7. The City will cooperate fully with the Department as it conducts its survey work, including but not limited to, providing the Department with timely access to
ward maps and other reasonably requested information The City will provide to the Department a copy of the notice attached as Attachment 4.
8. The City will use the Survey Instrument (Attachment 5) to assess the accessibility of all future proposed polling place locations. After the effective date of
this Agreement, the City shall continue to make accessibility a major criterion when it selects new locations for polling places. The City will continue its
policy and practice of reviewing each newly proposed polling place site to determine whether it is accessible to persons with disabilities or could be made
temporarily accessible on election day through the use of a threshold or one-step ramp, or through another reasonable temporary manner, before the City's
selection of the site as a polling place. If the City ultimately determines that a newly proposed site is not accessible or cannot be made temporarily accessible
on election day, and that no other accessible site exists in the division or in an adjacent division, then the polling place site shall be designated as not
accessible and the City will provide, through the established application process of the Commonwealth of Pennsylvania, the Alternative Ballot to all persons
with disabilities, who are assigned to vote at such a polling place.
9. The City will provide the Department with timely notice of its decision-making regarding polling places as provided for in the Kerrigan Settlement, in
particular, whether the City rejects or accepts recommendations from the Department or the Kerrigan Private Third Party, whether a polling place's
accessibility designation has been changed, and whether a new polling place has been selected.
10. The City will implement recommendations made pursuant to Paragraph 18 of this Agreement and recommendations made by the Kerrigan Private Third
Party to which it agreed or that are required by court order as set forth below.
a. Other than the exception stated in Paragraph 10.c below, during the term of this Agreement, the City will implement all recommendations of the
Department or the Kerrigan Private Third Party to which it agreed, except for recommendations for permanent modifications, beginning in the
elections immediately subsequent to their agreement, unless: (i) the City agreed to the recommendation before it was required to notify the
Department pursuant to Paragraph 9 of this Agreement; (ii) the City's agreement was made within 45 days before the next election, and (iii) the
City determines that it is in its best interest to implement the recommendation in the next subsequent election, in which case the recommendation
will be implemented in the next subsequent election.
b. Other than the exception stated in Paragraph 10.c below, the City also will implement all orders of the Kerrigan Magistrate Judge in the elections
that take place after the orders are issued during the term of this Agreement unless they are appealed to the District Court pursuant to the
Kerrigan Settlement, and will implement all orders of the District Court in the elections that take place after the orders are issued during the term
of this Agreement unless they are appealed to the United States Court of Appeals for the Third Circuit pursuant to the Kerrigan Settlement.
Nothing in this paragraph expands the authority of the Magistrate Judge to enter any order.
c. The City is not required to implement a recommendation in a subsequent election as otherwise required by Paragraphs 10.a and 10.b above if
recommended equipment, such as temporary ramps, has been ordered but will not arrive before the election following the recommendations, in
which case the recommended equipment will be used beginning in the election following its receipt.
d. If the City finds that it cannot reasonably implement a previously agreed to recommendation, except for a recommendation for a permanent
modification, the City will notify the Department and the plaintiffs' counsel in the Litigation ("Kerrigan Plaintiffs' Counsel") and, upon request,
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