R2009-091 - 2009-06-01RESOLUTION NO. R2009-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA
COUNTY.
APPROVED AS TO FORM:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain election services agreement by and between the City of
Pearland and Brazoria County, a copy of which is attached hereto as Exhibit `'A"and made
a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an election services agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 1St day of June, A.D., 2009.
~~-YC/ C 1 C~ cQ
TOM REID
MAYOR
ATTEST:
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C SE ETARY '`'~~~~
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2009-91
THE STATE OF TEXAS
COUNTY OF BRAZORIA
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT by and between THE CITY OF PEARLAND, acting by and through the
..
governing body of hereinafter referred to as Political Subdivision ,and Joyce Hudman, County
Clerk of Brazoria County, Texas, hereinafter referred to as "County Clerk", and by authority of
section 31.092(a), Texas Election Code, for the conduct and supervision of the Political
Subdivisions election to be held on June 20, 2009.
RECITALS
Politico[ Subdivision is holding a Municipal Election (at the expense of Political Subdivision)
on June 20, 2009.
The County owns an electronic voting system, the Hart InterCivic eSiate 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 County's electronic
voting system and to compensate the County far 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, as amended.
NOW THEREFOR, 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 of Brazoria County shall coordinate,
supervise, and handle all aspects of administering the Joint Election as provided in this agreement.
Political Subdivision agrees to pay Brazoria County 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
County's electronic voting system and polling places, and it is agreed that Brazoria County and the
County Clerk may enter into other joint election agreements and contracts for election services for
those purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that Brazoria County 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
JUN 15 2~u9
on the county's electronic voting system at the applicable polling places. In such cases, 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.
!I. 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 andlor Political Subdivision's governing body, charter, or ordinances. With
reference to publications, the "County Clerk" will publish the "Notice of Tabulation Testing", but the
"Political Subdivision" will publish the "Notice of Election."
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 Elections Office. The Political Subdivision will be responsible for making the
preclearance request to the U. S. Department of Justice for this "Special Runoff Election".
Ill. VOTING LOCATIONS
The County Clerk's Election Office and the Political Subdivision shall select and arrange for
the use of and payment far 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.
In the event a voting location is not available, the Elections Department will arrange far use of an
alternate location with the approval of the Political Subdivision.
If polling places for the June 20, 2009 Special Runoff Election are different from the polling
place(s) used by Political Subdivision in it's most recent election, Political Subdivision agrees to
post a notice no Eater than June 19, 2009 at the entrance to any previous polling places in the
jurisdiction stating that the polling location has changed and stating the politico[ subdivision's
polling place names and addresses in effect for the June 20, 2009 election.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Brazoria County shall be responsible far the appointment of the presiding judge and
alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code.
The County Clerk shall make emergency appointments of election officials if necessary.
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).
2
The 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
insure that all election judges appointed for the Joint Election are eligible to serve.
The County Clerk shalt arrange for the training and compensation of all election judges and
clerks. The Elections Department 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 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 rates 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 far 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
It is agreed by ail parties that at all times and for all purposes hereunder, ail election judges,
clerks, and all other personnel involved in this election are independent contractors and are not
employees or agents of the County or Political Subdivision. No statement contained in this
Agreement shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County or Political Subdivision, and no election personnel shall be
entitled to the rights, privileges, ar benefits of County or Political Subdivision employees except as
otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent
of the County or Political Subdivision, unless considered a county employee as determined by the
Brazoria County Human Resources Department.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Department shall arrange for al( 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 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. !f special maps are needed for a particular Political
Subdivision, the Election Department will order the maps and pass that charge on to that particular
Political Subdivision.
Politico! 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). This fist shall be delivered to the Elections Department as soon as possible after
ballot positions have been determined by each of the participating authorities. Each participating
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authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that
authority's candidates and/or propositions.
VI. EARLY VOTING
The participating authorities 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 participating authorities further agree that each Early Voting
Location will have an "Officer in Charge" that 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..
As Early Voting Clerk, the County Clerk shall receive applications for early voting ballots to
be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests
for early voting ballots to be voted by mail received by the Political Subdivision shalt be forwarded
immediately by fax or courier to the Elections Department for processing.
The 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.
Vll. EARLY VOTING BALLOT BOARD
Brazoria County 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 Elections
Department, shall appoint two or more additional members to constitute the EVBB. The Elections
Department shall determine the number of EVBB members required to efficiently process the early
voting ballots.
VI11. CENTRAL COUNTING STATION AND ELECTION RETURNS
The County Clerk 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: Gina Anderson
Alternate Counting Station Manager: Brandy Pena
Tabulation Supervisor: Janice Evans
Alternate Tabulation Supervisor: Susan Cfoudt
Presiding Judge: Murphy Rankin
Alternate Presiding Judge: Patricia DeVille
The 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.
4
The 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 Elections Department shall submit al! Political Subdivision's precinct by precinct returns
to the Texas Secretary of State's Office electronically.
iX. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election.
Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according
to a formula which is based on the cost per polling place. Costs for polling places shared by
County, Political Subdivision, and other political subdivisions shall be divided equally among the
participants utilizing that polling place.
It is agreed that the normal rental rate charged for the County's voting equipment used on
election day shall 6e divided equally among the participants utilizing each polling location.
X. 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 Brazoria County on behalf of Political Subdivision. Any monies deposited with the
county by the withdrawing authority shall be refunded, minus the aforementioned expenses.
XI. 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 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
5
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.
XII. 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 Subdivison's official or employee
who performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Department agrees to provide advisory services to the District 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.
Xill. 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 County's election equipment and voting
places, and 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 Brazoria County Treasurer
and the Brazoria County Auditor in accordance with Section 31.499 of the Texas Election Cade.
3. In the event that legal action is filed contesting 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.
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 of more of the provisions contained in this Agreement shall far 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
8. Ali parties steal! 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
al! parties hereto.
X1V. COST ESTIMATES AND DEPOSIT OF FUNDS
It is estimated that Political Subdivision's obligation under the terms of this agreement shall
be $15,485.80. Political Subdivision agrees to pay to Brazoria County a deposit of $7,742.90,
which is approximately fifty (50) percent of the total estimated obligation of Political Subdivision to
the County under this agreement. .This deposit shall be paid to Brazoria County within 10 days
after receipt of this bill. The exact amount of the Political Subdivision's obligation under the terms
of this agreement shall be calculated after the June 20, 2009 election and if the amount of the
Political Subdivision's obligation exceeds the amount deposited, the Political Subdivision shall pay
to Brazoria County the balance due within thirty (30) days after receipt of the final invoice from the
County Clerk's Election Department. However, if the amount of the Political Subdivision's
obligation is less than the amount deposited, Brazoria 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 hereto as follows, #o-wit:
(1) It has on the ~~ day of v~e , 2009 been executed on behalf of Brazoria
County by the County Judge or the County Clerk pursuant to the Texas Election Code so
authorizing;
(2) It has on the 1 day of ~vN~ , 2009 been executed on behalf of the Political
Subdivision by its Presiding Officer or authorized representative, pursuant to an action of the
Political Subdivision so authorizing;
BRAZORIA COUNTY
udman, County Clerk
7
ATTEST:
POLITICAL SUBDIVISION
By
Presiding Officer or Authorized Representative
City of Peariand
Tom Reid, Mayor 6/1/09
PROPOSED COST FOR CITY OF PEARLAND RUNOFF ELECTION
CHARGE
Programmin $300.00
Tabulations $150.00
Estimated Overtime $0.00
Subtotal $450.00
Election Service Fee (10%} $45.00
Subtotal for Other Charges $495.00 $495.00
Pct. Number Pct. Cast
46 _ $1,658.80
_
59
- $1,658.80
_
-~--- 29 $1,658.80
__ _
_ _
64 __
$1,658.80
Total for Voting Locations $6,635.20 $6,635,20
EARLY VOTING -WEST SIDE EVENT CENTER $4,177.80 _ __
EARLY VOTING -EAST PEARLAND _ $4,177.80
Total for Early Voting $8,355.60 $8,355.60
TOTAL ESTIMATED COST $15,485.80
50% Deposit Due $7,742.90
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