09-Resolution authorizing the City of Paris to contract w/the County Elections Administrator for 2010 General Election

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The Elections Administrator agrees to provide advisory services to the Entity as necessary to conduct a proper recount. XVI. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Elections Administrator will assist the Entity in securing adequate polling places, rent free if available; however, it is the responsibility of the Entity to ensure that the polling places comply with current accessibility standards as set forth in the Americans With Disabilities Act and any state or local laws or ardinances. Accessibility compliance shall be at the Entity's expense. In the event that compliance cannot be achieved, the Entity agrees to indemnify the Elections Administrator and Lamar County, Texas from any resulting liability, whether civil or criminal. XVII. MISCELLANEOUS PROVISIONS A. It is understood that to the extent space is available, that other political subdivisions may wish to participate in the use of the County's election equipment, and it is agreed that the Elections Administrator may contract with such other political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. B. The Elections Administrator shall file copies of this document with the Lamar County Treasurer and the Lamar County Auditar in accordance with Section 31.099 of the Texas Elections Code. C. In the event that legal action is filed challenging the Entity's election, each party hereto shall defend its own actions, officials and employees. Provided, however, if it is determined that the legal action brought against Lamar County or the Lamar County Elections Administrator or any additional election personnel, is based solely on the negligent acts or the wrongful intentional actions of the entity, then the Entity shall provide, at its own expense, legal representation for the County, the Elections Administrator, and additional election personnel as necessary save and except in any instance whereby an unlawful or otherwise improper act or omission of the County, the Election Administrator or another Entity participating in the election has precipitated such legal action. D. The County and the Entity agree that under the Constitution and laws of the State of Texas, neither the County nor the Entity can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. E. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. 7 ~ j