SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND UNION PARISH DETENTION CENTER

Miscellaneous Provisions

22. Delivery of Reporting Materials:  All materials sent to the United States pursuant to this Agreement shall be sent by e-mail to david.knight@usdoj.gov (or to any other e-mail address that the United States designates during the term of this Agreement) or to the following address by Federal Express, delivery prepaid: 

                Chief, Disability Rights Section
                Civil Rights Division
                U.S. Department of Justice
                1425 New York Avenue, N.W., Fourth Floor
                Washington, D.C. 20005.

        The e-mail or cover letter shall include a subject line referencing UPDC and DJ#204-33-117.

23. Enforcement:  The United States may review compliance with this Agreement at any time.  UPDC will cooperate fully with the United States’ efforts to monitor compliance with this Agreement, including but not limited to, providing the United States with reasonably requested information.  If the United States believes that UPDC has failed to comply adequately or in a timely manner with any requirement of this Agreement or that any requirement has been violated, the United States will notify UPDC in writing and the Parties will attempt to resolve the issue in good faith.  If the United States is unable to reach a satisfactory resolution of the issue within 60 days of the date it notifies UPDC, the United States may institute a civil action in federal court to enforce this Agreement or to enforce Title II of the ADA based on the allegations described in this Agreement.

24. Titles and Headings:  Titles and other headings contained in this Agreement are included only for ease of reference and shall have no substantive effect.

25. Entire Agreement:  This Agreement constitutes the entire agreement between the United States and UPDC on the matters raised herein and no other statement or promise, written or oral, made by any party or agents of any party, that is not contained in this written Agreement shall be enforceable.

26. Severability:  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.

27. Non-Waiver:  Failure by the United States to enforce any provisions or deadlines in this Agreement shall not be construed as a waiver of the right of the United States to enforce any deadlines or provisions of this Agreement.

28. Effective Date:  The Effective Date of this Agreement (Effective Date) is the date on which this Agreement is signed by both parties.  Unless otherwise specified, all time periods designated for an action by either party run from the Effective Date.

29. Limitation:  This Agreement is limited to resolving claims under Title II of the ADA related to the facts specifically set forth in Paragraphs 1 through 3, above.  Nothing in this Agreement relates to other provisions of the ADA or affects UPDC’s obligations to comply with any other federal, state, or local statutory, administrative, regulatory, or common law obligation, including those relating to nondiscrimination against individuals with disabilities.

30. Extensions:  Any time limits for performance imposed by this Agreement may be extended only by the mutual written consent of the Parties.

31. Successor Liability:  This Agreement is final and binding on UPDC, its officers, employees, contractors, successors, and assigns, including its wardens, command unit, correctional officers and other employees, health care staff or contractors, and any other person under the authority or control of UPDC.

32. Counterparts:  This Agreement may be executed in counterparts, each of which shall be deemed an original, and the counterparts shall together constitute one and the same Agreement, notwithstanding that each Party is not a signatory to the original or the same counterpart.

33. Authority:  The individuals signing this Agreement represent that they are authorized to do so on behalf of the respective entity for which they have signed.

34. Term:  This Agreement shall remain in effect for a term of two years from its Effective Date.  The term of this Agreement may be extended by mutual written consent of the Parties.

35. Publicity:  This Agreement and any amendment hereto shall be public documents.

36. Costs and Fees:  The United States and UPDC will bear the cost of their own fees and expenses incurred in connection with this Agreement.

37. Preclusive Effect:  The Parties do not intend for this Agreement to have any preclusive effect except as described in Paragraph 29.  Should the issue of preclusive effect of this Agreement be raised, the Parties agree to certify that they intended for this Agreement to have no such preclusive effect.