SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WOODLAKE

IV.          IMPLEMENTATION AND ENFORCEMENT

14. In consideration for the terms set forth above, the United States will not institute a civil action alleging that, based on actions that occurred prior to the date of this Agreement, the City has violated title I of the ADA by engaging in a pattern or practice of requiring job applicants to submit to unlawful pre-employment medical examinations, except as provided in paragraph 17 below.

15. Failure by the United States to enforce any of the provisions of this Agreement shall not be construed as a waiver of its right to enforce other provisions of this Agreement.

16. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect.

17. The United States may review compliance with this Agreement at any time. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with the City and the Parties will attempt to resolve those concerns in good faith. The United States will give the City 60 days from the date it notifies the City of any breach of this Agreement to cure that breach before instituting an enforcement action. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within 60 days of the date it provides notice to the City, it may institute a civil action in the appropriate United States District Court to enforce this Agreement or title I of the ADA.

18. This Agreement shall be binding upon the City, its agents, and employees.

19. A signatory to this document in a representative capacity for each Party represents that he or she is authorized to bind that Party to this Agreement.

20. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement.

21. This Agreement does not affect the City’s continuing responsibility to comply with all aspects of the ADA.

22. This Agreement constitutes the entire agreement between the United States and the City on the matters raised herein and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including its attachments, shall be enforceable.

23. The Parties to this Agreement agree that this Agreement is a public document and the City waives any and all claims that the Agreement or any part of the Agreement is confidential. A copy of this Agreement or any information contained herein may be made available to any person, and the City or the Department of Justice shall provide a copy of this Agreement to any person upon request.

24. The effective date of this Agreement is the date of the last signature below.

25. The duration of this Agreement will be two years from the effective date.