Res 2023-106R approving a contract for Election Services with the Hays County Elections Administrator for the provision of Election Services for the City’s General Election

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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 City 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 pay the fee. 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 elections being conducted by the Contracting Officer. 2. The City will be responsible for any legally required 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. Amend ment/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 conduct the Election smoothly and efficiently,except that any such proposals must be approved by the Contracting Officer and the governing body of the City or its authorized agent,respectively. F. Severability. If any provision of the Contract is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of this Contract and parties to this Contract shall perform their obligations under this Contract in