SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FAUQUIER COUNTY REGARDING THE ACCESSIBILITY OF POLLING PLACES

Enforcement Provisions

30. If at any time one of the Parties to this Agreement desires to modify any portion of this Agreement, it will promptly notify the other Party in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. The Party receiving a request to modify the Agreement will not unreasonably delay notifying the requesting Party as to whether it will agree to the proposed modification. No modification will take effect unless and until the Parties memorialize the agreed upon modification in writing.

31. All notices, demands, or other communications, including reporting materials, to be provided under this Agreement shall be in writing and delivered by email or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

    For the United States:

    Steven Gordon
    Civil Rights Enforcement Coordinator
    U.S. Attorney's Office Eastern District of Virginia 
    2100 Jamieson Avenue
    Alexandria, VA 22314
    (703) 299-3817

    For Fauquier County:

    Kevin Burke
    County Attorney
    10 Hotel Street, 2nd Floor
    Warrenton, VA 20186
    (540) 422-8022

32. The United States may review compliance with this Agreement at any time. If the United States believes that the County has failed to comply in a timely manner with any requirement of this Agreement, or that any requirement has been violated, the United States will so notify the County in writing and will attempt to resolve the issue in good faith. If the United States is unable to reach a satisfactory resolution of the issue within thirty (30) days of the date it notifies the County, the United States may file a civil action in federal district court to enforce the terms of this Agreement, or take any other action to enforce title II of the ADA.

33. Failure by the United States to enforce a deadline or provision in this Agreement will not be construed as a waiver of the United States' right to enforce any deadlines or provisions of this Agreement.

34. A copy of this document will be made available to any person by the County on request.

35. This Agreement shall be applicable to and binding upon the County, its officers, agents, employees, and assigns.

36. This Agreement constitutes the entire agreement between the Parties 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 its attachments, shall be enforceable.

37. This Agreement is limited to resolving claims under title II of the ADA related to the facts specifically set forth in Paragraphs 1-5 above concerning physical accessibility of polling places. Nothing in this Agreement relates to other provisions of the ADA or affects the 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.

38. This Agreement will remain in effect for five years from the Effective Date.

39. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.

40. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement.