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R2019-205 2019-08-12 Resolution No. R2019-205 A Resolution and Order of the City Council of the City of Pearland, Texas, ordering the holding of a Special Election to be held on Tuesday, November 5, 2019, for the purpose of a Special Election to fill a vacancy on Councilmember Position No. 2 an unexpired term expiring May 1, 2021, in and for the City of Pearland, Texas; establishing polling places; naming clerks; and establishing procedures for said Special Election. WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the "City") is authorized and has determined to call a Special Election to be held on Tuesday, November 5, 2019 for the purpose of a Special Election to fill a vacancy on Councilmember Position No. 2 an unexpired term expiring May 1, 2021; WHEREAS, the City Council wishes to proceed with the ordering of such Special Election the City Council has determined that holding such election is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND CITY, TEXAS: Section 1. Call of Election; Date; Eligible Electors and Hours. (a) It is hereby ordered that a Special Election (the "Special Election") be held in and throughout the City of Pearland on Tuesday November 5, 2019, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which Special Election all resident, qualified electors of the City shall be entitled to vote for) Councilmember Position Number Two (2) unexpired term of the City Council. (b) The Special Election shall be held under the provisions of the Charter of the City, the Constitution and laws of the State of Texas and of this Resolution. All qualified voters residing in the City shall be allowed to vote at the Election. Section 2. Election Polling Places; Election Officers. (a) The election locations for the Election shall include Brazoria County Vote Centers, the polling places are hereby established and shall be as described in Exhibit "A" Brazoria County Vote Centers hereto. (b) The election officials for each City precinct shall be designated by the County Clerk of Brazoria County, Texas (the "Elections Administrator"); and such officials shall conduct the City's Election in accordance with a Joint Election Agreement and Contract for Election Services (the "Election Contract") between Brazoria County, Texas and the City. The Elections Administrator is hereby authorized and instructed to provide and furnish all necessary election supplies for all City precincts. The official mailing address for Elections Administrator, Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654. The physical address of the Elections Administrator is Brazoria County East Annex (Old Wal-Mart Building), 1524 E. Mulberry, Room 144, Angleton, Texas 77515. (c) In the event the Election Administrator shall find that one or more of the polling places listed on Exhibit "A" have become unavailable or unsuitable for use at the Elections or if any person or persons appointed herein do not appear or are unable to perform their duties, and is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as he deems appropriate. 1 Section 3. Candidates in Special Election. Persons desiring to become candidate for Councilmember Position No. Two (2) unexpired term in the Special Election shall, not later than September 4, 2019 at 5:00 p.m. file their written applications for candidacy for office with the City Secretary, Pearland City Hall, 3519 Liberty Drive, Pearland, Texas 77581, pursuant to the provisions of Chapter 143, Texas Election Code, as amended. Each candidate must specify in each instance the City Council Position for which the applicant is filing and no candidate may file for more than one City Council position to be filled at Special Election. Candidates must be a resident of the City and must be a registered voter of the territory (City) elected from as of the filing deadline. Section 4. Ballots. The City Secretary and the Election Administrator are hereby authorized and directed to prepare the ballots for the Special Election in accordance with the provisions of the Texas Election Code. The ballots to be used in the Special Election shall have printed thereon the names of the candidates for Councilmember Position Number Two (2) unexpired term of the City Council. Section 5. Voting. Voting in the Election, including early voting by personal appearance shall be by an electronic voting system adopted by the City and the Commissioners Court of Brazoria County, Texas for use in elections held by the City and Brazoria County. Each voter in the Special Election shall mark the ballot indicating such voter's choice of candidate for Councilmember Position Number Two (2) unexpired. Voting shall be conducted in accordance with the Texas Election Code. Section 6. Early Voting. Early voting by personal appearance shall be conducted at the dates, times and polling places listed in Exhibit "B" to this Resolution. The City Council hereby establishes Brazoria County Courthouse East Annex (Old Wal-Mart Building), 1524 E. Mulberry, Room 144, Angleton, Texas 77515 as the main early voting polling place at which early voting by personal appearance shall be conducted. The Council hereby appoints the Elections Administrator as the early voting clerk. The Elections Administrator shall receive applications for a ballot to be voted by mail. The mailing address to which ballot applications and ballots voted by mail may be sent is as follows: Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654. Applications for ballots by mail may be received no later than 5:00 p.m. on October 25, 2019. The Central Counting Station will be located at the Angleton Main Location, East Annex (Old Walmart Building) 1524 E. Mulberry, Angleton, Texas 77515. Section 7. Notice of Elections. Notice of the Elections, in English and Spanish, stating in substance the contents of this Resolution, shall be: published at least once in a newspaper of general circulation within the City's territory not earlier than the thirtieth (30th) day before the Elections; posted on the bulletin board used by the Council to post notices of the Council's meetings no later than the eighteenth (18th) day before the date of the Elections, in three (3) public places within the City and at City Hall. Section 8. Declaring Results. City Council shall canvass the returns and declare the results of the Elections. At the Special Election, the candidate for each office who has received a majority of all votes cast for each particular office shall be declared elected. The Mayor of the City shall order a runoff election in the event any candidate fails to receive a majority of all votes cast for each particular office. The date for the runoff election shall be ordered and held in a timely manner as prescribed by the General Election Laws of the State of Texas and the Charter of the City. The two candidates who receive the largest number of votes cast for each particular office requiring a runoff election shall again 2 be voted for. The candidate receiving the largest number of votes in the runoff election shall be declared elected. The City Secretary shall give notice of such runoff election by causing said notice to be published in accordance with Texas Election Laws. Section 9. Notice of Meeting. It is further found and determined that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. Authority of the Mayor. The Mayor shall have the authority to take, or cause to be taken, all actions reasonable and necessary to insure that the Elections are fairly held and returns properly counted and tabulated for the canvass of the Elections returns by the City Council in accordance with state law. Section 11. Effective Date. This Resolution is effective immediately upon its Passage and approval. PASSED, APPROVED, ADOPTED and ORDERED this the 12th day of August, A. D., 2019. ```ow I►►►/// E.,--1 1 i': irri.? ci-a;c9 / ATTEST: % \ TOM REID AP ,, C424-7/ '• MAYOR MARIA E. RODRIGUEZ, T INTERIM CITY SECRETAR APP OVED AS TO FORM: per--&-- DARRIN M. COKER CITY ATTORNEY 3 ELECTION DAY VOTE CENTERS-2019-11-05.xlsx ATTACHMENT"A" HOME PCT# POLLING PLACE 1 East Annex(Old Walmart), 1524 E Mulberry,Angleton 2 Pct 4 Building#2, 121 N 10th St, West Columbia 4 Brazoria Library, 620 S Brooks, Brazoria 7 Freeport Library,410 Brazosport Blvd, Freeport 8 Oyster Creek City Hall, 3210 FM 523, Oyster Creek 9 Bonney Annex Building, 19025 FM 521, Bonney 12 Drainage District No. 4 Building, 4805 W Broadway, Pearland 14 Sweeny Community Center, 205 W Ashley Wilson Rd, Sweeny 15 Danbury Community Center, 6115 5th St, Danbury 19 Clute Event Center, 100 Parkview Dr, Clute 20 Jones Creek Comm House, 7207 Stephen F Austin Rd,Jones Creek 23 Lake Jackson Civic Center, 333 Hwy 332 East, Lake Jackson 24 Richwood City Hall, 1800 N Brazosport Blvd, Richwood 29 Westside Event Center, 2150 Countryplace Pkwy, Pearland 36 Pearland Recreation Center, 4141 Bailey Rd, Pearland 39 Alvin Library, 105 S Gordon, Alvin 40 North Annex, 7313 Corporate Dr, Manvel 44 Silverlake Recreation Center, 2715 Southwyck Pkwy, Pearland 46 Tom Reid Library, 3522 Liberty Dr, Pearland 55 West Annex, 451 N Velasco,Angleton 67 Pearland Westside Library, 2803 Business Center Dr#101, Pearland AW5-49 Prescribed by Secretary of State Sections 85.067 and 85.068,Texas Election Code 3/07 ATTACHMENT "B" NOTICE OF EARLY VOTING AT BRANCH POLLING PLACES Early voting by personal appearance will be conducted at the following locations: Angleton (Main) East Annex, 1524 E Mulberry Alvin Alvin Library, 105 S Gordon Brazoria Brazoria Library, 620 S Brooks Freeport Freeport Library, 410 Brazosport Blvd Lake Jackson Lake Jackson Library, 250 Circle Way Manvel North Annex, 7313 Corporate Dr Pearland East Tom Reid Library, 3522 Liberty Dr Pearland West Westside Event Center, 2150 Countryplace Pkwy Shadow Creek Pearland Westside Library, 2803 Business Center Dr#101 West Columbia Precinct 4 Building#2, 121 N 10th St DATES AND HOURS: October 21-25 8 AM—5 PM October 26 10 AM —3 PM October 28-30 8 AM —5 PM October 31-November 1 7 AM —7 PM Early Voting Clerk AVISO DE VOTACION ADELANTADA EN LOS SITIOS DE VOTACION AUXILIARES La votacion adelantada en persona se Ilevara a cabo en los siguientes sitios de esta manera: Angleton (Ubicacion Principal) East Annex, 1524 E Mulberry Alvin Alvin Library, 105 S Gordon Brazoria Brazoria Library, 620 S Brooks Freeport Freeport Library, 410 Brazosport Blvd Lake Jackson Lake Jackson Library, 250 Circle Way Man vel North Annex, 7313 Corporate Dr Pearland Este Tom Reid Library, 3522 Liberty Dr Pearland Oeste Westside Event Center, 2150 Countryplace Pkwy Shadow Creek Pearland Westside Library, 2803 Business Center Dr#101 West Columbia Precinct 4 Building#2, 121 N 10th St FECHAS Y HORAS 21-25 de octubre 8 AM—5 PM 26 de octubre 10 AM—3 PM 28-30 de octubre 8 AM—5 PM 31 de octubre-1 de noviembre 7 AM— 7 PM Secretaria de la Votacion Adelantada TO THE RESIDENT QUALIFIED VOTERS OF THE CITY OF PEARLAND, TEXAS AL RESIDENTE CALIFICADO A VOTAR EN LA CUIDAD DE PEARLAND, TEXAS Notice is hereby given that a Special Election will be held on Tuesday November 5, 2019 in the City of Pearland for the purpose of electing the following officers for the City. Se da aviso que se Ilevara a cabo una Eleccion Especial el mutes 5 de noviembre de 2019, en la ciudad de Pearland con el proposito de elegir a los siguientes oficiales. COUNCILMEMBER POSITION NUMBER TWO (2) FOR AN UNEXPIRED TERM UN MIEMBRO DEL CONCILIO POSICION NUMERO DOS (2) PARA UN TERMINO NO EXPIRADO EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS LOCALIDADES PARA LA VOTACION ADELANTADA EN PERSONA NOTICE OF EARLY VOTING AT BRANCH POLLING PLACES Early voting by personal appearance will be conducted at the following locations: Angleton (Main) East Annex, 1524 E Mulberry Alvin Alvin Library, 105 S Gordon Brazoria Brazoria Library, 620 S Brooks Freeport Freeport Library, 410 Brazosport Blvd Lake Jackson Lake Jackson Library, 250 Circle Way Manvel North Annex, 7313 Corporate Dr Pearland East Tom Reid Library, 3522 Liberty Dr Pearland West Westside Event Center, 2150 Countryplace Pkwy Shadow Creek Pearland Westside Library, 2803 Business Center Dr#101 West Columbia Precinct 4 Building #2, 121 N 10th St. DATES AND HOURS: October 21-25 8 AM —5,PM October 26 10 AM—3 PM October 28-30 8 AM —5 PM October 31-November 1 7 AM —7 PM ,`�Q• 4,;., Interim City Secret ry_ 1 AVISO DE VOTACION ADELANTADA EN LOS SITIOS DE VOTACIONAUXILIARES La votacion adelantada en persona se Ilevara a cabo en los siguientes sitios de esta manera: Angleton (Ubicacion Principal) East Annex, 1524 E Mulberry Alvin Alvin Library, 105 S Gordon Brazoria Brazoria Library, 620 S Brooks Freeport Freeport Library, 410 Brazosport Blvd Lake Jackson Lake Jackson Library, 250 Circle Way Manvel North Annex, 7313 Corporate Dr Pearland Este Tom Reid Library, 3522 Liberty Dr Pear/and Oeste Westside Event Center, 2150 Countryplace Pkwy Shadow Creek Pearland Westside Library, 2803 Business Center Dr#101 West Columbia Precinct 4 Building#2, 121 N 10th St FECHAS Y HORAS 21-25 de octubre 8 AM—5 PM 26 de octubre 10 AM—3 PM 28-30 de octubre 8 AM—5 PM 31 de octubre-1 de noviembre 7AM— 7PM EARLY VOTING BY MAIL: (VOTACION ADELANTADA POR CORREO): Applications for voting by mail must be received no later than the close of business (5:00 p.m.) on October 25, 2019. Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse el fin de las horas de negocio (5:00 p.m.) el 25 de octubre de 2019. Applications should be mailed to: Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a: JOYCE HUDMAN, COUNTY CLERK 111 E. LOCUST, SUITE 200 ANGLETON, TX 77515-4654 Or emailed to (o enviada por email a): CclerkElections@brazoria-county.com REASONS FOR BEING QUALIFIED TO VOTE BY MAIL: CALIFICACIONES PARA VOTAR ADELANTADO POR CORREO: 65 years of age or older; (Tiene 65 anos o mas) Confinement in jail; (Encarcelado) Disability; (Tiene incapacidad) Absence from the county on Election Day and absence during the Early Voting period. (Ausencia del condado en el dia de eleccion y ausencia del condado durante las fechas y horas de votaciOn adelantada) 2 ELECTION DAY VOTE CENTERS 7:00 A.M. —7:00 P.M. CENTRO PARA VOTAR EL DIA DE LA ELECCION 7:00 A.M. —7:00 P.M. HOME PCT# POLLING PLACE 1 East Annex (Old Walmart), 1524 E Mulberry, Angleton 2 Pct 4 Building#2, 121 N 10th St, West Columbia 4 Brazoria Library, 620 S Brooks, Brazoria 7 Freeport Library, 410 Brazosport Blvd, Freeport 8 Oyster Creek City Hall, 3210 FM 523, Oyster Creek 9 Bonney Annex Building, 19025 FM 521, Bonney 12 Drainage District No. 4 Building, 4805 W Broadway, Pearland 14 Sweeny Community Center, 205 W Ashley Wilson Rd, Sweeny 15 Danbury Community Center, 6115 5th St, Danbury 19 Clute Event Center, 100 Parkview Dr, Clute 20 Jones Creek Comm House, 7207 Stephen F Austin Rd,Jones Creek 23 Lake Jackson Civic Center, 333 Hwy 332 East, Lake Jackson 24 Richwood City Hall, 1800 N Brazosport Blvd, Richwood 29 Westside Event Center, 2150 Countryplace Pkwy, Pearland 36 Pearland Recreation Center, 4141 Bailey Rd, Pearland 39 Alvin Library, 105 S Gordon, Alvin 40 North Annex, 7313 Corporate Dr, Manvel 44 Silverlake Recreation Center, 2715 Southwyck Pkwy, Pearland 46 Tom Reid Library, 3522 Liberty Dr, Pearland 55 West Annex, 451 N Velasco, Angleton 67 Pearland Westside Library, 2803 Business Center Dr#101, Pearland Tom Re'd, Mayor/Alcalde Dated this 12th day of August, 2019 este dia 12 de agosto del 2019 3 1 1' JOINT CONTRACT FOR ELECTION SERVICES THIS CONTRACT (this "Agreement") is made effective as of the Effective Date (as defined below), by and between the CITY OF PEARLAND, TEXAS, acting by and through its governing body, hereinafter referred to as " Political Subdivision," and County Clerk of Brazoria County, Texas, hereinafter referred to as "County," and by authority of Section 31.092(a), Texas Election Code, and Chapter 791, Texas Local Government Code, for the conduct and supervision of the Political Subdivision's election to be held on NOVEMBER 5, 2019. Political Subdivision and County may be referred to individually as a "Party" and collectively as "the Parties." This contract is made by and between the CITY OF PEARLAND, TEXAS, acting by and through its governing body, hereinafter referred to as "Political Subdivision," and the County Election Officer of Brazoria County, defined by statute as the County Clerk through the authority set forth in Texas Election Code §§31.091 and 31.092. The purpose of this contract is for the performance of election services as authorized by statute. This contract shall serve as the general contract for each election for which the Political Subdivision requests the assistance of the County Clerk. Provisions specific to each particular election will be included as an attachment to the original contract. Political Subdivision and County Clerkmay be referred to individually as "Party" or collectively as "Parties." RECITALS The County Clerk has care, custody, and control over the electronic voting system, the Hart InterCivic Verity 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 set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the electronic voting system and to compensate the County Clerk for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Parties agree to hold a "Joint Election" in accordance with Chapter 271 of the Texas Election Code and this Agreement. The County Clerk shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this Agreement. Political Subdivision agrees to pay County Clerk for equipment, supplies, services, and administrative costs as provided in this Agreement. The County Clerk shall serve as the administrator for the Joint Election; however, the Political Subdivision shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The County Clerk shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. It is understood that other political subdivisions may wishto participate in the use of the electronic voting system and polling places, and it is agreed that the County Clerk may enter into 1 other joint election agreements and contracts for election services for those purposes on terms and conditions set forth in the Election Code. Political Subdivision agrees that County Clerk may enter into joint election agreements with other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and, in such case, all parties sharing common territory shall share a joint ballot on the electronic voting system at the applicable polling places. In such cases, total costs shall be divided among the participants. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Political Subdivision 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 or Political Subdivision's governing body, charter, or ordinances. With reference to publications, the County Clerk will publish the "Notice of Test of Automatic Tabulating Equipment" and the "Notice of Election." If a Political Subdivision is holding any type of Special Election, the Political Subdivision may have to publish their own "Notice of Election" in order to meet additional requirements. Please advise the County Clerk's Elections Office if the Political Subdivision must publish a separate notice so the Political Subdivision's notice is not included in , the Notice published by the County Clerk. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the County Clerk's Election Department. III. STATUTORY COMPLIANCE Political subdivisions shall follow all applicable State and Federal laws related to elections, including, but not limited to, Section 52.072 of the Election Code, which states in part, "A proposition shall be printed on the ballot in the form of a single statement..." Failure to do so may prohibit the political subdivision's participation in a Joint Election. IV. VOTING LOCATIONS The County Clerk's Election Office shall select and arrange for the use of and payment for all election day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by the county. The proposed voting locations are listed in Attachment A of this agreement. In the event a voting location is not available, the Elections Department will arrange for use of an alternate location with the approval of the Political Subdivision,The Elections Department shall notify the Political Subdivision of any changes from the locations listed in Attachment A. 2 ♦ If polling places for the joint election in Attachment A are different from the polling place(s) used by Political Subdivision in its most recent election, Political Subdivision agrees to post a notice no later than the date of the election described in Attachment A, 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 name(s) and address(s) in effect for the election described in Attachment A. Any changes in voting location from those that were used in the most recent COUNTYWIDE JOINT election will be posted by the County Clerk's Election Office. V. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL The Brazoria County Commissioners Court shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code. In the event an emergency appointment is necessary, appointment shall be made in accordance with Election Code §32.007, which authorizes the presiding officer of the Brazoria County Commissioners Court to make an emergency appointment. Should that officer not be available, the County Clerk's office shall make emergency appointments of election officials. Upon request by the County Clerk, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The County's Elections Department 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 ensure that all election judges appointed for the Joint Election are eligible to serve. The County Clerk shall arrange for the training and compensation of all election judges and clerks. The Elections Department shall arrange for the date, time, and place for the presiding election judge to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Department 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 judgemay appoint. Each election judge will receive compensation at an hourly rate of$12.00. Each election clerk will receive compensation at an hourly rate of$10.00. 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. All judges and clerks who attend training will be compensated at an hourly rate of$8.00 as compensation for same. It is agreed by all Parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are temporary part-time employees subject only to those benefits available to such employees. VI. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT 3 The County Clerk Elections Department 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 and other materials used by the election judges at the voting locations. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The County Clerk Elections Department shall provide the necessary voter registration information, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. If special maps are needed for a particular Political Subdivision, the County Clerk Election Department will order the maps and pass that charge on to that particular Political Subdivision. Political Subdivision shall furnish the County Clerk a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). THE POLITICAL SUBDIVISION SHALL ALSO PROVIDE A COPY OF EACH CANDIDATE'S APPLICATION TO THE COUNTY CLERK ELECTIONS OFFICE. This list shall be delivered to the County Clerk Elections Department as soon as possible after ballot positions have been determined by each of the participating authorities. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. VII. EARLY VOTING The Parties agree to conduct joint early voting and to appoint the County Clerk as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Political Subdivision agrees to appoint the County Clerk's permanent county employees as deputy early voting clerks. The Parties further agree that each Early Voting Location will have an "Officer in Charge" who will receive compensation at an hourly rate of$12.00. The clerks at each location will receive compensation at an hourly rate of$10.00. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the County Clerk shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Political Subdivision shall be forwarded immediately by fax or courier to the Elections Department for processing. The County Clerk Elections Department shall, upon request, provide the Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. VIII. EARLY VOTING BALLOT BOARD 4 The County Clerk shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the County Clerk Elections Department, shall appoint two or more additional members to constitute the EVBB. The County Clerk Elections Department shall determine the number of EVBB members required to efficiently process the early voting ballots. IX. CENTRAL COUNTING STATION AND ELECTION RETURNS The County shall be responsible for establishing and operating the central counting station 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: Lisa Mujica Alternate Counting Station Manager: Brandy Pena Tabulation Supervisor: Susan Cunningham Alternate Tabulation Supervisor: Patricia DeVille Presiding Judge: Tamara Reynolds Alternate Presiding Judge: Dottie Cornett The County Clerk Elections Department will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. The County Clerk Elections Department 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 each participating authority and the Secretary of State's Office. The County Clerk Elections Department shall submit all Cities' precinct by precinct returns to the Texas Secretary of State's Office electronically. The County Clerk Elections Department shall post all election night results to County website on election night. http://www.Brazoriacountyvotes.com. X. ELECTION EXPENSES AND ALLOCATION OF COSTS The Parties agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared. The County participates in "Vote Centers," therefor all political subdivisions can vote at any location. 5 It is agreed that the normal rental rate charged for the County's voting equipment used on election day shall be calculated per polling locations and among the participants utilizing each polling location. (See "Exhibit 1" for rental rates.) Total cost will be calculated, and then multiplied by the Political Subdivisions percentage number of registered voters or with the minimum of $1500.00, for those with lesser amount. Costs for Early Voting by Personal Appearance will also be charge with the same formula as Election Day. Those political subdivisions with the percentage of registered voters less than amount equal to $1500.00 will be charged a minimum amount of$1500.00. Political Subdivision contracting for a runoff shall be responsible for all associated costs. XI. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Political Subdivision may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled that the election is not needed. Political Subdivision is fully liable for any expenses incurred by County Clerk on behalf of the Political Subdivision. Any monies deposited with the county by the withdrawing authority shall be refunded, minus the aforementioned expenses. XII. RECORDS OF THE ELECTION The County Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority, 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 County Clerk or at an alternate facility used for storage of county records. The County Clerk Elections Department 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 County Clerk shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the County Clerk any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the County Clerk and that the County Clerk shall serve as Recount Supervisor and the Political Subdivision's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. 6 The County Clerk Elections Department agrees to provide advisory services to the Political Subdivision as necessary to conduct a proper recount and cost of the recount depends on the size of the election and number of precincts to be recounted. XIV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, that other districts and political subdivisions may wish to participate in the use of the election equipment and voting places; it is agreed that the County Clerk 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 County Clerk shall file copies of this document with the County Treasurer and the County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. In the event that legal action is filed contesting the Political Subdivision's election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the County Clerk, and additional election personnel as.necessary. 4. 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; however, any action taken is subject to any immunity provided by statute or common law to governmental entities. For purposes of this contract, the County Clerk's office is acting as a governmental entity covered by any immunity,available to Brazoria County. 5. The parties agree that under the Constitution and laws of the State.of Texas, neither Brazoria County nor Political Subdivision 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. 6. 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 Brazoria County, Texas. 7. In the event of one or 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. 8. 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. 9. 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. 7 • 10. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. 11. Authorization of Agreement. This Agreement has been approved and authorized by the governing body of the Political Subdivision. 12. Purpose, Terms, Rights, and Duties of the Parties. The purpose, terms, rights, and duties of the Parties shall be as set forth in this Agreement. 13.Payments from Current Revenues. Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to that paying Party. 14.Fair Compensation. The Parties acknowledge and agree that each of the payments contemplated by this Agreement fairly compensate the performing Party. 15.Termination. At any time and for any reason, either Party may terminate this Agreement by providing thirty (30) days' written notice of termination to the other Party. 16.Funding. The Parties understand and acknowledge that the funding of this Agreement is contained in each Party's annual budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should the governing body of any Party fail to approve a budget that includes sufficient funds for the continuation of this Agreement, or should the governing body of any Party fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall automatically terminate as to that Party and that Party shall then have no further obligation to the other Party. When the funds budgeted or certified during any fiscal year by a Party to discharge its obligations under this Agreement are expended, the other Party's sole and exclusive remedy shall be to terminate this Agreement. 17.No Joint Enterprise. The Agreement is not intended to, and shall not be construed to, create any joint enterprise between or among the Parties. 18.Public Information. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Texas Government Code Chapter 552, et seq., as amended (the "Texas Public Information Act"), such provision shall be void and have no force or effect. 19. No Third-Party Beneficiaries. This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as set forth herein, this Agreement shall not be deemed to create any rights in, or obligations to, any third parties. 20.No Personal Liability. Nothing in this Agreement shall be construed as creating any personal liability on the part of any employee, officer, or agent of any Party to this Agreement. 21.Nothing in this Agreement requires that either the Political Subdivision or County incur debt, assess or collect funds, or create a sinking fund. 8 22.Sovereign Immunity Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITY FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY AND THE COUNTY RETAIN ALL GOVERNMENTAL IMMUNITIES. XV. COST ESTIMATES AND DEPOSIT OF FUNDS It is estimated that the Political Subdivision's obligation under the terms of this agreement shall be DETERMINED AFTER THE ELECTION. Political Subdivision agrees to pay to County a deposit of$10,000.00. This deposit shall be paid to County within 10 business days after the final candidate filing deadline. The final candidate filing deadline is July 20, 2019. Therefore, deposit is due by July 31, 2019. The exact amount of the Political Subdivision's obligation under the terms of this Agreement shall be calculated after the NOVEMBER 5, 2019, election; and if the amount of the Political Subdivision's obligation exceeds the amount deposited, the Political Subdivision shall pay to County the balance due within thirty (30) days after receipt of the final invoice from the County's Election Department. However, if the amount of the Political Subdivision's obligation is less than the amount deposited, County shall refund to the Political Subdivision the excess amount paid within thirty (30) days after final costs are calculated. IN TESTIMONY HEREOF, this agreement, its multiple originals all of equal force, has been executed on behalf of the parties. (1) On the a-3 day of `l. 1- , 2019 been executed on behalf of the County Clerk by the County Clerk pursuant to the texas Election Code; (2) On the day of , 2019 been executed on behalf of the Political Subdivision by its Mayor or authorized representative, pursuant to an action of the Political Subdivision. BR RIA COUNTY, COUNTY CLERK by ..... Joyc Hud an, County Clerk •AS. • ATTEST: /,. ' CITY OF PEARLAND, TEXAS By 111(filh•fn(ma c - i Presiding Officer or Authorized " pre . tative CITY OF PEARLAND 9 "EXHIBIT 1" ELECTION EQUIPMENT RENTAL RATES FOR BRAZORIA COUNTY MAY (COUNTYWIDE JOINT) EQUIPMENT RENTAL CONTROLLER $365.00 each ACCESS WITH TOUCH UNIT(DAU) $350.00 each TOUCH UNITS $325.00 each POLLPADS $50.00 each MI-FI/HOTSPOT $50.00 each This is not a daily charge.This price is for the entire election even if it is for 12days of voting. OTHER CHARGES Programming $300.00 Tabulating $150.00 Equipment Delivery and Pickup Truck Rental(per delivery location) $25.00 Labor(Per delivery location) $75.00 Supply tubs EV-ED(see attached list for contents) ..$75.00 Mail Ballots kits including postage Domestic...$1.74...Overseas...$2.36 Publications charged based on%of registered voters TBD.. Workers-Judges $12.00 per hour-Overtime rate$18.00 per hour Clerks $10.00 per hour-Overtime rate$15.00 per hour ELECTION DAY For Election Day,we calculate a worksheet for each location the total cost for each Election Day location is divided by each political subdivision contracted. It will be billed similar to the early voting period with a minimum charge of$1500.00. EARLY VOTING For Early Voting we also calculate worksheets for each of the 10-11 early voting locations. Once we have the total cost for all locations, we do a spreadsheet that divides the cost between all political,subdivisions based on the percentage of registered voters in each. Since we have large and small cities in our county,the minimum charge for early voting has been set at $1,500;00 since no political subdivision can hold an election without renting a Controller,Access w/touch (DAU) a touch unit, supply tub and staffing. The new minimum charge as of 2019 will be $1500.00. OVERTIME We keep a record of our overtime for the May Elections and the staff gets paid overtime. Since we charge for programming and tabulations that money goes towards the employee's overtime. If we have more overtime than covered by a calculated programming and tabulation fees, we will add in the additional overtime when sending the final bills. NOVEMBER(COUNTYWIDE JOINT) For November Elections,the Election Day and Early Voting charges are calculated just like the countywide joint in May. Charges will include mail ballots, and publications if any.