Settlement Agreement Department of Justice Press Releases

BACKGROUND

A. SCOPE OF THE INVESTIGATION

This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against the City of Seaside, California, ("City"). The complaint was received by the Civil Rights Division of the Department, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that the City and it's facilities are not accessible to persons with disabilities.

Because the City receives financial assistance from the Department, the investigation also was conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G. The Department expanded the scope of the investigation to include the City's compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. §35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulations, 28 C.F.R. §35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the City's ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
  
  
  • delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
    
    
  • physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
    
    
• to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. §35.151;
  
  
• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. §35.160;
  
  
• where the City communicates by telephone, to communicate through a telecommunications device for the deaf (TDD), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. §35.161;
  
  
• to provide information for interested persons concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. §35.163(a);
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: Seaside City Hall Complex, Youth and Education Center, Patullo Swim Center, Oldemeyer Center, Police Sub-station, Public Works Building, Community Liaison Office, Hair Company building, and Fire Department. The following constitute alterations that commenced after January 26, 1992: the Oldemeyer Center's men's and women's public toilet rooms, front entrance, and lobby; the Hair Company's entrance ramp; and the Youth and Education Center's men's and women's locker rooms.

B. JURISDICTION

1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this investigation under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.

3. The Department is authorized to conduct this investigation under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE CITY

4. The City prepared a Transition Plan in 1990 to comply with § 504 of the Rehabilitation Act of 1973. In January of 1993, it conducted a self-evaluation and updated its transition plan in order to come into compliance with the ADA. Both persons with disabilities and an organization representing persons with disabilities participated in the self-evaluation process.

5. Following its self-evaluation, the City took steps to bring its employment policies into compliance with title I of the ADA. All printed recruitment materials and job announcements are available in large print. Pre-employment medical or disability inquiries do not appear on its employment application and are prohibited in the interview process. Its policies recognize the City's obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment; to reasonably accommodate applicants and employees with disabilities upon notice of need, unless to do so causes an undue hardship; and to keep medical information confidential and separate from employees' personnel files.

6. The City's internal discrimination complaint policy and procedure has been revised to include discrimination based on physical or mental disability as a prohibited personnel practice, and a similar ADA policy and grievance procedure has been developed for the community and visitors to the City.

7. The City has posted notices in conspicuous places to inform interested persons of their rights and the City's obligations under title II and the Department's regulations and includes a notice of non-discrimination on the basis of disability and availability of accommodations on its job announcements.

8. The City has designated a responsible employee to coordinate its efforts to comply with the ADA and carry out the City's ADA responsibilities.

9. The City has reviewed all of its methods of communication with the general public in terms of meeting notices, published brochures, official correspondence, business cards and means of providing auxiliary aids and services at public meetings.

10. The City has provided designated accessible parking at its facilities, with the exception of the Youth and Education Center, and has otherwise begun implementation of its transition plan.

The parties to this Agreement are the United States of America and the City of Seaside, California. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

D. REMEDIAL ACTION

11. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

12. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("Standards") are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

E. EFFECTIVE COMMUNICATION

13. Within sixty days of the effective date of this Agreement, the City will make available a portable TDD to be provided, upon request, to any individual who is hearing or speech impaired, while being held in or visiting a City operated building that provides public pay phones.

14. The City agrees that it will provide refresher training for all of its TDD call takers at least once every 6 months, that it will continue to maintain its TDD equipment and that it will continue to test its TDD equipment on a regular basis and will keep records of the results of all test calls, beginning on the effective date of this Agreement.

15. The City agrees that within 3 months of the effective date of this Agreement all documents where telephone numbers are printed from any City office will have the City's TDD number printed on them.

16. The City agrees that within 3 months of the effective date of this Agreement it will provide directional signage, at its public pay telephones, to the location of the TDD in the facility in compliance with the Standards §§ 35.161, 35.163.

F. SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES

17. Within 6 months of the effective date of this Agreement, the City will have surveyed the facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible, and will have installed signage as necessary in compliance with 28 C.F.R. § 35.163(b).

G. PHYSICAL MODIFICATIONS

In order to ensure that the following spaces in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

18. YOUTH AND EDUCATION CENTER

The City shall make the following alterations to the Youth and Education Center within six months of the effective date of this Agreement:

a. Men's Toilet Room

(1) The door coat hook in the designated accessible stall is located 66 1/2 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(2) The door opening force on the doors to the toilet room will be measured and will be adjusted and maintained so that the force required to open the door is no more than 5 pounds. §§ 4.1.6(1)(b), 4.1.3(11), 4.13.11(2)(b), 4.22.2.

b. Women's Toilet Room

(1) The door coat hook in the designated accessible stall is located 66 1/2 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(2) The door opening force on the doors to the toilet room will be measured and will be adjusted and maintained so that the force required to open the door is no more than 5 pounds. §§ 4.1.6(1)(b), 4.1.3(11), 4.13.11(2)(b), 4.22.2.

(3) The toilet paper dispenser in the designated accessible stall is located more than 36 inches from the back wall. Remount the dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

c. Accessible Parking

(1) The access aisle to the right of the designated accessible space at the front entrance is not level in all directions because a built-up curb ramp intrudes into the aisle. Provide a level aisle with slopes not exceeding 1:50 in all directions, and a curb ramp that is cut into the sidewalk. §§ 4.1.6(1)(b), 4.1.2(5)(a), 4.6.3, 4.7.

(2) The curb cut to the miniature golf course does not incorporate a level landing at the top of the curb cut. Provide a curb cut that incorporates parallel curb ramps and level landings. §§ 4.1.6(1)(b), 4.1.2(1), 4.3.7, 4.7, 4.8.

19. OLDEMEYER BUILDING

The City shall complete the following alterations to the Oldemeyer Building within 180 days of the effective date of this Agreement:

Men's/Women's Toilet Stall(s)

No rear grab bars have been installed. Provide a rear grab bar that is at least 36 inches long and that begins at least 12 inches from the centerline of the water closet, i.e., no more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.

20. HAIR COMPANY BUILDING

The City shall make the following alterations to the Hair Company Building within six (6) months of the effective date of this Agreement:

The handrails on the entrance ramp do not extend beyond the bottom of the ramp segment. Provide handrails that extend, on both sides, at least 12 inches beyond the top and bottom of the ramp segment. §§ 4.1.6(1)(b), 4.1.3(1), 4.3.7, 4.8.5(2).

In order to ensure that each of the City's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions.

21. CITY HALL

The City shall make the following alterations to City Hall within one year of the effective date of this Agreement:

a. Men's Public Toilet Room

(1) The door to the toilet room has a clear opening width of 28 inches. Alter the doorway to provide a minimum clear opening width of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 & Fig. 24.

(2) The designated accessible stall is 49 1/2 inches wide and 46 1/2 inches deep. Provide a "standard" accessible toilet stall, which is at least 60 inches wide and 59 inches deep (56 inches if the water closet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.

(3) The centerline of the water closet in the designated accessible stall is located 13 inches from the side wall. Remount the water closet so that the centerline is exactly 18 inches from the side wall. §§ 4.22.4, 4.17.3 & Fig. 30(a).

(4) The side grab bar in the designated accessible stall extends 44 1/2 inches from the back wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall and is at least 40 inches long, and its end farthest from the back wall is at least 52 inches from the back wall. §§ 4.16.4, 4.17.6, 4.22.4, 4.26 & Figs. 29(b) and 30.

(5) The rear grab bar in the designated accessible stall is 31 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.16.4, 4.17.6, 4.22.4, 4.26 & Figs. 29(a) and 30.

(6) The toilet paper dispenser in the designated accessible stall is located greater than 36 inches from the back wall. Remount the dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. §§ 4.22.4, 4.17.3, & Fig. 30(d).

(7) The lavatory in the toilet room has twist-type faucets. Replace the faucet hardware with controls that can be operated with one hand and do not require tight grasping, pinching, or twisting of the wrists to operate. §§ 4.19.5, 4.22.6, 4.27.4.

(8) The hot water and drain pipes under the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. § 4.19.4.

(9) The toilet room door signage does not have Braille. Provide signage that includes raised lettering and Braille and is mounted on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor, and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. Women's Public Toilet Room

(1) The door to the toilet room has a clear opening width of 28 inches. Alter the doorway to provide a minimum clear opening width of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 and Fig. 24.

(2) The designated accessible toilet stall is 55 1/2 inches wide by 58 1/2 inches deep. Provide a "standard" accessible toilet stall, which is at least 60 inches wide and 59 inches deep (56 inches if the water closet is wall mounted), such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30, 4.22.4, 4.22.7, 4.26, 4.27.

(3) The centerline of the water closet in the designated accessible stall is located 13 inches from the side wall. Remount the water closet so that the centerline is 18 inches from the side wall. §§ 4.22.4, 4.17.3 & Fig. 30(a).

(4) The side grab bar in the designated stall extends 44 1/2 inches from the back wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, is at least 40 inches long, and the end farthest from the back wall is at least 52 inches from the back wall. §§ 4.17.6 & Fig. 30(d), 4.22.4, 4.26.

(5) The rear grab bar in the designated accessible stall is 30 1/2 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.17.6 & Fig. 30(a), 4.22.4, 4.26.

(6) The toilet room signage does not have Braille. Modify the sign so that it has raised letters and Braille, is mounted on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor, and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.30.1, 4.30.4, 40.30.5, 4.30.6.

c. Public Telephone in the Lobby

The public telephone is located in an alcove that is 22 inches wide and therefore has insufficient clear floor space in front for a forward approach by a person using a wheelchair. Provide a public telephone with volume control that has clear floor space of at least 30 inches by 48 inches that allows for either a forward or a side reach. §§ 4.1.17, 4.2.1, 4.31.2 through 4.31.8 & Fig. 44, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

d. Council Chamber

There are no wheelchair locations in the spectator seating area of the chamber. Establish wheelchair locations in the spectator seating area that are an integral part of the fixed seating plan, adjoin an accessible route, have adjacent fixed companion seats, and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.3, 4.5, 4.33 & Fig.46.

e. Conference Room

The door to the conference room has a clear opening width of 28 inches and has inadequate latch side clearance. Alter the doorway to provide a minimum clear opening width of 32 inches measured form the face of the door to the opposite door stop with the door open 90 degrees. Provide latch side clearance or a power assisted door opener. §§ 4.13.5, 4.13.6, Fig.s 24 & 25(a).

f. Licensing and Collection

The top of the service counter is located 41 1/2 inches above the floor and there are no open ends. Provide a counter that is at least 36 inches long and not more than 36 inches high, or an auxiliary counter that is not more than 36 inches high in close proximity to the main counter, or provide equivalent facilitation (e.g., use of a folding shelf or use of space on the side of the counter for handing material back and forth). § 7.2.2.

g. Mayor's Office

The door to the office has a clear opening width of less than 32 inches. Alter the doorway to provide a minimum clear opening width of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 & Fig. 24.

22. PATULLO SWIM CENTER

The City shall complete the following alterations to the Patullo Swim Center within one year of the effective date of this Agreement:

a. Men's Dressing Room

(1) The designated accessible toilet stall is 102 inches wide by 42 inches deep. Provide a "standard" accessible toilet stall, at least 60 inches wide and 59 inches deep (56 inches if the water closet is wall mounted), such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30, 4.22.4, 4.22.7, 4.26, 4.27.

(2) There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long with the end nearest the side wall mounted no more than 6 inches from the side wall. §§ 4.22.4, 4.17.6 & Fig. 30(a), 4.26.

(3) The side grab bar in the designated accessible stall extends 49 1/2 inches from the back wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.17.6 & Fig. 30(d), 4.22.4, 4.26.

(4) The toilet seat cover dispenser in the designated accessible stall is located 52 inches above the finish floor and behind the water closet. Reposition the dispenser so that the highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(5) The hand drying unit is located 50 inches above the finish floor. Reposition the hand dryer so that the highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(6) The grab bars in the showers are 37 1/2 to 39 inches above the finish shower floor. Provide grab bars that are 33 to 36 inches above the finish shower floor. §§ 4.21.4, 4.26 & Fig.37.

b. Women's Dressing Room

(1) In the designated accessible shower stall, there is a 3 inch space between the wall in which the shower head is mounted and the edge of the shower seat. Remount the shower seat so that there is a 1 1/2 inch maximum space between the walls and the shower seat. §§ 4.23.8, 4.21.3 & Fig. 36.

(2) The designated accessible stall is 102 inches wide by 41 inches deep. Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the water closet is wall mounted), such that all of the stall's elements, including stall door, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30, 4.22.4, 4.22.7, 4.26, 4.27

(3) There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more that 6 inches from the side wall. §§ 4.22.4, 4.17.6 & Fig. 30(a), 4.26.

(4) The toilet seat cover dispenser in the designated accessible stall is located 53 inches above the finish floor and behind the water closet. Reposition the dispenser so that the highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(5) The push button control for the shower is located 52 inches above the finish floor of the shower. Reposition the control so that the highest operable part is 48 inches above the finish floor. §§ 4.21.5 & Fig. 37.

23. OLDEMEYER BUILDING

The City shall complete the following alterations to the Oldemeyer Building within one year of the effective date of this Agreement:

a. Backstage Men's Toilet Rooms Adjacent to Dressing Room

(1) The doorway to the toilet room has a clear opening width of 29 1/2 inches. Alter the doorway to provide a minimum clear opening width of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 and Fig. 24.

(2) The designated accessible toilet stall is 91 inches wide by 36 inches deep. Provide a "standard" accessible toilet stall, at least 60 inches wide and 59 inches deep (56 inches if the water closet is wall mounted), such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30, 4.22.4, 4.22.7, 4.26, 4.27.

b. Women's Toilet Room adjacent to Dressing Room

(1) The doorway to the toilet room has a clear opening width of 29 1/2 inches. Alter the doorway to provide a minimum clear opening width of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 and Fig. 24.

(2) The designated accessible toilet stall is 91 inches wide by 36 inches deep. Provide a "standard" accessible toilet stall, at least 60 inches wide and 59 inches deep (56 inches if the water closet is wall mounted), such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30, 4.22.4, 4.22.7, 4.26, 4.27.

24. FIRE DEPARTMENT

The City shall complete the following alterations to the Fire Department within one year of the effective date of this Agreement:

a. The "24-hour" accessible entrance has a one inch change in level at the door threshold. Alter the threshold so that there is no abrupt change in level greater than 1/2 inch, or greater than 1/2 inch if beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing of at least 60 inches in length in front of the doorway that provides the required level maneuvering clearance for the door. §§ 4.5.2, 4.13.8, 4.8.

b. The "24-hour" accessible entrance has knob hardware. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

25. COMMUNITY LIAISON OFFICE

The City shall complete the following alterations to the Community Liaison Office within one year of the effective date of this Agreement:

The doorway to the meeting room has a clear opening width of 30 inches. Alter the doorway to provide a minimum clear opening width of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 and Fig. 24.

H. IMPLEMENTATION AND ENFORCEMENT

26. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

27. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

28. Compliance with this Agreement is exclusive to the Department of Justice and the City of Seaside. This Agreement shall not be enforceable by a third party. However, the Department shall not be limited with respect to the relevant information that it obtains to enforce this agreement or any provisions thereof.

29. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

30. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the City.

31. In the event that the City or its agents encounter a situation in which the prescribed measure for compliance is determined to be technically infeasible, as defined in the Standards § 4.1.6(j), unsafe, or constitute an undue burden it shall duly document the situation and it shall notify the Department in writing, no later than 30 days before the deadline for complying. The parties shall attempt to reach voluntary agreement on substitute modifications within 60 days. If the parties are unable to reach agreement, the Department may file suit in an appropriate federal court to enforce the provision(s).

32. This Agreement is a public document. A copy of this document or any information contained in it shall be made available to any person on request to the City or the Department.

33. The effective date of this Agreement is the date of the last signature below.

34. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.

35. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

36. The person signing for the City of Seaside represents that he/she is authorized to bind the City to this Agreement.

 

For the City:	For the United States:
By:__________________________ JERRY SMITH, Mayor City of Seaside P.O. Box 810 Seaside, California 93955 Date __September 27, 2001______	RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY, Deputy Chief Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date __10/10/01_____________

 
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