SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this matter as a compliance review of Monroe County, New York (the County) 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. Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the County’s compliance with the following title II requirements:
C to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation, 28 C.F.R. § 35.105;
C to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County’s obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;
C to designate a responsible employee to coordinate its efforts to comply with and carry out the County’s ADA responsibilities, 28 C.F.R. § 35.107(a);
C to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
C 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. § 35.150, by:
C delivery of 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 or, if these methods are not effective in making the programs accessible,
C physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
C 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’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
C to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
C to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
C to provide information for interested persons with disabilities concerning the existence and location of the County’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and
C to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements:
Public Safety Training Center
Sheriff - Zone A
Park - Black Creek
The Hall of Justice
Public Safety Plaza
Crime Victims’ Center
County Office Building
Health & Social Services - Health & Social Services
Health & Social Services - Veterans’ Building
Ontario Beach Park
Durand Eastman Park
Greece Canal Park
Mendon Ponds Park
The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities:
Children’s Detention Center
Medical Examiner - Environmental Health Lab
County Correctional Facility
Bullshead Health Department
Health and Social Services
Public Defender’s Office
Public Safety, Wegman Building
License Bureau - Ridge Crest Plaza
License Bureau - Suburban Plaza
Sheriff - Zone B
Sheriff - Zone C
The Department conducted a program access review of the following polling places:
Town of Brighton - Indian Landing School
Town of Chili - Chili Community Center
Town of Clarkson - Clarkson Town Hall
Town of Gates - Gates Town Hall
Town of Greece - St. John’s Parish Center
Town of Hamlin - Hamlin Town Hall
Town of Henrietta - Henrietta Town Hall
Town of Irondequoit - Helen McGraw Public Library
Town of Mendon - Mendon Community Center/American Legion Hall
Town of Ogden - William Munn School
Town of Parma - Parma Town Hall
Town of Penfield - Penfield Town Hall
Town of Perinton - Church of the Assumption of Our Lady
Town of Pittsford - Pittsford Middle School
Town of Riga - Riga Town Hall
City of Rochester - Monroe County Water Authority
Town of Rush - Rush Town Hall
Town of Sweden - Sweden Municipal Building
Town of Webster - Webster Town Hall
Town of Wheatland - Wheatland Chili High School
This review of polling places was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.
The Department also conducted a program access review of the following facilities that are designated as emergency shelters:
The County represents that it does not own nor operate any facilities that serves as Emergency Shelters within the County.
This review was limited to the areas of the facilities used by members of the public during an emergency: parking, the route from the parking area to the area used as a shelter, the area used as a shelter, and toilet facilities serving that area.
The Department reviewed the County’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.
Finally, the Department reviewed the policies and procedures of the County Sheriff’s Department regarding providing effective communication to persons who are deaf or hard-of-hearing.
1. The ADA applies to the County 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 County 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 County’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 County 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 Monroe County, New York.
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.”
ACTIONS TAKEN BY THE COUNTY
7. Before the Department’s compliance review, the County, on its own initiative, took the following actions and has agreed to continue doing so:
A. Monroe County indicates that between 1992 and the present it has spent $6,606,275 on retrofitting its buildings and sites, including the addition of new accessible features. In addition to this figure, the County has devoted $35,000,000 to renovate and retrofit the Monroe Community Hospital, which provides long term care for citizens with multiple and severe disabilities, an estimated 90% of whom use wheelchairs. The $6,606,275 figure also does not include the $15,165,000 worth of numerous projects in the County's parks system-a great deal of which involved retrofitting, nor the upcoming $11 million Airport project which includes a number of accessibility improvements.
B. The County has had an ADA awareness and compliance training program in place since 1993, and trains approximately 600 employees each year in both the full range of accessible service provision (including effective communications) and in the employment aspects of the ADA. All new employees receive this training within two weeks of their employment with the County. Court Deputies and Jail Deputies enrolled in the Sheriff's Academy receive an additional component pertaining to the special nature of their work in relating to their customers. All training includes a video based component on the use of the "7-1-1" New York Relay System. Supervisors receive enhanced ADA training to cover their additional responsibilities under the ADA. All training is conducted by the ADA Manager.
C. As part of its public notice efforts the County developed and has used since 1994 an ADA brochure entitled "Rights and Opportunities for People with Disabilities", which details information for both customers and employees regarding the County's compliance and opportunities for reasonable accommodations. It is made available to all customers and is given to every employee. At intervals this brochure is sent to many agencies which serve people with disabilities. It also includes the name and contact information for the County's ADA Manager.
D. The County has constructed and opened a new jail facility that contains many elements designed to meet the accessibility needs of inmates who use a wheelchair or who have other significant mobility limitations.
E. The County has a designated ADA Coordinator.
F. The County has several parks with lodges, pavilions, and companion toilet rooms accessible to people with disabilities. In addition, the County has constructed a rare multi-sensory garden designed to be enjoyed by individuals with disabilities. Natural sounds, fragrant plantings, and plantings of tactile interest within easy reach help individuals with a loss of hearing, or a loss of sight, or those who use a wheelchair or scooter to participate in the "park experience". The brochure at the entrance is offered in writing and in Braille. The County has also purchased several rolling "dune chairs" for Ontario Beach Park which allow wheelchair users to join friends and family on the sandy beach, and to enter the water far enough to get wet. This park also has one of the first fully accessible Carousels in the country.
G. The County commenced and completed the “Sidewalk Curb Ramp Improvement Project” to ensure that the 650 miles of public rights of way are accessible to people with disabilities. The County continues to address citizens’ concerns and work with local municipalities to remedy these concerns. The County will continue its practice of communication with and soliciting responses from the community and will work appropriately with the municipalities in question. Although the County does NOT generally construct, own, or maintain any sidewalks or curb ramps, Monroe County did as a one-time initiative on behalf of its local municipalities survey the County and correct or construct approximately 2000 curb ramps throughout the County, on its own right of ways and where they intersected with a right of way belonging to a local municipality. The County had secured federal funding for this project, and thus completed this work on behalf of the local municipalities, as the County does not own or maintain sidewalks and curb ramps. At the completion of this one-time project compliance throughout the County was achieved, and since then local municipalities have been and are responsible for installing and repairing all curb ramps and sidewalks within their jurisdiction. The County includes the construction or replacement of compliant curb ramps as part of the plans for its capital improvement projects and all other Monroe County right of way projects, but the actual responsibility for this portion of the capital projects lies with the local municipalities. The County has submitted its "Highway Access Guidelines" as documentation of this policy.
H. The County has adopted the attached Notice (Attachment A); distributed it to all agency heads; published the Notice in a local newspaper of general circulation serving the County; posted the Notice on its Internet Home Page; and posted copies in conspicuous locations in its public buildings an appropriate Notice of ADA Rights and has posted it prominently throughout its facilities.
I. The County has adopted the attached ADA Grievance Procedure (Attachment B), distributed it to all agency heads, and has posted copies of it in conspicuous locations in each of its public buildings.
J. The County maintains a contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services is available on a priority basis, twenty-four hours per day, seven days a week, to its sheriff department or makes other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).
K. The County has developed the Monroe County Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and has distributed it to all sheriff department officers the Sheriff’s Department Policy on Effective Communication [Attachment D].
L. The County maintains that it has adopted employment policies which comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. The policies provide, inter alia, that the County:
C does not discriminate on the basis of disability in its hiring or employment practices.
C does not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.
C will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the County’s business. If an applicant or an employee requests a reasonable accommodation and the individual's disability and need for the accommodation are not readily apparent or otherwise known, the County may ask the individual for information necessary to determine if the individual has a disability-related need for the accommodation.
C will maintain any employee’s medical records separate from personnel files and keep them confidential.
C will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
M. The County implemented “Project Prepare,” an initiative and contract with the National Weather Service to access their national infrastructure with local civil emergencies. This system allows for the use of strobe lights or other appliances to alert persons who are deaf or hard of hearing in the event of an emergency.
N. Most County departments have sign language service contracts and the remaining departments contract for this service on a per diem basis.
8. Within one year of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, the County will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities.
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
9. Within six months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).
10. The County currently ensures that each 9-1-1 call station is equipped with a TTY or computer equivalent and will continue to do so.
11. The County has developed procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received and it will continue to do so.
12. The County currently monitors its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received and will continue to do so and it will continue to do so.
13. The County incorporates correct TTY call-taking procedures into 9-1-1 call takers’ performance evaluations and its personnel policies include written disciplinary procedures for call takers who fail to perform TTY call-taking consistent with the training and procedures and it will continue to do so.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
14. Within six months of the effective date of this Agreement, the County will ensure that each sheriff station or substation 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. The Monroe County jail and detention center are already equipped with a working TTY. Where inmate telephone calls are time-limited, the County has already adopted 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.
15. Some of the County 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 such future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.
16. Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the polling places listed in Attachment E below will remove the noted barriers to access for persons with disabilities and the County will distribute to them the Department’s ADA Checklist for Polling Places (www.ada.gov/votingck.htm). The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.
17. Within 14 months of the effective date of this Agreement, the County will survey all facilities mentioned in Attachment E to determine whether the actions requested by the County have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance, or interior route to the voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change its polling place to the new location.
18. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the County will continue to 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.
19. The County will continue to provide opportunities for same day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route, entrance, and interior route to the voting area to vote at an accessible location. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, picked up by election officials at the home of the voter on the same day as the election, provide curbside voting at the inaccessible polling place, or any other method that ensures that voters with disabilities have the same degree of information available to them when casting their ballots as others.
20. By the first election in 2006, the County will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.
21. Within twenty four months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report 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 nine months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and computer disk.
23. Starting three months from the effective date of this Agreement, when the County purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and vision impairments) that has been approved for County use by the applicable governing authority (e.g., State Secretary of Elections or other such official).
24. Starting three months from the effective date of this Agreement, when setting up its voting equipment, the County will ensure that the equipment’s accessibility to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards, as shown in Attachment F.
25. On a yearly basis, for the duration of this Agreement, the County will continue to train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training covers, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).
EMERGENCY MANAGEMENT PROCEDURES AND POLICIES
26. If the County 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 County will ensure that the other entity complies with the following provisions on its behalf.
27. Within six months of the effective date of this Agreement, the County 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 emergency management plan (preparation, notification, response, and clean up).
28. Within nine months of the effective date of this agreement, the County will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, 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 County 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 County plan should address accessible transportation needs for persons with disabilities.
29. For the duration of this Agreement, the County will continue to 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 six months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) 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 shelter(s).
31. Within six months of the effective date of this Agreement, the County 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 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.
32. Some of the County’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.
33. To the extent that the County provides opportunities for post-emergency temporary housing to its residents, within six months of the effective date of this Agreement, it will develop, implement, and report to the Department its plans for providing equivalent opportunities for accessible post-emergency temporary housing to persons with disabilities. Within one year of the effective date of this Agreement, the County 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.
WEB-BASED SERVICES AND PROGRAMS
34. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment H to this Agreement (it is also available at www.ada.gov/websites2.htm).
35. Within one year of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following:
A. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
B. Ensure that all new and modified web pages and content are accessible;
C. Develop and implement a plan for making existing web content more accessible;
D. 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
E. Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.
PHYSICAL CHANGES TO FACILITIES
36. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in Attachments I, J, K, and L, prevent some persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
37. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
38. Within one year of the effective date of this Agreement, the County 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.
39. Newly Constructed Facilities: In order to ensure that the spaces and elements in County facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I.
40. Altered Facilities: In order to ensure that the spaces and elements in County facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J.
41. Program Access in County Existing Facilities: In order to ensure that each of the County’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, the County will take the actions listed in Attachment K.
42. Access to County Programs Housed in Others’ Facilities: In order to ensure that the County’s programs, services, and activities that are the subject of this Agreement and that are operated by the County at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment L.
43. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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.
44. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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).
IMPLEMENTATION AND ENFORCEMENT
45. If at any time the County 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.
46. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 County, 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.
47. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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.
48. 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.
49. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the County or the Department on request.
50. 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 County’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
51. This Agreement will remain in effect for four years.
52. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.
53. The effective date of this Agreement is the date of the last signature below.
For the Monroe County, New York
The Honorable Maggie Brooks,
Monroe County Executive
110 County Office Building
39 West Main Street
Rochester, New York 14614
For the United States:
BRADLEY J. SCHLOZMAN,
Acting Assistant Attorney General for Civil Rights
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
PAULA N. RUBIN, Investigator
MARK MAZZ, Architect
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530
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