Idea Transcript
SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND NPC INTERNATIONAL, INC. DJ # 202-38-37
Settlement Agreement | Department of Justice Press Releases 1. The parties to this Agreement are the United States of America and NPC, International, Inc. The parties hereby agree as follows: A. DEFINITIONS 2. "ADA" means the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and its implementing regulations issued by the United States in effect on the date of the execution of this Agreement. 3. "Title III" means specifically title III of the ADA, 42 U.S.C. §§ 12181-12189 (1990), and its implementing regulations in 28 C.F.R. Part 36 and Appendix A in effect on the date of the execution of this Agreement. 4. "Standards" means the provisions of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.[1] 5. Unless otherwise defined, all terms used in this document have the meaning used in the ADA and the Standards. 6. "Alteration" and other forms of "alter" mean modification to a facility, which has occurred since January 26, 1992, in a manner that affects or could affect the usability of that facility or part thereof, within the meaning of 42 U.S.C. § 12183(a)(2) and 28 C.F.R. § 36.402, § 36.403, and App. A § 3.5. 7. NPC defines “Major Remodel” to mean: a substantial renovation to an existing restaurant, which gives it the appearance of a "new" restaurant, and will consist most or all of the following: installing double doors; replacing windows; replacing floor tile; installing front counters; booths or tables; or installing new bathroom fixtures. NPC defines “Demolition and Rebuild” to mean: the demolition of a restaurant to its foundation and the rebuilding of the restaurant at that site. B. FACTS & JURISDICTION 8. All NPC Pizza Hut restaurants in the United States are “restaurant[s], bar[s], or other establishment[s] serving food or drink” and are thus places of public accommodation within the meaning of 42 U.S.C. § 12181(7) (B) and 28 C.F.R. § 36.104. According to NPC, it currently operates 598 restaurants and 192 carry-out and delivery units in 25 states, over one-half of which were first acquired by NPC after 1996. According to NPC, of its restaurants, 116 were constructed after January 26, 1993; 164 were altered within the meaning of the Act; and 318 were built (and “existing”) prior to January 26, 1992, and have not been altered. 9. NPC is a public accommodation because it is a private entity that owns, leases, or operates a place of public accommodation. 42 U.S.C. §§ 12181(6), (7); 28 C.F.R. § 36.104. 10. Public accommodations must: I) design and construct all new facilities in accordance with title III of the ADA and its implementing regulation, including the Standards, unless the entity can demonstrate that it is structurally impractical to do so, 42 U.S.C. § 12183(a)(1); ii) ensure that any alterations to their facilities are completed in a manner such that, to the maximum extent feasible, each altered element, space, feature, or area is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, and otherwise complies with the applicable provisions of the regulations and standards [2 ]. 42 U.S.C. § 12183(a)(2); and iii) remove architectural barriers where such removal is readily achievable. 42 U.S.C. § 12182(b)(2)(A)(iv). [3] 11. The Department initiated a compliance review of NPC facilities pursuant to the Attorney General’s authority under 42 U.S.C. § 12188(b)(1)(A)(I). 12. During its compliance review, the Department conducted architectural surveys of 35 NPC facilities. Based upon these surveys, it concluded that many of the parking lots, entrances, seating areas, toilet rooms, and selfservice counters, among other spaces and elements of the NPC facilities surveyed, were in violation of title III of the ADA, its regulation, and corresponding provisions of the Standards. The Department has provided NPC with copies of its reports. NPC expressly denies that it has violated the ADA or any applicable regulations. 13. In order to avoid potential litigation and in consideration for the mutual promises and covenants contained herein, the parties agree to the terms of this Settlement Agreement. These terms are intended to redress the accessibility issues identified at the facilities that were previously surveyed by the United States, and also to ensure that all of the NPC facilities comply with the applicable accessibility provisions of the ADA. NPC has agreed to comply with the steps outlined below. By entering into this Agreement, NPC does not admit any violation of the ADA or its regulations, including the Standards. 14. The United States enters into this Agreement pursuant to its authority under 42 U.S.C. § 12188(b) and 28 C.F.R. Subpart E. The parties enter into this Agreement in order to avoid litigation. 15. In consideration for the actions NPC has agreed to perform in this Agreement, the United States agrees not to institute or be a party to any lawsuit filed against NPC during the term of this Agreement with respect to new construction, alteration or barrier removal, except as provided in paragraph 36. C. EMPLOYEE TRAINING 16. As a result of the United States’ compliance review, NPC has designated a Compliance Officer who will have the authority and responsibility for ensuring that all NPC Pizza Hut facilities meet the terms of this Agreement and of Title III of the ADA. The Compliance Office will undergo training on the ADA’s accessibility requirements by no later than April 5, 2006. That training will include a one day program provided by the United States as well as additional training provided by NPC. 17. As a result of the United States’ compliance review, NPC has designated NPC personnel who will assist the Compliance Officer in meeting the terms of this Agreement, including closely monitoring the work of private contractors hired by NPC to carry out accessibility work. Those personnel will also undergo the training on the ADA’s accessibility requirements, as specified by paragraph 16, by no later than April 5, 2006. 18. By no later than December 1, 2006, NPC will educate all of its Pizza Hut store managers and assistant managers about its obligations under the ADA including, but not limited to, how to maintain and operate NPC facilities in a manner that affords all guests with disabilities an equivalent service. NPC will provide a brief report, documenting the completion of and content for this training, to the United States by December 15, 2006. NPC will also educate all newly hired managers about their obligations under the ADA. D. ACTIONS TO BE TAKEN BY NPC Future Facilities 19. Four NPC Pizza Hut restaurants are scheduled to be demolished and rebuilt by no later than December 31, 2009. The locations of these existing facilities are listed in Attachment 1 to the Agreement. 20. NPC agrees to design and construct all new restaurants for which it applies for a building permit after the effective date of this Agreement, as well as those referenced in paragraph 19, including the Standards, except where it can demonstrate that it is structurally impracticable to do so. 42 U.S.C. § 303(a)(1); 28 C.F.R. § 36.401. NPC agrees to ensure that, as set forth in paragraphs 24-31 below, any alterations to an NPC restaurant for which the physical alteration of the property begins after the effective date of the Agreement shall be made in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, and in accordance with the applicable provisions for alterations. 42 U.S.C. § 12183(a) (1) and (2); 28 C.F.R. §§ 36.402-406; 28 C.F.R. Pt. 36, App. A. NPC Newly Constructed Facilities 21. By no later than December 1, 2006, NPC will (using NPC personnel who are trained in and knowledgeable about the ADA) systematically evaluate the 116 NPC Pizza Hut facilities constructed after January 26, 1993, to identify all aspects of new construction which do not meet the Standards. Those newly constructed restaurants are listed in Attachment 1 to this Agreement. 22. NPC will maintain any and all reports, photographs, and other information produced by NPC personnel pursuant to paragraph 21 above, with respect to these newly constructed facilities, and will make them available to the United States within 14 days of a request. 23. By no later than December 1, 2007, NPC will make any modifications necessary to ensure that its Newly Constructed facilities are in accordance with the ADA, including the Standards. Major Remodels 24. Sixty-six restaurants are scheduled for a major remodel within the next 4 years. These restaurant are listed in Attachment 1 to this Agreement. NPC will ensure that, by March 1, 2010, these facilities to the maximum extent feasible, meet or exceed the requirements for existing facilities contained in paragraph 32 below, and NPC will ensure that any alterations to these facilities are in accordance with the requirements for alterations, to the maximum extent feasible. 42 U.S.C. § 12183(a)(2); 28 C.F.R. §§ 36.402-406; 28 C.F.R. Pt. 36, App. A. NPC Facilities Altered Prior to the Effective Date of this Agreement 25. By no later than May 1, 2007, NPC will (using NPC personnel who are trained in and knowledgeable about the ADA) survey the 98 NPC Pizza Hut facilities altered after January 26, 1992, and before the effective date of this Agreement, to identify all aspects of any alterations which do not meet the applicable alteration Standards. These altered facilities are listed in Attachment 1 to this Agreement. 26. By no later than July 1, 2007, NPC will provide the United States with reports and digital photos of each of those restaurants made pursuant to paragraph 25 above, along with a list of proposed work that they intend to complete at each restaurant. The proposed work should ensure a) that these altered restaurants will, to the maximum extent feasible, meet or exceed the terms set forth in paragraph 32 below, and b) that all previously altered portions which do not meet the applicable alteration standards are brought into compliance with the Standards to the maximum extent feasible. 27. By no later than September 1, 2007, the United States will review the reports, photos and list of proposed work (or a representative sampling of those documents) and will identify additional items, if any, which should or must be modified. The parties will then discuss this list and attempt to reconcile the differences. By November 1, 2007, if full Agreement has been reached, NPC will begin work on the agreed upon modifications to these restaurants, and the parties will resort to mediation with respect to the remaining contested issues – sharing equally the cost of mediation. By February 1, 2008, if the parties have been unable to resolve all remaining issues through mediation and negotiation, then the provisions of paragraph 36 shall apply as if the United States had provided the 60 days notice required by that paragraph. 28. By March 1, 2008, NPC will complete all necessary work for 30 percent of its altered restaurants. 29. By March 1, 2009, NPC will complete all necessary work for another 60 percent of its altered restaurants. 30. By March 1, 2010, NPC will complete all necessary work on the remainder of its altered restaurants. Existing Restaurants 31. NPC owns 294 restaurants, which were in existence prior to January 1993, and which have not been the subject of a “demolition and rebuild,” an alteration, or a “major remodel.” For these existing facilities, which are listed in Attachment 1 to this Agreement, NPC will, by December 31, 2009, complete the actions specified in paragraph 32. 32. NPC shall ensure the following: a) Parking Areas I. On the shortest accessible route to the accessible entrance, provide one van accessible parking space designated as reserved for people with disabilities. The designated van accessible space shall be a minimum of 96 inches wide and shall be served by an access aisle at least 96 inches wide. The designated van accessible parking space and access aisle shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Provide a vertical sign with the International Symbol of Accessibility, mounted such that it cannot be obstructed by vehicles parked in the space. Provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1). ii. Where there are more than 25 spaces, on the shortest accessible route to the accessible entrance, also provide one standard accessible parking space designated as reserved for people with disabilities. The designated accessible parking space shall be a minimum of 96 inches wide and shall be served by an access aisle at least 60 inches wide. The designated accessible parking space and access aisle shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Provide a vertical sign with the International Symbol of Accessibility, mounted such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5)(a), 4.6, 4.30.7(1). iii. With regard to facilities located on non-NPC owned properties, NPC will, by December 31, 2007, report to the United States as to how it has made its best efforts to provide compliance by notifying (in writing) and working with the property owner(s) and/or property manager(s) about barriers related to parking, signage and other items, and exercising such remedies as are available under leasehold agreements in the event the property owners do not comply with the ADA and other applicable law and/or regulations. b) Accessible Entry & Routes I. Provide a designated accessible entrance with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24. ii. At each exterior and interior public use door provide a threshold that is no greater than ¼ inch high, or is no greater than ½ inch high and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2. iii. Provide at least one accessible route within the boundary of the site connecting all accessible elements (including a route from the accessible parking to the accessible entry) that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7. iv. Ensure that on the public use circulation paths no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Providing a cane-detectable barrier is an acceptable solution. Standards § 4.4. v. Provide and maintain the accessible route(s) free of obstructions, with a minimum clear width of 36 inches. Standards §§ 4.3.3, 4.13.5. vi. Provide, at interior public use doors, opening force of five pounds or less. Standards § 4.13.11(2)(b). vii. At exterior and interior public use doors, provide hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9. c) Dining Area, Food Service, & Customer Service I. Provide at least one accessible table or booth, or 5% of the total available, whichever is greater. See Standards § 5.1. ii. If a cash register, pizza pick-up area, or other customer service area is provided, provide a counter surface or check-writing area at that location. Where it is not feasible or reasonable to provide an accessible counter, equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table/counter/writing surface, or by use of a clipboard. Standards §§ 7.2(1), 7.2(2)(iii). iii. All store managers and staff will provide assistance, upon request, to customers with disabilities, and signs will be provided which state that assistance is available. d) Public Toilet Rooms I. Accessible Signage: Provide room identification signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mount on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and locate so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5. ii. Accessible Toilets, multi-user: Where multi-user toilet rooms are provided, designate both the Men’s and Women’s rooms as accessible. Provide at least one each of all of the room’s elements, including signage, door, door hardware, door maneuvering space, fixture and accessory clear floor space, water closet, stall size and configuration, stall door, grab bars, lavatory, mirror, controls, and dispensers, that comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30, Fig. 30. iii. Accessible Toilets, single user (unisex/family): Where single user toilet rooms are provided, designate both the Men’s and Women’s toilet rooms as accessible. Ensure that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30, Fig. 30. The requirements for the provision of designated accessible multi-user or single user toilets may be satisfied by either 1) providing a new, single user, designated accessible family toilet room in addition to existing multi-user toilet rooms, or 2) altering one of the existing single user toilet rooms to become a designated accessible family toilet room, leaving the remaining existing toilet room as a non-accessible family toilet room. The Department is not requiring, requesting, or recommending a reduction in the number of plumbing fixtures provided. For purposes of this Agreement, urinals need not be made accessible in barrier removal if an accessible toilet is provided. iv. Grab Bars in multi-user toilet room (Stall): Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that grab bars are mounted 33 to 36 inches above the finished floor, and shall be between 1¼ and 1½ inches in diameter. No object shall be mounted within 18 inches above the side grab bar. Standards §§ 4.17.6, 4.26.2, Figs. 30, 39. v. Grab Bars in single user toilet room: Provide a rear grab bar that is at least 36 inches in overall length, which extends at least 12 inches from the centerline of the water closet toward the side wall and at least 24 inches from the centerline of the water closet toward the open side; and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that grab bars are mounted 33 to 36 inches above the finished floor, and are between 1¼ and 1½ inches in diameter. Ensure that no object is mounted within 18 inches above the side grab bar. Standards §§ 4.16.4, 4.26.2, Figs. 29, 39. vi. Provide grab bars such that there is a distance of 1½ inches between the grab bar and the wall. Standards § 4.26.2, Fig. 39. vii. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4. viii. Provide at least one lavatory in each public use toilet room with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4. ix. Where provided, ensure that coat hooks are mounted at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and provide clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6. x. Where provision of a standard stall not feasible or reasonable, Standards § 4.17.3, NPC may provide an alternate stall, pursuant to Standards § 4.17.3 and figure 30(b), and such stall will constitute compliance with paragraph 32 of this Agreement. e) Modifications that NPC proposes are not feasible and reasonable to undertake: To the extent that NPC contends that it is not feasible or reasonable to comply with the requirements of this paragraph with respect to any element or space at any existing or altered restaurant, it will notify the United States, in writing, prior to July 1, 2007. Such notification will include, for each element or space: 1. the address of the restaurant; 2. a detailed description of the barrier, including existing measurements, photographs, and a description of the location within the store or site; 3. a detailed explanation of the reason why the action required by this agreement is not feasible or reasonable (including the estimated cost, and/or technical problems associated with the removal of a particular barrier) and; 4. any alternatives to the work which NPC proposes. For example, for purposes of paragraph 32(e) of this Agreement, full compliance may not be reasonable where: a) existing physical or site constraints prohibit modification or addition of elements, spaces, or features to achieve full compliance with the requirements of this paragraph, or b) the cost to improve access is excessive because structural conditions make it impractical; for example, where making a multi-stall toilet room accessible would require the removal of a load-bearing member which is an essential part of the structural frame, or where it would require the removal of a nonload bearing wall which has difficult to move plumbing fixtures on it (e.g. a wall hung toilet) or has unusual plumbing that would be onerous to re-locate, or where it would result in significant loss of necessary kitchen, or dining space. However, in this instance, NPC may be required to create a single-user accessible toilet room, if it is reasonable and feasible to do so. [4 ] If NPC documents that the performance of work otherwise required by this Agreement is not feasible or reasonable because of the issues identified in the above-listed example, the United States will not unreasonably withhold its consent that such work is not required by the terms of this Agreement. To the extent that the United States disputes NPC’s position that eliminating a particular barrier is not feasible or reasonable, the parties will negotiate and attempt to reach an agreement. However, by November 1, 2007, if an agreement has not been reached, the provisions of paragraph 36 shall apply as if the United States had provided the 60 days notice required by that paragraph. 33. Twenty-four NPC restaurants, which are scheduled to be closed by no later than December 31, 2007, are subject to the provisions contained in paragraph 32 (iii) above with respect to customer service. However, in the event that these restaurants are not closed by or before December 31, 2007, they are subject to the requirements and deadlines of this Agreement for existing facilities, except that the date to report any work that NPC considers feasible or reasonable to complete will be December 31, 2007, for those facilities. If NPC makes any such reports, it shall do so pursuant to the provisions of paragraph 32 (e). If an Agreement is not reached on those facilities by April 30, 2008, the provisions of paragraph 36 shall apply as if the United States had provided the 60 days notice required by that paragraph. Those restaurants are listed in Attachment 1. 34. Specific provisions for self-service and tableware/condiment areas. For all new construction or re builds (and whenever fixed, self-service food areas or tableware/condiment areas are otherwise altered or replaced), provide counters and other serving surfaces that are no more than 34 inches above the floor and 24 inches deep; and ensure that all other required height and reach range limits for both forward and parallel (side) approach comply with the applicable Standards. §§ 4.2.5, Fig. 5, 4.2.6, Fig. 6, 5.6, Fig. 54. E. ENFORCEMENT AND MISCELLANEOUS PROVISIONS 35. At any time during this Agreement, the United States may inspect any NPC restaurant for compliance with the terms of this Agreement, provided that it gives NPC’s counsel seven days notice. The United States intends, from time to time, to inspect a random sampling of NPC facilities after various requirements of this Agreement have been completed for compliance with those requirements. In evaluating compliance, the United States will consider that 28 C.F.R. Pt. 36, App A, §§ 2.2 & 3.2 each apply to the terms of this Agreement. 36. If at any time the United States believes that NPC is not in compliance with this Agreement or any requirements contained herein, the United States agrees to notify NPC in writing of the alleged noncompliance and attempt to seek a resolution of the matter with NPC. If the parties are unable to reach a resolution within 60 days of the date of the United States' written notification, the United States may seek enforcement of the terms of the Agreement in any United States District Court where jurisdiction and venue are proper. In the event that a court determines that NPC has failed to comply with any term in this Agreement, such failure to comply shall be treated as a violation of title III of the ADA and the United States may seek, and the court may assess, civil penalties as provided in 42 U.S.C. § 12188(b)(2)©. Alternatively, should the parties be unable to reach a resolution within 60 days of the date of the United States' written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulations in any United States District Court where jurisdiction and venue are proper. 37. Nothing in this Agreement waives the right of the United States to bring a civil action to enforce this Agreement. 38. No right of action shall accrue pursuant to this Agreement by any person or entity other than the United States. 39. Deadlines listed in this Agreement which fall on weekends or holidays will be extended to the next business day. 40. Unforeseen Circumstances: a) If NPC is delayed in meeting any deadline for completing work pursuant to this Agreement due to any act of God, force majeure, war, act of terrorism, civil insurrection, strike, slow down, lock out, work stoppage or other labor actions, failure or refusal of any local authority to issue a construction or occupancy permit (for reasons beyond the control of NPC), or because performing the work pursuant to the terms of this Agreement will violate a significant term in one of NPC’s agreements with its lenders or will subject NPC to the default provisions of any of its loan agreements, NPC may provide written documentation of such delay and the causes for it and request an extension of time to complete the work. The United States shall not unreasonably withhold its approval for a reasonable extension of time. b) If subsequent to July 1, 2007, NPC learns for the first time (in good faith and not for lack of reasonable diligence prior to that date) of facts indicating that any work required by this Agreement is not feasible or reasonable, NPC shall notify the United States in writing as soon as possible after learning of such facts. Such notification shall include the information listed in 32(e)1-4. NPC may request relief from, or modification of the specific terms of this Agreement with respect to specific restaurants. The United States shall not unreasonably withhold it consent to such modifications. 41. This Agreement shall be binding on NPC, its agents, and employees. In the event that NPC seeks to transfer or assign all or part of its interest in any restaurant covered by this Agreement and the successor or assign intends on continuing the same or similar use of the restaurant, as a condition of sale NPC shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement. 42. This Settlement Agreement constitutes the entire Agreement between the parties relating to this matter and no other statement, promise, or Agreement, either written or oral, made by any party or agents of any party that is not contained in this written Settlement Agreement, including its attachments, shall be enforceable. 43. Any notices or other communications required by this Agreement shall be effective when either delivered in person or by overnight mail. 44. The effective date of this Agreement is the date of the last signature below. 45. This Agreement is effective until July 1, 2010.
For NPC International INC.:
For the United States of America
WAN L. KIM Assistant Attorney General Civil Rights Division By: _____________________________ JAMES K. SCHWARTZ President and CEO NPC International, Inc.
By: _____________________________
__________________________________ Date
3/27/06 Date
JOHN L. WODATCH, Chief L. IRENE BOWEN, Deputy Chief ALYSE BASS, Senior Trial Attorney JANINE SCOTT, Trial Attorney MICHELE A. MALLOZZI, Architect Disability Rights Section U.S. Department of Justice Washington, DC 20035-6738 (202) 307-2222
[1 ] If work required by this Agreement begins while the current Standards are in effect then those Standards will apply. However, to the extent that any work begins after new Standards are adopted, then those Standards will apply.
[2 ] In addition to the requirement that each alteration to a space or element must be done in compliance with the Standards, an alteration that affects or could affect the usability of, or access to, an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to, and usable by, individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope. 42 U.S.C. § 12183(A)(2); 28 C.F.R. Pt. 36, App. A, § 4.1.6 (2).
[3 ] A “barrier” is an element of a facility that impedes access by individuals with disabilities. U.S. Dept. of Justice, Title III Tech. Asst. Manual, at 30 (Nov. 1993). “Readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:(1) the nature and cost of the action needed under this chapter; 2) the overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site; (3) the geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; (4) the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and (5) the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
[4 ] This Agreement does not require removing or altering a load-bearing member which is an essential part of the structural frame of a bathroom wall.
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June 12, 2006