SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
CITY OF TRINIDAD, COLORADO
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ # 204-13-317

I. BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States initiated this matter as a compliance review of the City of Trinidad, Colorado (Trinidad), under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the United States Department of Justice’s implementing regulation, 28 C.F.R. Part 35. 

The U.S. Attorney’s Office for the District of Colorado conducted this review of Trinidad’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department of Justice’s title II regulation, 28 C.F.R. § 35.105;

• to notify applicants, participants, beneficiaries, and other interested people of their rights and Trinidad’s obligations under title II and the Department of Justice’s regulation, 28 C.F.R. § 35.106;
• to designate a responsible employee to coordinate its efforts to comply with and carry out Trinidad’s ADA responsibilities, 28 C.F.R. § 35.107(a);
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);

• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. §§ 35.149-150, by:
• to deliver services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance and;
• to make physical changes to buildings, in accordance with the Department of Justice’s title II regulation, 28 C.F.R. §§ 35.150-151, and the ADA Standards for Accessible Design (defined as the 1991 ADA Standards and the 2010 ADA Standards), 28 C.F.R. § 35.104;
• to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department of Justice’s title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151;
• to ensure that communications with people with disabilities, including applicants, participants, and members of the public, are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;

• to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 911 services, 28 C.F.R. § 35.162;
• to provide information for interested people with disabilities concerning the existence and location of Trinidad’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and

• to provide signage at all inaccessible entrances to any Trinidad facility, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The United States reviewed Trinidad’s compliance with the ADA’s program access requirement and the 2010 Standards at the following facilities:

City Hall
City Hall Annex
Trinidad Community Center
Trinidad Golf Course
Trinidad Library
Trinidad Senior Center
Central Park
Cimino Park
Kit Carson Park
Southside Park

The United States reviewed Trinidad’s emergency management and disaster prevention policies and Trinidad’s sidewalk maintenance policies to evaluate whether people with disabilities have an equal opportunity to utilize these programs.

The United States reviewed Trinidad Police Department’s policies and procedures regarding providing effective communication to people who are deaf or hard of hearing.

B. JURISDICTION

1. The ADA applies to Trinidad because it is a “public entity” as defined by title II.  42 U.S.C. § 12131(1).
2. The United States is authorized under 28 C.F.R. Part 35, subpart F, to determine Trinidad’s compliance with title II of the ADA and the Department of Justice’s title II implementing regulation, to use alternative means of dispute resolution, 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.
3. The parties to this Agreement are the United States of America and the City of Trinidad, Colorado.
4. Based on its review of Trinidad’s programs, services, activities, and facilities, the United States has concluded that qualified individuals with disabilities are, by reason of such disabilities, excluded from participation in or are denied the benefits of many of Trinidad’s programs, services, or activities or are subjected to discrimination in violation of the ADA.  The agreed upon remedial actions, below, are intended to remedy those violations.
5. In order to avoid the burdens and expenses of a further 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 paragraphs 7 through 40, except as provided in the section entitled “Implementation and Enforcement.”

II. ACTIONS TAKEN BY TRINIDAD

7.  Trinidad represents that it has taken actions to comply with the ADA, including but not limited to the following:
   1. Trinidad has appointed an ADA Coordinator.  The ADA Coordinator is responsible for coordinating Trinidad’s efforts to comply with and carry out its responsibilities under the ADA, including investigation of ADA-related complaints, and the implementation of this Agreement.  Trinidad will provide the ADA Coordinator with the resources and authority to ensure that the terms of this Agreement are fully implemented.  Trinidad has made the ADA Coordinator’s name and contact information available to the public.

   Trinidad will ensure that within the next thirty days after the effective date of the Agreement that the ADA Coordinator register for training on the requirements of the ADA under title II including, but not limited to the City’s program access requirements, removing barriers to access, effective communication with deaf/hard of hearing individuals, and reasonable accommodations or modifications to policies and programs for individuals with disabilities. Trinidad will maintain an ADA Coordinator for the term of this Agreement.  If Trinidad changes its ADA Coordinator, it will notify the United States in writing, ensure that the new coordinator promptly receives the training noted above and will and update the name and contact information anywhere it appears, within one (1) day of making such a change.

   2. Trinidad has implemented an ADA Grievance Procedure, Attachment D, and has distributed it to all of its agencies, posted copies in conspicuous locations in each of its public buildings, and posted it to Trinidad’s website.  Trinidad will refresh each posted copy, and update the contact information contained on it, as necessary, for the term of the Agreement.  Trinidad will provide a copy of the ADA Grievance Procedure to any person upon request, including for interactions involving the Trinidad Police Department.   
8. Trinidad, which provides 911 services to residents of the City of Trinidad and Las Animas County, has verified that TTY and TDD services have been implemented.  Trinidad will implement text-to-911 service for the entire county within the next 36 months. 
9. Trinidad certifies that its Police Department has promulgated and implemented the policy attached as Attachment B, “Communicating with People Who are Deaf or Hard of Hearing” (“LE Policy”).

III. REMEDIAL ACTION

A. INDEPENDENT LICENSED ARCHITECT

10. Within three (3) months of the effective date of this Agreement, Trinidad will retain an Independent Licensed Architect (ILA), approved by the United States, who is knowledgeable about the architectural accessibility requirements of the ADA.  The ILA must act independently to certify whether any alterations, additions, or modifications made by Trinidad during the term of this Agreement comply with the applicable standard pursuant to 28 C.F.R. § 35.151(c) and the Appendix to 28 C.F.R. § 35.151(c).  Trinidad will bear all costs and expenses of retaining and utilizing the ILA, including the costs and expenses of any consultants and staff.  Trinidad will compensate this ILA without regard to the outcome.
11. In issuing certifications pursuant to this Agreement, the ILA will impartially prepare reports with photographs identifying that the violation has been remediated and will use the certification form at Attachment A.  The ILA will be considered a neutral inspector for purposes of issuing certifications of compliance and will be reasonably available to the United States to discuss findings in the reports, photographs, and certifications.  The United States may also, in its discretion, provide technical assistance to the ILA throughout the term of this Agreement.  Upon request by the United States, Trinidad will provide prior notice to the United States of inspections by the ILA to allow representatives of the United States to be present.
12. Trinidad will submit ILA certifications along with its reporting requirements as set forth in this Agreement.

B. GENERAL EFFECTIVE COMMUNICATION PROVISIONS

13. Trinidad shall take appropriate steps to ensure that communications with individuals with disabilities are as effective as communications with others.  Trinidad shall furnish appropriate auxiliary aids and services to afford individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, Trinidad’s services, programs, and activities.
14. In determining what type of auxiliary aid or service is necessary to comply with the ADA and this Agreement, the Trinidad agrees to give primary consideration to the expressed preference for a particular auxiliary aid or service by deaf and hard of hearing individuals.  “Primary consideration” means that Trinidad will inquire as to the choice of auxiliary aid or service of the individual and will honor the expressed choice unless Trinidad can demonstrate that another equally effective means of communicating is available.
15. Within three (3) months of the effective date of this Agreement, Trinidad will identify sources of qualified sign language and oral interpreters, qualified readers, real-time transcription services, and vendors able to put documents in Braille.  Trinidad will provide the Department with documentation that such services have been contacted and are available. 
16.  For interpreter requests made more than two (2) hours before the services of an interpreter are required, Trinidad shall arrange for a qualified interpreter to be present at the time of the scheduled appointment.
17.  Trinidad will ensure that all appropriate employees are trained and practiced in using: (1) Trinidad’s contractedRelay Service to make and receive calls, (2) the Video Remote Interpreting (“VRI”) service as described in paragraph 18, and (3) videophones within six (6) months of the effective date of this Agreement, and it shall report to the United States the details of the trainings and employees trained.

C. LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

18. Within six (6) months of the effective date of this Agreement, Trinidad will modify its LE Policy, Attachment B, by adding the statement regarding VRI below and adding VRI to its list of auxiliary aids to its LE Policy:
19. VRI can provide immediate, effective access to interpreting services in a variety of situations including emergencies and unplanned incidents.  When using VRI services, Trinidad shall ensure that it provides:  (1) Real-time, 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;  (2) A sharply delineated image that is large enough to display the interpreter’s face, arms, hands, and fingers, and the participating individual’s face, arms, hands, and fingers, regardless of his or her body position; (3) A clear, audible transmission of voices; and (4) 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).

Trinidad will re-distribute the LE Policy to all Trinidad police officers, which includes the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing.

20. Within four (4) months of the effective date of this Agreement, Trinidad will hire or contract with local qualified oral and sign language interpreters to be available twenty-four hours every day to its police department.
21. Within six (6) months of the effective date of this Agreement, Trinidad will equip its police department with a sufficient number of working TTYs and videophones, but no fewer than one (1) of each, to enable people who are deaf, hard of hearing, or who have speech impairments to make telephone calls of the same frequency and with the same availability as those people who do not use TTYs or videophones.  Where telephone calls are time-limited, Trinidad Police Department will adopt policies permitting a longer period of time for individuals using a TTY, videophone, or relay service due to the slower nature of these communications as compared to voice communications.  If any person who is deaf, hard of hearing, or who has a speech impairment prefers a different method of communication, such as a captioned telephone or computer, Trinidad will make reasonable efforts to provide the communication device requested.

D. POLLING PLACES AND BALLOT DROP-OFF LOCATIONS

21. Some Trinidad polling places or ballot drop-off locations (“Voting Location(s)”) are located in Trinidad facilities subject to title II and others are ballot drop-off locations located at public accommodations subject to title III. 
22. Before selecting a Trinidad facility as a Voting Location, Trinidad shall notify the County whether the Trinidad facility complies with the elements included in the survey instrument at Attachment E.  If Trinidad determines that its facility does not meet the requirement, Trinidad will not permit the County to use the Trinidad Voting Location until all barriers have been remedied.

E. EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

23. Trinidad’s Emergency Operations Plan (EOP) must comply with the ADA.  Trinidad’s EOP shall include the following, and is subject to the approval of the United States:
1. procedures to solicit, receive, and use input from people with a variety of disabilities on its emergency management plan (preparation, notification, response, and clean-up).
2. community evacuation plans to enable people who have mobility disabilities, are blind or have low vision, are deaf or hard of hearing, have cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others.
3. if Trinidad’s emergency warning system uses sirens or other audible alerts, then procedures to effectively inform people who are deaf or hard of hearing of an impending disaster.
4. a requirement that emergency shelters have a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice).  Access to back-up power and refrigeration at such shelters will be made available to people 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 people of the location of such shelters.
5. procedures ensuring that people 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 people who use service animals from others but may take into account the potential presence of people who, for safety or health reasons, should not be in contact with certain types of animals.
6. plans for providing equivalent opportunities for accessible post-emergency temporary housing to people with disabilities.  Trinidad will ensure that information it makes available regarding temporary housing includes information on accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised.

F. PHYSICAL CHANGES TO EMERGENCY SHELTERS

24. Some Trinidad emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and therefore they must provide program access or remove barriers to accessibility under the ADA.  This Agreement does not limit future enforcement action against the owners or operators of these emergency shelters.
25. Within one (1) month of the adoption of Trinidad’s EOP, Trinidad will request in writing that each of the owners and operators of the shelter facilities listed in Attachment C or designated in its EOP remove barriers to access for people with disabilities.  The request will specify that the remediation be completed within one (1) year of the date of the request.  Trinidad will simultaneously send a courtesy copy of the request to the United States.
26. Within two (2) years of the adoption of Trinidad’s EOP, the ILA will survey the shelters listed in Attachment C and any other shelters designated in its EOP to determine whether the noted barriers have been removed.  If not all barriers have been removed, Trinidad will identify and designate an appropriate number of alternate accessible shelters as confirmed by the ILA using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F.
27. Within three (3) months of the adoption of Trinidad’s EOP and until all emergency shelters are accessible as confirmed by the ILA, Trinidad will identify and widely publicize to the public and to people with disabilities the most accessible emergency shelters.

G. SIDEWALKS

28. Within three (3) months of the effective date of this Agreement, Trinidad will identify and report to the ILA and the United States: (1) a plan for identifying all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) a timetable for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from a street level pedestrian walkway.  The plan and timetable must be approved by the United States.

H. WEB-BASED SERVICES AND PROGRAMS

29. Within one (1) month of the effective date of this Agreement, Trinidad will retain an independent consultant, approved by the United States, who is knowledgeable about accessible website development, title II of the ADA, and WCAG 2.0 to evaluate Trinidad’s website and any proposed online services for compliance with the ADA and, at minimum, WCAG 2.0 Level A and Level AA Success Criteria and other Conformance Requirements (WCAG 2.0 AA).    The independent consultant shall be responsible for the annual website accessibility evaluation.  Trinidad will compensate this independent consultant without regard to the outcome.
30. Within three (3) months of the effective date of this Agreement, and annually thereafter, Trinidad will:
1. Adopt, implement, and post online a policy that its web pages will comply with WCAG 2.0 AA, published by the World Wide Web Consortium (W3C), Web Accessibility Initiative (WAI), available at www.w3.org/TR/WCAG;
2. Distribute the policy to all employees and contractors who design, develop, maintain, or otherwise have responsibility for its websites, or provide website content, technical support, or customer service;
3. Provide training to website content personnel on how to conform all web content and services with, at minimum, WCAG 2.0 AA, title II of the ADA, and the terms of this Agreement;
4. Incorporate provisions ensuring that all of Trinidad’s webpages comply with WCAG 2.0 AA into the performance evaluations of the ADA Coordinator and all employees and contractors who design, develop, maintain, or otherwise have responsibility for its websites, or provide website content, technical support, or customer service;
5. Assess all existing web content and online services for conformance with, at minimum, WCAG 2.0 AA, by: (1) performing automated accessibility tests of its website and all online services, using an automated tool approved by the United States, to identify any accessibility barriers; and (2) enlisting individuals with different disabilities, including at a minimum individuals who are blind, deaf, and have physical disabilities (such as those limiting the ability to use a mouse), to test its pages for ease of use and accessibility barriers;
6. Provide a notice, prominently and directly linked from its homepage, instructing visitors to its websites on how to request accessible information.  The link shall provide several methods to request accessible information, including an accessible form to submit feedback, an email address, and a toll-free phone number (with TTY) to contact personnel knowledgeable about the accessibility of the website; and
7. Provide a notice, prominently and directly linked from its homepage, soliciting feedback from visitors to its websites on how to improve website accessibility.  The link shall provide several methods to provide feedback, including an accessible form to submit feedback, an email address, and a toll-free phone number (with TTY) to contact personnel knowledgeable about the accessibility of the website.
31. Within five (5) months of the effective date of this Agreement, Trinidad will:
1. Ensure that its websites and all online services, including those websites or online services provided by third parties upon which Trinidad relies to provide services or content, comply with, at minimum, WCAG 2.0 AA; and
2. Assess all proposed online services before they are made available to the public for conformance with, at minimum, WCAG 2.0 AA, by: (1) performing automated accessibility tests, using an automated tool approved by the United States, to identify any accessibility barriers; and (2) enlisting individuals with different disabilities, including at a minimum individuals who are blind, deaf, and have physical disabilities (such as those limiting the ability to use a mouse), to test its pages for ease of use and accessibility barriers.

I. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES

32. Any future construction or alterations to Trinidad buildings and facilities by it or on its behalf will fully comply with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards.
33. Trinidad will remedy the non-compliant facilities identified in Attachment G to make them readily accessible to and usable by people with disabilities.  Annually, the ILA will certify whether the actions taken to remedy the issues identified in Attachment G comply with the applicable standard pursuant to 28 C.F.R. § 35.151(c) and the Appendix to 28 C.F.R. § 35.151(c).
34. For those items listed in Attachment G that do not have a definite completion date, Trinidad shall submit a proposed timeline to complete remediation of those items within one (1) year of the effective date of this Agreement.
35. All architectural changes by Trinidad or on its behalf made on or after March 15, 2012, must comply with the 2010 ADA Standards.
36. Facilities and Programs that the United States Did Not Survey:  The ILA will review compliance with the requirements of title II of the ADA for the following facilities and programs that the United States did not survey or review:

    Parking lot at Elm and Commercial Sts.
    Parking lot at Animas and Main Sts.
    Parking lot at Maple and 2nd Sts.
    Any other city-owned parking lot
    Centennial Park

37. Within one (1) year of the effective date of this Agreement, Trinidad will submit to the United States a detailed report from the ILA listing any issues identified during the ILA’s review pursuant to this paragraph together with the corrective actions and completion dates proposed to resolve such issues.  The proposed completion dates may be no later than 36 months from the date of the ILA report.

IV. MISCELLANEOUS PROVISIONS

37. Except as otherwise specified in this Agreement, six (6) months after the effective date of this Agreement and annually thereafter until it expires, Trinidad will submit written reports to the United States summarizing its actions pursuant to this Agreement.  Reports will include reports with certifications from the ILA, photographs showing measurements, architectural plans, notices published in the newspaper, and copies of adopted policies, among other things. Reports shall be submitted to:

    Zeyen J. Wu   
    Assistant United States Attorney
    U.S. Attorney’s Office for the District of Colorado
    1801 California St., Suite 1600
    Denver, Colorado 80202

38. Throughout the term of this Agreement, consistent with 28 C.F.R. § 35.133(a), Trinidad will maintain the accessibility of its programs, activities, services, facilities, and equipment, including routinely testing accessibility equipment and routinely auditing the accessibility of its programs and facilities.  This provision, however, does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.  28 C.F.R. § 35.133(b).
39. Within six (6) months of the effective date of this Agreement, Trinidad will submit for pre-approval by the United States a proposed training program on the requirements of the ADA and appropriate ways of serving people with disabilities.  The submission will include a description of the training, the agenda, any handouts, and the name, title, and address of the trainer.
40. Within one (1) year of the effective date of this Agreement and annually thereafter, after approval of the training program by the United States, all Trinidad employees who have direct contact with members of the public will be trained on the requirements of the ADA and appropriate ways of serving people with disabilities.  Within thirty (30) days after each training Trinidad will submit to the United States the list of employees trained.

V. IMPLEMENTATION AND ENFORCEMENT

41. Trinidad may seek to modify this Agreement because of changed conditions making performance impossible by notifying the United States in writing, setting forth the modification and the facts to support it.  Until the United States agrees to the modification in writing, no modification will take effect.  The United States’ agreement will not be unreasonably withheld.
42. The United States may review compliance with this Agreement at any time.  Trinidad will cooperate with the United States.  If the United States believes that Trinidad has failed to comply with this Agreement, then the United States will notify Trinidad in writing.  If, after 30 days of providing Trinidad with written notice of non-compliance, the United States determines that Trinidad has failed to come into compliance, the United States may institute a civil action in federal district court to enforce the terms of this Agreement and may take appropriate steps to enforce title II.
43. It is a violation of this Agreement for Trinidad to fail to comply in a timely manner with any of the requirements of this Agreement.
44. Failure by the United States to enforce any provision of this Agreement is not a waiver of the United States’ right to enforce any provisions of this Agreement.
45. This Agreement is a public document.  Trinidad will provide a copy of this Agreement to any person, upon request.
46. This Agreement (including its Attachments) is 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 will be enforceable.  This Agreement does not remedy any other potential violations of the ADA or other federal law.  This Agreement does not relieve Trinidad of its continuing obligation to comply with all aspects of the ADA.
47. This Agreement will remain in effect for three (3) years.
48. The person signing for Trinidad represents that he or she is authorized to bind Trinidad to this Agreement.
49. The effective date of this Agreement is the date of the last signature below.

ATTACHMENT A

Certification of ADA Compliance

I, [insert name], in my capacity as an Independent Licensed Architect, retained by City of Trinidad, Colorado, and approved by the United States, pursuant to the Settlement Agreement executed by the parties on [insert date],
Hereby CERTIFY to the best of my knowledge, information, and belief that the following element identified below is in compliance with the physical accessibility requirements of the Agreement and the Americans with Disabilities Act as of the date shown below.
Element Identified in Attachment G to the Settlement Agreement:
 
Description of Element:

 

Location of Element:

 

____________________
Date

 

__________________________________
Signature of Independent Licensed Architect

ATTACHMENT C

LIST OF TRINIDAD EMERGENCY SHELTERS

1. Trinidad Community Center
   1309 Beshoar Drive
   Capacity 500 (275 overnight)
2. Sebastiani Gym
   206 Animas St.
   Capacity: 390 (165 overnight)
3. Trinidad State Junior College
   Sullivan Student Center
   600 Prospect St.
   Capacity: (100 overnight)
4. Trinidad School District #1
   Donnelly Gym
   816 West St.
   Capacity: 1000 (432 overnight)
5. Park Street Gym
   612 Park St.
6. Methodist United Church
   216 Broom St.
   Capacity: 165 (50 overnight)
7. St. Joseph’s Hall
   1704 Buena Vista
   Capacity: 135 (58 overnight)
8. Trinidad State Nursing Home
   409 Benedicta Ave.
   Capacity: 195 (83 overnight)

ATTACHMENT D

Grievance Procedures under Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990.  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Trinidad.  If City officials receive a complaint or appeal that purports to allege disability discrimination that does not follow the procedures set forth herein, the ADA Coordinator shall notify the complainant of this policy, including in alternative formats or with the benefit of appropriate auxiliary aids and services.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem.  Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her representative as soon as possible but no later than 60 calendar days after the alleged violation to:

[Name and address of ADA Coordinator]

Within 15 calendar days after receipt of the complaint, [name of ADA Coordinator] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting, [name of ADA Coordinator] or [his/her] designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape.  The response will explain the position of the City and offer options for substantive resolution of the complaint.

If the response by [name of ADA Coordinator] or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or his designee.

Within 15 calendar days after receipt of the appeal, the [name of ADA Coordinator] or [his/her] or his designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, the [name of ADA Coordinator] or [his/her] designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the [name of ADA Coordinator] or [his/her] designee, and responses from these two offices will be retained by the City for at least three years.