United States of America v. Humboldt County, California - Settlement Agreement

Q. COMPLIANCE

62. It is a violation of this Consent Decree for the County to fail to comply in a timely manner with any of the requirements of this Consent Decree.

63. The United States may review compliance with this Consent Decree at any time and may file a motion to enforce this Consent Decree if it believes that the Consent Decree, or any requirement thereof, has been violated.  The United States may conduct an on-site review of any County facility, review any County records related to actions required by the Consent Decree, and interview any County employees or contractors for purposes of reviewing compliance with this Consent Decree and ADA requirements, including the requirements of the ADA Standards.  If the United States identifies any noncompliance with the Consent Decree or the ADA Standards, the County must correct its noncompliance within thirty (30) days of receipt of notice of noncompliance from the United States or the United States may seek the Court’s assistance to enforce this Consent Decree.

64. Any time limits for performance imposed by this Consent Decree may be extended by the mutual written agreement of the Parties, except for the term of this Consent Decree in paragraph 70.

65. Failure by the United States to enforce this Consent Decree or any of its provisions or deadlines will not be construed as a waiver of the right of the United States to enforce any deadlines and provisions of this Consent Decree.

66. All material sent to the United States pursuant to this Consent Decree will be sent to the following address by common carrier, delivery prepaid:  U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Attn:  Dov Lutzker, Trial Attorney, 1425 New York Avenue, NW, Washington, DC 20005, or by email at dov.lutzker@usdoj.gov.  The cover letter will include a subject line referencing Humboldt County and DJ# 204-11-275.

67. This Consent Decree (including its Attachments) is the entire agreed order between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party will be enforceable.  This Consent Decree does not relieve the County of its continuing obligation to comply with all aspects of the ADA.

68. The County will provide a copy of this Consent Decree and any information contained in it, including Attachments A through K, to any person, upon request.

69. This Consent Decree is binding on Humboldt County, and its agents, officers, employees, contractors, and successors in interest. 

70. This Consent Decree will remain in effect for a minimum of forty-two (42) months. The Court shall retain continuing and exclusive jurisdiction for the duration of the Decree to enforce the terms of the Decree. The United States and/or the County may apply to the Court for such further orders as may be necessary for, or consistent with, the enforcement of this Decree, including an extension of the Consent Decree if the County fails to comply with the provisions herein.