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2010-18RESOLUTION 2010 -18 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair desires to participate in Federal -Aid Transportation construction programs and has been awarded Federal -Aid funding; and WHEREAS, the Nebraska Department of Roads as a recipient of said Federal Funds is charged with the oversight of the expenditures of said funds and, it is necessary for the City of Blair as a sub - recipient to comply with all the requirements set forth by the Federal Highway Administration pertaining to this funding; and WHEREAS, a condition of a sub - recipient of said Federal -Aid funding is the adoption of the Section 504- Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 by the City of Blair. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, declare Section 504- Rehabilitation Act of 1973 /Americans with Disabilities Action of 1990 is hereby adopted by the City of Blair, and a copy of such policy is attached hereto, marked Exhibit "A" and by this reference made a part hereof; and BE IT FURTHER RESOLVED, that the foregoing Section 504- Rehabilitation Act of 1973 /American with Disabilities Action of 1990 shall be effective upon the passage of this Resolution as required by law and shall apply to all current and future programs and activities. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL CALL, COUNCIL MEMBERS STEWART, KEPHART, FANOELE, CHRISTIANSEN, JENSEN, ABBOTT AND WOLFF, VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23RD DAY OF MARCH, 2010. ATTEST: RENDA R. WHEELER, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA J E. REALPH, MAYOR STATE OF NEBRASKA ) ) WASHINGTON COUNTY ) :ss: BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 23rd day of March, 2010. BRENDA WHEELER, CITY CLERK AUTHORITIES CITY OF BLAIR, NEBRASKA Section 504 - Rehabilitation Act of 1973 Americans with Disabilities Act of 1990 For our purposes, a disabled person is defined as any person who 29 USC 794 (October 29, 1992 to the Rehabilitation Act of 1973) substitutes "a disability" for "handicaps" and "disability" for "handicap ". EXHIBIT "A" POLICY STATEMENT The City of Blair, Nebraska will ensure that no qualified disabled individual shall, solely on the basis of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of its programs, services, or activities as provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). The City of Blair, Nebraska further ensures that every effort will be made to provide nondiscrimination in all of its programs or activities regardless of the funding source. • Has a physical or mental impairment that substantially limits one or more major life activities, • Has a record of such an impairment, or • Is regarding as having such an impairment Section 504 of the Rehabilitation Act of 1973, as amended, provides that "No otherwise qualified disabled individual in the United States, as defined in section 7(6), shall, solely by reason of his disability, be excluded for the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." 49 CFR Part 27.13 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance) states, "This part applies to each recipient of Federal financial assistance from the Department of Transportation and to each program or activity that receives or benefits from such assistance ". 49 CFR Part 28.102 (Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Department of Transportation) states, "This part applies to all programs or activities conducted by the Department of Transportation except for programs and activities conducted outside the United States that do not involve individuals with disabilities in the United States." 28 CFR Part 35 (Judicial Administration) states that: "The purpose of this part is to effectuate Subtitle A of Title II of the ADA which prohibits discrimination on the basis of disabilities by public entities. 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance) states, The purpose of this part is to carry out the intent of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) as amended, to the end that no otherwise qualified disabled individual in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." 49 CFR Part 28 -140 (Employment) states that, "(a) No qualified individual with disabilities shall, on the basis of disability, be subjected to discrimination in employment under any program or activity conducted by the Department," and "(b) The definitions, requirements, and procedures of Section 504 of the Rehabilitation Act of 1973 (29 USC 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities. 29 CFR Part 1613 (Equal Employment Opportunity in the Federal Government) states that: "It is the policy of the Government of the United States ... to provide equal opportunity in employment for all persona to prohibit discrimination in employment because of race, color, religion, sex, or national origin and to promote the full realization of equal employment opportunity through a continuing affirmative program in each agency." 42 USC Part 12101 -12213 (The Americans with Disabilities Act of 1990) states that: "No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." ORGANIZATION The City of Blair, Nebraska utilizes the department of Building Inspector as the city's Americans with Disabilities Act (ADA) Coordinator. All complaints, questions and inquiries are directed to this department for investigation and resolution. SECTION 504/ADA COORDINATOR RESPONSIBILITIES The Blair, Nebraska ADA coordinator is responsible for inspecting all city facilities for compliance with Americans with Disability Act (ADA) and make recommendations for corrections to facilities that are found not to be in compliance with ADA. The coordinator is also responsible for receiving and investigating all complaints, questions or inquires concerning ADA of city owned facilities and reporting his findings based on his investigation. The Blair, Nebraska ADA coordinator is also responsible to facilitate any auxiliary aid or service to participate in a program, service or activity of the City of Blair, Nebraska. SECTION 504 /ADA NOTICE TO PUBLIC The City of Blair, Nebraska does not discriminate on the basis of disability in admission of its programs, services, or activities, in access to them, in treatment of individuals with disabilities, or in any aspect of their operations. The City of Blair, Nebraska also does not discriminate on the basis of disability in its hiring or employment practices. This notice is provided as required by Title 11 of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Questions, complaints, or requests for additional information or accommodation regarding the ADA and Section 504 may be forwarded to the designated ADA and Section 504 compliance coordinator: Howard Wolfe, Building Inspector 402 - 426 -4191 218 South 16 Street Blair, Nebraska 68008 Available: Monday through Friday 8 :00 am to 4 :30 pm except holiday SECTION 504 /ADA SELF - EVALUATION The City of Blair is in the process of developing a self - evaluation. To date Blair has researched the requirements of the Americans with Disability Act (ADA) and developed a plan and program to self - evaluate all facilities and programs offered by the city to the public for conformance with ADA. See attached. SECTION 504 /ADA TRANSITION PLAN The City of Blair, Nebraska has developed an outline and plan for evaluation of all city programs, services and activities. The city must now conduct an evaluation of every program, service and activity to verify compliance with the Americans with Disability Act (ADA), and correct all deficiencies identified though the evaluation. The goal of Blair is have this evaluation completed within the next twelve months and to have all deficiencies identified by the evaluation corrected within 24 months. COMPLAINT PROCEDURES Complaints that a program, service, or activity of the City of Blair, Nebraska is not accessible to persons with disabilities should be directed to: City Building Inspector and ADA Coordinator, Blair City Hall, 218 South 16 Street, Blair, Nebraska 68008, (402) 426 -4191. The building inspector shall investigate all complaints and report in writing to the City Administrator his findings and make recommendations as to modifications that need to be made to comply with ADA to provide access for persons with disabilities to city programs, services or activities. REASONABLE ACCOMMODATION PROCEDURES Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Blair, should contact City Building Inspector and ADA Coordinator, Blair City Hall, 218 South 16 Street, Blair, Nebraska 68008, (402) 426 -4191 as soon as possible but no later than 48 hours before the scheduled event. ASSURANCES Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the City of Blair, Nebraska desiring to avail itself of federal financial assistance from the US Department of Transportation, hereby gives assurance that no qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity that receives or benefits from this federal financial assistance. The City of Blair, Nebraska further assures that its programs will be conducted, and its facilities operated, in compliance with all requirements imposed by or pursuant to 49 CFR Part 27, 28 CFR Part 35 and 42 USC 12101- 12213. Adopted this Z3 day of Atroll , 2010 at Blair, Nebraska. (Month) (Year) The City Council of Blair, Nebraska Prep re y: Title: ACW102., J NDOR USE ONLY Date Received: Questionnaire Review: NDOR Employee: Title: Date: Next Step: Letter of compliance: Further review required: