Text Size:   A+ A- A   •   Text Only
Find     
Site Image

ODOT - AOCIL Settlement Agreement
RECITALS

Whereas, Association of Oregon Centers for Independent Living, Martha Mae Bryson,
Kimberly Morrisey, Dave Maule, Jordan Ohlde, William Phillips, Laurie Sitton, Carrie Taylor,
and Laura Potts (Plaintiffs) and the Oregon Department of Transportation (ODOT) are Parties to
a lawsuit entitled Association of Oregon Centers for Independent Living, et al. v. Oregon
Department of Transportation, et al., U.S. District Court Case No. 3:16-cv-00322-HZ; and
Whereas, the Parties share the goal of improving access on ODOT’s State Highway
System, the Parties agree as follows:

DEFINITIONS

1. “State Highway System” means all roads or highways designated as such by law or by
the Oregon Transportation Commission pursuant to law and includes both primary and
secondary state highways. See ORS 366.005(8).

2. “Applicable Standards” means the standards in the following relating to curb ramps and
pedestrian signals: Americans With Disabilities Act (ADA) and its implementing
regulations, PROWAG (Public Right of Way Accessibility Guidelines), the ADA
Standards for Accessibility Guidelines (ADAAG), Section 504 of the Rehabilitation Act
of 1973, and Part 4 (Highway Traffic Signals) and Part 6 (Temporary Traffic Control) of
the MUTCD (Manual on Uniform Traffic Control Devices). If there is a conflict between
standards, the conflict will be resolved with the Accessibility Consultant appointed
pursuant to Section 7. If the Accessibility Consultant and ODOT disagree, DRO will be
notified of the disagreement then ODOT or DRO may initiate the dispute resolution
process in Section 12. If the Accessibility Consultant and ODOT agree, DRO will be
notified of the conflict and the resolution. If any party disagrees with the resolution, then
either party may initiate the dispute resolution process in Section 12 within 30 days. In
no event will the final resolution be less than the then current law requires.

3. “Year” means calendar year.

4. “Design exception” means a written determination that documents the physical
constraints that make it technically infeasible to meet all of the ADA prescribed
geometric requirements for the proposed or altered feature.

5. “Undue burden” is as defined by the ADA and its implementing regulations.

6. “STIP” means the Oregon Statewide Transportation Improvement Program.

AGREEMENT
1. Update statewide curb ramp inventory
ODOT will complete an updated inventory of the curb ramps on the State Highway
System by December 31, 2017 and will provide a copy to the Accessibility Consultant and DRO
when it is completed. That inventory has two components: (1) a digital video review of all curb
ramp locations in the system, which is nearing completion, and (2) a field review of new curb
ramps built since ODOT’s previous inventory in 2011 as well as all curb ramp locations within
the State Highway System that were previously field-reviewed as “Good.” Curb ramps that were
field-reviewed as “Poor” or “Fair” as part of the 2011 Inventory will retain their rating from that
inventory. All newly field-reviewed ramps will be classified using the ADA Ramp Inspection
Form attached as Appendix A. Any future revisions to the ADA Ramp Inspection Form will be
reviewed by the Accessibility Consultant retained pursuant to Section 7 below.
Once completed, the locations of non-compliant curb ramps in the updated curb ramp
inventory shall constitute the universe of curb ramp locations that ODOT agrees to remediate per
Section 4 below. In the event that it is established that ODOT did not include a location or a
curb ramp that was within the State Highway System before the inventory is completed, ODOT
will add the location or curb ramp to the inventory.

In the event that ODOT transfers any state highway sections to another jurisdiction after
the date of this Agreement, ODOT will take steps to ensure that any curb ramp locations on such
property will be remediated—either by ODOT or the transferee—if those locations have not
been remediated prior to the transfer. ODOT shall remain responsible under this agreement to
ensure that the necessary remediation takes place.

Locations that are added to ODOT’s jurisdiction after December 31, 2017 shall not fall
within the scope of this Agreement.

2. Inventory of pedestrian crossing signals
By December 31, 2017, ODOT will also complete an inventory of all pedestrian crossing
signals at all curb ramp locations in ODOT’s inventory. This inventory will: (1) document the
number and location of such pedestrian crossing signals; and (2) assess compliance with
Applicable Standards for reach to the button, height to the button, and landing adjoining the
button, and will note whether the pedestrian signals contain audible components.
Once completed, the pedestrian signal inventory shall constitute the universe of
pedestrian signals that ODOT agrees to remediate pursuant to Section 5 below. In the event that
it is established that ODOT did not include in this inventory a pedestrian signal associated with a
curb ramp location that was within ODOT’s jurisdiction before the inventory is completed,
ODOT will add the pedestrian signal to the inventory.

In the event that ODOT transfers any state highway sections to another jurisdiction after
the date of this agreement, ODOT will take steps to ensure that any pedestrian signals at curb
ramp locations on such property will be remediated pursuant to Section 5 below if those
locations have not been remediated prior to the transfer. ODOT shall remain responsible under
this Agreement to ensure that the necessary remediation takes place.
Pedestrian signals at curb ramp locations that are added to ODOT’s jurisdiction after
December 31, 2017 shall not fall within the scope of this Agreement.

3. Initial commitment for prioritized projects
ODOT will commit $5 million to address curb ramps and associated pedestrian signals
once ODOT and Plaintiffs have identified locations and/or priorities. ODOT will begin spending
the $5 million on items such as project development, design, right of way (as applicable), and
construction as soon as practicable after the locations and/or priorities have been determined.
ODOT has budgeted $18 million to be committed during the 2018-21 STIP to implement this
Agreement.

4. Remediation of curb ramp inventory
By December 31, 2032, ODOT shall remediate all curb ramp locations identified in the
inventory described in Section 1 above so as to bring them into compliance with the Applicable
Standards. Remediation of a curb ramp can occur in a number of ways consistent with the
Applicable Standards, depending on the physical or site constraints of a particular location as
defined by PROWAG R202.3.1 including: (a) physical installation of a missing curb ramp; (b)
physically upgrading an existing noncompliant curb ramp; (c) technical infeasibility through a
design exception; (d) closing a pedestrian crossing as appropriate in compliance with Applicable
Standards; (e) another permissible exception under the ADA and its implementing regulations;
(f) right of way availability; (g) or other methods or changes to the location that bring the
location into compliance with Applicable Standards as documented on the curb ramp inspection
form, a copy of which is attached at Appendix A.

5. Remediation of pedestrian signals
After the pedestrian signal inventory is completed pursuant to Section 2, ODOT will
remediate reach, height, and landing of the pedestrian signals identified in that inventory subject
to a schedule to be negotiated after the signal inventory is completed. In remediating pedestrian
signals, ODOT shall comply with Applicable Standards for reach, height, and landing. If the
Parties cannot agree on a schedule for remediation of pedestrian signals, the dispute resolution
provision in Section 12 will determine a reasonable schedule for remediation of pedestrian
signals.

Pending an agreement regarding the schedule for remediation of pedestrian signals, to the
extent feasible ODOT will remediate pedestrian signals when it remediates curb ramps pursuant
to Section 4.

ODOT shall provide audible pedestrian signals upon request by the community or an
individual in accordance with the ODOT policy attached hereto as Appendix B and in the
absence of any substantial conflict or opposition by other individuals or members of the
community. If ODOT amends the policy in Appendix B during the term of this Agreement, it
will do so in collaboration with the Accessibility Consultant and subject to the dispute resolution
in Section 12.

6. Schedule for Curb Ramp Remediation Compliance
ODOT will comply with the following schedule for remediation of curb ramps:
 By December 31, 2022, ODOT shall remediate at least 30 percent of the noncompliant
curb ramp locations in the curb ramp inventory;
 By December 31, 2027, ODOT shall remediate at least 75 percent of the noncompliant
curb ramp locations in the curb ramp inventory; and
 By December 31, 2032, ODOT shall complete remediation of all the non-compliant
curb ramp locations in the curb ramp inventory.
To the extent feasible and subject to ODOT’s good faith discretion as necessary to
comply with the percentages in the above schedule, ODOT will attempt to remediate high
priority locations first. The high priority locations will be identified in collaboration with
Plaintiffs and the Accessibility Consultant pursuant to the Priority Criteria in Appendix C to this
Agreement, subject to the dispute resolution process set forth in Section 12.
If ODOT has remediated at least 80 percent of non-compliant curb ramp locations in the
curb ramp inventory by December 31, 2027, then Plaintiffs’ right to fees and costs provided for
in Section 10 below shall terminate.

7. Accessibility Consultant
ODOT shall retain the services of a mutually acceptable Accessibility Consultant with
substantial experience in evaluating or assisting public entities in coming into compliance with
Applicable Standards. The Accessibility Consultant will be knowledgeable in current federal
accessibility standards and acceptable national practices and shall have a minimum of five (5)
years’ experience in providing consulting services related to facility accessibility and public right
of way pedestrian facilities. The Accessibility Consultant must be, or must be affiliated with
someone who is a registered civil engineer or a licensed architect.

The Parties agree that the Accessibility Consultant must not have served as an expert,
consultant, monitor, or independent reviewer for any of the Parties or their counsel in connection
with this action. The Accessibility Consultant shall be selected as follows: The Parties shall
attempt to jointly select the Accessibility Consultant. If the Parties are unable to agree on an
Accessibility Consultant, each party shall submit to the Court a list of up to three nominees, and
the Court shall select an Accessibility Consultant from those lists pursuant to Fed. R. Evid.
706(a). The nominating party must identify and describe each nominee's qualifications and
experience, including listing and describing each instance in which the nominee has served as an
expert, consultant, monitor, or independent reviewer in any action involving the Parties. A
similar process will apply to the replacement of the Accessibility Consultant as necessary.
The Accessibility Consultant will have the following responsibilities:

Review, assess, and make recommendations in consultation with ODOT as to ODOT’s
policies, standards, practices, training, forms, and guidance pertaining to curb ramps and
pedestrian crossing signals including:

o ADA curb ramp and pedestrian signal inspection forms
o The evaluation processes for curb ramps and pedestrian crossing signals
o Policies regarding audible signals
o Design standards and standard drawings for curb ramps and pedestrian crossing
signals
o Design exceptions based on technical infeasibility or other exceptions allowed
under the ADA and its implementing regulations.
o Accessibility remediation work that is triggered by different alteration activities;
o Conduct training as deemed necessary by the Accessibility Consultant in
collaboration with ODOT;
o New construction and alterations to the State Highway System with respect to
compliance with the ADA
o Work zone alternative route procedures

Conduct quality assurance field checks of a sampling of new or reconstructed curb ramps
and pedestrian crossing signals addressed under this Agreement as needed to verify
compliance;

May review all grievances and complaints concerning ADA Accessibility relating to curb
ramps and associated pedestrian signals, along with ODOT’s responses.

Submit reports regarding ODOT’s compliance with this Agreement pursuant to Section 8.

The AC shall promptly notify DRO and ODOT of any disagreements with ODOT
regarding compliance with Applicable Standards or this Agreement.

The Accessibility Consultant will be retained for the life of this Agreement. The duties
of the Accessibility Consultant will focus initially on consulting with ODOT to review existing
processes and procedures for ADA compliance. ODOT’s expenses in retaining the Accessibility
Consultant shall not exceed $125,000 per year for the first three years beginning from the date
the Accessibility Consultant is retained, $75,000 for the next three years, and then $50,000 per
year for the remaining life of the Agreement.

The duties and monetary cap for expenses of the Accessibility Consultant may be
expanded or reduced upon stipulation of the parties or upon ODOT proving good cause for the
reduction in duties and compliance with the obligations of this Agreement.

If the Accessibility Consultant and ODOT fail to reach an agreement on issues within the
scope of the Accessibility Consultant's duties, the Parties may seek to have the issue resolved
through a dispute resolution process described in Section 12.

8. Reporting
For each year of this Agreement, ODOT will prepare an annual report based upon the
work ODOT has performed under this Agreement each year and provide information relating to
its progress, including:
(a) list of actions undertaken and completed by ODOT each year pursuant to this
Agreement;
(b) amount expended pursuant to Section 3;
(c) number of curb ramp locations remediated, specifically:
Page 6 of 17
a. the number of curb ramp locations and actual curb ramps remediated per
Section 4 (a) or (b) and their physical locations; and
b. the number of curb ramp locations remediated per Section 4 (c), (d), (e), (f),
and (g), and their physical locations.
(d) Number of curb ramp locations remaining to be remediated and their physical
locations.

ODOT shall provide reports required in this Section to the Parties within 90 days after the
end of each calendar year a report is required.
The Accessibility Consultant shall submit a report to the Parties regarding ODOT’s
compliance with this Agreement within 60 days after ODOT submits each of its annual reports to
Plaintiffs and the Accessibility Consultant.

All reports and audits required by this Section shall be: (1) provided to the Parties; (2)
provided to the ODOT employees referenced in Section 14; (3) made available to the Court as
necessary; and (4) prominently posted on ODOT’s website.

9. Alternate routes during construction
ODOT agrees to ensure that temporary pedestrian routes provided through or around
work zones are accessible to pedestrians with disabilities consistent with Applicable Standards
including the MUTCD. Elements of the alternate routes during construction shall include
coordination with municipalities, accessibility of temporary routes to people with disabilities,
appropriate directional and information signage, appropriate training of contractors and others
involved in the construction process, advance notice in accessible formats to the public, people
with disabilities and disability organizations of not less than 10 days prior to the initiation of
construction to the greatest extent possible. Plaintiffs shall provide ODOT with contact
information for organizations which serve people with disabilities.

ODOT will consult with the Accessibility Consultant as appropriate regarding accessible
alternate routes during construction.

The requirements in this Section shall not be subject to a motion for contempt until
January 1, 2018.

10. Monitoring
Plaintiffs may monitor ODOT’s compliance with this Agreement by reviewing and
analyzing the reports prepared pursuant to Section 8 and other steps as appropriate. ODOT will
provide Plaintiffs with a schedule of the initial work to be performed under the Agreement.
Thereafter, upon written request from Plaintiffs and to the extent the information is not already
included in the reports provided for in Section 8 above, ODOT will also provide DRO with
information on where work is being done, where it is planned each year, and future work
scheduled for each STIP period as the Agreement progresses. Plaintiffs may consult with the
Accessibility Consultant at any time regarding the requirements of this Agreement. Plaintiffs
may also request in writing that ODOT provide specific documents sent to or received from the

Accessibility Consultant. Disability Rights Oregon (DRO) may solicit input/information from
the disability community regarding the work being performed under this Agreement and the
manner in which that work is being carried out. If issues are identified with compliance with this
Agreement, DRO may look into the matter, may request discovery as provided in Section 12, and
may retain an expert to verify whether or not a curb ramp or pedestrian signal is in compliance
with the requirements of the ADA.

Plaintiffs shall be entitled to reasonable attorney fees and costs incurred in connection
with reviewing and analyzing the reports prepared pursuant to Section 8. Plaintiffs shall also be
entitled to reasonable attorney fees, expert witness fees and costs for any additional monitoring
work that causes ODOT to take responsive action that provides a material benefit to the class in
enforcing the Agreement regardless of whether Plaintiffs invoke the dispute resolution process in
Section 12. If the Parties cannot agree as to whether or to what extent Plaintiffs are entitled to
fees and costs for monitoring work, the dispute will be resolved pursuant to Section 12.

11. Attorney fees for past work
ODOT agrees to pay Plaintiffs’ reasonable attorney fees, expert witness fees and costs
through the Effective Date of this Agreement to be determined by United States District Judge
Michael H. Simon, subject to appeal to the Ninth Circuit Court of Appeals, if the parties are
unable to reach agreement regarding the amount of such fees.

12. Dispute resolution and enforcement process
Any allegation of an act or omission in breach of this Agreement or allegation of
noncompliance with the Applicable Standards in work performed under this Agreement may be
raised by either party through the dispute resolution process in this Section. Plaintiffs will
provide written notice to ODOT of any alleged non-compliance. ODOT shall have 60 days to
provide a response and/or proposed solution. During this time period, the Parties shall work with
the Accessibility Consultant as appropriate to attempt to resolve the dispute, and ODOT will
provide documents at Plaintiff’s request in a timely manner. If the Parties cannot resolve their
dispute within this time period, either Party may bring the matter before a Special Master
pursuant to FRCP 53, with each party retaining rights to reasonable discovery as authorized by
the Special Master. The Special Master shall be appointed by mutual agreement of the Parties or
by Judge Simon if the Parties cannot agree. If the dispute is not resolved to the Parties’
satisfaction by the Special Master, the dispute may be presented within 30 days of the Special
Master’s decision to Judge Simon for resolution. Judge Simon’s rulings under this Section may
be appealed to the Ninth Circuit Court of Appeals. Judge Simon may award any injunctive or
monetary relief consistent with the terms of this Agreement. If Judge Simon is not available, the
Chief Judge of the United States District Court will assign an Article III judge to resolve the
dispute.

In any dispute proceeding pursuant to this Section, the Prevailing Party shall be awarded
their reasonable attorney fees and costs incurred in connection with the dispute. The standards
for determining entitlement to, and the amount of, attorney fees are those set forth in the Civil
Rights Attorney Fee Awards Act, 42 USC 1988 and the Americans with Disabilities Act, 42
USC §12205. The plaintiff is a Prevailing Party for purposes of this Section if the plaintiff
prevails on any substantial issue that obtains some of the relief sought in the litigation, and the
defendant is a Prevailing Party for purposes of this Section if the defendant prevails on claims
that are frivolous, unreasonable, or groundless.

The dispute resolution process set forth in this section can be used at any time, with the
exception of disputes over ODOT’s compliance with Section 6. Disputes regarding ODOT’s
compliance with Section 6 cannot be raised until January 1, 2021. If at any time after January 1,
2021 Plaintiffs allege that ODOT is not likely to remediate curb ramp locations in the inventory
in accordance with the schedule in Section 6, Plaintiffs may seek appropriate relief pursuant the
dispute resolution process in this Section.

13. Termination
This Agreement terminates when ODOT has completed the obligations in Sections 4 and
5, subject to a de minimus exception.

14. ODOT oversight
ODOT will identify (1) a person at ODOT with access to the Director as necessary to be
responsible for implementation of processes developed in consultation with the Accessibility
Consultant for the remediation obligations set forth in Section 4; and (2) the ADA Coordinator
for ODOT. ODOT will make this information prominently available to the public on its website.

15. Public complaint and request process
ODOT will actively seek input regarding accessibility for all to transportation
infrastructure and associated programs. ODOT will provide an opportunity for citizens and
municipalities to submit Comments, Questions, Concerns or Requests (CQCR) regarding
missing or suspected non-compliant curb ramps, pedestrian signals and other accessibility issues.
This CQCR process will be separate from ODOT’s formal, non-discrimination grievance
procedure. An individual who submits a CQCR is not precluded from proceeding to ODOT’s
grievance procedure at any point. Both of these processes will be overseen and tracked by the
staff of ODOT’s Office of Civil Rights.

The CQCR process will provide a user-friendly, informal, responsive methodology.
A CQCR can be submitted through multiple means, but primary contact points are:
• ODOT’s Website: (insert URL/link)
• AskODOT: (insert contact info)
• Office of Civil Rights: ODOT ADA Title II Coordinator
ODOT_ADA@odot.state.or.us
Phone: 855-540-6655
Interpreter: 711
Fax: 503-986-6382

In addition to primary contacts, ODOT’s Region or District offices may also accept
completed CQCR forms. All ODOT employees can provide any concerned citizen the primary
contact information to submit a CQCR.

AskODOT and ODOT’s Office of Civil Rights help concerned citizens route their CQCR
through the process. When a concerned citizen needs help to complete the information needed
for the CQCR, he or she may request assistance from AskODOT or Office of Civil Rights staff.
It is also an option to have another person complete the information on their behalf. Requested
assistance may also include communication in formats other than written. An anonymous CQCR
will also be accepted.

Process to Submit a CQCR:
A fillable form (copy attached as Appendix D) will be posted on ODOT’s website. The
primary contacts listed above will be prepared to assist any concerned citizen with documenting
the information or completion of the form. The following information should be included when
filling out the form:
• Contact Information: Name, Address, Phone, Email
• Representative Contact Information (when completing form on behalf of another)
• Issue Description: Location of Site, Topic of Issue, Narrative Description of CQCR
• Resolution Requested

ODOT will provide an initial response to acknowledge receipt of the CQCR within 10
days. If the CQCR addresses a location that is not under ODOT’s jurisdiction, ODOT will
promptly respond with the contact information to submit the CQCR to the appropriate
jurisdiction as well as forward the CQCR to the appropriate jurisdiction.

When ODOT receives a CQCR regarding accessibility at a location under ODOT’s
jurisdiction, ODOT’s Office of Civil Rights (OCR) will convene the standing members of the
ADA Communication Team (ADA-ACT) to investigate and take appropriate action to resolve
the request as promptly as possible. Members of ADA-ACT are managers in ADA-concerned
areas of ODOT. These knowledgeable managers can evaluate the CQCR or assign it to other
technical staff to complete the evaluation. An initial evaluation of the CQCR will determine:
• Accessibility Issue and associated information.
• Feasibility of solution options
• Timeframes to initiate and resolve the accessibility issue.

As appropriate, ODOT may consider alternate solutions to address the needs raised in the
request. When ODOT’s evaluation concludes, a report will document the conclusions drawn.
This report will include:
• Copy of the CQCR
• Summary of findings
• Explanation of analysis
• Summary of any action(s) determined appropriate

ODOT will provide the requester a copy of the report documenting the findings of the
evaluation within 10 days of the reports completion. For more complex investigations, the
requester will receive information about the evaluation plan and timeline. Periodic updates on the
progress of the CQCR evaluation will be provided based on this plan. The requester will also
receive information on the resolution and actions taken, or to be taken to address the accessibility
issue. This information will be shared in the necessary or preferred format of communications,
such as large print, Braille, e-mail or audio recording. Oral communications by videophone or
TTY are also options. This same report with the same information is also shared with parties
within ODOT who will implement any corrective action. Follow-up by staff from the Office of
Civil Rights ensures all corrective action is completed.

ODOT staff wants to hear about all barriers and suggested solutions. Staff will continue
to make full efforts to ensure accessibility to all and compliance with ADA requirements by
implementing improvements. Some requests may not be able to be accommodated immediately
and some suggested solutions may not be feasible. ODOT staff will make best efforts, as part of
the evaluation of the CQCR, to explore viable alternatives. Once findings from an evaluation
have been shared with the requester, follow-up questions can be directed to the staff of the Office
of Civil Rights who will pursue any new, additional information.

16. Self-evaluation and transition plan
ODOT has independent obligations under the ADA to update its ADA transition plan,
and conduct assessments in connection with that plan. Nothing in this Agreement is intended to
expand or reduce any obligations ODOT has under the ADA with regard to a transition plan, nor
does this Agreement create any enforceable rights regarding the transition plan. ODOT intends
to continue to fulfill its ongoing transition plan obligations, separate and apart from this
Agreement.

Notwithstanding the foregoing, ODOT will welcome input from Plaintiffs, the
Accessibility Consultant, and other interested parties on how to conduct the self-evaluation and
update to its transition plan.

17. Joint press release
The Parties agree to announce this settlement in a joint press release describing their
partnership in improving Accessibility throughout the Oregon State Highway System.

18. Enforceable agreement, class certification, and fairness hearing
This Agreement shall be filed with the United States District Court for the District of
Oregon – Portland Division contemporaneously with Disability Rights Oregon (DRO) filing on
behalf of named class members of a federal class-action complaint alleging statewide violations
of Title II of the ADA and Section 504 of the Rehabilitation Act (Plaintiff’s Second Amended
Complaint) with respect to curb ramps and associated pedestrian signals and seeking declaratory
and injunctive relief. DRO shall take steps necessary to certify a class with respect to curb ramps
and associated pedestrian signals (hereinafter, the class) and ODOT will stipulate to class
certification.

Upon class certification, the Parties will jointly request approval of the Agreement
pursuant to Fed. R. Civ. P. 23(e). After notice to all class members, the Court will conduct a
fairness hearing pursuant to Fed. R. Civ. P. 23(e) to decide whether the Agreement is a fair,
adequate and reasonable resolution of the claims of the plaintiff class. The Parties agree to
cooperate in presenting the Agreement to the Court and urging its approval as fair and
reasonable.

If approved, the Court shall enter this Agreement as an order of the Court, and retain
jurisdiction over this Agreement until its termination. The Effective Date of the Agreement shall
be the date of entry by the Court.

Should the Court approve this Agreement, the Agreement shall preclude any member of
the class from asserting any claims for declaratory or injunctive relief that are based on or arise
out of the facts and practices alleged in the Second Amended Complaint relating to curb ramps
and associated pedestrian signals.

ODOT shall pay any costs related to class certification. Plaintiffs shall be entitled to an
award for any costs, expert witness fess and reasonable attorney fees in connection with class
certification.

Except as provided in this Agreement, during the pendency of this Agreement, Plaintiffs
shall not file suit under the ADA for any claim or allegation set forth in the Second Amended
Complaint declaratory or injunctive relief related to curb ramps and associated pedestrian signal.
Class members shall not be precluded from asserting claims for damages arising from
allegations that curb ramps or associated pedestrian signals are not in compliance with the ADA
or Section 504 of the Rehabilitation Act. Class members are not precluded from asserting claims
that pedestrian signals not associated with curb ramps violate the ADA, and/or Section 504 of the
Rehabilitation Act. All claims for violations of the ADA and Section 504 for work performed in
compliance with this Agreement are barred.

Class members shall not be precluded from asserting any claims based upon facts and
practices alleged in the complaint unrelated to curb ramps and associated pedestrian signals.
Any claims based upon facts and practices alleged in the original or First Amended Complaint
unrelated to curb ramps and associated signals will be dismissed without prejudice.
As described in this section, “curb ramps and associated pedestrian signals” shall include
the curb ramps, signal pushbuttons, audible indicators, turning spaces immediately adjoining the
curb ramp used to access the ramp, clear spaces immediately adjoining any signal button to
enable a person in a mobility device to access the button, and pavement immediately adjoining a
curb ramp used in determining the counter-slope. It shall not include any section of sidewalk,
crosswalk, or other pedestrian facility other than that immediately adjoining a curb ramp or
pedestrian signal.

19. No admission of fault
In entering into this settlement Agreement, ODOT does not admit any wrongdoing or
liability to Plaintiffs, or any entitlement by Plaintiffs to any relief under any claim upon which
relief is sought in their complaint in this or any other matter. Inclusion of obligations under
requirements in this Agreement shall not be construed as a finding or determination by the Court
that, absent this Agreement, ODOT would otherwise have such obligations or requirements.

20. Force Majeure
ODOT shall not be considered in breach of this Agreement to the extent that performance
of any of the obligations incurred herein is prevented by an event of Force Majeure, including
but not limited to: acts of God (such as, but not limited to, fires, explosions, earthquakes,
drought, tidal waves and floods); war, hostilities, invasion, act of foreign enemies, rebellion,
revolution, insurrection, or military or usurped power, or civil war; contamination by radioactivity
from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel,
radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or
nuclear component of such assembly; riot, commotion, strikes, lock outs or disorder; or acts or
threats of terrorism.

21. Funding
Nothing in this Agreement will be construed as permitting any violation of Article XI,
Section 7 of the Oregon Constitution or any other law regulating liabilities or monetary
obligations of the State of Oregon. ODOT will make diligent efforts to obtain necessary
funding, appropriations, limitations, allotments, or other expenditure authority.

22. Authorized signatures
The signatures below of officials and attorneys representing the class Plaintiffs, and the
State signify that these Parties have given their final approval to this Agreement. Each party to
this Agreement represents and warrants that the person who has signed this Agreement on behalf
of his or her entity or clients is duly authorized to enter into this Agreement and to bind that
party to the terms and conditions of this Agreement.

23. Integrated agreement
This Agreement and any documents incorporated by reference constitute the entire
integrated Agreement of the Parties.

24. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original, and the counterparts shall together constitute one and the same Agreement,
notwithstanding that each party is not a signatory to the original or the same counterpart. All
references to signature or execution of the Agreement shall be calculated from the date on which
the last party executed the Agreement.

25. Notices
“Notice” under this Agreement shall be provided to the following or their successors:
Oregon Department of Transportation
355 Capitol Street NE, MS 11
Salem, OR 97301-3871
Attorney General
Page 13 of 17
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
General Counsel
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
Disability Rights Oregon
610 S.W. Broadway, Suite 200
Portland, OR 97205
Page 14 of 17
Law Offices of Stephen L Brischetto
Attorneys at Law
621 SW Morrison St Ste 1025
Portland OR 97205

26. Transportation remediation
The Parties agree that mitigation of transportation barriers for persons with disabilities is
important, especially in areas on state highways where transit is limited and curb ramps have not
yet been remediated. Before January 2017, ODOT will recommend the following to the Public
Transportation Advisory Committee (PTAC).
a. ODOT Recommendations to PTAC Regarding PTAC Members
1. ODOT agrees to recommend to PTAC that it select an AOCIL
member to fill the new Senior and People with Disabilities position
on PTAC.
2. When the current Citizen/Transit User-at-large position on PTAC
becomes vacant, ODOT agrees to recommend that PTAC consider
candidates who are public transit consumers who self-identify as a
person with a disability.
b. ODOT Recommendation to PTAC Regarding Workgroup
ODOT will recommend that the PTAC form a permanent workgroup that focuses on
helping Persons with Disabilities engage in transit statewide and to mitigate barriers. ODOT will
also recommend to PTAC that the Disability Workgroup will address the following issues:
1. Investigate and solicit additional sources of funds to augment
existing special ride programs to mitigate barriers throughout the
state including taxi voucher programs, shuttle programs, and
paratransit.
2. Identify methods to promote service of the target areas by local
entities.
3. Analyze gaps in disability transit statewide, and analyze the state
allotment of funds, including but not limited to division of funds
based on population of seniors, people with disabilities, and
location of target areas to see if additional prioritization is
warranted.
4. Recommend changes to state management plan to serve target
areas, and to serve persons with disabilities throughout the state
regardless of state highways.
Page 15 of 17
5. Prepare a case study of South Lane Wheels with model procedures
and grant applications, so that other local entities could adopt
similar programs.
6. Investigate and solicit a study, possibly through encouraging an
entity to apply for a grant using 5311 planning dollars, on any of
the above topics.

IF PTAC agrees to form the workgroup, any recommendations from the workgroup will
be made to PTAC. IF PTAC decides to support the recommendation and recommends that
ODOT adopt any of the workgroups recommendations, ODOT will reconsider only those
recommendations that comply with federal and state laws and requirements

27. Education and outreach
During the class notice period, ODOT will jointly partner with AOCIL in coordinating
meetings regarding this Agreement in each of the five ODOT regions. ODOT agrees to supply a
meeting room in each ODOT region for these meetings. AOCIL will provide notification of
these meetings to interested parties known to AOCIL; ODOT will post notice of these meetings
on its website and issue public notice of these meetings. ODOT and AOCIL will work together
to develop the agenda for these meetings.

After this Agreement is approved by the Court, ODOT will offer a presentation during
public meetings of various regularly scheduled ODOT Transportation Advisory Groups, such as
the Public Transportation Advisory Committee (PTAC) and the Bicycle/Pedestrian Plan Policy
Advisory Committee. ODOT will make best efforts to schedule at least four such meetings each
year through 2021 in geographically dispersed locations. These meetings will be designed to
educate and engage the public about the work ODOT has performed under the Agreement, or is
planning to perform, the availability of alternate routes during construction, the priorities of
remediation, and the public complaint and request process. The meetings will also solicit public
comment on the status of accessible public pedestrian walkways and facilities under ODOT’s
control in local communities. ODOT will collaborate with AOCIL to engage the local disability
community and advertise these meetings.

WHEREFORE, the Parties hereby execute this Agreement,
_______________________________ ______________________
Martha Mae Bryson Date
________________________________ ______________________
Kimberly Morrisey Date
_______________________________ ______________________
Carrie Taylor Date
________________________________ ______________________
Laura Potts Date
_______________________________ ______________________
Laurie Sitton Date
_______________________________ ______________________
Dave Maule Date
________________________________ ______________________
Jordan Ohlde Date
________________________________ ______________________
William Phillips Date
________________________________ ________________________
Matthew Garrett Date
Oregon Department of Transportation
By: _____________________________
Print Name: Matthew Garrett_______
Its: Director ___________________
Date: ___________________________
Association of Oregon Living Centers
By: _____________________________
Print Name: _ ______
Page 17 of 17
Its: ___________________
Date: _________________________
APPROVAL AS TO FORM:
By: ____________________________ Date: _____________________
Stephen Brischetto
Attorney for Plaintiffs
Disability Rights Oregon
By: ____________________________ Date: _____________________
Kathleen Wilde
Attorney for Plaintiffs
Oregon Department of Justice
By: ____________________________ Date: _____________________
Carla Scott
Attorney for State Defendants