parking, toilet rooms, visual alarms, drinking fountains, and interior and exterior doors. Specific problems included a large number of doors that were too narrow; an inadequate number of accessible patient rooms and visual alarms; provision of only two accessible toilet rooms out of 72 new toilet rooms; and a variety of other problems. 01-07363 - 2 - 5. Over the next several months, the Department engaged in an ongoing dialogue with representatives of J.C. McDurmitt Partners, Ltd., the architectural firm responsible for the design, construction documents and construction observation of the additions and alterations at Angelo Community Hospital ("Project XII") regarding these violations. 6. J.C. McDurmitt Partners, Ltd., agreed to revise its construction design for Project XII consistent with the ADA Standards for Accessible Design ("Standards"). ACCORDINGLY, IT IS HEREBY AGREED THAT 7. Project XII additions and alterations at Angelo Community Hospital shall conform with the ADA Standards for Accessible Design ("Standards") and section 36.402 of the title III regulation. Construction shall proceed according to architectural plans dated November 15, 1993, as revised March 1, 1994 and July 10, 1994, and further revised pursuant to the letter dated November 15, 1994, from Fred E. McDonald of J.C. McDurmitt Partners, Ltd., to Sheila M. Foran of the Department. Any further revisions or changes to these plans affecting usability of the altered areas shall be submitted to the Department for its approval. 8. Future alterations affecting the usability of Angelo Community Hospital, or a part thereof, will be completed in such a manner ensuring that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, i.e., will be completed consistent with the Standards and section 36.402 of the title III regulation. If it is determined that such alterations have not been constructed in compliance with the Standards, Angelo Community Hospital shall pay to the Department liquidated damages in the amount of $15,000 per alteration project. 9. Angelo Community Hospital shall make the accessibility improvements referred to in the letter dated July 5, 1995, to Mr. Robert E. Butler from Sheila M. Foran (including undertaking path of travel accessibility improvements at three toilet rooms within the newly altered area; reconfiguring four accessible parking locations to comply with ADA Accessibility Standard S 4.6.3; and supplying a text telephone for use at the public telephone in the ICU waiting room.) 10. Angelo Community Hospital shall pay civil penalties to the Department in the amount of $10,000. 01-07364 - 3 - ENFORCEMENT 11. The Attorney General is authorized, pursuant to section 308(b)(1)(B) of the Act, 42 U.S.C. S 12188(b)(1)(B), to bring a civil action enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this Agreement set forth above, the Attorney General agrees to refrain from taking more formal enforcement action in this matter. 12. In the event that Angelo Community Hospital fails to comply in a timely fashion with any requirement of this Agreement, all terms of this Agreement shall become enforceable in federal district court and the Attorney General is authorized to seek further civil penalties, pursuant to 42 U.S.C. S 12188(b)(2)(C). Failure by the Department of Justice to enforce this entire Agreement shall not be construed as a waiver of its right to do so with regard to specific provisions of this Agreement. The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this Agreement or any requirement thereof has been violated, it may institute a civil action for relief in federal district court. PUBLIC AGREEMENT 13. This document is a public agreement. A copy of this Agreement or any information contained herein may be made available to any person. Angelo Community Hospital or the Department of Justice shall provide a copy of this Agreement to any person upon request. EFFECTIVE DATE 14. This Agreement shall become effective as of the date of the last signature below. This Agreement shall be binding on all of Angelo Community Hospital's successors in interest, and the Hospital has a duty to so notify all such successors in interest. SCOPE OF AGREEMENT 15. 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 is limited to the facts set forth in paragraphs 1 through 6, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. This Agreement does not affect Angelo Community Hospital's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. Specifically, this Agreement does not affect 01-07365 - 4 - the Hospital's (1) duty to undertake readily achievable barrier removal at facilities owned or operated by the Hospital; (2) duty to provide auxiliary aids and services necessary for effective communication with patients who have disabilities; and (3) requirement to make reasonable modifications in policies, practices, and procedures, in order to afford services or benefits to persons with disabilities. 16. A signor of this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation or other entity to this Agreement. For the United States: Deval L. Patrick Assistant Attorney General By: (Signature) Date: August 11, 1995 JOHN L. WODATCH L. IRENE BOWEN SHEILA M. FORAN Attorneys Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 616-2314 For Angelo Community Hospital: By: (Signature) Date: 7/illegible/95 Robert E. Butler President Angelo Community Hospital 3501 Knickerbocker Road San Angelo, Texas 76904 01-07366