Common use of Sidewalks Clause in Contracts

Sidewalks. Within nine (9) months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States its written process for requesting and receiving input from people with disabilities regarding the accessibility of its sidewalks, including requests to add curb cuts at particular locations. Within nine (9) months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ 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 and will specify completion of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) years. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have curbs or other barriers from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26, 1992, intersect with a street, road, or highway. The plan and timetable must be approved by the United States and will specify completion of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) years. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. The City of Jacksonville has a total area of 885 square miles (767 in land area) and has over 3,600 linear miles in roads, streets and highways (excluding rights-of-way owned or controlled by third parties). Virtually all of the City of Jacksonville’s streets, roads, highways, and street level pedestrian walkways have been constructed or altered since January 26, 1992. Within nine three (93) months of the effective date of this Agreement, the County City of Jacksonville will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine five (95) months years of the effective date of this Agreement, the County City of Jacksonville will identify and report to provide curb ramps or other sloped areas complying with the ▇▇▇ and the United States: (1) a plan for identifying 2010 Standards at all intersections of 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 1992 having curbs or other barriers to entry from a street level pedestrian walkway. The plan and timetable must be approved by Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with this Agreement. Filling a pothole is not considered an alteration for the applicable architectural standards within purposes of this Agreement. Beginning no later than three (3) years. Within three (3) years of months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all intersections City of the streets, roads, and highways constructed or altered since January 26, 1992, that have curbs or other barriers from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County Jacksonville will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine five (9) months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26, 1992, intersect with a street, road, or highway. The plan and timetable must be approved by the United States and will specify completion of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) years. Within three (35) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, intersects with a street, road, or highway. Date City of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County Jacksonville will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at all places where a street level pedestrian walkway that has been constructed or altered since January 26, 1992 intersects with a street, road, or highway. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Beginning no later than three (3) months after the effective date of this Agreement, the City of Jacksonville will provide curb ramps or other sloped areas complying with the 2010 Standards at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within one (1) month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City of Jacksonville 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 of Jacksonville (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 ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three (3) months of the effective date of this Agreement, and throughout the life of the Agreement, the City of Jacksonville will confirm do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The City of Jacksonville will ensure that all buildings and facilities constructed by or on behalf of the United States City of Jacksonville are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The City of Jacksonville will ensure that alterations to City of Jacksonville facilities are made in full compliance with the County has provided curb ramps requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The elements or other sloped areas where features of the City of Jacksonville 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 City of Jacksonville 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. When taking the actions required that are in compliance by this agreement, the City must comply with the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104 (title II)(defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained in subpart D of 28 C.F.R. part 36). Within nine (9) months of the effective date of this Agreement, the City of Jacksonville 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in City of Jacksonville facilities for which construction was commenced after January 26,1992, are readily accessible to and usable by persons with disabilities, the City of Jacksonville will take the actions listed in Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in City of Jacksonville facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City of Jacksonville will take the actions listed in Attachments J and M. Program Access in Existing Facilities: In order to ensure that each of the City of Jacksonville 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 disabilities, the City of Jacksonville will take the actions listed in Attachments K and M. Facilities and Programs Not Surveyed by the Department: The City of Jacksonville will review compliance with the requirements of title II of the ADA for those City of Jacksonville facilities and programs that were not reviewed by the Department. The City of Jacksonville 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 of Jacksonville, 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 of Jacksonville facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and M. Due to the large number of facilities in the City, the City may elect to submit the reports required by this paragraph on yearly anniversaries of the effective date of this agreement for a period of up to three years, each such report covering approximately one-third (1/3) of the City’s facilities.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County City will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within 1 month 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 (it is also available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the City will confirm do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The elements or features of the United States City’s facilities that do not comply with the Standards, including those listed in Attachments I, J, K, and L, prevent persons with disabilities from fully and equally enjoying the City’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. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. 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. Newly Constructed Facilities: In order to ensure that the County has provided curb ramps or other sloped areas where required 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 will take the actions listed in Attachments I and M. 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 will take the actions listed in Attachments J and M. Program Access in City 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, the City will take the actions listed in Attachments K and M. City Facilities and Programs Not Surveyed by the Department: The City will review compliance with the 2010 requirements of Title II of the ADA Standardsfor those City 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 I, J, K, and M. PROGRAM MODIFICATIONS Access to City Programs Housed in Others’ Facilities: In order to ensure that the City’s programs, services, and activities that are the subject of this Agreement and that are operated by the City 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 City will take the actions listed in Attachment L. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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, upon request. 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. 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. 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, 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, 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 inservice 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. 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. 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. 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. 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all of its streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection of its intersections having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annuallyaltered by, or on behalf of, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA StandardsCounty. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all of its street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all of its newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS 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 ▇▇▇ will confirm to ▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the United States that effective date of this Agreement, and throughout the life of the Agreement, the County has provided curb ramps will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; Provide a way for online visitors to request accessible information or other sloped areas where required services by posting a telephone number or e-mail address on its home page; and Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the 2010 requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with requirements of 28 C.F.R. § 35.151, including applicable architectural standards. 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 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. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within three months 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. Newly Constructed Facilities: In order to ensure that the following 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 Attachments I and M. Altered Facilities: In order to ensure that the following 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 Attachments J and M. Program Access in County Existing Facilities: In order to ensure that each of the County 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 Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA Standardsfor those County facilities and programs that were not reviewed by the Department. Within 12 months of the effective date of this Agreement, the County 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 County, 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 County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and M. PROGRAM MODIFICATIONS 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 and M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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, upon request. 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. If the County’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County shall ensure that it provides equivalent service for persons who use TTYs, 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 County 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 TTYs, as well as the training necessary to respond to callers who use the Telecommunication Relay Services. 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, 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 County 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 inservice 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 County’s Domestic Violence Programs. 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 County’s Domestic Violence Programs on the basis of disability. 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 County’s Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. 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. If the County’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. The County will amend the service animal policy currently used in its Domestic Violence Programs consistent with Departmental guidance. Implement written procedures to ensure that reasonable modifications are made to County’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. Implement written policies to ensure that despite any “drug-free” policy of County’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. If the County contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as “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 following provisions, the County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the of the County’s 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. This Agreement shall not be construed to require the County 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) six months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) six months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) six months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within two months 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 ▇▇▇ will confirm to ▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within four months of the United States that effective date of this Agreement, and throughout the life of the Agreement, the County has provided curb ramps will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; Provide a way for online visitors to request accessible information or other sloped areas where required services by posting a telephone number or e-mail address on its home page; and Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the 2010 ADA requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. 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 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. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within four months 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. Newly Constructed Facilities: In order to ensure that the following 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. Altered Facilities: In order to ensure that the following 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. Program Access in 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. PROGRAM MODIFICATIONS Access to 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. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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, upon request. 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. If the County's Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County shall ensure that it provides equivalent service for persons who use TTYs, 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 County 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 TTYs, as well as the training necessary to respond to callers who use the Telecommunication Relay Services. 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, 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 County 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 persons with disabilities need sheltering or inservice 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 County's Domestic Violence Programs. 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 County's Domestic Violence Programs on the basis of disability. 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 County'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 County'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. Implement written procedures to ensure that reasonable modifications are made to the County'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. Implement written policies to ensure that despite any "drug-free" policy of the County'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. If the County contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as "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 following provisions, the County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the County's 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. This Agreement shall not be construed to require the County 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County City will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within 1 month 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 H to this Agreement (it is also available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇.) Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the City will confirm do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES The elements or features of the City's facilities that do not comply with the Standards, including those listed in Attachments I, J, and K, prevent persons with disabilities from fully and equally enjoying the City'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. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. 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. 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 will take the actions listed in Attachment I. 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 will take the actions listed in Attachment J. Program Access in City 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, the City will take the actions listed in Attachment K. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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, upon request. 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. 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. 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, 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 inservice 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. 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. 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. Implement written procedures to ensure that reasonable modifications are made to the United States 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. 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. If the City contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as "Domestic Violence Programs"), it will ensure that the County has provided curb ramps or other sloped areas where required that are in compliance entity complies with the 2010 ADA Standardspreceding provisions on its behalf. If that entity will not comply with the following provisions, the City will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the of the City's 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. 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) 12 months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts ramps at particular locations. Within nine (9) 12 months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) five years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than six months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) six months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States its written process for requesting and receiving input from people with disabilities regarding the accessibility of its sidewalks, including requests to add curb cuts at particular locations. Within nine (9) months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) five years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) six months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) five years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyNEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The City will ensure that all buildings and facilities constructed by or on behalf of the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that City are constructed in full compliance with the 2010 requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The City will ensure that alterations to City facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The elements or features of the City's facilities that do not comply with the Standards, including those listed in Attachments I, J, and K, prevent persons with disabilities from fully and equally enjoying the City'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. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within twelve 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. 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 will take the actions listed in Attachments I and M. 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 will take the actions listed in Attachments J and M. 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, the City will take the actions listed in Attachment K and M. Facilities and Programs Not Surveyed by the Department: The City will review compliance with the requirements of title II of the ADA Standardsfor those City facilities and programs that were not reviewed by the Department. Within 24 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 I, J, K, and M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: Whatever written information is provided regarding its Domestic Violence Programs will also be provided in alternate formats, including Braille, large print, audio recording, and accessible electronic formats (e.g., HTML), upon request. 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. 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. 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, 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, 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 inservice 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 City's Domestic Violence Programs. 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. 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. Implement written procedures to ensure that reasonable modifications are made to 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. Implement written policies to ensure that despite any "drug-free" policy of 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. If the City contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as "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 following provisions, the City will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the of the City's 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. 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County City will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within 1 month 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 H to this Agreement (it is also available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the City will confirm do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS,AND PHYSICAL CHANGES TO FACILITIES The City will ensure that all buildings and facilities constructed by or on behalf of the United States that the County has provided curb ramps or other sloped areas where required that City are constructed in full compliance with the 2010 ADA requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The City will ensure that alterations to City facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. Attachments I, J, and K list the elements or features of the City´s facilities that do not comply with the Standards. It is the Department´s position that elements or features of a facility that do not comply with the Standards present persons with disabilities from fully and equally enjoying City services, programs, and activities, and constitutes 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. This Agreement shall not be construed as an admission of liability or discrimination by the City. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. 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. 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 will take the actions listed in Attachments I and M. 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 will take the actions listed in Attachments J and M. 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, the City will take the actions listed in Attachments K and M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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, upon request. 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. 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. 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, 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, 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 persons with disabilities need sheltering or inservice 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 City´s Domestic Violence Programs. 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. 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. Implement written procedures to ensure that reasonable modifications are made to 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. Implement written policies to ensure that despite any "drug-free" policy of 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. If the City contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as "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 following provisions, the City will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the of the City´s 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. 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within one 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 ▇▇▇ will confirm to ▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the United States that effective date of this Agreement, and throughout the life of the Agreement, the County has provided curb ramps will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; Provide a way for online visitors to request accessible information or other sloped areas where required services by posting a telephone number or e-mail address on its home page; and Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the 2010 requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. 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 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. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within three months 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. Newly Constructed Facilities: In order to ensure that the following 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 Attachments I and M. Altered Facilities: In order to ensure that the following 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 Attachments J and M. Program Access in 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 Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of Title II of the ADA Standardsfor those County facilities and programs that were not reviewed by the Department. Within twelve months of the effective date of this Agreement, the County 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 County, 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 County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and M. PROGRAM MODIFICATIONS Access to 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. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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. 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. If the County's Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County 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 County 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. 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, 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 County 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 inservice 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 County's Domestic Violence Programs. 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 County's Domestic Violence Programs on the basis of disability. 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 County's Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. 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. If the County'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. Implement written procedures to ensure that reasonable modifications are made to the County'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. Implement written policies to ensure that despite any "drug-free" policy of the County'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. If the County contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as "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 following provisions, the County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the of the County's 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. This Agreement shall not be construed to require the County 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing the purposes of this Agreement. Filling a pothole is not considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the Countywill provide curb ramps or other sloped areas complying with the applicable architectural standards Standards or UFAS at all intersections of those the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Beginning no later than three months after the effective date of this Agreement, the Countywill provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Within three months of the effective date of this Agreement, the County will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, that have curbs repaving, or other barriers from resurfacing a street level pedestrian walkway. The plan and timetable must be approved by walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have curbs or other barriers from places where a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15walkway identified under this paragraph intersects with a street, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFASroad, or 2010 ADA Standards On or highway. Beginning no later than three months after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26, 1992, intersect with a street, road, or highway. The plan and timetable must be approved by the United States and will specify completion of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) years. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within one 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 B employees and contractors B 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 ▇▇▇ will confirm to ▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the United States that effective date of this Agreement, and throughout the life of the Agreement, the County has provided curb ramps will do the following: Establish, implement, and post online a policy that its web pages will be accessible, and create a process for implementation Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; Provide a way for online visitors to request accessible information or other sloped areas where required services by posting a telephone number or e-mail address on its home page; and Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the 2010 requirements of 28 C.F.R. §35.151, including applicable architectural standards. The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. §35.151, including applicable architectural standards. The elements or features of the County´s facilities that do not comply with the Standards, including those listed in Attachments I, J, and K, prevent 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. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within three months 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. Newly Constructed Facilities: In order to ensure that the following 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 Attachments I and M. Altered Facilities: In order to ensure that the following 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 Attachments J and M. Program Access in 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 Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA Standardsfor those County facilities and programs that were not reviewed by the Department. Within twelve months of the effective date of this Agreement, the County 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 County, 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 County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and.M.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) months of the effective date of this Agreement, the County City will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than nine months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than nine months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within 1 month 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 H to this Agreement (it is also available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the City will confirm do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The City will ensure that all buildings and facilities constructed by or on behalf of the United States that the County has provided curb ramps or other sloped areas where required that City are constructed in full compliance with the 2010 requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The City will ensure that alterations to City facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The elements or features of the City´s facilities that do not comply with the Standards, including those listed in Attachments I, J, K, and L, prevent persons with disabilities from fully and equally enjoying the City´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. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement. 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. 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 will take the actions listed in Attachment I. 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 will take the actions listed in Attachment J. 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, the City will take the actions listed in Attachment K. Facilities and Programs Not Surveyed by the Department: The City will review compliance with the requirements of Title II of the ADA Standardsfor those City/County 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 I, J, K, and M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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, upon request. 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. 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. 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, 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 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. 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. 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. 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. 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. If the City contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as "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 following provisions, the City will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the City´s 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. 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) six months of the effective date of this Agreement, the County City will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts ramps at particular locations. Within nine (9) six months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) five years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than six months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) six months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) five years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than six months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within one 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 ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. .The County will ensure that alterations to County facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The elements or features of the County's facilities that do not comply with the Standards, including those listed in Attachments I, J, and K, prevent 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. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within three months 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. 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 Attachments I and M. 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 Attachments J and M. Program Access in 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 Attachments K and M. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within twelve months of the effective date of this Agreement, the County 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 County, 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 County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and ▇. ▇▇▇▇▇▇▇ County Jail: Within three months of the effective date of this Agreement, the County will confirm provide access for inmates with disabilities to all of its programs, activities, and services, including accessible cells, accessible toilet rooms, and accessible showers. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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. 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. If the County's Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County shall ensure that it provides equivalent service for persons who use TTYs, 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 County 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 TTYs, as well as the training necessary to respond to callers who use the Telecommunication Relay Services. 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, 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 County 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 County's Domestic Violence Programs. 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 County's Domestic Violence Programs on the basis of disability. 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 County'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 County'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. Implement written procedures to ensure that reasonable modifications are made to the United States County'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. Implement written policies to ensure that despite any Òdrug-freeÓ policy of the County'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. If the County contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as ÒDomestic Violence ProgramsÓ), it will ensure that the County has provided curb ramps or other sloped areas where required that are in compliance entity complies with the 2010 ADA Standardspreceding provisions on its behalf. If that entity will not comply with the following provisions, the County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the County's 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. This Agreement shall not be construed to require the County 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine three (93) months of the effective date of this Agreement, the County City will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine three (93) months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards Standards, UFAS, or the 2010 Standards, as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied belowapplicable, at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or See paragraph 57 for more details regarding applicable standards. Beginning no later than three (3) months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the Standards, UFAS, or the 2010 ADA Standards Standards, as applicable, at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine three (93) months of the effective date of this Agreement, the County City will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the applicable architectural standards Standards, UFAS, or the 2010 Standards, as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied belowapplicable, at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or See paragraph 57 for more details regarding applicable standards. Beginning no later than three (3) months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County City will provide curb ramps or other sloped areas complying with the Standards, UFAS, or the 2010 ADA Standards Standards, as applicable, at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine three (93) months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine three (93) months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards Standards, UFAS, or the 2010 Standards, as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied belowapplicable, at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or See paragraph 60 for more details regarding applicable standards. Beginning no later than three (3) months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards, UFAS, or the 2010 ADA Standards Standards, as applicable, at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine three (93) months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards Standards, UFAS, or the 2010 Standards, as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied belowapplicable, at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or See paragraph 60 for more details regarding applicable standards. Beginning no later than three (3) months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards, UFAS, or the 2010 ADA Standards Standards, as applicable, at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. 47. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all County-owned streets, roads, and highways that have been constructed or altered since January 26highways, 1992; and (2) a timetable for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections of those streetsif any, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers to entry from a street all intersecting street-level pedestrian walkwaywalkways. The plan and timetable must be approved by Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have curbs or other barriers from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetableat all such intersections identified under this paragraph. Immediately upon 48. Beginning no later than one month of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street street-level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards49. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all street County-owned street-level pedestrian walkways walkways, if any, that have been constructed or altered since January 26, 1992; and (2) a timetable for providing curb ramps , that have curbs or other sloped areas complying with the applicable architectural standards at barriers to entry from all places where those street level pedestrian walkways constructed or altered since January 26intersecting streets, 1992roads, intersect with a streetand highways. Paving, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street street-level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date 50. Beginning no later than three months of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards.PHYSICAL CHANGES TO FACILITIES

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County Town will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County Town will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County Town will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County Town will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County Town will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County Town will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County Town will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS Within one month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the Town 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 Town (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 ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the Town will confirm do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES The Town will ensure that all buildings and facilities constructed by or on behalf of the United States that the County has provided curb ramps or other sloped areas where required that Town are constructed in full compliance with the 2010 requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The Town will ensure that alterations to Town facilities are made in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards. The elements or features of the Town facilities that do not comply with the Standards, including those listed in Attachments I, J, K, and , prevent persons with disabilities from fully and equally enjoying the Town 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. The Town will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within three months of the effective date of this Agreement, the Town 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. Newly Constructed Facilities: In order to ensure that the following spaces and elements in Town facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the Town will take the actions listed in Attachments I and M. Altered Facilities: In order to ensure that the following spaces and elements in Town facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the Town will take the actions listed in Attachments J and M. Program Access in Existing Facilities: In order to ensure that each of the Town 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 Town will take the actions listed in Attachments K and M. Facilities and Programs Not Surveyed by the Department: The Town will review compliance with the requirements of title II of the ADA Standardsfor those Town facilities and programs that were not reviewed by the Department. Within twelve months of the effective date of this Agreement, the Town 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 Town, 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 Town facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and M. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the Town owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following: 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. 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. If the Town‘s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the Town 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 Town 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. 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, 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 Town 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 inservice 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 Town‘s Domestic Violence Programs. 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 Town‘s Domestic Violence Programs on the basis of disability. 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 Town‘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 Town‘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. Implement written procedures to ensure that reasonable modifications are made to the Town‘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. Implement written policies to ensure that despite any “drug-free” policy of the Town‘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. If the Town contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as “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 following provisions, the Town will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the of the Town‘s 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. This Agreement shall not be construed to require the Town 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.

Appears in 1 contract

Sources: Settlement Agreement

Sidewalks. Within nine (9) three months of the effective date of this Agreement, the County will implement and report to the ▇▇▇ and the United States Department its written process for requesting soliciting and receiving input from people persons with disabilities regarding the accessibility of its sidewalks, including including, for example, requests to add curb cuts at particular locations. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying Department all streets, roads, and highways that have been constructed or altered since January 26, 1992; and (2) . Paving, repaving, or resurfacing a timetable street, road, or highway is considered an alteration for providing curb ramps or other sloped areas complying with the applicable architectural standards at all intersections purposes of those streets, roads, and highways that have been constructed or altered since January 26, 1992, that have curbs or other barriers from this Agreement. Filling a street level pedestrian walkway. The plan and timetable must be approved by pothole is not considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered. Annually, the ▇▇▇ will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the 2010 ADA Standards. Within nine (9) three months of the effective date of this Agreement, the County will identify and report to the ▇▇▇ and the United States: (1) a plan for identifying all street level pedestrian walkways 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 places where those street level pedestrian walkways constructed or altered since January 26. Paving, 1992, intersect with a street, roadrepaving, or highway. The plan and timetable must be approved by resurfacing a walkway is considered an alteration for the United States and will specify completion purposes of all required curb ramps or other sloped areas complying with the applicable architectural standards within three (3) yearsthis Agreement. Within three (3) years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, Standards or UFAS at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, identified under this paragraph intersects with a street, road, or highway. Date of Construction or Alteration Applicable Standards Before September 15, 2010 1991 ADA Standards or UFAS On or Beginning no later than three months after September 15, 2010, and before March 15, 2012 1991 ADA Standards, UFAS, or 2010 ADA Standards On or after March 15, 2012 2010 ADA Standards Annually, the ▇▇▇ will confirm to the United States that Yakima County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and timetable. Immediately upon the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway. AnnuallyWEB-BASED SERVICES AND PROGRAMS 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 F to this Agreement (it is also available at ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇). Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will confirm do the following: Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation; Ensure that all new and modified web pages and content are accessible; Develop and implement a plan for making existing web content more accessible; 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 Periodically (at least annually) enlist people with disabilities to test its pages for ease of use. PHYSICAL CHANGES TO FACILITIES 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 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. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement. Within six months 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. Newly Constructed Facilities: In order to ensure that the spaces and elements in County facilities that are subjects of this Agreement, 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. Altered Facilities: In order to ensure that the spaces and elements in County facilities that are subjects of this Agreement, 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. 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. PROGRAM MODIFICATIONS 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. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE If the County owns or operates any programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as "Domestic Violence Programs"), within three months of the effective date of this Agreement, it will do the following: 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, upon request. 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. If the County's Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County 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 County 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. 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, 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 County 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 inservice 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 County's Domestic Violence Programs. 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 County's Domestic Violence Programs on the basis of disability. 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 County'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 County'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. Implement written procedures to ensure that reasonable modifications are made to the United States County'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. Implement written policies to ensure that despite any "drug-free" policy of the County'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. If the County contracts with another entity to provide or operate Domestic Violence Programs, it will ensure that the County has provided curb ramps or other sloped areas where required that are in compliance entity complies with the 2010 ADA Standardspreceding provisions on its behalf. If that entity will not comply with the following provisions, the County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities. Some of the County's 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. This Agreement shall not be construed to require the County 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.

Appears in 1 contract

Sources: Settlement Agreement