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HomeMy WebLinkAbout09/07/2004, C12 - SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF SAN LUIS OBISPO UNDER THE council Ndimm j aGEnaa RepoiA C I T Y OF SAN LUIS OBISPO FROM: Monica Moloney,Director of Human Prepared By: Jill Sylvain,Human Resources Analystces SUBJECT: SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF SAN LUIS OBISPO UNDER THE AMERICANS WITH DISABILITIES ACT CAO RECOMMENDATION Adopt a resolution approving the Settlement Agreement between the United States of America and the City of San Luis Obispo, California under the Americans with Disabilities Act (DJ 204-12C- 425). DISCUSSION Background On November 20,2003 Mayor Romero received a letter from Dana Jackson, Specialist, Disability Rights Section of the United States Department of Justice (DOJ) informing him that the City of San Luis Obispo had been selected to participate in their "Project Civic Access" (PCA) initiative. The letter explained that the DOJ, Civil Rights Division, Disability Rights Section is working with local governments around the country to assist them in coming into full compliance with Title II of the Americans with Disabilities Act of 1990 (ADA),42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the DOJ, the review is also conducted under the authority of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28, C.F.R. Part 42, Subpart G. There is a more detailed description of these regulations on pages one through three of Attachment I Exhibit A. Mr. Jackson informed staff that the City was selected based on its demographics, not because the DOJ had received any citizen complaints. PCA is the Department's wide-ranging initiative to ensure that people with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. To date, the DOJ has worked with many local governments in all 50 states. Mr. Jackson explained the process as follows. During the PCA review information is gathered from the city through an on site inspection of facilities and review of written policies and procedures. In addition, Mr. Jackson stated, "Although we reserve the right to do so, we typically do not seek damages for violations as long as entities are acting in good faith. Instead, we focus on working with the localities to identify programmatic barriers to access and to establish a specific plan for removing them." The final product is the Settlement Agreement between the United States of America and the City of San Luis Obispo. This agreement outlines the areas of non compliance and Cia -[ Settlement Agreement Between the United States of America and.the City of San Luis Obispo Under the Americans With Disabilities Act Page 2 establishes the City's timeline for compliance with the DOD's regulations. Mr.Jackson set a date in January 2004 to conduct an on site review. The Human Resources Director formed a committee of City employees that could provide information concerning the areas of review by the DOJ. Information requested by the DOJ, prior to their January inspection date, was provided by committee members. The committee members also made themselves available to guide the DOJ Inspectors around the various City facilities during the three days they were in San Luis Obispo. The.Review Mr. Jackson and Ms. Ame Eduardo, another Inspector with the DOJ, arrived in January to conduct the compliance review. They reviewed the following facilities, which — because construction or alterations commenced after January 26, 1992 —must comply with the ADA's new construction or alterations requirements: Damon Garcia Park, Downtown Restrooms (between Marsh and Higuera), Parks and Recreation Building, French Park, Islay Hill Park, Fire Station 1, Santa Rosa Park, Throop Field restrooms and ball field, Utilities Office, City Hall, Ludwick Center, City/County Museum and the Police Station. The DOJ's access review covered those City programs, services, and activities that operate in the following facilities; Marsh Street Parking Garage, Mission Plaza,Laguna Lake Park,Mitchell Park, Meadow Park, San Luis Obispo Swim Center,Palm Street Parking Structure, Santa Rosa Park,Jack House and Garden Residence, Jack House Service Building, Sinsheimer Stadium, Senior Center and Laguna Lake golf facility. Buildings that are designated as emergency shelters were reviewed, and they include: Hawthorne, Sinsheimer and Pacheco Elementary Schools. In addition the City's policies and procedures regarding emergency management and disaster prevention were reviewed. The City's sidewalk program was evaluated to determine if persons with disabilities have an equal opportunity to utilize them. Finally, the Inspector's reviewed the Police Department's policies and procedures to assure the department was providing effective communication to persons who are deaf or hard-of-hearing. At the end of the three day on-site review, Mr. Jackson and Ms. Eduardo complimented the City on its progressive approach to providing equal access to people with disabilities. In addition, Mr. Jackson praised the City for its cooperation in the audit. Remedial Action Mr. Jackson and Ms. Eduardo compiled a list of areas of non-compliance with ADA regulations and the timeframes in which the City would be required to reach compliance. Staff reviewed the proposal and made a counter proposal asking for additional time, which was subsequently granted G:lagenda reports\ADA Audit DOJ Agenda Report.doc C� a - � Settlement Agreement Between the United States of America and the City of San Luis Obispo Under the Americans With Disabilities Act Page 3 by the DOJ and is reflected in the Settlement Agreement (Attachment 1 Exhibit A). As noted in Attachments 1, Exhibit A and Attachment 2, the various timelines for compliance are broken down in time frames of three to thirty six months. Staff believes these time frames are reasonable and the DOJ has made it quite clear that if the City demonstrates a continuous effort to reach full compliance they will negotiate extended deadlines if necessary. References to the attachments mentioned in the Settlement Agreement can be found in the Council Reading File. FISCAL IMPACT The estimated cost of complying is $148,000. The costs will be incurred during the three-year settlement period and are detailed in Attachment 3. The first year's costs are estimated to be$2,000 and will be absorbed by the Building Maintenance Division of the Public Works Department who will perform the work scheduled in the first year. The costs for years two and three ($121,700) will be submitted in the 2005-06 California Development Block Grant (CDBG) process. This type of project fits well into the criteria for CDBG funding. The Human Relations Commission reviews the CDBG recommendations and Council ultimately has the ability to approve these recommendations in the spring of 2005. ALTERNATIVES The City could choose to further negotiate or litigate the level of required improvements. However, the recommended agreement already reflects negotiated changes from the DOJ's original proposal. At this point, we believe that the proposed agreement reflects reasonable improvements within a reasonable time frame, and is the right thing to do. Accordingly, we recommend that the Council approve the agreement as proposed. Attachments: 1. Resolution and Settlement Agreement 2. ADA Corrections—Task List Worksheet G:\agenda reports\ADA Audit DOJ Agenda Report.doc Attachment 1 RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF SAN LUIS OBISPO UNDER THE AMERICANS WITH DISABILITIES ACT WHEREAS, the City of San Luis Obispo has been selected by the United States Department of Justice to participate in their Project Civil Access; and WHEREAS, the City of San Luis Obispo agrees that being in compliance with the regulations of the Americans With Disabilities Act (ADA) is a positive step for our employees, citizens and visitors; and WHEREAS, California Development Block Grant funding is available to cover the cost of compliance over the next three years. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that approves the settlement agreement, attached and incorporated herein as Exhibit A, between the United States of America and the City of San Luis Obispo, California under the Americans with Disabilities Act, and authorizes the Mayor to execute said agreement on behalf of the City. Upon motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 7`h day of September, 2004. David F. Romero,Mayor ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney G:\ADA AUDIT 2004\Resolution.doc I Exhibit A Page 1 of 11 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF SAN LUIS OBISPO, CALIFORNIA UNDER THE AMERICANS WITH DISABILITIES ACT DJ 204-12C-425 BACKGROUND SCOPE OF THE INVESTIGATION The United States Department of Justice (Department) initiated this matter as a compliance review of The City of San Luis Obispo, California(City) under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation,28 C.F.R. Part 42, Subpart G. The review was conducted by the Disability Rights Section of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements: • to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulation, 28 C.F.R. § 35.105; • to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulation, 28 C.F.R. § 35.106; • to designate a responsible employee to coordinate its efforts to comply with and carry out the City's ADA responsibilities,28 C.F.R. § 35.107(a); • to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b); Cla �� Exhibit A Page 2 of 11 • to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by: • delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible, • physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A. • to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. §35.151; • to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160; • to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY's and computer modems, 28 C.F.R. § 35.162; • to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities,and facilities, 28 C.F.R. § 35.163(a); and • to provide signage at all inaccessible entrances to each of its facilities,directing users to an accessible entrance or to information about accessible facilities,28 C.F.R. § 35.163(b). As part of its compliance review, the Department reviewed the following facilities, which—because construction or alterations commenced after January 26, 1992—must comply with the ADA's new construction or alterations requirements: Damon Garcia Park, Downtown Restrooms (at Marsh and Higuera), Parks and Recreation Building,French Park, Islay Hill Park, Fire Station#1, Santa Rosa Park(some portions),Throop Field Restrooms,Throop Ball Field, Utilities Office, City Hall, Ludwick Center Community Center, City County Museum, and Police Department(1042 Walnut Street). The Department's program access review covered those of the City's programs, services, and activities that operate in the following facilities: Parking Marsh, Mission Plaza, Laguna Lake Page 2 of 11 Exhibit A Page 3 of 11 Park, Mitchell Park, Meadow Park, San Luis Obispo Swim Center, Palm Structure, Santa Rosa Park(some portions), Jack House and Garden Residence, Jack House Service Building, Sinsheimer Stadium, San Luis Obispo Senior Center,and Laguna Lake Golf facility. The Department also conducted a program access review of the following facilities that are designated as emergency shelters: Hawthorn School, Sinsheimer School, and Pacheco Elementary School. This review was limited to the areas of the facilities used by members of the public during an emergency: parking, the route from the parking area to the area used as a shelter, the area used as a shelter, and toilet facilities serving that area. The Department reviewed the City's policies and procedures regarding emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs. Finally, the Department reviewed the City Police Department's policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing. JURISDICTION 1. The ADA applies to the City because it is a"public entity" as defined by title II. 42 U.S.C. § 12131(1). 2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the City with title II of the ADA and the Department's title II implementing regulation,to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore,the Attorney General is authorized, under 42 U.S.C. § 12133,to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. 3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance'with section 504 of the Rehabilitation Act of 1973,to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state,or local law. 4. The parties to this Agreement are the United States of America and the City of San Luis Obispo, California. 5. In order to avoid the burdens and expenses of an investigation and possible litigation,the parties enter into this Agreement. Page 3 of 11 Cla- �l Exhibit A Page 4 of 11 6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled "Implementation and Enforcement." ACTIONS TAKEN BY THE CITY 7. The City has a designated ADA Coordinator. Grievances are brought to the attention of the Coordinator who then works towards a resolution of the matter. 8. In 1994, the City conducted a self-evaluation and developed a transition plan. In November of 1995, San Luis Obispo adopted a resolution adopting the transition plan for the removal of barriers to access to City facilities as required by the ADA. The plan ensures that the programs offered at City facilities are readily accessible to and usable by individuals with mobility impairments. The City then increased the number of designated accessible parking spaces, installed curb ramps, and widened doors at City buildings. 9. The City has amended its employment policies to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. 10. The City of San Luis Obispo revised its Multi-Hazard Emergency Response Basic Plan in April 2000 to include a list of persons with special needs. The San Luis Obispo Fire Department has organized this list into 4 zones in order to ensure that all persons on this are accounted for in the case of an emergency. REMEDIAL ACTION NOTIFICATION 11. Within six months of the effective date of this Agreement,the City will adopt the attached Notice(Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the City;post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies,and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request. 12. Within 1 year of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires,the City will implement and report to the Department its written procedures for providing information for interested persons with disabilities Page 4 of 11 c"Ia , Exhibit A Page 5 of 11 concerning the existence and location of the City's accessible programs, services, and activities. GRIEVANCE PROCEDURE 13. Within six months of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request. GENERAL EFFECTIVE COMMUNICATION PROVISIONS 14. Within six months of the effective date of this Agreement, the City will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.). 15. The City will take steps to ensure that all appropriate employees are trained and practiced in using the California Relay Service to make and receive calls. LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION 16. Within nine months of the effective date of this Agreement,the City will adapt for its own use and implement the San Luis Obispo Police Department's Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D]. 17. Within nine months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its police department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters). 18. Within nine months of the effective date of this Agreement,the City will ensure that each police station or substation and each jail/prison/detention facility is equipped with a working TTY to enable persons who are deaf,hard of hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are time- limited, the City will adopt policies permitting inmates who use TTY's a longer period of Page 5 of 11 Cia -� Exhibit A Page 6 of 11 time to make those calls, due to the slower nature of TTY communications compared with voice communications. EMERGENCY MANAGEMENT PROCEDURES AND POLICIES 19. If the City contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, the City will ensure that the other entity complies with the following provisions on its behalf. 20. Within nine months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and those who serve them regarding all phases of its Multi-Hazard Emergency Response Basic Plan. 21. Within nine months of the effective date of this Agreement,the City will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self- evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the City adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the City's plan should address accessible transportation needs for persons with disabilities. 22. Within nine months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e- mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures,as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.. 23. Within nine months of the effective date of this Agreement,the City will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated(such as a refrigerator or a cooler with ice). Such shelter(s)will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices,providing power to motorized wheelchairs, and Page 6 of 11 Cia - l � Exhibit A Page 7 of 11 preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s). 24. Within nine months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals. 25. Some of the City's emergency shelters may be owned or operated by other public entities subject to title 11 or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department. 26. Within three months of the effective date of this Agreement, the City will request in writing that each of the owners and operators of the shelter facilities listed in Attachment E will remove the noted barriers to access for persons with disabilities. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department. 27. Within 15 months of the effective date of this Agreement, the City will survey the shelters listed in Attachment E to determine whether the noted barriers have been removed. If not all barriers have been removed,the City will identify within 18 months of the effective date of this Agreement an appropriate number of alternate shelters where the parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms to the shelter area comply with the Standards. 28. Within six months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes,entrances, interior routes to the shelter area, and toilet rooms serving the shelter area,the City will identify and widely publicize to the public and to persons with disabilities and the organizations that serve them the most accessible emergency shelters. 29. To the extent that the City provides opportunities for post-emergency temporary housing to its residents, within 3 months of the effective date of this Agreement, it will develop, implement,and report to the Department its plans for providing equivalent opportunities for accessible post-emergency temporary housing to persons with disabilities. Within one year of the effective date of this Agreement,the City will ensure that information it makes available regarding temporary housing includes information on accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster Pagel of 11 fthibityA Page 8 of 11 if, for instance, necessary accessible features such as ramps or electrical systems have been compromised. WEB-BASED SERVICES AND PROGRAMS 30. Within 6 months of the effective date of this Agreement,and on subsequent anniversaries of the effective date of this Agreement, the City will distribute to all persons—employees and contractors—who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the City (Internet Personnel) the technical assistance document, "Accessibility of State and Local Government Websites to People with Disabilities," which is Attachment F to this Agreement (it is also available at www.ada.gov/websites2.htm). 31. Within nine months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following: A. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; B. Ensure that all new and modified web pages and content are accessible; C. Develop and implement a plan for making existing web content more accessible; D. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and E. Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES 32. The elements or features of the City's facilities that do not comply with the Standards, including those listed in Attachments G, H, and I, prevent persons with disabilities from fully and equally enjoying the City's services, programs,or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150. 33. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. 34. Within one year of the effective date of this Agreement, the City will install signage as necessary to comply with 28 C.F.R. § 35.163(b),after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible. Page 8 of I I �i � A3_ Exhibit A Page 9 of 11 35. Newly Constructed Facilities: In order to ensure that the spaces and elements in City's facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities,the City will take the actions listed in Attachment G. 36. Altered Facilities: In order to ensure that the spaces and elements in City's facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment H. 37. Prop-ram Access in City's Existing Facilities: In order to ensure that each of the City's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment I. MISCELLANEOUS PROVISIONS 38. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment. 39. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities)to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b). 40. Within 1 year of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program. 41. Within 2 year of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public. At the end of that period,the City will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name,title, and address of the trainer. Page 9 of I I Exhibit A Page 10 of 11 IMPLEMENTATION AND ENFORCEMENT 42. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed. 43. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act. 44. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement. 45. 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. 46. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request. 47. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the City continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 48. This Agreement will remain in effect for four years. Page 10 of I I eta ' �� Exhibit A Page 11 of 11 49. The person signing for the City represents that he or she is authorized to bind the City to this Agreement. 50. The effective date of this Agreement is the date of the last signature below. For the City of San Luis Obispo, For the United States: California: R. ALEXANDER ACOSTA, Assistant Attorney General for Civil Rights By: By: JOHN L. WODATCH, Chief JEANINE WORDEN, Deputy Chief MARY LOU MOBLEY, Special Projects Attorney JOSH MENDELSOHN, Supervisory Attorney DANA JACKSON, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue,N.W. Disability Rights Section -NYA Washington, DC 20530 Date: Date: Page 11 of i l Attachment 2 a u z � S E 5. m n z a C P C Q m A pm O O N 4 11 II n � G4 �; s - !y O! O •fs � {G • I o YJ o I�t- I� O O }.. N N @7 O y� �� � Q N � N O "• sN �4� e •i O O p M g g N ip ow� p d rn n N N N 2 N N •C Fes!. e� U `6�q4@y �,J144qq a S ,.�Y J� J$A V • N � Q � .. c J!@ 4@ O`m boy o n 8 S .fie vJ N N � Ny il,i" r !y !s o �• •Li f �y N N N N r O w � 7�.�.Y L !@cJ O O v@ wo c a v � aO4 o I Gn J N F wW ^ S O C N 7 HiL N I E ^ N N c s o a or, Q o E o o •E = m yam. u. m '� u (� a e = 3 U ao', o o 1 6 ;� 'E o vi A sL o 304 e �d = Svl = c 6 E Q x n0.. � 8nLI U. 7u3Uno. N � � 2f V) 0. rA toA