Common use of Sidewalks Clause in Contracts

Sidewalks. Within 12 months of the effective date of this Agreement, the County 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 ramps at particular locations. Within 12 months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months of the effective date of this Agreement, the County 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 five years of the effective date of this Agreement, the County 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. Beginning no later than six months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards prevent persons with disabilities from fully and equally enjoying County services, programs, and 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009

Appears in 1 contract

Samples: Settlement Agreement

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Sidewalks. 46. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. 47. Within 12 three months of the effective date of this Agreement, the County will identify and report to the Department all County-owned streets, roads, and highways highways, if any, that have been constructed or altered since January 26, 1992, that have curbs or other barriers to entry from all intersecting street-level pedestrian walkways. 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 three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all such intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkwayparagraph. 48. Beginning no later than three months after one month of the effective date of this Agreement, the County 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 street-level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. 49. Within three months of the effective date of this Agreement, the County will identify and report to the Department all street County-owned street-level pedestrian walkways walkways, if any, that have been constructed or altered since January 26, 1992, that have curbs or other barriers to entry from all intersecting streets, roads, and highways. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within five three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street street-level pedestrian walkway identified under this paragraph intersects with a street, road, or highway. 50. Beginning no later than six three months after of the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards prevent persons with disabilities from fully and equally enjoying County services, programs, and 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009FACILITIES

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 six months of the effective date of this Agreement, the County 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 ramps at particular locations. Within 12 months of the effective date of this Agreement, the County 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 three five years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three six months of the effective date of this Agreement, the County 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 five years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 NEW CONSTRUCTION, ALTERATIONS, AND PROGRAMS Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County City will ensure that all buildings and facilities constructed by or on behalf of the County City are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County City will ensure that alterations to County City facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the CountyCity's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the City's services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 twelve months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the CountyCity'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 County City will take the actions listed in Attachment K. K and M. Facilities and Programs Not Surveyed by the Department: The County City will review compliance with the requirements of title II of the ADA for those County City facilities and programs that were not reviewed by the Department. Within 36 24 months of the effective date of this Agreement, the County City will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the CountyCity, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County City facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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 policiesK, and proof of efforts to secure funding/assistance for structural renovations M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the City owns or equipment. Throughout the life of this Agreementoperates any Domestic Violence Programs, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will develop also be provided in alternate formats, including Braille, large print, audio recording, and accessible electronic formats (e.g., HTML), upon request. Enter into contracts or procure a two-hour training program 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 requirements individual's usual method of communication, and the nature, importance, and duration of the ADA communication at issue. In many circumstances, oral communication supplemented by gestures and appropriate ways visual aids, an exchange of serving 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 with disabilitieswho are deaf or hard of hearing. The County 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. 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 ADA technical assistance materials developed by the Department Telecommunication Relay Services. 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 will consult with interested persons, including individuals family members with disabilities, in developing including adults and children who have mobility impairments, who are blind or procuring the ADA training programhave low vision, and who are deaf or hard of hearing. Within 18 months one year of the effective date of this Agreement, modify each such facility to remove the County will deliver its training program barriers or, alternatively, procure another, fully accessible facility to all County employees who ensure that potential clients and family members with disabilities have direct contact with members of the publicintegrated options when participating in a sheltering or other Domestic Violence program. At the end of that period, the County 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 If at any time the County desires to modify any portion of Nothing in this Agreement because requires any modifications that would compromise the confidentiality of changed conditions making performance impossible a shelter 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 modificationcounseling center. Until there is a sufficient stock of accessible housing and other facilities within the sheltering program, City will implement written Agreement by procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the Department 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 City's Domestic Violence Programs. 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 proposed modificationopportunity to benefit from the services of the City's Domestic Violence Programs on the basis of disability. 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 proposed modification 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 effect. These actions must receive into account the prior written approval potential presence of the Departmentpersons who, which approval will for safety or health reasons, should not be unreasonably withheld or delayed. The Department may review compliance in contact with this Agreement at any timecertain types of animals. If the Department believes 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. 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 County has failed nature of the program. Implement written policies to comply 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 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 County in writing and it will attempt to resolve the issue or issues in good faithshelter. If the Department 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 unable accessible to reach a satisfactory resolution persons with disabilities. Some of the issue or issues raised within 45 days of the date it provides notice 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 County, it may institute a civil action in federal district court obligation to enforce provide program access or remove barriers to accessibility under the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect be construed to require the County's continuing responsibility City to comply with all aspects divulge confidential information relating to the location or existence of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions any Domestic Violence Programs, beyond what is otherwise required by the Agreement have been completed, whichever applicable law or what is later. The person signing necessary for the County represents that he or she is authorized Department to bind the County to effectively enforce this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County 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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County City will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people persons with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS,AND PHYSICAL CHANGES TO FACILITIES The County City will ensure that all buildings and facilities constructed by or on behalf of the County City are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County City will ensure that alterations to County City facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's City´s facilities that do not comply with the Standards. It is the Department's Department´s position that elements or features of a facility that do not comply with the Standards prevent present persons with disabilities from fully and equally enjoying County City services, programs, and activities, and constitute constitutes 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. This Agreement shall not be construed as an admission of liability or discrimination by the CountyCity. The County City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County's 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 County City will take the actions listed in Attachment K. Facilities Attachments K and Programs Not Surveyed by M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will submit also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request. Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for review by the Department a detailed report listing the access issues identified during its review together effective communication with the corrective actions and completion dates proposed to resolve such issuespersons who are deaf or hard of hearing. The review conducted by type of aid that will be required for effective communication will depend on the County, the access issues identifiedindividual´s usual method of communication, and the corrective actions nature, importance, and completion dates proposed 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 consistent required for effective communication with a person whose primary means of communication is sign language or speech reading. If the requirements City´s Domestic Violence Programs operate a hotline to take telephone calls of title II of an emergency nature, the ADA; 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 review of County facilities and programs conducted by state or local Telecommunication Relay Services. The City will obtain the Department for purposes of this Agreement; and necessary equipment, establish the access issues, corrective actionswritten procedures, and completion dates reflected in Attachments Iprovide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTY´s, Jas well as the training necessary to respond to callers who use the Telecommunication Relay Services. 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 K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries who are deaf or hard of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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)hearing. Within 12 months one year of the effective date of this Agreement, modify each such facility to remove the County 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, City will develop implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or procure in nearby communities) and other facilities that could be used if persons with disabilities need sheltering or inservice access to a two-hour training program 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 City´s Domestic Violence Programs. 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 requirements basis of disability. 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. 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 ADA program. 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. 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 appropriate ways of serving 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. The County 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. Within 18 months Some of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that periodCity´s shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, the County will submit a copy of its training curriculum and materials as such, are subject to the Department, along with a list of employees trained and obligation to provide program access or remove barriers to accessibility under the name, title, and address of the trainer. IMPLEMENTATION AND ENFORCEMENT If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect be construed to require the County's continuing responsibility City to comply with all aspects divulge confidential information relating to the location or existence of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions any Domestic Violence Programs, beyond what is otherwise required by the Agreement have been completed, whichever applicable law or what is later. The person signing necessary for the County represents that he or she is authorized Department to bind the County to effectively enforce this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. 31. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locationslocations under the jurisdiction of the City. 32. Within 12 six months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. 33. Beginning no later than three months after of the effective date of this Agreement, the County 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. 34. Within three six months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. 35. Beginning no later than six three months after of the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards prevent persons with disabilities from fully and equally enjoying County services, programs, and 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009FACILITIES

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County will Countywill 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. Beginning no later than three months after the effective date of this Agreement, the County will Countywill 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. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 one month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County will distribute to all persons B employees and contractors B who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the County (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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible accessible, and create a process for implementation; implementation Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § §35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § §35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's County´s facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the County´s services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County's County´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 County will take the actions listed in Attachment K. Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 twelve months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this AgreementK, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009and.M.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County City (Internet Personnel) the technical assistance document, 'Accessibility of State and Local Government Websites to People with Disabilities," which is Attachment H F to this Agreement (it is also available at wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County City will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's City’s facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the City’s services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment J. Attachments J and M. Program Access in County City Existing Facilities: In order to ensure that each of the County's 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 County City will take the actions listed in Attachment K. Attachments K and M. City Facilities and Programs Not Surveyed by the Department: The County City will review compliance with the requirements of title Title II of the ADA for those County City facilities and programs that were not reviewed by the Department. Within 36 12 months of the effective date of this Agreement, the County City will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the CountyCity, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title Title II of the ADA; the review of County City facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified M. PROGRAM MODIFICATIONS Access to City Programs Housed in this AgreementOthers’ Facilities: In order to ensure that the City’s programs, at yearly anniversaries of services, and activities that are the effective date subject of this Agreement until it expiresand 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 County City will submit written reports to the Department summarizing take the actions listed in Attachment L. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurementsCity owns or operates any Domestic Violence Programs, 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will develop also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request. Enter into contracts or procure a two-hour training program 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 requirements individual’s usual method of communication, and the nature, importance, and duration of the ADA communication at issue. In many circumstances, oral communication supplemented by gestures and appropriate ways visual aids, an exchange of serving 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 with disabilitieswho are deaf or hard of hearing. The County 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. 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 ADA technical assistance materials developed by the Department Telecommunication Relay Services. 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 will consult with interested persons, including individuals family members with disabilities, in developing including adults and children who have mobility impairments, who are blind or procuring the ADA training programhave low vision, and who are deaf or hard of hearing. Within 18 months one year of the effective date of this Agreement, modify each such facility to remove the County will deliver its training program barriers or, alternatively, procure another, fully accessible facility to all County employees who ensure that potential clients and family members with disabilities have direct contact with members of the publicintegrated options when participating in a sheltering or other Domestic Violence program. At the end of that period, the County 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 If at any time the County desires to modify any portion of Nothing in this Agreement because requires any modifications that would compromise the confidentiality of changed conditions making performance impossible a shelter 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 modificationcounseling center. Until there is a sufficient stock of accessible housing and other facilities within the sheltering program, City will implement written Agreement by procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the Department 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 proposed modificationCity’s Domestic Violence Programs. 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 proposed modification opportunity to benefit from the services of the City’s Domestic Violence Programs on the basis of disability. 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 effect. These actions must receive into account the prior written approval potential presence of the Departmentpersons who, which approval will for safety or health reasons, should not be unreasonably withheld or delayed. The Department may review compliance in contact with this Agreement at any timecertain types of animals. If the Department believes 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. Implement written procedures to ensure that reasonable modifications are made to the County has failed City’s Domestic Violence Programs when necessary for a client or family member with a disability to comply participate in such Programs, unless doing so would fundamentally alter the nature of the program. Implement written policies to ensure that despite any “drug-free” policy of the 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 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009shelter.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. 49. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. 50. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. 51. Beginning no later than three months one month after the effective date of this Agreement, the County 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. 52. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. 53. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards prevent persons with disabilities from fully and equally enjoying County services, programs, and 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009FACILITIES

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 six months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 six months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three six months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 month two months of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three four months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people persons with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the County's services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 four months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities PROGRAM MODIFICATIONS Access to Programs Housed in Others' Facilities: In order to ensure that the County's programs, services, and Programs Not Surveyed activities that are the subject of this Agreement and that are operated by the Department: The County 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 County will review compliance with take the requirements of title II of actions listed in Attachment L. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will submit also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request. Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for review by the Department a detailed report listing the access issues identified during its review together effective communication with the corrective actions and completion dates proposed to resolve such issuespersons who are deaf or hard of hearing. The review conducted by type of aid that will be required for effective communication will depend on the County, the access issues identifiedindividual's usual method of communication, and the corrective actions nature, importance, and completion dates proposed 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 consistent required for effective communication with a person whose primary means of communication is sign language or speech reading. If the requirements County's Domestic Violence Programs operate a hotline to take telephone calls of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expiresan emergency nature, the County shall ensure that it provides equivalent service for persons who use TTYs, 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 County will submit obtain the necessary equipment, establish the written reports to the Department summarizing the actions the County 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 policiesprocedures, and proof provide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTYs, as well as the training necessary to respond to callers who use the Telecommunication Relay Services. Survey facilities used as shelters or designated as potential shelters – or for counseling, job training, education, clothing or household provisioning, or other aspects of efforts Domestic Violence Programs – to secure funding/assistance ensure that adequate arrangements are available for structural renovations potential clients and family members with disabilities, including adults and children who have mobility impairments, who are blind or equipment. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilitieshave low vision, and equipment, and will take whatever actions who are necessary (such as routine testing deaf or hard 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)hearing. Within 12 months 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 County will develop implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or procure in nearby communities) and other facilities that could be used if persons with disabilities need sheltering or inservice access to a two-hour training program 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 County's Domestic Violence Programs. 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 County's Domestic Violence Programs on the requirements basis of disability. 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 County'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 County'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. Implement written procedures to ensure that reasonable modifications are made to the County'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 ADA program. Implement written policies to ensure that despite any "drug-free" policy of the County'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. If the County 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 appropriate ways of serving 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 County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. The County 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. Within 18 months Some of the effective date of this AgreementCounty's shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that periodas such, the County will submit a copy of its training curriculum and materials are subject to the Department, along with a list of employees trained and obligation to provide program access or remove barriers to accessibility under the name, title, and address of the trainer. IMPLEMENTATION AND ENFORCEMENT If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect the County's continuing responsibility be construed to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind require the County 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. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 six months of the effective date of this Agreement, the County 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 ramps at particular locations. Within 12 six months of the effective date of this Agreement, the County 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 three five years of the effective date of this Agreement, the County 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. Beginning no later than three six months after the effective date of this Agreement, the County 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. Within three six months of the effective date of this Agreement, the County 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 five years of the effective date of this Agreement, the County 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. Beginning no later than six months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County 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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County City will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County City will ensure that all buildings and facilities constructed by or on behalf of the County City are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County City will ensure that alterations to County City facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's City´s facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the City´s services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County's 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 County City will take the actions listed in Attachment K. Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County City will review compliance with the requirements of title II of the ADA for those County City facilities and programs that were not reviewed by the Department. Within 36 12 months of the effective date of this Agreement, the County City will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the CountyCity, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County City facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and K. M. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County City will submit written reports to the Department summarizing the actions the County 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. All materials sent to the Department pursuant to this Agreement shall be sent to the following address by common carrier Federal Express, prepaid delivery: Disability Rights Section, Attn: Xxxxxxx Xxxxx, Civil Rights Division, U.S. Department of Justice, 0000 Xxx Xxxx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000. It shall include a subject line referencing DJ# 000-00-000. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 six months of the effective date of this Agreement, the County 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 County 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. Within 18 months one year of the effective date of this Agreement, the County City will deliver its training program to all County City employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County City in writing and it will attempt to resolve the issue or issues in good faith. Notification to the City shall be accomplished by mail to the City Manager, City of Muskegon, 000 Xxxxxxx Xxxxxx, X.X. Box 536, Muskegon, Michigan 49443-0536. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 45 30 days of the date it provides notice to the CountyCity, 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 ActII. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County City or the Department on request. 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 County's City´s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years and six months, or until the parties agree that all actions required by the this Agreement have been completed, whichever is later. The person signing for the County City represents that he or she is authorized to bind the County City to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgiathe City: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ XXXXXXX X. XXXXXXXXXX Mayor Date: __________________________ By: ____________________________ XXX XXXXX XXXXXX City Clerk City of Muskegon 000 Xxxxxxx Xxxxxx P.O. Box 536 Muskegon, MI 49440 Date: ______September 14, 2010___ For the United States: TXXXXX XXXXXX X. XXXXX, XXXXX Assistant Attorney General for XXXXXX X. XXXXXXXXX Principal Deputy Assistant Attorney General Civil Rights JXXX Division XXXX X. XXXXXXX, Chief JXXXXXX XXXXXXX X. XXXXXX, Deputy Chief XXX XXXXXXX, Special Counsel Civil Rights Division Disability Rights Section By:_____________________________ NXXXX X. XXXXXXXXXXXXX XXXXX, Supervisory Trial Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXXXXX XXXX, Architect Disability Rights Section - NYA Civil Rights Division U.S. Department of Justice Civil Rights Division 900 000 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 00000 (000) 000-0000 (Xxxxx) (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 _______September 29, 2010______ Project Civic Access | ADA Home Page December 10September 29, 20092010

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three (3) months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three (3) months of the effective date of this Agreement, the County 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 three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, 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. See paragraph 57 for more details regarding applicable standards. Beginning no later than three (3) months after the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, 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. Within three (3) months of the effective date of this Agreement, the County 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 five three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway. See paragraph 57 for more details regarding applicable standards. Beginning no later than six three (3) months after the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. WEB-BASED SERVICES AND PROGRAMS Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards prevent persons with disabilities from fully and equally enjoying County services, programs, and 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three (3) months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three (3) months of the effective date of this Agreement, the County 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 three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, 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. See paragraph 60 for more details regarding applicable standards. Beginning no later than three (3) months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, 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. Within three (3) months of the effective date of this Agreement, the County 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 five three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway. See paragraph 60 for more details regarding applicable standards. Beginning no later than six three (3) months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards Standards, UFAS, or UFAS the 2010 Standards, as applicable, at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. WEB-BASED SERVICES AND PROGRAMS Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards prevent persons with disabilities from fully and equally enjoying County services, programs, and 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 one month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The .The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the County's services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 twelve months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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 policiesK, and proof of efforts to secure funding/assistance for structural renovations or equipment. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the X. XxXxxxx County 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). Jail: Within 12 three months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements provide access for inmates with disabilities to all of the ADA its programs, activities, and appropriate ways of serving persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested personsservices, including individuals with disabilitiesaccessible cells, in developing accessible toilet rooms, and accessible showers. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County owns or procuring the ADA training program. Within 18 operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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 (e.g., HTML), upon request. 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. If the County's Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County shall ensure that it provides equivalent service for persons who use TTYs, 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 County will deliver its obtain the necessary equipment, establish the written procedures, and provide the training program necessary to all County employees ensure effective communication by Hotline staff with direct-connection callers using TTYs, as well as the training necessary to respond to callers who use the Telecommunication Relay Services. 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 direct contact with members mobility impairments, who are blind or have low vision, and who are deaf or hard of hearing. Within one year of the publiceffective 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. At Nothing in this Agreement requires any modifications that would compromise the end confidentiality of that perioda shelter or counseling center. Until there is a sufficient stock of accessible housing and other facilities within the sheltering program, the County will submit 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 in service access to a copy Domestic Violence Program. The cost to potential clients of its training curriculum being housed or otherwise served in alternate accessible facilities shall not exceed any costs normally attributed to clients of the County's Domestic Violence Programs. Implement written procedures and materials 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 County's Domestic Violence Programs on the basis of disability. 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 County'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 County'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. Implement written procedures to ensure that reasonable modifications are made to the Department, along County's Domestic Violence Programs when necessary for a client or family member with a list of employees trained and disability to participate in such Programs, unless doing so would fundamentally alter the name, title, and address nature of the trainerprogram. IMPLEMENTATION AND ENFORCEMENT Implement written policies to ensure that despite any Òdrug-freeÓ policy of the County'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. If at any time the County desires contracts with another entity to modify any portion provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of this Agreement because of changed conditions making performance impossible domestic violence or impractical or for any other reasonabuse and their families (hereafter referred to as ÒDomestic Violence ProgramsÓ), it will promptly notify ensure that the Department in writingother entity complies with the preceding provisions on its behalf. If that entity will not comply with the following provisions, setting forth the facts and circumstances thought County will nonetheless take all necessary steps to justify modification and the substance ensure that its program is accessible to persons with disabilities. Some of the proposed modification. Until there is written Agreement County's shelters may be owned or operated by the Department other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the proposed modification, obligation to provide program access or remove barriers to accessibility under 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect the County's continuing responsibility be construed to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind require the County 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. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

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Sidewalks. Within 12 nine months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 nine months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three nine months after the effective date of this Agreement, the County 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. Within three nine months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six nine months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County 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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County City will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County City will ensure that all buildings and facilities constructed by or on behalf of the County City are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County City will ensure that alterations to County City facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's City´s facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the City´s services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County's 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 County City will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County City will review compliance with the requirements of title Title II of the ADA for those City/County facilities and programs that were not reviewed by the Department. Within 36 12 months of the effective date of this Agreement, the County City will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the CountyCity, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title Title II of the ADA; the review of County City facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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 policiesK, and proof of efforts to secure funding/assistance for structural renovations M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the City owns or equipment. Throughout the life of this Agreementoperates any Domestic Violence Programs, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will develop also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request. Enter into contracts or procure a two-hour training program 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 requirements individual´s usual method of communication, and the nature, importance, and duration of the ADA communication at issue. In many circumstances, oral communication supplemented by gestures and appropriate ways visual aids, an exchange of serving 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 with disabilitieswho are deaf or hard of hearing. The County 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. 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 ADA technical assistance materials developed by the Department Telecommunication Relay Services. 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 will consult with interested persons, including individuals family members with disabilities, in developing including adults and children who have mobility impairments, who are blind or procuring the ADA training programhave low vision, and who are deaf or hard of hearing. Within 18 months one year of the effective date of this Agreement, modify each such facility to remove the County will deliver its training program barriers or, alternatively, procure another, fully accessible facility to all County employees who ensure that potential clients and family members with disabilities have direct contact with members of the publicintegrated options when participating in a sheltering or other Domestic Violence program. At the end of that period, the County 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 If at any time the County desires to modify any portion of Nothing in this Agreement because requires any modifications that would compromise the confidentiality of changed conditions making performance impossible a shelter 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 modificationcounseling center. Until there is written Agreement by a sufficient stock of accessible housing and other facilities within the Department to the proposed modificationsheltering program, the proposed modification 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 service 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. 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. 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 effect. These actions must receive into account the prior written approval potential presence of the Departmentpersons who, which approval will for safety or health reasons, should not be unreasonably withheld or delayed. The Department may review compliance in contact with this Agreement at any timecertain types of animals. If the Department believes 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. Implement written procedures to ensure that reasonable modifications are made to the County has failed City´s Domestic Violence Programs when necessary for a client or family member with a disability to comply participate in such Programs, unless doing so would fundamentally alter the nature of the program. Implement written policies to ensure that despite any "drug-free" policy of the 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 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 County in writing and it will attempt to resolve the issue or issues in good faithshelter. If the Department 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 unable accessible to reach a satisfactory resolution persons with disabilities. Some of the issue City´s shelters may be owned or issues raised within 45 days of the date it provides notice operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the County, it may institute a civil action in federal district court obligation to enforce provide program access or remove barriers to accessibility under the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect be construed to require the County's continuing responsibility City to comply with all aspects divulge confidential information relating to the location or existence of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions any Domestic Violence Programs, beyond what is otherwise required by the Agreement have been completed, whichever applicable law or what is later. The person signing necessary for the County represents that he or she is authorized Department to bind the County to effectively enforce this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. 17. Within 12 9 months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. For the purposes of this Agreement, natural trails are not considered sidewalks. 18. Within 12 months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. 19. Beginning no later than three months after the effective date of this Agreement, the County 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. 20. Within three 12 months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. 21. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards prevent persons with disabilities from fully and equally enjoying County services, programs, and 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009PROGRAMS

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. The City of Jacksonville has a total area of 885 square miles (767 in land area) and has over 3,600 linear miles in roads, streets and highways (excluding rights-of-way owned or controlled by third parties). Virtually all of the City of Jacksonville’s streets, roads, highways, and street level pedestrian walkways have been constructed or altered since January 26, 1992. Within 12 three (3) months of the effective date of this Agreement, the County City of Jacksonville 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 ramps cuts at particular locations. Within 12 months five (5) years of the effective date of this Agreement, the County City of Jacksonville will identify and report to provide curb ramps or other sloped areas complying with the Department 2010 Standards at all intersections of streets, roads, and highways that have been constructed or altered since January 26, 19921992 having curbs or other barriers to entry from a street level pedestrian walkway. 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 Beginning no later than three years of (3) months after the effective date of this Agreement, the County City of Jacksonville will provide curb ramps or other sloped areas complying with the 2010 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months five (5) years of the effective date of this Agreement, the County City of Jacksonville will identify provide curb ramps or other sloped areas complying with the 2010 Standards at all places where a street level pedestrian walkways walkway that have has been constructed or altered since January 26, 19921992 intersects with a street, road, or highway. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within five years of Beginning no later than three (3) months after the effective date of this Agreement, the County City of Jacksonville will provide curb ramps or other sloped areas complying with the 2010 Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway. Beginning no later than six months after the effective date of this Agreement, the County 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 Within 1 one (1) month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County City of Jacksonville 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 County City of Jacksonville (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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three (3) months of the effective date of this Agreement, and throughout the life of the Agreement, the County City of Jacksonville will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County City of Jacksonville will ensure that all buildings and facilities constructed by or on behalf of the County City of Jacksonville are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County City of Jacksonville will ensure that alterations to County City of Jacksonville facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's City of Jacksonville facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards , including those listed in Attachments I, J, K, and L, prevent some persons with disabilities from fully and equally enjoying County the City of Jacksonville services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when When taking the actions required by this Agreementagreement, the City must comply with the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104 (title II)(defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained in subpart D of 28 C.F.R. part 36). Within 24 nine (9) months of the effective date of this Agreement, the County City of Jacksonville 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, City of Jacksonville facilities for which construction was commenced after January 26, 199226,1992, are readily accessible to and usable by persons with disabilities, the County City of Jacksonville will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, City of Jacksonville facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City of Jacksonville will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County's City of Jacksonville 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 impairmentsdisabilities, the County City of Jacksonville will take the actions listed in Attachment K. Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County City of Jacksonville will review compliance with the requirements of title II of the ADA for those County City of Jacksonville facilities and programs that were not reviewed by the Department. Within 36 months The City of the effective date of this Agreement, the County Jacksonville will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the CountyCity of Jacksonville, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County City of Jacksonville facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified M. Due to the large number of facilities in the City, the City may elect to submit the reports required by this Agreement, at paragraph on yearly anniversaries of the effective date of this Agreement until it expiresagreement for a period of up to three years, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary each such report covering approximately one-third (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities1/3) 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). Within 12 months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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 If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009City’s facilities.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County Town 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County Town 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 three years of the effective date of this Agreement, the County Town 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. Beginning no later than three months after the effective date of this Agreement, the County Town 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. Within three months of the effective date of this Agreement, the County Town 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 five three years of the effective date of this Agreement, the County Town 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. Beginning no later than six three months after the effective date of this Agreement, the County Town 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 Within 1 one month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County Town 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 County Town (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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County Town will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County Town will ensure that all buildings and facilities constructed by or on behalf of the County Town are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County Town will ensure that alterations to County Town facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's Town facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility that do not comply with the Standards , including those listed in Attachments I, J, K, and , prevent persons with disabilities from fully and equally enjoying County the Town services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County Town will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County Town 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, Town facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County Town will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, Town facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County Town will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County's Town 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 County Town will take the actions listed in Attachment K. Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County Town will review compliance with the requirements of title II of the ADA for those County Town facilities and programs that were not reviewed by the Department. Within 36 twelve months of the effective date of this Agreement, the County Town will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the CountyTown, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County Town facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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 policiesK, and proof of efforts to secure funding/assistance for structural renovations M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the Town owns or equipment. Throughout the life of this Agreementoperates any Domestic Violence Programs, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will develop also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats (e.g., HTML), upon request. Enter into contracts or procure a two-hour training program 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 requirements individual‘s usual method of communication, and the nature, importance, and duration of the ADA communication at issue. In many circumstances, oral communication supplemented by gestures and appropriate ways visual aids, an exchange of serving 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 with disabilitieswho are deaf or hard of hearing. The County 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. If the Town‘s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the Town 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 Town 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 ADA technical assistance materials developed by the Department Telecommunication Relay Services. 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 will consult with interested persons, including individuals family members with disabilities, in developing including adults and children who have mobility impairments, who are blind or procuring the ADA training programhave low vision, and who are deaf or hard of hearing. Within 18 months one year of the effective date of this Agreement, modify each such facility to remove the County will deliver its training program barriers or, alternatively, procure another, fully accessible facility to all County employees who ensure that potential clients and family members with disabilities have direct contact with members of the publicintegrated options when participating in a sheltering or other Domestic Violence program. At the end of that period, the County 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 If at any time the County desires to modify any portion of Nothing in this Agreement because requires any modifications that would compromise the confidentiality of changed conditions making performance impossible a shelter 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 modificationcounseling center. Until there is written Agreement by a sufficient stock of accessible housing and other facilities within the Department to the proposed modificationsheltering program, the proposed modification Town 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 Town‘s Domestic Violence Programs. 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 Town‘s Domestic Violence Programs on the basis of disability. 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 Town‘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 effect. These actions must receive into account the prior written approval potential presence of the Departmentpersons who, which approval will for safety or health reasons, should not be unreasonably withheld or delayed. The Department may review compliance in contact with this Agreement at any timecertain types of animals. If the Department believes Town‘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. Implement written procedures to ensure that reasonable modifications are made to the County has failed Town‘s Domestic Violence Programs when necessary for a client or family member with a disability to comply participate in such Programs, unless doing so would fundamentally alter the nature of the program. Implement written policies to ensure that despite any “drug-free” policy of the Town‘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 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 County in writing and it will attempt to resolve the issue or issues in good faithshelter. If the Department Town 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 Town will nonetheless take all necessary steps to ensure that its program is unable accessible to reach a satisfactory resolution persons with disabilities. Some of the issue or issues raised within 45 days of the date it provides notice Town‘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 County, it may institute a civil action in federal district court obligation to enforce provide program access or remove barriers to accessibility under the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect be construed to require the County's continuing responsibility Town to comply with all aspects divulge confidential information relating to the location or existence of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions any Domestic Violence Programs, beyond what is otherwise required by the Agreement have been completed, whichever applicable law or what is later. The person signing necessary for the County represents that he or she is authorized Department to bind the County to effectively enforce this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County will identify and report to the Department all of its 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection of its intersections having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or alteredaltered by, or on behalf of, the County. Within three months of the effective date of this Agreement, the County will identify all of its 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all of its newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. WEB-BASED SERVICES AND PROGRAMS Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's ’s facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the County’s services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County's County 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 County will take the actions listed in Attachment K. Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 12 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified M. PROGRAM MODIFICATIONS Access to County Programs Housed in this AgreementOthers’ Facilities: In order to ensure that the County’s programs, at yearly anniversaries of services, and activities that are the effective date subject of this Agreement until it expiresand that are operated by the County 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 County will submit written reports to the Department summarizing take the actions listed in Attachment L and M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurementsowns or operates any Domestic Violence Programs, 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 within three months of the effective date of this Agreement, it will do the following: 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. 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. If the County’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County will develop shall ensure that it provides equivalent service for persons who use TTYs, 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 procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilitieslocal Telecommunication Relay Services. The County 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 TTYs, as well as the training necessary to respond to callers who use the ADA technical assistance materials developed by the Department Telecommunication Relay Services. 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 will consult with interested persons, including individuals family members with disabilities, in developing including adults and children who have mobility impairments, who are blind or procuring the ADA training programhave low vision, and who are deaf or hard of hearing. Within 18 months one year of the effective date of this Agreement, modify each such facility to remove the County will deliver its training program barriers or, alternatively, procure another, fully accessible facility to all County employees who ensure that potential clients and family members with disabilities have direct contact with members 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 public. At the end of that periodsheltering program, the County will submit 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 copy Domestic Violence Program. The cost to potential clients of its training curriculum being housed or otherwise served in alternate accessible facilities shall not exceed any costs normally attributed to clients of the County’s Domestic Violence Programs. Implement written procedures and materials modify, as appropriate, eligibility criteria, to the Department, along ensure that no person with a list disability is turned away from a shelter or otherwise denied the opportunity to benefit from the services of employees trained the County’s Domestic Violence Programs on the basis of disability. 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 the name, titleserved in an integrated environment, and address are not separated from their service animals while participating in the County’s Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. The procedures will not 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 County’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. The County will amend the service animal policy currently used in its Domestic Violence Programs consistent with Departmental guidance. Implement written procedures to ensure that reasonable modifications are made to County’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 trainerprogram. IMPLEMENTATION AND ENFORCEMENT Implement written policies to ensure that despite any “drug-free” policy of County’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. If at any time the County desires contracts with another entity to modify any portion provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of this Agreement because of changed conditions making performance impossible domestic violence or impractical or for any other reasonabuse and their families (hereafter referred to as “Domestic Violence Programs”), it will promptly notify ensure that the Department in writingother entity complies with the preceding provisions on its behalf. If that entity will not comply with the following provisions, setting forth the facts and circumstances thought County will nonetheless take all necessary steps to justify modification and the substance ensure that its program is accessible to persons with disabilities. Some of the proposed modification. Until there is written Agreement of the County’s shelters may be owned or operated by the Department other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the proposed modification, obligation to provide program access or remove barriers to accessibility under 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect the County's continuing responsibility be construed to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind require the County 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. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (Internet Personnel) the technical assistance document, '"Accessibility of State and Local Government Websites to People with Disabilities," which is Attachment H F to this Agreement (it is also available at wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the County's services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 six months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilitiesfacilities that are subjects of this Agreement, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County facilitiesfacilities that are subjects of this Agreement, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Facilities PROGRAM MODIFICATIONS Access to County Programs Housed in Others' Facilities: In order to ensure that the County's programs, services, and Programs Not Surveyed activities that are the subject of this Agreement and that are operated by the Department: The County 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 County will review compliance with take the requirements of title II of actions listed in Attachment L. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the ADA for those County facilities and owns or operates any programs that were not reviewed by the Department. Within 36 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"), within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will submit also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request. Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for review by the Department a detailed report listing the access issues identified during its review together effective communication with the corrective actions and completion dates proposed to resolve such issuespersons who are deaf or hard of hearing. The review conducted by type of aid that will be required for effective communication will depend on the County, the access issues identifiedindividual's usual method of communication, and the corrective actions nature, importance, and completion dates proposed 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 consistent required for effective communication with a person whose primary means of communication is sign language or speech reading. If the requirements County's Domestic Violence Programs operate a hotline to take telephone calls of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expiresan emergency nature, the County 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 County will submit obtain the necessary equipment, establish the written reports to the Department summarizing the actions the County 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 policiesprocedures, and proof 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. Survey facilities used as shelters or designated as potential shelters – or for counseling, job training, education, clothing or household provisioning, or other aspects of efforts Domestic Violence Programs – to secure funding/assistance ensure that adequate arrangements are available for structural renovations potential clients and family members with disabilities, including adults and children who have mobility impairments, who are blind or equipment. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilitieshave low vision, and equipment, and will take whatever actions who are necessary (such as routine testing deaf or hard 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)hearing. Within 12 months 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 County will develop implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or procure in nearby communities) and other facilities that could be used if people with disabilities need sheltering or inservice access to a two-hour training program 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 County's Domestic Violence Programs. 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 County's Domestic Violence Programs on the requirements basis of disability. 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 County'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 County'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. Implement written procedures to ensure that reasonable modifications are made to the County'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 ADA and appropriate ways program. Implement written policies to ensure that despite any "drug-free" policy of serving the County'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. If the County contracts with another entity to provide or operate 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 County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. The County 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. Within 18 months Some of the effective date of this AgreementCounty's shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that periodas such, the County will submit a copy of its training curriculum and materials are subject to the Department, along with a list of employees trained and obligation to provide program access or remove barriers to accessibility under the name, title, and address of the trainer. IMPLEMENTATION AND ENFORCEMENT If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect the County's continuing responsibility be construed to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind require the County 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. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 one month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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 wxx.xxx.xxx/xxxxxxxx0.xxxxxx.xxx.xxx/xxxxxxxx0.xxx). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the The elements or features of the County's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the County's services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I. Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J. Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K. Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title Title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 twelve months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and K. MISCELLANEOUS PROVISIONS Except as otherwise specified M. PROGRAM MODIFICATIONS Access to Programs Housed in this AgreementOthers' Facilities: In order to ensure that the County's programs, at yearly anniversaries of services, and activities that are the effective date subject of this Agreement until it expiresand that are operated by the County 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 County will submit written reports to the Department summarizing take the actions listed in Attachment L. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurementsowns or operates any Domestic Violence Programs, 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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). Within 12 within three months of the effective date of this Agreement, it will do the following: 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 (e.g., HTML), upon request. 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. If the County's Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County will develop 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 procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilitieslocal Telecommunication Relay Services. The County 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 ADA technical assistance materials developed by the Department Telecommunication Relay Services. 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 will consult with interested persons, including individuals family members with disabilities, in developing including adults and children who have mobility impairments, who are blind or procuring the ADA training programhave low vision, and who are deaf or hard of hearing. Within 18 months one year of the effective date of this Agreement, modify each such facility to remove the County will deliver its training program barriers or, alternatively, procure another, fully accessible facility to all County employees who ensure that potential clients and family members with disabilities have direct contact with members 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 public. At the end of that periodsheltering program, the County will submit 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 copy Domestic Violence Program. The cost to potential clients of its training curriculum being housed or otherwise served in alternate accessible facilities shall not exceed any costs normally attributed to clients of the County's Domestic Violence Programs. Implement written procedures and materials 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 County's Domestic Violence Programs on the basis of disability. 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 County's Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. The procedures will not 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 County'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. Implement written procedures to ensure that reasonable modifications are made to the Department, along County's Domestic Violence Programs when necessary for a client or family member with a list of employees trained and disability to participate in such Programs, unless doing so would fundamentally alter the name, title, and address nature of the trainerprogram. IMPLEMENTATION AND ENFORCEMENT Implement written policies to ensure that despite any "drug-free" policy of the County'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. If at any time the County desires contracts with another entity to modify any portion provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of this Agreement because of changed conditions making performance impossible domestic violence or impractical or for any other reasonabuse and their families (hereafter referred to as "Domestic Violence Programs"), it will promptly notify ensure that the Department in writingother entity complies with the preceding provisions on its behalf. If that entity will not comply with the following provisions, setting forth the facts and circumstances thought County will nonetheless take all necessary steps to justify modification and the substance ensure that its program is accessible to persons with disabilities. Some of the proposed modification. Until there is written Agreement of the County's shelters may be owned or operated by the Department other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the proposed modification, obligation to provide program access or remove barriers to accessibility under 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect the County's continuing responsibility be construed to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind require the County 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. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

Sidewalks. Within 12 three months of the effective date of this Agreement, the County 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 ramps cuts at particular locations. Within 12 three months of the effective date of this Agreement, the County 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 three years of the effective date of this Agreement, the County 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. Beginning no later than three months after the effective date of this Agreement, the County 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. Within three months of the effective date of this Agreement, the County 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 five three years of the effective date of this Agreement, the County 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. Beginning no later than six three months after the effective date of this Agreement, the County 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 Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County 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 wxx.xxx.xxx/xxxxxxxx0.xxx). xxx.xxx.xxx/xxxxxxxx0.xxx.) Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County City will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the CountyCity's facilities that do not comply with the Standards. It is the Department's position that elements or features of a facility 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 County the City's services, programs, and activities, 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. This Agreement shall not be construed as an admission of liability or discrimination by the County. The County City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within 24 three months of the effective date of this Agreement, the County 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment I. Altered Facilities: In order to ensure that the following spaces and elements in County City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County City will take the actions listed in Attachment J. Program Access in County City Existing Facilities: In order to ensure that each of the CountyCity'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 County City will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 36 City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the County following: Whatever written information is provided regarding its Domestic Violence Programs will submit also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request. Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for review by the Department a detailed report listing the access issues identified during its review together effective communication with the corrective actions and completion dates proposed to resolve such issuespersons who are deaf or hard of hearing. The review conducted by type of aid that will be required for effective communication will depend on the County, the access issues identifiedindividual's usual method of communication, and the corrective actions nature, importance, and completion dates proposed 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 consistent required for effective communication with a person whose primary means of communication is sign language or speech reading. If the requirements City's Domestic Violence Programs operate a hotline to take telephone calls of title II of an emergency nature, the ADA; 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 review of County facilities and programs conducted by state or local Telecommunication Relay Services. The City will obtain the Department for purposes of this Agreement; and necessary equipment, establish the access issues, corrective actionswritten procedures, and completion dates reflected in Attachments Iprovide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTY's, Jas well as the training necessary to respond to callers who use the Telecommunication Relay Services. 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 K. MISCELLANEOUS PROVISIONS Except as otherwise specified in this Agreement, at yearly anniversaries who are deaf or hard of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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)hearing. Within 12 months one year of the effective date of this Agreement, modify each such facility to remove the County 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 develop implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or procure in nearby communities) and other facilities that could be used if people with disabilities need sheltering or inservice access to a two-hour training program 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. 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 requirements basis of disability. 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. Implement written procedures to ensure that reasonable modifications are made to the 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 ADA program. Implement written policies to ensure that despite any "drug-free" policy of the 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. 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 appropriate ways of serving 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. The County 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. Within 18 months Some of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that periodCity's shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, the County will submit a copy of its training curriculum and materials as such, are subject to the Department, along with a list of employees trained and obligation to provide program access or remove barriers to accessibility under the name, title, and address of the trainer. IMPLEMENTATION AND ENFORCEMENT If at any time the County 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. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 45 days of the date it provides notice to the County, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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. 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 County or the Department on request. 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 enforceableADA. This Agreement does not purport to remedy limit such future enforcement action against the owners or operators of these facilities by any other potential violations of person or entity, including the ADA or any other federal lawDepartment. This Agreement does shall not affect be construed to require the County's continuing responsibility City to comply with all aspects divulge confidential information relating to the location or existence of the ADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for five years or until the parties agree that all actions any Domestic Violence Programs, beyond what is otherwise required by the Agreement have been completed, whichever applicable law or what is later. The person signing necessary for the County represents that he or she is authorized Department to bind the County to effectively enforce this Agreement. The effective date of this Agreement is the date of the last signature below. For Gxxxx County, Georgia: JXXXXX XXXXX, CHAIRMAN County Board of Commissioners By: ____________________________ For the United States: TXXXXX X. XXXXX, Assistant Attorney General for Civil Rights JXXX X. XXXXXXX, Chief JXXXXXX XXXXXX, Deputy Chief By:_____________________________ NXXXX X. XXXXXX, Supervisory Attorney By:_____________________________ AXXXXX X. EXXXXXX, Investigator MXXXXXX XXXXXXX XXXXXXXX, Architect U.S. Department of Justice Civil Rights Division 900 Xxxxxxxxxxxx Xxxxxx, X.X. Disability Rights Section - NW BLDG Washington, DC 20000 (000) 000-0000 (000) 000-0000 (fax) Date: 10/01/2009 Date: 11/02/2009 Project Civic Access | ADA Home Page December 10, 2009.

Appears in 1 contract

Samples: Settlement Agreement

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