6e Memo Settlement Agreement regarding accessibility

COMMISSION 
AGENDA MEMORANDUM                        Item No.          6e 
ACTION ITEM                            Date of Meeting    September 22, 2020 
DATE:     September 15, 2020 
TO:        Steve Metruck Executive Director 
FROM:    Pete Ramels, General Counsel 
Anne Purcell, Sr. Port Counsel 
Melinda Miller, Director, Real Estate Portfolio & Asset Management 
SUBJECT:  Settlement Agreement and Accessibility Improvements for Fisherman's Terminal 
Amount of this Request:       $1,530,000 
ACTION REQUESTED 
Request Commission authorization for the Executive Director to execute a settlement agreement
to resolve litigation that will result in making accessibility improvements to the commercial
parking facility at Fisherman's Terminal. 
SUMMARY 
Plaintiff filed a complaint against the Port alleging that the commercial parking facility at
Fisherman's Terminal does not meet accessibility requirements of the Americans with Disability
Act (ADA) and the Washington Law Against Discrimination.
The Port has been planning to make asphalt repairs at Fishermen's Terminal. The Port retained
a consultant to evaluate accessibility in the parking facility. The Port determined that it would
be beneficial to carry out accessibility improvements recommended by the consultant in
conjunction with the asphalt repairs. Through the settlement agreement, the Port will commit
to these accessibility improvements. 
The current planning-level estimate for the accessibility improvements and asphalt repairs is
$1,500,000. The improvements and repairs are being proposed as part of the 2021 Capital
Improvement Budget. The proposed project (FT ADA Compliance Project (CIP #C801198)) will 
include replacing multiple curb cuts and ramps, restoring the appropriate grade to all ADA
parking spaces, and replacing sidewalks and curbs to meet slope requirements. The best solutions 
to meet these requirements will be determined during the design phase of the project. 
In addition, the Port is committing to make near-term improvements to the parking facility 
including alterations to the number of accessible spaces, the size and striping of accessible spaces
and routes, and the height and visibility of signage. These improvements are estimated to cost
less than $30,000 and will be covered by 2020 budgeted expense funds for Fishermen's Terminal. 

Template revised September 22, 2016.

COMMISSION AGENDA  Action Item No. 6e                                  Page 2 of 2 
September 22, 2020 
The settlement agreement does not constitute an admission of liability; rather, the settlement is
recommended to avoid the time and expense of litigating claims. 
This matter was discussed in executive session.
There are no attachments to this memo. 
















Template revised September 22, 2016; format updates October 19, 2016.

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