SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

EXPO SQUARE

UNDER THE AMERICANS WITH DISABILITIES ACT, DJ NUMBER 202-59N-48

BACKGROUND

1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, and its implementing regulation, 28 C.F.R. pt. 35, with the United States Department of Justice (“the United States”) against the Tulsa County Public Facilities Authority (“Expo Square”). Department of Justice Complaint Number 202-59N-48 alleges that the accessible parking spaces for venues at the Tulsa County Fairgrounds, specifically, for the Quik Trip Center, a large assembly area on the Fairgrounds, were inadequate in number and type. The Tulsa County Public Facilities Authority, also known as Expo Sqaure, is a local government entity that owns the Tulsa County Fairgrounds. Title II protects qualified individuals with disabilities from discrimination on the basis of disability in participating in and benefitting from the services, programs, and activities of State and local governments. 28 C.F.R. § 35. 130(a). Title II’s program accessibility mandate requires public entities to ensure that their programs, services, and activities, including fairground parking activities, when viewed in their entirety, shall be readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.150.
2. The complaint was filed in May 2009 after the complainant attended a show at the Quik Trip Center. The complainant alleged that the lack of accessible parking made it difficult for individuals with disabilities to attend shows and participate in other activities on the Tulsa County Fairgrounds.
3. There are several buildings and entertainment venues with associated parking facilities on the Tulsa County Fairgrounds. The Tulsa County Fairgrounds is owned by Tulsa County, a public governmental entity subject to the provisions of title II of the ADA.
4. The Tulsa County Public Facilities Authority, also known as Expo Square, is a public trust of Tulsa County and is administered by a five person board comprised of the three Tulsa County commissioners and two trustees appointed by the commissioners. As such, Expo Square is a public entity subject to the provisions of title II of the ADA.
5. In order to avoid the burden and expense of further investigation and possible litigation, Expo Square has agreed to enter into this Settlement Agreement with the United States. In light of this Agreement, the parties have determined that Department of Justice Matter Number 202-59N-48 can be resolved without litigation and have agreed to the terms of this Settlement Agreement.
   
   In consideration of the Expo Square’s fulfillment of the terms of this Settlement Agreement, the Attorney General of the United States agrees to refrain from undertaking further action in this matter, except as provided in paragraph 11.

AGREEMENT

6. Expo Square agrees that physical changes undertaken to ensure that programs, services, and activities at the Tulsa County Fairgrounds are, when viewed in their entirety, readily accessible to and usable by persons with disabilities shall be made in accordance with the technical and scoping requirements of the ADA Standards for Accessible Design (Standards), 28 C.F.R., pt. 36, App. A.
7. Within six (6) months of the execution of this Settlement Agreement, Expo Square shall provide accessible parking spaces, van accessible parking spaces, signage, and other accessible features as set forth in this paragraph and its subparagraphs.
   1. Expo Square shall provide accessible parking spaces and van accessible parking spaces in each parking lot as described in subparagraph A , sections 1 - 14. Lot numbers refer to lots shown on the attached site map, attached hereto as Exhibit A. Standards §§ 4.1.2(5)(a)(b) and 4.6.
      1. Due to the slope of Lot # 1 and its distance from the building, the number of accessible parking spaces required to be located in Lot #1 shall be located in Lot #2.
      2. Twenty-four (24) standard accessible parking spaces and six (6) van accessible parking spaces shall be provided in Lot # 2.
      3. The fourteen (14) standard accessible parking spaces and four (4) van accessible parking spaces required to be located in Lot # 3 have been relocated to Lot #4 for greater accessibility to the north main entrance to the building presently known as the "Quik Trip Center".
      4. Seven (7) standard accessible parking spaces and two (2) van accessible parking spaces shall be provided in Lot # 4 in addition to those relocated from Lot #3, discussed in paragraph 7(A)(3), above. Therefore, Lot #4 shall have a total of twenty-one (21) standard and six (6) van accessible spaces.
      5. Six (6) standard accessible parking spaces and one (1) van accessible parking space shall be provided on the north end of Lot #5 near the main entrance to the building presently known as the "Exchange Center". In addition, seven (7) standard accessible parking spaces and two (2) van accessible parking spaces have been moved from Lot #9 to Lot #5 and located near the main entrance to the building presently known as the"Quik Trip Center". Therefore, Lot #5 shall have a total of thirteen (13) standard and three (3) van accessible spaces.
      6. Six (6) standard accessible parking spaces and one (1) van accessible parking space shall be provided in Lot #6.
      7. The seven (7) standard accessible parking spaces and two (2) van accessible parking spaces required to be located in Lot #7 have been relocated to Lot #8 for greater accessibility to an accessible entrance.
      8. Seven (7) standard accessible parking spaces and two (2) van accessible parking spaces shall be provided in Lot #8 in addition to those relocated from Lot #7, discussed in paragraph 7 (A)(7), above. Therefore, Lot #8 shall have a total of fourteen (14) standard accessible spaces and four (4) van accessible spaces.
      9. Due to the distance and slope to the nearest accessible public entrance from Lot #9, the required seven (7) standard accessible parking spaces and two (2) van accessible parking spaces have been moved from Lot #9 to Lot #5 and located near the main entrance to the building presently known as the"Quik Trip Center", as set forth in paragraph 7(A)(5), above.
      10. Seven (7) standard accessible parking spaces and two (2) van accessible parking spaces shall be provided Lot #10.
      11. Due to the uneven surface of Lot #11, the number of accessible parking spaces required to be located in Lot #11 shall be located in Lot #12.
      12. Four (4) standard accessible parking spaces and two (2) van accessible parking spaces shall be provided in Lot #12.
      13. One (1) standard accessible parking space and one (1) van accessible parking space shall be provided in Lot #13.
      14. Fourteen (14) standard accessible parking spaces and four (4) van accessible parking spaces shall be provided in Lot #14.
      15. Fourteen (14) standard accessible parking spaces and four (4) van accessible parking spaces shall be provided in Lot #15.
   2. Each modification described in subparagraph A, sections 1-15, above, shall be undertaken in conformance with the Standards and, specifically, shall comply with the following:
      1. Each accessible parking space shall be at least 96 inches wide and shall have an adjacent access aisle that is at least 60 inches wide. Two accessible parking spaces may share a common access aisle. Standards §§ 4.1.2(5)(a) and 4.6.3.
      2. Each accessible parking space, shall have a vertical, unobscured sign displaying the international symbol of accessibility. The sign shall be located so that it cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a), 4.6.4 and 4.30.7.
      3. Each van accessible parking space shall be at least 96 inches wide and shall have an adjacent access aisle that is at least 96 inches wide. Two van accessible parking spaces may share a common access aisle. Standards §§ 4.1.2(5)(b) and 4.6.3.
      4. Each van accessible parking space, shall have a vertical sign displaying the international symbol of accessibility with an additional “van-accessible” sign mounted below the symbol of accessibility. The sign shall be located so that it cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4 and 4.30.7.
   3. For each parking lot with accessible parking spaces described in subparagraph A, sections 1-15, Expo Square shall provide an accessible route from the accessible parking space access aisles to the building entrances. Standards §§ 4.1.2(1), 4.1.2(5)(a)(b), 4.3, 4.6.3 and 36.604(c) applicable to "Existing Facilities". In addition, and to the extent required by applicable standards, the accessible route shall conform to the following:
      1. The ground surface of the accessible routes shall be stable firm and slip-resistant. Standards §§ 4.1.2(1), 4.3.6 and 4.5.1.
      2. The slope of the accessible route shall not exceed 1:20, and the cross slope of the accessible route shall not exceed 1:50. Standards §§ 4.1.2(1) and 4.3.7.
   4. Parking lots that do not have accessible parking spaces (e.g., lots 1 and 11) shall have signs at the entrances to these lots directing patrons to parking lots that do have accessible parking spaces.
   5. Within sixty (60) days of the execution of this agreement, Expo Square shall provide to the United States for its review and approval a policy and set of procedures ensuring that individuals with disabilities are provided with equivalent access to transportation services for events and activities in which Expo Square utilizes the services of shuttle vehicles to transport patrons from off-site parking areas. Such policy and procedures shall include:
      1. The means by which Expo Square will transport individuals with disabilities, whether by leasing or by procurement of accessible shuttle vehicles; and
      2. The means by which individuals with disabilities can find information about accessible transportation services, to be posted on the Expo Square, Quick Trip Center, and/or Tulsa County Fairgrounds web site, as a telephone option, or any other information modalities; and
      3. The procedures by which Expo Square will ensure that individuals with disabilities are provided equivalent pick up or response times, accessible transportation from all sites where the services are provided to others, and the ability, if it is provided to others, to reserve transportation.
8. Within sixty (60) days of the execution of this Settlement Agreement, Expo Square shall provide the United States for its review and approval with copies of the proposed plans by which it intends to comply with the steps outlined in paragraph 7 subparagraph A, sections 1-15, subparagraph B, sections 1-4, subparagraph C, sections 1-2, and subparagraphs D and E of this Agreement.

REPORTS

9. By no later than thirty (30) days after all construction work is complete, Expo Square shall submit a written report to the United States summarizing the actions Expo Square has taken pursuant to this Agreement. The report shall include photographs showing measurements of all new or altered accessible features and spaces, and shall also include other relevant evidence of actions taken.

ENFORCEMENT

10. The United States may review compliance with this Agreement at any time. The United States shall make every effort to conduct any inspection to determine compliance with this Agreement at times that are mutually agreeable to Expo Square, so that Expo Square can ensure that the inspections cause no disruptions or only minimal disruptions to its operations.
11. If the United States believes that this Agreement or any part thereof have been violated, the United States agrees to notify Expo Square in writing of the alleged noncompliance and to attempt in good faith to seek a resolution of the matter with Expo Square. If the parties are unable to reach a resolution within 60 days of the date of the United States’ notification, the United States may institute a civil action in federal district court to enforce this Agreement or the ADA and its implementing regulation.
12. Failure by the United States to enforce this entire Settlement Agreement or any of its provisions or deadlines shall not be construed as a waiver of the United States’s right to enforce other deadlines and provisions of this Agreement.

IMPLEMENTATION

13. Copies of this Agreement shall be made available to any person upon request.
14. The effective date of this Agreement is the date of the last signature.
15. This Agreement shall be in force for a period of three years from its effective date.
16. This Agreement, which contains one exhibit, Exhibit A, a map of the parking areas, 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 shall be enforceable under its provisions. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and Expo Square shall engage in good faith negotiations in order to adopt amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
17. The person signing for Expo Square represents that he is authorized to bind Expo Square to this Agreement.
18. This Settlement Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect Expo Square’s continuing responsibility to comply with all aspects of the ADA.

May 12, 2011