Common use of SCOPE OF THE INVESTIGATION Clause in Contracts

SCOPE OF THE INVESTIGATION. The United States and the City and County of Denver, Colorado (“Denver”) enter into this agreement under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the regulation implementing title II of the ADA, 28 C.F.R. Part 35. The Disability Rights Section of the Department of Justice’s Civil Rights Division conducted this review of Denver’s compliance with the following ADA 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 of Justice’s ADA regulation, 28 C.F.R. § 35.105; • to notify applicants, participants, beneficiaries, and other interested people of their rights and Denver’s obligations under the ADA and the Department of Justice’s regulation, 28 C.F.R. § 35.106; • to designate a responsible employee to coordinate its efforts to comply with and carry out Denver’s ADA responsibilities, 28 C.F.R. § 35.107(a); • to establish a grievance procedure for resolving complaints of violations of the ADA, 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. §§ 35.149-150, by: • delivering its services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods that comply with the ADA; and/or • making physical changes to its buildings (required to have been made by January 26, 1992), in accordance with the regulation implementing title II of the ADA, 28 C.F.R. §§ 35.150-151, and the 1991 ADA Standards for Accessible Design (1991 ADA Standards), 28 C.F.R. Part 36, App. D (2011) or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101- 19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • 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 of Justice’s ADA regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151; • to ensure that communications with people with disabilities, including applicants, participants, and members of the public, are as effective as communications with others, including furnishing auxiliary aids and services when necessary,

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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SCOPE OF THE INVESTIGATION. The United States and Department of Justice (Department) initiated this matter as a compliance review of the City and County of DenverAtlanta, Colorado Georgia, (“Denver”City) enter into this agreement under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the regulation Department’s implementing title II of the ADAregulation, 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 of JusticeDepartment’s Civil Rights Division conducted this review of Denverand focused on the City’s compliance with the following ADA 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 of JusticeDepartment’s ADA title II regulation, 28 C.F.R. § 35.105; to notify applicants, participants, beneficiaries, and other interested people persons of their rights and Denverthe City’s obligations under the ADA title II and the Department of JusticeDepartment’s regulation, 28 C.F.R. § 35.106; to designate a responsible employee to coordinate its efforts to comply with and carry out Denverthe City’s ADA responsibilities, 28 C.F.R. § 35.107(a); to establish a grievance procedure for resolving complaints of violations of the ADAtitle 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. §§ 35.149-150, 35.150, by: • delivering its 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 that comply with of compliance or, if these methods are not effective in making the ADA; and/or • making programs accessible, physical changes to its buildings (required to have been made by January 26, 19921995), in accordance with the regulation implementing Department’s title II of the ADAregulation, 28 C.F.R. §§ 35.150-15135.150 and 35.151, and the 1991 ADA Standards for Accessible Design (1991 ADA Standards), 28 C.F.R. Part pt. 36, App. D (2011) A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101- 101-19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • A. 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 of JusticeDepartment’s ADA title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151; to ensure that communications with people with disabilities, including applicants, participants, and members of the public, public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary,, 28 C.F.R. § 35.160; 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; 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 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: Xxxx Park, Municipal Court, Atlanta Police Department Zone 1, Atlanta Police Department Zone 5, Washington Park Natatorium, Atlanta Fire Station 14, Atlanta Fire Station 4, Adamsville Recreation Center, Xxxxxx Xxxxxxx Recreation Center, Utoy Creek Reclamation Center, Washington Park Tennis Center, Atlanta Botanical Garden, Xxxxx Xxxx Recreation Center, Cleveland Avenue Recreation Center, Xxx Xxxx Recreation Center, Morningside Recreation Center, Xxxxxx X. Xxxx, Xx. Recreation Center, Atlanta City Detention Center, Atlanta Fire Station 33, Atlanta Workforce Development Agency, Xxxx Park Recreation Center, Police Office of Professional Standards, Xxxxxxxx Park Recreation Center, A. D. Xxxxxxxx Park, Gateway Homeless Services Center, Atlanta Fire Station 31, Piedmont Park Conservancy Xxxxxxxx Xxxx, Xxxxxxx Xxxx Neighborhood Facility, Xxxxxx X. Xxxx, Xx. Natatorium, Bass Recreation Center, Xxxxxxxx Park Amphitheater, Xxxxxx Pool/Recreation Center, Peachtree Hills Recreation Center, and Central Park Recreation Center. The Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities: City Hall South, Atlanta City Hall Tower, Cyclorama & Civil War Museum, Public Defender’s Office, Atlanta Police Department Zone 2, Atlanta Police Department Zone 6, Boisfeuillet Xxxxx Atlanta Civic Center, Piedmont Park Conservancy/xxxxxxxx Xxxx, Xxxxxxx Park Golf Course, Oakland Recreation Center, Xxxxx Park & Recreation Center, Xxxxxx Tennis Center, Grant Park Recreation Center, Grant Park Swimming Pool, Brownwood Recreation Center, Xxxxxx Xxxxxxx Recreation Center, Atlanta Botanical Garden, Xxxxx Xxxxx Center, Xxxxxxx Park and Recreation Center, Zaban Recreation Center, Atlanta Police Zone 3, Atlanta Police Zone 4, Atlanta Fire Station 15, Atlanta Fire Station 17, Atlanta Fire Station 35, Xxxxxx Neighborhood Facility, Xxxx X. Xxxxxxx Neighborhood Facility, and Xxxxxx Park. The Department also conducted a program access review of the Gateway Center, which is designated as an emergency shelter. This review was limited to the areas of the facility used by members of the public during an emergency: parking, the route from the parking area to the area used as a shelter, the area used as a shelter, and toilet facilities serving that area. 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.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

SCOPE OF THE INVESTIGATION. The United States and Department of Justice (Department) initiated this matter as a compliance review of the City and County of Denver, Colorado (“Denver”) enter into this agreement Santa Xxxx under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the regulation Department's implementing title II of the ADAregulation, 28 C.F.R. Part 35. The review was conducted by the Disability Rights Section of the Department of Justice’s Department's Civil Rights Division conducted this review of Denver’s and focused on the City's compliance with the following ADA 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 of Justice’s ADA Department's title II regulation, 28 C.F.R. § 35.105; to notify applicants, participants, beneficiaries, and other interested people persons of their rights and Denver’s the City's obligations under the ADA title II and the Department of Justice’s Department's regulation, 28 C.F.R. § 35.106; to designate a responsible employee to coordinate its efforts to comply with and carry out Denver’s the City's ADA responsibilities, 28 C.F.R. § 35.107(a); to establish a grievance procedure for resolving complaints of violations of the ADAtitle 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. §§ 35.149-15035.149 - 35.150, by: • delivering its 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 that comply with of compliance or, if these methods are not effective in making the ADA; and/or • making programs accessible, physical changes to its buildings (required to have been made by January 26, 19921995), in accordance with the regulation implementing Department's title II of the ADAregulation, 28 C.F.R. §§ 35.150-15135.150 and 35.151, and the 1991 ADA Standards for Accessible Design (1991 ADA Standards), 28 C.F.R. Part pt. 36, App. D (2011) A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101- 101-19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • A. 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 of Justice’s ADA Department's title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151; to ensure that communications with people with disabilities, including applicants, participants, and members of the public, public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary,, 28 C.F.R. § 35.160; 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; 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 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: A Place to Play, Bellvue Ranch Park, Bicentennial Park, Xxxxxxx Xxxxxxx Park, Transit Operations Building, Nagasawa Park, Parks and Recreation Annex, Xxxxxx Valley Library, Southwest Community Park, Xxxxxxx Valley Golf Course, Franklin Park, Garage #12, Xxxxxxx Park, Xxxxxxx Swim Center, and Xxx Xxxxx Community Center. The Department's program access review covered those of the City's programs, services, and activities that operate in the following facilities: Xxxxxxx Valley Senior Center, Xxxxxx Street Clubhouse, Central Library, City Hall, City Hall Annex, Xxxxx Xxxx, Xxxxxx Aquatic, Community Center and Park, Fire Station #2, Fire Station #4, Xxxxxx Community Park, Garage #1, Garage #3, Garage #5, Garage #9, Julliard Park, Laguna Wastewater Treatment Plant, Xxxxxx Xxxxxxx Home and Gardens, Xxxxxx Xxxxxx Xxxx Park, Municipal Service Center - North, Municipal Service Center - South, North Park, Northwest Community Park, Northwest Library, Public Safety Building, Xxxxxx Park, Sonoma County Museum (Old Post Office), Xxxxxx Xxxx Community Center, and Youth Park. The Department reviewed the City's policies and procedures regarding 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's Police Department's policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

Appears in 1 contract

Samples: Settlement Agreement

SCOPE OF THE INVESTIGATION. The United States and the City and County Department of DenverJustice (Department) initiated this matter as a compliance review of Will County, Colorado Illinois (“Denver”County) enter into this agreement under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the regulation Department's implementing title II of the ADAregulation, 28 C.F.R. Part 35. The review was conducted by the Disability Rights Section of the Department of Justice’s Department's Civil Rights Division conducted this review of Denver’s and focused on the County's compliance with the following ADA 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 of Justice’s ADA Department's title II regulation, 28 C.F.R. § 35.105; C to notify applicants, participants, beneficiaries, and other interested people persons of their rights and Denver’s the County's obligations under the ADA title II and the Department of Justice’s 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 Denver’s the County's ADA responsibilities, 28 C.F.R. § 35.107(a); C to establish a grievance procedure for resolving complaints of violations of the ADAtitle 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. §§ 35.149-15035.150, by: • delivering its 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 that comply with of compliance or, if these methods are not effective in making the ADA; and/or • making programs accessible, C physical changes to its buildings (required to have been made by January 26, 19921995), in accordance with the regulation implementing Department's title II of the ADAregulation, 28 C.F.R. §§ 35.150-15135.151, and the 1991 ADA Standards for Accessible Design (1991 ADA Standards), 28 C.F.R. Part pt. 36, App. D (2011) A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101- 101-19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • 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 of Justice’s ADA Department's title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151; C to ensure that communications with people with disabilities, including applicants, participants, and members of the public, 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;

Appears in 1 contract

Samples: Project Civic Access Agreement

SCOPE OF THE INVESTIGATION. The United States and the City and County Department of DenverJustice (Department) initiated this matter in 2004, Colorado (“Denver”) enter into this agreement as a compliance review of Providence, Rhode Island, under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ §12131-12134, and the regulation Department’s implementing title II of the ADAregulation, 28 C.F.R. Part 35. Because the City received 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. On July 25, 2005, a Settlement Agreement (2005 Agreement) between the United States and the City of Providence, Rhode Island was executed. The Agreement included findings of ADA violations and a commitment by the City to take specific remedial actions. Despite the City’s commitment outlined in the 2005 Agreement, the City failed to comply with several requirements of the 2005 Agreement. The Department initiated a subsequent review of the City’s compliance as an appropriate enforcement step. The subsequent review was conducted in 2010 by the Disability Rights Section of the Department of JusticeDepartment’s Civil Rights Division conducted this review of Denverand focused on the City’s compliance with the following ADA 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 of JusticeDepartment’s ADA title II regulation, 28 C.F.R. § §35.105; to notify applicants, participants, beneficiaries, and other interested people persons of their rights and Denverthe City’s obligations under the ADA title II and the Department of JusticeDepartment’s regulation, 28 C.F.R. § §35.106; to designate a responsible employee to coordinate its efforts to comply with and carry out Denverthe City’s ADA responsibilities, 28 C.F.R. § §35.107(a); to establish a grievance procedure for resolving complaints of violations of the ADAtitle 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. §§ 35.149-150§35.149 - 35.150, by: • delivering its 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 that comply with of compliance or, if these methods are not effective in making the ADA; and/or • making programs accessible, physical changes to its buildings (required to have been made by January 26, 19921995), in accordance with the regulation implementing Department’s title II of the ADAregulation, 28 C.F.R. §§ 35.150-151§35.150 and 35.151, and the 1991 ADA Standards for Accessible Design (1991 ADA Standards), 28 C.F.R. Part pt. 36, App. D (2011) ), or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101- §101-19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • A. 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 of JusticeDepartment’s ADA title II regulation and 2) the 1991 ADA Standards or Standards, UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § §35.151; to ensure that communications with people with disabilities, including applicants, participants, and members of the public, public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary,, 28 C.F.R. §35.160; to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTYs, 28 C.F.R. §35.162; 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 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 reviewed the following facilities in 2004, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Providence Public Safety Complex and Xxxxx Xxxxxxxx Park and Zoo. In 2010, the Department reviewed the following facilities which must comply with the ADA’s new construction or alterations requirements: Providence Pier, Providence Public Safety Complex, Rochambeau Library, Providence Career & Technical Academy, Providence Animal Care and Control, and Providence Fire Department. The Department’s program access review in 2004 covered those of the City’s programs, services, and activities that operate in the following facilities: City Hall, Office of Inspections and Standards, Xxxx Xxxxxx Water Park, and Xxxxxxx Xxxxx Recreation Center. In 2010, the Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities: City Xxxx, Xxxxxxxxxx Park Library, Washington Park Community Center, Fox Point Neighborhood Center, Fox Point Library, Office of Inspection and Standards, Museum of Natural History, Public Works, Xxxxxxxxx Paddle Boat Area, Xxxxx Xxxxxx Park, Bank of America Skating Center, India Point Park, Planning and Development, Providence School Department, Xxxxxxx Xxxxx Recreation Center, and Columbia Park. The Department conducted a program access review in 2010 of the following polling places: Jewish Community Center, Engine 15, and Engine 6. This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting. In 2010, the Department also conducted a program access review of the Providence Career and Technical Academy because it has been designated as an emergency shelter. In 2004 and 2010, 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, in 2004 and 2010, the Department reviewed the City’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

Appears in 1 contract

Samples: Settlement Agreement

SCOPE OF THE INVESTIGATION. The United States and Department of Justice ("Department") initiated this matter as a compliance review of the City and County of DenverLaramie, Colorado Wyoming (“Denver”"City") enter into this agreement under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the regulation Department’s implementing title II of the ADAregulation, 28 C.F.R. Part 35, and not as the result of a complaint being filed. The Disability Rights Section of Because the City receives financial assistance from the Department of Justice, the review was also 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 review was conducted by the Disability Rights Section (DRS) of the Department’s Civil Rights Division conducted this review of Denverand focused on the City’s compliance with the following ADA title II requirements: C to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, 1992 and make modifications necessary to comply with the Department of JusticeDepartment’s ADA regulationtitle II regulations (28 C.F.R. Part 35), 28 C.F.R. § §35.105; to notify applicants, participants, beneficiaries, and other interested people persons of their rights and Denverthe City’s obligations under the ADA title II and the Department of JusticeDepartment’s regulationregulations, 28 C.F.R. § §35.106; to designate a responsible employee to coordinate its efforts to comply with and carry out Denverthe City’s ADA responsibilities, 28 C.F.R. § 35.107(a); to establish a grievance procedure for resolving complaints of violations of the ADAtitle 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. §§ 35.149-15035.150, by: • delivering its 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 that comply with of compliance or, if these methods are not effective in making the ADA; and/or • making programs accessible, physical changes to its buildings (required to have been be made by January 26, 19921995), in accordance with the regulation implementing Department’s title II of the ADAregulation, 28 C.F.R. §§ 35.150-15135.151, and the 1991 ADA Standards for Accessible Design (1991 ADA "Standards), 28 C.F.R. Part 36, App. D (2011") or the Uniform Federal Accessibility Standards ("UFAS"), 41 C.F.R. § 101- 19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • ; to ensure that facilities for which construction or alteration was begun after January 26, 1992, 1992 are readily accessible to and usable by people with disabilities, in accordance with 1) the Department of JusticeDepartment’s ADA title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § §35.151; to ensure that communications with people with disabilities, including applicants, participants, and members of the public, 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 direct access via TDD or computer to telephone emergency services, including 911 services, for persons who use TDD’s and computer modems, 28 C.F.R. §35.162; 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); 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: Albany County Detention Center, LaPrele Park, Kiwanis Park, Fire Department, Street Shop, City Hall Annex, City Hall, Fire Station #2, Cemetery Office, Harbon Park, Animal Shelter, Parks Building, Water Department, XxXxxxx Park, Fort Xxxxxxx Center, Washington Park, Xxxxx X. Xxxxx Band Shell, Optimist Park, Undine Ice Rink, Xxxxx Xxxxxx Softball Complex, University of Wyoming Little League Complex, University of Wyoming Cowboy Field, Kiowa Park, and O’Dell Park. Of those facilities, Kiwanis and XxXxxxx Xxxxx constitute new construction commenced after January 26, 1992. The following constitute alterations that commenced after January 26, 1992: City Hall Annex 1st floor restrooms, ramp to entrance, elevator; area of rescue; City Hall main floor restrooms and elevator; Animal Control Shop restrooms; ramp to Cemetery House; Parks Shop restrooms; and Police Department renovations.

Appears in 1 contract

Samples: Settlement Agreement

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SCOPE OF THE INVESTIGATION. The United States and initiated this matter as a compliance review of the City and County of DenverTrinidad, Colorado (“Denver”) enter into this agreement Trinidad), under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the regulation United States Department of Justice’s implementing title II of the ADAregulation, 28 C.F.R. Part 35. The Disability Rights Section U.S. Attorney’s Office for the District of the Department of Justice’s Civil Rights Division Colorado conducted this review of DenverTrinidad’s compliance with the following ADA 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 of Justice’s ADA title II regulation, 28 C.F.R. § 35.105; to notify applicants, participants, beneficiaries, and other interested people of their rights and DenverTrinidad’s obligations under the ADA title II and the Department of Justice’s regulation, 28 C.F.R. § 35.106; to designate a responsible employee to coordinate its efforts to comply with and carry out DenverTrinidad’s ADA responsibilities, 28 C.F.R. § 35.107(a); to establish a grievance procedure for resolving complaints of violations of the ADAtitle 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. §§ 35.149-150, by: • delivering its to deliver services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods that comply with the ADAof compliance and; and/or • making to make physical changes to its buildings (required to have been made by January 26, 1992)buildings, in accordance with the regulation implementing Department of Justice’s title II of the ADAregulation, 28 C.F.R. §§ 35.150-151, and the 1991 ADA Standards for Accessible Design (defined as the 1991 ADA Standards and the 2010 ADA Standards), 28 C.F.R. Part 36, App. D (2011) or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101- 19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • 35.104; 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 of Justice’s ADA title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151; to ensure that communications with people with disabilities, including applicants, participants, and members of the public, are as effective as communications with others, including furnishing auxiliary aids and services when necessary,, 28 C.F.R. § 35.160; to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 911 services, 28 C.F.R. § 35.162; to provide information for interested people with disabilities concerning the existence and location of Trinidad’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and to provide signage at all inaccessible entrances to any Trinidad facility, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b). The United States reviewed Trinidad’s compliance with the ADA’s program access requirement and the 2010 Standards at the following facilities: City Hall City Hall Annex Trinidad Community Center Trinidad Golf Course Trinidad Library Trinidad Senior Center Central Park Xxxxxx Park Kit Carson Park Southside Park The United States reviewed Trinidad’s emergency management and disaster prevention policies and Trinidad’s sidewalk maintenance policies to evaluate whether people with disabilities have an equal opportunity to utilize these programs. The United States reviewed Trinidad Police Department’s policies and procedures regarding providing effective communication to people who are deaf or hard of hearing.

Appears in 1 contract

Samples: Settlement Agreement

SCOPE OF THE INVESTIGATION. The United States and Department of Justice ("Department") initiated this matter as a compliance review of the City and County of DenverPella, Colorado Iowa (“Denver”"City") enter into this agreement under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the regulation Department’s implementing title II of the ADAregulation, 28 C.F.R. Part 35. The review was conducted by the Disability Rights Section (DRS) of the Department of JusticeDepartment’s Civil Rights Division conducted this review of Denverand focused on the City’s compliance with the following ADA title II requirements: C to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, 1992 and make modifications necessary to comply with the Department of JusticeDepartment’s ADA regulationtitle II regulations (28 C.F.R. Part 35), 28 C.F.R. § §35.105; to notify applicants, participants, beneficiaries, and other interested people persons of their rights and Denverthe City’s obligations under the ADA title II and the Department of JusticeDepartment’s regulationregulations, 28 C.F.R. § §35.106; to designate a responsible employee to coordinate its efforts to comply with and carry out Denverthe City’s ADA responsibilities, 28 C.F.R. § 35.107(a); to establish a grievance procedure for resolving complaints of violations of the ADAtitle 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. §§ 35.149-15035.150, by: • delivering its 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 that comply with of compliance or, if these methods are not effective in making the ADA; and/or • making programs accessible, physical changes to its buildings (required to have been be made by January 26, 19921995), in accordance with the regulation implementing Department’s title II of the ADAregulation, 28 C.F.R. §§ 35.150-15135.151, and the 1991 ADA Standards for Accessible Design (1991 ADA "Standards), 28 C.F.R. Part 36, App. D (2011") or the Uniform Federal Accessibility Standards ("UFAS"), 41 C.F.R. § 101- 19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 • ; C to ensure that facilities for which construction or alteration was begun after January 26, 1992, 1992 are readily accessible to and usable by people with disabilities, in accordance with 1) the Department of JusticeDepartment’s ADA title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § §35.151; to ensure that communications with people with disabilities, including applicants, participants, and members of the public, 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 direct access via TDD or computer to telephone emergency services, including 911 services, for persons who use TDD’s and computer modems, 28 C.F.R. §35.162; 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); 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 facilities listed in Attachment A, as well as its polling places. Of those facilities, the new Public Library, the Public Safety Complex, West Market Park, and the Soccer Complex constitute new construction commenced after January 26, 1992. The City Hall, renovated in 1997, constitutes an alteration that commenced after January 26, 1992.

Appears in 1 contract

Samples: Settlement Agreement

SCOPE OF THE INVESTIGATION. The United States and the City and County of Denver, Colorado (“Denver”) enter into this agreement under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the regulation implementing title II of the ADA, 28 C.F.R. Part 35. The Disability Rights Section of the Department of Justice’s Civil Rights Division conducted this review of Denver’s compliance with the following ADA 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 of Justice’s 's ADA regulation, 28 C.F.R. § 35.105; to notify applicants, participants, beneficiaries, and other interested people of their rights and Denver’s 's obligations under the ADA and the Department of Justice’s 's regulation, 28 C.F.R. § 35.106; to designate a responsible employee to coordinate its efforts to comply with and carry out Denver’s 's ADA responsibilities, 28 C.F.R. § 35.107(a); to establish a grievance procedure for resolving complaints of violations of the ADA, 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. §§ 35.149-150, by: delivering its 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 that comply with the ADAof compliance and/or; and/or • making physical changes to its buildings (required to have been made by January 26, 19921995), in accordance with the regulation implementing Department of Justice's title II of the ADAregulation, 28 C.F.R. §§ 35.150-15135.150-.151, and the 1991 ADA Standards for Accessible Design (1991 ADA Standards), 28 C.F.R. Part 36, App. D (2011) or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101- 101-19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1 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 of Justice’s 's ADA regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151; to ensure that communications with people with disabilities, including applicants, participants, and members of the public, are as effective as communications with others, including furnishing auxiliary aids and services when necessary,, 28 C.F.R. § 35.160; to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 911 services, 28 C.F.R. § 35.162; to provide information for interested people with disabilities concerning the existence and location of Denver's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and to provide signage at all inaccessible entrances to any facility, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b). The United States reviewed Denver's compliance with the ADA's new construction and alterations requirements at the following facilities constructed or altered after January 26, 1992: Animal Shelter, Xxxxx Xxxxxxxx African American Library, Central Library, City of Axum Park, City/County Building, Eastside Human Services Building, Xxxxxxx Xxxx, Xxxxxx Library, Justice Center (Van Cise-Xxxxxxx Detention Facility & Xxxxxxx Xxxxxxxxx Courthouse), Xxxxxx Xxxxx Plaza, Montbello Central Park, Montbello Library, Permit Center, Police Department No. 2 - Superstation, Police Department No.3 - Superstation, Xxxxxxx Xxxxxx Building, Rocky Mountain Lake Park, Xxxxxxxxxx Family Library, Xxxxx'x Lake Park, Smiley Library, Xxxxxx Memorial Park, University Hills (Xxxx) Library, Woodbury Library, and the Xxxxxxxxxx Xxxx Building. The program access review covered those of Denver's programs, services, and activities that operate in the following facilities that were constructed prior to January 26, 1992: Xxxxxx (Xxxx) Library, Bible Park, Xxxxxxx Park, Hampden Library, Police District #4, Police District #6, Xxxxxx Municipal Building, Xxxxxxxxx Park, and Veterans Park. The United States reviewed Denver's emergency management and disaster prevention policies and Denver's sidewalk maintenance policies to evaluate whether people with disabilities have an equal opportunity to utilize these programs. The United States reviewed Denver's Police Department's policies and procedures regarding providing effective communication to people who are deaf or hard of hearing.

Appears in 1 contract

Samples: Settlement Agreement

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