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Res 07-64 Authorizing a Separate Election Agreement with Tarrant CountyTOWN OF WESTLAKE RESOLUTION NO. 07-64 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS AUTHORIZING THE MAYOR TO ENTER INTO A SEPARATE ELECTION AGREEMENT WITH TARRANT COUNTY FOR THE BOND ELECTION TO BE HELD ON NOVEMBER 6, 2007. WHEREAS, the Town of Westlake will conduct a Bond Election on November 6, 2007; and WHEREAS, the Town of Westlake desires to select the Tarrant County Elections Administrator to conduct and coordinate this separate election. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The parties hereto agree to hold an election on November 6, 2007, from 7:00 a.m. until 7:00 p.m. in accordance with Section 271.002, Texas Election Code, and that said election be conducted pursuant to the terms of this agreement, attached as Exhibit "A." SECTION 2: This Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 24" DAY OF SEPTEMBER 2007. ATTEST: i Sutter, TRMC, Town Secretary ttorney Scott Bradley, Mayor Trent O. Petty, To 7�ager THE STATE OF TEXAS COUNTY OF TARRANT CONTRACT FOR ELECTION SERVICES BETWEEN THE TARRANT COUNTY ELECTIONS ADMINISTRATOR AND THE TOWN OF WESTLAKE THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator, hereinafter referred to as "Elections Administrator' and the Town of Westlake, hereinafter referred to as "Town." This contract is made pursuant to Texas Election Code Section 31.092(x) for the conduct and supervision of the Town's November 6, 2007 special election. RECITALS The Town is holding a special election for the purpose of issuing bonds on November 6, 2007. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.412. The Town desires to use the County's electronic voting system and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: i. ADMINISTRATION The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the election as provided in this agreement. The Town agrees to pay the Tarrant County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Tarrant County Elections Administrator shall serve as the administrator for the election; however, the Town shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Town as necessary. II. LEGAL DOCUMENTS The Town shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code andlor the Town's governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of the Town, including translation to languages other than English. The Town shall provide a copy of its election order and notice to the Elections Administrator. The Town shall be responsible for making the submission, if any is required or desired, to the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all election day voting locations. In accordance with Election Code Section 43.004(b), voting locations will be the usual voting location for each Page 1 of 7 election precinct in elections conducted by the county, and shall be complaint with the accessibility requirements established by Election Code Section 43.034 and the Americans with disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling place(s) for the November S, 2007 election are different from the polling place(s) used by the Town in its most recent election, the Town agrees to post a notice no later than November 5, 2007 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for the November 6, 2007 election. This notice shall be written in both the English. and Spanish languages. IV. ELECTION JUDGES, CLERICS, AND OTHER ELECTION PERSONNEL The Elections Administrator shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in the Town's election. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request, the Elections Administrator shall provide to the Town a list of appointed presiding and alternate judges for its election. Upon request by the Elections Administrator, the Town agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the Town shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Town's election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to election day and for returning the supplies and equipment to the central. counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Tarrant County in accordance with Election Code Section 87.005, Page 2 of 7 V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Town shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names andlor proposition(s) are to appear on the official ballot (including titles and text in each language in which the Town's ballot is to be printed). The Town shall be responsible for proofreading and approving the official ballot before printing. Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting system. ©n e1ectiori day, vo eTs shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's eScan voting system. Provisional ballots cast on election day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. Due to current limitations of the county's eScan ballot scanners, it is necessary that in the event ballot content for a the Town is too lengthy to fit on a one page paper ballot, all election day voting shall be held on the county's eSlate voting system. The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Elections Administrator shall be responsible for the preparation and testing of the voting systems for the election as required by the Election Code. VI. EARLY VOTING The Town agrees to appoint the Election Administrator as the Early Voting Clerk in accordance with Section 31.097 of the Texas Election Code. The Town also agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks who shall serve without additional compensation. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Early Voting by personal appearance will be held at the Westlake Town Hall. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 88 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Town shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall provide the Town a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day's early voting activity will be distributed to the Town no later than 8:00 AM each business day. VII. EARLY VOTING BALLOT BOARD Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Town's election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. Page 3 of 7 VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central and remote counting stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Steve Raborn, Tarrant County Elections Administrator Tabulation Supervisor: Stephen Vickers, Tarrant County Elections Programmer Presiding Judge: Jeanne Lyons —�Itemate dodge:- — — ----Bob-NieCorrtelisort The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the Town, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County's voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Town as soon as possible after all returns have been tabulated. The Town shall be responsible for the official canvass of its election. The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code, The Elections Administrator agrees to upload these reports for the Town, if so requested. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to the Town and the Secretary of State's Office. IX. DENTON COUNTY POLLING LOCATION(S) The Elections Administrator agrees to administer the Town's entire election including that portion of the Town that is within Denton County. X. ELECTION EXPENSES AND ALLOCATION OF COSTS The Town agrees to reimburse the Elections Administrator for the actual costs of administering its election including, but not limited to, the actual costs of supplies, printing, programming, personnel, polling place rental fees, and voting equipment rental fees. The town agrees to reimburse the Elections Administrator for overtime wages and benefits paid to his permanent employees for contractual duties performed outside normal business hours in accordance with Section 31.100(e) of the Texas Election Code. The Town further agrees to pay the Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100{d) of the Texas Election Code. The Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. Page 4 of 7 XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION The Town may withdraw from this agreement should it cancel its election in accordance with Sections 2051 - 2.053 of the Texas Election Code. The Town is fully liable for any expenses incurred by the Elections Administrator on behalf of the Town plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the Town shall be refunded, minus the aforementioned expenses and administrative fee if applicable. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the election --as b—dtharizedtb ebtion-36`i#9Go€ the Texas Election C de. — Access to the election records shall be available to the Town as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of the Town to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the Town. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the Town agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Town Secretary shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the Town as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or 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. 2. The Elections Administrator shall file copies of this document with the Tarrant County .fudge and the Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code, 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. Page 5 of 7 5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. -8.- - --Any�amendrnents of-this=agreernen shall-be�of no-effect-unles--Jn v ting -and -sighed -by -ail -parties -hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for the Town under the terms of this agreement is $9,500.00. The Town agrees to pay the Tarrant County Elections Administrator a deposit of $7,000.00, which is approximately 75% of the Town's estimated obligation under this contract, no later than 10 days after the Town's execution of this contract. The exact amount of the Town's obligation under the terms of this agreement shall be calculated after the November 6, 2007 election, and if the amount of the Town's total obligation exceeds the amount deposited, the Town shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the Town's total obligation is less than the amount deposited, the Elections Administrator shall refund to the Town the excess amount paid within 30 days after the final costs are calculated. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. Page 6 of 7 XVil. CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this contract, its multiple originals all of equal force, has been executed on behalf of the parties hereto as follows, to -wit: (1) It has on the day of r�'� /L- , 2007 been executed by the Tarrant County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the 4 day of . ` _ , 2007 been executed on behalf of the Town of Westlake pursuant to an action of its Board of Aldermen so authorizing; ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTOR: APPROVED: STEVE RA ORN, ELECTIONS ADMINISTRATOR (seal) ACCEPTED AND AGREED TO BY THE TOWN OF WESTLAKE: APPROVED: SCOTT BRA EY, MAYOR ATTEST: WI) UTTER, TOWN SECRETARY ( Page 7 of 7