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19-R-130 Election Contract with Comal CountyRESOLUTION NO. 19 -R -130 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING AN ELECTION CONTRACT WITH THE COMAL COUNTY CLERK BOBBIE KOEPP 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 Council approve an elections contract with the Comal County Clerk, Bobbie Koepp; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve a contract with the Comal County Clerk 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 contract with the Comal County Clerk Bobbie Koepp; and Section 2. The Comal 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 S. 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. ATTEST: CJea Dennis, City Secretary CITY OF S"RTZ, TEXAS -2- R. Carpenter, Mayor EXHIBIT A EARLY VOTING LOCATIONS (SITIOS DE VOTACIONANTICIPADA) COMAL COUNTY, TEXAS (el Condado de Comal, Texas) 2019 CONSTITUTIONAL AMENDMENT ELECTION and CITY OF SCHERTZ GENERAL /SPECIAL ELECTIONS ( ELECCION DE ENMIENDAS CONSTITUCIONAL DE 2019 EN EL CONDADO DE COMAL, TEXAS Y CIUDAD DE SCHER TZ ELECIONES GENERA LES /ESPECIALES) November 5, 2019 (5 de noviembre de 2019) Location Dates and Hours of Main Early Voting Polling Location (Lugar, Fechas r, Horas de los Centros Principales de Votacion Para la Votacion Anticinada) "MAIN LOCATION: Comal County Elections Office (los Centros Principales) 396 N. Seguin Ave. New Braunfels, TX 78130 DATES and HOURS: October 21 -25, 2019 —8 a.m. to 5 p.m. (Fechas y Horas) (21 -25 de octubre de 2019 — 8 a.m. to 5 p.m) October 26, 2019 — 7 a.m. to 7 p.m. (26 de octubre de 2019 — T a. m. to 7 p. m) October 28 -30, 2019 — 8 a.m. to 5 p.m. (28 -30 de octubre de 2019 — 8 a.m. to S p.m) October 31 and November 1, 2019 — 7 a.m. to 7 p.m. (31 de octubre y 1 de noviembre de 2019 — 7 a.m. to 7 p.m) "Emergency and Limited ballots available at this location only. (Boletas limitadas y de emergencia solamente estdn disponibles en esta caseta) Location, Dates and Hours of Tem orary Branch Earlv Voting Polling Locations (Lugar. Fechas r Horas de las Sucursales de los Centros Temporal de Votacion Para la Votacion Anticipada) Mammen Family Public Library October 21 -25, 2019 —8 a.m. to 5 p.m. 131 Bulverde Crossing (21 -25 de octubre de 2019 — 8 a.m. to 5 p. m) Bulverde Texas 78163 October 26, 2019 — 7 a.m. to 7 p.m. (26 de octubre de 2019 — 7.a.m. to 7 p.m) October 28 -30, 2019 — 8 a.m. to 5 p.m. (28 -30 de octubre de 2019 — 8 a.m. to 5 p.m) October 31 and November 1, 2019 — 7 a.m. to 7 p.m. (31 de octubre y 1 de noviembre de 2019 — 7 a.m. to 7 p.m) -3- Comal County Offices - October 21 -25, 2019 —8 a.m. to 5 p.m. Goodwin Annex (21 -25 de octubre de 2019 — 8 a.m. to 5 p.m) 1297 Church Hill Drive October 26, 2019 — 7 a.m. to 7 p.m. New Braunfels, Texas 78130 (26 de octubre de 2019 — 7.a.m. to 7 p.m.) October 28 -30, 2019 — 8 a.m. to 5 p.m. (28 -30 de octubre de 2019 — 8 a.m. to 5 p.m) October 31 and November 1, 2019 — 7 a.m. to 7 p.m. (31 de octubre y 1 de noviembre de 2019 — 7 a.m. to 7 p.m) St. Francis by the Lake October 21 -25, 2019 —8 a.m. to 5 p.m. Episcopal Church (21 -25 de octubre de 2019 — 8 a.m. to 5 p.m.) 121 Spring Mountain Dr. October 26, 2019 — 7 a.m. to 7 p.m. Canyon Lake, Texas 78133 (26 de octubre de 2019 — 7. a. m. to 7 p. m) October 28 -30, 2019 — 8 a.m. to 5 p.m. (28 -30 de octubre de 2019 — 8 a.m. to 5 p.m) October 31 and November 1, 2019 — 7 a.m. to 7 p.m. (31 de octubre y 1 de noviembre de 2019 — 7 a.m. to 7 p.m.) Comal County Offices - October 21 -25, 2019 —8 a.m. to 5 p.m. Bulverde Annex (21 -25 de octubre de 2019 — 8 a.m. to 5 p. m) 30470 Cougar Bend October 26, 2019 — 7 a.m. to 7 p.m. Bulverde, Texas 78163 (26 de octubre de 2019 — T a.m. to 7 p.m) October 28 -30, 2019 — 8 a.m. to 5 p.m. (28 -30 de octubre de 2019 — 8 a.m. to 5 p.m) October 31 and November 1, 2019 — 7 a.m. to 7 p.m. (31 de octubre y I de noviembre de 2019 — 7 a.m. to 7p.m) Garden Ridge City Hall October 21, 22 and 24, 2019 — 8 a.m. to 4 p.m. 9400 Municipal Parkway (21, 22, y 24 de octubre de 2019 — 8 a.m. to 4 p.m) Garden Ridge, Texas 78266 October 23 and 25, 2019 — 8 a.m. to 5 p.m. (23 y 25 de octubre de 2019 — 8 a.m. to 5 p.m) October 26, 2019 — 7 a.m. to 7 p.m. (26 de octubre de 2019 — 7.a.m. to 7 p.m.) October 28 -30, 2019 — 8 a.m. to 5 p.m. (28 -30 de octubre de 2019 — 8 a.m. to 5 p.m) October 31 and November 1, 2019 — 7 a.m. to 7 p.m. (31 de octubre y I de noviembre de 2019 — 7 a.m. to 7 p.m.) Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a.) Bobbie Koepp, Early Voting Clerk, 396 N. Seguin Ave., New Braunfels, Texas 78130. Applications for Ballots by Mail must be received no later than the close of business on October, 25, 2019. (Las solicitudes pars boletas que se votaran adelantada por correo deberan recibirse para el tin de las horas de negocio el 25 de octubre, 2019). EXHIBIT B COMAL COUNTY, TEXAS 2019 CONSTITUTIONAL AMENDMENT ELECTION and CITY OF SCHERTZ GENERAL /SPECLAL ELECTIONS (ELECCIONDE ENMIENDAS CONSTITUCIONAL DE 2019 ENEL CONDADO DE COMAL, TEXAS Y CIUDAD DE SCHERTZ ELECIONES GENERALES / ESPECIALES) ELECTION DAY POLLING LOCATIONS (DIA DE LA ELECCIONLUGARES DE VOTACION) Election Day: November 5, 2019 (Dia de la Eleccion: 5 de noviembre de 2019) Election Day Polling Locations Open from 7:00 a.m. to 7:00 p.m. (El Dia de la Eleccion los lugares de votacion estarkn abiertos desde las 7 a.m. hasta las 7 p.m) Comal County will be usin {= Vote Centers for the November 5, 2019 General and S }ecial Elections. Any Comal County registered voter may vote at an,, Comal County- Election Day Location, rep-ardless of the precinct in which he /she resides. tEl Condado de Comal utilizaM los Centeos de votacion Para las elecciones generales v es )eciales del 5 de noviembre de 2019. Cualquier votante registeado en el Condado de Comal puede votar en cualquierLugar del Dia de Eleccion del Condado de Comal, independientemente del recinto en el true reside.) VOTE POLLING PLACE ADDRESS CITY CENTER (LUGARDE VOTACIDN) (DIRECCION) ( CIUDAD) ( CENTRO DE VOTACI6N) VC #1 Comal County Senior Citizens Center 655 Landa New Braunfels VC #2 Christ Our King Anglican Church 115 Kings Way New Braunfels VC #3 Vintage Oaks Amenity Center Westside Community Center 1250 Via Principale New Braunfels VC #4 2932 S. IH 35 New Braunfels VC #5 Mammen Family Public Library 131 Bulverde Crossing Bulverde VC #6 Jay F. Feibelman Garden Ridge Community Garden Ridge 9500 Municipal Parkway Center VC #7 Bulverde /Spring Branch Fire & EMS 30475 Johnson Way Bulverde @Johnson Ranch VC #8 Comal County Courthouse 100 Main Plaza, Room New Braunfels 101 1297 Church Hill Dr. VC #9 ` Comal County Offices, Goodwin Annex New Braunfels -5- VOTE CENTER ( CENTRO DE VOTACION) POLLING PLACE (LUGARDE VOTACION) ADDRESS (DIRECC16N) CITY (CIUDAD) VC #10 Tye Preston Library 16311 South Access Rd. Canyon Lake VC #11 North Shore United Methodist Church 23880 N. Cranes Mill Rd. Canyon Lake VC #12 Christ Presbyterian Church 1620 Common Street New Braunfels VC #13 Rebecca Creek Baptist Church 11755 Highway 281 N Spring Branch CYNTHIA JAQUA CONAL COUNTY 396 N. Seguin Ave. • New Braunfels • Texas • 78130 (830) 22 1 -1352 Fax: ( 8 3 0 ) 608 -2013 e -mail: jaquac @co.comal.tx.us September 10, 2019 CITY OF SCHERTZ CONTRACT FOR ELECTION SERVICES November 5, 2019 General and Special Election This contract for election services made by and between City of Schertz hereinafter called ENTITY and Bobbie Koepp, Comal County Clerk, hereinafter called CONTRACTING OFFICER is based on the following: The ENTITY and CONTRACTING OFFICER have determined that it is in the public interest of the inhabitants of the ENTITY that the following contract be made and entered into for the purpose of having the CONTRACTING OFFICER furnish the ENTITY certain election services and equipment needed by the ENTITY for their November 5, 2019 General a n d S p e c i a l Election. Electronic voting equipment will be used, specifically the Hart DRE'S known as Verity Touch, Verity Access Touch, and Controller. DUTIES AND SERVICES OF THE CONTRACTING OFFICER: 1. Bobbie Koepp, Comal County Clerk, shall be designated and agrees to act as the Election Administrator and the Early Voting Clerk for the election, and shall conduct early voting in person and by mail. 2. Forward all information to vendor (Hart) for the Coding and Audio files for Verity Touch, Verity Access Touch, and Controller 3. Advertise, prepare, and conduct the Logic and Accuracy Tests as required by State Law. 4. Conduct Early Voting for Ballot by Mail at main Early Voting location 396 N. Seguin, New Braunfels, Texas 78130. 5. Provide training on conducting an election, with Hart Verity Touch, Verity Access Touch, Controller, and Knowink Poll Pads for all Early Voting and Election Day Page 1 of 6 workers. 6. Require HART to provide screen shot proofs for ENTITY's approval. 7. Procure and provide election supplies, including but not limited to the preparation, printing of ballots for Ballot by Mail requests, and distribution of sample ballots. 8. Prepare and provide adequate election equipment for the election (Hart Verity Touch, Verity Access Touch, Controller, and Knowink Poll Pads) 9. Prepare Early Voting and Election Day packets and supply bags for Early Voting and Election Day Polling Locations. 10. Provide the Official Registered Voter Lists for City of Schertz (Coma) County Voters) for use on Knowink Poll Pad. 11. Deliver all voting equipment Verity Touch, Verity Access Touch, Controller, and Knowink Poll Pads) and election supplies for Early Voting and Election Day to polling locations. 12. Ensure Election Judges return specified voting equipment and supplies from Early Voting after polls close on November 1, 2019. 13. Pick up all voting equipment (Verity Touch and Verity Access Touch) and election supplies for Early Voting and Election Day and return to Comal County Elections Office, 396 N. Seguin Ave., New Braunfels. 14. Ensure Election Judges return specified voting equipment and supplies from Election Day Polling Locations after polls close on November 5, 2019. 15. Recruit election judges and clerks for Early Voting and Election Day. 16. Election judges and clerks for Early Voting and Election Day will be compensated by CONTRACTING OFFICER and reimbursed by ENTITY. 17. Issue Writs of Election for election judges and notice of appointments to Presiding and Alternate Judges. 18. Procurement and payment of Early Voting Ballot Board personnel who will meet at the Comal County Elections Office, 396 N. Seguin Ave., New Braunfels, Texas 78130, on Election Day and other dates as prescribed by law to process Ballots by Mail and Provisional Ballots. 19. Set up the Central Accumulation Station and appoint personnel to tabulate the results of the Early and Election Day votes; provide Final Unofficial results for Canvass. 20. Provide overall administration and supervision of the election and advisory services. 21. Meet ADA requirements for the election, as the law relates to polling locations, voter assistance, and other ADA requirements, if any. Page 2 of 6 22. Reporting precinct results to the Secretary of State, if required. 23. Maintain election materials and paperwork in storage for the allotted time as prescribed by law. DUTIES OF THE ENTITY: Prepare all Election Orders and Notice of Election as required by law and prepare and publish the Notice of Election. 2. Provide the County Elections Office with ENTITY's ballot information, etc. ENTITY shall conduct its ballot position drawing on or about, September 26, 2019 at 5:15 p.m. and send the CONTRACTING OFFICER the ballot order so that it may be forwarded for Coding and Audio to Hart. ENTITY will be responsible for approving the screen shot proofs from Hart. 3. ENTITY shall be responsible for any loss and /or physical damage to the equipment while it is in ENTITY's possession and control. 4. Only the actual expenses directly attributable to the Contract may be charged. (Section 31.100(b), Texas Election Code) The County Elections Officer will submit the actual costs for items contracted for pursuant to this Contract with the ENTITY as soon as all invoices are received from the vendors. The ENTITY agrees to pay costs of the election within ten (10) ENTITY workdays of receipt of the statement. 1XI74,1114 :7 _ 11 Z T 60 &I 191►14 A. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications concerning this Agreement will be of no force or effect excepting a subsequent written modification executed by both parties. B. SEVERABILITY: If a court of competent jurisdiction determines that any term of this contract is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby; and each remaining term shall be valid and enforceable to the fullest extent permitted by law. C. CHOICE OF LAW AND VENUE: This agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue shall be in a court of competent jurisdiction in Comal County, Texas. Page 3 of 6 D. RELATIONSHIP OF THE PARTIES: Each party to this contract, in the performance of this contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. E. FORCE MAJEURE: In the event that CONTRACTING OFFICER shall be prevented from performing any of its obligations due under the terms of this contract by an act of God, by acts of war, riot, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto. CONTRACTING OFFICER shall be excused from such obligations beyond its control and undertakings set forth under the terms of this agreement. DATED this the 24tg day of September, 2019 BOBBIE KOEPP Comal County Clerk SEE ATTACHED ESTIMATE OF EXPENSES Page 4of6 NOTE: * *Equals 1% of Total Cost Page 5 of 6 SCHERTZ COST PER TOTAL ITEM QUANTITY ITEM TOTAL COST COST Rental of Hart Verity Touch and Verity Access Touch 6 -Early Voting and 13 - Election Day Locations * *100 $150.00 $15,000.00 $150.00 Rental of Controller (7 -Early Voting and 13- Election Day * *20 $150.00 $3,000.00 $30.00 Advertise Logic and Accuracy Testing in New Braunfels Herald Zeitung $49.00 $49.00 Logic and Accuracy Testing $50.00 $50.00 Coordinating and forwarding all election info to Hart, proofing eSlates Screen Shots, etc. $50.00 $50.00 Hart Coding and Audio Fees $1,546.00 $1,5.46.00 Night Results and prepare Canvass forms $100.00 $100.00 Kits * *20 $15.00 $300.00 $3.00 Storage of Election Paperwork for time prescribed by law $25.00 $25.00 Election Workers (Judges, Alternate Judges, and Clerks) Early and Election Day per location $51,942.00 $519.42 Hart Support for Election Day $2,950.00 $29.50 Security During Election $480.00 $4.80 Early Voting Ballot Board *1- Judge 4 - Clerks $1,248.00 $12.48 Processing Ballot by Mail Request, postage, etc. 50 $1.50 $75.00 $7.50 SUBTOTAL $76,815.00 $2,576.70 Administrative Costs (10% of Total) $7,681.50 $257.67 GRAND TOTAL $84,496.50 $2,834.37 NOTE: * *Equals 1% of Total Cost Page 5 of 6 Page 6 of 6