SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF GARY, INDIANA
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-26-62
BACKGROUND
SCOPE OF THE INVESTIGATION
The
United States Department of Justice (Department) initiated this matter as a
compliance review of the City of Gary, Indiana 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:
U.S. Steelyard (Railcats Stadium)
Altered:
Ironwood Park
Genesis Convention Center
Metro Center
Public Safety Building
Roosevelt Park
Tolleston Park Pavilion
The
Department’s program access review covered those of the City’s programs,
services, and activities that operate in the following facilities:
Owned and Operated by City:
Aetna Park Pavilion
Ark Shelter
Borman Square Park Pavilion
Brunswick Center Park Pavilion
Carolina Park Pavilion
City Hall
Fire Department Headquarters
Fire Station No. 6
Fire Station No. 8
Fire Station No. 9
Fire Station No. 11
Fire Station No. 13
Glen Ryan Park Pavilion
Howe Park Pavilion
Hudson Campbell Fitness Center and
Parks Department
Jackson Park Pavilion
Marquette Park Pavilion
Pachter Park Pavilion
Pittman Square Park
Rainbow Shelter
South Gleason Park Golf Course
Washington Park
Westbrook Park Pavilion
Owned and Operated by Others:
Community Development Office
Glen Park Community-Oriented
Policing (COP) Office
Health Department Annex
Lake Street Community-Oriented
Policing (COP) Office
Multi-Purpose Center
Salvation Army
Tri-City Community-Oriented
Policing (COP) Office
The Department reviewed the City’s
policies and procedures regarding voting, emergency management and disaster
prevention, and sidewalk maintenance to evaluate whether people 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
Gary, Indiana.
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.
The
City reports that it has taken the following actions to comply with the ADA:
a.
The Gary Human Rights Commission (GHRC)
is engaged in educating Gary citizens about the Americans with Disabilities
Act. The ADA Coordinator is based in
GHRC. GHRC distributes publications to
citizens about the ADA, and publishes information in its newsletter about
disability discrimination.
b.
In 1986, city officials organized the
Mayor’s Organization on Disabilities (MOD).
The goals of the Mayor’s Organization on Disabilities are to increase
opportunities and the quality of life for persons in Gary who have
disabilities. The Mayor’s Organization
on Disabilities (MOD) hosted a “Disability Awareness Fair” in Spring 2004.
The free event included community and civic organizations, and enabled
patrons to register to vote while at the event.
c.
The
Department of Public Works initiated an “Infrastructure Program” in 1996 that
addresses sidewalk accessibility in Gary.
It honors requests by citizens for sidewalk, curb, and street repairs
and replacements, thereby increasing sidewalk accessibility. In addition, the City of Gary makes all
newly constructed sidewalks accessible, as well as creating accessibility ramps
on “old” sidewalks.
REMEDIAL
ACTION
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
8.
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.).
9.
The
City will take steps to ensure that all appropriate employees are trained and
practiced in using the Relay Service to make and receive calls.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
10.
Within
three months of the effective date of this Agreement, the City will adapt for
its own use and implement the City of Gary 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].
11.
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).
12.
Within
three months of the effective date of this Agreement, the City will ensure that
the police station 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
13.
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
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 criteria have the
effect of disqualifying an individual because of disability, those criteria
will be job-related and consistent with business necessity.
VOTING
8.
The
Department has been advised that pursuant to the State of Indiana code, all
functions related to voting are under the sole control of the county.
EMERGENCY MANAGEMENT PROCEDURES AND POLICIES
9.
If
the City contracts with another entity, such as the American Red Cross or
another local government, to provide its emergency preparedness plans and
emergency response services, the City will ensure that the other entity
complies with the following provisions on its behalf.
10.
Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that it
regularly solicits and incorporates input from persons with a variety of
disabilities and those who serve them regarding all phases of its emergency
management plan (preparation, notification, response, and clean up).
11.
Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that its
community evacuation plans enable those who have mobility impairments, vision
impairments, hearing impairments, cognitive disabilities, mental illness, or
other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary,
confidential registries of persons with disabilities who may need
individualized evacuation assistance or notification. If the City adopts or maintains such a registry, its report to
the Department will discuss its procedures for ensuring voluntariness,
appropriate confidentiality controls, and how the registry will be kept
updated, as well as its outreach plan to inform persons with disabilities of
its availability. Whether or not a
registry is used, the City plan should address accessible transportation needs
for persons with disabilities.
12.
Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that if its
emergency warning systems use sirens or other audible alerts, it will also
provide ways to inform persons with hearing impairments of an impending
disaster. The use of auto-dialed TTY
messages to pre-registered individuals who are deaf or hard of hearing, text
messaging, e-mails, open-captioning on local TV stations and other innovative
uses of technology may be incorporated into such procedures, as well as
lower-tech options such as dispatching qualified sign language interpreters to
assist with emergency TV broadcasts.
13.
Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that at least
one emergency shelter has a back-up generator and a way to keep medications
refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to
persons whose disabilities require access to electricity and refrigeration, for
example, for using life-sustaining medical devices, providing power to
motorized wheelchairs, and preserving certain medications, such as insulin,
that require refrigeration. The written
procedures will include a plan for notifying persons of the location of such
shelter(s).
14.
Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that persons
who use service animals are not separated from their service animals when
sheltering during an emergency, even if pets are normally prohibited in
shelters. 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.
15.
Some
of the of the City’s emergency 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.
16.
Within
one month of the effective date of this Agreement, the City will request in
writing that each of the owners and operators of the shelter facilities listed
in Attachment G will remove the noted barriers to access for persons with
disabilities. The request will specify
that the remediation be completed within one year of the effective date of this
Agreement. The City will simultaneously
send a courtesy copy of the request to the Department.
17.
Within
14 months of the effective date of this Agreement, the City will survey the
shelters listed in Attachment G to determine whether the noted barriers have
been removed. If not all barriers have
been removed, the City will identify within 18 months of the effective date of
this Agreement an appropriate number of alternate shelters where the parking,
exterior routes, entrances, interior routes to the shelter area, and toilet
rooms to the shelter area comply with the Standards.
18.
Within
three months of the effective date of this Agreement and until all emergency
shelters have accessible parking, exterior routes, entrances, interior routes
to the shelter area, and toilet rooms serving the shelter area, the City will
identify and widely publicize to the public and to persons with disabilities
and the organizations that serve them the most accessible emergency shelters.
19.
To
the extent that the City provides opportunities for post-emergency temporary
housing to its residents, within 3 months of the effective date of this
Agreement, it will develop, implement, and report to the Department its plans
for providing equivalent opportunities for accessible post-emergency temporary
housing to persons with disabilities.
Within one year of the effective date of this Agreement, the City will
ensure that information it makes available regarding temporary housing includes
information on accessible housing (such as accessible hotel rooms within the
community or in nearby communities) that could be used if people with
disabilities cannot immediately return home after a disaster if, for instance,
necessary accessible features such as ramps or electrical systems have been compromised.
SIDEWALKS
20.
Within
12 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 72 months 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.
21.
Within 12 months of the effective date of this
Agreement, the City will implement and report to the Department its written
process for soliciting and receiving input from persons with disabilities
regarding the accessibility of its sidewalks, including, for example, requests
to add curb cuts at particular locations or to address existing curb cuts where
they are too steep.
22.
Consistent
with its obligations pursuant to title II of the ADA and Section 504, within 84
months of the effective date of this Agreement, where curb ramps or other
sloped areas are not already provided, the City will provide curb ramps or
other sloped areas complying with the Standards or UFAS at all City
intersections of streets, roads, and highways, having curbs or other barriers
to entry from a street level pedestrian walkway.
23.
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.
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 all newly constructed or
altered pedestrian walkways where they intersect a street, road, or highway.
WEB-BASED SERVICES AND PROGRAMS
25.
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).
26.
Within
9 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
27.
The
City will submit to the Department for review and comment all construction
documents including plans, specifications, project manuals, all schedules, and significant
change orders affecting accessibility, for the following facility, the
construction or alteration of which is anticipated during the life of this
Settlement Agreement:
Park facility at 25th
Street and Taney Street
28.
As soon as the initial construction or
renovation of the following facility is complete, or within 3 months of the
effective date of the Agreement (whichever is later) the City will submit to
the Department a complete set of “as
built” drawings for the Department’s review:
City
Hall Annex (Sears Building), 839 Broadway
29.
For the facility listed in the preceding
paragraph, the City will incorporate all modifications requested by the
Department to ensure that this facility complies fully with the ADA Standards
for Accessible Design (Standards).
These modifications will be made before the facility is open for use or,
if already open for use by the time the Department’s comments are received,
within 3 months of that date.
30.
The
elements or features of the City’s facilities that do not comply with the
Standards, including those listed in Attachments I, J, K, and L, 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.
31.
The
City will comply with the cited provisions of the Standards when taking the
actions required by this Agreement.
32.
Within
nine 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.
33.
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.
34.
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.
35.
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.
PROGRAM MODIFICATIONS
36.
Access
to City Programs Housed in Others’ Facilities:
In order to ensure that the City’s programs, services, and activities
that are the subject of this Agreement and that are operated by the City at
facilities owned or controlled by other entities, when viewed in its entirety,
are readily accessible to and usable by persons with mobility impairments, the
City will take the actions listed in Attachment L.
PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE
37.
If
the City owns or operates any Domestic Violence Programs, within 12 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.
i.
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 will nonetheless take all necessary
steps to ensure that its program is accessible to persons with disabilities.
j.
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.
k.
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
52.
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.
53.
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).
54.
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.
55.
Within
12 months 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
56.
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.
57.
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.
58.
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.
59.
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.
60.
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.
61.
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.
62.
This
Agreement will remain in effect for eight years.
63.
The
person signing for the City represents that he or she is authorized to bind the
City to this Agreement.
64. The effective date of this Agreement is the beginning of the City’s next fiscal year subsequent to the date of the last signature below.
For the City: By: ____________________________ SCOTT L. KING, Mayor By: _________________________ HAMILTON CARMOUCHE, Corporation Counsel Board of Public Works and Safety: By: ____________________________ GERALDINE TOUSANT, President By: ____________________________ HAMILTON CARMOUCHE, Vice President By: ____________________________ HUSAIN MAHMOUD, Secretary Board of Park Commissioners: By: ______________________________ CHARLES W. JACKSON, JR., President Date: ___________________________ Genesis Center Board of Managers By:___________________________ President Date:__________________________ |
For the United States: Bradley J. Schlozman Acting Assistant Attorney General Civil Rights Division By:_____________________________ JOHN L. WODATCH, Chief JEANINE WORDEN, Deputy Chief MARY LOU MOBLEY, Senior Counsel MICHELE ANTONIO MALLOZZI, Architect JOSH MENDELSOHN, Supervisory Attorney LAURA M. WELP, Esq., Investigator -
Contractor DANA JACKSON, Investigator U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA Washington, DC 20530 Date: ___________________________ |
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