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

III. Subject Matter Experts

A. Selection of the Subject Matter Experts

46. The Parties agree that Jeromy Murphy and Attila Huszka shall be the Subject Matter Experts (“Experts”) retained by Harris County to provide technical assistance.

47. In the event an Expert resigns or the Parties agree to replace an Expert, the Parties will meet and confer within ten (10) days to agree upon a replacement.

B. Experts’ Responsibilities

48. The Experts will provide training and technical assistance to help Harris County comply with its obligations under the Agreement.  Harris County will cooperate fully with the Experts.  The Experts will also analyze and report on data reflecting Harris County’s progress in complying with the polling place physical accessibility sections of this Agreement.

49. The Experts and the United States will have full access to persons, employees, facilities, buildings, programs, services, documents, data, records, materials, and things that are necessary to assess Harris County’s progress and implementation efforts with this Agreement.  The United States and/or the Experts will provide reasonable notice of any visit or inspection.

50. In addition to reviewing and analyzing surveys and remedial measures, the Experts will assess the quality and sufficiency of Harris County’s survey process and implementation of remedial measures, by reviewing regularly a representative sample of polling places surveyed by Harris County and temporary measures implemented by Harris County during an election.

51. At least every six (6) months, the Experts will draft and submit to the Parties a comprehensive public report on Harris County’s compliance including recommendations, if any, to facilitate or sustain compliance as well as information obtained under Paragraph 50.  Harris County shall post these reports on its website.

52. The Experts will provide Harris County with technical assistance relating to any aspect of the physical accessibility of polling places as provided for in this Agreement.

53. In completing their responsibilities the Experts may:  (a) hire staff and consultants as necessary to assist in carrying out the Experts’ duties and responsibilities; (b) require written reports and data from Harris County concerning compliance; and (c) testify in enforcement proceedings regarding any matter relating to the implementation, enforcement, or dissolution of the Agreement, including, but not limited to, the Experts’ observations, findings, and recommendations in this matter.

C. Reimbursement and Payment

54. The cost of the Experts, including the cost of any staff or consultants to the Experts, will be borne by Harris County, but the Experts and the Experts’ staff or consultants are not agents of Harris County.  All reasonable expenses incurred by the Experts or any of the Experts’ staff in the course of the performance of the duties of the Experts will be reimbursed by Harris County consistent with the agreed upon budget.

55. Harris County will not otherwise employ, retain, or be affiliated with the Experts on any matter related to this Agreement or this litigation (Civil Action No. 4:16-cv-02331), unless the United States gives its written consent to waive this prohibition.