Summary of Settlement Agreement Terms. The Proposed Settlement Agreement was filed with the Court as Exhibit A to the Proposed Preliminary Approval Order and is attached to and hereby incorporated by reference in this Order. Ex. A. The following summarizes its principal terms, though the exact terms and language in the Settlement Agreement control: Plaintiff and the City have negotiated a comprehensive scheme for injunctive relief, which requires the City to come into compliance with the law and regulations described above. The first step is for the City, at its own expense and using a methodology and collecting a data set that the parties have negotiated, to perform a comprehensive survey of curb ramps, which shall be completed by the end of 2017. Next, as the City started doing in 2014 after the parties’ negotiations commenced, the City will install or cause the installation of 1,500 curb ramps per calendar year until compliant curb ramps are in place, with a few limited exceptions, at all locations within the City and County of Denver where street level pedestrian walkways cross curbs adjacent to City owned right of way. This minimum number does not relieve the City of its obligation under the ADA and Section 504 to install curb ramps when it constructs or alters a curb or street, or causes a curb or street to be altered, even if doing so requires installation of more than 1,500 curb ramps in a given year. A minimum of 400 of the 1,500 ramps installed each year will be installed at locations (1) requested through the City’s existing request procedure, which it agrees to maintain, and/or (2) where street level pedestrian walkways cross curbs and no curb ramp currently exists. See generally Settlement Agreement, § III. Throughout the term of the Agreement, the City shall maintain curb ramps in operable working condition, and provide yearly training to its employees on curb ramps. Id. § III(E)-(F). The Settlement Agreement provides a monitoring process that involves both a third-party monitor and monitoring by Class Counsel. Id. § III(D). First, the City shall annually report to Class Counsel the curb ramps installed and streets altered in the preceding year. Each year, the City shall also retain an Independent Inspector to survey a random 10% sampling of such locations and provide a report of that sampling to both sides. The parties shall report yearly on their progress under the Agreement, to the Court and a Special Master appointed by the Court as called for in the Settlement Agreement. The ...
