SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CALIFORNIA DEPARTMENT OF GENERAL SERVICES DEPARTMENT OF JUSTICE COMPLAINT NUMBER XX 1. This matter was raised during the course of an investigation of a complaint against a local Public Safety Answering Point (PSAP) by the Department of Justice filed under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. SS 12131-12134. The complaint alleged that the PSAP failed to provide direct access to its 9-1-1 emergency services for individuals who use telecommunications devices for the deaf (TDD's). The California Department of General Services has provided a statewide TDD translation service, which was designed to be handled as a three-way conference call between the calling party, the PSAP operator, and the translation service operator. One of the specific allegations investigated was that the PSAP as well as other PSAPs in California merely transferred TDD 9-1-1 calls to the translation service, resulting in the inappropriate handling of the TDD 9-1-1 calls. 2. The parties to this Settlement Agreement ("Agreement") are the United States of America and the State of California Department of General Services. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from taking further enforcement action against the Department of General Services with respect to the issues addressed herein. In the interest of securing compliance by voluntary means, the parties have entered into this Agreement and agree to the terms set forth below. 3. By signing this Agreement, the Department of General Services does not admit that its TDD translation services constitute a violation of the ADA or its implementing regulation. 4. The ADA applies to the Department of General Services because it is a public entity as defined in Title II of the ADA and the Title II regulation. 42 U.S.C. S 12115; and 28 C.F.R. S 35.104. 5. Within 30 days of the effective date of this Agreement, the Department of General Services will send to every California PSAP and 9-1-1 County Coordinator of record, a information memorandum regarding these agency's responsibilities under Title II to provide direct access to their telephone emergency services for individuals who use TDD's. This directive will be sent by certified, return receipt requested, U.S. mail and will include the following attachments provided by the Department of Justice: * A copy of this signed agreement between the United States of America and the California Department of General Services, Department of Justice Complaint Number 204-11E-108. * A copy of the Department of Justice letter referencing complaint number 204-11E-108, dated December 12, 1995, addressed to Allan Tolman, Chief of Telephone & Network Services, Department of General Services from Robert J. Mather, Trial Attorney of the Disability Rights Section, United States Department of Justice. * Title II Regulation under the Americans with Disabilities Act (ADA). * The Title II Technical Assistance Manual and update. * The Emergency Access Self Evaluation (EASE) manual. The Department of General Services directive will advise the PSAPs to evaluate their telephone emergency services to determine whether they provide direct access for individuals who use TDD's and to take immediate action, whenever necessary to provide such direct access. The directive also advises that for those PSAPs that do not have 9-1-1 TDD equipment or for those that use the State provided emergency 9-1-1 TDD translation service as the sole or primary means of providing TDD access, the PSAPs must undertake action as expeditiously as possible to ensure that their telephone emergency services will be directly accessible to individuals who use TDD's. The directive also states that the Department of General Services supports the goal of providing direct access to each answering position within the PSAP's telephone emergency services system, but allows each PSAP the flexibility to determine what 9-1-1 TDD technology and training requirements are appropriate for their system. The directive also provides that the Department of General Services will reimburse PSAPs for the TDD 9-1-1 equipment purchased to provide direct access to TDD callers. 6. The Department of General Services agrees to discontinue its TDD translation services at the conclusion of the present contract, which expires on July 1, 1997. 7. At the conclusion of the procurement approval phase of this agreement, and for the next three years, the Department of General Services will submit an annual report to the Department of Justice detailing the actions the Department of General Services has taken to comply with the preceding provisions. This report will list all agencies in receipt of this agreement and will note those agencies who have taken advantage of reimbursement. 2 8. This Agreement is a public document. A copy of this Agreement or any information contained in it, may be made available to any person. The Department of General Services will provide a copy of this Agreement to any person on request. 9. 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. 10. The effective date of this Agreement is the date of the last signature below. 11. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions. This Agreement is limited to the facts set forth in paragraph 1 concerning the State's TDD translation services. This Agreement does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the Department of General Services' continuing responsibility to comply with all aspects of Title II of the ADA. For the State of California For the United States: Department of General Services: ALLAN TOLMAN, Chief JOHN L. WODATCH Telephone & Network Services JOAN A. MAGAGNA Depart. of General Services ROBERT J. MATHER State of California Attorneys 601 Sequoia Pacific Blvd. Disability Rights Section Sacramento, California Civil Rights Division 95814-0282 U.S. Department of Justice PO Box 66738 Washington, DC 20035-6738 Date 3-8-96 Date March 14, 1996 Attachments 3 STATE OF CALIFORNIA-STATE AND CONSUMER SERVICES AGENCY PETE WILSON, Governor DEPARTMENT OF GENERAL SERVICES TELECOMMUNICATIONS DIVISION ILLEGIBLE01 SEQUOIA PACIFIC BOULEVARD SACRAMENTO, CA 95814-0282 (916) 657-9903 March 18, 1996 Information Memorandum To: 9-1-1 County Coordinators Public Safety Answering Point Managers This informational memorandum is to alert you that the TDD (Telecommunications Device for the Deaf) translation service, provided for your use by the 9-1-1 Program office, will be discontinued as of July 1, 1997, and that direct access for TDD users is the sole responsibility of your agency. Attachments to this memorandum will further explain this important change in serving arrangement and provide you with the basic tools you will need to ensure your agency's telephone emergency service is in compliance with Title II of the Americans with Disabilities Act (ADA). California's 9-1-1 Program has traditionally provided third party emergency translation services for all 9-1-1 PSAPs in the State. This service has included translations for 9-1-1 callers who use a TDD for telecommunications. Our 9-1-1 Program has been notified by the Civil Rights Division of the United States Department of Justice that our TDD translation service does not meet ADA requirements. Our goal is to enable you to provide excellent telephone access to emergency services for ALL 9-1-1 callers by reimbursing your agency its cost for telecommunication services and equipment needed to provide that access. In keeping with our goal, the 9-1-1 program will reimburse your agency the incremental cost for the technology needed to provide direct access at all 9-1-1 answering positions for TDD users. To qualify for this initial reimbursement, you must submit your procurement plan to the 9-1-1 Program office no later than 5:00 PM, Friday, May 31, 1996. In your TDD procurement plan, please: * Describe how you will provide "direct" access for TDD callers. * List the manufacturer and quantity of the technology you plan to purchase. * Obtain a vendor quote good for 90 days. * Request that the 9-1-1 Program commit to an estimated reimbursement amount equal to your cost for procurement, installation and five (5) years of maintenance. The 9-1-1 Program commits to determine your approved reimbursement amount and to respond to you within 30 calendar days from receipt of your request or no later than 5:00 PM, Friday, June 28, 1996. You will be expected to submit a firm order to your vendor no later than 5:00 PM, Wednesday, July 31, 1996. After your TDD technology has been installed, tested and works to your satisfaction, you may submit your reimbursement request to the State 9-1-1 Program. Please contact your 9-1-1 Analyst for clarification. 9-1-1 County Coordinators -2- March 18, 1996 Please be aware that ADA law contains language that states, if your agency has local procurement rules that would delay compliance, then you must change the procurement rules. This language should help you justify sole source or some other means of expedited procurement. If your PSAP needs to continue to rely on the State 9-1-1 Program provided TDD translation service until your "direct" TDD access is ready, you need to take the following precaution. This service can only be used in "conference" mode. That is to say, when you add the TDD translation service to an emergency call from a TDD user, you must remain on the line for the entire duration of the call. The TDD translation service can only act as a translator, they cannot dispatch emergency services nor can they make any decisions regarding the handling of the call. Please refer to the "Interim Instructions For The Authorized Use Of The State Provided 9-1-1 TDD Translation Service" document attached. Present 9-1-1 Program policy reimburses your agency for all telephone equipment and services required to deliver the emergency call to your PSAP communications center. Once the call is answered, it is your agency's responsibility to complete the operation and dispatch the appropriate emergency response. Getting the call to your PSAP is only part of the process. I make this distinction between 9-1-1 call delivery and call completion to help frame the following advice: * Obtain the assistance of your agency's executive management for the proper interpretation of the ADA law as it pertains to your PSAP's operation. * Establish and implement policies, practices and procedures to treat silent open lines as potential TDD calls and respond accordingly. * Involve members of your community that use TDD/TTY devices to communicate. Seek their assistance in reviewing your self-evaluation and TDD access plan. Ensure your center's success by having your "direct" access solution tested by the people who will use it! * Develop and implement a TDD training plan for your center that works. Schedule systematic refresher sessions that include points such as: * TDD communication abbreviations: GA, SK, etc. * The confusing differences in grammatical structure. * The proper operation of your center's TDD devices. * The speed and accuracy of typed messages. * Always test your center's effectiveness by asking yourself if access and service provided for TDD 9-1-1 callers is equivalent to access and service offered to voice 9-1-1 callers? For questions regarding the proper operational aspects of direct TDD call access or the ADA regulations as outlined above, please call the ADA Information Line at: 800-514-0301 (voice) or 800-514-0380 (TDD) 10:00 AM - 6:00 PM Eastern time, Monday, Tuesday, Wednesday and Friday 1:00 PM - 6:00 PM Eastern time on Thursdays. Announce that your call is regarding a: "California 9-1-1 TDD Access Issue." 9-1-1 County Coordinators -3- March 18, 1996 If your PSAP is one of the many that already provides direct access for TDD callers, you may want to consider the following options: * Apply for a retroactive 9-1-1 Program reimbursement. Submit your request as a TDD procurement plan described previously, along with proof of procurement. * Take a fresh look at your TDD emergency access service. This reimbursement opportunity may afford you the ability to upgrade your TDD service and move into one of the newer integrated system technologies. If your PSAP equipment is scheduled for replacement in the near future, you may qualify for replacement with an integrated TDD solution. Whatever your situation, we are pleased to offer TDD technology as a 9-1-1 Program benefit and look forward to working with you on this important project! Questions about TDD technology and 9-1-1 Program reimbursement may be directed to your agency's 9-1-1 Analyst (see the attached 9-1-1 Analyst by County assignment list). Thank you for allowing us to assist you in providing one of the most effective and respected emergency response systems in the world. Sincerely, LEAH A. SENITTE 9-1-1 Program Manager Emergency Telecommunications System Section LAS:dc List of enclosures: * List of 9-1-1 Analysts by County assignment. * List of California organizations that support people who use TDDs. * Interim Instructions For The Authorized Use Of The State Provided 9-1-1 TDD Translation Service. * Envelope containing the following DOJ specified documentation: * A copy of the signed agreement between the United States of America and the California Department of General Services, Department of Justice Complaint Number 204-11E-108. * A copy of the Department of Justice letter referencing complaint number 204-11E-108, dated December 12, 1995, addressed to Allan Tolman, Chief of Telephone & Network Services, Department of General Services from Robert J. Mather, Trial Attorney of the Disability Rights Section, United States Department of Justice. * Title II Regulation under the Americans with Disabilities Act (ADA). * The Title II Technical Assistance Manual and update. * The Emergency Access Self Evaluation (EASE) manual.