SETTLEMENT AGREEMENT The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and the Indianapolis Airport Authority (the "IAA"). The parties agree as follows: 1. PURPOSE. This matter was initiated by a 9-1-1 compliance review of the Indianapolis Airport under Title II of the Americans With Disabilities Act ("ADA"), 42 U.S.C.  12131-12134, by the United States Attorney's Office, Southern District of Indiana, on behalf of the Department of Justice's Civil Rights Division. The purpose of this Agreement is to resolve certain issues that were raised as part of this compliance review by way of a voluntary agreement. 2. APPLICABILITY OF THE ADA. The ADA applies to the IAA because it is a public entity within the meaning of 42 U.S.C.  12131(1). 3. NON-ADMISSION. The IAA denies that any action it has taken constitutes a violation of the ADA. This Agreement shall not be construed as an admission of liability by the IAA. The IAA also agrees that it will abide by all of the requirements of the ADA with respect to the matters contained in this Agreement. 4. SUBJECTS OF AGREEMENT. The main subject of this Agreement is the provision of direct access to the IAA's 9-1-1 services for individuals with disabilities who use telecommunications devices for the deaf ("TDDs"), and the development of policies and procedures to ensure that the IAA's 9-1-1 services provided to individuals who use TDDs are as effective as those provided to other telephone users. The other subject is the establishment of procedures to ensure that pay phones in the airport concourses with TDD capabilities are fully operational. 5. INSTALLATION OF TDD EQUIPMENT. The IAA agrees that it will, within 90 days of the date of this Agreement: a. Install sufficient TDD equipment so that each answering position at the IAA dispatch center has the capability to respond directly to callers who use TDDs and make call-backs; b. Include TDD equipment in power failure contingency plans; and c. Maintain and record TDD calls in the same manner that IAA currently maintains 9-1-1 emergency call records. 01-05181 6. POLICIES, PRACTICES, AND TRAINING PROCEDURES. The IAA shall, within 90 days of the date of the Agreement, establish and implement policies, practices, and training procedures to ensure that: a. All 9-1-1 call-takers recognize incoming TDD tones and respond appropriately via TDD; b. All 9-1-1 call-takers consider "silent" open lines as potential TDD calls and respond accordingly; and c. All 9-1-1 call-takers receive practical instruction on identifying and processing of TDD calls, including the importance of using proper syntax and protocol when responding to TDD calls and relayed calls. The IAA shall incorporate these policies, practices, and training procedures into its Standard Operating Procedures within 90 days of the date of this Agreement. For current employees, any necessary training to comply with this Paragraph 6 shall take place as soon as possible, but no later than 90 days after the effective date of this Agreement. For new employees, the training required pursuant to this Agreement shall be included as part of the regular training or instruction program and shall be conducted prior to a new employee assuming duties as a call-taker. To ensure the effectiveness of its training, the IAA shall: a. Utilize the Telecommunications for the Deaf, Inc.'s Emergency Access Self-Evaluation program or its equivalent to establish criteria and test each trainee's competency at the conclusion of the training described above; b. Employees shall be subject to recurrent training as deemed necessary by IAA to comply with this Agreement; c. Provide a refresher training course every six months over a period of two years from the effective date of this Agreement in order to maintain call-taker's skill levels; and d. Document all training provided, including each 9-1-1 call-taker's employee number, title and the date of training and provide copies of such records to the U.S. Attorney's Office upon request. 7. TEST AND AUDIT. Within 90 days of the effective date of this Agreement, the IAA shall, on at least a quarterly basis, conduct TDD test calls on each shift to each call-taking position. These tests shall be unannounced and shall be documented to include the date and time of the test, the call-taker position, identification of the call as "silent" or transmitting tones, time elapsed from the initiation of the TDD 01-05182 call until the 9-1-1 call-taker responds, and whether the call was processed properly and efficiently according to departmental policies and training directives. If testing reveals inadequacies in the handling of TDD calls, the IAA shall take immediate remedial action that may include as appropriate: additional training, and additional policy or procedural changes. 8. MISCELLANEOUS. The IAA shall, within 90 days of the date of this Agreement: a. Ensure that employees working at the Airport Information area are trained to use the TDD and effectively communicate with hearing impaired callers. This training shall comply with the provisions of paragraph 6 above; and b. Ensure that the pay phones in the Airport concourse with TDD capabilities are fully operational and prominently display directions for TDD use. 9. PROGRESS REPORT/INSPECTIONS. Within 120 days of the effective date of this Agreement, the IAA will submit a report to the United States Attorney detailing the actions it has taken to comply with the preceding provisions. In addition, the IAA will permit representatives from the U.S. Attorney's Office and/or the Civil Rights Division, upon reasonable notice, to inspect the premises of the Airport to verify compliance with this Agreement. 10. AGREEMENT NOT TO PROSECUTE. Provided that the IAA fully complies with all terms of this Agreement, the United States will not bring a civil action to enforce the IAA's compliance with Title II of the ADA as it relates to 9-1-1 service for a two-year period following the effective date of this Agreement; provided, however, that this shall not limit the United States' ability to enforce this Agreement as set forth in paragraph 11. 11. ENFORCEMENT. If the United States believes that this Agreement or any requirement in this Agreement has been intentionally violated, it may institute a civil action in the Southern District of Indiana or any other appropriate District Court to enforce the terms of this Agreement. 12. NON-WAIVER. Failure by the United States to enforce any provision(s) of this Agreement shall not be construed as a waiver of its right to do so with regard to any other provision(s) of this Agreement. 13. PUBLIC DOCUMENT. This Agreement is a public document. Copies of this agreement shall be made available to any person by either party. 01-05183 14. ENTIRE AGREEMENT. This Agreement sets forth the complete Agreement between the parties. In entering into this Agreement IAA does not rely on any representation or statement not set forth herein. 15. EFFECTIVE DATE. The effective date of this Agreement is the date of the last signature below. 16. AUTHORITY TO BOND. The persons signing below represent that they have the authority to bond the parties they represent with respect to all matters set forth herein. INDIANAPOLIS AIRPORT AUTHORITY: FOR THE UNITED STATES: JUDITH A. STEWART United States Attorney (Signature) (Signature) by __________________________ _______________________________ Michael W. Wells Judith A. Stewart President United States Attorney (Signature) Date 5-2-97 (handwritten) by______________________________ Tim Baker Assistant United States Attorney Date 6/5/97 (handwritten) 01-05184