SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS

V. Enforcement and Termination

58. The Parties agree to file this Agreement as an exhibit to a joint motion to dismiss the United States’ Complaint, pursuant to Fed. R. Civ. P. 41(a)(2), subject to reinstatement upon the United States’ motion for the purpose of resolving a claim that Harris County materially breached any provision of this Agreement.  The motion to dismiss the Complaint shall request that the Court retain jurisdiction to resolve any dispute under the Agreement.

59. Should the United States move to restore the Complaint to the active docket of the Court for purposes of resolution of a claim of breach, Harris County consents to and agrees not to contest the United States’ motion to restore, and consents to and agrees not to contest the exercise of personal jurisdiction over Harris County by the Court. 

60. If the Action is reinstated, Harris County expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. 

61. Before moving to restore the Complaint to the active docket, the United States shall provide Harris County notice of any asserted breach in writing.  Harris County shall have up to sixty (60) days from the date of notice to cure the default.  If an election will be held in less than sixty (60) days, the United States may file a claim of breach upon reasonable notice to Harris County.

62. In the event the United States reinstates the Action and the Court finds a material breach of the Agreement, the United States may seek the following:  1) an order mandating specific performance of any term or provision in this Agreement; and 2) any additional relief that may be authorized by law or equity.

63. This Agreement shall terminate in four years. 

64. Notwithstanding Paragraph 63, this Agreement will terminate earlier than four years if the Department determines that Harris County has demonstrated durable compliance with Title II of the ADA with respect to its voting program.  

65. Notwithstanding Paragraph 64, if the Department determines that Harris County has demonstrated durable compliance with a part of the Agreement and that part is sufficiently severable from the other requirements of the Agreement, the Parties agree to terminate that part of the Agreement.  In determining whether Harris County has demonstrated durable compliance with a part of the Agreement, the Department may assess collectively all the requirements of the Agreement to determine whether the intended outcome of the part has been achieved.

66. In any dispute regarding compliance with any provision of this Agreement, Harris County will bear the burden of demonstrating that it is in compliance with this Agreement.

67. Delivery of Materials:  All notices, demands, or other communications including reporting materials sent to the United States pursuant to this Agreement shall be in writing and delivered by e-mail to elizabeth.johnson@usdoj.gov (or to any other e-mail address that the United States designates during the term of this Agreement) or by overnight delivery to the following person and address:  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 cover letter shall include a subject line referencing Harris County and DJ# 204-74-351.

68. Reviewing Compliance:  The United States may review compliance with this Agreement at any time.  Harris County will cooperate fully with the United States’ efforts to monitor compliance with this Agreement, including but not limited to, providing the United States with timely access to polling places (including on Election Day), maps, surveys, employees, contractors, training sessions, relevant documents, and other reasonably requested information.  After receipt of each report referenced in Paragraph 51, the parties will confer to assess the County’s compliance with this Agreement.

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

70. Entire Agreement:  This Agreement, including Attachment A, constitutes the entire agreement between the United States and Harris County 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, including Attachment A, shall be enforceable.

71. 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.

72. 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.

73. 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, concerning physical accessibility of polling places.  Nothing in this Agreement relates to other provisions of the ADA or affects Harris County’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.

74. Modifications:  Any modifications of this Agreement, such as extensions of the time limits for performance imposed by the Agreement, may be made only by the mutual written consent of the Parties. 

75. Fees and Costs:  Each of the Parties to this litigation will bear its own costs and attorney’s fees associated with this litigation.

76. Preservation of Documents:  Throughout the term of this Agreement, the parties shall preserve documents, electronically stored information, or other information related to this litigation (Civil Action No. 4:16-cv-02331) and necessary to determining Harris County’s compliance with this Agreement.  The parties need not preserve documents, including communications, created by and exchanged solely among attorneys or staff within the United States Department of Justice or the Harris County Attorney’s Office, respectively.  Nothing in this paragraph relieves either party of any other obligations imposed by this Agreement.

77. Counterparts:  This Agreement may be executed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document.

78. Publicly Available:  A copy of this document will be made available to any person by the County on request.