Number X(b)(6) (formerly X(b)(6) ) This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C 12131-12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section, against the City of Norwood, Ohio. The complaint alleges that the Norwood City Hall is inaccessible to individuals with mobility impairments. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement. The Department of Justice (Department) is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complainant in this matter to determine the compliance of the city of Norwood with title II of the ADA and the Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring 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 a civil suit in this matter. The parties to the Agreement are the United States of America and the City of Norwood. The parties agree that this Agreement is not an admission of liability and should not be construed as an admission by the City of Norwood of any liability. In the interests of securing compliance by voluntary means, the parties hereby agree as follows: 1. The City of Norwood owns and operates the City Hall located in Norwood, Ohio. 2. The ADA applies to the City of Norwood because it is

a public entity as defined in 42 U.S.C. 12131. 3. Because of architectural barriers, the programs offered in the Norwood City Hall are not readily accessible to and usable by persons with mobility impairments. 01-02696 -24. Title II of the ADA and its implementing regulation prohibit discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, or activities provided by the City of Norwood in the City Hall. 5. An individual who is mobility impaired may not be denied an equal opportunity to participate in or benefit from the Norwood City services, programs, or activities or otherwise be treated differently because of a disability that makes the City Hall inaccessible. 6. Under title II of the ADA, the services, programs, or activities provided by the City, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 7. The subject of this Settlement Agreement is the development of a Compliance Plan which will provide access to the services, programs, and activities provided by the City of Norwood in the Norwood City Hall. 8. The City will develop a written Compliance Plan, including a timetable to provide access to the services, programs, and activities in the City Hall and submit the Plan for approval to the Department of Justice. The Plan will include the following: a. A statement as to how each program or activity conducted in the Norwood City Hall will be made accessible, including identification of structural changes, if any, that will be made; b. If structural changes are needed:

1. An architectural drawing, or detailed description with specifications, of any proposed modifications; 2. A detailed description, including a schedule, setting out steps that the City will take, on an interim basis, to provide access to the services, programs, and activities in the City Fall for persons who are mobility impaired until corrective action has been completed; and 3. A schedule for obtaining architectural specifications, estimates, and completion of each phase of the proposed modifications, if any, to existing structures to provide access to the City Hall. 01-02697 -39. Alteration and construction of buildings and sites in conformance with either the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines (ADAAG) will be deemed to comply with the requirements of the ADA, except that where ADAAG is used, the elevator exemption in section 4.1.3 is not available to entities covered by title II. 10.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx As of Feb. 1, 1994 xxxxxxxxxxxxx, the City shall submit a copy of the final written Compliance Plan to the Department for review and approval. 11. At the end of the 90 day period following Departmental approval of the Plan, and at the end of each 90 day period thereafter, the City will submit written progress reports on its implementation of this Agreement, and the Compliance Plan developed pursuant to this Agreement, to the Department. 12. At the completion of the steps set out in the Compliance Plan approved by the Department, the City will submit a final report to the Department. 13. If at any time the City desires to modify any portion

of this Agreement or the Compliance Plan 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. 14. In the event that the city fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement from the Department as to a modification of the relevant terms of this Agreement or the Compliance Plan, all terms of this Agreement and the Compliance Plan shall become enforceable in an appropriate Federal court. 15. The Department may review compliance with this Agreement and the compliance Plan developed pursuant to this Agreement at any time. if it determines that this Agreement or the Compliance Plan 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.


-416. Failure by the Department to enforce this entire agreement, the Compliance Plan, or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement or the Compliance Plan. 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 city or the Department on request. 18. The effective date of this Agreement is the date of the last signature below.

19. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA. For the City: For the United States:

(Handwritten) Joseph (illegible) Mayor

Stuart B. Oneglia, Chief Coordination and Review Section Civil Rights Division Date (handwritten) 11/16/93

Date (handwritten) 10/28/93