STIPULATED MOTION AND FINAL JUDGMENT AND ORDER APPROVING CONSENT DECREE

JAMES L. ROBART, District Judge.

STIPULATION

The parties to this action, by and through their undersigned counsel, have settled this matter in its entirety on the terms and conditions set out in the Consent Decree attached hereto. The parties hereby stipulate and move for entry of the Consent Decree, in the form attached hereto as Exhibit A, and further move for the entry of final judgment. Plaintiffs' motion for attorneys' fees will be filed in accordance with Fed.R.Civ.P. 54(d)(2).

DATED this 2nd day of May, 2018.

ORDER AND FINAL JUDGMENT

BASED ON THE FOREGOING STIPULATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. For purposes of this Judgment and Order, the Court adopts the definitions set forth in the Consent Decree attached hereto as Exhibit A.

2. The Court has jurisdiction over the subject matter of this action and the Parties.

3. The Court hereby approves the settlement of this matter as reflected by the Consent Decree, and hereby approves the Consent Decree.

4. The Consent Decree shall be entered as an order of the Court.

5. In accordance with the terms of the Consent Decree attached hereto as Exhibit A, the Court retains exclusive and continuing jurisdiction over the Parties and the Consent Decree throughout the Term of the Consent Decree, for the purpose of supervising the implementation, enforcement, construction and interpretation of the Consent Decree and this Judgment. All challenges to and issues arising under the Consent Decree, its terms and implementation, shall be subject to the exclusive and continuing jurisdiction of this Court.

IT IS SO ORDERED this 2nd day of May, 2018.

EXHIBIT A

I. INTRODUCTION

1. Plaintiffs in this matter are Erik Twede, Olivia Williams, and Barry Long (collectively the "Plaintiffs"). Defendant in this matter is the University of Washington (the "University"), a public entity. The Plaintiffs and the University are referred to in this Consent Decree individually as a "Party" and collectively as the "Parties."

2. Plaintiffs' Complaint (Dkt. 1) asserted claims regarding the University's parking facilities and parking-related services, programs, and activities at its Seattle campus, under Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12165; the Rehabilitation Act of 1973, 29 U.S.C. § 794 (collectively, the "Acts"); and the Washington Law Against Discrimination, RCW 49.60.040 ("WLAD").

3. This Consent Decree is the product of a negotiated settlement among the Parties. The Parties agree that settlement of these matters without further litigation is in their respective interests and in the public interest, and that the entry of this Consent Decree ("Consent Decree") is an appropriate means of resolving these matters finally and completely. This Consent Decree constitutes a comprehensive settlement of all claims actually asserted and those that could have been asserted by the Parties against each other and hereby fully and forever releases any claims any Party may have against the other with respect to the University's parking facilities and parking-related services, programs, and activities, except for claims or disputes arising under the terms of this Consent Decree. Said settlement is intended to assure to the greatest degree possible that no further lawsuits for similar claims for declaratory and injunctive relief may be maintained at any time during the Term of this Consent Decree, and that the University will not be subject to conflicting judgments regarding compliance with Accessibility Requirements involving the University's parking facilities and parking-related services, programs, and activities throughout the Term of this Decree. The Parties stipulate to the entry of this Consent Decree to resolve this matter.

4. For clarification, this Consent Decree (including the above-stated intent regarding declaratory and injunctive relief and conflicting judgments) applies only to those elements and features of the University's Parking Facilities which are contained within the Boundaries of each Parking Facility, and not any elements or features which are located outside the Boundaries of each Parking Facility.

5. Section titles and other headings contained in this Consent Decree are included for ease of reference and shall have no substantive effect.

II. JURISDICTION AND VENUE

1. This Court has jurisdiction over Plaintiffs' claims under the Acts pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a)(3)-(4), and supplemental jurisdiction over Plaintiffs' state law claims pursuant to 28 U.S.C. § 1367.

2. Venue is proper in the Western District of Washington pursuant to 28 U.S.C. § 1391(b), because the University is located within this District and the acts or omissions complained of occurred in this District.

3. The Court shall, and hereby does, retain jurisdiction of this Action during the Term of the Consent Decree, as set forth herein, for the purpose of entering all orders that may be necessary or appropriate to enforce, implement, modify or terminate the provisions of this Consent Decree.

III. DEFINITIONS

As used in this Consent Decree, the following terms have the following definitions:

1. "2010 ADA Standards" means the standards set forth in the 2010 Americans with Disabilities Act Standards for Accessible Design, codified at 28 C.F.R. § 35.151 and 36 C.F.R. part 1191, and Appendices B and D.

2. "Accessibility Requirements" means all requirements of the ADA, the 2010 ADA Standards, the Rehab Act, and the WLAD applicable to the Parking Facilities.

3. "Accessible" means a condition or set of conditions that comply with the Accessibility Requirements.

4. "Action" means this proceeding.

5. "Acts" has the meaning set out on page 2 of this Consent Decree.

6. "Americans with Disabilities Act" or "ADA" means the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., including the 2010 ADA Standards.

7. "Best Efforts" means the efforts a reasonable entity in the University's position would use to perform that obligation in good faith.

8. "Boundary" means, with regard to any Parking Facility, a line that marks the outer limit of the area of the Parking Facility. With regard to a Parking Facility that directly abuts another building or facility, the Boundary of the Parking Facility is at the accessible entrance of the other facility (i.e. opening(s) or door landing(s)), but does not include any threshold, door, or entrance feature which is part of the other building or facility. With regard to a Parking Facility that does not directly abut another building or facility, the Boundary of the Parking Facility is the accessible pedestrian entrance(s) to that Parking Facility, and all sidewalks, paths or other routes beyond the accessible pedestrian entrance(s) to that Parking Facility are outside the Boundary of the Parking Facility.

9. "Compliant Facility" means any Parking Facility that meets the Accessibility Requirements. "Compliant Facility" also has the additional meanings set out in Sections V.3.3-V.3.5 below.

10. "Compliance Requirements" means the requirements of Sections V.2 below.

11. "Effective Date" means the date upon which the Consent Decree becomes a final, unappealable judgment of the District Court presiding over this Action.

12. "Final Compliance" has the meaning set out in Section V.8 below.

13. "Good Cause" has the meaning set out in Section V.3.1 below.

14. "Judgment" means a judgment entered by the District Court in this Action, substantially in the form attached to this Consent Decree as Exhibit A, which, among other things, fully approves this Consent Decree and retains the District Court's jurisdiction to enforce the Consent Decree throughout its term.

15. "Parking Facility" means those parking facilities (garages and lots) specifically identified in the First Amended Complaint in this action, Dkt. 30, and only refers to and includes those areas, conditions and Accessibility Requirements located inside the Boundaries of a Parking Facility. "Parking Facility" does not include any areas, conditions or Accessibility Requirements located outside of the Boundaries of any Parking Facility, and specifically does not include any Accessibility Requirements pertaining to or arising from any sidewalks, paths or other routes located outside the Boundaries of any Parking Facility.

16. "Parking Procedures" means those programs, services, activities, policies, and procedures of the University which pertain to Accessible parking in the Parking Facilities.

17. "Party" and "Parties" have the meaning set out on page 1 of this Consent Decree.

18. "Plaintiffs" has the meaning set out on page 1 of this Consent Decree.

19. "Rehab Act" means the Rehabilitation Act of 1973, 29 U.S.C. § 794.

20. "Term of the Consent Decree" has the meaning set out in Section IV.4 below.

21. "University" has the meaning set out on page 1 of this Consent Decree.

22. "UW ADA Coordinator" means the person to be hired by the University in accordance with the terms of Section V.4 below.

IV. EFFECTIVE DATE AND DURATION OF CONSENT DECREE

1. This Consent Decree and the agreements contained herein shall become effective and binding on the Parties on the Effective Date.

2. The Consent Decree and the agreements contained herein shall remain in effect until the latter of (1) Final Compliance; or (2) if applicable, the conclusion of any dispute resolution proceedings or action to enforce the Consent Decree.

3. The period during which the Consent Decree is effective is referred to herein as the "Term of the Consent Decree".

4. The Consent Decree shall be binding on the Parties and their respective agents and employees.

V. INJUNCTIVE RELIEF

1. Remediation of Noncompliant Parking Facilities. During the Term of the Consent Decree, the University will take action to remediate the Parking Facilities in order to meet all Accessibility Requirements in accordance with the provisions of this Consent Decree.

2. Compliance Requirements.

2.1. No later than September 30, 2020, and subject to the other terms of this Consent Decree, the University will have taken all steps necessary (including completion of remediation work) to make at least a total of thirty-five (35) of the Parking Facilities into Compliant Facilities, one of which shall be the Parking Facility designated as N22.

2.2. No later than five (5) years from the Effective Date, and subject to the other terms of this Consent Decree, the University will have taken all steps necessary (including completion of remediation work) to make at least a total of forty-three (43) of the Parking Facilities into Compliant Facilities, which may include those Parking Facilities described in the foregoing Section 2.1.

2.3. No later than ten (10) years from the Effective Date, and subject to the other terms of this Consent Decree, the University will have taken all steps necessary (including completion of remediation work) to provide the number of Accessible parking spaces on its Seattle campus specified in Section 2.3.1 below.

2.4. No later than fifteen (15) years from the Effective Date, and subject to the other terms of this Consent Decree, the University will have taken all steps necessary (including completion of remediation work) to make a total of seventy-seven (77) of the Parking Facilities into Compliant Facilities, which may include those Parking Facilities described in the foregoing Sections 2.1 and 2.2.

3. Additional Terms.

3.1. The University shall use Best Efforts to complete work needed to accomplish the Compliance Requirements. The parties recognize and agree that completing the work by these dates may not be possible due to Good Cause. "Good Cause" means unforeseen contingencies outside the University's control and shall include third party proposal, engineering and design development; permit preparation and issuance; environmental reviews; potential cultural heritage and other reviews; weather; significant budget hardship; and other unforeseen contingencies.

3.2. Plaintiffs and the University may agree in writing to extend the applicable Compliance Requirements specified above, in which case the parties will jointly petition the Court for relief from the Consent Decree. Plaintiffs will not unreasonably refuse to stipulate to requested extensions, so long as such requests are made in writing by the University to Plaintiffs no less than six months in advance of any Compliance Requirement deadline, the University demonstrates due diligence in attempting to meet the Compliance Requirement deadlines, and the University demonstrates Good Cause exists.

3.3. Any Parking Facility that is taken out of service as a parking facility on a permanent basis by the University for any legitimate operational reason, or is no longer under University management or ownership (including use of the Facility for some other purpose or retirement of a Facility due to age/life cycle) will be deemed a Compliant Facility and will count toward the Compliance Requirements.

3.4. Any Parking Facility that is taken out of service on a temporary basis by the University for any legitimate operational reason (to include use of the lot for some other purpose such as construction staging) will be deemed a Compliant Facility and will count toward the Compliance Requirements during the time period the facility is out of service.

3.5. Any Parking Facility that is not needed for program access at the University will be deemed a Compliant Facility and will count toward the Compliance Requirements so long as the University demonstrates that accessible parking spaces that would otherwise be required in that Parking Facility to provide access to University programs, services or activities are provided in other lots or facilities which provide equal or greater access and convenience for disabled users to the programs, services, or activities served by that Parking Facility.

4. In a reasonable amount of time, the University will hire a full-time ADA compliance coordinator (the "UW ADA Coordinator") to work on campus-wide compliance issues.

5. During the Term of the Consent Decree, the University will maintain grievance procedures in compliance with 28 C.F.R. § 35.107, and will use Best Efforts to publicize and to distribute information regarding the grievance reporting system.

6. During the Term of the Consent Decree, the University will use Best Efforts to enforce parking laws, policies, and regulations relating to parking in designated accessible spaces on its Seattle campus, and to issue accessible parking permits only to individuals entitled to them.

7. During the Term of the Consent Decree, the University shall use Best Efforts to train employees in the Transportation Services Department regarding compliance with the Acts; their implementing regulations; the WLAD; the University's Parking Procedures; and the requirements of this Consent Decree.

8. The University shall have reached Final Compliance when it has completed the Compliance Requirements of Section V.2.1 through V.2.4.

VI. REPORTING AND ENFORCEMENT; OTHER PROVISIONS

1. Compliance Requirement Reports. During the Term of the Consent Decree, the Parties will report to the Court regarding the University's progress toward the requirements set out in Section V above on the following dates:

2. Annual Determination Reports. During the Term of the Consent Decree, the University will provide Plaintiffs with an annual report setting out the University's determinations (with supporting information) as to which Parking Facilities it intends to remediate, and in which order and in what priority, to meet the Compliance Requirements in good faith. The report shall be supplied to Plaintiffs no later than January 15 of each year.

3. Annual Grievance Reports. During the Term of the Consent Decree, the University will provide Plaintiffs with an annual report identifying the substance and disposition of any grievances made to the University pursuant to grievance procedures maintained pursuant to Section V.5. The report shall identify each grievance separately; will provide University contact information for University personnel involved in the grievance; will include the substance of the grievance; and detail the University's resolution of each grievance.

4. Annual Compliance Reports. Within six (6) months of the Effective Date, and annually thereafter during the Term of this Consent Decree, the University will submit a report to Plaintiffs detailing the University's compliance with the requirements of Section V of this Decree.

5. Remediation Plan Compliance Pre-Approval. At its option, the University may provide remediation plans for specific Parking Facilities to Plaintiffs for review and approval prior to the work described in the plans taking place.

6. Post-Work Approval Process. Alternatively, when the University believes that a specific Parking Facility is a Compliant Facility, the University will provide to Plaintiffs a report with sufficient documentation to demonstrate the Parking Facility meets the relevant Accessibility Requirements, including photographs, surveys, measurements, ADA expert reports and findings, and other data underlying the report.

7. Approval Via Use of Joint Expert. Alternatively, as to any particular Parking Facility, the Parties may jointly elect and agree to employ a third party expert unaffiliated with any Party to assist in the development and approval of remediation plans, and to inspect the Parking Facility after work is completed to determine if the facility is a Compliant Facility. The Parties must jointly agree on any expert to be employed and must jointly agree to employ the expert for any specific Parking Facility. Use of a joint expert as to any Parking Facility will not require the parties to agree to use of a joint expert for any other Parking Facility. If the third party expert certifies that that the Parking Facility is a Compliant Facility after work is completed and after consultation with the Parties, then that certification shall be conclusive.

8. Enforcement. This Consent Decree shall be enforceable as an injunction. If any Party believes that this Consent Decree or any portion of it has been violated, or if any Party wishes to seek relief from the Court pertaining to the Consent Decree, said Party will follow the following procedures:

VII. FEES, COSTS, AND REPRESENTATIVE PAYMENTS

1. The University agrees to pay Plaintiffs $202,048.87 for expert fees and costs and $20,345.68 for other litigation costs within thirty (30) days of the Effective Date.

2. The Parties agree that Plaintiffs are the prevailing party in this matter and are entitled to recovery from the University of their reasonable attorney fees (excluding the expert fees and costs and other litigation costs paid pursuant to Section VII.1) associated with this matter. The parties will negotiate that amount, but if negotiation is unsuccessful, the parties will present the matter to the Court for determination.

3. The University agrees to pay to the individual Plaintiffs for the time, effort, and risk they took in bringing the injunctive relief claims of this action representative payments of $5,000 each. Said payments will be made within thirty (30) days of the Effective Date.

4. Plaintiffs may recover their reasonable attorney fees and costs associated with work performed pursuant to Sections V and VI of this Consent Decree during the Term of the Consent Decree.

VIII. RELEASE AND DISMISSAL

1. Plaintiffs, on behalf of themselves and their respective heirs, assigns, successors, executors, administrators, agents and representatives ("Releasing Parties"), hereby fully and finally release, acquit and discharge the University, effective as of the Effective Date, from any and all claims, allegations, demands, charges, complaints, actions, lawsuits, rights, liabilities, losses, injuries, obligations, disputes and causes of action of any kind, and whether known or unknown, suspected or unsuspected, asserted or unasserted, or actual or contingent, for injunctive, declaratory, or other non-monetary relief, however described, that were brought, could have been brought, or could be brought now or in the future by the Releasing Parties relating to or arising from any of the University's alleged actions, omissions, incidents, or conduct related to the parking facilities and parking-related services, programs, and activities prior to the Effective Date and through the end of the Term of the Consent Decree (the "Released Claims"). Such Released Claims, however, shall not include any claims to enforce the terms of the Consent Decree or any claims for relief arising from the University's violation of any term of the Consent Decree.

IX. MISCELLANEOUS PROVISIONS

1. All notices or other materials to be served to any Party shall be sent by overnight delivery (other than the United States Postal Service), and by email. Notice shall be deemed to have been made upon receipt of the overnight delivery. Notices shall be sent to:

2. Any Party may change the notification addresses or the persons to whom notification is to be sent on behalf of said Party by providing thirty (30) days' notice of such change to all other Parties.

3. The signatories represent that they have the authority to bind the respective Parties identified in Section I to the terms of this Decree.

4. If any due date or other deadline under this Consent Decree falls on a Saturday, Sunday, or legal holiday, such due date or other deadline shall be extended to close of business on the next business day.

5. This Consent Decree represents the entire agreement between Plaintiffs and the University. No prior agreements, representations, or statements shall be considered part of this Consent Decree.

6. This Consent Decree will be subject to approval by the District Court. However, nothing in this Consent Decree will be deemed to authorize the District Court to change or modify any of its terms in connection with the initial adoption of the Consent Decree and approval of the Parties' settlement. Any change, modification or rejection of any of the provisions of this Consent Decree by the District Court or any other court in connection with its initial adoption and approval by the District Court will constitute a material modification of this Consent Decree, and will give any Party the right to terminate the Consent Decree in its entirety. The District Court shall retain the authority to modify the Consent Decree after it is initially adopted and approved if circumstances warrant.

ORDER

Pursuant to the parties' stipulation, IT IS SO ORDERED.