AGREEMENT
This Agreement ("Agreement") is entered into this 28th day of
February, 2001 ("Effective Date") by and between the following
parties: Bay State Council of the Blind, National Federation of the
Blind of Massachusetts, Sight Loss Services, Bob Hachey, Amy E.
Hasbrouck, Cynthia Ice, Brian Langlois, Margaret Mason, Rhonda Mencey,
Phyllis Mitchell, Guy Zuccarello (hereinafter "the Claimants"), and
Fleet National Bank (hereinafter "Fleet") for the purposes and on the
terms specified herein and operates in conjunction with the
Confidential Addendum to this Agreement.
RECITALS
This Agreement is based on the following facts:
A. Each of the individual Claimants is an individual who is blind or
vision-impaired and who currently has, had, or would like to have one
or more bank accounts with Fleet or would like to use Fleet Automated
Teller Machines ("ATMs") via a network system. Each of the individual
Claimants is an individual with a disability within the meaning of
Section 3(2) of the Americans with Disabilities Act of 1990, 42 U.S.C.
§§ 12101, 12102(2) ("ADA") and the Title III regulations implementing
the ADA contained in 28 C.F.R. § 36.101, et seq. ("ADA Regulations").
B. Each of the organizational Claimants is a not-for-profit membership
organization that advocates for and provides services to Persons with
Vision Impairments in Massachusetts. Among the members of these
organizations and those on whose behalf they advocate and provide
services are many Persons with Vision Impairments who hold bank
accounts with Fleet or who hold or held bank accounts with other banks
and would like to utilize Fleet ATMs to access those accounts.
C. Fleet has branches and/or ATMs in Massachusetts, Connecticut, Rhode
Island, New York, Maine, New Hampshire, New Jersey, Delaware, Florida,
Maryland, Pennsylvania, and Virginia. A critical component of Fleet's
retail banking business consists of a network of ATMs that provide a
variety of banking services. In addition, Fleet provides information
and services through its web site and printed material to its
customers and potential customers.
D. A dispute has arisen between Claimants and Fleet concerning whether
Fleet provides Claimants and other Persons with Vision Impairments
with legally required access to its printed materials, web site, and
ATMs ("the Dispute").
E. The parties enter into this Agreement in order to resolve the
Dispute and to avoid the burden, expense, and risk of potential
litigation. In entering into this Agreement, Fleet does not admit, and
specifically denies, that it has violated or failed to comply with any
provisions of the ADA, any applicable laws of any state relating to
accessibility for persons with disabilities to public accommodations,
any regulations or guidelines promulgated pursuant to those statutes,
or any other applicable laws, regulations, or legal requirements.
Neither this Agreement, nor any of its terms or provisions, nor any of
the negotiations connected with it, shall be construed as an admission
or concession by Fleet of any such violation or failure to comply with
any applicable law. This Agreement and its terms and provisions shall
not be offered or received as evidence for any purpose whatsoever
against Fleet in any action or proceeding, other than a proceeding to
enforce the terms of this Agreement.
NOW, THEREFORE, the parties hereby agree to the following provisions:
1. Definitions. As used only in this Agreement, the following terms
shall be as defined below:
1.1 Americans with Disabilities Act or ADA means the Americans with
Disabilities Act of 1990, 42 U.S.C. §12101, et seq., and the Title III
implementing regulations, 28 C.F.R., Part 36, including Appendix A,
the Standards for Accessible Design (hereinafter "Standards").
1.2 Automated Teller Machine Location or ATM Location means a street
address where one or more Fleet ATMs are located, except as limited by
Sections 1.2(a) and 1.2(b) below.
1.2(a) If a single street address is a large public facility (such as
an airport, stadium, shopping mall, or multistory office building) and
has Fleet ATMs in more than one area, each area containing a Fleet ATM
constitutes an ATM Location.
1.2(b) If a single street address has Fleet ATMs in both indoor and
outdoor locations, the indoor and outdoor locations shall each be
considered an ATM Location. For purposes of this Section, "indoor"
location means a location within a branch or other facility which is
accessible only during times that the branch or other facility is open
to the public; "outdoor" location means a location which is
accessible, with or without bankcards, at any time.
1.3 Fleet Automated Teller Machine or Fleet ATM means, for the purpose
of this Agreement, a self-service, card-accessed electronic
information processing device that dispenses cash and/or accepts
deposits, is owned, leased or operated by Fleet, and is installed in
public locations for the primary purpose of conducting certain
financial and/or other transactions directly through the device.
Excluded from this definition are devices which only accept merchant
deposit bags or supply change.
1.4 Fleet Talking ATM means a Fleet ATM that enables Persons with
Vision Impairments to independently access all Functions on the ATM
that are available to sighted persons and that are required to be
accessible pursuant to the terms of this Agreement. A Fleet Talking
ATM has the following features: (1) provides speech output with volume
control (either on the machine or on the listening device), subject to
the provisions of Section 3.1.3 of this Agreement; (2) has Tactilely
Discernible Controls, as defined in Section 1.9 of this Agreement; (3)
ensures the privacy of the audible output of information; (4) provides
the same degree of privacy of user input as is provided to sighted
users; (5) allows the user to review and correct entries without
canceling the entire transaction to the same extent that sighted users
of the ATM can so review and correct entries for the particular
transaction; (6) provides audible transaction prompts to enable
completion of each Function required to be accessible pursuant to this
Agreement; (7) provides audible operating instructions and orientation
to machine layout; (8) allows the user to interrupt audible
instructions; (9) repeats audible instructions (after a user utilizes
an "additional time" function); and (10) provides audible
verifications for all inputs, except that entry of the personal
identification number need not be verified audibly with numbers. When
the method for ensuring privacy is an earphone, the earphone jack will
be placed in an easily locatable position and will be a standard,
3.5-millimeter size.
1.5 Fleet 24-Hour Telephone Customer Service means the toll-free
telephone banking customer service that Fleet provides to its
consumers 24 hours per day for conducting banking transactions and
obtaining information about accounts, products and services from
Fleet's Retail Distribution Group.
1.6 Counsel means The Disability Law Center, Inc., the Law Office of
Elaine B. Feingold, and the attorneys respectively practicing law
therein.
1.7 Function means a task or transaction that an ATM is capable of
performing. Examples of ATM Functions available on Fleet ATMs as of
the Effective Date include the ability to dispense cash, accept
deposits, provide account balance information before and after a
transaction, and transfer money between multiple accounts.
1.8 Persons with Vision Impairments means persons who have a physical
or mental impairment that substantially limits them in the major life
activity of seeing within the meaning of the ADA and applicable
Massachusetts law.
1.9 Tactilely Discernible Controls means operating mechanisms used in
conjunction with speech output that can be located and operated by
feel. When a numeric keypad is part of the Tactilely Discernible
Controls used on a Fleet Talking ATM, all Function keys will be mapped
to the numeric keypad and the numeric keypad will have an "echo"
effect such that the user's numeric entries are repeated in voice
form, except for the entry of a personal identification number.
2. Geographic Scope of Agreement. This Agreement shall apply to
Fleet's ATMs, web site, and printed materials, all to the extent
identified in this Agreement, wherever Fleet does business in the
United States or its territories.
3. Talking ATMs.
3.1 Development and Testing of Fleet Talking ATMs.
3.1.1 Following the Effective Date, in conjunction with its ATM
vendors, Fleet will continue developing and testing Fleet Talking
ATMs. The Fleet Talking ATMs that will be developed and tested will
provide Persons with Vision Impairments independent access to the
following Functions, to the extent that such Functions are available
to sighted persons at any Fleet ATM Location: (i) transfers between a
user's accounts; (ii) deposits to a user's accounts; (iii) cash
withdrawals from a user's accounts; (iv) account balance for a user's
accounts; and (v) cash withdrawals from a user's Fleet credit card
accounts when the ATM is accessed through the user's credit card. No
later than December 31, 2002, the following Functions, to the extent
that such functions are available to sighted persons at any Fleet ATM
location, will be made available on Fleet Talking ATMs: (a) setting
Personal Identification Number (PIN); (b) setting Fleet Cash
(pre-determined automatic cash withdrawal amount); and (c) purchasing
stamps.
3.1.2 During the Development and Testing phase, Fleet personnel will
be available, on reasonable notice, to meet with representatives of
Claimants at least once every sixty (60) days to demonstrate and
report on the progress of these efforts and to elicit input regarding
the operation, usability and flow of the Talking ATM. Fleet shall
consider all written comments given by Counsel regarding the
demonstration and report, provided that such comments and suggestions
are consistent with this Agreement and the ADA, and provided further
that such comments are communicated by Counsel in writing on behalf of
all parties and representatives within fifteen (15) business days
after the demonstration or meeting which gives rise to the comments.
Within fifteen (15) business days after receipt of any such comments,
Fleet shall provide Counsel with a specific response in writing
regarding Fleet's position on each such comment.
3.1.3 The parties recognize that Fleet's principal ATM vendors do not
currently have available for deployment on Fleet Talking ATMs the
volume control feature on the machine (described in Section 1.4(1)
above) for the Development and Testing phase of the Pilot Project.
Fleet will inform Claimants of the status of this feature, upon
reasonable request, and will incorporate this feature (or volume
control on the listening device) into Talking ATMs promptly after it
becomes available from the ATM vendor.
3.2 Pilot Project of Fleet Talking ATMs. At the conclusion of the
Development and Testing phase, in accordance with the following
schedule, Fleet will conduct a Pilot Project of Fleet Talking ATMs.
The Pilot Project will consist of the following:
3.2.1 No later than March 8, 2001, twenty (20) Fleet Talking ATMs will
be installed at Fleet ATM Locations in Massachusetts.
3.2.2 No later than March 29, 2001, fifteen (15) more Fleet Talking
ATMs will be installed at Fleet ATM Locations in Massachusetts.
3.2.3 No later than April 29, 2001, a total of fifteen (15) additional
Fleet Talking ATMs will be installed at Fleet ATM Locations in
Massachusetts and New Hampshire.
3.2.4 No later than December 1, 2001, twenty (20) Fleet Talking ATMs
will be installed at Fleet ATM Locations in New York, New Jersey,
Connecticut, and/or Rhode Island.
3.2.5 No later than December 31, 2001, twenty (20) Fleet Talking ATMs
will be installed at Fleet ATM Locations in New York, New Jersey,
Connecticut, and/or Rhode Island.
3.2.6 Selection of Locations: All Fleet ATM Locations where Fleet
Talking ATMs are installed during the Pilot Project will be mutually
agreed upon and selected by the parties from a list of locations
supplied by Fleet.
3.2.7 Meeting with Claimants: During the Fleet Talking ATM Pilot
Project, Fleet personnel will be available, on reasonable notice, to
meet with representatives of Claimants at least once every sixty (60)
days to report on the progress of the Pilot Project and to elicit
input regarding the operation, usability and flow of the Talking ATM.
Fleet shall consider all written comments given by Counsel regarding
the subjects discussed at the meeting, provided that such comments and
suggestions are consistent with this Agreement and the ADA, and
provided further that such comments are communicated by Counsel in
writing on behalf of all parties and representatives within fifteen
(15) business days after the demonstration or meeting which gives rise
to the comments. Within fifteen (15) business days after receipt of
any such comments, Fleet shall provide Counsel with a specific
response in writing regarding Fleet's position on each such comment.
3.3 Fleet Talking ATM Rollout
3.3.1 No later than September 30, 2001, Fleet will begin the Fleet
Talking ATM Rollout ("Rollout"). During the Rollout, Fleet will
install one Fleet Talking ATM at Fleet ATM Locations pursuant to the
following schedule:
DATE CUMULATIVE TOTAL NUMBER OF FLEET ATM LOCATIONS WITH TALKING ATM
AS OF THIS DATE
(number includes Locations where Talking ATMs were placed during the
Pilot Project)
November 30, 2001 165
March 31, 2002 380
September 30, 2002 720
March 31, 2003 1195
September 30, 2003 1420 (subject to Section 3.5)
3.3.2 Selection of Rollout Locations: All Fleet ATM Locations at which
Fleet Talking ATMs will be placed during the first twelve (12) months
of the Rollout will be mutually agreed to and selected by the parties
from a list of locations provided by Fleet. Location suggestions
provided in a timely manner by Claimants after this period will be
considered in good faith by Fleet. Talking ATMs will be placed in at
least the following states during the first twelve (12) months of the
Rollout: Massachusetts, Connecticut, Rhode Island, New York, Maine,
New Hampshire and New Jersey.
3.3.3 Locations with Different Types of Fleet ATMs: Whenever a Fleet
ATM Location has multiple Fleet ATMs, the Fleet Talking ATM at that
Location shall have all the Functions available at that Location,
except as otherwise provided in Section 3.8. In addition, whenever a
Fleet ATM Location has multiple ATMs with varying hours of operation,
the Fleet Talking ATM shall have the same hours of operation as the
ATM with the longest hours of operation. If the ATM with the longest
hours of operation is a drive- up location, Fleet will notify
Claimants in writing prior to installing a Talking ATM at that
location and the parties will jointly agree as to which ATM should
become the Fleet Talking ATM at that ATM location.
3.4 Newly Purchased ATMs: Following completion of the Pilot Project as
applicable in each state, each ATM purchased by Fleet from an ATM
manufacturer will be installed in that state as a Fleet Talking ATM
unless there is already a Fleet Talking ATM at the location where the
newly purchased ATM is to be installed. Fleet will use its best
efforts to install newly purchased ATMs at Fleet ATM locations that
have not yet been equipped with a Talking ATM pursuant to either the
Pilot Program set forth in Section 3.2 or the Rollout set forth in
Section 3.3.
3.5 ATMs acquired from other institutions: This section applies
whenever, during the term of this Agreement, Fleet acquires, in one
transaction, in excess of ten (10) ATM Locations that contain ATMs
that have already been deployed by another financial institution or
other ATM provider (hereafter referred to as a Bulk ATM Acquisition).
Within sixty (60) days of a Bulk ATM Acquisition, Fleet will notify
Claimants in writing, stating the number of ATMs acquired, the
manufacturer and model number of each ATM, the address at which the
ATM is installed, and the name of the financial institution or other
ATM provider from whom the machines were acquired. Within thirty (30)
days from receipt of this notice, the parties will meet and confer
regarding whether Fleet Talking ATMs will be installed at locations
that are included in the Bulk ATM Acquisition and, if so, the schedule
for installing Fleet Talking ATMs at the ATM Locations that are
included in the Bulk ATM Acquisition. As to the proposed acquisition
of Summit Bancorp, which has not been consummated as of the Effective
Date, (a) if the Summit acquisition is consummated, the Rollout
described in Section 3.3.1 shall end at September 30, 2003 with a
total of 1,420 locations; or (b) if the Summit acquisition is not
consummated, the Rollout described in Section 3.3.1 shall end at March
31, 2003 with a total of 1,195 locations.
.
3.6 Subsequently Relinquished ATM Locations. If Fleet ceases to own,
operate or lease an ATM Location after the Effective Date, that ATM
Location shall no longer be subject to this Agreement as of the date
upon which Fleet ceases to own, operate or lease the ATM Location,
unless the ATM Location is relinquished to a parent or successor of
Fleet itself, in which case the ATM Location remains subject to this
Agreement.
3.7 Subsequent Negotiations Regarding Further Deployment of Fleet
Talking ATMs
3.7.1 No later than November 1, 2002, on a date to be agreed upon by
the parties, the parties shall begin negotiating in good faith
regarding the schedule for installing Fleet Talking ATMs at remaining
Fleet ATM Locations existing as of the time of the negotiations
(including Bulk ATM Acquisitions) at which Talking ATMS have not been,
or are not scheduled to be, installed pursuant to Sections 3.2 (Pilot
Program); 3.3 (Rollout Program); 3.4 (Newly purchased machines); and
3.5 (ATMs acquired from other institutions). Such negotiations shall
continue for a period not to exceed sixty (60) days ("Negotiation
Period"), unless the parties mutually agree to an extension of the
Negotiation Period.
3.7.2 If the parties reach agreement during the negotiations described
in Section 3.7.1 of this Agreement, that agreement will be
memorialized in writing as an Addendum to this Agreement.
3.7.3 If the parties have not reached agreement during the
negotiations described in Section 3.7.1 of this Agreement, and if the
parties have not agreed to an extension of the Negotiation Period, the
issue of an appropriate schedule for installing Fleet Talking ATMs at
any remaining Fleet ATM Locations existing as of the time of the
negotiations (including Bulk ATM Acquisitions) where Talking ATMS have
not been, or are not scheduled to be, installed pursuant to Sections
3.2 (Pilot Program), 3.3 (Rollout Program), and 3.4 (Newly purchased
machines) will be submitted, at either party's request, to non-binding
mediation before a mediator or mediators agreed to by the
parties.[DEL: :DEL]
3.8 Provisions Regarding Particular Functions on Talking ATMs: If at
any time during the term of this Agreement, Fleet reasonably concludes
that there is a Function that will be offered to sighted customers on
Fleet ATMs, other than the Functions set forth in Section 3.1.1, that
cannot be made part of the Fleet Talking ATM, Fleet will notify
Claimants in writing, providing written documentation from all
applicable vendors or other explanatory material supporting its
conclusions. At Claimants' request, made in writing within fifteen
(15) days after receiving Fleet's written notification, Fleet will use
its best efforts to arrange for a meeting to be held with Claimants,
Fleet and, if applicable, the appropriate ATM vendors regarding any
Function that is the subject of the written notice.
3.9 Public Comments Regarding Fleet Talking ATMs: During the Pilot
Project and Rollout, Fleet will accept input from Persons with Vision
Impairments regarding the use and operation of the Fleet Talking ATMs.
To the extent such input is received by means of (i) electronic
communications from Persons with Vision Impairments through Fleet's
web site, (ii) in person communication at a Fleet branch, or (iii)
telephone communications from Persons with Vision Impairments through
the Fleet 24-Hour Telephone Customer Service, Fleet will record such
input on standard forms created by Fleet. Such relevant information
shall be provided to Claimants, subject to the condition that Fleet
will not provide information subject to any restrictions relating to
rights of privacy or confidentiality. In the event Claimants seek
information that Fleet contends is subject to restrictions relating to
rights of privacy or confidentiality, Claimants may invoke the
procedures of Section 7.4 of this Agreement.
3.10 Provision of Information to Claimants.
3.10.1 During the Fleet Talking ATM Pilot and Rollout, Fleet will
notify Claimants' Counsel in writing or electronically of the address
of each Fleet Talking ATM. Such notification will occur within one
week of the date on which the Fleet Talking ATM is installed.
3.10.2 Twice annually during the pendency of this Agreement, beginning
six months after the commencement of the Pilot Project, Fleet will
provide to Counsel in writing or electronically the following
information (if applicable during the reporting period) about the
Pilot and Fleet Talking ATM Rollout Programs:
3.10.2(a) the number and street address of any Fleet ATM Locations
that were not Fleet ATM Locations as of the Effective Date,
3.10.2(b) the number and street address of any Subsequently
Relinquished Fleet ATM Locations,
3.10.2(c) the number of ATMs purchased from an ATM vendor during the
reporting period and the street address of the Fleet ATM Location
where such machines were installed,
3.10.2(d) a list of any New Functions on Fleet ATMs that were not on
Fleet ATMs as of the Effective Date,
3.10.2(e) a copy of all Talking ATM Installation Checklists, as
described in Section 6.2.4, for every Fleet ATM Location at which a
Fleet Talking ATM was installed during the reporting period, and
3.10.2(f) comments received from the public pursuant to Section 3.9.
3.10.3 Within fifteen (15) days of receiving the information required
pursuant to Section 3.10.2 above, Claimants may request additional
information reasonably related to implementation of this Agreement.
Within thirty (30) days of Claimants' request, Fleet shall provide
such information to Claimants or state objections to same in writing.
3.11 Visual and Tactile Signage and Braille Labeling
3.11.1 Each Fleet Talking ATM installed pursuant to this Agreement
shall have a sign that identifies the machine as a Talking ATM. Any
text in that identifying portion of the sign shall be in large print
and Braille. Any non-text symbol on the sign shall be tactile. To the
extent there is sufficient space on the face of the machine without
altering existing layout or signage, each Non-Talking ATM at Talking
ATM locations shall have a sign in Braille and large print stating
that there is a Talking ATM at that location.
3.11.2 All Fleet Talking ATMs installed pursuant to this Agreement
shall have Braille labels identifying the following components: all
keys, the earphone jack, deposit slot, card slot, cash dispenser and
receipt dispenser.
3.12 Availability of Private Listening Devices. Fleet will use best
efforts to have any private listening devices necessary to utilize any
Fleet Talking ATM readily available at branches with Talking ATMs
during normal business hours, and such devices shall be provided free
of charge to Persons with Vision Impairments.
3.13 Maintenance of Talking ATMs. Fleet will use reasonable efforts to
maintain its Talking ATMs in operable working condition, consistent
with its prevailing service standards for ATMs generally at locations
containing a single ATM.
4. Web Accessibility.
4.1 Fleet will use its best efforts to design and generate each page
of its website (www.fleet.com) so that it substantially complies with
Priority 1 of the Web Content Accessibility Guidelines found at
(hereinafter Guidelines) by June 1, 2001. In addition, Fleet will use
its best efforts to design and generate each page of its website so
that each page substantially complies with Priority 2 of the
Guidelines by December 31, 2001.
4.2 Semi-annually during the term of this Agreement, beginning June 1,
2001, Fleet will report to Claimants regarding progress made toward
compliance with Section 4.1. All questions regarding such report that
are provided by Claimants in writing within fifteen (15) business days
of receipt of the report shall be answered by Fleet in writing fifteen
(15) business days thereafter.
4.3 For purposes of this section, adherence to the terms and
understandings contained in the Memorandum appended hereto as Exhibit
"A" shall constitute substantial compliance as to issues addressed
therein.
5. Auxiliary Aids and Services for Printed Material.
5.1 Provision of Auxiliary Aids and Services for Printed Material.
5.1.1 No later than thirty (30) days from the Effective Date, Fleet
will develop and provide to Counsel a draft of an effective policy for
providing auxiliary aids and services to Persons with Vision
Impairments. Counsel shall provide Fleet with comments thereon within
fifteen (15) days of receipt. Fleet shall consider and use best
efforts to incorporate the substance of all such written comments and
suggestions that Counsel give pursuant to this section that are
consistent with the ADA and this Agreement. No later than sixty (60)
days from the Effective Date, Fleet will finalize its policy for
providing auxiliary aids and services. No later than ninety (90) days
from the Effective Date, Fleet will implement the policy. That policy
will include, at a minimum, the following components:
5.1.1(a) Production of the following frequently used documents in
alternative formats: personal deposit account agreements, personal
deposit account fee schedules, banking brochures, and new account
opening materials, which will be generally available to Persons with
Visual Impairments at all Fleet branch offices. Alternative formats
will include Braille, audiocassette, diskette or other electronic
format, and large print, as appropriate. In addition, Fleet will make
these documents accessible through its web site within ninety (90)
days from the Effective Date. Fleet will provide at each of its branch
offices sample statements in Braille, audiocassette, diskette or other
electronic format, and large print formats.
5.1.1(b) An effective procedure whereby Persons with Vision
Impairments may request and Fleet will provide bank statements in
alternative formats, including Braille, audio cassette, diskette or
other electronic format, and large print.
5.1.1(c) An effective procedure whereby Persons with Vision
Impairments can request, and Fleet will provide, in alternative format
(Braille, audio cassette, diskette or other electronic format, and
large print) or some other effective form of communication, other
documents that Fleet provides to its sighted customers. Fleet will use
reasonable efforts to comply with requests for documents in an
alternative format within fifteen (15) business days of the date of
the request.
5.2 No Charge for Auxiliary Aids and Services. The Auxiliary Aids and
Services Policy shall state that Fleet will not impose any fees or
charges on Persons with Vision Impairments for providing any Auxiliary
Aids or Services pursuant to this Agreement.
5.3 Fee Waivers. Commencing on the Effective Date, Fleet will waive
fees associated with the use of its 24-Hour Customer Service Telephone
(already available to customers who provide notice of disability),
live teller assistance and On-Line Banking for Persons with Vision
Impairments.
5.4 Raised Line Checks. Fleet will continue to provide raised line
checks for demand deposit and negotiable order of withdrawal accounts
to Persons with Vision Impairments who so request, at a cost not to
exceed the cost of the most comparable basic checks.
5.5 Record-Keeping and Reporting. To the extent requests, complaints
or compliments are received through Fleet's website or 24-Hour
Telephone Customer Service, Fleet will have in place procedures
designed to record requests for Auxiliary Aids and Services, the
Bank's response to each such request, and complaints and compliments
about Fleet's provision of Auxiliary Aids and Services on a form
designed for this purpose. Beginning six (6) months from the Effective
Date, Fleet will provide Claimants' Counsel with semi-annual reports
describing and quantifying requests for Auxiliary Aids and Services
recorded by such procedures, listed by banking material and type of
Auxiliary Aid or Service requested, the timing and substance of
Fleet's response to each request; and summarizing complaints and
compliments received by Fleet concerning its provision of Auxiliary
Aids and Services pursuant to this Agreement. If these reports
indicate that there have been many requests for a particular document
or documents in an alternative format, Fleet will give good faith
consideration to having copies of that document or documents in
alternative formats at a central location or locations available for
prompt delivery to a branch office.
5.6 Agreement Policies. Policies created pursuant to this Agreement,
including the Grievance Procedure created pursuant to Section 7.5,
shall be available to the public in alternative formats.
6. Training of Fleet Personnel.
6.1 Training Program and Materials. Fleet will develop a training
program and train its Retail Distribution Group employees who serve
the public regarding the use and operation of Talking ATMs and the
Auxiliary Aids and Services Policy. Such employees will be trained in
a timely manner to ensure effective implementation of the provisions
of this Agreement. Fleet will provide Counsel with copies of training
materials, and the principal components of its training plan, thirty
(30) days prior to commencing the training required by this Agreement.
Counsel shall provide Fleet with comments thereon within fifteen (15)
days of receipt. Fleet shall consider and use best efforts to
incorporate the substance of all such written comments and suggestions
that Claimants give pursuant to this section that are consistent, in
Fleet's reasonable judgment, with the ADA and this Agreement.
6.2 Training Schedule.
6.2.1 Within sixty (60) days of the Effective Date, Fleet shall
finalize the training program, and shall commence initial training of
its Retail Distribution Group employees who serve the public regarding
implementation of the Auxiliary Aids and Services Policy . This
training will cover Fleet policies and practices relating to Persons
with Vision Impairments, including implementation of the fee waiver
described in Section 5.3.
6.2.2 Within ninety (90) days of the Effective Date, Fleet shall
complete initial training of employees described above regarding
implementation of the Auxiliary Aids and Services Policy .
6.2.3 New Retail Distribution Group employees hired after the
Effective Date and after the date specified in Section 6.4(b) who
serve the public shall receive training regarding implementation of
the Auxiliary Aids and Services Policy. Fleet shall include annually
an article or reminder notice about the Auxiliary Aids and Services
Policy in a publication circulated to its employees.
6.2.4 The training described in this Section 6.2 shall include
training regarding use, operation and location of Talking ATMs
consistent with the schedule and locations for installation of such
Talking ATMs. The training shall include a requirement that a Talking
ATM Installation Checklist be completed at each staffed Fleet ATM
location at which a Talking ATM is installed at least twenty-four (24)
hours before the Talking ATM is made available to the public. Within
thirty (30) days of execution of this Agreement, Fleet will provide
Counsel with a draft Talking ATM Installation Checklist. The Checklist
shall, at a minimum, have a place for every employee of the location
at which the Talking ATM is installed to indicate that they (1) have
used the machine with an earphone; (2) know where the earphones and
instructions are available at the location (subject to Section 3.12);
(3) know how to report malfunctions with the Talking ATM; and (4) have
received the training provided regarding the use, operation and
location of the Talking ATMs at the location. Fleet will consider in
good faith all Counsel's comments regarding the draft Checklist that
are consistent with this Agreement and are provided in writing within
fifteen (15) days of receipt of the draft Checklist. A final Checklist
will be provided to Counsel within sixty (60) days of execution of
this Agreement.
7. Procedures in the Event of Disputes.
7.1 Notice.
7.1.1 Notice of Non-Compliance. If at any time a party believes that
the other party has not complied with any provision of this Agreement,
that party shall provide the other party with Notice of Non-Compliance
containing the following information:
7.1.1(a) the alleged act of non-compliance;
7.1.1(b) a reference to the specific provision(s) of the Agreement
that are involved;
7.1.1(c) a statement of the remedial action sought by the
initiating party; and
7.1.1(d) a brief statement of the specific facts, circumstances and
legal argument supporting the position of the initiating party.
7.2 Meet and Confer. Within thirty (30) days of receipt of a Notice
provided pursuant to Section 7.1, Claimants and Fleet shall informally
meet and confer and attempt to resolve the issues raised in the
Notice.
7.3 Informal Discovery. As part of the meet and confer process, the
parties shall exchange relevant documents and/or other information and
engage in informal discovery in an attempt to resolve the issues
raised in the Notice given pursuant to Section 7.1. Such informal
discovery may include, but is not limited to, interviewing witnesses
and experts and exchanging additional information or supporting
documentation. Any disagreement about information to be provided shall
be handled pursuant to the provisions of this section.
7.4 Submission to Binding Arbitration.
7.4.1 If the matters raised in a Notice provided pursuant to Section
7.1(a) or (b) herein are not resolved within thirty (30) days of the
initial meet and confer required by Section 7.2, either party may
submit the unresolved matters to binding arbitration as set forth
herein.
7.4.2 Arbitration shall be held before an arbitrator or arbitrators
agreed to by the parties, provided that the arbitrator/s are available
to schedule a hearing on the matter within thirty (30) days of the
submission to binding arbitration and to render a written decision on
the matter within sixty (60) days of the first hearing date. If the
Parties are unable to agree on an arbitrator or arbitrators, then the
matter shall be submitted to tripartite arbitration. In this event,
each party shall select a partisan arbitrator, and the two partisan
arbitrators shall jointly select a neutral umpire. Failure of the
partisan arbitrators to reach agreement on a neutral arbitrator shall
result in a referral of the selection dispute to the American
Arbitration Association.
7.4.3 Law Governing Interpretation and Application of Agreement. The
terms of this Agreement, and the provisions thereof, shall be
interpreted and applied pursuant to the ADA, or where the ADA does not
provide guidance, pursuant to the laws of the Commonwealth of
Massachusetts. The parties acknowledge that at the time they conduct
further negotiations regarding further deployment of Fleet Talking
ATMs, pursuant to Section 3.7, the law and standards for access to ATM
services may have changed from the time when this Agreement was
executed. The Parties agree that those subsequent negotiations will be
based upon the law existing at the time of the negotiations. The
Parties further acknowledge that after the Effective Date, standards
for access to banking services via the Internet, or the standards for
the provision of Auxiliary Aids and Services, for Persons with Vision
Impairments, which are different from Fleet's obligations under this
Agreement, may be established by applicable new laws or regulations.
In the event of such a change, the Parties agree that where the new
law or regulation imposes a less rigorous obligation than provided in
this Agreement, Fleet's compliance with the new law or regulation will
constitute compliance with this Agreement, provided that Fleet follows
the procedures set forth in section 7.4.4, below. Where the law or
regulation imposes a more stringent obligation than provided in this
Agreement, the Parties agree that: (1) the new obligation shall be
incorporated as a term of this Agreement as soon as reasonably
feasible after the new obligation becomes effective; and (2) no action
by Fleet which is permitted or required by such laws or regulations
shall constitute a breach of this Agreement.
7.4.4 Modification Based on Change of Law or Regulations. If any party
to this Agreement contends that there is a change in any applicable
law or regulation which will necessitate a modification under Section
7.4.3, that party shall notify counsel for the other parties, in
writing. The notification will include the way in which the party
contends the Agreement should be modified as a result of the change in
law or regulation. The proposed modification will become effective
thirty (30) days after such notification unless counsel for the other
parties object in writing to the proposed modification. In the event
of disagreement between the parties over the appropriate modifications
to this Agreement as contemplated by this Section, the parties shall
meet and confer and shall work together in good faith to resolve the
disagreement. Failure to reach agreement during such meet and confer
shall be considered a dispute to be resolved pursuant to Section 7 of
this Agreement.
[DEL: :DEL]
Grievance Procedure: Within thirty (30) days from the Effective
Date, Fleet shall establish a written grievance procedure whereby
Persons with Vision Impairments can complain to Fleet about any
matter covered by this Agreement, including Fleet Talking ATMs,
Auxiliary Aids and Services, and web accessibility.
7.5.1 That procedure shall include at a minimum:
7.5.1(a) an effective method of publicizing the grievance procedure in
accessible formats;
7.5.1(b) designation of an official responsible for handling
grievances;
7.5.1(c) a timeline for responding to grievances. All responses will
be in writing and in an accessible format.
7.5.2 Beginning six months from the Effective Date, Fleet will provide
Claimants' Counsel with semi-annual reports listing the number of
grievances received, the substance of each grievance, and the
resolution of each grievance.
Notice or Communication to Parties. Any notice or communication
required or permitted to be given to the parties hereunder shall be
given in writing by facsimile or e-mail and United States mail,
addressed as follows:
To Claimants:
Stanley J. Eichner
Jane K. Alper
Disability Law Center, Inc.
11 Beacon Street, Suite 925
Boston, MA 02108
Fax No. 617.723.9125
email: [log in to unmask], [log in to unmask]
Elaine B. Feingold
Law Office of Elaine B. Feingold
1524 Scenic Avenue
Berkeley, CA 94708
Fax No. 510.548.5508
email: [log in to unmask]
To Fleet:
Robert L. Klivans
Deputy General Counsel
FleetBoston Financial Corp.
100 Federal Street
Mail Stop MA DE 10019C
Boston, MA 02110
Fax No. 617.434.2073
email: [log in to unmask]
9. Publicity Regarding This Agreement and Its Components.
9.1 Information to Bank Customers Regarding Talking ATMs and the
Auxiliary Aids and Services Policy.
9.1.1 On or prior to installation of the first pilot Fleet Talking
ATM, Fleet will provide information about the location of Fleet
Talking ATMs on the "ATM Locator" page of Fleet's website and through
the Fleet 24-Hour Telephone Customer Service. On or prior to
implementation of the Auxiliary Aids and Services Policy, the website
and Fleet 24-Hour Telephone Customer Service shall also include
information regarding the existence of the Policy and the method(s) by
which Persons with Vision Impairments can request Auxiliary Aids and
Services. To facilitate communication regarding services provided
under this Agreement, Fleet will establish a dedicated option on its
main menu of the Fleet 24-Hour Telephone Customer Service.
9.1.2 Fleet shall provide Persons with Vision Impairments its
Auxiliary Aids and Services Policy upon request made to branch staff
or 24-Hour Telephone Customer Service agents or operators. The
Auxiliary Aids and Services Policy shall be available in formats that
provide effective communication to Persons with Vision Impairments.
9.2 Information to Persons with Vision Impairments Regarding Talking
ATMs and the Auxiliary Aids and Services Policy. Twice annually for
the two years following the Effective Date, Fleet will distribute
public service announcements to media and organizations serving
Persons with Vision Impairments, in order to publicize the existence
of Fleet Talking ATMs and the Auxiliary Aids and Services Policy.
Within sixty (60) days of the Effective Date, Claimants shall provide
Fleet with a list of media and organizations to which the announcement
should be distributed. The content of the public service announcement
shall be consistent with this Agreement and subject to Claimants'
prior review.
9.3 Joint Press Release to Announce Execution of this Agreement. The
parties will negotiate a joint press release to be issued as soon as
practicable upon execution of the Agreement. If the parties cannot
agree on a joint press release, either party may issue its or their
own press release, provided that (i) the content is consistent with
this Agreement; and (ii) a copy of the release is provided to all
parties and their counsel at least twenty-four (24) hours before it is
sent to the press.
9.4 Joint Press Release and Press Conference to Announce Installation
of First Pilot Machine(s). The parties will negotiate a joint press
release, and will schedule a joint press conference to be issued and
held as soon as practicable after the first pilot Talking ATMs are
installed. If the parties cannot agree on the content of the joint
press release, either party may issue its or their own press release,
and schedule its or their own press conference, provided that (i) the
content of the press release is consistent with this Agreement; and
(ii) a copy of the release, and the time and location of the press
conference, is communicated to all parties and their counsel at least
forty-eight (48) hours before notification to the press.
10. Modification in Writing. No modification of this Agreement by the
parties shall be effective unless it is in writing and signed by
authorized representatives of all the parties hereto.
11. Agreement Binding on Assigns and Successors. This Agreement shall
bind any assigns and successors of Fleet and Claimants. Counsel shall
be notified in writing within thirty (30) days of the existence, name,
address and telephone number of any assigns or successors of Fleet.
12. Force Majeure. The performance of Fleet under this Agreement shall
be excused during the period and to the extent that such performance
is rendered impossible, impracticable or unduly burdensome due to acts
of God, strikes or lockouts. If Fleet seeks to invoke this Section, it
shall notify Counsel in writing as soon as reasonably possible,
specifying the particular action that could not be performed and the
specific reason for the non-performance. Counsel and Fleet will
thereafter meet and confer regarding an alternative schedule for
completion of the action that could not be performed, or an
alternative action. Any dispute regarding the applicability of this
Section, or any future action to be taken, that remains after the meet
and confer session will be handled as a dispute pursuant to Section 7
of this Agreement.
13. Integrated Agreement. This Agreement and the Confidential Addendum
executed concurrently herewith constitute the entire Agreement
relating to the subject matters addressed therein.
14. Rules of Construction. Each party and its legal counsel have
reviewed and participated in the drafting of this Agreement; and any
rule of construction to the effect that ambiguities are construed
against the drafting party shall not apply in the interpretation or
construction of this Agreement. Section titles used herein are
intended for reference purposes only and are not to be construed as
part of the Agreement. The Recitals are integral to the construction
and interpretation of this Agreement and are therefore incorporated
into this Agreement in their entirety.
15. Triplicate Originals/Execution in Counterparts. All parties and
Counsel shall sign three copies of this document and each such copy
shall be considered an original. This document may be executed in
counterparts.
FLEET NATIONAL BANKBy: _____________________________
Name:
Title:
BAY STATE COUNCIL OF THE BLIND
By: _____________________________
Name:
Title:
NATIONAL FEDERATION OF THE BLIND OF MASSACHUSETTS
By: _____________________________
Name:
Title:
SIGHT LOSS SERVICES
By: _____________________________
Name:
Title:
____________________________ ____________________________
BOB HACHEY MARGARET MASON
____________________________ ____________________________
AMY E. HASBROUCK RHONDA MENCEY
____________________________ ____________________________
CYNTHIA ICE PHYLLIS MITCHELL
____________________________ ____________________________
BRIAN LANGLOIS GUY ZACARELLO
_________________________________________________________________
VICUG-L is the Visually Impaired Computer User Group List.
To join or leave the list, send a message to
[log in to unmask] In the body of the message, simply type
"subscribe vicug-l" or "unsubscribe vicug-l" without the quotations.
VICUG-L is archived on the World Wide Web at
http://maelstrom.stjohns.edu/archives/vicug-l.html
|
