SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF SIERRA VISTA, ARIZONA

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-8-195

BACKGROUND

SCOPE OF INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of the City of Sierra Vista, Arizona (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.

The review was conducted by the United States Department of Justice, United States Attorney’s Office, District of Arizona, and focused on the City’s compliance with the following title II requirements:

As part of its compliance review, the Department reviewed the following facilities, which must comply with the ADA’s new construction or alteration requirements because construction or alterations commenced after January 26, 1992:

New Construction:

Oscar Yrun Community Center
Police Department
City Library
Fire Station Number 262
Len Roberts Park
The Cove Aquatic Center
Bird Viewing/Environmental Operations Park
Pete Castro Building
Gateway Park
Purple Heart Park
Soldier Creek Park
Tomkins Park
Veterans Memorial Park
Domingo Paiz/Stone Sports Complex

Alterations

City Hall Building
Ethel Burger Community Center
Fire Station Number 261

The Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities:

Town and Country Elementary School-After School Program
Village Meadows Elementary School-After School Program
Apache Middle School-After School Program
Bella Vista Elementary School-After School Program
Huachuca Mountain Elementary School-After School Program
Pueblo Del Sol Elementary School-After School Program
Buena High School/ Performing Arts Center

The Department conducted a program access review of the following polling places:

Trinity Lutheran Church
Sierra Vista Public Library
First Baptist Church
United Methodist Church
Church of the Nazarene

This review was limited to areas of the facilities used by the voting public: parking, the route from the parking area, and area used for voting.

The Department reviewed the City’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether people 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 Sierra Vista, Arizona.
  5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.
  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.”

    7. ACTIONS TAKEN BY CITY

  7. The City has a designated ADA Coordinator and has adopted an ADA grievance procedure for persons with disabilities to bring issues to the attention of the ADA Coordinator or his or her alternate and to appeal decisions to the Disabled and Handicapped Advisory Committee.
  8. The City conducted a self-evaluation of its policies, programs, and services. Based on the findings of that self-evaluation, the City implemented a transition plan. Prior to writing the plan, City staff members and managers attended ADA training courses. Based upon the self-evaluation, the City began removing architectural barriers to make facilities accessible to individuals with mobility impairments. Rehabilitation Engineering from the Arizona Department of Economic Security, the Eastern Paralyzed Veterans Association, and the City’s Commission on Disability Issues assisted in the self-evaluation.
  9. Prior to the execution of this Agreement, the City evaluated and corrected the barriers to access identified in Attachments G and H of this Agreement.

    10. REMEDIAL ACTION

    GRIEVANCE PROCEDURE

  10. The City has adopted the attached ADA Grievance Procedure (Attachment A), distributed it to all agency heads, and posted 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.

    11. GENERAL EFFECTIVE COMMUNICATION PROVISIONS

  11. The City will take steps to ensure that all appropriate employees are trained and practiced in using the Arizona Relay Service to make and receive telephone calls.

    12. LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

  12. Within six months of the effective date of this Agreement, the City will adapt for its own use and implement the City of Sierra Vista Police Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing (Attachment B) 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 C).
  13. Within 15 months of the effective date of this Agreement, the City will ensure that each police station or substation and each detention facility housing City inmates 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 time to make those calls, due to the slower nature of TTY communications compared with voice communications.

    14. POLLING PLACES

  14. Some of the City’s polling places may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, would be subject to the obligation to provide program access or to remove barriers to accessibility under the ADA. This Agreement does not limit future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.
  15. Before designating any site as a new polling place, the City will survey the site using the survey instrument that appears as Attachment D to determine whether the site contains barriers to access by persons with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, or voting area. The City will not designate any such site as a polling place until all such barriers have been removed.
  16. Barriers to access at polling places not owned by the City that were surveyed by the Department are identified in Attachment E. 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 polling places listed in Attachment E remove the identified barriers to access by persons with disabilities within one year of the effective date of this Agreement. The City will provide a copy of the Department’s ADA Checklist for Polling Places (www.ada.gov/votingck.htm) with the written request. The City will simultaneously send a courtesy copy of the request to the Department.
  17. Within 15 months of the effective date of this Agreement, the City will survey all facilities listed in Attachment E to determine whether the barriers identified have been removed and to determine whether there are any barriers to access in the interior portions of those facilities used for polling (e.g., interior route to the voting area and voting area) that were not open for the Department to survey. For each polling place that still contains inaccessible parking, interior route to the voting area, or voting area, the City will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification of alternate accessible locations will utilize the survey instrument that appears as Attachment D to this Agreement. The City will then take immediate steps to change each inaccessible polling place to a new accessible location. Under this provision of the Agreement, the City will ensure that barriers at each polling place identified in Attachment E are either removed or a substitute accessible polling place is in operation before the next election occurring more than 18 months after the effective date of this Agreement.
  18. Within 12 months of the effective date of this Agreement, using the survey instrument that appears as Attachment D, the City will survey all polling places not surveyed by the Department to identify barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, and voting area. Within 18 months of the effective date of this Agreement, for each such polling place, the City will either (1) ensure that all barriers to access by people with disabilities have been removed; or (2) identify an alternate polling place with no barriers to access by people with disabilities. That identification of alternate accessible polling places will utilize the survey instrument that appears as Attachment D to this Agreement. The City will then take immediate steps to change each inaccessible polling place to a new accessible location. Under this provision of the Agreement, the City will ensure that barriers at each polling place the Department did not survey are either removed or an alternate accessible polling place is in operation before the next election occurring more than 18 months after the effective date of this Agreement.
  19. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, interior routes to the voting area, and voting area, prior to each election, the City will identify and widely publicize to the public and to persons with disabilities and organizations serving them the most accessible polling place(s) for each precinct or voting district.
  20. Within 12 months of the effective date of this Agreement, the City will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route to entrance, entrance, interior route to the voting area, and voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, allowing individuals with disabilities to vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), providing curbside voting at the inaccessible polling place, or any other method that ensures that voters with disabilities have the same information available to them when casting their ballots as others. If curbside assistance is provided and a polling place official is not stationed outside to provide assistance to persons with disabilities in curbside voting, it must include a reliable, effective mechanism by which individuals with disabilities can summon election officials to provide curbside assistance without leaving their vehicles and ensure prompt response and assistance with curbside voting from polling officials.
  21. Within six months of the effective date of this Agreement, the City will survey its voter registration locations for accessibility to persons with disabilities by using the survey instrument that appears as Attachment D and will report the results of this survey to the Department. If barriers to access are identified, the City will implement and report to the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.
  22. Within 15 months of the effective date of this Agreement, the City will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and accessible electronic format (e.g., HTML).
  23. Within the month prior to the next election that utilizes the City’s polling places, and at yearly anniversaries of the effective date of this Agreement until it expires, the City will train poll workers on the rights of persons with disabilities and the practical aspects of ensuring those rights. The training will cover, at a minimum, the need to maintain the physical accessibility of polling locations; how to assist persons with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).

    24. EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

  24. The Department will work collaboratively with the City to ensure that the City’s Emergency Operations Plan (EOP) will be in compliance with ADA requirements. The touchstone for compliance with ADA requirements relating to emergency management is Chapter 7 of the Department’s ADA Best Practices Tool Kit for State and Local Governments (ADA Tool Kit), which addresses in detail key ADA obligations that apply to all aspects of emergency management, including planning, preparedness, evacuation, shelters, medical and social services, lodging and housing programs, recovery, and rebuilding. http://www.ada.gov/pcatoolkit/chap7shelterchk.htm
  25. The City is committed to compliance with the ADA requirements as described in Chapter 7 of the ADA Tool Kit. Within 24 months of the effective date of this Agreement, the City will revise its EOP so that it conforms to Chapter 7 of the ADA Tool Kit, and the City will provide a copy of its revised EOP (including supporting documents) to the Department. The Department will review the revised EOP to ensure compliance with title II of the ADA and its implementing regulation.
  26. 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 any such entity is in compliance with these provisions on its behalf.
  27. Within six 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 EOP (preparation, notification, response, and clean up).
  28. Within 24 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 disabilities, vision disabilities, hearing disabilities, 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.
  29. Within 24 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.
  30. Within 24 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that emergency shelters have electrical power (such as a back-up generator) and ways to keep medications refrigerated (such as a refrigerator or cooler with ice). Access to back-up power and refrigeration at such shelters 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 preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelters.
  31. Within 24 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 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.
  32. Within 24 months of the effective date of this Agreement, the City, in concert with other relevant public entities with whom they share emergency management responsibilities, will develop, implement, and report to the Department its plans for providing accessible post-emergency temporary housing to persons with disabilities. Within 24 months of the effective date of this Agreement, the City will ensure that it makes information available on accessible temporary housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if persons with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised.

    33. PHYSICAL CHANGES TO EMERGENCY SHELTERS

  33. Some of the City’s emergency shelters may be owned or operated by other public entities subject to title II 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.

    34. WEB-BASED SERVICES AND PROGRAMS

  34. Within six 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 (also available at www.ada.gov/websites2.htm).
  35. Within six months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following:
    1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
    2. Ensure that all new and modified web pages and content are accessible;
    3. Develop and implement a plan for making existing web content more accessible;
    4. 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
    5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.

    NEW CONSTRUCTION, ALTERATION, AND PHYSICAL CHANGES TO FACILITIES

  36. The City will ensure that all buildings and facilities newly constructed after the effective date of the Agreement by or on behalf of the City are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards.
  37. The City will ensure that alterations made after the effective date of the Agreement to City buildings and facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards.
  38. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
  39. Within three months 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.
  40. Newly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City has completed the actions listed in Attachment G.
  41. Altered Facilities: In order to ensure that the following spaces and elements in City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City has completed the actions listed in Attachment H.
  42. Program Access in 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, within six months the City will request in writing that each of the owners and operators of facilities take the actions listed in Attachments I and J.
  43. Facilities and Programs Not Surveyed by the Department: The City will review compliance with the requirements of title II of the ADA for those City buildings, facilities and programs that were not reviewed by the Department. Within 12 months of the effective date of this Agreement, the City will submit for review by the Department a detailed report listing the access issues identified during its review, together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the City, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of City facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments G, H, I, and J.

    44. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE

  44. If the City owns or operates any Domestic Violence Programs (i.e., any programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families), within six months of the effective date of this Agreement, it will do the following:
    1. Whatever written information is provided regarding its Domestic Violence Programs will also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats (e.g., HTML), upon request.
    2. Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for effective communication with persons who are deaf or hard of hearing. The type of aid that will be required for effective communication will depend on the individual´s usual method of communication and the nature, importance, and duration of the communication at issue. In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading.
    3. If the City’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the City shall ensure that it provides equivalent service for persons who use TTY´s, including providing direct-connection service for TTY users with hotline operators, without requiring TTY users to call through a third party operator, such as through the state or local Telecommunication Relay Services. The City will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by hotline staff with direct-connection callers using TTY´s, as well as the training necessary to respond to callers who use the Telecommunication Relay Services.
    4. Survey facilities used as shelters or designated as potential shelters – or for counseling, job training, education, clothing or household provisioning, or other aspects of Domestic Violence Programs – to ensure that adequate arrangements are available for potential clients and family members with disabilities, including adults and children who have mobility impairments, who are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date of this Agreement, the City will modify each such facility to remove the barriers or, alternatively, procure another, fully accessible facility to ensure that potential clients and family members with disabilities have integrated options when participating in a sheltering or other Domestic Violence Program. Nothing in this Agreement requires any modifications that would compromise the confidentiality of a shelter or counseling center. Until there is a sufficient stock of accessible housing and other facilities within the sheltering program, the City will implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) and other facilities that could be used if people with disabilities need sheltering or in-service access to a Domestic Violence Program. The cost to potential clients of being housed or otherwise served in alternate accessible facilities shall not exceed any costs normally attributed to clients of the City´s Domestic Violence Programs.
    5. Implement written procedures and modify, as appropriate, eligibility criteria, to ensure that no person with a disability is turned away from a shelter or otherwise denied the opportunity to benefit from the services of the City’s Domestic Violence Programs on the basis of disability.
    6. Implement written procedures to ensure that persons with disabilities who use service animals are not denied or discouraged from participating in Domestic Violence Programs, are able to be housed and served in an integrated environment, and are not separated from their service animals while participating in the City´s Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. 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. If the City´s Domestic Violence Programs require clients to make any payments for shelter or other services they provide, clients shall not be required to make additional payments because they or their family members use service animals.
    7. Implement written procedures to ensure that reasonable modifications are made to the City’s Domestic Violence Programs when necessary for a client or family member with a disability to participate in such Programs, unless doing so would fundamentally alter the nature of the program.
    8. Implement written policies to ensure that despite any "drug-free" policy of the City´s Domestic Violence Programs, persons with disabilities who use medication prescribed for their use are able to continue using such medication while participating in such Programs or being housed in a shelter.
  45. If the City contracts with another entity to provide Domestic Violence Programs, it will ensure that the other entity complies with the preceding provisions on its behalf. If that entity will not comply with the preceding provisions, the City will nonetheless take all necessary steps to ensure that its Programs are accessible to persons with disabilities.
  46. Some of the City's Domestic Violence Programs may be owned or operated by other public entities subject to title II 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.
  47. This Agreement shall not be construed to require the City to divulge confidential information relating to the location or existence of any Domestic Violence Programs, beyond what is otherwise required by applicable law or what is necessary for the Department to effectively enforce this Agreement.

    48. MISCELLANEOUS PROVISIONS

  48. 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.
  49. 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).
  50. Within 12 months 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.
  51. Within 18 months 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.

    52. IMPLEMENTATION AND ENFORCEMENT

  52. 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.
  53. 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.
  54. 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.
  55. 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.
  56. This Agreement is a public document. A copy of this document or any information about it or in it can be made available to the public or any person by the City or the Department.
  57. 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´s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
  58. This Agreement will remain in effect for three years or until the parties agree that all actions required by the Agreement have been completed, whichever is later.
  59. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.
  60. The effective date of this Agreement is the date of the last signature below.

For the City of Sierra Vista, Arizona:

For the United States:

JOHN S. LEONARDO
United States Attorney
District of Arizona

 

By:/s/ Charles P. Potucek
CHARLES P. POTUCEK
City Manager

Date:11/19/12

By:/s/Diana Varela
DIANA L. VARELA
Assistant United States Attorney
District of Arizona

Date:12/12/12

 

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December 27, 2012