SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE COUNTY OF MUSKEGON, MICHIGAN UNDER THE AMERICANS WITH DISABILITIES ACT
DJ # 204-38-130

1. BACKGROUND
1. The parties to this Settlement Agreement (Agreement) are the United States of America and the County of Muskegon, Michigan, which operates the Muskegon Area Transit System (MATS), Muskegon County’s public transit system.
2. This matter is based upon a complaint filed with the United States Department of Justice (the Department), which alleged that MATS, through the operation of “GoBus,” its combined demand responsive and ADA complementary paratransit service, discriminated against the Complainant on the basis of a disability in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131 et. seq. (the Complaint).  The Complaint alleged that MATS discriminated against “qualified individual[s] with a disability” within the meaning of the ADA, 42 U.S.C. §§ 12131 and 12102(2)(A), 49 C.F.R. § 37.3, and 28 C.F.R. § 35.104, by excluding them from participation in or denying them the benefits of the County’s program, service or activity, specifically the public transportation system, and subjecting them to discrimination in violation of Title II of the ADA, 42 U.S.C. § 12132, and the  implementing regulations at 28 C.F.R. Part 35 and 49 C.F.R. Part 37.  Specifically, Complainant alleged that the MATS GoBus program failed to comply with the response time service criteria for complementary paratransit.  49 C.F.R. § 37.131(b).
3. MATS’ position is that it did not violate the Complainant’s rights or Title II of the ADA or its implementing regulation.  MATS’ willingness to enter into this Settlement Agreement is not to be construed as an admission of wrongdoing or liability, which it expressly denies.
4. The parties have reached an agreement that it is in the parties’ best interests, and the United States believes that it is in the public interest, to resolve this dispute.  The parties have therefore voluntarily entered into this Agreement as follows:
2. TITLE II COVERAGE AND DEPARTMENT DETERMINATIONS
5. The Attorney General of the United States is authorized to enforce Title II of the ADA, 42 U.S.C. § 12133.  The Department is authorized to investigate the allegations in this matter pursuant to 42 U.S.C. § 12133 and 28 C.F.R. §§ 35.171 and 35.190(e).
6. MATS is the primary provider of public fixed route transportation in Muskegon County, Michigan, and is a “public entity” within the meaning of the ADA, 42 U.S.C. § 12131(1), 28 C.F.R. § 35.104, and 49 C.F.R. § 37.3, and is, therefore, subject to Title II of the ADA, 42 U.S.C. § 12131 et seq., and its implementing regulations, 49 C.F.R. Part 37 and 28 C.F.R. Part 35.
7. Under the ADA, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.  42 U.S.C. § 12132.
8. Each public entity operating a fixed route system shall provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system.  42 U.S.C. § 12143; 49 C.F.R. § 37.121(a).  To be deemed comparable to fixed route service, a complementary paratransit system shall meet the requirements for eligibility standards, eligibility process, visitor service, type of service, service criteria, and subscription service found at 49 CFR §§ 37.123-37.133.  42 U.S.C. § 12143; 49 C.F.R. § 37.121(b).
9. The Department’s review of the MATS GoBus program included interviews of ADA paratransit eligible persons, ADA paratransit certified persons, MATS officials, MATS employees, and others with knowledge of the allegations.  The United States also reviewed documents provided by MATS, including MATS policies and procedures, training materials related to ADA compliance, GoBus complaints, and GoBus performance metrics.
10. The Complaint alleged that MATS failed to schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day.  49 C.F.R. § 37.131(b).  The Department substantiated the Complaint.  The Department’s interviews revealed that ADA paratransit eligible persons were negatively impacted by this and other capacity constraints of the GoBus program.  One ADA paratransit eligible person reported using GoBus for her daily commute to work, but not for other trips because of its unreliability.  Another ADA paratransit eligible person reported that he does not use GoBus for his daily commute to work because of its unreliability; he relies on his family for his transportation needs.
11. Based on the Department’s investigation of the GoBus program, the United States identified issues with MATS’ noncompliance with the ADA’s non-discrimination requirements, including:
1. MATS did not make its ADA-certification application (“ADA Application”) publicly available on its website, did not share its ADA Application externally, and restricted local independent living organizations’ reproduction and distribution of its ADA Application.  As a result, there were only six ADA-certified GoBus riders at the time of the investigation.  These practices “significantly limit[ed] the availability of service to ADA paratransit eligible persons” in violation of 49 C.F.R. § 37.131(f)(3).  See Americans with Disabilities Act (ADA): Guidance, Federal Transit Administration Circular 4710.1, Chapter 8.5.6 (November 4, 2015).
2. MATS failed to schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day, in violation of 49 C.F.R. § 37.131(b).
3. MATS routinely sent callers attempting to make a reservation to a voicemail service, which inhibited callers from making reservations.  Thus, MATS failed to make its reservation service available during at least all normal business hours of its administrative offices, as well as during times, comparable to normal business hours, on a day when its offices are not open before a service day, in violation of 49 C.F.R. § 37.131(b)(1).
4. MATS’ GoBus program had capacity constraints that significantly limited the availability of service to ADA paratransit eligible persons, including a substantial number of trip denials, in violation of 49 C.F.R. § 37.131(f)(3). 
5. MATS failed to train personnel to proficiency so that they operated vehicles and equipment safely and properly assisted and treated individuals with disabilities who use the service in a respectful and courteous way, in violation of 49 C.F.R. § 37.173.
6. MATS failed to create an ongoing mechanism for the participation of individuals with disabilities in the continued development and assessment of services to persons with disabilities, in violation of 49 C.F.R. § 37.137(c).
3. MATS PROGRAM REVISIONS
12. The MATS GoBus program, which offered demand-responsive services county-wide to seniors (individuals age 65 and over) and persons with disabilities, pre-dated the passage of the ADA.  When the ADA was passed, MATS decided to integrate its ADA complementary paratransit service into its pre-existing GoBus program instead of creating a separate program.  At the time, MATS believed that the GoBus program could operate effectively with the dual purpose of providing county-wide demand-responsive service for the elderly and satisfying MATS’ obligation under the ADA to provide complementary paratransit service to persons with disabilities.  Over time, the drawbacks of the decision to operate a dual purpose GoBus program became more and more difficult to manage.
13. After the Department initiated its investigation, MATS explored various plans to separate its ADA complementary paratransit service from the broader GoBus program.  With completion of a route study and comprehensive operational analysis in February 2020, a program change was finalized and recommended to the County Board of Commissioners for consideration.  In July 2020, a plan was approved for implementation of MATS system changes.  Effective September 28, 2020, MATS discontinued its GoBus program and replaced it with a dedicated single purpose ADA complementary paratransit service (CP Service).
14. MATS has already taken steps to address the findings of the Department’s investigation, the results of which will be tracked and reported as required by this Agreement.
4. DEFINITIONS
15. The parties agree and stipulate that for the purposes of this Agreement, certain terms shall be defined as follows :
1. “ADA service area” shall mean all origins and destinations within corridors with a width of three-fourths of a mile on each side or end of each fixed route operated by MATS as defined in 49 C.F.R. § 37.131(a)(1)(i), and origins and destinations within the core service area as defined in 49 C.F.R. § 37.131(a)(1)(iv).
2. “Appointment time” shall mean the communicated time at which the ADA paratransit certified person has a scheduled obligation at their destination, such as a medical appointment or the start of work.
3. “Dispatch” or “dispatcher” shall mean the individual(s) responsible for communicating with all CP Service vehicle operators.
4. “Excessively long trip” shall mean any CP Service trip where the time from pickup to drop-off is longer than the transportation time would be from origin to destination if traveled using the fixed route system (including walking time to the stop/station from the origin address, waiting time, in-vehicle time, transfer times, and walking time from the final stop/station to the destination address).
5. “Fixed route system” and “fixed route” means a system of transporting individuals (other than by aircraft), on which a vehicle is operated along a prescribed route according to a fixed schedule, as defined in 49 C.F.R. § 37.3.
6.  “Vehicle operator,” and “operator” shall mean the MATS employee who drives and operates the CP Service vehicle.
7. “Late pickup” or “untimely pickup” shall mean when a CP Service vehicle arrives after the on-time pickup window and the ADA paratransit certified person is transported to their destination.
8. “Missed trip” shall mean when a trip is requested and scheduled, yet does not take place due to MATS; a missed trip may occur when (1) a CP Service vehicle arrives and leaves before the beginning of the on-time pickup window without picking up the ADA paratransit certified rider and without any indication from the rider that the rider no longer wants to make the trip; (2) the CP Service vehicle does not wait five (5) minutes within the on-time pickup window, there is no contact with the rider, and the CP Service vehicle departs without the rider; (3) the CP Service vehicle arrives after the end of the on-time pickup window and departs without picking up the rider; or (4) the CP Service vehicle does not arrive at the pickup location.
9. “Negotiate a pickup time” and “negotiation window” shall refer to MATS’ right to negotiate a scheduled pickup time within sixty (60) minutes of the requested pickup time.  MATS must take into consideration the needs of the ADA paratransit certified rider and attempt to schedule a pickup time that is responsive to the rider’s constraints, while balancing scheduling efficiencies.
10. “On-time pickup window” shall mean the fifteen (15) minute period starting with the scheduled pickup time.
11. “Paratransit certified” persons or individuals shall mean those individuals who meet the definition described at 49 C.F.R. § 37.123(e) and are certified pursuant to the ADA paratransit eligibility process in 49 C.F.R. § 37.125.
12. “Paratransit eligible” persons or individuals shall mean those individuals who meet the definition described at 49 C.F.R. § 37.123(e).
13. “Requested pickup time” shall mean the original time that the ADA paratransit certified person requests to be picked up to commence their trip.
14. “Rider no-show” shall mean when a CP Service vehicle arrives within the on-time pickup window and the ADA paratransit certified rider cannot be found after the CP Service vehicle waits for five (5) minutes, or declines to board the vehicle, provided that no sanction for a pattern or practice of rider no-shows will penalize a rider for legitimate circumstances beyond their control.
15. “Scheduled pickup time” shall mean the agreed upon time between MATS and the ADA paratransit certified person that the person will be picked up to commence their trip.
16.  “Trip denial” shall mean when an ADA paratransit certified person calls MATS during reservation hours, requests a pickup time for a trip during service hours at least the next day, and at most fourteen (14) days in advance, and the ADA paratransit certified person is either offered a pickup time more than one (1) hour earlier or later than the requested pickup time or is offered no pickup time at all.

IV.  SETTLEMENT TERMS

General Obligations

16. MATS, in the operation of its CP Service, shall comply with Title II of the ADA, 42 U.S.C. §§ 12131 et seq., and the implementing regulations at 28 C.F.R. Part 35 and 49 C.F.R. Part 37.  That requirement includes, but is not limited to, implementing the required service criteria, including to address capacity constraints, and take other related steps:
1. MATS shall not limit the availability of its CP Service to ADA paratransit eligible or paratransit certified persons by any of the following operational patterns or practices: restricting distribution of ADA Applications, substantial numbers of significantly untimely pickups for initial or return trips, substantial numbers of trip denials or missed trips, or substantial numbers of excessively long trips.   49 C.F.R. § 37.131(f); 49 C.F.R. § 37.131(f)(3)(i)(A)-(C).
2. MATS shall comply with the appropriate response time requirements by scheduling and providing paratransit service to any ADA paratransit certified person at any requested time on a particular day in response to a request for service made the previous day, subject to Paragraph 15(c).  49 C.F.R. § 37.131(b).
3. MATS is permitted to negotiate pick up times with individuals but shall not require an ADA paratransit certified person to schedule a trip to begin more than one hour before or after the individual's desired departure time.  49 C.F.R. § 37.131(b)(2).
4. MATS shall ensure that its paratransit personnel are trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities.  49 C.F.R. § 37.173.
5. MATS shall make reasonable modifications to its policies, practices, or procedures as necessary to avoid discrimination on the basis of disability, to provide program accessibility to its services, and to meet its obligations under 49 C.F.R. Part 37.  49 C.F.R. § 37.5(i)(3); 49 C.F.R. § 37.169.
6. MATS shall create an ongoing mechanism for the participation of individuals with disabilities in the continued development and assessment of its services to persons with disabilities.  49 C.F.R. § 37.137(c).
7. MATS shall not retaliate against or coerce in any way any person who is trying to exercise his or her rights under Title II.

CP Service

17. Within ninety (90) days of the effective date of this Agreement, MATS shall implement a phone system process designed to ensure that all calls received on the dedicated CP Service phone line during normal business hours of MATS’ administrative offices are answered by a MATS representative.
18. For rides requested by ADA paratransit certified persons within the ADA service area:
1. If a requested pickup time is unavailable, the Customer Care Representative may not negotiate a pickup time that is more than sixty (60) minutes before or after the requested pickup time.
2. MATS shall ensure that every request to schedule a trip and MATS’ response to such requests, are recorded. The record shall include whether a pickup time was offered within the negotiation window, whether a pickup time was scheduled within the negotiation window, and whether the trip was a denial (including trips scheduled outside the negotiation window and trips refused by the rider because the only available pickup time was outside the negotiation window).
19. For rides scheduled by ADA paratransit certified persons within the ADA service area:
1. When a CP Service vehicle arrives to pick up a rider earlier than the on-time pickup window, the vehicle operator shall contact the dispatcher. The dispatcher may contact and notify the rider, but will also advise the rider that he or she is not required to board before the on-time pickup window.
2. A vehicle operator shall wait at least five (5) minutes within the on-time pickup window before departing. If a rider is not present when the operator arrives, the operator will call the dispatcher, who will attempt to contact the rider. If, following attempts to contact the rider and the passage of at least five (5) minutes within the on-time pickup window, the rider still fails to board, this will be counted as a rider no-show. If the CP Service vehicle arrives after the on-time pickup window, and the passenger takes the trip, this will be counted as a late pickup. If the CP Service vehicle fails to arrive, or arrives after the on-time pickup window and the passenger cannot be found or declines the trip, this will be counted as a missed trip.
3. In all circumstances where attempts to contact the rider are unsuccessful, the vehicle operator will await authorization from the dispatcher before leaving the location. The dispatcher shall log the date, time, location, rider name, and vehicle operator information in a "Rider No-Show/Missed Trip" log.

Paratransit Performance Standards

20. Within thirty (30) days of the effective date of this Agreement, MATS shall propose to the United States paratransit performance standards to meet its obligations under 49 C.F.R. § 37.131(f), including trip denials, timeliness of pickups and drop-offs, trip length, and missed trips.  Once the United States approves these performance standards, approval of which will not be unduly withheld, MATS will measure the progress of its CP Service with each of the agreed upon standards.

ADA Coordinator

21. The Transit Systems Manager will be responsible for implementing and administering MATS’ obligations under this Agreement and will be responsible for MATS’ overall compliance with Title II of the ADA, including in both its fixed route and CP Service.
22. The Transit Systems Manager shall designate an ADA Coordinator to carry out the day-to-day responsibility for compliance with Title II of the ADA and the provisions in this Agreement. 49 C.F.R. § 27.13; 49 C.F.R. § 37.17.  The ADA Coordinator shall be a full time MATS employee, experienced in paratransit systems, and be knowledgeable or receive training on MATS’ obligations under Title II of the ADA as they relate to public transportation.
23. The ADA Coordinator shall participate in reviewing and revising any of MATS’ policies relating to the ADA and riders with disabilities and the curriculum for employee training regarding ADA obligations and riders with disabilities.
24.  The ADA Coordinator shall be responsible for handling all complaints from ADA paratransit certified persons and ADA paratransit eligible persons including ensuring that disability-related problems and complaints reported to MATS are addressed.
25. The ADA Coordinator will serve as the MATS’ primary contact on accessible transportation issues for the public. The name, address, and telephone number of the ADA Coordinator shall be posted prominently on the MATS website.

Training

26. MATS shall provide training for all current and newly hired vehicle operators. This training shall include the requirements under Title II of the ADA; hands-on training on the operations of wheelchair lifts and wheelchair securement systems; and appropriate conduct toward individuals with disabilities. MATS shall provide annual refresher training for all vehicle operators.
27. MATS shall provide training for all current and newly hired Customer Care Representatives. Customer Care Representatives shall be trained in all trip reservation and record keeping requirements as outlined in Paragraphs 18-19 above, as well as complaint procedure handling outlined in Paragraphs 28-31 below. MATS shall provide annual refresher training for all Customer Care Representatives.

Complaint Procedure

28. Within ninety (90) days of the effective date of this Agreement, MATS shall develop a print and electronic form designed to record the information for each CP Service rider or ADA paratransit eligible person complaint and a method of tracking progress and the resolution of the complaint. The form shall include the name of the complainant, the date of the incident, the vehicle number, the location (e.g., address or closest intersection), and the nature of the complaint.
29. Within ninety (90) days of the effective date of this Agreement, MATS shall make its complaint form available on the MATS website to allow electronic filing of complaints.
30. All complaints shall be entered into a customer complaint database.  All alleged violations of the ADA shall be identified in the database.
31. On a routine basis, the ADA Coordinator shall retrieve the ADA complaints from the customer complaint database. The ADA Coordinator shall investigate and ensure that all complaints are resolved. The complaint investigation may include interviewing relevant persons, such as vehicle operators, Customer Care Representatives, and the complainant, and reviewing relevant records. The ADA Coordinator shall send the complainant a written response within two (2) weeks of receipt of the complaint advising him or her of the status of the complaint. The ADA Coordinator shall record in the rider complaint database the resolution of each ADA-related complaint. The ADA Coordinator shall evaluate whether the complaints indicate systemic ADA-related problems or trends and report them to the Transit Systems Manager.  MATS shall implement changes necessary in order to remedy such problems or trends.

Public Outreach

32. Within ninety (90) days of the effective date of this Agreement, MATS shall draft a CP Service Rider’s Guide consistent with the provisions of this Agreement, and submit a draft of the Guide for approval of the United States, which the United States will not unreasonably withhold.  Within 30 days of approval by the United States, MATS shall post the Guide on the MATS website linked from http://matsbus.com, make print copies of the Guide publicly available at MATS facilities, and provide copies of the Guide by mail or email upon request.  MATS shall ensure that the Guide is provided by mail or email to each CP Service rider.  MATS shall ensure that the materials are available in accessible formats.
33. Within ninety (90) days of the effective date of this Agreement, MATS shall update its website to explain the CP Service more fully, including but not limited to: its service area and hours, eligibility criteria, how to make reservations, fare structure, how to apply for ADA-certification, availability for visitors with disabilities, how to submit compliments or complaints, policies and procedures, and CP Service rules.  MATS shall make its ADA Application available on its website.

MATS Accessibility Committee

34. Within sixty (60) days of the effective date of this Agreement, in line with 49 C.F.R. §  37.137(c),  MATS shall establish a MATS Accessibility Committee to serve as a mechanism for MATS management to receive ongoing input from riders with disabilities and representatives of riders with disabilities regarding MATS’ compliance with the ADA.  The MATS Accessibility Committee will be convened regularly and chaired by the MATS ADA Coordinator who will be a non-voting member.

Data Maintenance and Reporting Requirements

35. MATS shall maintain the following electronic data and records
1. ADA Applications.  Copies of each ADA Application received by MATS and its corresponding final determination letter.
2. Paratransit Telephone Access. By month: (1) the number of telephone calls received by the MATS CP Service reservation line; (2) the number of calls answered by MATS; (3) the amount of time it took for MATS to answer each call; and (4) the number of calls, if any, transferred to voicemail.
3. ADA Paratransit Ridership. By month, for rides within the ADA Service Area by ADA paratransit certified persons, the number of: (1) trips requested; (2) trips scheduled; (3) trips denied; (4) trips cancelled; (5) trips provided; (6) rider no-shows; and (7) MATS missed trips and (8) for each trip denied or missed by MATS, the name of the rider affected.
4. Paratransit On-Time Performance. By month, for rides within the ADA Service Area by ADA paratransit certified persons, the number of: (1) early pickups; (2) on-time pickups; (3) late pickups; (4) on-time drop-offs (where an appointment time is known); and (5) late drop-offs (where an appointment time is known). For each late pickup or drop-off record: (6) the number of minutes late for each late pickup or drop-off and (7) the name of the individuals for whom their pickup or drop-off was late.
5. Paratransit Ride Time. By month, for rides within the ADA Service Area by ADA paratransit certified persons, the number of trips exceeding thirty (30) minutes in travel time that are also determined upon review to be excessively long trips, and for each such excessively long trip: (1) the length of the on-board ride time; (2) the length of the comparable fixed route ride time; (3) the number of minutes by which the excessively long trip exceeded the threshold for excessively long; and (4) the name of the rider subjected to the excessively long trip.
6. Complaints. For each complaint made by CP Service riders or ADA paratransit eligible persons regarding the CP Service: (1) the name of the complainant; (2) the date of the incident; (3) the location of the incident; (4) the nature of the complaint; (5) the bus number; and (6) the outcome and whether any MATS personnel was disciplined.
7. Training. The dates, subject matter, number of hours, names of instructors and identity and job title of each employee attending.
8. MATS Accessibility Committee Meeting Materials.  For each meeting: (1) the agenda; (2) meeting minutes; and (3) any other materials presented, prepared, or used at the meeting.
36. Within ninety (90) days of the effective date of this Agreement, MATS will submit the data and records identified in Paragraph 35 in an electronic format, to be identified, to the United States.  Thereafter, for the term of this Agreement, MATS will make the data and records identified in Paragraph 35 available to the United States upon request.
37. Initial Regular Report:  Six (6) months following the effective date of this Agreement, MATS shall provide the United States with a written report setting forth progress implementing the terms of this Agreement, including its compliance with the performance standards adopted pursuant to Paragraph 20.  Along with the written report, MATS shall provide the United States with the following:
1. data summaries indicating achievement toward compliance with the performance standards adopted pursuant to Paragraph 20;
2. the "Rider No-Show/Missed Trip" log referenced in Paragraph19.c;
3. the name of the ADA Coordinator referenced in Paragraph 22;
4. any materials used during the training referenced in Paragraphs 26 and 27;
5. the complaint form or template referenced in Paragraph 28;
6. the CP Service Rider’s Guide referenced in Paragraph 32.
38. Subsequent Regular Report: For the term of this Agreement, on a semi-annual basis following the due date of the Initial Regular Report, MATS shall provide the United States with a Subsequent Regular Report regarding its compliance with this Agreement, including its compliance with the performance standards adopted pursuant to Paragraph 20 and a description of any modifications in the operation of the CP Service.
5. OTHER PROVISIONS
39. In consideration for this Agreement, the United States shall close its investigation of DJ # 204-38-130 and shall not institute a civil action at this time alleging discrimination by MATS based on the findings set forth in Paragraph 11.  The United States may review MATS’ compliance with this Agreement and/or Title II of the ADA at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with MATS and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issue within thirty (30) days of the date the United States provides notice to MATS, the United States may institute a civil action in an appropriate Federal District Court to enforce this Agreement or the ADA.
40. Failure by the United States to enforce any provision of this Agreement is not a waiver of its right to enforce any provision of this Agreement.
41. 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 MATS shall engage in good faith negotiations to adopt mutually agreeable 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.
42. This Agreement is binding on MATS, including all principals, agents, executors, administrators, representatives, employees, and beneficiaries.
43. The signatory for MATS represents that they are authorized to bind MATS to this Agreement.
44. This Agreement constitutes the entire agreement between the United States and MATS on the matters raised herein, and no prior or contemporaneous statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including any attachments, is enforceable.  This Agreement can only be modified by mutual written agreement of the parties.
45. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in Paragraphs 10 and 11 of this Agreement, including any other claims for discrimination on the basis of disability.  Nothing in this Agreement relieves MATS of its obligation to fully comply with the requirements of the ADA.
6. EFFECTIVE DATE/TERMINATION DATE
46. The effective date of this Agreement is the date of the last signature below.
47. The duration of this Agreement will be three (3) years from the effective date.
48. Notwithstanding Paragraph 47, this Agreement will terminate earlier than 36 months if the United States determines that MATS has demonstrated durable compliance with Title II of the ADA with respect to the violations outlined in this Agreement.
49. Notwithstanding Paragraph 47, if the United States determines that MATS has demonstrated durable compliance with a part of the Agreement and that part is sufficiently severable from the other requirements of the Agreement, the Parties may terminate that part of the Agreement. In determining whether MATS has demonstrated durable compliance with a part of the Agreement, the United States may assess collectively all the requirements of the Agreement to determine whether the intended outcome of the part has been achieved.

By their signatures below, the Parties consent to the execution of all aspects of this Agreement.