1. The parties to this Subagreement are the United States and Town King Enterprises (the "Owner").
2. Listed in the Specific Remedies below, are communication barriers to access and failures to provide auxiliary aids (Non-compliant Features), within the meaning of Title III of the Americans with Disabilities Act ("ADA"), which were alleged in a complaint filed with the United States concerning the Holiday Inn SunSpree Resort Scottsdale, 7601 East Indian Bend Road, Scottsdale, Arizona 85250 (the "Hotel"). The list is not exhaustive, and may not include every Non-compliant Feature at the Hotel.
3. Following the Non-compliant Features in the Specific Remedies Section, below, are listed the modifications that will be undertaken at the Hotel. In addition to any specific references below, all modifications undertaken will comply with all relevant provisions of the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.
4. All citations and references are to the Department of Justice Regulation for title III of the ADA, 28 C.F.R. pt.36, or the Standards. Citations following Non-compliant Features are not necessarily exhaustive; other provisions may apply.
5. Staff Training: Owner will ensure that all Hotel employees are trained regarding all ADA issues relevant to the Hotel, including, but not limited to, use of auxiliary aids (e.g. telecommunication devices for the deaf (TDD's), closed caption television decoders) and their distribution to guests, guest rooms and other features which are accessible to people with mobility impairments, and the maintenance of accessible routes. All employees, including housekeeping and maintenance personnel, will be trained in these issues no less than semi-annually, and all new employees will be trained in these issues when they begin employment.
6. Closed Caption Decoders
a) Non-compliant Features: The complaint alleges that the Hotel's personnel did not provide a television with closed captioning. 28 C.F.R. § 36.303(e).
b) Modifications: All guest rooms now have televisions with closed captioning. Owner will ensure that all Hotel staff, including housekeeping and maintenance personnel, are trained in their use within 30 days of the effective date of this Agreement and thereafter in accordance with paragraph 5 above.
7. Telecommunication Devices for the Deaf
a) Non-compliant Features: The hotel has only 7 TDD's. 28 C.F.R. § 36.303(d).
b) Modifications: Owner will purchase 8 additional TDD's within 90 days of the effective date of this Agreement. Seven TDD's shall be made available to guests who are deaf, hard of hearing, or who have speech impairments upon request. Owner shall ensure that the Hotel has 1 TDD at the front desk so that Hotel staff can communicate with guests who use TDD's in accordance with 28 C.F.R. pt. 36, Appendix B, at 609. Owner will ensure that all Hotel staff, including housekeeping and maintenance personnel, are trained in their use within 30 days after they are purchased and thereafter in accordance with paragraph 5 above.
8. Visual Notification Devices and Visual Alarms
a) Non-compliant Features: The hotel has only 7 visual notification devices and 7 visual alarms. Standards §§ 9.1.3, 9.3.
b) Modifications: Owner will purchase and install, if applicable, visual notification devices and visual alarms. Owner will purchase 7 additional notification devices and 7 additional visual alarms within 90 days of the effective date of the Agreement. Owner will ensure that all Hotel staff, including housekeeping and maintenance personnel, are trained in their use within 30 days after they are purchased and thereafter in accordance with paragraph 5 above.
9. Volume Adjustable Phones and Accessible Outlets
b) Modifications: Owner will ensure that, within 90 days of the effective date of this Agreement, 14 rooms have telephones with volume controls in compliance with 4.31.5 and an accessible electrical outlet within 4 feet of a telephone connection.
10. Guest rooms which are designated as accessible to persons with hearing impairments must be modified in accordance with both paragraphs 8(b) and 9(b). Owner will ensure that any rooms which are permanently modified in accordance with paragraph 8(b) are also modified in accordance with paragraph 9(b). In addition, all guest rooms which are designated as accessible to persons with mobility impairments must comply with 8(b) and 9(b).
11. The parties agree to comply with relevant provisions of the Primary Agreement between the United States and Bass Hotels & Resorts with regard to alternative dispute resolution.
12. In the event any party fails to comply with any requirement of this Subagreement without obtaining sufficient advance written agreement with the United States as to a temporary modification of the relevant terms of the Subagreement, all then applicable terms of this Subagreement shall become immediately enforceable in a United States District Court. Such failures to comply will be considered subsequent violations, within the meaning of Title III of the ADA.
13. This Subagreement is limited to the facts set forth in it. This Subagreement does not address or remedy any other ADA claims or other claims under Federal law at the Hotel, or by the signees to the Subagreement.
14. The effective date of this Subagreement is the date of the last signature below.
15. This Subagreement shall be binding on the parties and their successors in interest, and each party has a duty to so notify all such successors in interest.
16. Signors of this Subagreement on behalf of the parties represent that they are authorized to bind those parties to this Subagreement.
For the United States:
John L. Wodatch
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
For Town King Enterprises:
Town King Enterprises
7601 East Indian Bend Road
Scottsdale, AZ 85250
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
February 8, 1999