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Item T7 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary -Meeting Date February 18, 2003 Division County Attorney AGENDA ITEM WORDING Approval of settlement agreement in Karl Loose & Advocates for Disabled Americans v. Monroe County. ITEM BACKGROUND The Plaintiffs sued the County over alleged violations of the Americans with Disabilities Act for perceived deficiencies at the Jackson Square Court House complex in Key West and at Higgs Beach. County legal staff has negotiated a tentative agreement which would give the County as much as 28 months to correct the alleged violations. PREVIOUS RELEVANT BOCC ACTION The Board met in closed session in December 2003 to discuss settlement negotiations and strategy as it relates to litigation expenditures. CONTRACT I AGREEMENT CHANGES .. STAFF RECOMMENDAnONS Approval. TOTAL COST Unknown BUDGETED Yes No xx COST TO COUNTY Unknown SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISIDN DIRECTORAPPROVAL:s,,14~ 02-/0310' JOHN R. COLLINS DOCUMENTATION: Included xxx To Follow 0 Not Required 0 AGENDA ITEM # -r'l IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA KARL LOOSE,ADVOCATES FOR DISABLED AMERICANS, Plaintiffs v. Case No.: 03-10019-CIV-Highsmith Magistrate Judge Turnoff MONROE COUNTY Defendant I JOINT STIPULATION OF SETTLEMENT AND REQUEST FOR DISMISSAL OF CASE Plaintiffs Karl Loose ("Loose") and Advocates for Disabled Ameri~Eins ("Advocates"), and Defendant Board of County Commissioners of Monroe County ("Monroe County"), hereby file this joint stipulation of settlement and state as follows: 1. The Plaintiffs have sued the Defendant for alleged violations of the Americans with Disabilities Act ("ADA") at Higgs Beach County Park ("Higgs Beach"), the location of which is precisely set forth at 9 13.5-3 of the Monroe County Code, and at the Jackson Square Court House complex ("Jackson Square"), which is located in the 500 block of Whitehead Street in Key West, Florida. Three buildings in the Jackson Square complex are the subject of the Plaintiffs' complaint: a.) the recently renovated historic Court House ("Old Court House"); b) the Court House Annex ("Annex"), and c) the Lester Building ("Lester Building") which contains the Clerk of Court's record center as well as the offices for other State and County agencies. 2. With the exception of attorney's fees and costs, the parties have reached an amicable settlement of the issues raised by the pleadings in this case and seek the Court's approval of the settlement and a dismissal with prejudice, subject to the Court's retaining jurisdiction to enforce the terms of this agreement. 3. Monroe County agrees that it will make a good faith effort to move forward with all deliberate speed to correct the deficiencies which the Plaintiffs allege to exist at Higgs Beach and Jackson Square as more fully set forth below. 4. Plaintiffs Loose and Advocates agree that during the period beginning with the execution of this agreement and ending on Memorial Day, 2006, that neither will file suit against Monroe County for any perceived violations of the Americans with Disabilities Act, the Florida Americans with Disabilities Accessibility Implementation Act, or any similar federal or state statute, or local ordinance, without first giving the Monroe County Attorney's Office 120 days advanced written notice of the perceived violation prior to filing suit in order to permit Monroe County to take corrective action in lieu of litigation. Jackson Square 5. Monroe County will relocate and/or repaint any of the noncompliant disabled parking spaces in the Jackson Square complex so that each space complies with the requirements of the ADA, including but not limited to size, 2 location, total number, slope or grade, signage and access aisles. This correction shall be completed by Memorial Day, 2005. Old Court House 6. Monroe County will install appropriate signage to inform disabled individuals and others of the accessible entrance to the Old Court House building. This correction shall be completed by Memorial Day 2004. 7. Monroe County will remove and/or modify the handrail on the steps leading to the non-public entrance to the misdemeanor division of the clerk of court's office so that the handrail will not obstruct the path of access from the street to the accessible entrance to the Old Court House. This correction shall " be completed by Memorial Day 2004. 8. Monroe County will adjust the height of public drinking fountains located on each floor of the Old Court House to a level that complies with the ADA. This correction shall be completed by Memorial Day 2005. Court House Annex 9. Monroe County will lower the coat hooks in the first floor accessible bathrooms in the Court House Annex to a level that complies with the requirements of the ADA. This correction shall be completed by Memorial Day 2004. 10. Monroe County will install at least one sign on every floor of the Court House Annex that is open to the public advising that accessible bathrooms 3 are available on the first floor of the building. This correction shall be completed by Memorial Day 2004. Lester Building 11. Monroe County will retrofit at least one public bathroom in the Lester Building so that it complies with the requirements of the Americans with Disabilities Act and install appropriate signage throughout the building which directs the public to that bathroom. This correction shall be completed by Memorial Day 2006. Higgs Beach 12. Monroe County will relocate and/or repaint any of the noncompliant disabled parking spaces at Higgs Beach so that each space complies with the requirements of the ADA, including but not limited to size, location, total number, slope or grade, signage and access aisles. The Higgs Beach parking corrections shall be completed by Memorial Day, 2005. 13. Monroe County shall create an accessible route and entrance to the tennis courts located at Higgs Beach in a manner that complies with the requirements of the ADA. This correction shall be completed by Memorial Day, 2005. 14. Monroe County shall provide access to all services provided on the beach at Higgs Beach, including access to all vendors, security offices, picnic 4 areas, and to the beach itself. These corrections shall be completed by Memorial Day, 2005. 15. Monroe County shall provide at least one publicly accessible bathroom that satisfies the requirements of the ADA at Higgs Beach. This correction shall be completed by Memorial Day, 2006. General provisions 16. Monroe County shall conduct a self evaluation of all of its facilities and roads, including those not subject to this action, to update its transition plan for bringing each facility and road into compliance with the ADA. This self evaluation shall be completed by Memorial Day, 2005. 17. Loose and Advocates agree that, in the event that Monroe County fails to perform any of the conditions in this stipulation, that either will provide written notice of such failure to the Monroe County Attorney's office. Monroe County shall then have 30 days to cure said deficiency before this agreement shall be deemed to have been breached. Any unresolved disputes shall be resolved by the Court; the prevailing party shall be entitled to an award of attorney's fees and costs, if appropriate. 18. The parties agree to continue to work in good faith to resolve the sole issue that remains unresolved, namely, the amount of attorney's fees and costs owed by Monroe County to the Plaintiffs. Should no agreement on this issue be reached by the pretrial conference scheduled for March 12, 2004, the 5 Plaintiffs shall have 30 days from that date to file a motion for award of attorney's fees and costs for disposition by the Court. 19. Nothing in this agreement shall be construed as an admission of liability by any of the parties as to any of the issues raised in this action. The parties shall exchange mutual general releases in a form satisfactory to them. WHEREFORE, the parties respectfully request that this Honorable court enter an order approving the foregoing stipulation of settlement, retaining jurisdiction over this action for the purpose of enforcing the terms of this stipulation, and dismissing this action with prejudice. For the Plaintiffs Karl Loose and Advocates for Disabled Americans, Inc. " Anthony J. Brady, Jr., Esq. FBN: 0100366 6671 West Indiantown Road, Suite 56-251 Jupiter, Florida 33458 (561) 745-8423 Attorney for the Plaintiffs For the Defendant Board of County Commissioners of Monroe County, Florida, Robert B. Shillinger, Esq. Assistant County Attorney P.O. Box 1026 Key West, Florida 33041-1026 (305) 292-3470 Attorney for the Defendant MONROE COUNTY ATTORNEY APPROVFP AS TO FORM: qO~~lltQ ~~ \ JOHN R. COLLINS COUNTY ATTORNEY Date 0 2. \ o~ \ 0'1 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA KARL LOOSE,ADVOCATES FOR DISABLED AMERICANS, Plaintiffs v. Case No.: 03-10019-CIV-Highsmith Magistrate Judge Turnoff MONROE COUNTY Defendant / JOINT STIPULATION OF SETTLEMENT AND REQUEST FOR DISMISSAL OF CASE Plaintiffs Karl Loose ("Loose") and Advocates for Disabled Americans ("Advocates"), and Defendant Board of County Commissioners of Monroe . County (l/Monroe County"), hereby file this joint stipulation of settlement and state as follows: 1. The Plaintiffs have sued the Defendant for alleged violations of the Americans with Disabilities Act ("ADA") at Higgs Beach County Park ("Higgs Beach"), the location of which is precisely set forth at 9 13.5-3 of the Monroe County Code, and at the Jackson Square Court House complex ("Jackson Square"), which is located in the 500 block of Whitehead Street in Key West, Florida. Three buildings in the Jackson Square complex are the subject of the Plaintiffs' complaint: a.) the recently renovated historic Court House ("Old Court House"); b) the Court House Annex ("Annex"), and c) the Lester Building ("Lester i ,1 Building") which contains the Clerk of Court's record center as well as the offices for other State and County agencies. 2. The parties have reached an amicable settlement of the issues raised by the pleadings in this case and seek the Court's approval of the settlement and a dismissal with prejudice, subject to the Court's retaining jurisdiction to enforce the terms of this agreement. 3. Monroe County agrees that it will make a good faith effort to move forward with all deliberate speed to correct the deficiencies to the extent reasonably possible, which the Plaintiffs allege to exist at Higgs Beach and Jackson Square as more fully set forth below. 4. Plaintiffs Loose and Advocates agree that during the period beginning with the execution of this agreement and ending on Memorial Day, 2006, that neither will file suit against Monroe County for any perceived violations of the Americans with Disabilities Act, the Florida Americans with Disabilities Accessibility Implementation Act, or any similar federal or state statute, or local ordinance, without first giving the Monroe County Attorney's Office 120 days advanced written notice of the perceived violation prior to filing suit in order to permit Monroe County to take corrective action in lieu of litigation. Jackson Square 5. Monroe County will relocate and/or repaint any of the noncompliant disabled parking spaces in the Jackson Square complex so that each space complies with the requirements of the ADA to the extent reasonably possible, 2 including but not limited to size, location, total number, slope or grade, signage and access aisles. This correction shall be completed by Memorial Day, 2005. Old Court House 6. Monroe County will install appropriate signage to inform disabled individuals and others of the accessible entrance to the Old Court House building. This correction shall be completed by Memorial Day 2004. 7. Monroe County will remove and/or modify the handrail on the steps leading to the non-public entrance to the misdemeanor division of the clerk of court's office so that the handrail will not obstruct the path of access from the street to the accessible entrance to the Old Court House. This correction shall be completed by Memorial Day 2004. 8. Monroe County will adjust the height of public drinking fountains located on each floor of the Old Court House to a level that complies with the ADA to the extent reasonably possible. This correction shall be completed by Memorial Day 2005. Court House Annex 9. Monroe County will lower the coat hooks in the first floor accessible bathrooms in the Court House Annex to a level that complies with the requirements of the ADA. This correction shall be completed by Memorial Day 2004. 3 10. Monroe County will install at least one sign on every floor of the Court House Annex that is open to the public advising that accessible bathrooms are available on the first floor of the building. This correction shall be completed by Memorial Day 2004. Lester Building 11. Monroe County will retrofit at least one public bathroom in the Lester Building so that it complies with the requirements of the Americans with Disabilities Act to the extent reasonably possible and will install appropriate signage throughout the building which directs the public to that bathroom. This correction shall be completed by Memorial Day 2006. Higgs Beach 12. Monroe County will relocate and/or repaint any of the noncompliant disabled parking spaces at Higgs Beach so that each space complies with the requirements of the ADA to the extent reasonably possible, including but not limited to size, location, total number, slope or grade, signage and access aisles. The Higgs Beach parking corrections shall be completed by Memorial Day, 2005. 13. Monroe County shall create an accessible route and entrance to the tennis courts located at Higgs Beach in a manner that complies with the requirements of the ADA to the extent reasonably possible. This correction shall be completed by Memorial Day, 2005. 4 14. Monroe County shall provide access to the extent reasonably possible to the services provided on the beach at Higgs Beach, including access to vendors, security offices, picnic areas, and to the beach itself. These corrections shall be completed by Memorial Day, 2005. 15. Monroe County shall provide at least one publicly accessible bathroom that satisfies the requirements of the ADA at Higgs Beach to the extent reasonably possible. This correction shall be completed by Memorial Day, 2006. General provisions 16. Monroe County shall conduct a self evaluation of its facilities and roads, including those not subject to this action, to update its transition plan for bringing each facility and road into compliance with the ADA to the extent reasonably possible. This self evaluation shall be completed by Memorial Day, 2006. 17. Loose and Advocates agree that, in the event that Monroe County fails to perform any of the conditions in this stipulation, that either will provide written notice of such failure to the Monroe County Attorney's office. Monroe County shall then have 30 days to cure said deficiency before this agreement shall be deemed to have been breached. Any unresolved disputes shall be resolved by the Court; the prevailing party shall be entitled to an award of attor'1ey's fees and costs, if appropriate. 18. Monroe County agrees to pay the Plaintiffs the sum total of fourteen thousand dollars ($14,000.00) in attorney's fees and costs. The parties agree 5 that no damages are to be awarded the Plaintiffs in this action. The parties further agree that Monroe County shall have no further liability for any costs and/or fees incurred by the Plaintiffs, including but not limited to those incurred by the Plaintiffs' counsel and/or experts, except as provided in paragraph 17 of this agreement. 19. Nothing in this agreement shall be construed as an admission of liability by any of the parties as to any of the issues raised in this action. The parties shall exchange mutual general releases in a form satisfactory to them. WHEREFORE, the parties respectfully request that this Honorable court enter an order approving the foregoing stipulation of settlement, retaining jurisdiction over this action for the purpose of enforcing the terms of this stipulation, and dismissing this action with prejudice. For the Plaintiffs Karl Loose and Advocates for Disabled Americans, Inc. Anthony J. Brady, Jr., Esq. FBN: 0100366 6671 West Indiantown Road, Suite 56-251 Jupiter, Florida 33458 (561) 745-8423 Attorney for the Plaintiffs For the Defendant Board of County Commissioners of Monroe County, Florida, Robert B. Shillinger, Esq. Assistant County Attorney P.O. Box 1026 Key West, Florida 33041-1026 (305) 292-3470 Attorney for the Defendant 6