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HomeMy WebLinkAboutRES 012610-O - Ordering General ElectionRESOLUTION N.0, 0 RO lO"0 A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A GENERAL ELECTION FOR ELECTION OF CITY COUNCIL MEMBERS FOR COUNCIL DISTRICTS 3, 9 AND 7 TO BE HELD ON MAY 8, 2010, ORDERING A RUN-OFF ELECTION, IF NECESSARY, AND ESTABLISHING PROCEDURES FOR SAID ELECTIONS, WHEREAS, the City Council is composed of a Mayor and seven Council Members per Article II of the City Charter and WHEREAS, the Mayor is elected at large and the Council members are elected from single -member districts and WHEREAS, the Mayor and Council members sense three year terms WHEREAS, the Mayor and Council members are composed of the fallowing individuals with terms as delineated as follows: OFFICE DATE THAT TERM EXPIRES ?~MAYOR GARVER MAY 2011 DISTRICT 1 COUNCIL MENIBER EASON MAY2012 DISTRICT 2 COUNCIL MEMBER SANSING MAY 2011 DISTRICT 3 COUNCIL MEMBER BRANARD MAY 2010 DISTRICT 9 COUNCIL MENIBER SMILER MAY 2010 DISTRICT 5 COUNCIL MEMBER BERRUAN MAY2012 DISTRICT 6 COUNCIL MEMBER ROSS MAY 2011 DISTRICT COUNCIL MEMBER OLIVER MAY2019 WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that on Saturday, May 8, 2010, there shall be a General Election at which shall be elected the following officials for this City; 01410r Three (3) Members of the Georgetown City Council; one Councilmember from each of Districts 3, 4 and 7; and WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a Resolution should be passed establishing the procedure to be followed in said election and designating the noting places for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OFTHE CITY OF GEORGETOWN, TEXAS THAT; SECTION 1, VERIFICATION OF FACTS The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, .as if copied verbatim. SECTION 2. CANDIDATES This general election shall be held to elect the Council members for City of Georgetown SingleMember Districts 3, 4 and 7. The boundaries for Single -Member Districts 3, 4 and 7 have been updated to include newly annexed lands, Maps showing the updated boundaries of Districts 3, 4 and 7 are attached hereto as Exhibits 71111" and "C" An updated map of the entire area within the city limits (showing the boundaries of all of the council districts) is attached hereto as Exhibit "D", These maps are hereby adopted. as the Official. Council District Maps and shall determine the qualification of the candidates to serve and shall govem the qualification of the voters to vote in said election, SECTION 3, CANDIDATE APPLICATION DEADLINE AND ORDER OF NAMES ON BALLOT All candidates for the election to be held on the second Saturday in May, 2010, for the Council members for Districts 3, 4 and 7 shall file their applications with the Gty Secretary at the City Hall,113 E. 86 Street, Georgetown, Texas, on or before 5:00 p.m. on Monday, March 8, 2010, The City Secretary's Office will be available to receive applications on Monday, February 7, 2010, The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing held by the City Secretary on Tuesday, March lb, 2010, at 4,00 pa in the IvfainFloor Foyer at Gty Ha11,113 E, Street, Georgetown, Texas, SECTION 4. POSSIBLE RUNOFF ELECTION As provided in the City Charter, in the event that no candidate can be declared the winner in any or all of the individual races to be conducted in the General Election, a runoff election shall be held not earlier than 20 days nor later than 30 days after the date of the Final Canvass of the May B, 2010 Election, If necessary, the Run -Off Election shall be held on June 12, 2010 In such Runoff Election, the two candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again, and the candidate who receives the majority of the votes cast for each such office in the Runoff Election shall be elected to such office. SECTION S. OPTICAL SCAN BALLOTS Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code, and there steal be at least one disabled -access voting device, such as a Direct Recording Electronic (DRE) machine at each polling place. SECTION 6, CONDUCT OF ELECTION Pursuant to Subchapter D of Chapter 31 of the Texas Election Code, the City Council is further ordering that this General Election and possible Runoff Election be conducted under the terms and conditions of a Contract for Election Services between the City of Georgetown and Williamson County, the form of which is attached to this Resolution and labeled as Exhibit 1". Chapter 31, Subchapter D of the Texas Election Code provides that city may contract with the County Elections Officer for election services if the city is located in whole or in part in the county. In addition, this will be a joint election conducted with other entities that will also hold an election on May B, 2010 pursuant to the Joint Election Agreement, the form of which is attached hereto and labeled as Exhibit "F n The Joint Election Agreement also provides that the estimate for billing purposes will be based on the number of precincts in Districts 3,4 and 7, Nevertheless, for final billing purposes, it will be based on registered voters, As authorized by Chapter 31, Subchapter of the Texas Election Code, the Georgetown City! Council hereby appoints the Williamson County ©ections Administrator, Rick L. Barron, II, 301 Inner Loop, Suite 104, Georgetown, Texas 76626, as the election officer for 0�a�i0.0 the purpose of conducting the May 8, 2010 General Election. This appointment includes services as Early Voting Clerk for the Election, Counting Station Manager, Presiding Judge of the Central Counting Station, and Tabulation Supervisor. In addition and in accordance with Chapter 66 and Chapter 31 of the Texas Election Code, the City Council hereby appoints Williamson County Elections Administrator, Rick L. Barron, II, as agent for the Custodian of Records ("Agent") for the May 8, 2010 General Election for the purpose of preserving voted ballots and other election records as required by the Texas Election Code. SECTION 7. EARLY VOTING Early Voting by Personal Appearance shall take place at the shown on Exhibit "G" Unless otherwise noted on Exhibit "G" each location will remain open from 7:00 am. to 7:00 p.m., Monday through Saturday, beginning on the 12th day preceding the date of the election, which is Monday, April 26, 2010, and ending on the fourth day before Election Day; which is Tuesday, May 4, 2010. Early Voting shall also be conducted on Sunday, May 2, 2010, from noon to 6:00 p.m. at all Early Voting Locations In the event of a Runoff Election, Early Voting by Personal Appearance shall take place at the Georgetown locations shown on the attached exhibit pertaining to Early Voting locations and for the same hours used for the General Election, beginning on the 12th day preceding the date of the runoff election and ending on the fourth day before the date of the runoff election. Each location will remain open from 7:00 a.m. to 7:00 p.m. on all Mondays through Saturdays during that period, and from noon to 6:00 p.m. on any Sunday during that period. However, Early Voting locations willbe closed on Memorial Day. If the Elections Administrator plans to change any of the polling locations or the dates and times, he shall notify the City of Georgetown so that the changes can be approved by the City Council and so that theappropnate Justice Department Submissions can be made by the City Attorney, The City Attomey will also notify the Justice Department of the recent annexations of vacant land as approved by Ordinance No, 2009-30, 2009-31 and 20(9.49, which was and is incorporated into District 4. SECTION 8, ELECTION DAY VOTING Election Day Voting shall take place from NO a.m. to 7:00 p.m. at the locations shown on Exhibit II". eta(0i n In the event of a Runoff Election, the same Georgetown election day voting locations will be used as stated in the attached exhibit far the General Election, If the Elections Administrator plans to change any of the polling locations or the dates and times, he shall notify the City of Georgetown so that the changes can be approved by the City Council and so that the appropriate Justice Department Submissions can be made by the City Attorney, SECTION 9, ELECTION INFORMATION TO BE PROVIDED IN SPANISH The Mayor and all other election officers appointed by the City Council as being responsible for the preparation of notices, instructions, orders, ballots, and other written material pertaining to the General Election shall cause each such document to be translated into and furnished to voters in both the English language and the Spanish language in order to aid and assist voters speaking Spanish as a primary or an alternative language to properly participate in the election process. In addition, the Mayor and other responsible election officers are hereby authorized and directed to make available to the voters hasing the need of an individual capable of acting as a translator and speaking both English and Spanish languages who will assist Spanish speaking voters in understanding and participating in the election process. SECTION 10, CANVASSING OF RETURNS; DECLARING RESULTS The Williamson County Elections Administrator, as Georgetown's designated election officer, shall provide the written return of the Election results to the City of Georgetown in accordance with the Texas Election Code, The City Council shall canvass the returns on May 18, 2010 and declare the results of the General Election in accordance with the Texas Election Code Section 67.003(b), which provides that for elections held on the uniform election date in May, the following provisions apply: (b) For an election held on the uniform election date in lvlay, the local canvass must occur not later than the 11th day after election day and not earlier than the later of: (1) the third day after election day; (2) the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or �14% 0 (3) the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. SECTION 11, NOTICE OF ELECTION Notice of the General Election shall be published one time in the English and Spanish languages, in a newspaper published within Georgetown's territory at least 10 days and no more than 30 days before the General Election and as otherwise may be required by the Texas Election Code, Notice of the General Election shall also be posted on the bulletin board used by the City Council to past notices of its City Council meetings no later than the 21s' day before he General Election. SECTION 12, AUTHORIZATION TO EXECUTE The Mayor of the City of Georgetown is authorized to execute and the City Secretary is authorized to attest to the Order on behalf of the City Council; and the Mayor is further authorized to do all other things legal and necessary in connection with the holding and consummation of the General Election which includes the Ong of and the publication of the Notice of Election to be in a form as to be approved by the City Attorney. SECTION 13. PREAMBLE TRUE AND CORRECT The facts and recitations contained in the preamble of this resolution are hereby found to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. SECTION 15, EFFECTIVE DATE This Resolution shall be effective immediately upon its approval. Exhibit List: Exhibit Boundaries of Council Distriet3 ExhibitB Boundaries of Council District4 Exhibit Boundaries of Council District i Exhibit D Boundaries of all Council Districts Exhibit Election Senices Agreement Exhibit JointElection Agreement Exhibit G Early Voting Locations Exhibit H Election Day Voting Locations ihlMl�a.r7 RESOLVED this day of January, 2010. THE CITY OFGEORGETOWN: Attest By: George G. Garver, Mayor APPROVED AS TO FORM: 5144 Bark Sokolov, City Attorney ail 14 Ili JessHamilton, Ci Yretary d001 N3NN135 Y i� EXIII611 "E" CONTRACT FOR ELECTION SERVICES THIS CONTRACT FOR ELECTION SERVICES (this "Contract") is matte and entered into by and between the ELECTIONS ADMINISTRATOR OF W[LL1 msoN COUNTY, TEAS ("Contracting Officer"), and the entity set forth on the signature page of this Contract (the "District"), pursuant to the authority under 131.092(a) of the Texas Election Code. RECITALS WHEREAS, the District expects to call an election during the term of this Contract and during any renewal term of this Contract (the "Election"); • WHEREAS, the District desires that certain election services for the Election be provided by the Contracting Officer pursuant to Chapter 31, Subchapter D of the Texas Election Code; and WHEREAS; the Contracting Officer and the District desire to enter into contract setting out the respectiveressponsibilities of the parties; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties to this Contract agree as follow with respect 10 the coordination, supenision, and running of the Eleetiot I. PURPOSE; SCOPE; APPOINTMENT, k 'The purpose of this Contract is to maintain consistency and accessibility in voting practices, polling places, and election procedtnes in order to best assist the voters of the District, For purposes of this Contract, the term "Election" wtTl include any resulting recount, or election contest: If a run off is necessary, the District will work with the Contracting (Ern determine a mutually acceptable runoff date, B. The Contracting Officer is hereby appointed to serve as the District's Election Officer and Early Voting Clerk to conduct the Election for those areas of the District located in Williamson County. As District's Election Officer and Early Voting Clerk, the Contracting Officer will coordinate, supervise, and conduct all aspects of administering voting in connection Ad the Election in compliance with all applicable law, except as otherwise provided in this Contract. It. RESPONSIBILITIES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following services and furnishing the following materials and equipment in connection with the Election, A,Nomination of Presiding Judges and aerate hedges Contracting Officer will recruit and appoint all election workers. Such proposed presiding judges and alternate judges shall meet the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election Code, B, ,Notification to District. Contracting Officer will provide District with the most up-to- date list of early voting polling places, election day polling places, and presiding and alternate judges three weeks before the statutory deadline to order the election and again three weeks before electior, day. District aclmowledges that the information provided may not be final or complete. 1 oihilgrT rEn C, Notifiefpom to Presiding and Alternate Judges; Appointment of Clerks. I. The Contracting Officer shall notify each presiding judge and alternate judge of his or her appointment The notification will also include the assigned polling location, the date of the election school(s), the date and time of the election, the rate of compensation, the number of election clerks the presiding judge may appoint, the eligibility requirements for election workers, and the name of the presiding or alternate judge, as appropriate. The Contacting Officer shall notify each of the elation judges and alternates of their appointment and to the seIan or. of election day clerks: lreleded in this notification will be the number of clerks that each precinct can appoint in addition to the election judge and alternate judge. The election judge is responsible for recruiting and supervising their clerks: Notification to the election judges and alternates shall be made no later than 20 days from the date of the election unless the'Contracdng Officer appoints a judge aler this date. 2, The Contracting Officer shall ensure that the presiding judges make the appropriate election clerk appointments and notify the clerks of such appointments, The presiding election judge of each polling place; however, will use his or her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determne the number of clerks to work on the Balloting Board. D. Contracting with Thin!Parties. In accordance with .3L09gofthe Texas Election Code, the Contracting Officer is authorized to contract with third persons for election services and supplies. The actual cost of such third -person services and supplies will be paid by the Contracting Officer and reimbursed by the District, E. Election School(s), The Contacting Officer shall be responsible for conducting one or more, in his discretion, election schools to train the presiding judges and alternate judges in the conduct of elections, including qualifying voters, provisional voting, and the counting of ballots. The Contracting Officer shall determine the date, time, and place for such school(s) and notify the presiding judges and alternate judges of such, The Contracting Officer may hold the election school(s) on a Saturday in order to increase its availability to election workers who are employed during the regular work week If at all possible, such election schools shall be conducted within the District's territory. F. Election Supplies, The Contracting Officer shall procure, prepare, and distribute to the presiding judges for use at the polling locations on election day (and to the early voting clerks during early Toting) the following election supplies; election kits (including the appropriate envelopes, sample ballots, lists, forms, name tags, posters, and signage described in Chapters Sl, 61, and 62, and Subchapter B of Chapter 66 of the Texas Election Cade), pens, peneils, rape, markers, paper clips, ballot box seals, sample ballots, tacks, and all consumable -type office supplies necessary to hold an election, G. Registered Voter Lig . The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law, The election day list of registered voters shall be arranged in alphabetical order by each precinct, H. DREs. The Contacting Officer shall provide; at each polling location, at least one voting station with a voting system that; (i) fully complies with applicable law relating to accessible voting systems which make voting accessible for disahled voters; and (ii) prolides a practical and effective means for voters with physical disabilities to cast a secret ballot. 2 DI-113LT ''Fit 1. Precinct Ballot Counters and Transport Bags. The Contracting Officer shall make available for use it the election the appropriate number of Williamson Countrowmed precinct ballot counters and transport bags to carry election supplies. The precinct ballot counters and transport bags will be resumed to the Contacting Officer at the conclusion of the election, The Contracting Officer shall deliver the precinct ballot counters (M100s) and have transport bags (containing election supplies) ready to be picked up by each presiding judge, or the designee of the presiding judge, prior to the early voting period (for early tinting) and 2 days before Election Day (for election day voting) at 301 SE Inner Loop; Georgetown, Texas 78626 and shall notify each presidingjudge of the time such shall be ready. J, Ballots, The Contracting Officer shall be responsible for the preparation, printing,. programming, and distribution of ballots and sample ballots, provided that the District will prepare the text of such ballots as set forth in Section ELC. below, Without limiting the foregoing, the Contracting Officer will be responsible for the programming of the direct recording electronic voting devices (referred to as DBEs) and the printing of ballots requested by mail. The Contracting Officer shall be responsible for distributing the DREs along with the election supplies. In addition, the Contracting Officer will prepare the paper; optical, and auditory ballots for the election. The ballots shall be in English with the Spanish translation included. K Early Voting. In accordance with H31.096 and 31.097(b) of the Texas Election Code, the Contracting Officer will serve as Early Voting Clerk for the election, 1, The Contracting Officer shall supervise and conduct early voting by mail and personal appearance and shall secure personnel to serve as Early Voting Deputies, 2. Early voting by personal appearance for the election shall be conducted during the hours and time period and at the locations as dal wined by the Contracting Officer. 3, The Contracting Officer shall receive mail ballot applications on behalf of the District, All applications for mail ballots shall be processed in accordance with Title 7 of the Texas. Election Code by the Contacting Officer or his deputies at 391 SE Inner Loop, Ste 104, PO Box 209, Georgetown, Texas 78627.0209, Applications for mail ballots erroneously mailed to the District shall be faxed as promptly as possible to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 4. Early voting ballots cast by personal appearance shall be secured and maintained at 301 SE Inner Loos, Georgetown, TX and in accordance with Chapter 87 of the Texas Election Code. The Early Voting Ballot Board shall meet at 301 SE Inner Loop, Ste 104, Georgetown, TX on the day after early voting ends during each term of this Contract; L. Election Day Polling locations, The election day polling locations are determined by the Contracting Officer. The Contracting Officer shall arrange for the use of all election day polling places and shall arrange for the setting up of all polling locations for election day, inc:uding ensuring that each polling location has the necessary tables, chairs, and voting booths, The District rmderstands that the cost of services to be rendered by the Contracting Officer includes a pro rata share of any fees charged by the entity providing the poll site and the cost of all employee services required to provide access, security, or custodial services for the polling location(s), M. Ballot Tabulation. The Early Voting Ballot Board shall be responsible for handling ballot tabulation in accordance with statutory requirements and county policies, under the 3 MiSIT'1E auspices of fie Contracting Officer, and will, thereafter, transport all election records to the Contracting Officer. N. Mont Counting, The Contracting Officer shall conduct a manual count as prescribed by 02 201 of the Texas Election Code and submit a written report to the District in a timely manner. The Secretary of Stax may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by § 121Z01(E) of the aforementioned code. O. Election Reports. The Contracting Officer shall prepare the unofficial and official tabulation of precinct results under §66.056(a) of the Texas Election Code. If necessary, Contracting Officer shall provide a copy of the tabulation to the Travis County Central Cotmting Station as soon as possible after the Contracting Officer has received the precinct returns on election night. P. Custodian of Voted Ballots, The Contracting Officer is hereby appointed the custodian of voted ballots and shall preserve them hh accordance with Chapter 66 of the Texas Election Code and other applicable law. After complying with the retention period, the Contracting Outer shall forward election material, including voted ballots, to the District, if requested. Q. Schedule for Performance of Services. The Contracting Officer will perform all elechon services in accordance and compliance with the time requirements set out in the Texas Election Code. IL Compensation of Election Workers. The Contracting Officer will compensate all election workers; including election day and early voting judges and clerks and judges for election nigh: and early voting returns, in accordance with the Contracting Officers established compensation policies, S. Pretlearance, The Distticl shall be individually responsible for obtaining appropriate preclearance, if necessary, from the United States Deputment of Justice, The Contracting Officer will provide the District with information on changes affecting the District's election, such as polling place changes and ch ii;es in voting equipment, when such changes are confirmed, verified, or otherwisebecome known to him or his office. II1 RESPONSIBILITIES OF Tilt DISTRICT. The District shall assume the following responsibilities; A. Applications for !Hail Ballots. The District shall date stamp and then as promptly as possible fax to the Contracting Officer all applications for mail ballots that it receives. Promptly thereafter, the District shall deliver or send by mail the original mail ballot applications to the Contracting Officer, B. Election Orders, Electron Notices, Canvass, The District will be responsible for preparing, adopting, publishing, and posting all required election orders, resolutions, notices, and other documents, including bilingual materials, evidencing action by the goveming authority of the District necessary to the conduct of the Election. The District will be responsible for conducting the official canvass of the Election, C, Ballot Tex. The Distrct will be responsible for preparing the text for the District's official ballot in English and Spanish, or other languages as required by law. The District will provide the Contracting Officer with a list of propositions showing the order and the exact manner in which the candidates' names and the propositions are to appear on the. official ballot. 4 The District shall also provide approral once the Contracting Officer submits it.far review by e- mail or by signature ir, person, D. Custodian of Records, The Contacting Officer will sene as the custodian of voted ballots as set forth in Section 1LP, shove, The District will be responsible for. having a District representative serve as the custodianof all other elettion records. E. Annual Voting Report. The District will be responsible for .filing its animal voting system report to the Secretary of State as required under Chapter 123 et seq. of the Texas Election Code. IV, PAYMENT A. Charges, In consideration for the joint election senices provided hereunder by the Contracting Officer, the District will be charged a share of election costs, an administrative fee, and for the lease of voting equipment, 1, Share of Election Costs. The District's projected share of election costs will be determined on a pro rasa basis using the followmg method; The number of precincts each District has involved in an election will be added together. The proportional percentage of that sum for each entity will be calculated. The proportional cost for each District for election services will be calculated by multiplying the proportional percentage of each District by the total cost of the election, 2. Administrative Fee. Tie Contacting Officer will charge a fee equal to 10% of the District's projected share of the total costs of each election, 3, Lease of Voting Equipment, Per Texas Election Code Section 123.032(d), the Williamson County Commissioners Court has established the following prices for leasing county -awned voting equipment; $309,50 per ADA iVotronic DRE; S250.00 per iVotronic DILE; Sg5.00 per iVotronic printer; S274.43 per electronic pollbook; and S475.00 per M100 precinct ballot counter (election day only), The District's share of voting equipment costs will be determined on a pro rata basis, Leasing cost will be calculated once for the early voting period (excluding MI00 precinct ballot counters) and once for Election Day, if the County acquires additional equipment, different voting equipment, or upgrades existing equipment during the term of this Contract, the charge for the use of the equipment may be reset by the Williamson County Commissioners Court. 4. Flat Fee for Political Subdivisions of Less Than Three Precincts. Any political subdivision encompassing' three precincts or less will be charged a flat fee of $2,000.to administer its election, B, Partial Payment The District agrees io pay the Contracting Officer $19,832 (67% of the S29,600 estimated cost) no later than the 506 day before the election, to cover a portion of the estimated projected• s lure of election costs. As soon as reasonably possible alter Election Day, the Contracting Officer will submit an itemized invoice (properly supported by time sheets, invoices, and receipts, as applicable) to the District for the actual expenses directly attributable to the services provided to the District hereunder, EA i r "E" C, Final Payment, In the event the actual election costs exceed the District's partial payment, the difference between fne actual costs and the partial payment will be paid by the District within 30 days after receiving an itemized invoice from the Contracting Officer, Payment shall be made by check payable to WILLIAMSOty COUNTY and mailed to: Rick Barron Elections Administrator POBox 209 Georgetown, TX 78627-0209 Any monies remaining after the payment of all costs of elections bills shall be the property of the District and returned to it If the District disputes my portion of the invoice, the District shall pay the undisputed portion of the invoice, and the parties well discuss in good faith a resolution of the disputed portion. Payments made by the District in meeting its obligations under this Contract shall be made from current revenue fiords available to the governing body of the District, V. TERN AD/ TERMINATION A. Initial Term. The initial term of this Contract shall commence upon the last patty's execution hereof and shall continue thereafter in full force and effect for one year, subject to the termination rights set forth herein.. B. Renewal Subject to the termination rights set forth herein. this Contract shall automatically renew for five additional one-year tem. C. Termination for Convenience. Either party may terminate this Contract for convenience and without cause or further liability upon thirty (30) business day's written notice to the other party, In the event of termination, it is understood and agreed that only the amounts due to Contracting Officer for seniors provided and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for either party's terrniaation of this Contract for convenience, D. Termination for Cause, If either party commits an Event of Breach (a breach of any of the covenants, terms, andlor conditions of this Contract), the non•breaching party shall deliver written notice of such Event Of Breach to the breaching party. Such notice must specify the nature of the Event of Breach and infomr the breaching party that unless the Event of Breach is cured within tluee (3) business days of receipt of the notice; additional steps may betaken to terminate this Contract. If the breaching party begins a good faith attempt to cure the Event of Breach within three (3) business days, then and in that instance, the three (3) business day period may be extended by the non -breaching party, so long as the breaching party continues to prosecute a cure diligently to completion and continues to make a good faith attempt to cure the Event of Breach, lt, in the opinion of the non•breachine ply, the breaching party does not cure the breach within three (3) business days or otherwise fails to make any diligent attempt to correct the Event of Breach, the breaching party shall be deemed to be in breach and the non•breaching party may, in addition to seelmtgthe remedies available hereunder and under the late, terminate this Contract, VI, COt4DHINICATIONS A. The District and the Elation Officer shall each designate a member of their staff to serve as the primary contact for the respective offices under this Contract and provide the name and contact information for that individual to each entity. 6 FX4113vT " B. Throughout the term of this Contract, the District and the County will engage in ongoing communications issues related to District elections, the use of County's voting equipment, and the delivery' of services under this Contract and, when necessary, the County Clerk, elections division staff members, and other election workers shall meet with the District to discuss and resolve any problems which might arise under this Contract. C, The Election Officer shall be the main point of media contact for election information Sated to election administration, The District shall designate a contact to be the main point of contact for matters related to the content of the District's ballot or candidates. VII, GENERA, PROVISIONS A. Nontransferable Ftmctions, In accordance wita §31,096 of the Texas Election Code, nothing in this Contract shall be construed as ehanging: I. the authority with whom applications of candidates for a place on the ballot are filed; 2, the authority with whom documents relating to political funds and campaigns under Title 15 of the Texas Election Code are filed; or 3. the authority to sere as custodian of election records, except that the Contracting Officer, will serve as the custodian of voted ballots as set forth in §ILP above. B. Cancellation of Election. If tae District cancels its election pursuant to §2.053 of the Texas Election Code, the Contracting Officer shall only be entitled to receive the actual expenses incurred before the date of cancellation in connection with the election and a cancellation fee of S50. The Contracting Officer shall submit an invoice for such expenses (properly supported as described in Article IV above) as soon as reasonably possible after the cancellation and the District shall make payment therefore in a mariner similar to that set forth in kticle IV above, The Contracting Officer agrees to use reasonable diligence not to incur major costs in connection with election preparations until it is ]mown that the election will be held, unless the District authorizes such major costs Unveiling. C, Contract Copier to Treasurer and Auditor. In accordance with §31.099 of the Texas Election Code, the Contracting Officer agrees to file copies of this Contact with the County Treasurer of Williamson County, Texas and the County Auditor of Williamson County, Texas, D. Representatives, For purposes of implementing this Contract and coordinating activities hereunder, the District and the Contacting Officer designate the following individuals, and whenever the contract requires submission of information or documents or notice to the District or the Contacting Officer, respectively, submission or notice shall be to these individuals: For the District. Jessica&milts Assistant City Secretary. City of Georgetown P.O. Box 409 Georgian, TX 78627.0409 Tel: (512) 93(3651 For the Contracting Officer: Rick Barron Elections Administrator Williamsoa.County POBox 209 Georgetmm, TX 78627 Tel: (512) 943.1622 E. Amendment/Modification. Except as otherwise provided, this Contract may not be amended, modified, or changed in any respect whatsoever, except in writing; duly executed by 7 ?N la «P the parties hereto. >:o official, representative; agent, or employee of Williamson County has any authority to modify this Contract excepi pursuant to such expressed authorization as may be granted by the Commissioners Court of Williamson County, Texas. No official, representative, agent, or employee of die District has any authority io modify this Contract except pursuant io such expressed authoriation as may be gained by the governing body of the District. Both the Contracting Officer and the District may propose necessary' amendments or modifications to this Contract in writing in order 10 conduct the Election smoothly and efficiently, except that any such proposals must be approved by the Contracting Officer and the governing body of the Disttict or its authorized agent, respectively, F. Relationship of the Parties. Each party to this Contract, in the performance of this Contract, shall actin anindividual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agentsof one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. G, 5everabilittt If any provision of this Contract is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or tmenforeeability shall not affect the remaining provisions of this Contract; and, parties to this Contract shall perform their obligations under this Contract in accordance with the intent of the parties to this Contract as expressed in the terms and provisions of this Contract. E, Hard Pony Beneficiaries, Except as othensose provided herein, nothing in this Contract, expressed or implied, is intended to confer upon any person, other than the parties hereto, any benefiiis, rights or remedies under or by reason of this Contract. I. Entire Agreement, This Contract contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and supersedes all prim agreements, including prior election services contracts and prior agreements to conduct joint elections. Airy prior agreements, promises, negotiations, or representations not expressly contained in this Contract are of no force and effect, Any oral representations or modifications concerning this Contract shall be of no force or effect, excepting a subsequent modification in writing as provided herein. EMIT "E" 4/ WITNESS BY MY HAND THIS THE DAY OF fro ,20C COMACTIN LFFICER: RickBarton, E do Administrator Williamson City, xas I 4 itNESS BY MY HAND THIS THE 11" DAY OF jd , ATTEST: 9 THE DISTRICT: Name. of .0(1 By: Printed Name: GeCi T (T y'arcer ORicialCapacity: Mat\ rr MITT' JOINT ELECTION AGREEMENT (WTLLIAIISON COUNTY PARTICIPATING ENTITIES) WHEREAS, the undersigned political subdivisions, collectively referred to hereinafter as the "Participating Entities", will each hold an election on May 8 2010; and WHEREAS, each of the Participating Entities (i) is located partially or entirely within Williamson County. Texas (the "County"), and (ii) shares an election precinct with at least one other ParticipalingEntity; and WHEREAS, the County has contracted or is contracting -with each Participating Entity to conduct and provide election services for such Participating Entity's May 8, 2010 election; and WHEREAS, the Participating Entities all desire to enter into a joint election agreement for the purpose of sharing election equipment, costs, election officials. and sharing precinct polling locations, and election ballots where appropriate; and WHEREAS, the Participating Entities desire to define and establish some specific details of this agreement, if applicable, and attach those details hereto in ATTACFMEATA. NOW, THEREFORE, the Participating Entities agree as follows: I. Scope of,Joint Election Agreement The Participating Entities enter this Joint Election Agreement ("Agreement`) for the conduct of the elections to be on May 8, 2010. H. Appoint Election Officer The Participating Entities appoint Rick Barron; Williamson County Elections Administrator, to serve as the Election Officer for each Participating Entity in order to perform and supen ise the duties and responsibilities of the Election Officer for the 8 May 2010. election, Hh Early Voting and Election Day Election -day voting shall be held in common precincts where appropriate at the dates, times, and locations recommended by the Election Officer and authorized and ordered by the governing body of each Participating Entity. EXHII3lt if" IV, }Miscellaneous Provisions 1, This ,Agreement becomes effective upon execution by all Participating Entities. The obligations of the Agreement will continue as to each Participating Entity until each Participating Entity has made full payment of its share of election costs under this Agreement and other agreements related to Ivlay fi; 2019 election. 2. Notice under this Agreement must be in writing and may be affected by personal delivery or by certified mail to the Paiiicipating Entities at the addresses set forth on the signature pages hereto. 3, This Agreement may not be amended or modified except in writing executed by each Participating Entity, 4, The obligations under this Agreement are performable in Williamson County, Texas. 5. Venue for any dispute arising under this Agreement shall be in Williamson County, Texas, This Agreement shall be govemed by and construed in accordance with the lases of the State of Texas and the United States of America. 6. If any provision of this Agreement is found to be invalid; illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Agreement; and the Participating Entities shall perform their obligations under this Agreement as expressed in the terms and provisions of this Agreement, IN WITNESS WHEREOF, this Agreement is executed on the dates set forth below to beeffective the _day of ,2010. W°ILLIAMSON COUNTY, TEXAS Bv: Name: Title: Date: COLVERPART SIGNATURE JOINT ELECTION AGREEMENT' (WILLIAMSON COUNTY ENTITIES) Br Name: Title: Date: Ofl IVT th ' ATTACHMENT "A" Williamson County and the Elections Administrator will notify the City Council of any polling location changes as well as the dates and times thereof so that they can be approved by the City Council. For May 2009; the City had an Election for District 1 and was billed $I 424 based on registered voters out of 5245,385 total election costs, The District 5 election was cancelled due to only one candidate running for the Position, For 2010, the City will have an Election for Districts 3, 4 and 1. The estimate for billing purposes will be based on the number of precincts in Districts 3, 4 and 7, Nevertheless, for final billing purposes, it will be based on registered voters. This provision supersedes any conflicting provisions in the Contract for Election Services between the City of Georgetown and the Elections Administrator of Williamson County. Concurred; Elections Administrator Rick Barron "G u EARLY VOTING SCHEDULE JOINT GENERAL AND SPECIAL ELECTIONS MAY 8, 2010 DATES AND TIMES FOR FULL•TIME LOCATIONS: Monday, AprIT 26 through Saturday, May 1 8:00 a.m. fo 6:00 p.m. No Sunday voting Monday, May 3 and Tuesday, May 4 7:00 am to 7:00 pm FULL•TIME LOCATIONS: Main location: Williamson County Inner loop Annex, 301 SE Inner Loop, Georgetown, TX Branch Locations: Parks and Recreation Admin, 8idg„ 1101 N. College, Georgetown, TX Sun City Social Center, 2 Texas Dr„ Georgetown, TX McConico Building, 301 W. Bagdad St., Round Rock, TX Kinningham Park,1000 South Creek Dr., Round Rock, TX Brushy Creek Community Center,16318 Great Oaks Dr., Round Rock, TX Anderson Mill limited District 11500 H Salido Pkwy, Austin, TX Cedar Park Public library, 550 Discovery Blvd., Cedar Park, TX Cedar Park Randalls,140C Cypress Creek Rd„ Cedar Park, TX Pat Bryson Municipal Hall, 201 N. Brushy, Leander, TX Taylor City Hall, 400 Porter Sf., Taylor, TX Hutto City Hall, 401441, front St, Hutto, TX Round Rock ISD Performing Arts Center, 5800 McNeil. Dr„ Austin, TX MOBILE • TEMPORARY LOCATIONS Florence VFD, 301 S. Patferson, Florence, TX Seton Medical Center Williamson, 201 Sefon Pkwy, Round Rock, TX Granger City Hat, 214 E. Davilla, Granger, TX Thrall VFD, 201 S. Main St„ Thrall, TX Jarrell Memorial Park,1651 CR 305, Jarrell, TX Liberty Hill City Hall, 2801 RR 1869, Liberty Hill, TX May 4 Tuesday May Monday Hours for voting at the MobileTemporary locations are from 10:00 am to 6:00 pm., Sub/eat to Change PDFConvert,2676.1,PreliminaryEVschedule May 2010 Subject tochangedoc Pagel of 2 11i4ir Georgetown City Predncts Joint General and Spedal Election Subject to change May 8, 2010 May 8, 2010 Preliminary E Precinct - Location , ..�----.,..,. Address City State 142, 314, 357, 367 *First United Methodist Church 410 E University Ave Georgetown TX 149 °484 Caldwell Heights Elementary School 4010 Eagles Nest St Round Rock TX 301, 302.332; 371, 379 Georgetown ISD Admn. Bldg, 603 Lakeway Dr, Georgetovm TX 305, 392, 395 Jo Ann Ford Elementary School 210 Woodake Dr, Georgetown TX 168, 308, 369, 370 County Central Maintenance Fadlity 3151 SE Inner Loop Georgetown TX 312, 330 Jarrell Memorial Park (Community Bldg.) 1651 CR 305 Jarrell TX 3431 345 First Baptist Church 1333 W, University Ave, Georgetown TX 381, 394, 396, 399 Sun City Sodal Center 2Tevas Dr. Georgetown TX `We have moved from this location so voting may take place at the San Gabdd Community Center "484 has 5 registered voters in Gin City