1. The parties to this Subagreement are the United States and Wyndham International(the "Owner").
2. Listed in the Specific Remedies section below is a failure to provide an auxiliary aid (Non-compliant feature), within the meaning of Title III of the Americans with Disabilities Act ("ADA"), as alleged in a complaint filed with the United States concerning the Holiday Inn Austin, Texas, 8901 Business Park Dr., Northwest Plaza, Austin, Texas (the "Hotel"). The Specific Remedies Section is not exhaustive, and may not include every Non-compliant Feature at the Hotel.
3. Following the Non-compliant Feature in the Specific Remedies Section, below, is the modification that has been made at the Hotel.
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 upon request by a deaf patron. 28 C.F.R. § 36.303(e).
b) Modifications: Since the time of the complaint, the Hotel has installed televisions with closed caption decoders in all guest rooms. 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. 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.
8. 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.
9. 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.
10. The effective date of this Subagreement is the date of the last signature below.
11. 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.
12. 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 (date)
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
For Wyndham International:
Karim Alibhi (date)
1950 Stemmons Freeway, Suite 6001
Dallas, TX 75207
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
February 8, 1999