meet and confer with the Department and the Kerrigan Plaintiffs' Counsel (or their representatives). If the City and the Department or the Kerrigan Plaintiffs' Counsel are unable to agree, the City may petition the Kerrigan Magistrate Judge for relief from the applicable recommendation pursuant to Rule 60 of the Federal Rules of Civil Procedure, subject to appeal. The City does not have to implement any recommendation from which it is seeking relief unless and until the Magistrate Judge, or if appealed, the District Court or Court of Appeals, orders the City to do so. e. The City will be deemed to comply with any recommendation by the Department or the Kerrigan Private Third Party to post temporary signs on election day to direct voters with disabilities to an alternate accessible entrance if the City: (i) causes temporary signs to be posted before election day; (ii) instructs in poll worker training sessions that the signs must be posted; (iii) provides additional signs for poll workers to post if the previously posted signs are no longer there on election day; and (iv) instructs election day inspectors to check that the signs are posted on election day and, if they are not, to replace them. 11. The City will not oppose the Department's participation in any proceedings conducted pursuant to the Kerrigan Settlement held before the Kerrigan Magistrate Judge. Survey and Evaluation of Polling Places 12. In order to assist the City to meets its obligations under the ADA, beginning immediately after the Effective Date of the Kerrigan Settlement or this Agreement, the Department will conduct surveys of as many polling places as practicable, with a goal of no fewer than 120 polling places every two months ("Survey Period"). The polling place survey goals shall not apply during the survey periods that include the May and November 2009 elections. 13. The Department will use the survey instrument attached as Attachment 5 to evaluate polling places pursuant to Paragraphs 14 and 15 of this Agreement. 14. The Department will evaluate one-half of the polling places listed on Attachment 2. 15. The Department will evaluate the polling places listed on Attachment 6. 16. During the May 19, 2009 election and the November 3, 2009 election and, if necessary, the primary election in the spring of 2010, the Department will evaluate further those polling place locations previously surveyed that were found to be inaccessible but the City has designated as accessible on election day (i.e., polling places listed on Attachment 2) and not previously found to be accessible by the Department. 17. Within 20 days of the end of each Survey Period, the Department will provide to the City and the Kerrigan Plaintiffs' Counsel copies of all Survey Instruments completed during the previous Survey Period. 18. Within 30 days of the end of each Survey Period, the Department will report to the Kerrigan Magistrate Judge, the City, and the Kerrigan Plaintiffs' Counsel in writing, the results of the surveys completed pursuant to Paragraphs 14 and 15 of this Agreement. Each report will include: a. Whether each surveyed polling place can reasonably be temporarily modified to be accessible on election day. Create PDF in your applications with the Pdfcrowd HTML to PDF API PDFCROWD