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
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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
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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
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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);
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Exhibit A
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• 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
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Exhibit A
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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.
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Exhibit A
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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
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Exhibit A
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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
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Exhibit A
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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
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Exhibit A
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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
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fthibityA
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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.
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Exhibit A
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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.
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Exhibit A
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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
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