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18-R-85 - Calling the General Election For November 6th, 2018 & signed agreements with Bexar and Guadalupe CountyTO THE RESIDENT, QUALIFIED VOTERS OF THE CITY OF SCHERTZ, TEXAS TAKE NOTICE that an election will be held in the City of Schertz, Texas on November 6, 2018, in obedience to a Resolution duly entered by the City Council of the City on July 24, 2018, which Resolution reads substantially as follows: WHEREAS, pursuant to Section 9.01(a) of the Home Rule Charter (the "Charter ") of the City of Schertz, Texas (the "LLty"), the regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State La",,, at which time officers will be elected to fill those offices which become vacant that year.; and WHEREAS, the terms of the offices of Councilmembers for Places 6, and 7 ends in November 2018 and those offices will become vacant at that time. Therefore, the City is required to conduct an election in November 2018 to fill these vacancies; and WHEREAS, the City will hold its election jointly in the counties of Bexar and Guadalupe with the Schertz - Cibolo- Universal City Independent School District (the "District "), the City of Cibolo, Cibolo Creek Municipal Authority and other entities pursuant to a joint election agreement between said entities as authorized by Section 271.002 of the Texas Election Code, as amended (the "Code "). WHEREAS, the City Council of the City (the "Council ") hereby finds and determines that holding a Joint General Election on November 6, 2018, which is the uniform election date in November prescribed under the Texas Election Code, for the purpose of electing Councilmembers for Place 6, and Place 7 is in accordance with the provisions of the City's Charter and is in the best interest of the citizens of the City; and WHEREAS, the Council hereby finds and determines that a Joint General Election should be held in the City on November 6, 2018, for the purpose of electing the Councilmembers for Place 6, and Place 7 for a three -year term; and WHEREAS, the City will contract with the Bexar County Elections Administrator, and the Guadalupe County Elections Administrator (collectively, the "Elections Administrators ") to conduct this election; and WHEREAS, the City Secretary shall publish, and post notice of this election as required by applicable law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. An election shall be held on November 6, 2018 in and throughout the City, for the purpose of electing the Councilmembers for Place 6, and Place 7, which places are currently held by (i) Councilmember Angelina Kiser — Place 6, (ii) Councilmember Bert Crawford — Place 7, for a three -year term to expire November 2021. Section 2. The City will hold a Joint General election with the Schertz- Cibolo- Universal City Independent School District (the "District "), the City of Cibolo, and other entities, as provided pursuant to the provisions of a joint election agreement between Bexar County and Guadalupe County and the City of Schertz, adopted in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the "Code "). Section 3. At said election, the candidate receiving the most votes for Councilmember for Place 6, and Place 7 respectively, shall be declared elected for a term to expire in November 2021. Any candidate desiring to have his or her name on the Official Ballot for said General election shall, no sooner than July 23, 2018 and no later than August 20, 2018, 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 candidate for Councilmember for Place 6, and Place 7. 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 by law. Section 4. Pursuant to Section 61.012, Texas Election Code, as amended, 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 may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. The Elections Administrators shall also utilize a Central Counting Station (the "Station ") as provided by Section 127.001, et seq., Texas Election Code, as amended. Bexar County Election Administrator Jacque Callanen, and Guadalupe County Election Administrator Lisa Adam will serve as the Managers and Presiding Judges of the Stations, will appoint the Election Judges and Station Clerks for each Station location and will establish a written plan for the orderly operation of the Station locations in accordance with the provisions of the Texas Election Code. The Elections Administrators will appoint the Tabulation Supervisors which will also serve as the Programmers for the Stations. Lastly, the Elections Administrators 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 5. 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 Elections Administrators, 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 at the precincts and vote center locations listed on Exhibit A on Tuesday, November 6, 2018, as prescribed by applicable law, and, on the day of the election, the polls shall be open from 7:00 a.m. to 7:00 p.m. The Bexar County Elections Office, 1103 S. Frio, Suite 100 San Antonio, Texas 78207, and the Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, are hereby designated as the main early voting places at which early voting shall be conducted for those living respectively in Bexar, Comal, and Guadalupe Counties. Jacquelyn Callanen, the Elections Administrator of Bexar County (whose mailing address is 1103 S. Frio, Suite 100 San Antonio, Texas 78207), and Lisa Adam, the Elections Administrator of Guadalupe County (whose mailing address is 215 S. Milam Street Seguin, Texas 78155 or PO Box 1346, Seguin Texas 78156 -1346) are hereby appointed as the Early Voting Clerks to conduct such early voting in the election in accordance with the provisions of the Texas Election Code. Each 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 from Monday, October 22, 2018 through Friday, November 2, 2018, with the exception of certain Saturdays, Sundays, and official State holidays. The locations and hours for the early voting are attached to this Resolution on Exhibit B. Applications for ballots by mail must be received by the Early Voting Clerks of the appropriate Counties not later than the close of business on Friday, October 26, 2018. An Early Voting Ballot Board for each County is hereby established for the purpose of processing early voting results. Jacquelyn Callanen, Elections Administrator of Bexar County, and Lisa Adam, Elections Administrator of Guadalupe County will appoint the Presiding Judges of the applicable Early Voting Ballot Board. Each Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the applicable County to serve as members of the applicable Early Voting Ballot Board. Section 6. The anticipated fiscal impact of conducting the election is currently estimated to be $36,357.25. Section 7. All resident qualified voters of the City shall be permitted to vote at any of the early voting locations in Bexar or Guadalupe County regardless of their county of residence. On Election Day, such voters shall vote at any polling place located in their designated election precinct within Guadalupe, Bexar or Comal County. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, 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, (a) not more than thirty (3 0) days, and not less than ten (10) days prior to the day of the election. Section 9. The Council authorizes the City Manager, or his/her designee, to negotiate and enter into one or more joint election agreements with other governmental organizations in accordance with the provisions of the Texas Election Code in such form as shall be approved by the City Manager, or his /her designee. Section 10. The Council authorizes the City Manager, or his/her designee, to negotiate and enter into contracts with the Elections Administrators to conduct the election in accordance with the provisions of the Texas Election Code in such form as shall be approved by the City Manager, or his/her designee. 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 ordinances 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 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. The Council hereby authorizes the Mayor and the City Secretary of the City to make such technical modifications to this Resolution that are necessary for compliance with applicable Texas or federal law or to carry out the intent of this Council, as evidenced herein. 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. This Resolution shall be in force and effect from and after its final passage and any publication required by law. PASSED, APPROVED, AND ADOPTED on this 24th day of gly 2018. R. Carpenter Mayor ATTEST: renda Dennis TRMC, MMC, City Secretary (SEAL OF CITY) THE STA TE OF TEXAS } } COUNTY OF GUADALUPE) 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, Texas, hereinafter referred to as "Political Subdivision," pursuant to Texas Election Code Sections 31.092(a) for an election to be held on November 6, 2018, which lies partially in Guadalupe, Comal and Bexar Counties. Said election for the Political Subdivision lying in Guadalupe County and Comal County will be administered by Lisa Adam, Elections Administrator, hereinafter referred to as "Elections Administrator ". Said Political Subdivision is holding a General Election, at their expense on November 6, 2018. 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 Countv 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. 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. III. VOTING LOCATIONS The Elections Administrator shall arrange for the use of all Election Day voting locations. Voting locations will be the County's usual voting locations. 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. The Elections Administrator shall arrange for the use of the two Comal County voting locations for 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. All obligations of the Elections Administrator contained in this contract with respect to polling locations shall be limited to the provision of polling locations located within the geographical boundaries of Guadalupe County, Texas. The Elections Administrator has agreed to contact the authority in Comal County to arrange for the use of Precincts 202 and 301 Election Day polling locations in Comal County. 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 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. (Election Judge and Alternate Judge - $10/hour; Clerks- $9/hour; Early Voting Clerks- $9.15/hour) 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. In addition, all workers receive a $15 flat rate compensation for mandatory training. 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 General 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. Said list shall be provided to the Elections Administrator by the date set out in the published Election Calendar provided by the Secretary of State. 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 ($9.15 /hour). Early Voting by personal appearance will be held at the locations, dates, and 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 Elections Administrator 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: __Lisa Adam Tabulation Supervisor: — Missy Doss Presiding Judge: Lisa Adam 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 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 may be filed with the participating authority. XH. 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. -* S ,, 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. In the event that Iegal action is filed contesting Political Subdivision's election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the Elections Administrator, and additional election personnel as necessary. 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. 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. 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 and the two (2) precincts in Comal County, Texas. 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. 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. 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. Any amendments of this Contract shall be of no effect unless in writing and signed by all parties hereto. 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 o4stratp'ursuant , 2018, been executed on behalf of Guadalupe County by the E ections A to the Texas Election Code so authorizing; and k 2. It has on this day of �— V , 2018, been executed on behalf of the Political Subdivision 6y-- its Presiding Offi � er autho zed representative, pursuant to an action of the Political Subdivision so authorizing. 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Please return (2) fully executed originals with the countersignature for our files and keep (1) for your records. Should you have any questions, please feel free to contact me. Sincerely, %.,.UcqtMyn F. Callanen, Bexar County Elections Administrator THE STATE OF TEXAS § § CONTRACT FOR ELECTION SERVICES COUNTY OF BEXAR § This Contract is entered into by and between the BEXAR COUNTY ELECTIONS ADMINISTRATOR ( "ADMINISTRATOR ") on behalf of Bexar County, a political subdivision of the State of Texas, and the CITY OF SCHERTZ ( "CTTY ")(also, individually, a "Party" or, collectively, the "Parties "), pursuant to Texas Election Code Section 31.092. RECITALS CITY, by appropriate action of its governing body acting in accordance with all applicable laws, has called a general election to be conducted by Bexar County on Tuesday, November 6, 2018 and desires that certain election services be provided by ADMINISTRATOR through her Elections Department. ADMINISTRATOR has provided cost estimates for election services to be rendered by her office pursuant to the terms of this Contract that are set out on Exhibits "A" and "B," attached and incorporated into this Contract. CITY and ADMINISTRATOR want to enter into this Contract setting out the respective responsibilities of the Parties. Accordingly, the Parties agree as follows: ARTICLE I PURPOSE 1.01. The Parties have entered into this Contract for election services described in Article II to be provided to CITY for its election to be held on November 6, 2018. ARTICLE II SERVICES 2.01. ADMINISTRATOR agrees to provide to CITY the following general services: (A) Procure and distribute election supplies, including, but not limited to, the preparation, printing and distribution of ballots and sample ballots; (B) Procure election judges and clerks for early voting and election day voting; (C) Procure early voting polling places and election day polling places, as ordered; (D) Procure, prepare, and distribute adequate election equipment and transport equipment to and from the initial polling locations, including early voting 11111111 !IIilll!l 111 11 1 s pil I NIP. 11!1111�1111'�I 111111 11pi III I'll 1111111 pil III 11111111 111111111111 !! �11111111 ! III (J) Prepare writ of election to election officers and notice of appointment to Presiding and Alternate judges, as required by law; (K) Conduct early voting, in person and by mail, for CITY; (L) Establish a Central Counting Station for the purpose of tabulating ballots; (M) Provide such incidental related services as may be necessary to effect the election; (N) Meet AIWA requirements as the law relates to polling locations and voter assistance, etc; and (0) Provide for Central Count Tabulation (s): a. Preparation and programming of the ballots on the AIS 650 Optical Scanner b. Preparation and tabulation of votes from the iVotronic Voting System. 3.01. Specific services to be provided related to the general services identified in Article 11 will be performed in accordance with the time requirements set out in the Texas Election Code. 2 ARTICLE IV SERVICES NOT PROVIDED BY COUNTY 4.01. ADMINISTRATOR shall have no responsibility for insuring the passage of the appropriate Election Order by the CITY, posting the election notice as required by the Texas Election Code Section 4.003, or canvassing election results. ADMINISTRATOR shall have no responsibility as custodian of CITY'S election records. ARTICLE V TERM 5.01. Except as hereinafter set out, the term of this Contract will be from the time of execution until all items with respect to this Contract and the election held hereunder have been completed. ARTICLE VI COST OF SERVICE AND BILLING 6.01. In consideration for the services provided hereunder by ADMINISTRATOR, CITY shall pay ADMINISTRATOR the actual cost of performing the services, including any overtime incurred by ADMINISTRATOR'S employees. CITY shall deposit with ADMINISTRATOR +; A51. 4a no later than October 1, 2018 to cover the estimated pro rata cost. 6.02. If the actual election costs exceed CITY'S deposit, the difference between the actual costs and the deposit will be paid by DISTRICT within 30 days after receiving an itemized invoice from ADMINISTRATOR. Payment must be made by check payable to the Bexar County Clerk and mailed to: Jacquelyn F. Callanen Bexar County Elections Administrator 1103 S. Frio St., Ste. 100 San Antonio, Texas 78207 6.03. Any monies remaining after the payment of all costs of elections bills, will be the property of the CITY and returned to it. ARTICLE VII GENERAL PROVISIONS 7.01. This Contract will 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 Bexar County, Texas. 7.02. If any one or more of the provisions contained in this Contract is for any reason be held 41 to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability will not affect any other provision, and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in the Contract. 7.03. This Contract constitutes the sole and only agreement of the Parties and supersedes any prior understanding or written or oral agreement between the Parties respecting the written subject matter. 7.04. No amendment, modification, or alteration of this Contract will be binding unless it is in writing, dated subsequent to the date hereof and executed by the Parties. ARTICLE VIII BACKGROUND CHECKS 8.01 ADMINISTRATOR has conducted all criminal background checks required by Texas Election Code § 129.051(g). SIGNED this I'L day of 18. ELECTIONS ADMINISTRATOR CITY OF S RTZ BY: '4 BY: A (AELY4 F.CALLANEN P LE: APPROVED AS TO LEGAL FORM: BY: z�' PATRICIA G. PROWSE ASSISTANT CRIMINAL DISTRICT ATTORNEY- CIVIL DIVISION 0 Schertz EXHIBIT "A" 6-Nov-181 I Early Voting Units Cost Per Unit Estimated TOTALS A REMUNERATION REMUNERATION SUMMARY NUMBER OF JUDGES 1 HOURS WORKED 80 $13.00 $1,040.00 HOURS WORKED OVERTIME 45 $19.50 $877.50 NUMBER OF CLERKS 5 HOURS WORKED 80 $11.50 $4,600.00 HOURS WORKED OVERTIME 45 $16.75 $3,768.75 JUDGES DAILY RETURN FEE NUMBER OF TRIPS 3 COST PER TRIP $7.50 $22.50 COST PER CREW CC $10,308.75 NUMBER OF SITES 42 WAGES $432,967.50 TOTAL FICA $33,122.01 TEMP AGENCY MARKUP 5.45% $25,168.83 TOTAL REMUNERATION $491,258.35 $491,258.35 B PRINTING PRINTING OF EARLY VOTING SUPPLIES FORMATTING STYLE 216 $50.00 $10,800.00 COST OF BALLOTS $0.40 NUMBER OF BALLOTS 50,000 $20,000.00 BALLOTAR $750.00 $750.00 COST OF SAMPLE BALLOTS $0.05 NUMBER OF SAMPLE BALLOTS 250,000 $12,500.00 Freight $0.00 $0.00 TOTAL PRINTING $44,050.00 $44,050.00 C MAIL NUMBER OF WHITE ENVELOPES 45,000 $0.09 $4,050.00 NUMBER APPLICATIONS 20,000 $0.05 $1,000.00 NUMBER OF CARRIER ENVELOPES 45,000 $0.09 $4,050.00 NUMBER OF TRANSPORT ENVELOPES 45,000 $0.09 $4,050.00 NUMBER OF POSTAGE STAMPS 45,000 $0.65 $29,250.00 TOTAL MAIL $42,400.00 $42,400.00 D TEMPORARY WORKERS NUMBER OF TEMP EMPLOYEES/MAIL 10 HOURS WORKED 260 $14.75 $38,350.00 NUMBER OF MONTHS 3 WORKMANS COMP UNEMPLOYEMENT $49.33 $1,479.90 iVotronic PREPARATION NUMBER OF TEMPORARY EMPLOYEES 2 $14.75 HOURS WORKED 36 $1,062.00 WAREHOUSE NUMBER OF TEMPORARY EMPLOYEES 5 HOURS WORKED 330 $14.75 $24,337.50 WORKMANS COMP UNEMPLOYEMENT $49.33 NUMBER OF MONTHS 3 $739.95 FICA $4,795.59 TOTAL TEMP EMPLOYEE COST $70,764.94 $70,764.94 E RENTAL NUMBER OF SITES 42 NUMBER OF SITES COSTS 3 $500.00 $1,500.00 NUMBER OF iVOTRONICS 7 $118.90 $34,956.60 NUMBER OF iVOTRONICS - ADA it $143.05 $6,008.10 NUMBER OF PEBS 168 $7.50 $1,260.00 NUMBER OF DAYS PROVISIONAL BAGS USED 42 $6.00 $252.00 NUMBER OF BAG SEAL 42 $1.50 $63.00 NUMBER OF COMPUTERS 41 $200.00 $8,200.00 NUMBER OF TABLES 12 $10.00 $120.00 NUMBER OF CHAIRS 48 $2.50 $120.00 NUMBER LOCKS ,CHAINS 42 $5.00 $210.00 TOTAL RENTAL $52,689.70 $52,689.70 F STAFFTIME DAILY RETURNS NUMBER OF EMPLOYEES 14 $30.00 HOURS WORKED DAYS X NO. HOURS) 85 $35,700.00 FICA 7.65 $90.22 TOTAL WAGES $35,790.22 PRO RATA COST 1 TOTAL STAFFTIME $35,790.22 $35,790.22 G E.B.B.AND S.V.C. EARLY BALLOT BOARD NUMBER OF BOARD MEMBERS 20 HOURS WORKED 30 $13.00 $7,800.00 TOTAL WAGES $7,800.00 UNEMPLOYMENT $622.44 FICA 7.65 $596.70 PRO RATA COST 1 OTAL E.B.B. AND S.V.C. COST $9,019.14 $9,019.14 H PUBLICATION POLLING PLACES EXPRESS NEWS 2 $36,000.00 $72,000.00 LA PRENSA 1 $6,500.00 $6,500.00 PRO RATA COST 1 $0.00 TOTAL PUBLICATION $78,500.00 $78,500.00 1 MISCELLANEOUS NUMBER OF LABELS 100 $15.00 $1,500.00 NUMBER OF CELL PHONES 41 $35.00 $1,435.00 SHRINK WRAP COST 0 $50.00 $0.00 WRITS AND MAILOUTS TO JUDGES ENVELOPES AND POSTAGE 300 $0.49 $147.00 NUMBER OF KITS 42 $50.00 $2,100.00 TOTAL MISCELLANEOUS $5,182.00 $5,182.00 K SUMMARY OF E.V. COST REMUNERATION $491,258.35 $491,258.35 PRINTING OF E.V. SUPPLIES $44,050.00 $44,050.00 MAIL $42,400.00 $42,400.00 TEMPORARY EMPLOYEE COST $70,764.94 $70,764.94 RENTAL $52,689.70 $52,689.70 STAFFTIME $35,790.22 $35,790.22 E.B.B.AND S.V.C. COST $9,019.14 $9,019.14 MISCELLANEOUS $5,182.00 $5,182.00 PUBLICATION $78,500.00 $78,500.00 EARLY VOTING COST SUBTOTAL $829,654.35 $829,654.35 TOTAL EARLY VOTING COST 10% CONTRACT FEE EARLY VOTING $82,965.44 $82,965.44 Grand Total Early Voting $912,619.79 $912,619.79 Schertz EXHIBIT "B" 6- Nov -18 Election Day Units Cost Per Unit Estimated TOTALS I REMUNERATIONS 4 NUMBER OF JUDGES 1 HOURS WORKED 8 $13.00 $104.00 HOURS WORKED OVERTIME 7 $19.50 $136.50 NUMBER OF CLERKS 4 HOURS WORKED 8 $11.50 $368.00 HOURS WORKED OVERTIME 7 $16.50 $462.00 FICA 7.65 FOR JUDGES AND CLERKS $35.34 TOTAL WAGES JUDGES and CLERKS $1,105.84 NUMBER OF SITES 306 $1,105.84 $338,387.96 SECURITY 12 HOURS WORKED 18 $30.00 $6,480.00 FICA 7.65 FOR SECURITY $495.72 $6,975.72 TOTAL WAGES SECURITY TOTAL REMUNERATION $345,363.68 REMUMERATIONS TOTAL $345,363.68 $345,363.68 B ELECTION NIGHT RETURNS NUMBER OF SITES RETURNS 306 $25.00 $7,650.00 NUMBER OF KITS 306 $40.00 $12,240.00 TOTAL KITS AND RETURNS $19,890.00 $19,890.00 C RENTAL NUMBER OF iVOTRONICS 1,957 $118.90 $232,687.30 NUMBER OF WOTRONICS - ADA 306 $143.05 $43,773.30 NUMBER OF COMMPACS 306 $80.00 $24,480.00 NUMBER OF PEBS 1,224 $7.50 $9,180.00 NUMBER OF FLASH CARDS 2,263 $33.00 $74,679.00 NUMBER OF PROVISIONAL BAGS USED 306 $6.00 $1,836.00 TABLES 20 $10.00 $200.00 CHAIRS 60 $2.50 $150.00 TRAFFIC CONES 0 $1.20 $0.00 SHRINK WRAP COST 5 $50.00 $0.00 NUMBER OF BALLOT BOXES 25 $1.45 $36.25 COST OF LOCKS AND SEALS 306 $1.50 $459.00 TOTAL RENTAL $387,480.85 $387,480.85 D TRANSPORTATION MOVERS 348 $204.00 $70,992.00 TRUCK RENTAL 7 $600.00 $4,200.00 PRO RATA COST 1 TRANSPORTATION $75,192.00 $75,192.00 TRANSPORTATION TOTAL $0.00 E PROGRAMMING, EQUIPMENT, TECHNICAL SERVICES PERSONNEL COST ON SITE TECHS 90 $300.00 $27,000.00 TEMP AGENCY MARKUP 15.59% $4,209.30 PROGRAMMING 10 $1,500.00 $15,000.00 VOICE FILES 1 $10,200.00 $10,200.00 CENTRAL COUNTING STATION JUDGE 8 $25.00 $200.00 REGIONAL SENDING SITES 1 $560.00 NUMBER OF SITES /PERSONNEL 8 $4,480.00 CENTRAL COUNTING STATION MGR HRS 25 $40.00 $1,000.00 TABULATION SUPERVISOR HOURS 12 $35.00 $420.00 ASST TO TAB. SUPERVISOR HOURS 12 $25.00 $300.00 COMPUTER COST 0 $40,500.00 $0.00 TABULATION SOFTWARE 0 $25,800.00 $0.00 AIS 650 OPTICAL SCANNERS 2 $7,600.00 $15,200.00 PUBLIC TEST 1 $50.00 $50.00 PREVENTIVE MAINT. INSP 1 $2,600.00 $2,600.00 PRO RATA COST 1 INFORMATION SERVICES $80,659.30 TOTAL PETS $80,659.30 $80,659.30 = ELECTION DEPARTMENT STAFF NUMBER OF EMPLOYEES 20 $30.00 HOURS WORKED 22 $13,200.00 ri�.,H /.ozi $1,009.80 PRO RATA COST 1 TOTAL STAFFTIME WAGES $14,209.80 $14,209.80 G TEMPORARY EMPLOYEE NUMBER OF EMPLOYEES ( POST ELEC.) 20 HOURS WORKED 22 $14.75 $6,490.00 PRO RATA COST $0.00 WORKMANS COMP UNEMPLOYEMENT 1 $49.33 $986.60 PHONE BANK RATE PER HOUR $10.00 $0.00 HOURS WORKED NUMBER OF EMPLOYEES 3 $0.00 TEMPORARY EMPLOYEE COST 40 $7,476.60 FICA 7.65 1 $571.96 TOTAL TEMP EMPLOYEE COST 1 $8,048.56 $8,048.56 H PUBLICATION EXPRESS NEWS ACCURACY TEST 1 $375.00 $375.00 LA PRENSA 0 $0.00 $0.00 PRO RATA COST 1 TOTAL PUBLICATION $375.00 $375.00 1 MISCELLANEOUS NOTIFICATION TO JUDGES /payroll 2,400 $0.49 $1,176.00 POLLING SITE RENTAL 150 $210.00 $31,500.00 CELL PHONES AND AIRTIME 306 $30.00 $9,180.00 TOTAL MISCELLANEOUS $41,856.00 $41,856.00 J SUMMARY ELECTION DAY COST REMUNERATIONS $345,363.68 $345,363.68 ELECTION KITS AND RETURNS $19,890.00 $19,890.00 RENTAL $387,480.85 $387,480.85 STAFFTIME $14,209.80 $14,209.80 PRINTING COST $0.00 $0.00 INFORMATION SERVICES $80,659.30 $80,659.30 TEMPORARY EMPLOYEE COST $8,048.56 $8,048.56 PUBLICATION $375.00 $375.00 TRANSPORTATION $75,192.00 $75,192.00 MISCELLANEOUS $41,856.00 $41,856.00 ELEC. DAY COST SUBTOTAL $973,075.19 $973,075.19 TOTAL ELECTION DAY $973,075.19 $973,075.19 10% CONTRACT FEE $0.00 $0.00 Grand Total Election Day $973,075.19 $973,075.19 Total ESTIMATE :arly Voting Grand Total $912,619.79 $912,619.79 :lection Day Grand Total $973,075.19 $973,075.19 Fotal For Early Voting and Election Day $1,885,694.98 $1,885,694.98 'ro Rata Share .13% $2,451.40 $2,451.40 kmount of Deposit $2,451.40 $2,451.40 Overpaid) /Underpaid