Hello,
Below is the full text of the Citibank ATM agreement. the significance
of this is that Citibank is the only major financial institution to
primarily use touch screen atm's without any keyboard interface. Other
atm's have a keypad intergraded into the design of the machine. Even
without this, an access solution was created. Feedback is still welcome
and highly desired, so please send any comments or constructive ideas so
the solution can be even better.
Kelly
National Settlement Agreement
This National Settlement Agreement ("Agreement") is entered into as of
the 10th day of May, 2001 ("Effective Date") by and between Steven
Mendelsohn and Kathleen Martinez (collectively, the "Claimants") and the
California Council of the Blind ("Council") (collectively, the
"Individual Claimants") on the one hand, and Citibank, N.A. and its
parents, subsidiaries and affiliates ("Citibank") on the other hand, for
the purposes and on the terms specified herein. This Agreement operates
in conjunction with the Confidential Addendum to this Agreement.
Recitals
A. Each of the Individual Claimants has been a customer of Citibank, has
one or more accounts with Citibank, is blind or vision-impaired, and is a
person with a disability.
B. Council is a non-profit corporation that provides advocacy services
on behalf of blind and vision-impaired persons in the State of
California, is dedicated to promoting the well-being of blind and
vision-impaired persons, and provides information to the general public
about the accomplishments, needs and contributions of blind and
vision-impaired persons. Council is incorporated and has its place of
business in the State of California. Among Council's members, and those
on whose behalf it advocates and provides services, are many individuals
with disabilities who hold bank accounts with Citibank or who hold bank
accounts with other banks and would like to utilize Citibank automated
teller machines that are owned, leased or operated by Citibank ("Citibank
ATMs") to access those accounts.
C. The law firm of Saperstein, Goldstein, Demchak & Baller
("Saperstein"), the Law Office of Elaine B. Feingold ("Feingold") and the
Disability Rights Education & Defense Fund ("DREDF") (collectively
"Claimants' Counsel") represent the Claimant Parties.
D. Certain Citibank businesses conduct banking activities in certain
states within the United States, including the States of California and
New York.
E. Certain Citibank ATMs are operated by Citibank on its banking
premises in the United States. These ATMs are proprietary to Citibank
and are currently accessed by customers and ATM network users solely by
touch screens ("On-Premises ATMs").
F. Certain other Citibank ATMs are operated by Citibank at third-party
locations in
the United States. These ATMs are not proprietary to Citibank, and they
currently include keypads for individuals to use when conducting banking
transactions ("Off-Premises ATMs").
G. This matter began when Claimants sent Citibank a letter alleging that
Citibank had failed to provide equal access for blind and vision-impaired
persons ("Persons with Vision Impairments") in California to On-Premises
ATMs and proposed entering into discussions with Citibank as an
alternative to litigation for resolving their claims.
H. Citibank, with input from Claimants, has been working to develop
technological enhancements for the On-Premises ATMs that enable Persons
with Vision Impairments to independently use the ATMs to access all
functions provided to sighted persons. Citibank and Claimants have met
periodically to discuss and test various potential solutions designed to
provide such enhanced access for Persons with Vision Impairments at the
On-Premises ATMs. After designing and testing numerous potential designs
as possible interface solutions, Citibank agreed to pilot test a method
of providing voice and sound output at the On-Premises ATMs using a "text
to speech" screen reader ("Screen Reader") and an earphone jack for
privacy. On-Premises ATMs with these features will be referred to herein
as "On-Premises ATMs with Screen Readers."
I. On July 1, 1999, Claimants and Citibank entered into a Preliminary
Agreement setting forth various terms governing the pilot testing of
On-Premises ATMs with Screen Readers in California, and prescribing
subsequent negotiations regarding the schedule for deployment of
On-Premises ATMs with Screen Readers at the On-Premises ATM locations
across the United States, and other issues related to claims raised
during the course of the parties' negotiations (collectively referred to
hereinafter as "Subsequent Negotiation Issues").
J. On-Premises ATMs with Screen Readers have been pilot tested at five
locations in California since November 1, 1999 ("California Pilot
Project"). As a result of the pilot testing in California, and pursuant
to Claimants' input, the parties determined that certain modifications
should be made in order to increase the ease of operation and usability
of the On-Premises ATMs with Screen Readers. Accordingly, Citibank has
developed hardware and software modifications to the On-Premises ATMs
with Screen Readers so that the On-Premises ATMs with Screen Readers
installed pursuant to this Agreement will have the following features
that were not part of the On-Premises ATMs with Screen Readers that have
been pilot tested in California: (1) volume control; (2) initial audio
instructions that can be accessed upon headset insertion and which will
inform the user how to initiate full audio instructions; (3) audible
orientation regarding the location of all slots and dispensers, including
the location of the card reader, the method of card insertion, and the
location of the deposit slot, cash dispenser, and receipt dispenser,
delivered at the time the particular component is utilized; (4) improved
navigation logic and audible instructions for and confirmation of numeric
entries, except for entry of personal identification numbers; and (5)
improved Tactilely Discernible Controls (i.e., controls located and
operated by feel), consisting of a physical navigation guide to assist
users with tactile locations and differentiation of three navigation
touch areas at the bottom of the touch screen.
K. As mandated by the Preliminary Agreement, on February 1, 2000, the
parties began negotiations in good faith to enter into a further
agreement regarding the Subsequent Negotiation Issues. By mutual
agreement, the parties extended the sixty (60) day period that the
Preliminary Agreement prescribed for these negotiations. During these
negotiations, the parties determined that additional pilot testing of
On-Premises ATMs with Screen Readers in different geographic areas will
be advantageous and necessary for the successful development of
On-Premises ATMs with Screen Readers that will provide full functionality
to Persons with Vision Impairments. The parties also resolved other
issues regarding the deployment nationwide of On-Premises ATMs with
Screen Readers.
Therefore, for good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, and intending to be legally bound, the
parties agree as follows:
Obligations
1. Duration and Scope of Agreement.
The terms of this Agreement shall apply to Citibank's provision of ATMs
in every State in the United States in which Citibank ATMs are provided
for public use and in the District of Columbia. The terms of this
Agreement shall remain in effect from the Effective Date to six months
after completion of the Roll-Out Program described in section 2.5, below.
2. Deployment of On-Premises ATMs with Screen Readers.
2.1. Features of On-Premises ATMs with Screen Readers.
Each On-Premises ATM with Screen Reader installed pursuant to this
Agreement
will have the following features: (1) speech output by means of "text to
speech" screen reader ("Screen Reader"); (2) volume control; (3) initial
audio instructions that can be accessed upon headset insertion and which
will inform the user how to initiate full audio instructions; (4)
Tactilely Discernible Controls, which consist of three touch zones along
the bottom of the screen identified by means of brailled markings and
finger indentations; (5) private audible output of information by means
of an earphone, with the earphone jack a standard, 3.5 millimeter size
placed in an easily locatable position, which shall be in the same
location on every On-Premises ATM with Screen Reader; (6) the same degree
of privacy of user input as is provided to sighted users; (7) ability for
the user to review and correct entries without canceling the entire
transaction to the same extent that sighted users of the ATM can so
review and correct entries for the particular transaction, except for
entry of personal identification numbers; (8) audible transaction prompts
to enable completion of each function required to be accessible pursuant
to this Agreement; (9) audible operating instructions and orientation to
machine layout, provided as an introduction to machine use and provided
throughout the transaction sequence; (10) ability for the user to
interrupt (bypass) audible instructions; (11) ability for the user to
repeat audible instructions, except for entry of personal identification
numbers; and (12) audible verifications for all inputs, except that entry
of the personal identification number need not be verified audibly with
numbers.
2.2. Functionality of On-Premises ATMs with Screen Readers.
All On-Premises ATMs with Screen Readers developed, pilot tested and
installed pursuant to this Agreement will utilize a software application
with the following functionality for Citibank consumer deposit accounts:
cash withdrawal and deposit options equal to those permitted on other
ATMs that provide the maximum functionality at the Citibank site where
the On-Premises ATM is located, account information, including account
balance before and after other functions are executed, transfers of
funds between all accounts, and New Functions pursuant to section 2.6.
All On-Premises ATMs with Screen Readers installed pursuant to this
Agreement will utilize a software application with the following
functionality for network users who hold accounts with financial
institutions other than Citibank: cash withdrawals from primary
checking, savings and credit card accounts, account balances after other
functions are executed (as permitted by the user's financial
institution), and transfers of funds between primary checking, savings
and credit card accounts, and New Functions pursuant to section 2.6, when
any of the aforementioned activities are supported by the user's
financial institution and when offered at other Citibank ATMs available
at the same location.
2.3. Development and Laboratory Testing.
Prior to the Effective Date, Claimants , Claimants' Counsel and their
consultant participated in laboratory testing of On-Premises ATMs with
Screen Readers that contain all of the features and functionality
described in sections 2.1 and 2.2, above ("Development and Laboratory
Testing Phase"). Within ten (10) business days after this testing
occurred, Claimants provided Citibank with written comments and
suggestions regarding the On-Premises ATMs with Screen Readers'
operation, usability and flow. Citibank shall give good faith
consideration to all written comments provided by Claimants in an effort
to incorporate Claimants' suggestions into the On-Premises ATMs with
Screen Readers that will be installed pursuant to sections 2.4 and 2.5,
herein. Within ten (10) business days after receiving Claimants' written
comments, Citibank shall inform Counsel in writing regarding whether
Citibank will incorporate each of Claimants' comments or suggestions into
the On-Premises ATMs with Screen Readers installed pursuant to this
Agreement. As to any comment or suggestion that Citibank determines
cannot be so incorporated, Citibank will state the reason for its
position.
2.4. National Pilot Project for On-Premises ATMs with Screen-Readers.
2.4(a) National Pilot Project Schedule and Locations.
At the conclusion of the Development and Laboratory Testing Phase, and
by no later than February 15, 2001, Citibank shall commence a National
Pilot Project for testing On-Premises ATMs with Screen Readers. Citibank
shall use its best efforts to complete the installation of one
On-Premises ATM with Screen Reader, as described in sections 2.1 and 2.2,
above, as soon as possible and by no later than May 28, 2001, at each of
five (5) Citibank branch or financial center locations for pilot testing
(hereinafter "On-Premises Pilot Locations") in New York, New York.
Citibank will give good faith consideration to any On-Premises Pilot
Locations recommended by Claimants. Additionally, Citibank shall provide
Claimants with oral status reports at least once every ten (10) days
after the Effective Date until the installation is completed.
2.4(b) Upgrade of California Pilot On-Premises ATMs with Screen
Readers.
Citibank shall use its best efforts to upgrade the On-Premises ATMs with
Screen Readers that were installed during the California Pilot Project,
as soon as possible and by no later than May 14, 2001, to include the
features and functionality described in sections 2.1 and 2.2, above.
Citibank shall provide Claimants with oral status reports at least once
every ten (10) days after the Effective Date until the upgrade is
completed.
2.4(c) Input Regarding National Pilot Project On-Premises ATMs with
Screen Readers.
2.4(c)(1) Input from Claimants.
During the National Pilot Project, Citibank personnel will meet or confer
with representatives of Claimants at least once every sixty (60) days to
demonstrate and report on the progress of the National Pilot Project and
to elicit Claimants' input regarding the operation, usability and flow of
the On-Premises ATMs with Screen Readers. Within ten (10) business days
after this communication occurs, Claimants shall provide Citibank with
written comments and suggestions regarding the On-Premises ATMs with
Screen Readers' operation, usability and flow. Citibank shall give good
faith consideration to all written comments provided by Claimants and
will make a good faith effort to incorporate Claimants' suggestions into
the On-Premises ATMs with Screen Readers that will be installed pursuant
to section 2.5, herein. Within ten (10) business days after receiving
Claimants' written comments, Citibank shall inform Counsel in writing
regarding whether Citibank will be able to incorporate each of Claimants'
comments or suggestions into the On-Premises ATMs with Screen Readers to
be installed pursuant to section 2.5 of this Agreement. As to any
comment or suggestion that Citibank determines cannot be so incorporated,
Citibank will state with specificity the reason for its position.
2.4(c)(2) Input from Other Persons with Vision Impairments.
During the National Pilot Project, Citibank will accept input from
Persons with Vision Impairments regarding On-Premises ATMs with Screen
Readers. To the extent such input is received at bank branches, or by
means of telephone communications from Persons with Vision Impairments
through the Citibank toll free telephone customer service, Citibank will
record such input on standard forms created by Citibank, relevant
information from which shall be provided to Claimants upon reasonable
request therefor, subject to the condition that Citibank will not provide
information subject to any restrictions relating to rights of privacy or
confidentiality.
2.5. National Roll-Out of On-Premises ATMs with Screen Readers.
2.5(a) On-Premises Roll-Out Locations.
As used herein, the term "On-Premises Roll-Out Location" means a street
address that includes one or more On-Premises ATMs.
2.5(b) National Roll-Out Schedule.
Citibank will begin a roll-out of On-Premises ATMs with Screen Readers
("National Roll-Out Program") at the conclusion of the National Pilot
Project. During the National Roll-Out Program, Citibank shall install
one On-Premises ATM with Screen Reader, as described in sections 2.1 and
2.2, above, at each On-Premises Roll-Out Location within the United
States. By no later than December 31, 2001, at least twenty percent
(20%) of On-Premises Roll-Out Locations will be equipped with an
On-Premises ATM with Screen Reader. By no later than September 30, 2002,
one-hundred percent (100%) of On-Premises Roll-Out Locations within the
United States will be equipped with an On-Premises ATM with Screen
Reader.
2.5(c) Information Regarding On-Premises Roll-Out Locations.
Citibank shall provide Claimants with notice, at least forty-five (45)
days prior to the scheduled installation date, of the proposed
On-Premises Roll-Out Locations where On-Premises ATMs with Screen Readers
are to be installed during the first six months of the National Roll-Out
Program. Citibank shall give good faith consideration to all On-Premises
Roll-Out Locations recommended by Claimants.
2.6 New Functions on On-Premises ATMs with Screen Readers.
All new functions that Citibank adds to any Citibank ATM for the first
time after the Effective Date shall be made accessible to Persons with
Vision Impairments through On-Premises ATMs with Screen Readers as
follows:
2.6(a) All On-Premises ATMs with Screen Readers that have not yet been
rolled out as of the date that the new function becomes available to the
general public will include the new function when the On-Premises ATM
with Screen Reader is rolled out, provided that the function is available
to sighted persons at the particular On-Premises Roll-Out Location;
2.6(b) All On-Premises ATMs with Screen Readers that have been rolled
out before the new function becomes available to the general public will
include the new function within sixty (60) days after the date that the
new function becomes available, provided that the function is available
to sighted persons at the particular On-Premises Roll-Out Location.
2.7 Subsequently Acquired On-Premises ATM Locations.
2.7(a) Each and every branch, financial center, and other consumer
banking premises within the United States that is owned, leased or operat
ed by Citibank, is opened to the public for the first time after the
Effective Date, and which contains ATMs built by Citibank shall be
equipped with one On-Premises ATM with Screen Reader by no later than the
date that the location first provides Citibank ATMs to the public.
2.7(b) If during the term of this Agreement Citibank acquires another
financial institution or other third party that offers ATMs for public
use, Citibank shall notify Claimants in writing of such acquisition
within thirty (30) days of the date that the acquisition becomes final.
Within thirty (30) days of Claimants' receipt of the notice, the parties
shall begin negotiating in good faith in an effort to make the ATMs at
these acquired locations independently usable by Persons with Vision
Impairments and the schedule for deploying that method at all such
acquired locations. Such negotiation shall continue for a period not to
exceed ninety (90) days unless the parties agree in writing to extend
this negotiation period.
2.8 Subsequently Relinquished ATM Locations.
If Citibank ceases to own, lease or operate an On-Premises Roll-Out
Location after the Effective Date, that Roll-Out Location shall no longer
be subject to this Agreement as of the date upon which Citibank ceases to
own, lease or operate the Roll-Out Location, and such subsequently
relinquished Roll-Out Location shall no longer be considered in
calculating Citibank's rollout schedules unless the Roll-Out Location is
relinquished to a parent, subsidiary or affiliate of Citibank, in which
case the Roll-Out Location shall remain subject to this Agreement.
2.9 No Surcharges for Use of Pilot On-Premises ATMs with Screen Readers.
During the period between February 15, 2001 and January 1, 2002,
Citibank will not impose any surcharges on Persons with Vision
Impairments using the pilot On-Premises ATMs with Screen Readers
installed or upgraded pursuant to this Agreement. If Citibank has
reasonable cause to believe that persons who are not vision impaired are
utilizing On-Premises ATMs with Screen Readers solely for the purpose of
avoiding surcharges, Citibank shall notify Claimants in writing and
provide Claimants with data supporting Citibank's position. Within ten
(10) days of receiving such notification, the parties will confer
regarding a modification of this provision. If the data supports
Citibank's position, Citibank will be entitled to cease waiving such
surcharges.
2.10 Maintenance of On-Premises ATMs with Screen Readers.
Citibank will maintain the On-Premises ATMs with Screen Readers in the
same manner as it maintains its other On-Premises ATMs.
2.11 Hours of Operation of On-Premises ATMs with Screen Readers.
Whenever an On-Premises Roll-Out Location has multiple ATMs with varying
hours of operation, the On-Premises ATM with Screen Reader shall have the
same scheduled hours of operation as the ATM with the longest hours of
operation at that location.
2.12 Locations with Different Types of Citibank ATMs.
If during the term of this Agreement any On-Premises Roll-Out Location
contains both
Citibank proprietary ATMs and ATMs manufactured by Citibank's ATM vendor,
the Citibank Talking ATM at that Roll-Out Location shall be an
On-Premises Talking ATM with Screen Reader, as described in sections 2.1
and 2.2, above.
2.13 Visual and Tactile Signage and Labels.
Each On-Premises ATM with Screen Reader installed or upgraded pursuant
to this Agreement shall have a sign that identifies the machine as a
Citibank Talking ATM. Any text in that sign shall be in large print and
Braille. Any non-text symbol on the sign shall be tactile. All
On-Premises ATMs with Screen Readers installed pursuant to this Agreement
shall have Braille labels identifying the following components: all
keys, the earphone jack, deposit slot, card slot, cash dispenser and
receipt dispenser. All characters and symbols on all signs and labels
required by this section shall contrast with their background.
2.14 Private Listening Devices.
A supply of private listening devices necessary to utilize any
On-Premises ATM with Screen Reader shall be made available and provided
free of charge to Persons with Vision Impairments.
2.15 Provision of Information to Claimants.
2.15(a) Throughout the On-Premises Roll-Out Program, Citibank shall
provide
Claimants' Counsel with the address of each On-Premises ATM with Screen
Reader installed pursuant to this Agreement within two weeks of the date
upon which the On-Premises ATM with Screen Reader is installed. Such
address notification shall be provided in writing either via United
States mail or e-mail.
2.15(b) Twice annually during the pendency of this Agreement, beginning
six months after the National Pilot Project commences, Citibank will
provide to Counsel in writing the following information (if applicable
during the reporting period) about the Rollout Programs:
2.15(b)(1) the number of locations in the United States containing
On-Premises or Off-Premises ATMs broken down by state;
2.15(b)(2) a list of any new functions, as defined in section 2.6,
above.
2.15(c) Within ten (10) days of receiving the information required by
section 2.15(a) above, Claimants may request additional information
reasonably related to implementation of this Agreement. Within thirty
(30) days of Claimants' request, Citibank shall provide such information
to Claimants or state objections to same in writing.
3. Future Negotiations.
By no later than April 30, 2001, Citibank and Claimants shall negotiate
in good faith regarding the subjects listed below. To ensure the
effectiveness of these future negotiations, the parties may exchange
information about the subjects listed below, upon reasonable request
therefor. The future negotiations shall continue for a period not to
exceed ninety (90) days unless the parties agree in writing to extend
this negotiation period.
3.1 Off-Premises Talking ATMs.
The parties shall negotiate to determine whether a reasonable and
appropriate method is available for making Off-Premises ATMs
independently usable by Persons with Vision Impairments and, if so, the
schedule for deploying that method at all Citibank Off-Premises ATM
Locations in the United States.
3.2 Multiple Languages.
The parties shall negotiate to determine whether a reasonable and
appropriate method is available for providing speech output through each
On-Premises ATM with Screen Reader in all languages in which text is
presented on the screen of each such ATM, and, if so, the schedule for
deploying that method at all Citibank Off-Premises ATM locations in the
United States.
4. Training of Citibank Personnel.
4.1 Training Topics.
Citibank will train relevant employees regarding the location, use and
operation of On-Premises ATMs with Screen Readers and the private
listening devices necessary to use such ATMs, and will instruct such
employees in appropriate methods of instructing Persons with Vision
Impairments how to use ATMs generally and the On-Premises ATMs with
Screen Readers in particular. Citibank will train the employees
specified in section 4.2, below, in how to demonstrate On-Premises ATMs
with Screen Readers to Persons with Vision Impairments and how to respond
to such persons' questions about use of the On-Premises ATMs with Screen
Readers, and such demonstration shall be provided to Persons with Vision
Impairments upon reasonable request therefor. The employees specified in
section 4.2, below, who staff Citibank's toll-free telephone customer
service line, will also be trained to solicit and accept comments that
Persons with Vision Impairments wish to submit regarding the National
Pilot Project, pursuant to section 2.4(c)(2), above. Relevant employees
at On-Premises Pilot Locations shall also be trained to accept such
comments during the National Pilot Project.
4.2 Employees Subject to Training.
At a minimum, employees to be trained pursuant to this section shall
include a sufficient number of employees at each On-Premises Pilot
Location, On-Premises Roll-Out Location and Subsequently Acquired
On-Premises ATM Location, where the On-Premises ATMs with Screen Readers
are located. Employees to be trained pursuant to this section shall also
include a sufficient number of employees who staff Citibank's toll-free
telephone customer service line to ensure that Persons with Vision
Impairments receive accurate and timely responses to questions regarding
On-Premises ATMs with Screen Readers.
4.3 Training Materials and Program.
Citibank will provide Claimants and Counsel with copies of any training
materials, and the principal components of its training plan prior to
commencing the training required by this Agreement. Claimants shall
provide Citibank with comments upon these training materials within ten
(10) business days of receipt. Citibank shall give good faith
consideration to all such written comments and suggestions that Claimants
give pursuant to this section.
4.4 Training Schedule.
4.4(a) By no later than February 15, 2001, Citibank shall finalize the
training program, and shall commence initial training of its employees
who serve the public at locations where On-Premises ATMs with Screen
Readers are to be installed, and its employees who serve the public
through Citibank's toll-free telephone customer service regarding the
use, operation and location of On-Premises ATMs with Screen Readers.
4.4 (b) By no later than March 9, 2001, Citibank shall complete initial
training of the employees described above regarding the use, operation
and location of On-Premises ATMs with Screen Readers.
4.4 (c) Citibank will ensure that an adequate number of the new
employees hired after the Effective Date and after the date specified in
section 4.4 (b), who serve the public at Citibank locations where
On-Premises ATMs with Screen Readers are installed or who serve the
public through the Citibank's toll-free telephone customer service shall
receive information regarding use, operation and location of On-Premises
ATMs with Screen Readers consistent with the schedules and locations for
installation of such Talking ATMs, as part of their initial new employee
training.
5. Publicity Regarding On-Premises ATMs with Screen Readers.
5.1 Information to the General Public.
Beginning five (5) days prior to the installation of the first pilot
On-Premises ATM with Screen Reader, and continuing throughout the term of
this Agreement, Citibank will make a good faith effort to provide
information to the general public about its Talking ATM program and about
the location of all installed On-Premises ATMs with Screen Readers.
Citibank shall use its best efforts to provide such information through
the following methods: the Citibank website, a dedicated menu option on
the Citibank toll free telephone customer service, and live telephone
customer service operators and branch staff.
5.2 Information to Persons with Vision Impairments Regarding On-Premises
ATMs with Screen Readers.
Citibank will distribute public service announcements in order to
publicize the existence of the On-Premises ATMs with Screen Readers.
5.3 Joint Press Release to Announce Execution of this Agreement.
The parties will negotiate a joint press release to be issued within
five (5) days of the execution of this Agreement. If the parties cannot
agree on a joint press release, either party may send their own press
release, provided that (a) the content is consistent with this Agreement;
and (b) a copy of the release is provided to all parties and their
counsel at least twenty-four (24) hours before it is sent to the press.
5.4 Joint Press Release and Press Briefing to Announce Installation of
First Pilot On-Premises ATMs with Screen Readers in New York.
The parties will negotiate a joint press release and may choose to
schedule a joint press briefing to be issued and held as soon as
practicable after the pilot On-Premises ATMs with Screen Readers are
installed in New York. If the parties cannot agree on the content of the
joint press release, either party may send their own press release, and
schedule their own press briefing, provided that (a) the content of the
press release and (b) the location of the press briefing are communicated
to all parties and their counsel at least forty-eight (48) hours before
notification to the press.
6. Procedures for Dispute Resolution.
6.1 Notice of Non-Compliance.
If at any time a party believes that the other party has not complied
with any provision of this Agreement, that party shall provide the other
party with Notice of Non-compliance containing the following information:
6.1(a) the alleged act of non-compliance;
6.1(b) a reference to the specific provision(s) of the Agreement that
are involved;
6.1(c) a statement of the remedial action sought by the initiating
party;
6.1(d) a brief statement of the specific facts, circumstances and legal
argument supporting the position of the initiating party.
6.2 Meet and Confer.
Within ten (10) days of receipt of a Notice provided pursuant to section
6.1, Claimants and Citibank shall informally meet and confer and attempt
to resolve the issues raised in the Notice.
6.3 Informal Discovery.
As part of the meet and confer process, the parties shall exchange
relevant documents and/or other information and engage in informal
discovery in an attempt to resolve the issues raised in the Notice. Any
disagreement about information to be provided shall be handled pursuant
to the provisions of this section.
6.4 Submission to Binding Arbitration.
6.4(a) If the matters raised in a Notice provided pursuant to this
section are not resolved within thirty (30) days of the initial meet and
confer required by section 6.2, either party may submit the unresolved
matters to binding arbitration as set forth herein.
6.4(b) Any dispute arising out of or relating to this Agreement or the
breach,
termination or validity thereof, shall be finally settled by arbitration
conducted in accordance with the American Arbitration Association
Commercial Arbitration Rules, except as set forth in section 6.4(c),
below. Arbitration shall be conducted by three independent and impartial
arbitrators, of whom each party shall appoint one. Such arbitration will
take place in either San Francisco or Oakland, California. Judgment upon
the award rendered by the arbitrators may be entered in any court having
jurisdiction thereof.
6.4(c) Each party shall advance its own costs for participating in any
arbitration conducted pursuant to this provision. However, attorney's
fees, expenses, costs, including the costs of arbitration and filing
fees, and expert witness fees incurred in resolving any disputes arising
out of or relating to this Agreement shall be awarded in the arbitrator's
discretion, exercised pursuant to the Americans with Disabilities Act
standard for awarding fees, expenses and costs.
6.5 Law Governing Interpretation and Application of Agreement.
The terms of this Agreement, and the provisions thereof, shall be
interpreted and applied pursuant to the ADA or where the ADA does not
provide guidance, pursuant to the laws of the State of California.
7. Miscellaneous Provisions.
7.1 Modification in Writing.
No modification of this Agreement by the parties shall be effective
unless it is in writing and signed by authorized representatives of all
the parties hereto.
7.2 Agreement Binding on Assigns and Successors; No Third Party
Beneficiaries.
7.2(a) Assigns and Successors.
This Agreement shall bind any assigns and successors of Citibank, N.A.
Counsel shall be notified of the existence, name, address and telephone
number of any assigns or successors of Citibank within a reasonable time
thereafter.
7.2(b) No Third Party Beneficiaries.
This Agreement is for the benefit of the parties hereto only and no
other person or entity shall be entitled to rely hereon, receive any
benefit here from, or enforce against either party any provision hereof.
The parties specifically intend that there be no third party
beneficiaries to this Agreement.
7.3 Integrated Agreement.
This Agreement constitutes the entire Agreement relating to the subject
matters addressed therein.
7.4 Rules of Construction.
Each party and its legal counsel have reviewed and participated in the
drafting of this Agreement; and any rule of construction to the effect
that ambiguities are construed against the drafting party shall not apply
in the interpretation or construction of this Agreement. Section titles
used herein are intended for reference purposes only and are not to be
construed as part of the Agreement. The Recitals are integral to the
construction and interpretation of this Agreement and are therefore
incorporated into this Agreement in their entirety.
7.5 Notice or Communication to Parties.
Any notice or communication required or permitted to be given to the
parties hereunder shall be given in writing by certified or registered
U.S. mail, return receipt requested, by nationally recognized overnight
couriers, or by personal delivery addressed as follows:
To Claimants:
Linda M. Dardarian
c/o Saperstein, Goldstein, Demchak & Baller
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Fax No.: (510) 835-1417
email: [log in to unmask]
Elaine B. Feingold
Law Office of Elaine B. Feingold
1524 Scenic Avenue
Berkeley, CA 94708
email: [log in to unmask]
To Citibank, N.A.:
Benjamin D. Velella
One Court Square, 43rd Floor
Long Island City, NY 11120
email: [log in to unmask]
7.6 Triplicate Originals/Execution in Counterparts.
All parties and Counsel shall sign three copies of this document and
each such copy shall be considered an original. This document may be
executed in counterparts.
PARTIES: APPROVED AS TO FORM:
CITIBANK, N.A. CITIBANK, N.A.
By: __________________________ By: _______________________________
Citibank, N.A. Benjamin Velella, Esq.
STEVEN MENDELSOHN
SAPERSTEIN, GOLDSTEIN,
DEMCHAK & BALLER
By:___________________________ By:
_____________________________________
Linda M. Dardarian, Esq.
KATHLEEN MARTINEZ
LAW OFFICE OF ELAINE B. FEINGOLD
By: By: ________________________________
Elaine B. Feingold, Esq.
CALIFORNIA COUNCIL OF DISABILITY RIGHTS EDUCATION &
THE BLIND DEFENSE FUND
By: By:
Catherine Skivers Linda Kilb, Esq.
Mendelsohn v. Citibank
National Settlement Agreement
Page
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