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BACKGROUND <br />The ADA, enacted on July 26, 1990, is divided into five parts, covering the following <br />areas: <br />Title (Employment- Requires that employers, including governmental agencies, must <br />ensure that their practices do not discriminate against persons with disabilities in the <br />application, hiring, advancement, training, compensation or discharge of an employee, <br />or in other terms, conditions and rights of employment. <br />Title II Public Services- Prohibits state and local governments from discriminating <br />against persons with disabilities or from excluding participation in or denying benefits <br />of programs, services or activities to persons with disabilities. It is under this Title that <br />his ADA Transition Plan has been prepared. The ADA Transition Plan is intended to <br />outline the methods by which physical or structural changes will be made to effect the <br />non-discrimination policies described in Title II. <br />Title III Public Accommodations- Requires places of public accommodation to be <br />accessible to and usable by persons with disabilities. The term public accommodation <br />as used in the definition often is misinterpreted as applying to public agencies, but the <br />intent of the term is to refer to any privately funded and operated facility serving the <br />public. <br />Title IV Telecommunications- Covers regulations regarding private telephone <br />companies, and requires common carriers offering telephone services to the public to <br />increase the availability of interstate and intrastate telecommunications relay services <br />to individuals with hearing and speech impairments. <br />Title V Miscellaneous Provisions- Contains several miscellaneous regulations, <br />including construction standards and practices, provisions for attorney's fees and <br />technical assistance provisions. <br />As part of Title II, which pertains to public agencies with 50 or more employees, are <br />required to prepare an ADA Transition Plan establishing a program for barrier removal. <br />This process includes conducting aSelf-Evaluation Survey of its programs, services <br />and activities to ensure they are accessible to persons with disabilities. A primary focus <br />of this requirement is an evaluation of City facilities. <br />The City completed its Self-Evaluation Survey of City facilities in 2003 and its Transition <br />Plan in 2004. While the Transition Plan has guided decisions regarding removal of <br />physical barriers, it was not formally adopted by the City Council. As a result earlier this <br />year, staff revised the Transition Plan to assure compliance with current requirements <br />and is now recommending its adoption. <br />Page 2 of 5 <br />