BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Laramie, Wyoming ("City") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35, and not as the result of a complaint being filed. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section (DRS) of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992 and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. §35.105;

• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulations, 28 C.F.R. §35.106;

• to designate a responsible employee to coordinate its efforts to comply and carry out the City's ADA responsibilities, 28 C.F.R. § 35.107(a);

• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);

• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

• delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,

• physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");

• to ensure that facilities for which construction or alteration was begun after January 26, 1992 are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. §35.151;
• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. §35.160;
• where the City communicates by telephone, to communicate through a telecommunications device for the deaf (TDD), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. §35.161;

• to provide direct access via TDD or computer to telephone emergency services, including 911 services, for persons who use TDD's and computer modems, 28 C.F.R. §35.162;
• to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. §35.163(a);
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: Albany County Detention Center, LaPrele Park, Kiwanis Park, Fire Department, Street Shop, City Hall Annex, City Hall, Fire Station #2, Cemetery Office, Harbon Park, Animal Shelter, Parks Building, Water Department, LaBonte Park, Fort Sanders Center, Washington Park, Edgar J. Lewis Band Shell, Optimist Park, Undine Ice Rink, Sandy Aragon Softball Complex, University of Wyoming Little League Complex, University of Wyoming Cowboy Field, Kiowa Park, and O'Dell Park. Of those facilities, Kiwanis and LaPrele Parks constitute new construction commenced after January 26, 1992. The following constitute alterations that commenced after January 26, 1992: City Hall Annex 1^st floor restrooms, ramp to entrance, elevator; area of rescue; City Hall main floor restrooms and elevator; Animal Control Shop restrooms; ramp to Cemetery House; Parks Shop restrooms; and Police Department renovations.

JURISDICTION

1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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 fail to secure voluntary compliance.

3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

ACTIONS TAKEN BY THE CITY

4. The City conducted a self-evaluation in 1984 to comply with § 504 of the Rehabilitation Act. It developed a transition plan in July 1992 and updated the self-evaluation and plan in November 1993. The documents show a thorough review, aided by the Persons with a Disability Advisory Commission created by City ordinance. Seven citizens, including three individuals with disabilities or who are associated with individuals with disabilities, comprise the Commission.

5. In the wake of its self-evaluation, the City took steps to bring its employment policies into compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application and are prohibited in the interview process. Its policies recognize the City's obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment; to reasonably accommodate applicants and employees with disabilities upon notice of need, unless to do so causes an undue hardship; and to keep medical information confidential and separate from employees' personnel files.

6. By press release dated January 20, 1992, the City notified applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulations.

7. The City has two ADA Coordinators, one for employment and another for all other matters.

8. The City adopted its ADA grievance procedure by resolution of the City Council in April 1992. It provides for a grievance to be lodged with the Assistant City Manager (now City Manager), with an appeal to and hearing before the Advisory Commission and eventual decision by the City Council. The Commission's rules of practice and the Council's resolution are available for public inspection in the City Clerk's office.

9. The City, in 1993, reviewed its facilities and areas in which services are offered in order to evaluate and improve locations that were not easily accessible to persons with disabilities. Attached (Attachment A) is a table documenting the efforts to date made by the City to offer its disabled residents and visitors access to buildings, parks and other areas in the City.

10. The City's January 20, 1992 notice advised its citizenry of the availability of aids and services to ensure effective communication with the city. Reminders are contained in the agendas of City Council meetings and in a pamphlet entitled "Welcome to the Laramie City Council."

11. Each of the City's main departments/divisions has a TDD for communicating with the public and includes the TDD telephone number on its letterhead.

    The parties to this Agreement are the United States of America and the City of Laramie Wyoming. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

12. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

13. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("Standards") are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

EMPLOYMENT POLICIES

14. Within 3 months of the effective date of this Agreement, the City will amend its employment policies to provide that any selection criterion that has the effect of disqualifying an individual with a disability from employment based on disability must be job- related and consistent with business necessity.

9-1-1 SERVICES

15. The City has four consoles. One is used for receiving calls, one for dispatching emergency services, one as a desk for a relief employee, and one is incomplete and used for training. The City has one TDD. The City agrees to acquire additional TDD's, or an enhanced 9-1-1 ("E9-1-1"), if any of the three consoles not currently used to receive calls becomes operational for receiving calls, and to otherwise ensure that working TDD's are located at each station where calls are received.

16. The City agrees to continue to ensure that TDD calls are answered as quickly as other calls received, and are monitored for timing and accuracy, if other calls are monitored. The City will also continue to ensure that employees are trained and practiced in using a TDD to make and receive calls.

17. The City will incorporate correct TDD call taking procedures into call takers' performance evaluations, and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TDD call taking consistent with the training and procedures. The City will submit a copy of its evaluation and procedures to the Department within 90 days of the effective date of this Agreement.

EFFECTIVE COMMUNICATION

18. The City leases space in the Albany County Detention Center to hold persons who have been arrested and are awaiting trial. The Center has no TDD's through which inmates who are hearing or speech impaired can communicate with persons outside the Center, as non-hearing or speech impaired inmates do. Within one year of the effective date of this Agreement, the City will develop and implement procedures for making a portable TDD available upon request to an individual who is hearing or speech impaired and who is detained at the Center under the City's authority.

19. The interior vestibule door at the public entrance to the Police Department is locked, and requires operation of an intercom for entry. There is also a courtesy phone in the vestibule to alert the Police Department to an emergency.

    Within 6 months of the effective date of this Agreement, the City will provide a buzzer in a prominent location in the vestibule for individuals who are hearing, sight, or speech impaired, as an alternate means for requesting entry or emergency assistance, and an audible and visual signal to alert such individuals that an official is responding. See Standards § 4.3.11.4. The City will also provide informational signage with raised characters and Braille adjacent to the buzzer so that the centerline of the sign is 60 inches above the finish floor and there are no obtruding objects to within 3 inches of the sign.

SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES

20. Within 6 months of the effective date of this Agreement, the City will survey the facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible, and install signage as necessary in compliance with 28 C.F.R. § 35.163(b).

PHYSICAL ALTERATIONS

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

21. The City leases space at the Albany County Detention Center to hold persons awaiting trial. Albany County is a public entity subject to title II, and thus could be subject to an independent federal compliance review. This Agreement does not limit such future enforcement by any person or entity.

    The City will request the County to take the following actions. The request will specify that the remediations be completed within two years of the effective date of this Agreement.

1. There are two designated accessible parking spaces that share a 60-inch access aisle. Alter the spaces to provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

2. The public telephone on the exterior of the Center does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control, signage, and that has its highest operable part within the reach ranges specified in the Standards. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

3. The Center lacks consistent directional and informational signage, and signage designating permanent rooms and spaces, i.e. room numbers, exits and toilet rooms, that comply with the Standards. Install signage that complies with the Standards. §§ 4.1.3(16), 4.30.

4. Men's and Women's First Floor Toilet Rooms.

1. The lavatory in each room is mounted with the rim 35 inches above the finish floor. Reposition each lavatory so that the rim is no higher than 34 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

2. Each mirror is mounted so that the bottom of the reflecting surface is 42 inches above the finish floor. Provide a mirror in each room so that the bottom of its reflecting surface is not higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.

3. The grab bars have a space of 1 3/4 inches to 2 3/4 inches between the bars and the wall. Provide grab bars that there are exactly 1 ½ inches between each bar and the wall. §§ 4.1.3(11), 4.22.4, 4.26, 4.16.4 & Fig. 29(b).

5. The spout outlet height of the first floor drinking fountain is 43 inches from the finish floor. Provide a fountain that is accessible to a person in a wheel chair and a fountain that is accessible to those who have difficulty bending and stooping.
   §§ 4.1.3(10)(a), 4.15.

6. First Floor Inmate Holding Cell.

1. The shower stall has a one inch curb and a fixed shower head that is 71 inches high. Alter the stall so that the curb is no higher than ½ inch and there is a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower. §§ 4.1.3(11), 4.23.8, 4.21.6, 4.21.7.

2. The lavatory is mounted with the rim 35 inches above the finish floor. Alter the lavatory so that its rim is no higher than 34 inches above the finish floor or provide an accessible lavatory that complies with the Standards. §§ 4.1.3(11), 4.23.6, 4.19.2 & Fig. 31.

3. The mirror is mounted so that the bottom of the reflecting surface is 57 inches above the finish floor. Provide a mirror so that the bottom of the reflecting surface is not higher than 40 inches above the finish floor.
   §§ 4.1.3(11), 4.23.6, 4.19.6.

7. The top of the service counter in the first floor booking room is 53½ inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2.2; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheel chairs).

8. First Floor Processing Area's Inmate Toilet Room

1. The mirror is mounted so that the bottom of the reflecting surface is 53½ inches above the finish floor. Provide a mirror with the bottom of its reflecting surface no higher than 40 inches above the finish floor.
   §§ 4.1.3(11), 4.22.6, 4.19.6.

2. The centerline of the water closet (toilet) is located 16 inches from the side wall. Re-mount the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.

3. The length of the rear grab bar is 23 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig.29(a).

4. The side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and its end farthest from the back wall is located at least 54 inches from the wall. §§ 4.1.3(11), 4.22.4., 4.16.2 & Fig. 29(b).

22. The City shall complete the following alterations to LaPrele Park within two years of the effective date of this Agreement:

1. Men's and Women's Toilet Rooms.

1. The toilet rooms do not have the required signage. Install signage, using raised and Brailled characters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door.
   §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6

2. The accessible stall in each toilet room is 46½ inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room such that all of the stall's elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.22.4, 4.16, 4.17 and Figure 30(a), 4.26, 4.27.

23. The City shall make the following alterations to Kiwanis Park within two years of the effective date of this Agreement:

1. There is no accessible route from street parking into the Park. Install a curb ramp from the street to the sidewalk leading to the accessible picnic shelter.
   §§ 4.1.2(1), 4.3.8, 4.7.

2. Men's and Women's Toilet Rooms.

1. The toilet rooms do not have the required signage. Install signage, using raised and Brailled characters, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door.
   §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6

2. The accessible stall in each toilet room is 46½ inches wide . Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room such that all of the stall's elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.22.4, 4.16, 4.17 and Figure 30(a), 4.26, 4.27.

3. The playground equipment cannot be accessed because of the lack of an accessible route from the sidewalk or the street. Establish an accessible route to the playground that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.1.

In order to ensure that the following spaces in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

24. The City shall make the following alterations to the City Hall Annex within one year of the effective date of this Agreement:

1. Men's and Women's First Floor Toilet Rooms

   1. The rear grab bar in the accessible stall in each room is 35 inches long and is located 7½ inches from the side wall to the nearest end of the bar. Provide a bar that is at least 36 inches long and that is mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

   2. The end of the side grab bar does not extend at least 52 inches from the back wall. Reposition or replace the grab bar so that it begins no more than 12 inches from the back wall, it is at least 40 inches long, and the end extends at least 52 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).

   3. The toilet paper dispenser in the accessible stall in each room is located 39 inches from the back wall. Reposition the dispenser so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

   4. The door coat hook in the accessible stall in each room is located 64½ inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.6.

2. Parking.

1. The signs designating the two accessible parking spaces as reserved are located low to the ground. Reposition the signs so that each cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

2. Neither of the two accessible parking spaces is a "van-accessible" parking space. Provide at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility.
   §§ 4.1.2(5)(b), 4.6.4.

25. Within 6 months of the effective date of this Agreement, the City will review and report to the Department on whether the elevator in the City Hall Annex complies fully with the Standards. §§ 4.1.6(1)(b), 4.1.3(1), 4.1.3(5), 4.10. The City will complete any necessary physical alterations to the elevator within 6 months of the Department's written approval.

26. The City shall make the following alterations to City Hall within two years of the effective date of this Agreement:

1. Men's and Women's First Floor Toilet Rooms.

1. In each room, provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall's elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

2. In each stall, the coat hook is mounted 66-68 inches above the finish floor. Re-mount the hook so that it is not more than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.6.

3. The urinal flush control located in the men's room is mounted 46 inches above the finish floor. Reposition the control so that is mounted not more than 44 inches from the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.4.

27. The City shall make the following alterations to the Animal Control Shop within one year of the effective date of this Agreement:

1. Toilet Room.

1. The height of the lavatory provides a knee clearance of 26 inches above the finish floor. Re-mount or provide a lavatory so that there is a knee clearance of at least 29 inches above the floor to the bottom of the apron and is compliant with rim height, etc. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

2. The length of the rear grab bar is 30 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(a).

3. The door coat hook is located 64½ inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.6.

4. The room identification sign is incorrectly mounted. Move the sign, with raised and Brailled characters, to the latch side of the door so that its centerline is 60 inches from the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.6(1)(b), 4.1.3(16), 4.30.6.

28. The City shall make the following alterations to the Park Shop within one year of the effective date of this Agreement:

1. Toilet Room

1. The toilet room signage does not have Brailled characters. Modify the sign so that it has raised and Brailled characters and is mounted on the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2. The end of the side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that it begins no more than 12 inches from the back wall, it is at least 42 inches long, and the end extends at least 54 inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(b).

3. The toilet flush control is located on the closed side of the room. Alter the toilet so that the flush control is on the open (wide) side of the room. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5.

4. The height of the lavatory provides a knee clearance of 26 inches above the finish floor. Re-mount or provide a lavatory so that there is a knee clearance of at least 29 inches above the finish floor to the bottom of the apron and is compliant with rim height, etc. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

5. The hot water pipes and drain beneath the lavatory are exposed. Install insulation on them. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

29. The City shall make the following alterations to the Police Department within 6 months of the effective date of this Agreement:

1. Men's and Women's Toilet Rooms.

1. The toilet flush control in the accessible stall in each room is located on the closed side of the stall. Alter the toilet so that the control is on the open (wide) side of the stall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

2. One of the toilet paper dispensers in the accessible stall in each room is located 42 inches from the back wall. Re-mount each dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

3. The side grab bar in the accessible stall in each room is 30 inches from the finish floor. Reposition the bar so that it is 33-36 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig 30(d).

4. The hot water pipes and drain beneath the lavatories in each room are exposed. Install insulation on the pipes of one accessible lavatory in each room. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

5. The mirror in each room is mounted so that the bottom of the reflecting surface is 43½ inches above the finish floor. Provide a mirror so that the bottom of its reflecting surface is not more than 40 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.

6. The door coat hook in the accessible stall in each room is located 64 inches above the finish floor. Provide a coat hook in each accessible stall that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.6.

7. The rims of the urinals in the men's room are 24 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.

8. The urinals in the men's room are mounted so that the flush controls are located 51½ inches above the finish floor. Provide a urinal that has a flush control no higher than 44 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.4.

2. The top of the reception counter is located 41 inches above the floor. Provide a counter that is at least 36 inches long and not more than 36 inches high, or an auxiliary counter that is not more than 36 inches high in close proximity to the main counter, or provide equivalent facilitation (e.g., use of a folding shelf or use of space on the side of the counter for handing materials back and forth). §§ 4.1.6(1)(b), 7.2.2.

   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 following actions.

30. The City shall complete the following alterations to the City Hall Annex within one year of the effective date of this Agreement:

1. Men's and Women's Second Floor Toilet Rooms.

1. The height of the toilet is 15½ inches from the finish floor to the top of the seat. Replace the toilet or install a riser to increase the height of the seat so that the top of the seat is between 17 and 19 inches from the finish floor. § 4.16.3 & Fig. 29(b).

2. The side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and its end farthest from the back wall is located at least 54 inches from the wall. § 4.16.4 & Fig. 29(b).

3. There is a storage cabinet located in the women's room that is 41 inches from the face of the toilet and a chair that is 26 inches deep positioned 37 inches from the entry door. Remove this furniture in order to provide at least 56 inches minimum clear floor space for the toilet and to provide the required maneuvering clearance at the entry door. § 4.16.2 & Fig. 28.

2. The top of the first floor public service counter is located 44 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2.2; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheel chairs).

31. The City shall complete the following alterations to City Hall within two years of the effective date of this Agreement:

1. The top of the service counter in the first floor lobby is located 42 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2.2; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheel chairs).

2. The water fountain in the first floor lobby has no accessible route leading to the fountain, insufficient clear knee space, and less than the minimum clear floor space of 30 inches by 48 inches for a parallel approach. Relocate the water fountain on an accessible route so that there is sufficient clear floor space for a person in a wheel chair to make a parallel approach and sufficient clearance space, or provide a water fountain elsewhere on the first floor that complies with the Standards. § 4.15.5(1) & Fig. 27(c).

3. The City Council Chamber has no assistive listening system available. Install an adequate number of electrical outlets or other supplementary wiring in the Chamber necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage. §§ 4.1.3(19)(b), 4.30, 4.33.

4. The public telephone in the lobby does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control, signage, and that has its highest operable part within the reach ranges specified in the Standards. §§ 4.1.3(17), 4.31.2 through .8, 4.2.5, 4.2.6.

32. The City shall complete the following alterations to the Fire Department Station #2 within one year of the effective date of this Agreement:

1. Provide a writing surface in the meeting room that is usable by persons who use a wheel chair. See Standards §§ 4.32.3, 4.32.4.

2. Toilet Room.

1. The toilet room signage is mounted at a height of 64 inches above the finish floor to the centerline of the sign. Lower the sign so that its centerline is 60 inches above the finish floor. § 4.30.6.

2. The length of the rear grab bar is 24 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.16.4 & Fig.29(a).

3. The side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and its end farthest from the back wall is located at least 54 inches from the wall. § 4.16.4 & Fig. 29(b).

4. The soap dispenser is mounted so that the control is located 50½ inches above the finish floor and 23 inches from the face of the lavatory. Reposition the dispenser so that its highest operable part is not higher than 44 inches from the finish floor. §§ 4.22.7, 4.27.3, 4.2.5 & Fig. 5(b).

5. The mirror is mounted so that the bottom of the reflecting surface is 49 inches above the finish floor. Provide a mirror so that the bottom of the reflecting surface is no higher than 40 inches from the finish floor. § 4.19.6.

6. The hot water pipes and drain beneath the lavatory are exposed. Install insulation on them. § 4.19.4.

33. The City shall complete the following alterations to the Cemetery Office within one year of the effective date of this Agreement:

1. Toilet Room.

1. The mirror is mounted so that the bottom of the reflecting surface is 45 inches above the finish floor. Provide a mirror so that the bottom of the reflecting surface is no higher than 40 inches from the finish floor. § 4.19.6.

2. The side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and its end farthest from the back wall is located at least 54 inches from the wall. § 4.16.4 & Fig. 29(b).

34. The City shall complete the following alterations to Harbon Park within one year of the effective date of this Agreement:

1. There is no accessible route from street parking to the Park. Establish an accessible route from the street to the picnic table. §§ 4.1.2(1), 4.3.8, 4.5.1.

2. The playground equipment cannot be accessed because of the lack of an accessible route from the sidewalk or the street. Establish an accessible route to the playground that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.1.

35. The City shall complete the following alterations to the Animal Shelter within 6 months of the effective date of this Agreement:

1. There is no accessible parking space provided. Establish a van accessible parking space in compliance with the Standards. §§ 4.1.2(5), 4.6, 4.30.7.

2. There is a 1½ inch abrupt change in level at the end of the curb ramp leading to the parking lot. Alter this area so that the transition is flush and free of abrupt changes. § 4.7.2.

3. The entrance door has knob hardware. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9

36. The City shall complete the following alterations to the Parks Building within three years of the effective date of this Agreement:

1. There is no accessible parking space provided. Establish a van accessible parking space in compliance with the Standards. §§ 4.1.2(5), 4.1.2(7)(a), 4.6, 4.3, 4.30.7.

2. There is a ½ inch change in level at the entrance door and a 1½ inch change in level at the overhead entrance door. Alter these thresholds so that the change is no greater than ½ inch and beveled with a slope no greater than 1:2 or, at the overhead door, by installing a ramp with a slope no greater than 1:12. §§ 4.1.3(7), 4.13.8, 4.5.2, 4.8.

37. The City shall complete the following alterations to LaBonte Park within three years of the effective date of this Agreement:

1. There is an abrupt change in level greater than ½ inch at the end of the curb ramp leading from the street to the sidewalk. Alter this area so that the transition is flush and free of abrupt changes. § 4.7.2.

2. Men's and Women's Toilet Rooms - East Side of the Park.

1. The accessible stalls are 40½ inches wide (men's room) and 47 inches wide (women's room). In each room, provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.

2. There is a 1 3/4 inch change in elevation at the threshold of the entrance door to the men's room. Alter this threshold so that the change is no greater than ½ inch and beveled with a slope no greater than 1:2 or by installing a ramp with a slope no greater than 1:12. §§ 4.13.8, 4.5.2, 4.8.

3. Install signage that complies with the Standards and identifies these permanent toilet rooms as accessible. §§ 4.1.2(7) & (7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

3. The west side toilet rooms are inaccessible. Install signage at these rooms that provides directions to the accessible east side toilet rooms. §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

4. The playground equipment cannot be accessed because of the lack of an accessible route from the sidewalk or the street. Establish an accessible route to the playground equipment that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.1.

5. There is no accessible route from the parking lot to the basketball court and baseball field. Establish an accessible route from the accessible parking spaces to the court and field that complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.

6. There are no wheelchair locations in the spectator seating. Establish wheelchair locations in the spectator seating area that adjoin an accessible route and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.33, 4.5.

38. The City shall complete the following alterations to Fort Sanders Center within three years of the effective date of this Agreement:

1. Exterior Public Telephone.

1. The exterior public telephone does not have hearing aid compatibility or a volume control, and is mounted so that the coin release control is 56 inches above the concrete pad. Replace it with a telephone that is hearing aid compatible and has a volume control, provide signage that complies with the Standards, and reposition the telephone so that its highest operable part is within the reach ranges specified for a forward or parallel approach. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.30.7(2), 4.2.5, 4.2.6.

2. There is a 9-inch change in level at the curb adjacent to the concrete pad on which the telephone is mounted. Install a curb ramp and provide clear ground space of at least 30 inches by 48 inches that allows either a forward or parallel approach. §§ 4.1.2(2), 4.3.8, 4.5.2, 4.7, 4.31.2 & Fig. 44.

2. The toilet room contains the following non-compliant elements: the lavatory is mounted with the rim 37 inches above the floor, the hot water pipes and drain beneath the lavatory are exposed, the lavatory has twist-type faucets, the mirror is mounted so that the bottom of the reflecting surface is 48 ½ inches above the finish floor, the centerline of the toilet is 14 inches from the side wall, the length of the rear grab bar is 24 inches, the side grab bar does not extend at least 54 inches from the back wall, and the hand dryer protrudes more than 4 inches into the circulation path. Alter the toilet room so that all of the aforementioned elements are in compliance with the Standards or provide another toilet room that complies with the Standards. §§ 4.22., 4.27.4, 4.19.2 through 4.19.6 & Figs. 28, 29(a), 29(b), 31.

39. The City shall complete the following alterations to Washington Park within three years of the effective date of this Agreement:

1. Men's and Women's Toilet Rooms

1. The accessible stall in each room is 42½ inches wide (men's room) and 42½ inches (women's room). Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Figure 30(a), 4.22.4, 4.26, 4.27.

2. The height of the lavatory in each toilet room provides a clear knee space of 25 inches above the finish floor. Alter each lavatory so that there is a clearance of at least 29 inches above the finish floor to the bottom of the apron. § 4.19.2 & Fig. 31.

2. There is no accessible route from accessible street parking to the wading pool. Establish an accessible route from an accessible parking space to the wading pool. §§ 4.1.2(1), 4.3, 4.5.1.

40. The City shall complete the following alterations to the Edgar J. Lewis Band Shell in Washington Park within five years of the effective date of this Agreement:

1. There is no accessible route from accessible street parking to the Band Shell and the spectator seating. Establish a route that complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.1.

2. There are no wheelchair locations in the spectator seating. Establish wheelchair locations in the spectator seating area that adjoin an accessible route and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.33, 4.5.

3. The Band Shell has steps at the front leading to the stage and steps at the rear leading to the entrance door to the stage, which make it inaccessible to persons using a wheel chair. Establish a procedure for providing access to the stage or install a ramp or platform lift in compliance with the Standards. §§ 4.33.5, 4.3.8, 4.8, 4.11. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances.

41. The City shall complete the following alterations to Optimist Park within five years of the effective date of this Agreement:

1. There are no accessible parking spaces provided. Establish accessible parking spaces in compliance with the Standards. §§ 4.1.2(5), 4.6, 4.3, 4.5, 4.30.7.

2. There is no accessible route from the parking lot to the picnic shelter. Establish an accessible route from the accessible parking spaces to the shelter that complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.

3. There is no accessible route from the parking lot to the wading pool. Establish an accessible route from the accessible parking spaces to the pool that complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.

4. The spaces and elements in the men's and women's toilet rooms do not comply with the Standards. Renovate the men's and women's toilet rooms so that the spaces and elements in each room, including the door, water closet, grab bars, urinal (men's only), lavatory, mirror, controls and dispensers, and signage comply with the Standards. §§ 4.13, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.22, 4.26, 4.27, 4.30.

42. The City shall complete the following alterations to the Undine Ice Rink within five years of the effective date of this Agreement:

1. The portable ramp from the sidewalk to the ice rink has a 1 3/4 to 2 inch abrupt change in level at the top and lacks the minimum 60 inch maneuvering space depth at the gate to the rink. Alter the ramp so that it complies with the Standards. §§ 4.8, 4.13.6 & Fig. 25(a).

2. There is no accessible route from the sidewalk to spectator seating. Establish a route that complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.1.

3. There are no wheelchair locations in the spectator seating. Establish wheelchair locations in the spectator seating area that adjoin an accessible route and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.33, 4.5.

4. There is no accessible route from the sidewalk to the picnic area. Establish a route that complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.1.

5. The picnic tables are inaccessible to persons who use wheelchairs. Provide an eating surface that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

6. Warming Hut

1. Uneven rubberized mats have been placed on the ground outside the entrance. Provide an accessible route to the door that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.6, 4.5.1, 4.5.2.

2. The entrance door has a clear opening width of 28½ inches. Alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of door to opposite door stop with the door open 90 degrees. § 4.13.5.

3. The top of the service counter is located 45½ inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with Standards § 7.2.2; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

7. Men and Women's Toilet Rooms.

1. Uneven rubberized mats have been placed on the floor in front of the entrance door to each toilet rooms. Provide an accessible route to the door that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.22.1, 4.3.6, 4.5.1, 4.5.2.

2. The entrance door to each toilet room has a clear opening width of 29 inches. Alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of the door to opposite door stop with the door open 90 degrees. § 4.13.5.

3. The space between the face of the entrance door and the face of the opposite privacy wall in each room is 30 ½ - 31 ½ inches. Alter the entrance so that there is an accessible route into the room that complies with the Standards. §§ 4.22.3, 4.3.3 & Fig. 7(b).

4. The toilet paper dispensers in the stalls are located 39 inches (men's room) and 42½ inches (women's room) from the back wall of the stall. Re-mount the dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall. § 4.17.3 & Fig. 30(d).

5. The door coat hook in each room is located 66½ inches above the floor. Provide a hook that is no more than 54 inches above the floor for a parallel approach. §§ 4.25.3, 4.2.6.

8. The playground equipment cannot be accessed because of the lack of an accessible route from the sidewalk or the street. Establish an accessible route to the playground that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.1.

9. There is no accessible route from the sidewalk to the wading pool. Establish an accessible route from the sidewalk to the pool. §§ 4.1.2(1), 4.3, 4.5.1.

43. The City shall complete the following alterations to the Sandy Aragon Softball Complex within five years of the effective date of this Agreement:

1. There is no accessible route from the sidewalk to the announcer's box and concession area which are served only by stairs to the second floor of the complex. Install an elevator to the second floor that complies with the Standards, §§ 4.1.3(5), 4.10 (see 28 C.F.R. § 35.151(c)), or provide programmatic solutions (e.g., alternate accessible space for the use of an announcer with a mobility impairment, concession service in bleachers for patrons with mobility impairments).

2. Men's and Women's Toilet Rooms.

1. The accessible stall in each room is 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Figure 30(a), 4.22.4, 4.26, 4.27.

2. The height of the lavatory in each room provides a knee clearance of 26½ inches above the finish floor. Provide a lavatory in each room that has a clearance of at least 29 inches above the finish floor to the bottom of the apron to create knee clearance in compliance with the Standards. § 4.19.2 & Fig. 31.

3. The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist. §§ 4.19.5, 4.27.4

4. The hot water pipes, trap, and drain beneath the lavatory in each room are exposed. Install insulation on them. § 4.19.4.

44. The City operates a Little League program at the University of Wyoming Little League Complex. The University owns the Complex and the City pays a user fee. The University is subject to title II of the ADA and thus can be subject to an independent federal compliance review. The City will request the University to make the following remediations. The request will specify that the remediations be completed within five years of the effective date of this Agreement:

1. Parking

1. None of the five accessible parking spaces has correct signage designating it as reserved. Install signage at each space, using the international symbol of accessibility, located so that the signage cannot be obscured by a vehicle parked in the space. §§ 4.1.2(7)(a), 4.6.4.

2. None of the five accessible parking spaces is served by an adjacent access aisle, and none of them is identified as a van-accessible parking space. Alter the spaces so that there is at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space, and provide access aisles at least 60 inches wide that comply with the Standards for the other four accessible parking spaces. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

2. Men's and Women's Toilet Rooms.

1. The entrance door to each toilet room has a clear opening width of 29 inches. Alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5.

2. The accessible stalls in the toilet rooms are less than 60 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Figure 30(a), 4.22.4, 4.26, 4.27.

3. The hot water pipes and drain beneath the lavatory in each room are exposed. Install insulation on them. § 4.19.4.

4. The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist. §§ 4.19.5, 4.27.4

5. The height of the lavatory in each room provides a knee clearance of 27½ inches above the finish floor. Provide a lavatory in each room that has a clearance of at least 29 inches above the finish floor to the bottom of the apron to create a knee clearance in compliance with the Standards. § 4.19.2 & Fig. 31.

6. The mirrors located in the toilet rooms are mounted so that the bottom of the reflecting surface is 51 inches above the floor. Provide a mirror in each room so that the bottom of the reflecting surface is no higher than 40 inches above the finish floor. § 4.19.6.

3. There is no spectator seating for persons who use wheelchairs. Establish a spectator seating area for two persons who use wheelchairs that complies with the Standards. §§ 4.1.3(19)(a), 4.33.2 & Fig. 46, 4.33.4, 4.5.1.

4. There is no accessible route from the park entrance to a spectator seating area for persons who use wheelchairs. Establish an accessible route from the park entrance to the spectator seating area for persons who use wheelchairs that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.

45. The City operates an athletic program at the University of Wyoming's Cowboy Field. The University owns Cowboy Field; the City leases it. The University is subject to title II of the ADA and thus can be subject to an independent federal compliance review. Cowboy Field is not readily accessible to and usable by persons with disabilities; its spaces and elements are comparable to those described above at the Little League Complex.

1. Within one year of the effective date of this Agreement, the City will submit for the Department's review a report outlining actions it proposes to take to ensure that the programs, services, and activities offered at Cowboy Field are accessible to persons with disabilities.

46. The City shall complete the following alterations to Kiowa Park within two years of the effective date of this Agreement:

1. The playground equipment cannot be accessed because of the lack of an accessible route from the sidewalk or the street. Establish an accessible route to the playground that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.1.

47. The City shall complete the following alterations to O'Dell Park within two years of the effective date of this Agreement:

1. The playground equipment cannot be accessed because of the lack of an accessible route from the sidewalk or the street. Establish an accessible route to the playground that complies with the Standards. §§ 4.1.2(1), 4.3.6, 4.5.1.

IMPLEMENTATION AND ENFORCEMENT

48. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

49. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

50. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

51. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

52. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

53. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.

54. The effective date of this Agreement is the date of the last signature below.

55. 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, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.

56. This Agreement will remain in effect for five years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

57. The person signing for the City of Laramie represents that he is authorized to bind the City to this Agreement.

For the City:

_________________________      Date _____________________
MAYOR David Williams
City of Laramie
P.O. Box C
Laramie, Wyoming 82070

For the United States:

BILL LAN LEE,
Acting Assistant Attorney General
for Civil Rights

By:________________________      Date _____________________
   JOHN L. WODATCH, Chief
   RENEE M. WOHLENHAUS, Deputy Chief
   SUSAN B. REILLY, Supervisory Attorney
   CHARLES HARVEY, Investigator
   Disability Rights Section
   Civil Rights Division
   U.S. Department of Justice
   P.O. Box 66738
   Washington, DC 20035-6738

* Funding provided by Community Development Block Grant
** Sixty percent (60%) funding provided by "Fish Wyoming" grant (Game & Fish Dept.) with City paying $10,000.
*** Funding provided by Community Development Block Grant