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

II. DEFINITIONS

For purposes of this Settlement Agreement, the following terms have the following definitions:

A. "Accessibility Laws" means all local, state and federal laws and regulations requiring, promoting, and/or encouraging equal or improved access to persons with disabilities (including, without limitation, the following: the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, et seq. and all of its implementing regulations and design standards; the Rehabilitation Act of 1973, 29 U.S.C. §§ 790, et seq. and all of its implementing regulations and design standards; the Unruh Act, Cal. Civ. Code §§ 51, et seq.; the Disabled Persons Act, Cal. Civ. Code §§ 54, et seq.; California Government Code §§ 4450, et seq.; California Government Code §§ 11135, et seq.; California Health & Safety Code §§ 19955, et seq.; and the regulations codified in Title 24 of the California Code of Regulations).

B. "ADA Coordinator for the Pedestrian Right of Way" means the individual or individuals retained or designated by the City pursuant to and in accordance with the terms of Section 14 below.

C. "Annual Commitment" means the funds committed by the City pursuant to this Settlement Agreement annually for the duration of the Compliance Period for the Program Access Improvements and other uses expressly identified in this Settlement Agreement.

D. "Carter /Fahmie Settlement Agreement" means the Settlement Agreement and Release of Claims between the City and plaintiffs in the Carter/Fahmie Action substantially in the form attached to this Settlement Agreement as Exhibit "A".

E. "City Council" means the Los Angeles City Council.

F. "Class Counsel" means collectively the law firm of Schneider Wallace Cottrell Konecky Wotkyns, LLP, the law firm of Goldstein Borgen Dardarian & Ho, the Disability Rights Legal Center and the Legal Aid Society – Employment Law Center.

G. "Compliance Period" means the period of time in which the City will have obligations under Section 12 of this Settlement Agreement.

H. "Fairness Hearing" means the hearing to be held by the District Court, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, to determine whether the settlement set forth in this Settlement Agreement should be approved.

I. "Final," as applied to the term "Judgment" (as defined below), means that (i) the time for appeal or writ has expired and no appeal or petition for review has been taken, or (ii) if an appeal or petition for review is taken and the settlement set forth in this Settlement Agreement has been affirmed in full, the time period during which any further appeal or review can be sought (including through any appeal, petition for review, writ of certiorari or otherwise) has expired and no such further appeal or review has been sought. In the event that no objections to this Settlement Agreement are raised prior to or at the Fairness Hearing, that any objections that have been raised have been fully and formally withdrawn, or that no viable objections otherwise exist at the time of the Fairness Hearing, the Judgment shall become "Final" as of the District Court’s issuance of the Judgment. If the Judgment is set aside, materially modified, disapproved or overturned by any court, and is not fully reinstated on further appeal or review, the Judgment shall not become or be "Final."  

J. "Final Approval" means the order by the District Court, after notice and the holding of the Fairness Hearing, granting approval of this Settlement Agreement under Rule 23(a) of the Federal Rules of Civil Procedure.

K. "Grievance System" means the policy and procedure for the submission of grievances and complaints by Settlement Class members, as set forth in Section 17 below.

L. "Judgment" means a judgment entered by the District Court in the Willits Action, substantially in the form attached to this Settlement Agreement as Exhibit "D", that, among other things, fully approves the terms of this Settlement Agreement and retains the District Court’s jurisdiction to enforce the Settlement Agreement throughout its term.

M. "Mayor" means the Mayor of the City of Los Angeles.

N. "Mobility Disability" or "Mobility Disabilities" means any impairment or medical condition that limits a person’s ability to walk, ambulate, maneuver around objects, or to ascend or descend steps or slopes. A person with a Mobility Disability may or may not use a wheelchair, scooter, electric personal assisted mobility device, crutches, walker, cane, brace, orthopedic device, or similar equipment or device to assist her or his navigation along sidewalks, or may be semi-ambulatory.

O. "Notice of Settlement" means the notice substantially in the form attached to this Settlement Agreement as Exhibit "B", to be provided to the Settlement Class as set forth in Section 6.5 below.

P. "Pedestrian Facility" or "Pedestrian Facilities" means any sidewalk, intersection, crosswalk, street, curb, curb ramp, walkway, pedestrian right of way, pedestrian undercrossing, pedestrian overcrossing, or other pedestrian pathway or walk of any kind that is, in whole or in part, owned, controlled or maintained by or otherwise within the responsibility of the City of Los Angeles.

Q. "Preliminary Approval" means the preliminary approval of this Settlement Agreement by the District Court as described in Section 6.2 below.

R. "Program Access" means applicable Accessibility Laws directing a public entity to operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with Mobility Disabilities.

S. "Program Access Improvements" means all Program Access work performed by or on behalf of the City to bring any Pedestrian Facilities in the City into compliance with applicable Accessibility Laws.

T. "Related Entities" means any and all departments, divisions, agencies, bureaus, commissions, offices, corporations, commissioners, officers, employees, agents, representatives, board members, officials, assigns, assignors, attorneys, affiliates, predecessors, successors, employee welfare benefit plans, pensions, or deferred compensation plans (and their trustees, administrators, and other fiduciaries) of the City and any other person or entity acting or purporting to act by, through, under, in concert with or on behalf of the City, or any of them, with respect to the matters described in this Settlement Agreement.

U. "Settlement Class" means the class of all persons (including, without limitation, residents of and visitors to the City) with any Mobility Disability, who, at any time from the beginning of time through the term of this Settlement Agreement (as set forth in Section 8 below):

(i) accessed or attempted to access a Pedestrian Facility located in the City but were impaired or unable to do so due to any barrier or condition rendering such Pedestrian Facility not suitable or sufficient for use; or

(ii) allege that they would have accessed or attempted to access a Pedestrian Facility located in the City but for allegedly being denied such access due to any barrier or condition rendering such Pedestrian Facility not suitable or sufficient for use.

V. "Support Costs" means only those incremental costs and expenses incurred by the City as a result of implementing or performing the terms of this Settlement Agreement which would not otherwise have been incurred if the terms of this Settlement Agreement did not exist. For example, the term "Support Costs," as used in this Settlement Agreement, shall not include the pre-existing costs or expenses for services performed by the City Attorney of Los Angeles, or the City’s Mayor, City Council, Chief Administrative Officer, or their respective offices or staff, or the Controller, Personnel Department or Finance Department.

W. "WCAG" means version 2.0 Levels A and AA of the "Web Content Accessibility Guidelines" published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C), or any subsequent version(s) that are published during the Compliance Period.