United States of America v. Humboldt County, California - Consent Decree

O. MONETARY RELIEF

53. Within ten (10) business days after the entry of this Consent Decree, the County will deposit Two Hundred Seventy-Five Thousand Dollars ($275,000) in an interest-bearing account for the purpose of compensating aggrieved persons who have been harmed by the County’s noncompliance with the ADA.  Within fifteen (15) business days after the entry of this Consent Decree, the County will submit proof to the United States that the account has been established and the funds deposited.  The County will bear all costs of establishing the account, maintaining it, and issuing checks from it.  Copies of account statements will be promptly provided to the United States, upon request.

54. Within thirty (30) days after the entry of this Consent Decree, the County will produce to the United States any complaints about access to any County facilities, programs, services, or activities that it has received from or on behalf of an individual alleged to have a disability.

55. Within ninety (90) days of the effective date of this Consent Decree, the United States will determine which persons have already been harmed by ADA violations in the County and will determine in its sole discretion an appropriate amount of damages to be awarded each such person, provided that:  No person will be paid pursuant to this Section of the Consent Decree until the United States has received an executed “Waiver and Release of Claims” form from that person that is substantially similar to the form attached as Attachment K.  The total amount to be paid by the County pursuant to this Section of the Consent Decree will not exceed Two Hundred Seventy-Five Thousand Dollars ($275,000) plus any interest accrued in the account established under paragraph 53.

56. The United States will notify the County in writing in one or more notifications of its determinations of the amount to be paid to each aggrieved person.  Within thirty (30) days after receiving each such written notification, the County will deliver to the United States checks to the aggrieved persons made payable as directed by the United States.  The United States will provide a copy of the executed “Waiver and Release of Claims” forms before sending checks to the aggrieved persons.

57. The United States may also seek compensation in the future for individuals aggrieved by non-compliance with the Consent Decree.  The Court shall have jurisdiction over any such claims.

ATTACHMENT K: WAIVER AND RELEASE OF CLAIMS

I,_________________________, hereby agree that in consideration of the payment of $_________ made to me pursuant the Consent Decree between the United States of America and Humboldt County, CA, I hereby release Humboldt County, CA, and all of its agents and employees, as well as any affiliated entities, successors, and assigns, from any and all legal claims for monetary or equitable relief that I now have arising in whole or in part under Title II of the Americans with Disabilities Act.  I have been advised that, before signing this release, I have the right to consult a private attorney regarding its contents.  I have read this release and understand its contents, and choose to sign it of my own free will and not under duress.

AGREED:

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Signature

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Date