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Section 33. Modified Duty_ <br /> <br /> The City may remm an employee to modified duty on a temporary basis provided that a <br /> physician's release to return to modified duty has been issued, the Department Head <br /> and/or division chief has determined that suitable modified duty exists, and that the <br /> employee can perform said work safely and not impede his/her convalescence. <br /> <br /> Section 34. Americans With Disabilities Act <br /> <br /> The City and the Association recognize that the City has an obligation under law to meet <br /> with individual employees who allege a need for reasonable accommodation in the <br /> workplace because o.f a disability. If by reason of the aforesaid requirement, the City <br /> contemplates actions to provide reasonable accommodation to an individual employee in <br /> compliance with the ADA which are in potential conflict with any provision of this <br /> Memorandum of Understanding, the Association will be advised of any such proposed <br /> accommodation and be afforded an oppommity to discuss same prior to implementation <br /> by the City. <br /> <br />Section 35. Separability of Provisions <br /> <br /> In the event that any provision of this Memorandum of Understanding is declared by a <br /> court of competent jurisdiction to be illegal or unenforceable, that provision of the <br /> Memorandum of Understanding shall be null and void, but such nullification shall not <br /> affect any other provisions of this Memorandum of Understanding, all of which other <br /> provisions shall remain in full force and effect. <br /> <br />Section 36. Past Practices and Existing Memorandum of Understanding <br /> <br />36.1 Continuance of working conditions and practices not specifically authorized by ordinance <br /> or by resolution of the City Council is not guaranteed by this Memorandum of <br /> Understanding. <br /> <br />36.2 This Memorandum of Understanding shall supersede all existing Memoranda of <br /> Understanding between the City and the PCEA. <br /> <br />363 This Memorandum of Understanding represents a complete and final understanding and <br /> agreement on all issues negotiated between the city representatives and the Association's <br /> representatives. <br /> <br />Section 37. Miseellaneou-~ <br /> <br />37.1 Printing of MOUs <br /> <br /> The City shall prim 200 copies of this Memorandum of Understanding in booklet form. <br /> The City and the PCEA shall share the cost of the printing. <br /> <br /> - 34 - <br /> <br /> <br />