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R2023-041 2023-02-13_English RESOLUTION NO. R2023-41 A Resolution of the City Council of the City of Pearland, Texas, ordering a General Election to be held on the 6th day of May 2023, establishing the procedure; and providing for other related matters related thereto. Whereas, Section 41.001 of the Texas Election Code, as amended (hereinafter referred to as the “Code”) establishes May 6, 2023 as a “uniform election date” for the purposes of conducting an election; and Whereas, the City of Pearland, Texas (hereinafter the “City”), wishes to order a general election for the purpose of electing three (3) Council Members by position, from the City at large, for Mayor; Council Member, Position three (3); and Council Member, Position seven (7), for a term of three (3) years; and Whereas, the Pearland City Council wishes to proceed with the ordering of such election and the City Council has determined that holding such election is in the public interest; and Whereas, the laws of the State of Texas further provide that the Texas Election Code ("Code") is applicable to all general municipal elections and in order to comply with said Code, an ordinance should be passed establishing the procedures to be followed for the May 6, 2023, election; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. General Election Ordered. In accordance with the Charter of the City of Pearland and the laws and the Constitution of the State of Texas, a General Municipal Election is hereby ordered to be held in and throughout the City of Pearland on May 6, 2023, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which General Election all qualified voters of the City of Pearland, Texas (the "City") may vote for the purpose of electing the following officials of the City: Mayor; Council Member, Position three (3); and Council Member, Position seven (7). Section 2. Placement on Official Ballot. That any eligible and qualified person may have his/her name printed upon the official ballot as an independent candidate for the office of Councilmember by filing a sworn application with the City Secretary of the City of Pearland, no later than 5:00 p.m., February 17, 2023. Candidates shall file their applications with the City Secretary on any weekday that is not a City holiday, between 8:00 a.m. and 5:00 p.m., Monday through Friday. The form of the sworn application for the candidates for the office of Councilmember shall be as set forth by Section 141.031 of the Texas Election Code. Section 3. Drawing. The order in which the names of the candidates for each office are to be printed on the ballot shall be determined by a drawing conducted by the City Secretary as provided by the Texas Election Code. Such drawing will be held in the Office of the City Secretary at City Hall on Thursday, February 23, 2023 at 10:00 a.m., for the general election. Section 4. Joint Election. That the general election called in Section 1 hereof shall be held as a joint election and authorize the City Secretary to execute a contract with Brazoria County to conduct the election. Section 5. Polling Locations. That the City shall use the polling places along with election officials for the general election ordered in Section hereof as designated by Brazoria DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC County. Section 6. Early Voting. Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated by Brazoria County as described in “Exhibit A”. The location of the main early voting polling place for each county is as follows: Brazoria County East Annex 1524 E Mulberry Angleton, TX 77515 Early voting by personal appearance shall commence on April 24, 2023, and end on May 2, 2023, in accordance with the schedules adopted by Brazoria County. Applications for a ballots to be voted on by mail should be mailed as follows: By Regular Mail By Fax By Common or Contract Carrier Joyce Hudman County Clerk 111 E Locust Ste 200 Angleton, TX 77515 979-864-1011 Joyce Hudman County Clerk 111 East Locust, Suite 200 Angleton, Texas 77515-4654 By email: ABBM@brazoriacountytx.gov Phone No.: 979-864-1662, 281-756-1662 or 979-388-1662 Website: https://www.brazoriacountyclerktx.gov/departments/elections/vote-by-mail If an application is sent to the early voting clerk by fax or email, the original application must still be mailed, and received by the early voting clerk no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA, to the address shown above for Regular Mail. The last day to submit an application for a ballot to the respective Early Voting Clerk to be voted by mail is April 25, 2023 (received, not postmarked). Section 7. Election Polling Places and Voting Hours on Election Day. The election precincts for the General Election are the Brazoria County Vote Centers as described in “Exhibit B” or at such other locations as hereafter may be designated by the Administrator. On Election Day the polls shall be open from 7:00 o'clock a.m. and 7:00 o'clock p.m. Section 8. Central Counting Stations. The Central Counting Stations to receive and tabulate voted ballots shall be at the located at the Brazoria County East Annex, 1524 E Mulberry, Angleton, TX 77515. Section 9. Election Notice. The general election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In the general election, the Mayor and the City Secretary of the City of Pearland shall do and perform each act as required to be done and performed respectively by the County Judge and the County Clerk of the Commissioners' Court. The notice of the general election shall be given by posting a substantial copy of this election ordinance at City Hall and at three other places in the City, not later than the 21st day prior to the date set for the election; and a substantial copy of this election ordinance also shall be published at least once in a newspaper of general circulation published in the City, the date of the first publication to be not more than 30 days and not less than 14 days prior to the date set for the general election. Notice of the general election shall also be DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC provided to the Brazoria County Clerk not later than the 60th day before the date of the election ordered herein. Section 10. Determination of Ballots for General Election. The candidates receiving a majority of votes for the position to be filled at such election shall be declared elected. Section 11. Further Action. The City Secretary is further authorized to give or cause to be given notices required for the general election, and to take such other and further action as is required to conduct such election in compliance with the Texas Election Code. Section 12. Compliance with Law. In all matters relating to the ordering, giving notice, and holding the general election, the City shall comply with the applicable parts of the Texas Election Code, including Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 13. Open Meetings Act. 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 14. This Resolution is effective immediately upon its Passage and approval. PASSED, APPROVED and ADOPTED this the 13th day of February, A.D., 2023. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC “Exhibit A” DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC “Exhibit B” Polling Places - Election Day City (Ciudad) Polling Place (Sitio de Votación) Address (Dirección) Alvin Alvin Library 105 S Gordon Angleton East Annex (Old Walmart) Room 144 1524 E Mulberry Bonney Bonney Annex Building 19025 FM 521 Brazoria Brazoria Library 620 S Brooks Brookside Village Brookside Village Community Center 6243 Brookside Rd Clute Clute Event Center 100 Parkview Dr Danbury Danbury Community Center 6115 5th St Freeport Freeport Library 410 Brazosport Blvd Hillcrest Village Hillcrest Village Municipal Building 200 W Timberlane Jones Creek Jones Creek Community House 7207 Stephen F Austin Rd Lake Jackson Lake Jackson Civic Center 333 Hwy 332 East Liverpool Liverpool City Hall 8901 County Road 171 Manvel North Annex 7313 Corporate Dr Oyster Creek Oyster Creek City Hall 3210 FM 523 Pearland Drainage Dist No. 4 Building 4813 W Broadway Pearland Pearland Recreation Center 4141 Bailey Rd Pearland Silverlake Recreation Center 2715 Southwyck Pkwy Pearland Tom Reid Library 3522 Liberty Dr Pearland West Pearland Community Center 2150 Countryplace Pkwy Pearland West Pearland Library 11801 Shadow Creek Pkwy Richwood Richwood City Hall 1800 Brazosport Blvd N Surfside Beach Surfside Beach City Hall 1304 Monument Dr Sweeny Sweeny Community Center 205 Ashley Wilson Rd West Columbia Precinct 4 Building #2 121 N 10th St DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 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 MAY 6, 2023. 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 Clerk may 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 2.5.3), 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 wish to participate in the use of the electronic voting system and polling places, and it is agreed that the County Clerk may enter into 1 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 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 statemen." 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 will be provided once the final candidate filing deadline has been meet and will be listed as Attachment "A". 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 as Attachment "A". 2 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 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 judge may appoint. Each election judge will receive compensation at an hourly rate of$14.00. Each election clerk will receive compensation at an hourly rate of$12.00. 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. 3 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 VI. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT 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. If any error or changes are discovered after the Logic and Accuracy test has been conducted and ballots prepared then the Political Subdivision will be responsible for all cost. VI I. 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$14.00. The clerks at each location will receive compensation at an hourly rate of$12.00. 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. 4 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 VIII. EARLY VOTING BALLOT BOARD 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 three 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: Johnathan Escamilla 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. https://www.brazoriacountyclerktx.gov. 5 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 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. 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 $2000.00, for those with lesser amount, additional cost associated will be itemized and billed. 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 $2000.00 will be a minimum amount of$2000.00 for the early voting period. 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. 6 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 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. 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, 7 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 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. 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. 8 DocuSign Envelope ID:AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 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. 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 February 17, 2023. Therefore, Deposit is due by March 3, 2023. The exact amount of the Political Subdivision's obligation under the terms of this Agreement shall be calculated after the May 6, 2023, 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. 9 DocuSign Envelope ID: AF26C5A8-1 E01-453E-A7C5-5EAA53B3A649 IN TESTIMONY HEREOF, this agreement, its multiple originals all of equal force, has qbeen executed on behalf of the parties. (1) On the '' day- of M , 2023 been executed on behalf of the Cou nty Clerk by the County Clerk pursuant to the Texas Election Code; (2) On the 13 day of February , 2023 been executed on behalf of the Political Subdivision by its Mayor or authorized representative, pursuant to an action of the Political Subdivision. BA ORIA COUNTY, COUNTY CLERK by Joyc Huci an, County Clerk ATTEST: CITY OF PEAR LAND, TEXAS DocuSlgned by: Frocks giyAiLar rrr4'.5... By DocuSlgned by: 81= 563F4F2 ., Presiding Officer or Authorized Representative CITY OF PEARLAND A�EOFT _`9 GINA FERGUSON °W-4 BRAZORIA COUNTY Chief Deputy iA r - t� 111 E.Locust,Ste.200 11 J r Angleton,TX 77515 OF IR— JOYCE HUDMAN COUNTY CLERK www.brazoriacountyclerIctx.gov CITY OF PEARLAND Your deposit for the MAY 6, 2023, LOCAL JOINT ELECTION was received Amount Received $10,000 Check Date 03/02/2023 Check number#6490150 Thank you, }(A(AiV ati Lisa Mujica Brazoria County Election Director Angleton—979-864-1373 Brazosport—979-288-1373 North County—281-756-1373