SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PHILADELPHIA AND THE PHILADELPHIA POLICE DEPARTMENT

REPORTING, ENFORCEMENT AND OTHER PROVISIONS

17. All records and other correspondence sent to the United States pursuant to this Agreement will be sent via email to charlotte.lanvers@usdoj.gov and to the following address by common carrier, delivery prepaid:  U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Attn: Charlotte Lanvers, Trial Attorney, 1425 New York Avenue NW, Washington, DC  20005.  The subject line of emails and cover letters will reference Philadelphia Police Department and DJ# 204-62-226.

18. PPD will maintain written records of all auxiliary aids or services or reasonable modifications requested by or provided to individuals with disabilities for the duration of this Agreement.  Such records will include the individual’s name and contact information; a description of what was provided; if a request was made, the date of the request, the nature of the request, the determination regarding the request, the date of the determination, the names of who participated in the determination; and all other documents relating to such requests, determinations and provisions.  PPD will provide records of all denied requests and the basis for the denials every six (6) months to counsel for the United States for the duration of this Agreement, beginning six (6) months from the date of this Agreement, and at any other time upon request.  

19. PPD will provide to the United States copies of any complaints alleging disability discrimination, including any written complaints, written summaries of any oral complaints, or any complaints related to PPD filed pursuant to the City’s grievance procedures every six (6) months for the duration of this Agreement, beginning six (6) months from the date of this Agreement, and at any other time upon request.

20. PPD will provide the United States with copies of the contracts establishing the availability of interpreter services every six (6) months to counsel for the United States for the duration of this Agreement, beginning thirty (30) days from the date of this Agreement, and at any other time upon request. 

21. At least once every year, PPD will request community input from the public about disability-related issues, including whether individuals with disabilities receive auxiliary aids or services necessary for effective communication.  PPD will request community input by posting the request on the City’s website: www.phila.gov and PPD’s website: www.phillypolice.com and by asking local disability organizations, including Pennsylvania’s Protection and Advocacy organization, Disability Rights Pennsylvania.  PPD will consider this information when assessing its provision of effective communication and will provide summaries of problems identified by members of the public, including the names and contact information of individuals alleging problems with PPD’s disability-related interactions with members of the public every year to the United States for the duration of this Agreement, beginning one (1) year from the entry of this Agreement, and at any other time upon request.

22. If the United States believes that PPD has violated this Agreement or the ADA, it will notify PPD and include reasonably specific information regarding the violation.  PPD must correct its violations and respond to the United States within thirty (30) days of receipt of the United States’ notice.  The United States and PPD will negotiate in good faith to resolve any dispute.  If the United States and PPD are unable to agree on a resolution within sixty (60) days of PPD’s response, the United States may seek appropriate relief including court enforcement of this Agreement or filing a complaint in federal court under the ADA.

23. It is a violation of this Agreement for PPD to fail to comply in a timely manner with any of the requirements in this Agreement.  The Parties may agree in writing to extend any applicable deadlines specified in this Agreement.  The United States will not unreasonably deny requested extensions, if made in advance of any deadline, and following PPD’s due diligence to meet such a requirement.

24. This Agreement will remain in effect for three (3) years. 

25. Other than the violations alleged above in Paragraph 4, this Agreement does not purport to remedy any violations or potential violations of the ADA or any other federal or state law and does not relieve PPD of its continuing obligation to comply with all aspects of the ADA.

26. This Agreement (including Attachments A-C) contains the entire Agreement between the Parties concerning the subject matter described in Paragraph 4, and no other statement, promise, or agreement, either written or oral, made by any party or agent of any party, that is not contained in this Agreement, and concerns the subject matter described in Paragraph 4, will be enforceable.

27. If any provision of this Agreement is determined to be invalid, unenforceable, or otherwise contrary to applicable law, such a provision will be restated to reflect as nearly as possible and to the fullest extent permitted by applicable law its original intent and will not, in any event, affect any other provisions, all of which will remain valid and enforceable to the fullest extent permitted by applicable law.

28. This Agreement will be binding on both the City and PPD, their subsidiaries, agents, employees, officers, contractors, and any successors in interest. 

29. Failure by the United States to seek enforcement of any provision or deadline of this Agreement will not be construed as a waiver of the United States’ right to enforce any deadlines or provisions of this Agreement.

30. The Parties agree that, as of the date of this Agreement, litigation is not “reasonably foreseeable” concerning the matters described in Paragraph 4.  To the extent that any of these parties previously implemented a litigation hold to preserve documents, electronically stored information, or things related to the matters described in Paragraph 4, the party is no longer required to maintain such a litigation hold.  Nothing in this Paragraph relieves any party of any other obligations imposed by this Agreement.

31. The signatories represent that they have the authority to bind the respective parties identified below to the terms of this Agreement.