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HomeMy WebLinkAbout98-22752 RESO RESOLUTION NO. 98-22752 A RESOLUTION OF THE MAYOR AND CITY COMMISSION TO APPROVE THE SETTLEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE ASSOCIATION FOR DISABLED AMERICANS, INC., THE FLORIDA PARAPLEGIC ASSOCIATION, ERNST ROSENKRANTZ, AND DANIEL RUlZ, REGARDING THE IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT STANDARDS (ADA) WITHIN CITY FACILITIES, PROGRAMS AND SERVICES. WHEREAS, plaintiffs filed this action against defendant for its alleged violations of Title II of the American with Disabilities Act, 42 D.S.C. Paragraph 12131, et seq. (ADA), pursuant to which plaintiffs sought a permanent injunction and attorney's fees, expenses and costs; and WHEREAS, subject to the terms set forth herein, plaintiffs and defendant, without admisssion of liability, have agreed to finally resolve any and all claims and disputes by and between them; and WHEREAS, the aforementioned parties desire to avoid further expense, time, effort and uncertainty in regard to this action; NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to approve the terms and conditions of the attached agreement as settlement of this action. PASSED AND ADOPTED this 20th day of May ,1998 ~4lf:.t:~~ MAYO ATTEST: ~;~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR XECUTION F:\WORK\SALL\CHATRA...'ffiIADARESO.WPD <I/t.. '119'1 Date :ITY OF MIAMI BEACH ;y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 COMMISSION MEMORANDUM NO. 2. 8R -'18 TO: Mayor Neisen Kasdin and Members ofthe City Commission DATE: liay 20, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU ON OF THE MAYOR AND CITY COMMISSION TO APPROVE THE SETTLEMENT BETWEEN THE CITY OF MIA1\U BEACH AND THE ASSOCIATION FOR DISABLED AMERICANS, INC., THE FLORIDA PARAPLEGIC ASSOCIATION, ERNST ROSENKRANTZ, AND DANIEL RUlZ, REGARDING THE IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT STANDARDS (ADA) WITHIN CITY FACILITIES, PROGRAMS AND SERVICES. ADMINISTRA TION RECOMMENDATION: Adopt the Resolution, upon consideration of the proposed stipulation for settlement at the executive sessIOn. BACKGROUND: The Americans With Disabilities Act (ADA) was passed by the U. S. Congress to provide a comprehensive mandate for the elimination of discrimination and to provide standards addressing discrimination against individuals with disabilities. Under the ADA, accessibility requirements have become consolidated as to requirements for the built environment and for individuals' rights. The Public Entities Section of the ADA, or Title II, has the greatest impact on the City. It applies the requirements of the ADA Standards as well as the existing requirements of Section 504 of the Rehabilitation Act of 1973, plus specific requirements for state and local governments. The Americans With Disabilities Act (ADA) extends federal civil rights protection to individuals with disabilities. It has five titles as follows: Title I:Employment; Title II:State and Local Government Services; Title III:Public Accommodations and Commercial Facilities; Title IV: Telecommunications; and Title V:Miscellaneous Provisions. The Department of Justice and other Federal Departments, are in charge of the implementation of the ADA by local governments, and are required to provide technical assistance to public entities in their efforts to comply. AgendaItem~ 5-20-98 Date Under the ADA Title II, the City was required to complete a Transition Plan by July 26, 1992 and to prepare a "Self-Evaluation" to review all services, policies and practices offered by each of the Departments and Divisions to the citizens and to others by January 26, 1993. The preparation of this evaluation was a process which required the review of a significant number of factors affecting accessibility to programs, services and facilities. The "Self-Evaluation" required by the ADA has been developed. It has been a long standing policy of the City to provide equal services and opportunities to all of its citizens and employees in accordance with Federal and State guidelines. It is the City's intent to be in compliance with the American with Disabilities Act provisions to the fullest, reasonable extent possible. ANALYSIS: On August 5, 1996, an action was instituted by the Association for Disabled Americans, the Florida Paraplegic Association, Emst Rosenkrantz and Daniel Ruiz vs. the City of Miami Beach, Case No. 96-2154 CIV-Moreno, U.S. District Court, Southern District of Florida, alleging that the City had not fully complied with the requirements of the ADA. A proposed stipulation for settlement is being finalized by the City Attorney's Office and the Administration. It will be forwarded under separate cover and will be considered by the Commission at the executive session during Wednesday's meeting. CONCLUSION: The Mayor and City Commission should adopt the Resolution. Attachments S~~/JCh/MMliZ .... T:\AGENDA\MA Y2098\REGULAR\ADA,HM \ ) ASSOCIATION FOR DISABLED AMERICANS; INC., THE FLORIDA PARAPLEGIC ASSOCIATION, ERNST ROSENKRANTZ and DANIEL RUIZ, Plaintiffs, vs. CITY OF MIAMI BEACH, Defendant. / STIPULATION FOR SETTLEMENT IT IS HEREBY stipulated and agreed by and between plaintiffs. the Association for Disabled Americans. Inc.. The Florida Paraplegic Association. Ernst Rosenkrantz and Daniel Ruiz (jointly referred to herein as "plaintiffs") and defendant. CITY OF MIAMI BEACH, (hereinafter referred to as "defendant") as follows: WHEREAS, plaintiffs filed this action against defendant for its alleged violations of Title II of the Americans With Disabilities Act, 42 D.S.C. Si12131, JO..t.~. ("ADA"), pursuant to which plaintiffs sought a permanent injunction and attorneys' fees, expenses and costs; WHEREAS, subject to the terms set forth herein, plaintiffs and defendant have agreed to finally resolve any and all claims and disputes by and between them; and WHEREAS, the aforementioned parties desire to avoid further expense, time, effort and uncertainty in regard to this action; LfU' ,. ASSQCrATl:ON FOR Dl:SABLED AMBRl:CANS, l:NC., THE FLORIDA PARAPLEGIC ASSN, ERNST ROSBNJCRANTZ and DANIBL Run vs. Cl:TY OF Ml:AMI BEACH NOW, THEREFORE, in consideration of the premises and the mutual covenants and undertakings contained herein. and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties. the parties hereto, intending to be legally bound hereby, agree to the following terms and conditions as full and complete settlement of this action: 1. Defendant shall cause the following actions to be taken, and the following alterations and improvements to be made to the defendant's properties, programs and accommodations which are the subject of this action: A. ADA COORDINATOR i) The defendant shall designate and shall at all times have at least one individual who shall have the responsibility of general ADA Coordinator. The defendant's general ADA Coordinator may be reached at (305) 673-7080, or by mail at 1700 Convention Center Drive, Miami Beach, Florida 33139, or by TDD at (305) 673-7215. ii) The ADA Coordinator shall also be responsible for coordinating the defendant's ADA compliance and shall: a) Compile, organize, file. and have available to defendant's employees and representatives all necessary and pertinent information and documentation regarding the ADA and the defendant's obligations thereunder. 2 ASSOC:IAT:ION FOR D:ISABLBD AMBR.:ICANS, :INC., nm FLOR:IDA PARAPLBG:IC ASSN, ERNST ROSENKRANTZ and DANIEL RU:IZ vs. C:ITY OF M:IAM:I BEACH b) Update the City's present Transition plan annually. c) Conduct and prepare detailed ADA surveys regarding implementation of ADA requirements on City of Miami Beach facilities and buildings visited by the public not specifically addressed herein or subsequently purchased or added by the defendant, and prioritizing the implementation thereof to ensure the quickest benefit to individuals with disabilities. The Barrier Free Committee shall be provided a copy of all such studies and shall be entitled to provide its input regarding same. d) Ensure that the ADA Coordinator and at least 2 City department heads or their designees shall attend and participate in each Barrier Free Committee meeting. B. RECREATION / CULTURE / PARKS i) The defendant shall designate and shall at all times have at least one individual. other than the general ADA Coordinator appointed in compliance with the immediate preceding paragraph. who shall have the responsibility of ADA Coordinator for Recreation, Culture and Parks events. The Recreation. Culture and Parks ADA Coordinator may be reached at (305) 673-7730. or by mail at 2100 Washington Avenue, Miami Beach, Florida 33139, or by TDD at (305) 673-7220. ii) Commencing December 31. 1997. and continuing thereafter, the defendant shall publicize the location of accessible beaches and the time and location of the Barrier Free Committee meetings on a regular basis throughout the year in a newspaper of general circulation within the City of Miami Beach. The defendant's Recreation. Culture and Parks ADA Coordinator shall 3 ASSOC:IATION FOR DISABLED AMERICANS, INC., Tm!: FLORIDA PARAPLEGIC ASSN. ERNST ROSENKRANTZ and DANIEL RU:IZ V3. CITY OF KIAKI BRACH: monitor and assure compliance with this paragraph. iii) On or before December 31. 1997. the defendant shall modify its web pages to contain information. including statements that information is available in alternative formats (i. e. text only and audio). about accessible beaches and accessible recreation, cultural and parks programs. The defendant shall simultaneously forward such information to Metro-Dade, Park and Recreation Leisure Access Services, which may, at Dade County's option, be added to and contained in Dade County's web page. The defendant shall also make a written request to Metro-Dade, Park and Recreation Leisure Access Services that the information be added to their web page. iv) On or before December 31, 1997. and at quarterly intervals thereafter, all relevant employees, including summer hires, of the Recreation. Culture and Parks department shall receive information from the defendant's Recreation. Culture and Parks ADA Coordinator regarding all services and programs provided by the Recreation. Culture and Parks Department to individuals with disabilities. Each such employee shall also be directed by the ADA Coordinator to inform any inquiring individual as to the availability of these services and programs. v) On no less than an annual basis, the general ADA Coordinator, the defendant's Recreation, Culture and Parks ADA Coordinator. and selected Recreation, Culture and Parks Department employees shall receive training from the staff of the Metro-Dade, Parks and Recreation Leisure Access Services ADA coordinator or other qualified training agency. vi) On or before December 31. 1997. the general ADA Coordinator and the Recreation, Culture and Parks ADA Coordinator shall receive training with the American Therapeutic Recreation Association/National Center on Accessibility or another qualified training organization. 4 ASSOCIATION POR DISABLED AMERICANS, INC., THE FLORIDA PARAPLBGIC ASSN, ERNST ROSKNKRAN'l'Z and DANIEL RUIZ va. CITY OP MIAMI BEACH: vii) Commencing December 31, 1997, the Recreation, Culture and Parks Coordinator shall implement the training of the staff of the Recreation. Culture and Parks Department based on the training information received from the Metro-Dade. Park and Recreation Leisure Access Services. Similar training shall also be mandatory for all relevant new employees hired by the Recreation, Culture and Parks Department on a biannual basis. viii) On or before June 30. 1997. and no less than three times per year thereafter. the Recreation, Culture and Parks Department shall develop an informational brochure of programs and services offered by the Recreation. Culture and Parks Department. The information contained in a section of the brochure shall be similar to the directory developed by the Metro-Dade, Park and Recreation Leisure Access Services, a copy of which is attached hereto as Exhibit "A." The brochure and each update thereof shall be made available to the public and shall be provided to each of defendant's relevant employees who shall have telephone or personal contact with persons inquiring as to accessible beaches, programs and/or services. ix) Commencing July 1, 1998 the Recreation. Culture and Parks Department shall have at least one telephone which shall comply with the ADA, Appendix A to CFR part 36 (ADAAG). all subsequently issued ADA Standards and/or any and all subsequent modifications, amendments and revisions thereto and replacements thereof (collectively referred to herein as "the ADA Standards") for employee use to communicate with individuals using text telephones. The Recreation, Culture and Parks Department TDD telephone number is 305-673-7220. The defendant shall establish a written policy and procedure requiring that each of defendant's Recreation. Culture and Parks Department employees who shall have telephone contact in the ordinary course of his/her employment duties with 5 ASSOC:IAT:ION FOR D:ISABLBD AMBR:ICANS, :INC., THE PLOR:IDA PARAPLEG:IC ASSN, ElUfST ROSENlCRANTZ and. DAN:IJn, Rtr:IZ VB. C:ITY OF M:IAMI: BRACH persons inquiring as to general information and/or accessible beaches, programs or services offered by the Recreation, Culture and Parks Department shall be required to know how to use the text telephones in order to communicate with individuals using same. The defendants text telephone number shall be set forth in all brochures, programs and/or pamphlets distributed by the Recreation. Culture and Parks Department. x) All relevant summer hires by the Recreation Division of the Recreation. Culture and Parks Department shall be provided and receive ADA sensitivity training as part of and before they begin their work with the summer recreation program offered by the Recreation. Culture and Parks Department to the public. xi) The Recreation, Culture and Parks Department shall prepare and provide an updated self evaluation study of all recreation, culture and parks services, facilities and accommodations on or before June 30, 1998. As an alternative to the foregoing, on or before June 30, 1998 the defendant may provide to the plaintiffs a copy of the City's Bond Plan and Guides reflecting compelled compliance with the ADA Standards. xii) Commencing December 31, 1997. all printed materials disseminated by the Recreation, Culture and Parks Department and available to the general public shall contain an access statement. The access statement shall at least state that: "Call (305) 673-7730/VOICE or (305) 673-7220 by TDD to request materials in accessible format, sign language interpreter (5 days advance notice required), or information on access available to individuals with disabilities." Furthermore, commencing December 31, 1997. all printed materials disseminated by the Recreation, Culture and Parks Department and available to the general public shall include information similar to the Metro-Dade. Park and Recreation Leisure Access Services brochures/pamphlets in indicating the 6 ASSOCIATION POR DISABLED >>IBRICANS, INC.. THE FLORIDA PARAPLBGIC ASSN. BRNST ROSENKRAN'l'Z and DANI:!L RUIZ VB. CITY OP MIAMI BEACH availability of accessible programs. Examples of the Metro-Dade. Park and Recreation Leisure Access Services brochures/pamphlets are attached hereto as Exhibit "B." xiii) Copies of all printed materials disseminated by the Recreation, Culture and Parks Department and available to the general public shall be provided to the Barrier Free Committee which shall be entitled to provide its input regarding same. xiv) Commencing July 31, 1998 and thereafter. all Recreation, Culture and Parks Department programs. services and accommodations shall be accessible to individuals with disabilities and available at accessible locations. The Recreation, Culture and Parks Department shall ensure that handicapped accessible transportation is available to and from all such programs. services and accommodations for all qualified Miami Beach residents when a request is made to the Recreation, Parks and Culture ADA Coordinator at least 5 days in advance. The transportation to be provided hereunder, however, need be made available only during the periods such transportation is offered to the general public, and the transportation provided hereby is intended to provide for individuals with disabilities to be picked up or dropped off only at the drop-off and pick-up locations offered to other members of the public in general. All participants in the programs, services and accommodations are required to provide their own transportation to an from the site of departure for such programs. services and accommodations. The defendant shall provide notice of the availability of the transportation accommodation and the request time required hereby in all brochures, programs and/or pamphlets distributed by the Recreation, Culture and Parks Department. xv) Commencing January 1, 1998 and thereafter, all plans for modifications to and/or construction of facilities operated by the Recreation, Culture and Parks Department 7 ASSOC:IATION FOR DISABLED AKBR.ICANS, INC., THE FLORIDA P~LEGIC ASSN, ERNST ROSENlOlAN'I'Z and DANIEL RtnZ vs. CITY OF MIAMI BEACH shall be submitted at the schematic and design development phases. as well as the construction document phase. to the defendant's Building Department's accessibility plan reviewer, the chairman of the Barrier Free Environment Committee, the defendant's general ADA coordinator, and the Recreation, Culture and Parks Department ADA Coordinator to ensure ADA compliance. All reviews shall be completed and responses made to the submitting party within ten days of receipt of the documents. C. RECREATION / CULTURE / PARKS - BUILDING AND PROGRAM ACCESS i) Bass Museum (2121 Park Avenue) The Bass Museum is scheduled to be completely remodeled by December 31. 1999. Upon completion the Bass Museum shall comply with the ADA Standards. ii) Acorn Theater (2100 Washington Avenue) All necessary modifications to the Acorn Theater to bring it into compliance with the ADA Standards are scheduled to be completed on or before December 31. 1998. iii) Miami Beach Branch Public Libraries - On or before September 30, 1998 a formal written request for modification shall be made to the Miami Dade Office of ADA Coordination to provide an accessible path of access complying with 4.3 of the ADAAG to all public areas of public libraries located in Miami Beach and to otherwise comply with the ADA Standards. iv) Miami Beach Fire Stations All necessary modifications to the Miami Beach Fire Stations located at 1051 Jefferson Avenue (Fire Station No.1), 2300 Pine Tree Drive (Fire Station No.2). 5503 Collins Avenue (Fire Station No.3) and Fire Station No. 4 to bring the public areas thereof into compliance with the ADA Standards. Fire Stations No.1 and NO.3 are scheduled to be completed on or before December 31, 1998. Fire Stations No.2 and 8 ASSOCIATION FOR DISABLBD AMBRICANS, INC., THl!: PLORIDA PARAPLEGIC ASSN, ERNST ROSENXRAN'l'Z and DANIEL RUIZ V8. CI'l"Y OF MJ:AMI BEACH No.4 are scheduled to undergo major renovations. Construction is scheduled to start in December of 1999. upon completion. the public areas will be in compliance with the ADA Standards. v) North Miami Beach Police Sub-Station (68th & Indian Creek) If not already in compliance, all necessary modifications to the North Miami Beach Police Sub-Station at 68th Street and Indian Creek to bring the public areas thereof into compliance with the ADA Standards are scheduled to be completed by December 31. 1998. vi) Police Headquarters (1100 Washington Avenue) On or before December 31, 1998 the Police Headquarters at 1100 Washington Avenue shall be modified as and if necessary so that all public areas comply with the ADA Standards. vii) Beach Patrol Headquarters (lOth St. and Ocean Dr.) On or before December 31. 1998 the Beach Patrol Headquarters located at 10th Street and Ocean Drive is scheduled to be modified as and if necessary so that all public areas comply with the ADA Standards. viii) North Shore Community Center All necessary modifications to the North Shore Community Center to provide appropriate signage, ramp handrails, drinking fountains and grab bars as required by and in compliance with the ADA Standards are scheduled to be completed by April 30, 1999. Additionally, construction on all other necessary changes to the North Shore Community Center to bring the public areas thereof otherwise into compliance with the ADA Standards are scheduled to commence by December 31, 1999. ix) Accessible Beaches beaches, as set forth in be modified as follows: The defendant's public subparagraph (d) hereof. shall 9 .ASSOCIATJ:ON POR DJ:SABLBD AMBRJ:CANS, INC.. THE PLORIDA PARAPLBGJ:C ASSN. ERNST ROSENXRANTZ and DANIBL RUIZ vs. CJ:T'l OF MJ:AMJ: BEACH a) Construction of an accessible beach walk complying with the ADA Standards from 15th Street to 21st Street is scheduled to be completed by December, 2000. The North Shore Recreation corridor from 60th Street to 75th Street will include an accessible beachwalk in compliance with the ADA Standards. This project is in the preliminary design phase. Construction is scheduled to begin by December 1999. Accessible toilet rooms / bathrooms (where provided) which comply with the ADA Standards will be included in the project. b) Beach Surf chairs and a self-propelled surf chair are available at the lOth Street Beach Patrol Headquarters. Information regarding the availability of these surf chairs shall be included in the defendant's web page and in the informational brochure of programs and services to be distributed by the Recreation, Culture and Parks Department. c) On or before July 31, 1998 the defendant shall install handicapped accessible signs in accordance with the immediate following paragraph. d) Each beach to be made accessible and with accessible restrooms pursuant to the requirements hereof shall have a sign stating "Accessible Beach" and shall contain a pictogram of the international symbol of accessibility in compliance with Figure 43(a) of the ADAAG. Beaches which have an accessible path to the dune but no accessible restrooms shall have signs stating "Accessible Path of Access to Dune." e) The signage at beaches is as follows: LOCATIONS SIGN 10 ASSOCIATION POR DISABLID AMBJUCANS, INC., THE FLORIDA PARAPLBGIC ASSN, ERNST ROSENKRANTZ and DANIBL RUn vs. CITY or MI:AH:I BEACH 1) 5th Street ACCESSIBLE BEACH 2) lOth Street ACCESSIBLE BEACH BEACH WHEELCHAIRS AVAILABLE, INQUIRE AT BEACH PATROL HEADQUARTERS 673-7714 3) 46th Street ACCESSIBLE PATH OF ACCESS TO DUNE 4) 64th Street ACCESSIBLE PATH OF ACCESS TO DUNE 5) 72nd Street ACCESSIBLE PATH OF ACCESS TO DUNE 6) North Shore Open Space ACCESSIBLE BEACH AVAILABLE. INQUIRE PATROL HEADQUARTERS WHEELCHAIR AT BEACH 673-7714 f) South Pointe Park pier is accessible. There is an accessible route to the pier. The pier is scheduled to be closed by December 31. 1998 to address environmental concerns. If not closed then the pier shall be modified to increase accessibility for fishing by December 31. 1999. If the pier is closed and subsequently replaced then the new replacement pier shall comply with the ADA Standards, and the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Recommendations for Accessibility Guidelines: Recreational Facilities and Outdoor Developed Areas and revisions thereto ("play Facilities Guidelines") .' 1 NOTE: The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Recommendations for Accessibility Guidelines: Recreational Facilities and Outdoor Developed Areas and 11 ASSOCIATION POR DISABLED AMERICANS, INC., THE FLORIDA PARAPLEGIC ASSN, ERNST ROSENKRANTZ and DANIEL RO'IZ vs. CITY 01" MIAKI BEACH 1) If not already in compliance by December 1998 then the parking areas, accessible routes. toilet rooms / bathrooms (where provided) and the pier of the South Point Park shall comply with the ADA Standards, the Outdoor Guidelines and the Plat Facility Guidelines. g) 2nd and 3rd Street Ocean Park beach has accessible toilet rooms and an accessible route to compacted sand at east edge of dune. Sand will be recompacted as needed. h) 5th Street Beach has an accessible route to the dunes and an accessible bathroom. i) lOth Street Beach has an accessible route to dune and an accessible bathroom. j) 21st Street Beach - Accessible toilet rooms and accessible route to dune are available. k) 34th Street Beach - Accessible route over dune is available. 1) 46th Street Beach - Accessible route to dune is available. Construction of accessible toilet rooms / bathrooms (where provided) in compliance with the ADA Standards and is scheduled to be completed by December 1999. revisions thereto. which shall be referred to as the "Outdoor Guidelines" throughout this document have not yet been adopted by the U.S. Department of Justice. Those Outdoor Guidelines need only be complied with by the defendant wherever referenced in this document once those guidelines are adopted by the U.S. Department of Justice. 12 ASSOCl:ATl:ON FOR Dl:SABLBD AMERICANS, INC., THE FLORIDA PAAAPLBGIC ASSN, ERNST ROSENKRANTZ and DANIEL RtJIZ VB. CITY OF MIAMI: 8EACH m) 64th Street Beach - Accessible route to dune is available. Construction of accessible toilet rooms / bathrooms (where provided) in compliance with the ADA Standards and Chapter 553 is scheduled to be completed by December 1999. n) 73rd Street Beach - An accessible route to the dune is available. Accessible toilet rooms are available during North Shore Community Center hours of operation. Construction of Accessible beach toilet rooms / bathrooms (where provided) is scheduled to commence by December 1999 as part of Parks Bond Plan. Those toilet rooms / restrooms (where provided) shall comply with the ADA Standards upon completion. 0) Publication of the location of accessible beaches. the availability of surf chairs and the availability of other accessible programs has been and will continue to be placed in the Miami Herald and mailed to Miami Beach residents quarterly. This information is also available on the City web site and will be made available to the Miami-Dade Leisure Access Services. The City has provided and will continue to provide the informational brochures on accessible beaches and other accessible programs and recreation facilities to the Miami Beach Chamber of Commerce, the Greater Miami Chamber of Commerce and the Miami Beach Hispanic Chamber of Commerce. Additionally, the defendant shall continue to include the information concerning the locale of its accessible beaches and its other accessible programs on the defendant's web page and in the informational brochure to be implemented and distributed by the Recreation, Culture and Parks Department as required above. x) Public Parks and Facilities public parks and facilities shall The defendant's be modified to comply 13 ASSOCIATION FOR DISABLED AMERICANS. INC., THE FLORIDA PARAPLEGIC ASSN, ERNST ROSENlCRAN'!'Z and DANIEL RUIZ vs. CITY OF MIAMI BRACH with the ADA Standards. the Outdoor Guidelines, the U.S. Department of Justice Swimming Pool Accessibility Guidelines', and the U. S. Department of Justice Accessibility Guidelines for Play Facilities'. and revisions to the foregoing according to the following completion schedule: a) Tatum Park - All park facilities including toilet rooms / bathrooms (where provided) are scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 31. 1999. Upon completion the park facilities shall comply with the ADA Standards. the Outdoor Guidelines, and the Play Facilities Guidelines. b) Muss Park office is accessible. Park is scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion Muss Park. the office and the park facilities shall comply with the ADA Standards. the Outdoor Guidelines and the Play Facilities Guidelines. , NOTE: Swimming Pool Accessibility Guidelines, which shall be referred to as the "Swimming Pool Guidelines" throughout this document have not yet been adopted by the U. S . Department of Justice. Those Swimming Pool Guidelines need only be complied with by the defendant wherever referenced in this document once those guidelines are adopted by the U.S. Department of Justice. , NOTE: Play Facilities Accessibility Guidelines, which shall be referred to as the "Play Facilities Guidelines" throughout this document have not yet been adopted by the U. S . Department of Justice. Those Play Facilities Guidelines need only be complied with by the defendant wherever referenced in this document once those guidelines are adopted by the U.S. Department of Justice. 14 ASSOCIATION FOR. DISABLED AMERICANS, INC., THE :FLORIDA PARAPLEGIC ASSN, ERNST ROSBNlCRANTZ and DANIEL RUIZ vs. CITY OF MIAMI BEACH c) Stillwater Park is scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion Stillwater Park and the park facilities shall comply with the ADA Standards. the Outdoor Guidelines and the Play Area Guidelines. d) Pine Tree Park is scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion Pine Tree Park and the park facilities shall comply with the ADA Standards. the Outdoor Guidelines and the Play Area Guidelines. e) Fairway Park has an accessible route to tennis court and playground. Fairway Park is scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion Fairway Park and the park facilities shall comply with the ADA Standards, the Outdoor Guidelines and the Play Area Guidelines. f) Normandy Isle Park (7lst Street) has accessible toilet rooms and route to recreation area and playground. The Park is scheduled for major renovations as part of the Park Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion Normandy Isle Park and the park facilities shall comply with the ADA Standards. the Outdoor Guidelines and the Play Area Guidelines. g) Fisher Park is scheduled for major renovations as part of the Parks Bond Plan. Construction 15 ASSOCIATION POR DISABLBD AMERICANS, INC., TIm FLORIDA PARAPLBGIC ASSN, BRNST ROSKNKRANTZ and DANIBL RUI:Z VII. CITY 01' MIAM:!: BEACH is scheduled to commence on or before 1999. Upon completion Fisher Park park facilities shall comply with Standards. the Outdoor Guidelines and Area Guidelines. December and the the ADA the Play h) North Shore Park and Tennis Center are scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion Fisher Park and the park facilities shall comply with the ADA Standards, the Outdoor Guidelines and the Play Area Guidelines. i) If not already in compliance, by December 1998 Ocean Front Auditorium, including the toilet rooms I bathrooms (where provided), shall comply with the ADA Standards. j) The City has a lease agreement with a private corporation, who has jurisdiction over the pier Park. If not already in compliance, by June 30, 1998, the City shall make a formal written request to the lessee for the necessary modifications to be made to bring the pier Park (Penrods), including the parking lot, route, building entrance and toilet rooms I bathrooms (where provided) in compliance with the ADA Standards. k) Polo Park is property and jurisdiction of Dade County School Board. On or before September 30, 1998 defendant's Recreation, Culture and Parks Department ADA Coordinator shall make a formal written request to the Miami Dade School Board for the necessary modifications to be made to bring Polo Park into compliance 16 ASSOCl:ATION POR DISABLED AMERICANS, INC., THE FLORIDA PARAPLEGIC ASSN, ERNST ROSENltllANTZ and DANl:EL RtJl:Z vs. crn OF MJ:AMJ: BRACH with the ADA Standards. the Outdoor Guidelines and the Play Area Guidelines. 1) [Intentionally omitted.] m) Palm Island Park is scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion Palm Island Park and the park facilities shall comply with the ADA Standards, the Outdoor Guidelines and the Play Area Guidelines. n) North Shore Open Space Park is property of the State of Florida which has jurisdiction over the park. On or before June 30. 1998 the defendant's Recreation. Culture and Parks Department ADA Coordinator shall make a formal written request to the State of Florida to make all necessary modifications to the park to bring it into compliance with the ADA Standards, the Outdoor Guidelines and the Play Facilities Guidelines. 0) SIXTH STREET COMMUNITY CENTER - If not already in compliance, by June 30. 1999 the 6th Street Community Center shall comply with the ADA Standards. p) [Intentionally deleted.] q) TWENTY FIRST STREET COMMUNITY CENTER - If not already in compliance, by June 30. 1999 the 21st Street Community Center shall comply with the ADA Standards. r) THEATER OF THE PERFORMING ARTS (TOPA) - By June 30, 1998 the first level public spaces of TOPA shall comply with the ADA Standards. 17 ASSOCIATION FOR DISABLED AMERICANS. INC.. THB FLORIDA PARAPLBGIC ASSN. BRNST ROSENKRANTZ and DANIBL RUIZ VII. CITY OF MIAMI BEACH Additionally, upon completion of the major renovations, which are scheduled to be completed by December 2000, all such modifications and renovations shall comply with the ADA Standards. s) SCOTT RAKOW YOUTH CENTER - The youth center is scheduled for major renovations as part of the Parks Bond Plan. Construction is scheduled to commence on or before December 1999. Upon completion of the renovations the Scott Rakow Youth Center and the facilities thereof shall comply with the ADA Standards, the Outdoor Guidelines and the Play Facilities Guidelines. t) PAR THREE GOLF COURSE All golf course renovations shall comply with appropriate accessibility guidelines including the Outdoor Guidelines. The City has a contract with a golf course architect, Arthur Hills &0 Associates, to evaluate and prepare plans to renovate the golf course. Plans will be prepared to remodel both the golf course itself and the clubhouse. All contracts shall include a statement requiring all work to be done in accordance with the requirements of the ADA Standards, and the Outdoor Guidelines. and all such modifications/alterations shall comply therewith. u) SCHOOL PLAYING FIELDS - Public schools are the jurisdiction of Miami Dade County. On or before September 30, 1998 defendant shall make a formal written request to the Miami Dade School Board for the necessary modifications to be made to the school playing fields and all facilities into compliance with the ADA Standards. the Outdoor Guidelines and the Play Facilities Guidelines. 18 ASSOC:IAT'ION FOR D'ISABLBD AMBR'ICANS, INC., TEE FLORIDA PARAPLBGIC ASSN, BRNST ROSENKRANTZ and. DAN1:BL RUIZ vs. CITY OP' MIAMI BBACH v) BAY SHORE GOLF COURSE The Bayshore Golf Course, including parking, accessible route and restaurant of the clubhouse are scheduled to undergo maj or renovations. The City has hired a consultant to evaluate and prepare plans for the renovation of the golf course. Plans will be prepared to remodel both the golf course itself and the clubhouse. All contracts shall include a statement requiring all work to be done in accordance with the requirements of the ADA Standards. and the Outdoor Guidelines, and all such modifications/alterations shall comply therewith. w) LOEW'S HOTEL PROJECT The entire proj ect, including the beachwalk and beach toilet rooms / bathrooms (where provided). shall comply wi th the ADA Standards, the Swimming Pool Guidelines when completed. x) PUBLIC WORKS YARD - A consultant has prepared a master plan for the total renovation of the Public Works Yard. The plan was presented to the Land Use Committee in March 1998. All public areas of the Public Works Yard shall comply with the ADA Standards when renovated. y) FLEET (MECHANICAL) MAINTENANCE OFFICE An accessible office. toilet room and eyewash in compliance with the ADA Standards has been installed at the Fleet (Mechanical) Maintenance Office. z) PROPERTY MANAGEMENT OFFICE - All public areas of the Property Management office shall be modified by December 31. 1999 to comply with the ADA Standards. 19 ASSOCIATION POR DISABLJm AMERICANS. INC.. THE PLORIDA PARAPLBGIC ASSN. BRNST ROSBNItRAN't'Z and DANIEL Rtnz vs. CITY OP MIAMI BEACH aa) MARINE PATROL HEADQUARTERS - There is access to bathrooms on first floor. If not already in compliance, by June 30, 1998 there shall be accessible parking and an accessible path of access to the Marine Patrol Headquarters and to the accessible toilet rooms which shall comply with the ADA Standards. bb) OLD CITY HALL - Accessible entrance is at rear of building. Renovations were completed in 1997 which provided an accessible courtroom at the second floor. A state grant was awarded to improve accessibility to the historic structure. A consultant architect has been retained. The project is in the preliminary design phase. Construction is scheduled to begin by December 1999. Upon completion of the renovations the Old City Hall shall comply with the ADA Standards. ee) COLONY THEATER - If not already in compliance, by December 1999 the public areas of the Colony Theater shall comply with the ADA Standards including, having the appropriate number of assistive listening devices and signage indicating the availability thereof. dd) CONVENTION CENTER - If not already provided, by December 1998 the defendant shall provide at the Convention Center accessible parking, paths of access, exhibit spaces, offices. toilet rooms / bathrooms (where provided) at each exhibit hall, in each lobby and one on the second floor. permanent signage. and permanent TDDs in compliance with the ADA Standards. Furthermore, by December 2000 all other public areas of the Convention Center shall comply with the ADA Standards. 20 ASSOCIATION POR DISABLED AMERICANS. INC.. nm FLORIDA PARAPLBGIC ASSN, ERNST ROSJDttRANTZ Imd DANIEL RtrIZ vs. CITY OP MIAMI: BEACH eel LOG CABIN - The Log Cabin is currently under general renovation. Upon completion. the classroom and office building of the Log Cabin shall comply with the ADA Standards. ff) 10th STREET AUDITORIUM - By December 1998 defendant shall provide the appropriate number of assisti ve listening devices and signage indicating the availability thereof at the 10th Street Auditorium in compliance with the ADA Standards. Additionally, by December 1998 the defendant shall provide a ramp in compliance with the requirements of the ADA Standards to the visitors' center of the 10th Street Auditorium. gg) GARDEN CENTER - All paved public areas. toilet rooms / restrooms (where provided) and parking areas of the Garden Center shall comply with the ADA Standards by December 1998 to the extent technically feasible. hh) PERFORMING ARTS NETWORK (PAN) PAN is scheduled for minor renovations by December. 1998. The renovations will include an accessible path of access, toilet rooms / restrooms (where provided), signage, and drinking fountains. After the renovation PAN shall comply with the ADA Standards to the extent technically feasible. ii) NORMANDY ISLE GOLF COURSE - All golf course renovations shall comply with all appropriate ADA Standards and the Outdoor Guidelines. This golf course is scheduled for minor renovations by December, 1998. The defendant has hired a consultant to evaluate and prepare plans for the total redesign of the golf course. Plans will be prepared to remodel the 21 ASSOCIATION FOR DISABLED AMBRICANS. INC., TIm FLOUDA PARAPLBGIC ASSN, ERNST ROSENKRANTZ and DARIBL RU'IZ vs. CITY OF MIAMI aEACH clubhouse. All contracts shail include a statement requiring all work to be done in accordance with the requirements of the ADA Standards and the Outdoor Guidelines. and all such modifications/alterations shall comply therewith. jj) 17TH STREET BATHROOM - By December 31, 1999 the 17th Street Restroom are scheduled to comply with the ADA Standards to the extent technically feasible. kk) 29TH STREET BATHROOM - By December 31, 1999 the 29th Street Restroom are scheduled to comply with the ADA Standards and to the extent technically feasible. 11) WOMEN OF 1999 WOMB Standards feasible. MIAMI BEACH (WOMB) - By December. is scheduled to comply with the ADA and to the extent technically mm) FLAMINGO PARK - If not already in compliance, the tennis stadium, baseball stadium. swimming pool, and tennis center at Flamingo Park shall comply with the ADA Standards, the Outdoor Guidelines. the Pool Guidelines. Furthermore. Flamingo Park is scheduled for major renovations which are scheduled to commence on or before December 1999. Upon completion of the renovations all public elements of Flamingo Park shall comply with the ADA Standards. the Outdoor Guidelines, the Pool Guidelines. nn) OCEAN BEACH PARK compliance. by June shall comply with Outdoor Guidelines, If not already in 30, 1998 Ocean Beach Park the ADA Standards, the the Pool Guidelines. 22 ASSOCIATION FOR. DISABLED >>mR.ICANS. INC.. THE PLORIlJA PARAPLEGIC ASSN. ERNST R.OSBNltRANTZ and DANIEL RutZ VB. CITY OF MIAM:t BRACH D. CITY PARKING LOTS i) On or before August 31, 1998 the defendant shall modify each of the following parking lots to comply with the ADA Standards: FACILITY NO. lA 4E 4G Pref.Lot 24A 22X 26A HC 260 SF SC SA l4A 40 l2X 90 9C 2SX 9B 9F 23X 26B 24C l8A 7C 70 19B llX l7X 14X 20X l8X lOG 100 10E 10F lOA laC PAL Michigan Ave. 8B 80 LOCATION Ocean Or./lst Street Purdy Ave./1Bth St. (south) Purdy Ave./1Bth St. (north) 19th St./Conv. Center Dr. Norm. Dr./Bay Dr. (north) Caryle Ave./72nd St. Collins Ave./BOth St. Collins Ave./79th St. Collins Ave./B3rd St. 18th St./Meridian Ave. 18th St./Conv. Center Dr. 17th St./Washington Ave. Washington Ave./16th St. (Fedco) West Ave./16th St. Washington Ave./9th St. 71st St./Bonita Dr. Carlyle Ave./7lst St. (south) Bonita Orive/7lst St. Collins Ave./72nd St. 75th St./Collins Ave. Abbott Ave./83rd Street Collins Ave./84th St. Normandy Dr./Bay Or. (south) Collins Ave./64th St. Collins Ave./64th St. Collins Ave./llth St. Collins Ave./53rd St. Collins Ave./llth St. Collins Ave./13th St. Collins Ave./16th St. Collins Ave./27th St. Indian Creek/65th St. Lincoln Lane S./Michigan Ave. Lincoln Lane S./Jefferson Ave. (west) Lincoln Lane S./Jefferson Ave. (east) Lincoln Lane S./Euclid Ave. Lincoln Lane N./Lenox ave. (west) Lincoln Lane N./Meridian Ave. 11th St./Jefferson Ave. 15th St./Michigan Ave. 42nd St./R. Palm Ave. 47th St./Pine Tree Dr. 23 ASSOCIATION FOR DISABLED AMBRICANS, INC., THE FI.ORIDA PAllAPLBGIC A$SN, ERNST ROSENKRANTZ and DANIEL RUIZ vs. CITY OP MIAMI BEACH BC BH BG BE BF 2B 13X 4C 10X 10B SH 6A 24B 9A 9E 6B 160 HE 19X Chase Ave./40th St. Prairie Ave./40th St. R.Palm Ave./40th St. A1ton Rd./41st St. Jefferson Ave./42nd St. Meridian Ave./6th St. Washington Ave./10th St. West Ave/17th St. (Epicure) Lincoln Lane No./Lenox Ave. (east) Lincoln Lane No./Michigan AVe. 19th St./Meridian Ave (Holocaust) Park Ave./22nd St. Rue Vendome/71st St. Harding Ave/71st St. (west) Harding Ave/71st St. (east) Collins Ave/21st St. Collins Ave/34th St. Collins Ave/35th St. Collins Ave/46th St. ii) It is acknowledged by the parties that some lots may be closed long term due to and during the periods of construction. E. POLICE DEPARTMENT TRAINING i) ADA training of the defendant's Police Department officers has commenced and shall be concluded by December 31, 1998. In accordance herewith, each officer in defendant's Police Department shall receive ADA sensitivity training and shall be informed as to their responsibilities to ensure ADA compliance and the ticketing of ADA parking violations. The ADA sensitivity training shall also be mandatory for all new officers hired by the Police Department. ii) As part of the ADA training referenced in subparagraph i) above, defendant I s police department employees shall be instructed that they are not to issue parking tickets to. or tow or have towed, any vehicle with a valid parking permit and being driven or otherwise occupied by the individual with a disability to whom the permit is validly issued, unless said vehicle is illegally parked. Any vehicle improperly towed by the 24 ASSOCIATION POR DISABLED AXBRICANS, INC., THE PLORIDA PARAPLEGIC ASSN. BlUfST ROSE:NlCRANTZ and DANIEL RUIZ vs. CITY OP MIAMI BEACH defendant, or any employees or departments thereof, shall be returned to the owner or its representative within a location in the City of Miami Beach free of charge. iii) Also as part of the ADA training referenced in subparagraph i) above, defendant's police department employees and responsible personnel shall be informed that any vehicle, whether containing a proper handicapped decal and/or permit, which is improperly parked in an accessible space or which is blocking an access isle shall be ticketed. iv) Also as part of the ADA training referenced in subparagraph i) above, all of defendant's police department personnel shall be informed that. pursuant to Florida Statute ~~ 320.080. if a vehicle bearing or containing a disabled parking permit which is not being driven or otherwise occupied by the individual with a disability to whom the permit is validly issued. the handicapped decal shall be confiscated and an appropriate ticket issued. a) Commencing January 1. 1998, Department shall maintain statistical relevant to the enforcement of this shall have said information available by the Barrier Free Committee. the Police information issue. and upon request F. FIRE DEPARTMENT TRAINING i) The ADA training of the defendant's Fire Department firefighters shall be concluded by December 31, 1998. In accordance herewith, each firefighter in defendant's Fire Department and all new hires shall receive ADA sensitivity training and shall be informed as to their responsibilities to ensure ADA compliance and to ensure that the ordinance allowing the Fire Department to issue citations and impose fines for overcrowding and blocked/locked exits are enforced in cooperation with the 25 ASSOCIATION FOR DISABLBD AHEltICANS, INC.. THB FLORIDA PARAPLEGIC ASSN, ERNST ROSENKRANTZ and DANIEL RutZ vs. CITY OF MIAMI BEACH Code Compliance Division. G. TRASH RECEPTACLES i) All trash receptacles have been lowered as much as possible. but in each event the upper rim thereof shall have no less than a maximum high reach of 54 inches. in compliance with the ADA Standards. H. DEPARTMENT DIRECTOR AND SUPERVISOR TRAINING i) The defendant's Human Resources Department has commenced training of all of defendant's department's directors and supervisors. and has provided those individuals with information as to their responsibilities to ensure ADA compliance. The Barrier Free Committee shall be provided copies of the training material and information as to the content of the training prior to the commencement of future training sessions. and shall be provided an opportunity to provide their input into the content of the training. If not already concluded, the training of all directors and supervisors shall be concluded by December 31, 1998. Training shall be conducted on an ongoing basis. The ADA sensitivity training shall also be mandatory for all new directors and supervisors as part of inservice training. ii) The defendant's Human Resources Department shall prepare and implement ADA sensitivity training for all City of Miami Beach directors and supervisors, and providing those individuals with information as to their responsibilities to ensure ADA compliance. The ADA sensitivity training shall also be mandatory for all new directors and supervisors as part of inservice training. The Barrier Free Committee shall be provided a copy of and/or information regarding the content of the training to be implemented and shall be entitled to provide input regarding same. 26 ASSOCIATION FOR DXSABLED AMERICANS, INC., THE l"LORIDA PARAPLBGIC ASSN, ERNST ROSKNERANTZ and DANIBL R1J'IZ VIlI. CITY OF MIAMI SUCH iii) An ADA information brochure shall be distributed by the defendant's Human Resources Department to all of defendant's employees on or before June 30. 1998, and providing to all new City of Miami Beach employees as part of inservice training. iv) The defendant's Human Resources Department shall publish in the City's Employee's News letter the defendant's grievance procedure and ADA sensitivity information. I. ADA PARKING FEES, FINES AND VEHICLE TOWING i) Commencing October 31, 1998, and quarterly thereafter, the Parking Department and the Police Department shall provide a report to the Barrier Free Committee listing all fines/tickets issued and permits confiscated during the previous quarterly period in accordance with this section. ii) Commencing June 30. 1998 the Parking Department shall implement policies and procedures to insure propoer ADA accessible parking, which policies and procedures may be modified from time to time. J. BUILDING DEPARTMENT - CODE COMPLIANCE i) Commencing October 31. 1998, and bi-monthly thereafter, the Building Department shall issue a report to the Barrier Free Committee which shall report <'1.11 notice of violations issued to date, the specific non- compliance (violations). and the location of the subject facility. ii) Commencing June 30. 1998 the Building Department shall implement policies and procedures to insure ADA compliance with buildings located in Miami Beach, which policies and procedures may be modified from time to time. 27 ASSOCIATION FOR DtSABLZD AMERICANS, IHC., TRB FLORIDA PARAPLBGIC ASSN, BRNST ROSENDANTZ and DANIEL RUIZ vs. CITY OF MIAMI BRACH iii) Commencing June 30. 1998 the Code Enforcement Department shall implement policies and procedures to insure ADA compliance with buildings located in Miami beach, which policies and procedures may be modified from time to time. K. PROPERTY MANAGEMENT - COMPLIANCE i) On or before, December 31. 1998, and monthly thereafter. the defendant's Property Management Division shall make available to the Barrier Free Committee a report listing all City of Miami Beach buildings/facilities regularly visited by the public and not otherwise addressed above. The report shall enumerate City of Miami Beach buildings/facilities, and shall indicate with specificity each modification to be made to bring each facility into compliance with the applicable requirements of the ADA Standards. ii) On or before December 31, 1998, the defendant shall develop and implement a sign program for all of defendant's buildings and facilities not included in the parks bond plan. The signs shall comply with the applicable ADA Standards. The ADA/accessibility signs shall be installed in City Hall by September 30, 1998. and in all other defendant owned and/or operated building and/or facility by December 31. 1998. L. PUBLIC WORKS - CURB RAMPS i) Attached hereto as Exhibit "C" is a plan which indicates the schedule of sidewalk curb ramps to be made throughout the City of Miami Beach. The curb ramps shall be made strictly in accordance with the schedule. and all curb ramps shall comply with the ADA Standards. In addition. all other City owned curbs identified by way of a resident's complaint shall, within a reasonable time. be brought into compliance with the ADA Standards if an 28 ASSOCIATION FOR DISABLED AMERICANS, INC.. THE FLORIDA PARAPLBGIC ASSN, ERNST ROSBNXRAN'l'Z and DANIEL RUn VB. CITY OF MIAMI DUCH ADA violation exists and in accordance with the City's procedures for implementing curb cuts. M. LINCOLN ROAD - SURFACE TRANSITIONS i) There shall be a path of travel from the handicapped parking spaces and public transportation stops within the boundary of, associated with, and to the entrances of Lincoln Road Mall, which accessible route shall connect with the entryways of all buildings. facilities, elements and spaces thereof. in accordance with the ADA Standards. a) Regarding 4.3.8 (Changes of Levels). referenced above, and without limiting defendant's obligations to comply with the section. defendant shall modify all transitions on the path of access. the transitions between the individual stores' main entrances and the Lincoln Road mall sidewalk and the transitions between the streets and the mall sidewalk, to be no greater than 1/2 inch. If any such transition is in excess of 1/2 inch, then a curb ramp. ramp. shall be installed in accordance with the ADA Standards. N. COLLINS AVENUE TRANSITIONS NEW CONSTRUCTION 70s STREETS SURFACE i) There shall be a path of travel from the handicapped parking spaces and public transportation stops within and to the public sidewalks relating to the new construction on Collins Avenue in the 70s Streets. The accessible route shall connect all buildings, facilities, elements and spaces thereof, in accordance with the ADA Standards. a) Regarding 4.3.8 (Changes of Levels), referenced above. and without limiting defendant's obligations to comply with the section, defendant shall modify all transitions on the path of access, including without limitation. the transitions on 29 ASSOCIATION POR DISABLBD AMERICANS. INC., THE PLORIDA PARAPLBGIC ASSN. ERNST ROSlmlmANTZ and DANIEL Rt1IZ VII. CITY OP MIAMI BEACH the paths of access between the streets and the sidewalks, to be no greater than 1/2 inch. If any such transition is in excess of 1/2 inch, then a curb ramp or ramp shall be installed pursuant to the ADA Standards. O. ADA GRIEVANCE PROCEDURE i) The defendant shall forthwith implement and enforce the City of Miami Beach Grievance Procedure attached hereto as Exhibit "D." ii) The Grievance conspicuous place buildings/facilities. Procedure shall in each be of posted in a defendant's iii) The Grievance Procedure shall also be published on the defendant's web page and on a regular basis throughout the year in a newspaper of general circulation wi thin the City of Miami Beach. The defendant's ADA Coordinator shall monitor and ensure compliance with this section. P. VOTING FACILITIES i) On or before June 30. 1998. the defendant shall make a formal written request to the Miami Dade Voting Department for the necessary modifications to be made to the voting facilities to bring them into compliance with the ADA Standards. Q. ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT i) On or before July 31, 1998. the Economic and Community Development Department shall develop and implement a program to assure the receipt of grants and awards to provide opportunities for both private and public entities to continue to reduce physical barriers 30 ASSOCIJl.TION FOR DI:SABLBD AMBRI:CANS, I:NC., TB:B PLORI:DA PARAPLEGI:C ASSN, BlUtST ROSENlCltANTZ and DANI:EL RUIZ VB. CITY OF MIAMI: BEACH to the physically and mentally challenged and to implement the ADA. The Economic and Community Development Department shall provide the Barrier Free Committee copies of the programs and copies of notices of the availability of any such grants or awards. R. ADA NOTICES - CITY CLERK'S OFFICE i) Commencing May 1, 1998. all printed brochures, pamphlets. notices and all other materials disseminated by the defendant and any and all departments and divisions thereof shall properly state that defendant's programs. grievance procedures, policies and accommodations available to individuals with disabilities. ii) All printed brochures. pamphlets, notices and all other materials disseminated to the public by the defendant shall contain an access statement. The access statement shall at least state a telephone/voice number and a "TDD" number to request materials in accessible format sign language interpreter (5 days advance notice required), or information on access available to individuals with disabilities." S. CONTINUING OBLIGATION i) The defendant acknowledges that it is and remains under a continuing obligation to modify its existing and hereafter acquired or implemented facilities. buildings programs and services. as and if necessary. to ensure their compliance with the ADA and availability to individuals with disabilities. 2. Defendant acknowledges that the alterations and modifications agreed to by the plaintiffs. and as set forth in this Stipulation for Settlement, may be less or more than the strict 31 ASSOCIATION FOR DISABLED AMERICANS, rNC., THE FLORIDA PARAPLBGIC ASSN, BRNST ROSENKRANTZ and DANIEL R~Z va. eI'I'Y OF MIAMI BEACH requirements of the ADA and are agreed to for settlement purposes only. 3. The parties further agree that time is of the essence in all respects regarding this Stipulation for Settlement. The alterations and modifications required hereby shall be completed timely in all respects as set forth herein. Plaintiffs' representatives shall be provided reasonable access to the subject buildings/facilities to verify commencement. progress and completion of the work/actions required hereby. 4. In the event the alterations and modifications required hereby are not completed or fulfilled timely due to the defendant's fault in all respects the plaintiffs shall be entitled to an award for the injunctive relief as requested in the Complaint filed in this action and to compel compliance with this Stipulation for Settlement. The request for injunctive relief shall be awarded by the Court to plaintiffs upon a motion by any of the plaintiffs. Additionally, in the event the modifications, alterations and actions are not completed or fulfilled timely due to the defendant's fault. defendant shall pay all additional attorneys' 32 ASSOCIATION FOR DISABLED AMERICANS, INC., THE FLORIDA PARAPLBGIC ASSN, BRNST ROSENKRANTZ and DANIEL R~Z VB. CITY OF MIAMI BEACH and experts' fees and costs incurred subsequent to the execution of this Stipulation for Settlement. 5. Defendant agrees that it. and its agents and employees. will not discriminate against any individual because that individual has opposed any act or practice made unlawful by the ADA. or because any individual made a charge, testified, assisted, or participated in any manner in an investigation. proceeding, or hearing regarding this matter or under the ADA, nor will defendant or any of its agents or employees coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the ADA, in compliance with the mandates of 36.206 thereof. 6. Defendant shall pay plaintiffs for their reasonable attorneys' and expert's fees. litigation expenses and costs incurred by the plaintiffs in this matter. The amounts to be paid shall be established by the parties by separate letter agreement. If, however, the parties are unable to agree, the amount to be paid 33 ASSOC~AT~ON FOR D~SABLKD AMERICANS, ~NC., THB FLOR~DA PARAPLBG~C ASSN, BRNST ROSENKRANTZ and DANIBL RUIZ VB. CITY OF MIAMI BEACH shall be determined by hearing before the Court or a magistrate. as the Court deems appropriate. Upon notifying the Court of the settlement of this action. the parties shall request the Court to set an evidentiary hearing for a determination of the amount of fees and costs to be awarded. giving the parties until that hearing to attempt a mutual resolution of the issue. Upon agreement by the parties or determination by the Court or Magistrate of the attorneys' fees. litigation expenses, expert. s fees and costs issue, such fees and costs shall be paid to plaintiffs or their counsel and expert, as the case may be, on or before ten days from the date of such agreement or determination. 7. Each of the corporate parties hereto is a duly organized and validly existing corporation in good standing under the laws of the State of Florida, is authorized to do business in Florida, has the power and authority to execute and deliver this Stipulation for Settlement and to perform its obligations hereunder. 8. Each party hereto represents that to the best of its knowledge the execution and delivery by each of the parties to this Stipulation for Settlement and the performance by each party of its 34 ASSOCIATION FOR DISABLED AMBRICANS, INC., THE FLORIDA PARAPLBGIC ASSN, BRNST ROSENlCRANTZ and DANIEL aUIZ vs. CITY OP MIAMI BEACH respective obligations hereunder has been duly authorized by all requisite action, and will not in any respect violate or be in conflict with any of the terms, conditions or provisions of the organizational or operational documents or agreements of any of the parties, or with any law, order, rule. regulation, ordinance, code or decree of any court or governmental authority. 9. Each person executing this Stipulation for Settlement on each party's behalf has been authorized to sign on behalf of the respective party and to bind each to the terms of this Stipulation for Settlement. 10. This Stipulation for Settlement represents a compromise of disputed and uncertain claims and does not constitute an admission of liability on the part of the defendant. Neither the fact of, nor any action taken hereunder, shall constitute or be construed as an admission with respect to any claims or facts alleged by the plaintiffs. 11 . All demands. notices, requests or other communications required hereunder or permitted hereby shall be in writing and shall be deemed to have been given (i) when hand delivered to the applicable address noted below; (iil on the first 35 ASSOCIATION FOR DISABLBl> AMERICANS. INC.. THE FLORIDA PARAPLEGIC ASSN. ERNST ROSBNDANTZ and DANIEL Run vs. CITY OF MIAMI BEACH attempted delivery to the applicable address noted below by express mail or delivery service guaranteeing overnight delivery; or (iii) if a telecopy number is provided below for such party, one (1) hour after being telecopied if such hour falls on a business day within the hours of 8:00 A.M. and 5:00 P.M. of the time in effect at the place of receipt. or at 8: 00 A.M. of the next business day, provided that. in the event of a telecopy, the original is mailed by first class mail, postage prepaid, in each case addressed as follows: If to plaintiffs to: William N. Charouhis, Esq. Fowler, White, et al. 100 S.E. 2nd Street, 17th Floor Miami, Florida 33131 Telecopy No. (305) 789-9259 If to defendant to: Murray Dubbin, Esq. 1"700 Convention Center Drive 4th Floor - Legal Department Miami Beach. Florida 33139 Facsimile: 305-673-7002 12. The parties shall file a joint motion indicating that the matter has been settled by the parties. seeking Court 36 ASSOCIATION FOR DISABLED AMERICANS, IRC., nm FLORIDA PARAPLEGIC ASSN. ERNST ROSKNXRAN"l'Z a.nd DANIEL RUIZ vs. CITY OP MIAKI BEACH confirmation of the Stipulation for Settlement, and requesting that the matter be dismissed, subject to the Court retaining jurisdiction for enforcement purposes. 13. This Stipulation for Settlement is subject to the approval of the City Commission of the City of Miami Beach as required by Florida Statute Section 164.106. Defendant shall promptly schedule a public hearing on this Stipulation for Settlement. 14. The parties hereto agree that this Stipulation for Settlement and any and all other documents in connection with the settlement of this matter may be executed in counterparts. 37 ASSOCIATION rOR DISABLED >>m1UCANS, INC., T:&:B Pt.OUDA PARAPLEGIC ASSN, ERNST ROSBNDANTZ and. DANIEL RUIZ v.. CI'l'Y or aaAJC: BBACK CrTY OF MrAMr BEACH By: Printed Name: Its: Dated: THE ASSOCrATrON FOR OrSABLEO AMERrCANS, rNC. By: OANrEL RUrZ Printed Name: Daniel Ruiz Dated: Its: vice President Dated: THE FLORrOA PARAPLEGrC ASSOCrATrON BY:~)' ,<7-L'~'/1"",d:. Printed Name: Mildred Levenson ERNST ROSENKRANTZ Dated: Its: President Dated: ) 38 ASSOCIATION POR DISA!lLBD AMBRIOHS, INC.. TIm FLORIDA PARAPLEGIC ABSN. DNST ROSBNJCR.ANTZ and. DANl:EL Rm:Z v.. CI'1'Y OF x:tAHI BBACB CrTY OF MrAMr BEACH By: Printed Name: Its: Dated: DANrEL THE EO AMERrCANC\ I Bu. .10 Printed Name: Daniel Dated: Its: Vice President Dated: r;,k7-7Y THE FLORrOA PARAPLEGrC ASSOCrATrON By: ERNST ROSENKRANTZ Printed Name: Mildred Levenson Dated: Its: President Dated: ) 38 ASSOC:IATIOH POR DISABLED AKBRICAHS. INC.. T:&:B PLOUDA PARAPLEGIC ASSN, ERNST ROSBNDANTZ and. DANIEL RO'IZ v.. CITY OF MUJII BBACI[ CrTY OF MrAMr BEACH By: Printed Name: Its: Dated: THE ASSOCrATrON FOR OrSABLEO AMERrCANS, rNC. By: OANrEL RUn Printed Name: Daniel Ruiz Dated: Its: Vice President Dated: THE FLORrOA PARAPLEGrC ASSOCrATrON BY:~)' ,<"(~'/lL\ (J f Printed Name: Mildred Levenson ERNST ROSENKRANTZ Dated: Its: President Dated: ) 38 ) ASSOCIATION FOR DISABLED AMBlUCANS, INC., TKB 1'"LOIUDA PARAPLBGIC USN. UHST ROSBNDAR'rZ and DANIZL RO'IZ VIII. CITY' OP HI1\MI DBACK THE FLORIDA PARAPLEGIC ASSOCIATION By: ERNST ROSENKRANTZ Printed Name: Mildred Levenson Dated: Its: President Dated: FOWLER, WHITE, BURNETT, HURLEY, BANICK & STRICKROOT, P.A. Attorneys for Plaintiffs MURRAY H. DUBBIN, CITY ATTORNEY Attorneys for Defendant By'. ~- -:::. - ~ - ~ WILLIAM N. CHAROUHIS, ESQ. Florida Bar No. 510076 International Place 100 S.E. Second Street 17th Floor Miami, FL 33131 305-789-9259 Facsimile 305-789-9201 By: " DONALD M. PAPY, Florida Bar No. 204 1700 Convention Center Drive 4th Floor - Legal Department Miami Beach, Florida 33139 305-673-7470 Facsimile: 305-673-7002 Dated: ~/tJ.r Dated: I ,\WNC\ADA\SETTLEME.STP\MIAMIBEA. 10 6\01\98 W,\44388\SETAGR18.WNC 39 ASSOCIAT:IOH FOR. DISABLED >>DmICANS, INC.. TIm FLORIDA PARAPLBGIC ABSN, BBNST ROSBNJ:R.ANTZ and DANIZL R.U:IZ v.. CITY OF KUla aBACK CITY OF MIAMI BEACH By: Printed Name: Its: Dated: THE ASSOCIATION FOR DISABLED AMERICANS, INC. By: DANIEL RUIZ Printed Name: Daniel Ruiz Dated: Its: vice President Dated: By: THE FLORIDA PARAPLEGIC ASSOCIATION Printed Name: Mildred Levenson E ST ROSE Z Dated: ~/~fff Its: President Dated: ) 38