19-R-129 Revised Election Contract with Guadalupe CountyRESOLUTION NO. 19 -R -129
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND APPROVING A REVISED
ELECTION CONTRACT WITH THE GUADALUPE COUNTY
ELECTIONS ADMINISTRATOR FOR THE CONDUCT OF OUR
NOVEMBER 5, 2019 GENERAL ELECTION FOR THE PURPOSE OF
ELECTING COUNCILMEMBERS FOR PLACE 1, PLACE 2 AND FOR
MAYOR FOR A THREE YEAR TERM AND A SPECIAL ELECTION
FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR
PLACE 4 FOR THE REMAINING YEAR OF THE UNEXPIRED TERM,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City the City Council approve a revised contract with the Guadalupe County Elections
Administrator; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve a revised contract with Guadalupe County Elections Administrator for the conduct of
our November 5, 2019 General Election for the purpose of electing Councilmembers for Place 1,
Place 2 and for Mayor for a three year term and a Special Election for the purpose of electing a
Councilmember for Place 4 for the remaining year of the unexpired term.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes a revised contract with the Guadalupe
County Elections Administrator.
Section 2. The Guadalupe County Early Voting Locations and Election Day Vote
Centers are attached hereto as Exhibits A & B.
Section 3. 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 City Council.
Section 4. All 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 resolved herein.
Section 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. 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 the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 7. 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 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 24th day of September 2019.
CITY OF SLALWZ, TEXAS
ael R. Carpenter, Mayor
ATTEST:
AA Wr
�` i3renda Dennis, City Secretary
EXHIBIT A
NOVEMBER 5, 2019
(5 DE NOVIEMBRE, 2019)
GENERAL AND SPECIAL ELECTIONS
(ELECC /ONES GENERA LES Y ESPECULES)
LOCATIONS OF EARLY VOTING POLLING PLACES
VOTACIONADELANTADA EN PERSONA SE LLEVARA A CABO
Location, Dates & Hours of Main Early Voting Polling Location
&&gar, Fechas E Horas de los Centros Prigc les de Votaci6n Para la Votaci6n Adelantada)
SEGUIN ELECTIONS OFFICE
215 S. Milam St. Seguin, TX 78155
Monday, Oct. 21St through Friday, Oct. 251h, 2019
8:00 a.m. to 5:00 P.M.
Saturday, Oct. 26th, 2019 — 7:00 a.m. to 7:00 p.m.
de la tarde
Sunday, Oct. 27th, 2019 —1:00 p.m. to 6:00 p.m.
de la tarde
Monday, Oct. 28th, through Friday, Nov. 1St , 2019
7:00 a.m. to 7:00 p.m.
Lunes, 21 de Oct., 2019 hosts el Viernes, 25 de Oct. de 2019 de
8:00 de /a manana a las 5:00 de la tarde
Sabado, 26 de Oct., 2019 de 7.00 de la manana a las 7:00
Domingo, 27 de Oct., 2019 de 1:00 de la tarde a las 6:00
Lunes, 28 de Oct., 2019 hasta el Viernes, 1 de Nov. de 2019 de
7:00 de la manana a las 7:00 de la tarde
*Emergency and Limited ballots available at this location only. (Bo/etas limitodas y de emergencia solamente est6n
disponibles en esta caseta.)
Location, Dates & Hours of Branch Early Voting Polling Locations
(Lugar,, fechas y Horas de las Sucursa /es de /os Centros de Votaci6n ,pare /a Votad& Ande/antadaJ
CENTRAL TEXAS TECHNOLOGY CENTER
Room 118 Conference Room, 2189 FM 758
New Braunfels, TX 78130
GRACE CHURCH
3240 FM 725
New Braunfels, TX 78130
NEW BERLIN CITY HALL
9180 FM 775
New Berlin, TX
SCHERTZ ELECTIONS OFFICE ANNEX
1101 Elbel Road
Schertz, TX 78154
Monday, Oct. 21St through Friday, Oct. 25th, 2019 Lunes, 21 de Oct., 2019 hasta el Viernes, 25 de Oct. de 2019 de
8:00 a.m. to 5:00 P.M. 8:00 de /a manana a las 5:00 de la tarde
Saturday, Oct. 26th, 2019 - 7:00 a.m. to 7:00 p.m. Sabado, 26 de Oct., 2019 de 7:00 de la manana a las 7.00
de la tarde
Sunday, Oct. 27th, 2019 -1:00 p.m. to 6:00 p.m. Domingo, 27 de Oct., 2019 de 1:00 de la tarde a las 6:00
de la tarde
Monday, Oct. 281^, through Friday, Nov. V, 2019 Lunes, 28 de Oct., 2019 hasta el Viernes, 1 de Nov. de 2019 de
7:00 a.m. to 7:00 p.m. 7:00 de la manana a las 7:00 de la tarde
Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran
adelantada por correo deberan enviorse a:) Lisa Hayes, Elections Administrator, P. O. Box 1346,
Seguin, TX 78156 -1346. Applications for Ballot by Mail must be received no later than the close of
business on October 25, 2019. (Las solicitudes para boletas que se votaran adelantada por correo
deberan recibirse para elfin de las horas de negocio el 25 de Octubre 2019.
EXHIBIT B
NONTMEER 5, 3019
GENERAL ANM SPECL L ELECTIONS
Election Day Polling Locations
Polls Open from 7:00 a.m. to 7:00 p.m.
Guadalupe County will be using note Centers for the November 5, 2019 General & Special Elections.
And° Guadalupe County reemered voter can rote at any Guadalupe County Election Day Location,
regardless of the product iniehich they reside
16T Ni
McQueeney Liens C1nb , 3211 FM 78, MkQaeewy_
IT 92
Vogel Ekmentar±, School, 16_121 FM 725, Seguin
VC Na
Remarkable Hmffl w-* 1339 FastwoodDr., Seguin
VC M
Forest h3 h Baptist Chureh, 8251 FM 1117, Seguin
IT 95
Justice of the Peace Court, Pet 1, 2405 R US Hwy 9D, Segue
VC 96
kin ba rr United lliethedist Church, 7035 FM 2438, Kkgsbmy
VC 97
Staples Bsptist Charch,10020 FM 621, Staples
VC 96
Mar-matha Fellawship Hall, 2356 S. Hwy. OD, Wing
VC 99
TLU:1lumni Student Center, Conference Roams A1B,1109 Unassd3 St, Segam
{paecwudy 1wkson Pad: Student Ackvby Coates @ TLU)
VC #1D
Grace Church, 3240 FM 725, New Rraanfids
VC911
McQueeney -%TW Pad 9!33, 275 Gallagher. McQuemeg
VC 911
Columbus Club of Seguin, 1015 S. AustiuSbed, Segaia
VC #1S
Our Lady of Guadalupe Much Anmz, 730N. Guadalupe SL Seguin
Vc #Yd
Vi estaide Baptist Church, 1208 N. Vaughan St, Seguin
VC MIS
AmerieanLegion13s1L619 E KmpboM Seguin
VC #16
Gereanne Communit;- Center, 280 Nas-azm Dr Gercn mo
VC #17
St. Joseph's 3Tission , 5093 RedaaroodRd., SanMamos
VC #18
The Salver Center, 51011 Court St., Seguin
VC #19
Central Te=as Techaologr Center, Room 118 Coal Room, 2189 FM 758, New Anamafils
VC #20
The Cress Church 814N. Baam, Segam
�uz�ffmp')
VC #21
Santa Clara Cily Hall,16533 N. Samb Clara Rd., Saab Cl z
VC #22
Marion Delfond Learning Center,- 200W. Schlatler Lane, Cibado
VC #23
Schertz Elections Office, 1101 Owl Rd., Schertz
VC #24
Scher b United 3tethodist Church, 3460 Riq Richard Dr., Schaff
VC #35
Selma City Hall 9575 to Dr- Selma
VC #26
Crosspoint FellmA v Church, 26M Roy Richard Dnive, Sebertz
VC #27
Immaculate Conception Catholic Church, 212 N. Barnett St, Marian
VC #28
Schertz Cataxnao y Center, 1400 Seberiz Fadnway, Sebestz
VC #2D
DdilsaLalQ Hatt, 509 Schertz Pkwy., Schertz
VC#M
Seheru Community Center Nosth,3501141m&gDr- ,Cabala
VC #31
St, John °s LYtherau Church, 606 S. Center St, Marion
VC #32
New Berlin City Hall, 9180 FM 775, New Bedin
VC #33
Fein Road Elementary y School, 2620 W. K1ein Road, New Brawfe c
VC #34
Cibolo Finer Station, 1=2, 3864 Cilxk Valley Drive, Cilmle {
THE STATE OF TEXAS
COUNTY OF GUADAL UPE }
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 the 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 5, 2019, which lies partially in
Guadalupe, Comal and Bexar Counties. Said election for the Political Subdivision lying in
Guadalupe County will be administered by Lisa Hayes, Elections Administrator, hereinafter
referred to as "Elections Administrator ".
Said Political Subdivision is holding a General Election and/or Special Election, at their
expense on November 5, 2019.
The County owns an electronic voting system, the Express Vote Universal Voting
System for Early Voting, Election Day voting, and Early Voting by Mail, 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
Page 1 of 7
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. 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 Guadalupe County. 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.
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.
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).
Page 2 of 7
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.
A. 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
judges are responsible for picking up election supplies at the time and place
determined by EA (which will be set forth in the election judge letter requesting
service for this election). Each election judge will receive $12.00 per hour and each
clerk will receive $10.00 per hour pending approval by the Guadalupe County
Commissioners Court. If not approved by the Guadalupe County Commissioners
Court, each election judge will receive $10.00 an hour and each clerk will receive
$9.00 an hour. The election judge will receive an additional $25.00 for picking up the
election supplies prior to Election Day and for delivering election returns and supplies
to their designated regional drop off site. Election judges and clerks attending a
training class on Election Law Procedures will receive a one -time stipend of $20.00
for the completion of the course, dependent upon approval by the Guadalupe County
Commissioners Court. If not approved by the Guadalupe County Commissioners
Court, election judges and clerks attending training class will receive a one -time
stipend of $15.00 for attending class and working on Election Day.)
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.
The 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. The Political
Page 3 of 7
Subdivison shall perform the duties required for drawing for place on the ballot by candidates
and provide candidate ballot position data to the Elections Administrator no later than one
business day after drawing occurs. The Political Subdivision 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. Each early voting clerk will receive $10.00 per hour pending approval by the
Guadalupe County Commissioners Court. If not approved by the Guadalupe County
Commissioners Court, each election judge will receive $9.15 an hour. Early Voting by personal
appearance will be held at the locations, dates, and times determined by Political Subdivision
unless the Political Subdivision enters into a Joint Election Agreement with Guadalupe County.
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
Page 4 of 7
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 HaN_es
Tabulation Supervisor: Missy Doss
Presiding Judge: Lisa Hayes
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
The Contracting Officer is hereby appointed the custodian of voted ballots and election
records and shall preserve them in accordance with Chapter 66 of the Texas Election Code and
other applicable law.
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.
Page 5 of 7
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.
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
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 legal action is filed contesting Political Subdivision's election under
Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own
expense, legal counsel for the County, the 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.
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
Page 6 of 7
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 of , 2019, been executed on behalf of
Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so
authorizing; and
2. It has on thi�:day of - '2019, been executed on behalf of the
Political Subdivision b�,, its Presiding Officer or t orized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS ATTEST:
Ci/ingg,�Offiicer/Authorized Texas:
By: ByLisa Hayes Pr Representative
Elections Administrator
V6.19.1900C
ILPage 7 of 7