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Must operate their programs so that, when viewed in their entirety, the programs are <br /> <br /> <br />accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150). <br />May not refuse to allow a person with a disability to participate in a service, program, or <br /> <br /> <br />activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a). <br />Must make reasonable modifications in policies, practices and procedures that deny equal <br /> <br /> <br />access to individuals with disabilities unless a fundamental alteration in the program <br />would result (28 C.F.R. Sec. 35.130(b) (7). <br />May not provide services or benefits to individuals with disabilities through programs <br /> <br /> <br />that are separate or different unless the separate or different measures are necessary to <br />ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & <br />(d). <br />Must take appropriate steps to ensure that communications with applicants, participants, <br /> <br /> <br />and members of the public with disabilities are as effective as communications with <br />others (29 C.F.R. Sec. 35.160(a). <br />Must designate at least one responsible employee to coordinate ADA compliance \[28 <br /> <br /> <br />CFR Sec. 35.107(a)\]. This person is often referred to as the "ADA Coordinator." The <br />public entity must provide the ADA coordinator's name, office address, and telephone <br />number to all interested individuals \[28 CFR Sec. 35.107(a)\]. <br />Must provide notice of ADA requirements. All public entities, regardless of size, must <br /> <br /> <br />provide information about the rights and protections of Title II to applicants, participants, <br />beneficiaries, employees, and other interested persons \[28 CFR Sec. 35,106\]. The notice <br />must include the identification of the employee serving as the ADA coordinator and must <br />provide this information on an ongoing basis \[28 CFR Sec. 104.8(a)\]. <br />Must establish a grievance procedure. Public entities must adopt and publish grievance <br /> <br /> <br />procedures providing for prompt and equitable resolution of complaints \[28 CFR Sec. <br />35.107(b)\]. This requirement provides for a timely resolution of all problems or conflicts <br />related to ADA compliance before they escalate to litigation and/or the federal complaint <br />process. <br />City Engineer Westby noted that the City must have an adopted ADA Transition Plan before <br />accepting any new Federal funds, therefore this Plan must be adopted by the City Council before <br />any Federal grants can be accepted for any projects. He reviewed the draft Plan with the <br />Committee and requested input from the Committee. <br />Councilmember Kuzma asked if there is an estimate of cost. <br /> <br />Chairperson Riley agreed that it would be helpful to have an estimate of the cost for these <br />impacts. <br /> <br />City Engineer Westby stated that staff has been completing an inventory and stated that at least <br />370 pedestrian ramps would need to be replaced, along with segments of trails that would need <br />to be replaced. He stated that a very rough estimate would be well over $3,000,000 and could <br />range up to $10,000,000. He noted that this would also impact buildings. He noted that this <br />would be worked into the budget. He stated that the updates would be tied to the trail <br />maintenance policy. <br /> <br />Public Works Committee / July 17, 2018 <br />Page 4 of 7 <br /> <br />