SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA AND
JUSTIN SMITH, SHERIFF OF LARIMER COUNTY, COLORADO

(DJ # 204-13-318)

PURPOSE

1. This Settlement Agreement ("Agreement") is entered into among the United States Department of Justice ("Department") by and through the U.S. Attorney's Office for the District of Colorado, and Justin Smith in his official capacity as Sheriff of Larimer County, Colorado ("LCSO") (collectively the "Parties"). The Parties share a mutual interest in promoting and maintaining equal access to law enforcement services and programs by individuals who are deaf or hard of hearing and deem it to be in their respective interests and of general public importance to provide an expeditious and costeffective resolution to those issues and/or disagreements as have arisen. Accordingly, it is the Parties' intent that this Agreement shall constitute an informal resolution of the Department's compliance review under the Americans with Disabilities Act ("ADA") pursuant to 28 C.F.R. § 35.172(c). This Agreement reaffirms and restates the LCSO's obligations to provide appropriate auxiliary aids and services whenever necessary to ensure effective communications with qualified individuals who are deaf or hard of hearing.

DEFINITIONS

2. Auxiliary aids and services" shall have that meaning as set forth in 28 C.F.R. § 35.104 as currently in effect and, accordingly, include Qualified Interpreters on-site or through video remote interpreting (VRI) services; notetakers; computer-aided real-time transcription services (CART); written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing.
3. "Person with an Auditory Disability" and "Persons with Auditory Disabilities" for purposes of this Agreement means persons who are "deaf" or "hard of hearing." Persons are deaf or hard of hearing if they have a physical impairment that substantially limits their hearing, with or without mitigating measures such as hearing aids or cochlear implants. To the extent Colorado state law is implicated by this Agreement, an "individual who is deaf or hard of hearing" will also be defined as a person who has a functional hearing loss of sufficient severity to prevent aural comprehension, even with the assistance of hearing aids pursuant to Colo. Rev. Stat. § 13-90-202(6) as currently in effect.
4. "Effective communication" for purposes of this Agreement means communication with individuals who are deaf or hard of hearing that is as effective as communication with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in or benefit from the services, programs, or activities of a public entity.
5. "Effective Date" means the date of the last signatory or signatories to this Agreement.
6. "Emergency Situation" means an emergency involving an imminent threat to the safety or welfare of an individual or the public. 28 C.F.R. § 35.160(c)(2)(i). The definition of Emergency Sitaution is not intended to apply to the typical and foreseeable emergency situations that are a part of the normal operations of the LCSO's programs, services, and activities. Personnel may rely on an accompanying individual to interpret or facilitate communication under this paragraph only in truly emergent circumstances, i.e., where any delay in providing immediate services to the individual could have life-altering or life-ending consequences. See 28 C.F.R. Part 35, App. A.
7. "Jail" means any detention facilities operated by the LCSO, including the Larimer County Jail, located at 2405 Midpoint Drive, Fort Collins, Colorado.
8. "Members of the public" shall mean individuals who are not Personnel and include, but are not limited to, crime victims, witnesses, suspects, arrestees, detainees, and those individuals who seek access to law enforcement and related programs, services, and activities from the LCSO, as well as deaf or hard of hearing companions of crime victims, witnesses, suspects, arrestees, detainees, and others who seek access to law enforcement and related programs, services, and activities, so long as the deaf or hard of hearing companion is an appropriate person with whom the LCSO should communicate.
9. "Personnel" means all LCSO employees, both full and part-time, independent contractors of LCSO, employees of independent contractors, and volunteers.
10. "Qualified Interpreter" means an interpreter who, via a VRI service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary, given the deaf or hard of hearing individual's language, skills, and education. Qualified Interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. See also 28 C.F.R. § 35.104 and 28 C.F.R. Pt. 35, App. A, Qualified Interpreter.
11. "TTYs" means devices that are used with a telephone to communicate with individuals who are deaf or hard of hearing by typing and reading communications.
12. "Videophone" means a device with a video camera that can perform bi-directional video and audio transmissions between people in real-time.
13. "Video Remote Interpreting Service" or "VRI" means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering highspeed, wide-bandwidth video connection that delivers high-quality video images.

DEPARTMENT OF JUSTICE COMPLIANCE REVIEW

14. The Department is authorized under 28 C.F.R., Part 35, Subpart F to investigate the allegations of the complaints in this matter and to determine the LCSO's compliance with Title II of the ADA and the Title II implementing regulations at 28 C.F.R. Part 35.
15. The Department received a complaint against LCSO from TS. TS is deaf, and alleged that LCSO failed to effectively communicate with her during her three-night incarceration at LCSO from March 6 to March 9, 2015, including during her initial booking, interactions with medical staff, and internal disciplinary proceedings. LCSO denies the allegations. The Department elected to open a compliance review of LCSO's effective communication policies, practices, and procedures with respect to individuals who are deaf or hard of hearing.
16. The ADA applies to the LCSO because it is a "public entity" pursuant to Title II of the ADA ("Title II"), 42 U.S.C. § 12131. Title II prohibits discrimination against qualified individuals with disabilities on the basis of disability in the "services, programs, or activities of a public entity." 42 U.S.C. § 12132.
17. The Department deemed it appropriate to attempt informal resolution of this compliance review, and LCSO agreed to voluntarily engage in informal resolution in response to the Department's compliance review, which has resulted in this Agreement. See 28 C.F.R. § 35.172(c).
18. In consideration of the terms of this Agreement, the Department agrees to refrain from filing a civil suit for injunctive relief regarding its compliance review, except as provided in the paragraph entitled "Notification of Noncompliance and Enforcement" below.

TERMS AND CONDITIONS

19. References. Statutory and regulatory citations included in this Agreement are for resource and informational purposes and are not considered terms of this Agreement. This paragraph is not intended to exempt LCSO from compliance with the ADA or its implementing regulations, 28 C.F.R. part 35.
20. Nondiscrimination. With respect to all of its programs, services, and activities, the LCSO agrees not to engage in any act or practice, directly or through contracting, licensing, or other arrangements, that unlawfully discriminates or has the effect of discriminating against a qualified person with a disability, including a Person with an Auditory Disability, in violation of Title II of the ADA. Unless otherwise indicated, within thirty (30) days of the Effective Date, the LCSO agrees to implement fully the policies, practices and procedures set forth below.
21. Coverage of Involuntary Participation. Throughout this Agreement, terms such as "enjoyment," "benefit," or "seek" that in other contexts might imply the voluntary and willing participation of a Member of the Public in a public entity's programs, services, or activities, shall also refer to a Member of the Public's involuntary participation in the LCSO's programs, services, and activities, such as arrest or detention.
22. Statement of Policy. The LCSO agrees to adopt the attached Statement of Policy, Attachment B, and within thirty (30) days of the Effective Date, will distribute this Statement of Policy and the attached Guide for Law Enforcement Officers, Attachment C, to all LCSO employees.
23. Provision of Appropriate Auxiliary Aids and Services. The LCSO will ensure that appropriate auxiliary aids and services, including Qualified Interpreters, are made available to Persons with Auditory Disabilities when such aids and services are necessary to ensure effective communication, including during interactions in the field.
24. Primary Consideration. In determining what type of auxiliary aid or service is necessary to comply with the ADA and this Agreement, the LCSO agrees to give primary consideration to the expressed preference for a particular auxiliary aid or service by a Person with an Auditory Disability. "Primary consideration" means that Personnel will inquire as to the choice of auxiliary aid or service of the Person with an Auditory Disability and will honor the expressed choice unless the LCSO can demonstrate that another equally effective means of communicating is available. In determining whether a Person with an Auditory Disability needs a Qualified Interpreter, in all non-emergency situations, Personnel will use the American Sign Language pictogram for "sign language interpreter" substantially in the form attached hereto as Attachment A to inquire as to the Person with an Auditory Disability's preference to achieve effective communication.. The LCSO will issue such pictograms to all patrol officers and instruct that they keep them readily available for use during contacts with the public.
25. Reasonable Modification of Handcuffing Policies. Personnel will handcuff a Person with Auditory Disabilities in the front unless, considering the totality of the circumstances, Personnel have an articulable reason why handcuffing that person in the front would present an immediate safety risk to Personnel or Members of the Public. Instances where a Person with an Auditory Disability is not handcuffed in the front shall be tracked and reported as part of the Log of Interactions with Persons with Auditory Disabilities, paragraph 37.
26. Retaliation and Coercion. The LCSO will not discriminate against any Member of the Public because that person has opposed any act or practice made unlawful by Title II or this Agreement, or because the individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under Title II or this Agreement. The LCSO will not coerce, intimidate, threaten, or interfere with any Member of the Public in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any individual in the exercise or enjoyment of, any right granted or protected by Title II or this Agreement. See 28 C.F.R. § 35.134.
27. Grievance Procedures.
    1. Within thirty (30) days of the Effective Date, the LCSO will implement and publish the attached grievance procedures, Attachment D, or substantially similar procedures approved by the Department, providing for prompt and equitable resolution of complaints related to law enforcement and related programs, services, and activities alleging acts or omissions that would be prohibited by the ADA or this Agreement.
    2. For complaints or disagreements that arise during a Person with an Auditory Disability's arrest, intake, booking, or incarceration with the LCSO, the Person with an Auditory Disability, or the LCSO on behalf of the Person with an Auditory Disability, shall document, in writing, a statement of the Person with an Auditory Disability's grievance relating to effective communication. The LCSO shall provide a response in writing to this grievance that is also effectively communicated to that Person with an Auditory Disability prior to the Person with an Auditory Disability's release from custody, or within 48 hours, whichever is sooner.
    3. In the next revision of LCSO Policy No. 72870 after the Effective Date of this Agreement regarding Inmate Grievances, the policy shall be revised to read: The receiving staff member signs and records the date and time on the Inmate Greivance/Appeal form when he receives it and gives a copy to the inmate. Grievances relating to an inmate's ability to effectively communicate because the inmate is deaf/hard of hearing or requests for reasonable accommodations for other disabilities shall be routed to the ADA Coordinator. If the receiving staff member cannot answer the grievance, he forwards it, without delay, to the staff member at the lowest level in the chain of command who can answer the grievance.

       If LCSO substantially changes its Inmate Grievance policy and chooses not to incorporate the language above, any new Inmate Grievance policy regarding routing of disability-related inmate grievances, and the resolution of such grievances shall be subject to the Department's approval.

28. ADA Coordinator.
    1. Within forty five (45) days of the Effective Date, LCSO shall designate one LCSO employee as the ADA Coordinator, to serve as the primary point of contact for the LCSO's efforts to comply with and carry out its responsibilities under Title II of the ADA and this Agreement. The duties of the ADA Coordinator will include the investigation of any complaint communicated to the LCSO, and/or any processs initiated under the Grievance Procedures alleging its noncompliance with, or conduct prohibited by, Title II or this Agreement. The ADA Coordinator shall be the LCSO's primary point of contact for other issues arising under the ADA.
    2. The ADA Coordinator will report directly to the Sheriff.
    3. The LCSO shall provide the ADA Coordinator with sufficient authority and resources to perform the tasks required by this Agreement, including coordinating requests for accommodations, including auxiliary aids and services, from persons with disabilities. 28 C.F.R. § 35.107. The ADA Coordinator shall have the authority to make the final determination regarding actions and responses to inmate grievances concerning disability-related issues, subject to the approval of the Sheriff.
    4. The ADA Coordinator shall be responsible for meeting all the requirements for annual reporting to the Department under the paragraph entitled "Annual Reports—Compliance Review," below.
    5. The ADA Coordinator shall have experience, knowledge, or training relating to the legal rights of persons with disabilities, including but not limited tothe obligations of public entities under federal and state laws covering Persons with Auditory Disabilities.
    6. The LCSO shall publicize the name, office address, and telephone number of the ADA Coordinator in all areas open to the public, to all inmates, and make such information available upon request. This information shall be included in the inmate handbook provided to inmates upon admission to the custody of the LCSO ("Inmate Handbook") and on conspicuous posters of suitable size posted in locations in each facility where notices to inmates are normally posted. Further, such information shall be available in an accessible manner on the front page of LCSO's website. 28 C.F.R. § 35.107.
29. Fundamental Alteration. The LCSO is not required to take any action under this Agreement that it can demonstrate would result in a fundamental alteration in the nature of a law enforcement or law enforcement-related service, program, or activity, or in undue financial and administrative burdens to Larimer County. In those circumstances where Personnel believe a proposed action would fundamentally alter a service, program, or activity, or would result in undue financial and administrative burdens, the LCSO will have the burden of proving that providing the proposed accommodation or auxiliary aid or service would result in such alteration or burden. The decision that such action would result in such alteration or burdens must be made by the Sheriff or his designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with Title II or this Agreement would result in such an alteration or burden, the LCSO will take all appropriate steps necessary to ensure that communications with Persons with Auditory Disabilitiesare as effective as communications with others..
30. Provision of Qualified Interpreters.
    1. The LCSO will maintain working relationships with one or more Qualified Interpreter agencies to ensure that a Qualified Interpreter will be available on a priority basis, twenty-four (24) hours per day, and seven (7) days per week. The LCSO shall provide the Department with documentation that such interpreter services have been contacted, are available, and have access to Qualified Interpreters.
    2. For meetings or interactions with Members of the Public scheduled with advance notice where Personnel know that a Person with an Auditory Disability may be participating, LCSO shall arrange for a Qualified Interpreter to be present at the meeting. LCSO shall not schedule such meeting until such time that a Qualified Interpreter can be present, and LCSO shall postpone any such meeting where the Qualified Interpreter cancels or does not show up at the appointed time.
31. Video Remote Interpreting (VRI). VRI can provide immediate, effective access to interpreting services in a variety of situations including emergencies and unplanned incidents. When using VRI services, the LCSO shall ensure that it provides: (a) Realtime, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication; (b) A sharply delineated image that is large enough to display the Qualified Interpreter's face, arms, hands, and fingers, and the participating individual's face, arms, hands, and fingers, regardless of his or her body position; (c) A clear, audible transmission of voices; and (d) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI. 28 C.F.R. § 35.160(d).
32. Booking and Intake.
    1. Qualified Interpreters. As soon as LCSO Personnel learn that a Person with an Auditory Disability will arrive or has arrived at the Jail, whether pursuant to an arrest or a transfer from another jurisdiction or facility, Personnel will inquire through appropriate means (including the use of Attachment A) as to which auxiliary aids and services are needed for effective communication, including whether the Person with an Auditory Disability will need a Qualified Interpreter as an auxiliary aid or service under the circumstances, i.e., given the nature, length, context, complexity and importance of the anticipated communication, and the Person with an Auditory Disability's usual method of communication. LCSO shall give Primary Consideration to requests of the Person with an Auditory Disability. If the determination is made that a Qualified Interpreter will be provided, the Qualified Interpreter shall assist in the booking and intake process. Other processes generally requiring the provision of a Qualified Interpreter include medical screenings, taking criminal and personal histories, and obtaining or transmitting information for classification and housing assignments.
    2. Personnel shall follow the steps set forth in the form attached hereto as Attachment E to document their attempts to obtain the services of a Qualified Interpreter, and shall completely fill out Attachment E every time a request for a Qualified Interpreter is made. A copy of these forms shall be included in the annual compliance reports required in the paragraph below entitled "Annual Reports--Compliance Review."
    3. Delay in Booking and Intake Processes. If a Person with an Auditory Disability has requested a Qualified Interpreter or responded to LCSO's required inquiry as to whether he or she wants a Qualified Interpreter, any booking or intake processes that rely on communication must be delayed until a Qualified Interpreter is present. If no Qualified Interpreter can be found to provide services within three (3) hours of the initial attempt, Personnel shall make their best efforts to effectively communicate with the Person with an Auditory Disability, and shall obtain the services of a Qualified Interpreter no later than twelve (12) hours of initial booking.
    4. If a Person with an Auditory Disability expresses an urgent medical need that cannot wait for a Qualified Interpreter, or Personnel suspect there is an urgent medical need, Personnel should not delay providing whatever medical care or service would be provided to an inmate without disabilities under similar circumstances and should use the most effective available means of communicating with the Person with an Auditory Disability.
    5. Inmate Handbook. At the earliest reasonable time, the LCSO will effectively communicate the contents of the Inmate Handbook and similar publications to Persons with Auditory Disabilities. If appropriate for the Person with Auditory Disabilities, the LCSO may choose to meet this obligation by providing a video of a Qualified Interpreter signing the contents of the Inmate Handbook, along with appropriate technology for viewing, or by providing a Qualified Interpreter who will interpret the contents of the Inmate Handbook to Persons with Auditory Disabilities. At the request of a Person with an Auditory Disability, the LCSO will provide the Person with an Auditory Disability with the opportunity to meet with an LCSO staff member and a Qualified Interpreter to ask any questions regarding the Inmate Handbook and any other written materials that have been provided to the Person with an Auditory Disability.
    6. Notice in Inmate Handbook. The LCSO will revise its Inmate Handbook and all similar publications, including orientation materials, to include a statement to the following effect:

       To ensure effective communication with inmates and their visitors or companions who are deaf or hard of hearing, we provide appropriate auxiliary aids and services free of charge, such as: qualified sign language interpreters and oral transliterators, videophones, TTY's, notetakers, computer-assisted real time transcription services, written materials, telephone handset amplifiers, assistive listening devices and systems, telephones compatible with hearing aids, closed caption decoders or TVs with built-in captioning, and open and closed captioning of LCSO programs.

       Please ask a Larimer County Jail staff member for assistance.

33. Use of Other Members of the Public to Facilitate Communication.
    1. The LCSO shall not require a Person with an Auditory Disability to bring another Member of the Public to interpret for him or her.
    2. The LCSO shall not rely on an adult Member of the Public accompanying a Person with an Auditory Disability to interpret or facilitate communication except:
       1. in an Emergency Situation where there is no Qualified Interpreter available; or
       2. where the Person with an Auditory Disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances.
    3. The LCSO shall not rely on a minor child to interpret or facilitate communication, except in an Emergency Situation where there is no Qualified Interpreter available.
    4. Once the Emergency Situation has lifted, Personnel should revisit the decision of what auxiliary aids and services are appropriate and give Primary Consideration to those preferences.
34. Ongoing Need for Communication Assessments and Consultation. In addition to the initial communication assessment done at the time the need for auxiliary aids and services is first identified, Personnel will reassess whether communication remains effective regularly throughout the communication and will consult with the Person with an Auditory Disability on a continuing basis to assess what measures are required to ensure effective communication. Primary Consideration will be given to the Person with an Auditory Disability's preferred method of communication.
35. Qualified Interpreters for Jail Programs. The following non-exhaustive list provides examples of activities, services, programs or circumstances wherein it may be necessary to provide Qualified Interpreters to ensure effective communication with Persons with Auditory Disabilities in the Jail. Whether a Qualified Interpreter is required shall depend on the method of communication normally used by the inmate or detainee, the nature, length, context, complexity and importance of the communication to take place, and with Primary Consideration to be given to the expressed choice of the Person with an Auditory Disability. In the event a Qualified Interpreter is necessary to provide effective communication, then the activity, service or program may be delayed until the Qualified Interpreter is made available, or the Person with an Auditory Disability may elect to delay his or her participation in the program, activity or service until the Qualified Interpreter is available, excepting in situations or circumstances involving a medical emergency as described elsewhere in this Agreement or in the policies and procedures implemented in accordance herewith:
    1. Medical care and health programs such as physicals and medical screenings and treatment, dental, visual, and/or mental health examinations or treatment, and drug and alcohol recovery services;
    2. All Mental Health Unit case management services;
    3. Critical communication, complex information, lengthy exchanges, or anything involving legal processes;
    4. Educational classes and activities;
    5. Any hearings at the Jail in which the inmate or detainee is a participant and a Qualified Interpreter is not provided by the agency conducting the hearing;
    6. Hearings regarding internal Jail rule violations;
    7. Criminal investigations conducted at the correction facility in which the inmate or detainee is involved and a Qualified Interpreter is not provided by the agency conducting the investigation;
    8. Classification review interviews;
    9. Religious services;
    10. Non-criminal investigations conducted by Personnel;
    11. Inmate Worker Programs;
    12. Pre-release instructions.
36. Auxiliary Aid and Service Log. The LCSO will maintain a log in which requests for Qualified Interpreters on site or through video remote services will be documented. The log will indicate the time and date the request was made, the name of the inmate, companion, visitor or other member of the public who is deaf or hard of hearing, the nature of the auxiliary aid or service provided, and the time and date the appropriate auxiliary aid or service was provided. If no auxiliary aid or service was provided, the log shall contain a statement why the auxiliary aid and service was not provided. The log should include the identity of the LCSO Personnel who conducted the assessment and made the determination. A copy of this log shall be included in the annual compliance reports required in the paragraph below entitled "Annual Reports--Compliance Review."
37. Log of Interactions with Persons with Auditory Disabilities. The LCSO will maintain a log of all encounters with individuals who Personnel know or reasonably believe to be a Person with an Auditory Disability. This log will include interactions with any member of the public encountered in the course of LCSO programs, services, or activities, including but not limited to suspects, victims, witnesses, and family members, both in the field and at the Jail. This paragraph does not require Personnel to make affirmative inquiries to ascertain whether every individual that LCSO has contact with is a Person with an Auditory Disability. A copy of this log shall be included in the annual compliance reports required in the paragraph below entitled "Annual Reports-- Compliance Review."
38. Housing Assignments. Personnel will ensure that Persons with Auditory Disabilities are housed in the most integrated setting appropriate to the needs of the Person with an Auditory Disability. For example, unless it is appropriate to make an exception, Personnel will not place Persons with Auditory Disabilities in designated medical areas unless they are receiving medical care or treatment, or in facilities or parts of facilities that do not offer the same programs as the facilities or parts of facilities in which they would otherwise be housed.
39. Signs. Within ninety (90) days of the Effective Date, all facilities operated or occupied by the LCSO and in which Personnel are reasonably anticipated to engage with Members of the Public shall have conspicuously posted in public areas (including booking and intake areas) signs advising Persons with Auditory Disabilities of the availability of appropriate auxiliary aids and services, including Qualified Interpreters. The signs shall provide as follows:

    To ensure effective communication with individuals who are deaf or hard of hearing, the Sheriff's Office will provide free of charge auxiliary aids such as qualified sign language oral interpreters, TTYs, and volume controlled telephones. Please ask for assistance by contacting a deputy or the Sheriff's Office ADA Coordinator, [name and full contact information].

    The posted signs will include the International Symbol for Hearing Loss, the International Symbol for TTYs, and a symbol to indicate the availability of Qualified Interpreters:

40. Visual Alerts.
    1. Persons with Auditory Disabilities incarcerated at the Jail should not miss announcements, alarms, or any other auditory information from Personnel to the general inmate population solely because of their disability.
    2. The LCSO shall provide an effective visual notification system that will notify Persons with Auditory Disabilities of prison-wide events and events specific to inmates who are deaf or hard of hearing.
    3. The LCSO will provide Persons with Auditory Disabilities with an effective visual notification system which will advise them of an emergency evacuation or other emergency. LCSO Personnel shall be responsible for the evacuation of inmates who are deaf, during an emergency.
41. TTYs, Hearing-Aid Compatible Telephones, and Volume Control Telephones.

    Within ninety (90) days of the Effective Date, the LCSO agrees to provide, if it has not already done so, at least one device capable of TTY, one videophone, one hearing aid compatible telephone, and one volume control telephone for use by Personnel, one for Members of the Public at every facility which the LCSO operates and to which the public has access, and one for Persons with Auditory Disabilities.

    1. Where telephones are available to members of the public, TTYs, videophone, hearing aid compatible telephones, and volume control telephones will be made available upon request. Signage will be displayed at all public telephones areas indicating the availability of the TTY, the videophone, the hearing aid compatible telephone, and the volume control telephone, and the procedure for obtaining them.
    2. Where telephone calls are time-limited, the LCSO will provide Persons with Auditory Disabilities who use TTYs not less than three (3) times the normal length of time to make those calls due to the slower nature of TTY communications compared with voice communications.
    3. If a TTY, videophone, hearing aid compatible telephone, or volume control telephone is not available in the same location as telephones used by arrestees or detainees who are not deaf or hard of hearing, Persons with Auditory Disabilities who need to use a TTY, videophone, hearing aid compatible telephone, or volume control telephone will be allocated reasonable additional time to get to and from the location of the equipment, will be provided with the equipment in a timely manner, and they will be permitted to have the same frequency of telephone access as arrestees or detainees who are not deaf or hard of hearing.
42. Privacy of Communications. The LCSO will take reasonable measures to ensure that the privacy of telephone calls by Persons with Auditory Disabilities using a TTY, videophone, hearing aid compatible telephone, or volume control telephone is equal to that of telephone calls for arrestees or detainees who are not deaf or hard of hearing.
43. Telephone Emergency Services. The LCSO will continue to ensure its telephone emergency services, including 9-1-1 services, provide direct access to individuals who use TDDs and computer modems.
44. Hearing Aid and Cochlear Processor Batteries. The LCSO shall supply appropriate types of hearing aid and cochlear processor replacement batteries for distribution to Persons with Auditory Disabilities utilizing such hearing devices in the Jail at no cost to the inmate. Replacement batteries will be provided to those requesting them as soon as possible, but no later than forty-eight (48) hours after such request, including weekends and holidays. Nothing in this Agreement requires the LCSO to purchase or replace a hearing aid or cochlear implant processor for a Person with an Auditory Disability who does not already own such a device.
45. Repair of Hearing Aids and Other Such Personal Devices. The LCSO shall send Persons with Auditory Disabilities' hearing aids, cochlear processors, and other such devices to appropriate repair companies as soon as possible, but no later than twenty four (24) hours (excluding weekends and holidays) following a request for the repair of such device. The LCSO shall inform the Person with an Auditory Disability when the device was sent for repair and when it is expected to be returned by the repair company. The Person with an Auditory Disability will be provided with written documentation of all such repairs, including detailed information regarding the vendor used, the date of the repair, and the specific repairs performed. The cost of all repairs, including shipping costs, if any, shall be borne by the Person with an Auditory Disability unless the repairs are required due to Personnel's negligence or another inmate's actions.
46. Identification. The LCSO will take appropriate steps to ensure that all Personnel having contact with Persons with Auditory Disabilities are made aware of the individual's disability and his or her preferred auxiliary aids and services so that effective communication with the Person with an Auditory Disability will be achieved. A Person with an Auditory Disability's identity as someone needing appropriate auxiliary aids and services for effective communication will not be treated as confidential medical information.
47. Training.
    1. The LCSO will train all deputies who are employed by the LCSO on the effective date of this Agreement and all LCSO deputies who are hired during the terms of this agreement as to effective communication with Persons with Auditory Disabilities. Training of LCSO duties employed on the effective date of this Agreement will receive such training within six (6) months following the effective date. Newly hired deputies will receive such training within three (3) months following the date of hire. The training will be sufficiently detailed to enable Personnel to effectively implement all provisions of this Agreement, including the proper use of Attachment A, and all additional policies and procedures developed pursuant to this Agreement, and shall specifically address:
       1. Prohibitions against discrimination, coercion, intimidation, retaliation, or threatening behavior toward individuals who have complained or opposed any practice made unlawful by the ADA or this Agreement, or who have made or participated in any complaint or investigation under the ADA or this Agreement, or who may have requested, sought, or obtained the enforcement of any right, benefit, aid or service under or required by the ADA or this Agreement.
       2. "Emergency Situation," as defined by this Agreement, particularly with regard to those situations in which an individual or minor child accompanying an individual who is deaf or hard of hearing may be available to interpret or facilitate effective communication.
       3. The use of the forms and data-collection requirements contained in this Agreement.
    2. The LCSO will ensure that all new Personnel who are LCSO employees (other than Deputies) will receive the training as a component of pre-service training and orientation.
    3. The LCSO will maintain records of all training provided in accordance with this paragraph, which will include the names, signature, and respective job titles of the attendees, as well as the date and time of the training session. This documentation shall be included in the annual compliance reports required in the paragraph below entitled "Annual Reports—Compliance Review."

IMPLEMENTATION AND ENFORCEMENT

48. Annual Reports—Compliance Review. During the term of this Agreement the LCSO will report annually, by January 31st of each year, and at the end of the term of the Agreement, to the Department as to its compliance with this Agreement. This report shall include:
    1. All completed forms documenting requests for Qualified Interpreters (Paragraph 32(b));
    2. Auxiliary Aid and Service Log (Paragraph 36);
    3. Log of Interactions with Persons with Auditory Disabilites (Paragraph 37);
    4. Training log (Paragraph 47(c));
    5. A list of Persons with Auditory Disabilities who submitted a grievance, the date of the grievance and a brief summary of the nature of the grievance and how it was resolved.
49. The annual report shall be forwarded by regular or electronic mail to the address listed in paragraph 60, or to the designated Department employee handling this matter. Page 15 of 23
50. Notification of Noncompliance and Enforcement. The Department may review compliance with this Agreement at any time and can enforce this Agreement if the Department believes that it or any requirement thereof has been violated by instituting a civil action in the U.S. District Court. If the Department believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with the LCSO, and the parties will attempt to resolve the concern(s) in good faith. The Department will allow the LCSO at least thirty (30) days from the date it notifies the LCSO of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of this Agreement.
51. Lack of Waiver. A failure by any signatory party to enforce any provision or deadline of this Agreement will not be construed as a waiver of their right to enforce such provisions or deadlines of this Agreement.
52. Term of Agreement. This Agreement will remain in effect for 30 months from the Effective Date.
53. Voluntary Agreement. Each Party and signatory to this Agreement represents that it freely and voluntarily enters into this Agreement without any degree of duress or compulsion.
54. Successors. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs, and legal representatives thereof. The LCSO has a duty to so inform any such successor in interest of this Agreement.
55. Signatories Bind Parties. The persons signing for each Party represent that they are authorized to bind their respective Parties to this Agreement.
56. Public Document. A copy of this Agreement and all related attachments may be made available to any person upon request, and the Department may disclose this Agreement and information about this Agreement to the public.
57. Parameters of Agreement. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal or state law not specifically referenced herein. This Agreement does not affect the LCSO's continuing responsibility to comply with all aspects of the ADA.
58. Severability. If any term of this Agreement is determined by any court of competent jurisdiction to be unenforceable, the other terms 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, they shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the Parties' rights and obligations as closely as possible to those initially agreed upon.
59. Prior Drafts and Communications. The Parties agree that prior drafts of this Agreement, along with prior contemporaneous communications between them leading or pertaining to the crafting and finalization of this Agreement, whether oral, written, or electronic, are and shall remain subject to Settlement Privilege pursuant to Rule 408, Federal Rules of Evidence. Where such documents may be subject to a Freedom of Information Act request to the Department, the Department will assert all appropriate exemptions.
60. Communications to the Parties. Any notifications or communications required or permitted to be given to any Party under this Agreement shall be given in writing by depositing into U.S. Mail, addressed as follows, and by e-mail, if provided: To the Department of Justice:
    Zeyen J. Wu
    Assistant U.S. Attorney
    1801 California Street, Suite 1600
    Denver, Colorado 80202
    (303) 454-0238
    Zeyen.Wu@usdoj.gov
    To the LCSO:
    Jeannine S. Haag
    224 Canyon Avenue, Suite 200
    P.O. Box 1606
    Fort Collins, Colorado 80522
    (970) 498-7450
    haagjs@co.larimer.co.us
    Denver. Colorado 80202
    Telephone: (303) 454-0100
    Facsimile: (303) 454-0400
    E-mail : Zeyen.Wu@usdoj.gov
    Fort Collins. Colorado 80522