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

19. Dispute Resolution

19.1. Meet and Confer Obligation

If any Party believes that a dispute exists relating to any violation of or failure to perform any of the provisions of this Settlement Agreement, it shall notify the other Party in writing and describe the alleged violation or failure to perform with particularity. The Party alleged to have committed the violation or failure to perform shall provide a written response within ten (10) business days of receipt of such notice and shall have a period of thirty (30) days to cure the alleged violation or failure to perform. If the Party alleging a violation or failure to perform maintains that the violation or failure to perform has not been cured, the Parties shall meet and confer, in person or by telephone, and attempt to resolve the dispute on an informal basis for a period of at least thirty (30) days.

19.2. Mediation Obligation

If the Parties are unable to resolve a dispute through the meet and confer process described in Section 19.1 above, the Parties shall mediate the dispute. The Parties shall have thirty (30) days to jointly select a mediator. If the Parties are unable to reach agreement on a mediator, each side may submit three (3) names of proposed mediators to the District Court and the District Court shall select the mediator. The mediation shall be conducted in the manner determined by the mediator, and the Parties shall engage in good faith efforts to resolve the dispute through such mediation.

19.3. Resolution by the District Court

If the parties are unable to resolve a dispute through the mediation process described in Section 19.2 above, any Party may make a motion to the District Court to enforce the Settlement Agreement in order to resolve the dispute. The City’s attorneys’ fees and costs incurred in any such motion shall be paid from the Annual Commitment, except that the Court may deny the City such payment if it determines that the City’s position with respect to such motion was without any substantial legal basis. The Court may award to Class Counsel their reasonable attorneys’ fees and costs incurred in any such motion in the event that the District Court determines that Plaintiffs are the prevailing parties on such motion in accordance with prevailing party standards under the ADA. Such attorneys’ fees and costs awarded to Class Counsel shall be paid from the Annual Commitment, except that the Court may order the City to pay such attorneys’ fees and costs (i.e., not from the Annual Commitment) if the Court determines that the City’s position with respect to such motion was without any substantial legal basis.

19.4. First Year Grace Period

Notwithstanding any other terms in this Settlement Agreement, Plaintiffs, for themselves and as representatives of the Settlement Class, covenant not to sue, file a complaint, provide notice of an alleged violation of or failure to perform any provision of this Settlement Agreement, initiate any legal proceeding, or otherwise seek to enforce any rights based upon or as a result of any alleged violation of or failure to perform any provision of this Settlement Agreement by the City: (i) with respect to any of the City’s obligations set forth in Sections 12, 13, 14, 15, 16 or 17, for a period of one (1) year following the commencement of the Compliance Period ("Grace Period"). Nothing in this Section shall waive any of Plaintiffs’ or Settlement Class Members’ claims arising during the Grace Period or limit any monitoring rights and duties provided in Section 18 above.