SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF OMAHA,
NEBRASKA
UNDER THE AMERICANS WITH DISABILITIES
ACT
DJ 204-45-74
BACKGROUND
SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this
matter as a compliance review of the City of Omaha, Nebraska under title II of
the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and
the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial
assistance from the Department of Justice, the review was also conducted under
the authority of section 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 review was conducted by the Disability Rights Section of the
Department’s Civil Rights Division and focused on the City’s compliance with the
following title II requirements:
C
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 regulation, 28 C.F.R. § 35.105;
C
to notify applicants, participants, beneficiaries, and other interested
persons of their rights and the City’s obligations under title II and the
Department’s regulation, 28 C.F.R. § 35.106;
C
to designate a responsible employee to coordinate its efforts to comply
with and carry out the City’s ADA responsibilities, 28 C.F.R. §
35.107(a);
C
to establish a grievance procedure for resolving complaints of violations
of title II, 28 C.F.R. § 35.107(b);
C
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:
C 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,
C physical changes to buildings (required to have been 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), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
C
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;
C
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;
C
to provide direct access via TTY (text telephone) or
computer-to-telephone emergency services, including 9-1-1 services, for persons
who use TTY’s and computer modems, 28 C.F.R. § 35.162;
C
to provide information for interested persons with disabilities
concerning the existence and location of the City’s accessible services,
activities, and facilities, 28 C.F.R. § 35.163(a); and
C
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).
As part of its compliance review, the Department reviewed the following
facilities, which – because
construction or alterations commenced after January 26, 1992 – must comply with
the ADA’s new construction or alterations requirements:
New:
Northeast Police Precinct
Southeast Police Precinct
Benson Library
Millard Library
Household Hazardous Waste Building
Southwest Street Maintenance Facility
Park Maintenance Building
Columbus Park Community Center
Zorinsky Lake Recreation Area
Miller’s Landing Park/ River City Star
Lewis and Clark Landing:
Fire Station #3
Fire Station 63
Fire Station #65
OmahaPark Four
OmahaPark Five
OmahaPark Six
OmahaPark Seven
OmahaPark Eight
Henry and Gail Koch Family Tennis Center
Altered:
W. Dale Clark Library
Montclair Community Center and Millard Senior
Center
Vehicle Impound Lot
Central Maintenance Facility
Elmwood Park (Pool & Pavilion Only)
Miller Park (Golf Course, Pavilion, &
Pool)
N. P. Dodge Memorial Park
Camelot Community Center
Fontenelle Park (Golf Course, Pavilion, &
Pool)
Hanscom Park (Pool, Pavilion, & Tennis
Center)
Gallagher Park (Pool Only)
Fire Station #41
Abrahams Library
Fire Station #55
Blue Lion Center
Adams Park Community Center
Benson Park, Pavilion, and Ice Arena
Benson Community Center
Hitchcock Park and Motto McLean Ice Arena
Rosenblatt Stadium
The Department’s program access review covered those of the City’s
programs, services, and activities that operate in the following
facilities:
Police Department Headquarters
OmahaPark Three
Swanson Library
A. V. Sorenson Community Center and Library
Sherman Community Center
Tranquility Park Soccer Complex
Columbus Park
Johnny Goodman Golf Course
Fire Station #1
Roanoke Estates Park
Christie Heights Park Community Center
North Senior Center
The Department reviewed the City’s policies and procedures regarding
voting, emergency management and disaster prevention, and sidewalk maintenance
to evaluate whether persons with disabilities have an equal opportunity to
utilize these programs.
Finally, the Department reviewed the City Police Department’s policies
and procedures regarding providing effective communication to persons who are
deaf or hard-of-hearing.
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 under 28 C.F.R. Part 35, Subpart F, to
determine the compliance of the City with title II of the ADA and the
Department's title II implementing regulation, to issue findings, and, where
appropriate, to negotiate and secure voluntary compliance agreements. 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 pursuant to
Subpart F.
3.
The Department is authorized under 28 C.F.R. Part 42, Subpart G, to
determine the City’s compliance with section 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 and 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.
4.
The parties to this Agreement are the United States of America and the
City of Omaha, Nebraska.
5.
In order to avoid the burdens and expenses of an investigation and
possible litigation, the parties enter into this Agreement.
6.
In consideration of, and consistent with, the terms of this Agreement,
the Attorney General agrees to refrain from filing a civil suit in this matter
regarding all matters contained within this Agreement, except as provided in the
section entitled “Implementation and Enforcement.”
ACTIONS TAKEN BY
CITY
7.
In the early 1990's, as required by the ADA, the City of Omaha conducted
a Self-Evaluation of its programs, services, and facilities. Based on the findings of that
Self-Evaluation, the City implemented a Transition Plan.
8.
The City has an ADA Coordinator.
9.
During the last procurement of its 9-1-1 computer system, the City
acquired a system that enabled each 9-1-1 operator to have computerized TTY
(telecommunications equipment for deaf persons) capability at his or her call
station. Each such computerized
call station has pre-programmed TTY messages for operator use, such as the
standard greeting, “9-1-1, what is your emergency?” and standard messages, such
as “We are sending an ambulance.”
Each 9-1-1 operator has been trained in appropriate TTY
etiquette.
10. Routinely
since 1992, the City has solicited and received input from persons with
disabilities regarding the accessibility of its sidewalks, including, for
example, requests to add curb cuts at particular locations.
11. Since 1995
the City has had the Mayor’s Commission for Citizen’s with Disabilities. This Commission acts as a liaison
between the Mayor and citizens with disabilities. The Commission assists citizens with
program and access concerns throughout the City and advises the Mayor of these
concerns. The Commission also
recommends policies that affect citizens with disabilities including
accessibility, employment, etc.
12. The City
has had a long standing policy against discrimination and harassment in the
workplace; including persons with disabilities. In addition, the City has a specific
policy regarding accommodating persons with disabilities. This policy provides that the City shall
provide reasonable accommodation to ensure equal employment opportunity to any
applicant or employee who is an individual with a disability and to any employee
with permanent medical restrictions affecting the ability to perform the
employee’s essential job functions.
13. The Mayor's
Hotline, which receives citizens' complaints and comments, is fully accessible
in person or through communication devices which include a dedicated, 24-hour
TTY telephone, telephone facsimile, and Internet website.
REMEDIAL
ACTION
NOTIFICATION
14. Within two
months of the effective date of this Agreement, the City will adopt the attached
Notice (Attachment A); distribute it to all agency heads; publish the Notice in
a local newspaper of general circulation serving the City; post the Notice on
its Internet Home Page; and post copies in conspicuous locations in its public
buildings. It will refresh the
posted copies, and update the contact information contained on the Notice, as
necessary, for the life of this Agreement.
Copies will also be provided to any person upon request.
15. Within
three months of the effective date of this Agreement, and on yearly
anniversaries of this Agreement until it expires, the City will implement and
report to the Department its written procedures for providing information for
interested persons with disabilities concerning the existence and location of
the City’s accessible programs, services, and activities.
GRIEVANCE PROCEDURE
16. Within
three months of the effective date of this Agreement, the City will adopt the
attached ADA Grievance Procedure (Attachment B), distribute it to all agency
heads, and post copies of it in conspicuous locations in each of its public
buildings. It will refresh the
posted copies, and update the contact information contained on it, as necessary,
for the life of the Agreement.
Copies will also be provided to any person upon request.
GENERAL EFFECTIVE COMMUNICATION
PROVISIONS
17. Within
three months of the effective date of this Agreement, the City will identify
sources of qualified sign language and oral interpreters, real-time
transcription services, and vendors that can put documents in Braille, and will
implement and report to the Department its written procedures, with time frames,
for fulfilling requests from the public for sign language or oral interpreters,
real-time transcription services, and documents in alternate formats (Braille,
large print, cassette tapes, etc.).
18. The City
will take steps to ensure that all appropriate employees are trained and
practiced in using the Nebraska Relay Service to make and receive
calls.
LAW ENFORCEMENT AND EFFECTIVE
COMMUNICATION
19. Within
three months of the effective date of this Agreement, the City will adapt for
its own use and implement the City of Omaha Police Department’s Policy Statement
on Effective Communication with People Who are Deaf or Hard of Hearing
[Attachment C] and distribute to all officers the Guide for Law Enforcement Officers When in
Contact with People Who are Deaf or Hard of Hearing [Attachment
D].
20. Within
three months of the effective date of this Agreement, the City will contract
with one or more local qualified oral/sign language interpreter agencies to
ensure that the interpreting services will be available on a priority basis,
twenty-four hours per day, seven days a week, to its police or make other
appropriate arrangements (such as contracting directly with or hiring qualified
interpreters).
21. Within
three months of the effective date of this Agreement, the City will ensure that
each police station or substation and each detention facility housing City
inmates is equipped with a working TTY to enable persons who are deaf, hard of
hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are
time-limited, the City will adopt policies permitting inmates who use TTY’s a
longer period of time to make those calls, due to the slower nature of TTY
communications compared with voice communications.
EMPLOYMENT
22. Within
three months of the effective date of this Agreement, the City will amend its
employment policies, as necessary, to comply with the regulations of the U.S.
Equal Employment Opportunity Commission implementing title I of the Americans
with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide
that the City:
C will not discriminate on the basis of disability in its hiring or employment practices.
C will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.
C
will make reasonable accommodations for the known physical or mental
limitations of a qualified applicant or employee with a disability upon request
unless the accommodation would cause an undue hardship on the operation of the
City’s business. If an applicant or
an employee requests a reasonable accommodation and the individual's disability
and need for the accommodation are not readily apparent or otherwise known, the
City may ask the individual for information necessary to determine if the
individual has a disability-related need for the accommodation.
C will maintain any employee’s medical records separate from personnel files and keep them confidential.
C will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the City’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
SIDEWALKS
23. Within
three months of the effective date of this Agreement, the City will identify and
report to the Department all streets, roads, and highways that have been
constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a
street, road, or highway is considered an alteration for the purposes of this
Agreement. Filling a pothole is not
considered an alteration for the purposes of this Agreement. Within nine years of the effective date
of this Agreement, the City will provide curb ramps or other sloped areas
complying with the Standards or UFAS at all intersections of the streets, roads,
and highways identified under this paragraph having curbs or other barriers to
entry from a street level pedestrian walkway.
24. Beginning
no later than three months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at any intersection having curbs or other barriers to entry from a street
level pedestrian walkway, whenever a new street, road, or highway is constructed
or altered.
25. Within
three months of the effective date of this Agreement, the City will identify all
street level pedestrian walkways that have been constructed or altered since
January 26, 1992. Paving, repaving,
or resurfacing a walkway is considered an alteration for the purposes of this
Agreement. Within 9 years of the
effective date of this Agreement, the City will provide curb ramps or other
sloped areas complying with the Standards or UFAS at all places where a street
level pedestrian walkway identified under this paragraph intersects with a
street, road, or highway.
26. Beginning
no later than three months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at all newly constructed or altered pedestrian walkways where they
intersect a street, road, or highway.
WEB-BASED SERVICES AND
PROGRAMS
27. Within 1
month of the effective date of this Agreement, and on subsequent anniversaries
of the effective date of this Agreement, the City will distribute to all persons
– employees and contractors – who design, develop, maintain, or otherwise have
responsibility for content and format of its website(s) or third party websites
used by the City (Internet Personnel) the technical assistance document,
“Accessibility of State and Local Government Websites to People with
Disabilities,” which is Attachment H to this Agreement (it is also available at
www.ada.gov/websites2.htm).
28. Within
three months of the effective date of this Agreement, and throughout the life of
the Agreement, the City will do the following:
A.
Establish, implement, and post online a policy that its web pages will be
accessible and create a process for implementation;
B.
Ensure that all new and modified web pages and content are
accessible;
C.
Develop and implement a plan for making existing web content more
accessible;
D.
Provide a way for online visitors to request accessible information or
services by posting a telephone number or e-mail address on its home page;
and
E.
Periodically (at least annually) enlist people with disabilities to test
its pages for ease of use.
PHYSICAL CHANGES TO
FACILITIES
29. The
elements or features of the City’s facilities that do not comply with the
Standards, including those listed in Attachments I, J, and K, prevent persons
with disabilities from fully and equally enjoying the City’s services, programs,
or activities and constitute discrimination on the basis of disability within
the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and
35.150.
30. The City
will comply with the cited provisions of the Standards when taking the actions
required by this Agreement.
31. Within
three months of the effective date of this Agreement, the City will install
signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed
all facilities that are the subject of this Agreement for the purpose of
identifying those that have multiple entrances not all of which are
accessible.
32. Newly
Constructed Facilities: In
order to ensure that the following spaces and elements in City facilities, for
which construction was commenced after January 26, 1992, are readily accessible
to and usable by persons with disabilities, the City will take the actions
listed in Attachment I.
33. Altered
Facilities: In order to ensure
that the following spaces and elements in City facilities, for which alterations
commenced after January 26, 1992, are readily accessible to and usable by
persons with disabilities, the City will take the actions listed in
Attachment
J.
34. Program
Access in City Existing Facilities:
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 actions listed in
Attachment K.
PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE
AND ABUSE
35. If the City
owns or operates any Domestic Violence Programs, within three months of the
effective date of this Agreement, it will do the following:
A.
Whatever written information is provided regarding its Domestic Violence
Programs will also be provided in alternate formats, including Braille, large
print, audio recording, and electronic formats, upon request.
B. Enter
into contracts or make other arrangements with qualified sign language and oral
interpreters to ensure their availability when required for effective
communication with persons who are deaf or hard of hearing. The type of aid that will be required
for effective communication will depend on the individual’s usual method of
communication, and the nature, importance, and duration of the communication at
issue. In many circumstances, oral
communication supplemented by gestures and visual aids, an exchange of written
notes, use of a computer or typewriter, or use of an assistive listening device
may be effective. In other
circumstances, qualified sign language or oral interpreters are needed to
communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important
the communication, the more likely it is that a qualified interpreter will be
required for effective communication with a person whose primary means of
communication is sign language or speech reading.
C. If
the City’s Domestic Violence Programs operate a hotline to take telephone calls
of an emergency nature, the City shall ensure that it provides equivalent
service for persons who use TTY’s, including providing direct-connection service
for TTY users with hotline operators, without requiring TTY users to call
through a third party operator, such as through the state or local
Telecommunication Relay Services.
The City will obtain the necessary equipment, establish the written
procedures, and provide the training necessary to ensure effective communication
by Hotline staff with direct-connection callers using TTY’s, as well as the
training necessary to respond to callers who use the Telecommunication Relay
Services.
D.
Survey facilities used as shelters or designated as potential shelters –
or for counseling, job training, education, clothing or household provisioning,
or other aspects of Domestic Violence Programs – to ensure that adequate
arrangements are available for potential clients and family members with
disabilities, including adults and children who have mobility impairments, who
are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date of
this Agreement, modify each such facility to remove the barriers or,
alternatively, procure another, fully accessible facility to ensure that
potential clients and family members with disabilities have integrated options
when participating in a sheltering or other Domestic Violence program. Nothing in this Agreement requires any
modifications that would compromise the confidentiality of a shelter or
counseling center. Until there is a
sufficient stock of accessible housing and other facilities within the
sheltering program, the City will implement written procedures ensuring that it
has identified temporary accessible housing (such as accessible hotel rooms
within the community or in nearby communities) and other facilities that could
be used if people with disabilities need sheltering or inservice access to a
Domestic Violence Program. The cost
to potential clients of being housed or otherwise served in alternate accessible
facilities shall not exceed any costs normally attributed to clients of the
City’s Domestic Violence Programs.
E.
Implement written procedures and modify, as appropriate, eligibility
criteria, to ensure that no person with a disability is turned away from a
shelter or otherwise denied the opportunity to benefit from the services of the
City’s Domestic Violence Programs on the basis of disability.
F.
Implement written procedures to ensure that persons with disabilities who
use service animals are not denied or discouraged from participating in Domestic
Violence Programs, are able to be housed and served in an integrated
environment, and are not separated from their service animals while
participating in the City’s Domestic Violence Programs even if pets are normally
not permitted in the facilities where such programs are conducted. The procedures will not unnecessarily
segregate persons who use service animals from others but may take into account
the potential presence of persons who, for safety or health reasons, should not
be in contact with certain types of animals. If the City’s Domestic Violence Programs
require clients to make any payments for shelter or other services they provide,
clients shall not be required to make additional payments because they or their
family members use service animals.
G.
Implement written procedures to ensure that reasonable modifications are
made to City’s Domestic Violence Programs when necessary for a client or family
member with a disability to participate in such Programs, unless doing so would
fundamentally alter the nature of the program.
H.
Implement written policies to ensure that despite any “drug-free” policy
of City’s Domestic Violence Programs, persons with disabilities who use
medication prescribed for their use are able to continue using such medication
while participating in such Programs or being housed in a
shelter.
36. If the City
contracts with another entity to provide or operate programs that provide
shelter, counseling, or other assistance or supportive services to victims of
domestic violence or abuse and their families (hereafter referred to as
“Domestic Violence Programs”), it
will ensure that the other entity complies with the preceding provisions on its
behalf. If that entity will not
comply with the following provisions, the [City/County] will nonetheless take
all necessary steps to ensure that its program is accessible to persons with
disabilities.
37. Some of the
of the City’s shelters may be owned or operated by other public entities subject
to title II or by public accommodations subject to title III and, as such, are
subject to the obligation to provide program access or remove barriers to
accessibility under the ADA. This
Agreement does not limit such future enforcement action against the owners or
operators of these facilities by any person or entity, including the
Department.
38. This
Agreement shall not be construed to require the City to divulge confidential
information relating to the location or existence of any Domestic Violence
Programs, beyond what is otherwise required by applicable law or what is
necessary for the Department to effectively enforce this
Agreement.
MISCELLANEOUS
PROVISIONS
39. Except as
otherwise specified in this Agreement, at yearly anniversaries of the effective
date of this Agreement until it expires, the City will submit written reports to
the Department summarizing the actions the City has taken pursuant to this
Agreement. Reports will include
detailed photographs showing measurements, architectural plans, work orders,
notices published in the newspaper, copies of adopted policies, and proof of
efforts to secure funding/assistance for structural renovations or
equipment.
40. Throughout
the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will
maintain the accessibility of its programs, activities, services, facilities,
and equipment, and will take whatever actions are necessary (such as routine
testing of accessibility equipment and routine accessibility audits of its
programs and facilities) to do so.
This provision does not prohibit isolated or temporary interruptions in
service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
41. Within six
months of the effective date of this Agreement, the City will develop or procure
a two-hour training program on the requirements of the ADA and appropriate ways
of serving persons with disabilities.
The City will use the ADA technical assistance materials developed by the
Department and will consult with interested persons, including individuals with
disabilities, in developing or procuring the ADA training
program.
42. Within one
year of the effective date of this Agreement, the City will deliver its training
program to all City employees who have direct contact with members of the
public. At the end of that period,
the City will submit a copy of its training curriculum and materials to the
Department, along with a list of employees trained and the name, title, and
address of the trainer.
IMPLEMENTATION AND
ENFORCEMENT
43. If at any
time the City desires to modify any portion of this Agreement because of changed
conditions making performance impossible or impractical or for any other reason,
it will promptly notify the Department in writing, setting forth the facts and
circumstances thought to justify modification and the substance of the proposed
modification. Until there is
written Agreement by the Department to the proposed modification, the proposed
modification will not take effect.
These actions must receive the prior written approval of the Department,
which approval will not be unreasonably withheld or delayed.
44. The
Department may review compliance with this Agreement at any time. If the Department believes that the City
has failed to comply in a timely manner with any requirement of this Agreement
without obtaining sufficient advance written agreement with the Department for a
modification of the relevant terms, the Department 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 to enforce the terms of this Agreement, or it may initiate
appropriate steps to enforce title II and section 504 of the Rehabilitation
Act.
45. For
purposes of the immediately preceding paragraph, it is a violation of this
Agreement for the City to fail to comply in a timely manner with any of its
requirements without obtaining sufficient advance written agreement with the
Department for an extension of the relevant time frame imposed by the
Agreement.
46. Failure by
the Department to enforce this entire Agreement or any provision thereof with
regard to any deadline or any other provision herein will not be construed as a
waiver of the Department's right to enforce other deadlines and provisions of
this Agreement.
47. This
Agreement is a public document. A
copy of this document or any information contained in it will be made available
to any person by the City or the Department on request.
48. 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 (including its Attachments, which are hereby incorporated
by reference), will 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 and section 504 of the Rehabilitation
Act.
49. This
Agreement will remain in effect for 10 years.
50. The person
signing for the City represents that he or she is authorized to bind the City to
this Agreement.
51. The
effective date of this Agreement is January 1, 2006.
For the City:
By:
____________________________ MIKE FAHEY,
Mayor 1819 Farnam
Street Suite
300 Omaha, NE
68183
Date: ___________________________ |
For the United
States:
BRADLEY J.
SCHLOZMAN Acting Assistant
Attorney General
By:_____________________________
JOHN L. WODATCH,
Chief JEANINE WORDEN,
Deputy Chief MARY LOU MOBLEY,
Senior Counsel U.S. Department
of Justice Civil Rights
Division 950 Pennsylvania
Avenue, N.W. Disability
Rights Section - NYA Washington, DC
20530
Date:
______________________________
|