Res 2018-115/approving an Election Services Agreement with the Hays County Election Administrator, for her provision of Election Services for the City’s General Election to be held on November 6, 2018 and, if necessary, a Runoff Election to be held in acc

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A. Nontransferable Functions. In accordance with Section 31.096 of the Texas Election Code, nothing in this Contract shall authorize or permit a change in: 1. The authority with whom or the place at which any document or record relating to the election is to be filed; 2. The officers who conduct the official canvass of the election returns; 3. The authority to serve as custodian of voted ballots or other election records; or 4. Any other nontransferable function specified under Section 31.096 or other provisions of law. B. Cancellation of Election. If the City cancels its election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be entitled to receive an administrative fee of$75. The Contracting Officer shall submit an invoice for the administrative fee as soon as reasonably possible after the cancellation,and the City shall make payment therefore in a manner similar to that set forth in V. Payment above. C. Contract Copies to Treasurer and Auditor. In accordance with Section 31.099 of the Texas Election Code, the Contracting Officer agrees to file copies of the Contract with the County Treasurer and the County Auditor of Hays County,Texas. D. Election to Resolve a Tie. In the event that an election is necessary to resolve a tie vote, the terms of the Contract shall extend to the second election, except: 1. The City and the Contracting Officer will agree upon the date of the election and the early voting schedule subject to provisions of the election Code and with regard to other election conducted by the Contracting Officer. 2. The City will be responsible for any Department of Justice preclearance submission under Section 5 of the Federal Voting Rights Act. 3. An attempt will be made to use the election workers that worked in the first election; those poll workers will not have additional training provided by the Contracting Officer. 4. The cost of the election will be borne by the City; the Contracting Officer will work with the City on cost management. E. Amendment/Modification. Except as otherwise provided, this contract may not be amended, modified, or changed in any respect except in writing, duly executed by the parties hereto. Both the Contracting Officer and the City may propose necessary amendments or modifications to this Contract in writing in order to