WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims

15. ADA Coordinator for the Pedestrian Right of Way

15.1. Within twelve (12) months after the commencement of the Compliance Period, the City shall hire, pursuant to this Settlement Agreement and consistent with applicable City contracting requirements, an ADA Coordinator for the Pedestrian Right of Way. Such ADA Coordinator for the Pedestrian Right of Way, and any other ADA Coordinator for the Pedestrian Right of Way subsequently hired: (i) shall have substantial experience in evaluating or assisting public entities in evaluating the accessibility of facilities under Title II of the ADA; (ii) shall be knowledgeable in current federal and state accessibility standards; (iii) shall have a minimum of three (3) years’ experience in providing ADA services related to accessible facilities; and (iv) must be licensed either as an architect or as a registered civil engineer. The ADA Coordinator for the Pedestrian Right of Way shall be CASp certified within no more than twelve months of her or his hiring date.

15.2. An ADA Coordinator for the Pedestrian Right of Way shall be retained and directed by the City throughout the Compliance Period.

15.3. The fees and expenses of the ADA Coordinator for the Pedestrian Right of Way shall be paid out of the Annual Commitment.

15.4. For the first five (5) years of the Compliance Period, the ADA Coordinator for the Pedestrian Right of Way will report to the Parties, in writing, two (2) times each City fiscal year (once during the first half of the fiscal year and once during the second half of the fiscal year) on the status of the City’s compliance with the terms of this Settlement Agreement. For the remainder of the Compliance Period thereafter, the ADA Coordinator for the Pedestrian Right of Way will provide such reports to the Parties on an annual basis. Each of the reports shall include the following information:

(a) A detailed description of the compliance efforts which have been made since the last report with respect to each of the substantive terms of this Settlement Agreement.

(b) A list of the Program Access Improvements performed or implemented since the last report (including an itemization of the types or categories of Program Access Improvements performed or implemented, what parts of the City’s pedestrian rights of way or Pedestrian Facilities have been modified and in what manner, and what access work has been performed including a report of which curb ramps, sidewalks, crosswalks, walkways and other parts of the City’s Pedestrian Facilities have been brought into compliance with Section 12.9).

(c) The status of any scheduled Program Access Improvements.

(d) A description of any Pedestrian Facility that the City has decided to exempt from Program Access Improvements, as set forth in Section 12.10, and the reasons for that decision.

(e) A description of any previously scheduled Program Access Improvements that have not been timely completed as of the date of the report and an explanation of the reason(s) why such Program Access Improvements have not been timely completed.

(f) A list of the Access Requests received by the City since the last report and the actions taken in response.

(g) A list of the grievances or complaints that were received by the City through the Grievance System (including copies of any written grievances or complaints) since the last report and the actions taken in response.

(h) The amount of Annual Commitment funds expended since the last report and an itemization of the monies expended to perform Program Access Improvements pursuant to Section 12.

(i) A list of any new construction or projects by the City resulting in improvements to pedestrian rights of way since the last report.

15.5. In connection with the reporting described in Section 15.4 above, the ADA Coordinator for the Pedestrian Right of Way shall have the authority and responsibility to perform the following activities:

(a) Reviewing Program Access Improvements annually for compliance with this Settlement Agreement.

(b) Consulting, as needed, with appropriate City personnel or representatives to obtain information concerning the City’s compliance with the terms of this Settlement Agreement.

(c) Providing training on access requirements relating to Program Access Improvements for appropriate City personnel, including in the Bureau of Engineering and the Bureau of Street Services.

(d) Conducting field spot checks of Pedestrian Facilities to investigate whether: (i) completed Program Access Improvements, (ii) New Construction or Alterations, and (iii) accessible temporary routes, are in compliance with this Settlement Agreement. The ADA Coordinator for the Pedestrian Right of Way shall maintain copies of any checklists used or data collected to verify compliance with the standards set forth in Section 12.9 for a period of five (5) years. The checklists used or data collected shall be provided or made available to Class Counsel upon request.

(e) Reviewing the Access Requests, grievances or complaints, and the City’s response thereto.

15.6. At all times during the Compliance Period, the ADA Coordinator for the Pedestrian Right of Way shall have:

(a) Responsibility and authority to receive and respond to Settlement Class members’ reasonable inquiries and complaints concerning physical access barriers affecting the Pedestrian Facilities.

(b) Responsibility and authority to recommend the adoption or modification of the City’s policies and procedures concerning access barriers affecting the Pedestrian Facilities.

(c) Responsibility and authority to ensure the City’s adoption of written policies and procedures concerning the maintenance of accessible paths of travel and keeping such pathways accessible to persons with Mobility Disabilities.

(d) Responsibility and authority to ensure the City’s adoption of written policies and procedures concerning the provision of appropriate signage whenever construction work is in process, and directing persons with Mobility Disabilities to appropriate accessible alternative routes.

(e) Responsibility and authority to recommend to appropriate supervisory authorities that any Program Access Improvements or New Construction or Alterations work being performed in the pedestrian right of way that does not comply with Section 12.9 be stopped.

15.7. With respect to all activities and obligations of the ADA Coordinator for the Pedestrian Right of Way set forth in Section 15, the ADA Coordinator for the Pedestrian Right of Way may utilize staff or her or his designees to carry out such activities and obligations.