AGREEMENT Made ______________________________, 1997 B E T W E E N The City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania (the City) A N D The United States of America (the United States). WHEREAS, the City operates a 9-1-1 Center in its Department of Public Safety's Emergency Operations Center which must provide public services in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C.  12101 et seq., (the ADA); and WHEREAS, the City seeks to improve the accessibility of its 9-1-1 services for those individuals who use telecommunications devices for the deaf (TDD's) and ensure the effective processing of TDD calls; 01-07232 WHEREAS, the City seeks to reaffirm its ongoing compliance with the ADA, although no complaint has been filed nor has there been any judicial finding of liability under the ADA, and avoid expensive and time consuming litigation with the United States although there has been no judicial finding of liability against the City under the ADA; NOW THEREFORE, the City and the United States hereby agree as follows: 1. TECHNOLOGY - The City has procured and installed sixteen (16) stand alone TDD devices to enable each 9-1-1 call taker to respond directly to TDD callers, to make call backs and to ensure that backup equipment will be available in case of emergency or malfunction. 2. POLICIES - Each call taking position is equipped with a stand alone TDD, and the City requires all of its telecommunications officers (TCO's) to test any silent open line to determine whether it is a TDD call. 3. TRAINING - In order to ensure the proper operation of TDD's and related equipment as well as the effective processing of TDD calls, the City shall continue to provide comprehensive training for all of its TCO's which shall include: a. general information about Title II of the ADA b. general information about communication with individuals with hearing and/or speech impairments c. general information about American Sign Language d. practical instruction on identifying and processing TDD calls -2- 01-07233 e. practical instruction on the proper syntax and protocols for responding to TDD and relayed calls. This training is included in the course of study required for all newly hired TCO's and shall also be incorporated in the refresher training given to all TCO's in order to maintain acceptable skill levels. The above-described training shall begin within ninety (90) days of the date of this agreement. 4. TELEPHONE DIRECTORY - Within ninety (90) days of the date of this agreement the City shall formally request that Bell Atlantic Telephone Company send a monthly billing insert to all customers and change the text of its published directories to read as follows: "TDD users: Once your 9-1-1 call is answered, pressing a TDD key several times may shorten the time necessary to respond to your call." 5. PUBLIC EDUCATION - Within ninety (90) days of the date of this agreement, the City shall contact local organizations which organize social and educational activities for individuals who are hearing impaired and inform these organizations of the availability of City representatives to attend public meetings, and explain the operations of its 9-1-1 system including the TDD call response practices. 6. AUDIT - The City acknowledges the United States authority to conduct routine compliance reviews. 7. TESTING - The City will conduct unannounced test TDD calls on each TCO at least once in each quarter. For the two (2) years following the effective date of this agreement the City will maintain records which will include the following information: -3- 01-07234 1. The date and time of each test. 2. The work station tested. 3. Whether the tester was silent or transmitted a tone to the TCO. 4. The amount of time from the initiation of the call until the TCO responds. 5. Whether the TCO processes the call in compliance with Departmental policies. If testing indicates a deficiency in service or a lack of adherence to established procedures, then the City will take appropriate remedial action and maintain records of the actions taken. 8. LIABILITY - There has been no judicial or agency finding that the City has violated the ADA with respect to the operations of its 9-1-1 system in providing services for the hearing impaired. No complaint or charge of any ADA violation has been filed against the City. This agreement is entered into as a result of a routine compliance review and shall not be construed as an admission of liability by the City. This agreement is fully enforceable and failure to enforce the entire agreement or any provision thereof shall not constitute a waiver of enforceability with respect to any other portion of the agreement. -4- 01-07235 IN WITNESS WHEREOF, the City and the United States have executed this agreement on the day and year first above written. UNITED STATES OF AMERICA CITY OF PITTSBURGH (Signature) _________________________ Frederick W. Thieman Jacqueline R. Morrow United States Attorney City Solicitor Jessica Lieber Smolar John S. Rowntree Assistant U.S. Attorney Chief of Communications Department of Public Safety 7/1/91 5/30/97 _____________________ ____________________ Date Date -5- 01-07236