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HomeMy WebLinkAboutRES 081313-Y - Election Vacancy Dist 2RESOLUTION NO. ©S 13 ; 3 -Y A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A SPECIAL ELECTION TO FILL A VACANCY OF A CITY COUNCIL MEMBER FOR COUNCIL DISTRICT 2 IN GEORGETOWN, TEXAS TO BE HELD ON NOVEMBER 5, 2013, ORDERING A RUN-OFF ELECTION, IF NECESSARY, AND ESTABLISHING PROCEDURES FOR SAID ELECTION. 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 serve three year terms, and WHEREAS, the Mayor and Council members are composed of the following individuals with terms as delineated as follows: OFFICE MAYOR GARVER DISTRICT 1 COUNCIL MEMBER EASON DISTRICT 2 VACANCY DISTRICT 3 COUNCIL MEMBER HESSER DISTRICT 4 COUNCIL MEMBER FOUGHT DISTRICT 5 COUNCIL MEMBER HAMMERLUN DISTRICT 6 COUNCIL MEMBER JONROWE DISTRICT 7 COUNCIL MEMBER GONZALEZ Resolution Number: !'} 81 Si 3 a Ordering November 2013 Special Election for District 2 Date Approved: August, 13 2013 DATE THAT TERM EXPIRES MAY 2014 MAY 2015 MAY 2014 MAY 2016 MAY 2016 MAY 2015 MAY 2014 MAY 2016 WHEREAS, the Council member for District 2 submitted a letter of resignation which was officially accepted by the governing body of the City of Georgetown at their July 23, 2013 City Council meeting, and WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that when a vacancy occurs in the Council, the vacancy shall be filled at a special election called for this purpose within 120 days after the vacancy occurs; and WHEREAS, on Tuesday, November 5, 2013, within 120 days of the vacancy for Council District 2, there shall be a Special Election at which shall be elected the following officials for this City: One (1) Member of the Georgetown City Council from Single - Member District 2, 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 voting places for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE 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 special election shall be held to elect a Councilmember for City of Georgetown Single -Member District 2. A copy of the map of City of Georgetown Single -Member District 2 is attached to this Resolution as Exhibit "A." The District 2 Map is hereby adopted as the Official City Council Single -Member District 2 Map and shall determine the qualification of the candidates to serve and shall govern the qualification of the voters to vote in said election. SECTION 3. CANDIDATE APPLICATION DEADLINE AND ORDER OF NAMES ON BALLOT Resolution Number: 0'%3 J3 Y Ordering November 2013 Special Election for District 2 Date Approved: August, 13 201.3 All candidates for the election to be held on the first Tuesday in November, 2013 for the Council member for Districts 2 shall file their applications with the City Secretary at City Hall, 113 E. 8th Street, Georgetown, Texas, on or before 5:00 p.m. on Wednesday, September 4, 2013. The City Secretary's Office will be available to receive applications on Wednesday, August 14, 2013. 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 Friday, September 6, 2013 at 4:00 p.m.. in the Main Floor Foyer at City Hall, 113 E. 81h Street, Georgetown, Texas. SECTION 4. POSSIBLE RUN-OFF ELECTION As provided in the City Charter, in the event that no candidate can be declared the winner in any of all of the individualraces to be conducted in the Special 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 November 5, 2013 Election. 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 5. OPTICAL SCAN BALLOTS Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code, and there shall 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 Special 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 "B". Chapter 31, Subchapter D of the Texas Election Code provides that a city may contract with the County Elections Officer for election services if the city is located in whole or in part inthe county. In addition, this will be a joint election conducted with other entities that will also hold an election November 5, 2013 Resolution Number: g 3) 3 r Y Ordering November 2013 Special Election for District 2 Date Approved: August, 13 2013 pursuant to the Joint Election Agreement, the form of which is attached hereto and labeled as Exhibit "C." As authorized by Chapter 31, Subchapter D of the Texas Election Code, the Georgetown City Council hereby appoints the Williamson County Elections Administrator, 301 Inner Loop, Suite 104, Georgetown, Texas 78626, as the election officer for the purpose of conducting the November 5, 2013 Special 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 as agent for the Custodian of Records ("Agent') for the November 5, 2013 Special 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 vote center locations as shown on Exhibit "D". Unless otherwise noted on Exhibit 'D", each location will remain open from 7.00 a.m. to 7:00 p.m. beginning on the 15th day preceding the date of the election, which is Monday, October 21, 2013, and ending on the fourth day before Election Day, which is Friday, November 1, 2013. SECTION 8. ELECTION DAY VOTING Election Day Voting shall take place from 7:00 a.m. to 7:00 p.m. at the vote center locations shown on Exhibit "E '. 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 Special 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 having the need of an individual capable of acting as a Resolution Number: 01 1 r~ Ordering November 2013 Special Election for District 2 Date Approved: August, 13 2013 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 between Wednesday, November 13 2013 (811 day after Election Day) and Monday November 18, 2013 (13thh day after Election Day) and declare the results of the Special Electionin accordance with the Texas Election Code Section 67.003. SECTION 11. NOTICE OF ELECTION Notice of the Special Election shall be published at least 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 Special Election (Sunday, October 6, 2013 through Monday, October 28, 2013) and as otherwise may be required by the Texas Election Code. Notice of the Special Election shall also be posted on the bulletin board used by the City Council to post notices of its City Council meetings no later than the 215t day (October 15, 2013) before the Special 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 this Resolution 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 Special Election. 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. Resolution. Number: 3 2 i 31 s-Y Ordering November 2013 Special Election for District 2 Date Approved: August, 13, 201.3 Exhibit List: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E RESOLVED this Boundaries of Council District 2 Election Services Agreement Joint Election Agreement Early Voting Locations Election Day Voting Locations day of N( t,A S" , 2013. THE CITY OF GEORGETOWN: By: Ge ge G. Garver, Mayor APPROVED AS TO FORM: Al lEST: Jess Resolution Number: 0 81 1 3-y Ordering November 2013 Special Election for District 2 Date Approved: August, 13 201.3 ettle, City Secretary CONTRACT FOR ELECTION SERVICES THIS CONTRACT FOR ELECTION SERVICES (this "Contract") is made and entered into by and between the ELECTIONS ADMINISTRATOR OF WILLIAMSON COUNTY, TEXAS("Contracting Officer"), and the entity set forth on the signature page of this Contract(the "District"), pursuant to the authority under §31 092(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 a contract setting out the respective responsibilities of the parties; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties to this Contract agree as follows with respect to the coordination, supervision, and running of the Election: I. PURPOSE; SCOPE; APPOINTMENT. A. The purpose of this Contract is to maintain consistency and accessibility in voting practices, polling places, and election procedures in order to best assist the voters of the District. For purposes of this Contract, the term "Election" will include any resulting recount, or election contest. If a run-off is necessary, the District will work with the Contracting Officer to determine a mutually acceptable run-off 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 all areas in which the District is located. As District's Election Officer and Early Voting Clerk, the Contracting Officer will coordinate, supervise, and conduct all aspects of administering voting in connection with the Election in compliance with all applicable law, except as otherwise provided in this Contract. IL 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 Alternate Judges. 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 Election Day. District acknowledges that the information provided may not be final or complete. 1 C. Notification to Presiding and Alternate Judges; Appointment of Clerks. 1. 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 Contracting Officer shall notify each of the election judges and alternates of their appointment and to the selection of Election Day clerks Included 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 Contracting Officer appoints a judge after 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 determine the number of clerks to work on the Balloting Board and any central tabulation stations. D. Contracting with Third Parties. In accordance with §31.098 of the 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 Contracting 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 and provisional voting. 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. 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 voting) the following election supplies: election kits (including the appropriate envelopes, sample ballots, lists, forms name tags, posters, and signage described in Chapters 51, 61, and 62, and Subchapter B of Chapter 66 of the Texas Election Code), pens, pencils, tape, markers, paper clips, ballot box seals, sample ballots, tacks, and all consumable -type office supplies necessary to hold an election. G. Registered Voter List. 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 Contracting Officer shall provide, at each polling location, at least one voting station with a voting system that: (1) fully complies with applicable law relating to accessible voting systems which make voting accessible for disabled voters; and (ii) provides a practical and effective means for voters with physical disabilities to cast a secret ballot. 1. Precinct Ballot Counters and Transport Bags. The Contracting Officer shall make available for use in the election the appropriate number of Williamson County -owned precinct ballot counters and transport bags to carry election supplies. The precinct ballot counters and transport bags will be returned to the Contracting Officer at the conclusion of the election. The Contracting Officer shall deliver the precinct ballot counters (M140s) 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 voting) and 2 days before Election Day (for Election Day voting) at 301 SE Inner Loop, Georgetown, Texas 78626 and shall notify each presiding judge 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 III.C. below. Without limiting the foregoing, the Contracting Officer will be responsible for the programming of the direct recording electronic voting devices (referred to as DREs) 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 §§31.096 and 31.097(b) of the Texas Election Code, the Contracting Officer will serve as Early Voting Clerk for the District's elections. 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. EarIy voting by personal appearance for the election shall be conducted during the hours and time period and at the locations as determined 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 Contracting Officer or his deputies at 301 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 Loop, 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. 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, including ensuring that each polling location has the necessary tables, chairs, and voting booths. The District understands 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 auspices of the Contracting Officer, and will, thereafter, transport all election records to the Contracting Officer. N. Manual Counting. The Contracting Officer shall conduct a manual count as prescribed by §127 201 of the Texas Election Code and submit a written report to the District in a timely manner. The Secretary of State may waive this requirement If applicable, a written report shall be submitted to the Secretary of State as required by § 127.201(E) of the aforementioned code. O. Electron Reports. The Contracting Officer shall prepare the unofficial tabulation of precinct results under §66.056(a) of the Texas Election Code and provide a copy of the tabulation to the District as soon as possible after the Contracting Officer has received the precinct returns on election night. If the District is located in both Williamson and Travis Counties, the Contracting Officer shall also provide a copy of the tabulation to the Travis County Central Counting Station, if requested, 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 in accordance with Chapter 66 of the Texas Election Code and other applicable law. After complying with the retention period, the Contracting Officer shall forward election material, including voted ballots, to the District, if requested Q. Schedule for Performance of Services. The Contracting Officer will perform all election services in accordance and compliance with the time requirements set out in the Texas Election Code. R. Compensation of Election Workers. The Contracting Officer will compensate all election workers, including Election Day and early voting judges, clerks, deputies and other workers, as applicable, and judges for election night and early voting returns, in accordance with the Contracting Officer's established compensation policies. S. Pre -Clearance. The District shall be individually responsible for obtaining appropriate pre -clearance if necessary, from the United States Department of Justice. The Contracting Officer will provide the District with information on changes affecting the District's election, such as polling place changes and changes in voting equipment, when such changes are confirmed, verified or otherwise become known to him or his office. III. RESPONSIBILITIES OF THE DISTRICT. The District shall assume the following responsibilities: A. Applications for Mail 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, Election 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 governing 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 Text. The District 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 4 manner in which the candidates' names and the propositions are to appear on the official ballot. The District shall also provide approval once the Contracting Officer submits it for review by e- mail or by signature in person. D. Custodian of Records. The Contracting Officer will serve as the custodian of voted ballots as set forth in Section II.P above. The Distract will be responsible for having a District representative serve as the custodian of allother election records E. Annual Voting Report. The District will be responsible for filing its annual voting system report to the Secretary of State as required under Chapter 123 et seq. of the Texas Election Code. PAYMENT A. Charges. I.n consideration for the joint election services 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. I . Share of Election Costs. The District's share of election costs will be (1) a base fee of $1,000.00, (ii) plus a pro rata share of the total of all costs incurred by the Contracting Officer in connection with the administration of elections of other entities held at the same time as the Election. The sum of the base charges from all participating entities will be subtracted from the totalof all costs before allocating the remaining costs to each entity. Each entity's share of the remaining (allocated) costs will be determined as follows: The number of registered voters in each individual participating entity will be divided by the number of all registered voters of all participating entities to determine each entity's pro rata share expressed as a percentage, which will then be multiplied against each of the allocated costs (remaining costs after base charges are subtracted) as itemized on the final Total Cost report/invoice submitted to each District after the election The end result will be a charge to the District of $1,000.00 plus the District's allocated share of county -wide election costs not covered by the sum of all base fees received 2. Administrative Fee. The Contracting Officer will charge a fee equal to 10% of the District's actual share of the total costs of each Election in accordance with Section 31.100(d) of the Texas Election Code. 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 -owned voting equipment: • $309.50 per ADA iVotronic DRE; • $250.00 per iVotronic DRE; • $85 00 per iVotronic printer; • $274.43 per electronic potlbook; and • $475 00 per M 100 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 M100 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. 5 B. Partial Payment. The District agrees to pay the Contracting Officer the $1,000.00 base fee as part of the 67% deposit of the estimated cost no later than the 50th day before the election, to cover a portion of the estimated projected share of election costs. The Contracting Officer will provide an estimate in the form of an invoice as soon as possible after 60 days before Election Day. As soon as reasonably possible after 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. The deposit for each political subdivision will be based on educated estimate from elections in previous years. For May elections, the deposit will be based on a cost figure multiplied by the number of registered voters in the political subdivision. Before each May election, The Elections Department will send an estimate to the participating jurisdictions based on previous elections. For November elections, the projected estimate is based on the how many precincts the territory of the participating jurisdiction covers. After the number of jurisdictions is established, the Elections Department will send an estimate to each participating entity C. Final Payment. In the event the actual election costs exceed the District's partial payment, the difference between the 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 WILLIAMSON COUNTY and mailed to: Rick Barron Elections Administrator PO Box 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 any portion of the invoice, the District shall pay the undisputed portion of the invoice, and the parties will 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 funds available to the governing body of the District. V. TERM AND TERMINATION A. Initial Term. The initial term of this Contract shall commence upon the last party'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 terms. Should the District want more than five one-year terms, the District may submit the change to the Contracting Officer. 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 services 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 termination 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, and/or conditions of this Contract), the non -breaching party shall deliver 6 written notice of such Event of Breach to the breaching party. Such notice must specify the nature of the Event of Breach and inform the breaching party that unless the Event of Breach is cured within three (3) business days of receipt of the notice, additional steps may be taken 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. 1f, in the opinion of the non -breaching party, 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 seeking the remedies available hereunder and under the law, terminate this Contract. VI. COMMUNICATIONS A. The District and the Election 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. B. Throughout the term of this Contract, the District and the County will engage in ongoing communications related to District elections, the use of County's voting equipment, and the delivery of services under this Contract, 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 related 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. GENERAL PROVISIONS A. Nontransferable Functions. In accordance with §31.096 of the Texas Election Code, nothing in this Contract shall be construed as changing: 1. 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 serve as custodian of election records, except that the Contracting Officer, will serve as the custodian of voted ballots as set forth in §II.P above. B. Cancellation of Election. If the 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 $50. 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 manner similar to that set forth in Article IV above. The Contracting Officer agrees to use reasonable diligence not to incur major costs in connection with election preparations until it is known that the election will be held, unless the District authorizes such major costs in writing. 7 C. Contract Copies to Treasurer and Auditor. In accordance with §31.099 of the Texas Election Code, the Contracting Officer agrees to file copies of this Contract 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 Contracting Officer designate the following individuals, and whenever the contract requires submission of information or documents or notice to the District or the Contracting Officer respectively, submission or notice shall be to these individuals: For the District: For the Contracting Officer: Jessica Brettle City Secretary City of Georgetown PO Box 409 Georgetown, TX 78627 Tel: (512) 930-3652 Rick Barron Elections Administrator Williamson County PO Box 209 Georgetown, 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 the parties hereto. No official, representative, agent, or employee of Williamson County has any authority to modify this Contract except pursuant to such expressed authorization as may be granted by the Commissioners Court of Williamson County, Texas. No official, representative, agent, or employee of the District has any authority to modify this Contract except pursuant to such expressed authorization as may be granted 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 to conduct the Election smoothly and efficiently, except that any such proposals must be approved by the Contracting Officer and the governing body of the District or its authorized agent, respectively F. Relationship of the Parties. Each party to this Contract, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. G. Severability. If any provision of this Contract 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 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. H. Third Party Beneficiaries. Except as otherwise provided herein, nothing in this Contract, expressed or implied, is intended to confer upon any person, other than the parties hereto, any benefits 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 prior agreements, including prior election services contracts and prior agreements to conduct joint elections. Any 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. WITNESS BY MY HAND THIS THE DAY OF +ip^ f ,20(3 . CONTRACTIN ! O'. FICER: Rick : 5rron, Electio s Administrator Will rnson County, as WITNESS BY MY HAND THIS THE I Q DAY OF THE DISTRICT: City of Georgetown, Te By Printed Name Official Capacity: 9 JOINT ELECTION AGREEMENT (WILLIAMSON COUNTY PARTICIPATING ENTITIES) WHEREAS, the undersigned political subdivisions, collectively referred to hereinafter as the "Participating Entities", will each hold an election(s) from the date of execution through the renewal terms of the associated Election Services Contract executed between the countersigning District and the Contracting Officer; 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 Ieast one other Participating Entity, and WHEREAS, the County has contracted or is contracting with each Participating Entity to conduct and provide election services for such Participating Entity's election from the date of execution through the renewal terms of the associated Election Services Contract executed between the countersigning District and the Contracting Officer; 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. 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 held from the date of execution through the renewal terms of the associated Election Services Contract executed between the countersigning District and the Contracting Officer. II. Appoint Election Officer The Participating Entities appoint the Williamson County Elections Administrator to serve as the Election Officer for each Participating Entity in order to perform and supervise the duties and responsibilities of the Election Officer for any election from the date of execution through the renewal terms of the associated Election Services Contract executed between the countersigning District and the Contracting Officer. III. Early Voting and Election Day Early Voting in Person and 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. 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 elections from the date of execution through the renewal terms of the associated Election Services Contract executed between the countersigning District and the Contracting Officer. In the event any of the Participating Entities cancels its election in accordance with Section 2.053 of the Texas Election Code, then this Agreement shall terminate as to such entity upon receipt by the Williamson County Elections Administrator of notice of cancellation of the election. 2. Notice under this Agreement must be in writing and may be affected by personal delivery or by certified mail to the Participating 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 governed by and construed in accordance with the laws 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, the Agreement is executed on the dates set forth below to be effective the J gday of , 2013. WILLIAMSON COUNTY, TEXAS By: Name: Title: Date: COUNTERPART SIGNATURE JOINT ELECTION AGREEMENT (WILLIAMSON COUNTY ENTITIES) CITY OF GEORGETOWN, TEXAS By: !.,w Name- GearSt & . Title: NAlt„ ©r Date: 1t OI J Williamson County Early Voting Schedule Horario de la Votacion Adelantada del Condado de Williamson Constitutional Amendments and Special Elections -- November 5, 2013 Eleccion de Enmiendas Constitucionales y Especiales —5 de Noviembre del 2013 Dates and Times for Full -Time Locations: Fechas y horarios para localidades de tiempo completo Monday, October 21 through Wednesday, October 30 Del Lunes 24 de octubre al Miercoles 30 de octubre No Sunday Voting Domingo NO habra votacion Thursday, October 31 and Friday, November 1 Jueves 31 de octubre y Viernes 1 de noviembre Main Location- Localidad Central: Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown Branch Locations - Otras localidades: Parks & Recreation Administration Bldg., 1101 N. College St., Georgetown Cowan Creek Amenity Center, 1433 Cool Springs Way, Georgetown Baca Senior Center, 303 W. Bagdad St., Round Rock Round Rock Randal's, 2051 Gattis School Rd., Round Rock Brushy Creek Community Center, 16318 Great Oaks Dr., Round Rock JB and Hattie Jester Annex, 1801 E. Old Settlers Blvd., Round Rock Anderson Mil Limited District, 11500 El Salido Pkwy., Austin Cedar Park Public Library, 550 Discovery Blvd., Cedar Park Cedar Park Randalls, 1400 Cypress Creek Rd., Cedar Park Pat Bryson Municipal Hall, 201 N. Brushy St., Leander Taylor City Hall, 400 Porter St., Taylor 8:00am--6:00pm 7:00am--7:00pm Vote Center Locations Williamson County Constitutional Amendments and Special Elections November 5, 2013 CITY Location Address City AUSTIN Bethany United Methodist Church Austin 10010 Anderson Mill Rd 12463 Los Indios Trail Austin Clairmont Retirement Comm. 10211 W Parmer Lane Austin Kelly Reeves Athletic Complex La Quinta Inn & Suites 10701 Lakeline Mall Dr Austin Lord of Life Lutheran Church 9700 Neenah Ave Austin Northwest Fellowship 13427 Pond Springs Rd Austin 7617 Elkhorn Mountain Trail Austin Rattan Creek Park Comm. Center BARTLETT Holy Temple Church of God Bartlett 441 S Dalton (101 E. Elm Ave) CEDAR PARK Cedar Park City Hall 450 Cypress Creek Rd Bldg 3 Cedar Park Cedar Park High School 2150 Cypress Creek Rd Cedar Park Cedar Park Library 550 Discovery Blvd Cedar Park Cedar Park Recreation Center 1435 Main St Town Center Cedar Park Highland Estates IRL 1500 N Lakeline Blvd Cedar Park Holiday Inn Express 1605 E Whitestone Blvd Cedar Park Vista Ridge HS PAC 200 S Vista Ridge Blvd Leander COUPLAND Coupland School 620 S Commerce St Coupland 6600 FM 970, Andice Florence FLORENCE Andice Comm. Center Florence City Hall 106 S Patterson Ave Florence GEORGETOWN County Central Maintenance Facility 3151 SE Inner Loop Georgetown Cowan Creek Amenity Center 1433 Cool Springs Way Georgetown Estrella Oaks Rehab & Care Georgetown 4011 Williams Dr First Baptist Church 1333 W University Ave Georgetown Georgetown Airport - Terminal Bldg 500 Terminal Dr Georgetown GISD Administration Bldg 603 Lakeway Dr Georgetown LaQuinta Inn & Suites 333 N IH 35 Georgetown Main Street Ministry Center 111 W 10th St Georgetown San Gabriel Presbyterian Church 5404 Williams Dr Georgetown Sun City Social Center 2 Texas Dr Georgetown The Caring Place Annex 2001 Railroad St Georgetown GRANGER SPJST Hall 114 W. Davilla St Granger HUTTO Hutto City Hall 401 W Front St Hutto Hutto Middle School 1005 Exchange Blvd Hutto 1651 CR 305 Jarrell JARRELL Jarrell Memorial Park Comm. Cntr LEANDER Leander Church of Christ 300 Crystal Falls Parkway Leander Leander High School 3301 S Bagdad Rd Leander Leander Public Library 1011 S Bagdad Rd Leander Pat Bryson Municipal Hall 201 N Brushy St Leander Rouse High School 1501 CR 271 Leander The Ridge Fellowship 8754 RR 2243 Leander LIBERTY HILL Liberty Hill High School 16500 W SH 29 Liberty Hill Vote Center Locations Williamson County Constitutional Amendments and Special Elections November 5, 2013 CITY Location Address City ROUND ROCK Baca Senior Center 301 W Bagdad Ave Round Rock 1009 N Georgetown Ave Round Rock Bluebonnet Trail Comm. Services 16318 Great Oaks Dr Round Rock Brushy Creek Comm. Center 1812 N Mays St Round Rock CHASCO Family YMCA 7320 Wyoming Springs Rd Round Rock Fern Bluff MUD Comm. Center Hilton Garden Inn 2310 N IH 35 (behind Chuy's) Round Rock JB & Hallie Jester Annex 1801 E Old Settlers Blvd Round Rock Round Rock High School 300 N Lake Creek Dr Round Rock Round Rock Presbyterian Church 4010 Sam Bass Rd Round Rock Sleep Inn & Suites 1980 South IH 35 (Ex 251 McNeil Rd) Round Rock 4211 Teravista Club Dr Round Rock Teravista Comm. Center Cedar Ridge High School 2801 Gattis School Rd Round Rock 3400 E. Palm Valley Blvd Round Rock Dell Diamond Heritage Center Faith Baptist Church 3625 Gattis School Rd Round Rock San Gabriel Rehab & Care 4100 College Park Dr Round Rock TAYLOR Taylor City Hall 400 Porter St Taylor Taylor Public Library 801 Vance St Taylor Main Street Events Center 3101 North Main St Taylor THRALL Thrall VFD 201 S Main St Thrall WEIR First Baptist Church of Weir 315 FM 1105 Weir subject to change