SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CITY OF FORT LAUDERDALE, FLORIDA DEPARTMENT OF JUSTICE COMPLAINT NUMBER XXXXXX This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice (Department of Justice) against the City of Fort Lauderdale (City) regarding its 9-1-1 services. Allegedly, the City, in the provision of telephone emergency services, including 9-1-1 services, failed to respond properly to calls made by an individual who used a telecommunications device for the deaf (TDD), and did not provide the individual with the services in a manner that was as effective as those provided to other telephone users. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the City with Title II of the ADA and the Justice Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C.  12133, to bring a civil action enforcing Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. The parties to this Agreement are the United States of America and the City of Fort Lauderdale. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing civil suit in this matter. In the interest of securing compliance by voluntary means, the parties hereby agree as follows: 1. The City does not admit by the signing of this Agreement that the operation of its current services, policies, and practices, including those involved in the operation of its 9-1-1 01-04809 - 2 - services, is in violation in any respect with the ADA or its implementing regulation. 2. The ADA applies to the City because it is a public entity as defined in the Department of Justice's regulation implementing Title II. 28 C.F.R.  35.104. 3. The subject of this Settlement Agreement is the provision of direct access to the City's telephone emergency services (including 9-1-1) for individuals who use TDD's, and the development of policies and procedures to ensure that the services provided to individuals who use TDD's are as effective as those provided to other telephone users. TECHNOLOGY 4. In order to provide direct access by TDD to the telephone emergency services that is as effective as that provided to voice telephone users, the City agrees to: a. Install a minimum of one TDD per two consoles. b. Acquire additional TDD's to ensure that backup equipment will be provided in case of an emergency or TDD malfunction. c. Include TDD equipment in power failure contingency plans. d. Evaluate the feasibility of incorporating technological advancements to provide direct access for users of computer modems. e. Complete the actions specified in paragraphs 4.a. and 4.c. within 120 days of the effective date of this Agreement. f. Continue the action specified in paragraph 4.d. POLICIES, PRACTICES, AND PROCEDURES. 5. The City has established, and will continue to maintain, a working relationship with individuals who are deaf, hard of hearing, or who have speech impairments to evaluate the City's 9-1-1 policies, practices, and procedures. 6. The City agrees to modify its current policies, practices, and procedures, where necessary to ensure effective processing of TDD calls. 7. In order to ensure effective processing of TDD calls, the City agrees to: 01-04810 - 3 - a. Establish procedures to ensure that 9-1-1 call-takers recognize TDD tones and "silent" open lines. 9-1-1 call-takers will consider a "silent" open line as a potential TDD call and will respond accordingly. These procedures will be incorporated into the Standard Operating Procedures. b. Evaluate its Standard Operating Procedures pertaining to the processing of TDD calls, including call-back capability, and modify these procedures whenever necessary to ensure effective processing of TDD calls. c. Complete the actions specified in paragraphs 7.a. through 7.b. on or before 120 days of the effective date of this Agreement. TRAINING 8. In order to ensure the proper operation of TDD's and related equipment and effective processing of TDD calls by 9-1-1 call-takers, the City agrees to provide comprehensive training for every 9-1-1 call-taker, including new hires. The training includes: a) general information about Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act; b) general information about communication issues regarding individuals who are deaf or hard of hearing, or who have speech impairments, including information about American Sign Language; and c) practical instruction on identification and processing of TDD calls, including the handling of calls and the importance of syntax and TDD protocol when responding. 9. Beginning on the effective date of this Agreement, the City will instruct all of its 9-1-1 call-takers and others who are in any way responsible for the provision of telephone emergency services to comply with the provisions of this Agreement. 10. The City agrees to: a. Establish criteria and test each trainee's competency at the conclusion of the training described in paragraph 8. b. Develop and implement a supplemental training plan for any 9-1-1 call-taker who does not satisfactorily complete the required training. c. Provide a refresher training course every six months over a period of two years to maintain skill level and provide information on changing technologies. d. Document all training provided, including each 9-1-1 call-taker's title and the date each received training, and 01-04811 - 4 - provide a copy of the documentation to the Department of Justice upon request. e. Commence the actions specified in paragraphs 10.a. through 10.d. on the effective date of this Agreement and continue these actions for two years following the date of this Agreement. NOTIFICATION 11. In order to inform members of the public regarding the provisions of Title II and their applicability to the City's telephone emergency services, the City will publish, within 30 days of the effective date of this agreement, the following notice or an equivalent on two separate occasions in a newspaper of general circulation serving Fort Lauderdale, Florida. In accordance with the requirements of Title II of the Americans with Disabilities Act, the City of Fort Lauderdale will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. Individuals who use telecommunications devices for the deaf (TDD's) will be provided direct access to the City's telephone emergency services, including 9-1-1 services. The City will provide telephone emergency services to individuals who use TDD's that are as effective as those provided to others. 12. The City will provide a copy of the notice to any person upon request. PUBLIC EDUCATION 13. The City agrees to initiate the development and implementation of a public education program to promote the use of 9-1-1 by individuals who use TDD's. This program includes the following: developing and distributing written materials, brochures, and open-captioned videotapes; publishing information in telephone directories regarding direct access to 9-1-1 by individuals who use TDD's; and broadcasting open-captioned Public Service Announcements. TESTING AND AUDIT 14. Within 120 days of the effective date of this Agreement, the City agrees to: a. Submit draft protocols for testing procedures for conducting routine TDD test call; also, maintain documentation of TDD test calls and provide a copy to the 01-04812 - 5 - Department of Justice upon request. Documentation will include the position of the test caller; date, time, and zone of the test call; identification of the call as "silent" or transmitting tones; time required to establish communication with 9-1-1 personnel; total time required to hand-off call to EMS or Fire personnel; terminology used; and any other pertinent information. The testing procedures will be implemented after review by the Department of Justice. b. Audit, on a semi-annual basis, the quality of service provided to TDD users and the adequacy of the maintenance of TDD's and related equipment. Such semi-annual audits will continue for two years after the date of this Agreement. The audits will document the time elapsed from initiation of the TDD call at the Center until the Center responds; and the number and status of TDD calls (e.g., disconnected, hung-up, or answered); and the percentage of TDD calls answered within ten seconds. PROGRESS REPORT 15. Within 150 days of the effective date of this Agreement, the City will submit a report to the Department of Justice detailing the actions it has taken to comply with the preceding provisions. This report will include copies of notices published in the newspapers. The City will use terminology in the report that is consistent with terminology used by the City regarding its functions and positions. The City will send similar reports to the Department of Justice semi-annually for two years. IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT 16. This Agreement is a public document. A copy of this document or any information contained in it, may be made available to any person. The City will provide a copy of this Agreement to any person on request. 17. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 18. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 01-04813