United States of America v. Humboldt County, California - Settlement Agreement

D. INDEPENDENT LICENSED ARCHITECT

1. Within one hundred eighty (180) days of the entry of this Consent Decree, the County will retain an Independent Licensed Architect (“ILA”), pre-approved initially and continually approved by the United States throughout the term of the Consent Decree, who is trained in and knowledgeable about the accessibility requirements of the ADA.  The ILA must act independently to certify whether any alterations, additions, or modifications made by the County during the term of this Consent Decree comply with the applicable standard pursuant to 28 C.F.R. § 35.151(c) and the Appendix to 28 C.F.R. § 35.151(c).  The County will bear all costs and expenses of retaining and using the ILA, including the costs and expenses of any consultants and staff used by the ILA.  The County will compensate this ILA without regard to the outcome.

2. In issuing certifications pursuant to this Consent Decree, the ILA will impartially prepare reports identifying each violation and demonstrating with photographs each violation that has been remediated and will use the certification form at Attachment B.  The ILA will be considered a neutral inspector for purposes of issuing certifications of compliance and will be reasonably available to the United States to discuss findings in its and the County’s reports, photographs, and certifications.  The United States may also, in its discretion, provide technical assistance to the ILA.  Upon request by the United States, the County will provide prior notice to the United States of inspections by the ILA to allow representatives of the United States to be present.

3. The County will submit ILA certifications along with its reporting requirements as set forth in this Consent Decree.