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2010R04-Contract for Election AgreementRESOLUTION NO. 10-R-04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING A JOINT ELECTION WITH THE CITY OF SCHERTZ, THE CITY OF CIBOLO AND SCHERTZ- CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT (SCUCISD) AUTHORITY TO BE HELD ON MAY 8, 2010 FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCILMEMBERS FOR PLACE 1, PLACE 2 AND FOR THE ONE-YEAR EXPIRED TERM OF COUNCILMEMBER PLACE 4 FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION; CONTRACTING WITH THE ELECTIONS ADMINISTRATOR OF GUADALUPE COUNTY TO CONDUCT THIS ELECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. An election shall held on May 8, 2010 in and throughout the City of Schertz, Texas (the "City"), for the purpose of electing a Mayor and Council Places 1 and 2, which are currently held by Hal Baldwin -Mayor, Place 1 -Councilmember Jim Fowler, and Place 2 -Councilmember David Scagliola. The City will also be conducting a Special Election to fill the vacancy in Council Place 4 -one year unexpired term. SECTION 2. The City will hold a joint election with the Schertz-Cibolo-Universal City Independent School District (the "District") and the City of Cibolo provided pursuant to the provisions of a joint election agreement between the City of Schertz, the SCUC Independent School District, and the City of Cibolo adopted in accordance with the provisions of Section 271.002, as amended, Texas Election Code (the "Code"). SECTION 3. The City will enter into an agreement with the Elections Administrator of Guadalupe County (the "Guadalupe County Elections Administrator") to conduct all aspects of this election. SECTION 4. At said election, the candidate receiving the most votes for Mayor, Councilmember's Place 1, Place 2, respectively, is declared elected for a term to expire in May 2012, and the candidate receiving the most votes for Councilmember Place 4 unexpired term, respectively, is declared elected for a term to expire in May 2011. Any candidate desiring to have his or her name on the Official Ballot for said election shall, no sooner than February 6, 2010 and no later than March 8, 2010, file with the City Secretary an application in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring as a 45867374.1 candidate for Mayor and Councilmembers for Place 1, Place 2, or Place 4. Any person failing to file said written application for candidacy by the time aforesaid shall not be entitled to have his or her name printed on the Official Ballot. The name of all eligible candidates whose applications have been duly and timely filed shall be placed on the ballot pursuant to a drawing as provided bylaw. SECTION 5. Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen machines shall be used for early voting and election day voting by personal appearance. Certain early voting may be conducted by mail. The Guadalupe County Elections Administrator shall also utilize a Central Counting Station (the "Station") as provided by Section 127.001, et seq., as amended, Texas Election Code. Guadalupe County Administrator, Sue Basham will serve as Early Voting Clerk and will appoint the Election Judges and Clerks for each station location, and establish a written plan for the orderly operation of the Station locations in accordance with the provisions of the Texas Election Code. The Guadalupe County Elections Administrator will appoint the Tabulation Supervisor which will also serve as the Programmer for the Stations. Lastly, the Guadalupe County Elections Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Stations and conduct instruction for the officials and clerks for the Stations in accordance with the provisions of the Texas Election Code. SECTION 6. The City election precincts established for this election shall be the precincts named on Exhibit A attached hereto. A list of the City election precincts and the polling places designated for each such election precinct are identified on Exhibit A to this Resolution, and this Exhibit is incorporated by reference for all purposes. At least 63 days prior to the scheduled election date, the Council, in coordination with the Guadalupe County Elections Administrator, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for this election. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. The election shall be held in the Schertz Community Center, Bldg. 3, 1400 Schertz Parkway, Schertz, Texas 78154 as prescribed by applicable law and on the day of the election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is hereby designated as the main early voting place at which early voting shall be conducted. Sue Basham, the Elections Administrator of Guadalupe County (whose mailing address is Post Office Box 1346, Seguin, Texas 78156) is hereby appointed as 45867374.1 the Early Voting Clerk to conduct such early voting in the election. The Early Voting Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code. Early voting shall be conducted at the main early voting place from April 26, 2010 through May 4, 2010, with the exception of Saturdays, Sundays, and official State holidays. The hours for early voting shall be from, and from 8:00 a.m. to 5:00 p.m., Monday, April 26, 2010 through Sunday May 2, 2010 and from 7:00 a.m. to 7:00 p.m. on May 3, 2010 and May 4, 2010 on all other early voting days. Applications for ballots by mail must be received by the Early Voting Clerk not later than the close of business on Apri130, 2010. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Sue Basham, Elections Administrator will appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 7. All resident qualified voters of the City shall be permitted to vote at the early voting location and on the day of the election, such voters shall vote at any one of the designated polling places. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes Annotated Chapter 1 of Title 22, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both English and Spanish. SECTION 8. A substantial copy of this Resolution shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at the City Hall not less than twenty-one (21) days prior to the date the election is to be held, and be published in a newspaper of general circulation in the City, not more than thirty (30) days, and not less than ten (10) full days prior to the day of the election. SECTION 9. The Council authorizes the Mayor, or his/her designee, to negotiate and enter into a joint election agreement with the Districts and the Authority in accordance with the provisions of the Texas Election Code. SECTION 10. The Council authorizes the Mayor, or his/her designee, to negotiate and enter into a contract with the Guadalupe County Elections Administrator to conduct the election in accordance with the provisions of the Texas Election Code. SECTION 11. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 12. All Resolutions and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordered herein. SECTION 13. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 14. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and 45867374.1 the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 15. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. SECTION 16. By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Resolution was first considered, the City Council has determined that action is required, and this Resolution is hereby adopted. PASSED, APPROVED AND ADOPTED on this the 19th day q'fJanuary, 2010. City of Schertz, Texas ATTEST: Brenda Dennis TRMC, CMC, City Secretary (SEAL OF CITY) 45867374.1 EXHIBIT A Early voting Location Guadalupe County Elections Office 1101 Elbel Road Schertz, Texas Monday, Apri126t" -Sunday, May 2"d 8:00 a.m. to 5:00 p.m. Monday, May 3rd -Tuesday, May 4t": 7:00 a.m. to 7:00 p.m. City Election Precinct Presidin Jg udge Alternate Jude Pollin Pg lace _ City of TO BE TO BE Schertz Community Center Schertz DETERMINED DETERMINED 1400 Schertz Parkway Building #3 Schertz, Texas 78154 45867374.1 THE STATE OF TEXAS } r ~' ~~~ ~,~~ :~f~ } ~ " ~' ~ t r COUNTY OF GUADALUPE} `.~~; ;.~ ~~ ;,~'~~'_ < ,!1 ~~ .. , ,tiL ~, ~ CONTRACT FOR ELECTION SERVICES THIS CONTRACT made by and between Guadalupe County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "County," and City of Schertz, hereinafter referred to as "Political Subdivision," pursuant to Texas Election Code Sections 31.092(a) for an election to be held on May 8, 2010, and to be administered by Sue Basham, Elections Administrator, hereinafter referred to as "Elections Administrator". Said Political Subdivision is holding a General Election, at their expense on May 8, 2010. The County owns an electronic voting system, the Diebold Touch Screens for Early Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County's electronic voting system and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle all aspects of administering the Election as provided in this Contract. Political Subdivision agrees to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided in this Contract. The Elections Administrator shall serve as the administrator for the Election; however, the Political Subdivision shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that Guadalupe County and the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. Political Subdivision agrees that other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall enter into a Joint Election Agreement and share a joint ballot on the county's electronic voting system at the applicable polling places. In such cases, costs shall be divided among the participants. Page 1 of 7 At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of the Political Subdivision, including translation to languages other than English. Political Subdivision shall provide a copy of their election order and notice to the Elections Administrator. The Political Subdivision shall prepare a submission to the United States Department of Justice for preclearance of the election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. III. VOTING LOCATIONS The Elections Administrator shall arrange for the use of all Election Day voting locations. Voting locations will be, whenever possible, the usual voting locations for Political Subdivision. In the event a voting location is not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Political Subdivision. If polling places are different from the polling place(s) used by Political Subdivision in it's most recent election, Political Subdivision agrees to post a notice no later than the day before the election, at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for election. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Elections Administrator shall recommend election judges, alternate judges and clerks. Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election Page 2 of 7 judge will be sent a letter from the Elections Administrator notifying him/her of their appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at an hourly rate established by Guadalupe County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to official ballots, sample ballots, voter registration lists, and all forms, signs and other materials used by the election judges at the voting locations. The Elections Administrator shall provide the necessary voter registration information, instructions, and other information needed for the election. If special maps are needed for a particular Political Subdivision, the Election Administrator will order the maps and pass that charge on to that particular Political Subdivision. Political Subdivision shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). This list shall be delivered to the Elections Administrator as soon as possible after ballot positions have been determined by each of the participating authorities. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. It is agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are independent contractors and are not employees or agents of the County or Political Subdivision. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or Political Subdivision, and no election personnel shall be entitled to the rights, privileges, or benefits of County or Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or Political Subdivision, unless considered a county employee as determined by the Guadalupe County Human Resources Department. VI. EARLY VOTING Political Subdivision agrees to appoint the Elections Administrator as the Early Voting Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. Political Subdivision further agrees that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas Election Code. Early Voting by personal appearance will be held at the locations, dates, and Page 3 of 7 times determined by Political Subdivision. Any qualified voter of the Election may vote early by personal appearance at any one of the early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Political Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall, upon request, provide the Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. VII. EARLY VOTING BALLOT BOARD Guadalupe County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Election. The Presiding Judge, with the assistance of the Elections Administrator, may appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127:005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Missy Doss Tabulation Supervisor: Rick Arroues Presiding Judge: Sue Basham The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Political Subdivision may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled that the election is not needed. Political Subdivision is fully liable for any expenses incurred by Page 4 of 7 Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by the withdrawing authority shall be refunded, minus the aforementioned expenses. XI. RECORDS OF THE ELECTION Voted ballots and all records of the Election will be given to the Political Subdivision to be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement with another political subdivision, the Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of the Texas Election. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which maybe filed with the participating authority. XII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Political Subdivision's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the District as necessary to conduct a proper recount. XIII. MISCELLANEOUS PROVISIONS 1. The Elections Administrator shall file copies of this document with the Guadalupe County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the Texas Election Code. 2. In the event that legal action is filed contesting Political Subdivision's election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own Page 5 of 7 expense, legal counsel for the County, the Elections Administrator, and additional election personnel as necessary. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. The parties agree that under the Constitution and laws of the State of Texas, neither Guadalupe County nor Political Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. 5. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. 6. In the event of one of more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 7. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 8. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. 9. Any amendments of this Contract shall be of no effect unless in writing and signed by all parties hereto. Page 6 of 7 IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has been executed on behalf of the parties hereto as follows, to-wit: 1. It has on this ~ day of , 2010, been executed on behalf of Guadalupe County by the Elections Ad ~ istrator ursuant to the Texas Election Code so authorizing; and 2. It has on this --'day of , 2010, been executed on behalf of the Political Subdivision by its Presiding O or autho zed representative, pursuant to an action of the Political Subdivision so authorizing. GUADALUPE COUNTY, TEXAS By: ~~~- a•--~----- SUE BASHAM Elections Administrator ATTEST: City of Schertz: By: •, Presiding Officer/Autho ~ epresentative Page 7 of 7 JOINT AGREEMENT ELECTION AGREEMENT BETWEEN THE CITY OF SCHERTZ, CITY OF CIBOLO AND THE SCHERTZ-CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT This joint election agreement is made this ~ay of , 2010, by and between the City of Schertz, the City of Cibolo and the Sch z-Cibolo-Un versal City Independent School District ("SCUCISD") (collectively "Entities" or "Participating Entities"). WHEREAS, the City of Schertz plans to hold a General and Special Election on May 8, 2010, for the purpose of electing_a Mayor two (2) city council members for Place 1, Place 2, and for the unexpired term of Place 4; WHEREAS, the City of Cibolo plans to hold a General Election on May 8, 2010, for the purpose of electin a four 4 city council members for Place 1, Place 4, Place 5, and Place 6; WHEREAS, SCUCISD plans to hold a General Election on May 8, 2010, for the purpose of electin two (2) school board trustees for Place 6 and Place 7; WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of political subdivisions to enter into an agreement to hold joint elections in election precincts that can be served by common polling places; WHEREAS, the parties to this agreement serve voters within'the same boundaries, and it would be to the benefit of the City of Schertz, City of Cibolo and SCUCISD, and the citizens and voters thereof to hold the elections jointly. NOW, THEREFORE, IT IS AGREED that a joint election will be held by City of Schertz, City of Cibolo and SCUCISD under the following terms and conditions: THIS AGREEMENT is subject to the written approval of all parties and shall not be binding on the parties until such written approval is obtained. THIS AGREEMENT will require the Guadalupe County Elections Administrator to be appointed the Joint Early Voting Clerk. THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to use joint ballots. THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to share costs associated with this joint election proportionally where polling places are shared by more than one entity. THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to be responsible for ordering its own election and publishing notice of the elections separately and Page 1 of 6 prepare a submission to the United States Department of Justice for preclearance of the election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The cost to publish the notice will be the responsibility of each individual entity. THIS AGREEMENT will require joint Early Voting and Election Day locations, dates, and times to be used by the City of Schertz, the City of Cibolo and SCUCISD. THIS AGREEMENT will require the Guadalupe County Elections Administrator to tabulate the precinct results and canvassing separately for the City of Schertz, the City of Cibolo and SCUCISD. The results will be delivered to each entity by facsimile. THIS AGREEMENT will require the Guadalupe County Elections Administrator to be responsible for the safekeeping of election records for this joint election. THIS AGREEMENT will require the Guadalupe County Elections Administrator to be responsible for performing the following duties and to furnish the following services and equipment pursuant to the election services contract with Guadalupe County: 1. Recommend election judges, alternate judges and clerks. 2. Pay election judges and other election workers. 3. Procure and distribute all necessary election supplies. 4. Supply all necessary voting equipment; transport equipment to and from the polling places, and prepare the voting equipment for use at the polling places. 5. Issue Writs of Election to the election judges appointed. 6. Perform early voting clerk duties. 7. Publish the legal notice of the date, time, and place of the electronic tabulating equipment test and conduct such test and provide copies to entities. 8. Arrange for the use of a central counting station and for the tabulating personnel needed at the counting station and assist in the preparation of programs and the test materials for tabulation of the ballots to be used with electronic voting equipment. 9. Assist in providing the general overall supervision of the election and will provide to the Canvassing Authority the prescribed election records and reports as required when a central counting station is used: (a) Canvassing Summary Report, (b) Accumulated Totals Report of early voting and Election Day, and (c) Electronically submit results to the Secretary of State. 10. Ballot type: (For use with mail ballots.) Optical scan. 11. Ballot tabulating equipment to be used: Premier Touch Screens, Premier Optical Scan for paper ballots. GENERAL CONDITIONS A. Common Early Voting and Election Day Polling Locations Page 2 of 6 Early voting by personal appearance will be conducted at the following location at the specified dates and times: Guadalupe County Office Building -Election Office 1101 Elbel Road Schertz, TX 78154 Dates: Monday, April 26 -Friday, April 30, 2010 Hours: 8:00 a.m. - 5:00 p.m. Dates: Monday, May 3 -Tuesday, May 4, 2010 Hours: 7:00 a.m. - 7:00 p.m. Election Day Locations: The polling places listed below will be open from 7:00 a.m. to 7:00 p.m. on May 8, 2010. Schertz Community Center Rose Garden Elementary School City of Cibolo City Hall 1400 Schertz Parkway 506 North Blvd. 200 South Main Schertz, TX 78154 Universal City, TX 78148 Cibolo, TX 78108 (to be shared by the City of (SCUCISD only) (to be shared by the City of Schertz, and SCUCISD) Cibolo, and SCUCISD) B. Joint Election Costs: Payment A. Costs. Access to the common polling location(s) set out herein will be provided at no charge. However, each Entity remains responsible for all costs associated with their respective elections only. All funds expended by each Entity will be from current revenues. B. Cancellation. In the event any of the parties to this Agreement cancel their election because of unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining parties shall be responsible for their respective elections, including all associated costs. The canceling party(ies) shall be responsible for its respective share of election expenses incurred through the date that the election is canceled as allocated to that Entity. In the event that a party cancels its election, the other parties shall continue to have access to the polling locations at no charge. If an election is to be canceled by one of the parties, notice will be given to all parties within two (2) days of cancellation. C. General Provisions Page 3 of 6 A. Communications. Throughout the term of this Agreement, the Participating Entities will engage in ongoing communications concerning the conduct of the Joint Election and discuss and resolve any problems which might arise regarding the Joint Election. B. Effective Date. This Agreement takes effect upon the complete execution of this Agreement by all Participating Entities. C. Custodian of Records. Each Participating Entity will serve as their individual custodian for purposes of election records as required by law. Each Participating Entity shall appoint a qualified person to act as Custodian of Records for the Entity to perform the duties imposed by the Election Code on the custodian of records for its respective entity. D. Miscellaneous Provisions A. Venue and Choice of Law. The Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Guadalupe 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. B. Entire Agreement. This Agreement 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 relating to each Entity's May 8, 2010 election. Any prior agreements, promises, negotiations, or representations not expressly contained in this Agreement are of no force and effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing as provided herein. C. Severability. 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, parties to this Agreement shall perform their obligations under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement. D. Breach. In the event that any Participating Entity breaches any of its obligations under this Agreement, the non-breaching party shall be entitled to pursue any and all rights and remedies allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or defense to which any Participating Entity is entitled under statutory or common law. Page 4 of 6 E. Other Instruments. The Entities agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry out the purposes of this Agreement. F. Mediation. When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality. Notwithstanding the foregoing, the parties intend to fully comply with the Texas Open Meetings Act and the Texas Public Information Act, whenever applicable. The term "confidential" as used in this Agreement has the same meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. G. Amendment/Modification. Except as otherwise provided, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto. No official, representative, agent, or employee of any Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted by the governing body of the respective Participating Entity. H. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. *****REMAINDER OF PAGE INTENTIONALLY LEFT BLANK*** Page 5 of 6 The undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. APPROVED, this ~ day of , 2010, by the City Council of the CITY OF SCHERTZ - n Hal Baldwin, Mayor City of Schertz APPROVED, this ~~ day of , 2010, by the City Council of the CITY OF CIBOLO APPROVED, this ~/5f- day of , 2010, by the Board of Trustees of the SCHERTZ-CIBOLO-UNIVERSAL CI INDEP ENT SCHOOL DISTRICT. George Ricks, Board resident SCUC Mark Wilson, Board Secretary SCUCISD Page 6 of 6