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Sertion 31. Modified Duty The City may return an employee to modified duty on a temporary basis provided that a physician's release to return to modified duty has been issued, the Department Head and/or division chief has determined that suitable modified duty exists, and that the employee can perform said work safely and not impede his/her convalescence. Section 34. Americans With Disabilities Act The City and the Association recognize that the City has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the workplace because of a disability. If by reason of the aforesaid requirement, the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in potential conflict with any provision of this Memorandum of Understanding, the Association will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the City. Srrtion 35. Separability of Provisions In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void, but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect. Section 36. Past Practices and Existing Memorandum of Ontlrrstanding 36.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. 36.2 This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the PCEA. 36.3 This Memorandum of Understanding represents a complete and final understanding and agreement on all issues negotiated between the city representatives and the Association's representatives. Section 17. Miscellaneous 37.1 Printing of MOtla The City shall print 200 copies of this Memorandum of Understanding in booklet forn. The City and the PLEA shall share the cost of the printing. - 34 -