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HomeMy WebLinkAboutResolution - 2013-R0261 - Authorize Election Contracts, Associated Documents - 08/08/2013Resolution No. 2013-RO261 August 8, 2013 Item No. 5.26 RESOLUTION NO. 2013-R0261 WHEREAS, Chapter 31, Subchapter D, of the Texas Election Code authorizes the County's election officer to contract with the governing body of a political subdivision for joint election services in an election ordered by the political subdivision; and WHEREAS, Chapter 271 of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or a part of the same territory; and WHEREAS, the City of Lubbock desires to contract with the Lubbock County Election officer for election services for City elections; and WHEREAS, several other political subdivisions within Lubbock County also are conducting elections on the same day and are also contracting with the Lubbock County election official for election services; and WHEREAS, the City of Lubbock desires to conduct joint elections whenever possible with Lubbock County or with such governmental units of Lubbock County as are eligible and desire to conduct a joint election with the City of Lubbock as expressed by order, resolution or other official action for each particular uniform election date during the term of the contract; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the attached Contract for Election Services, by and between the City of Lubbock and the County of Lubbock, for election services, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council; and THAT "associated documents" include the Appointment of Bilingual Election Clerks and the list of Supervisors and Rovers for Election Day, November 5, 2013. THAT the said Contract for Elections Services shall be deemed a joint election agreement authorized by this Resolution with Lubbock County and those governmental units within Lubbock County that have executed a similar Contract for Election Services: that occupy all or part of the same territory as the City of Lubbock; that are conducting elections on the same uniform election dates: and that desire and are eligible to conduct a joint election with the City of Lubbock; and THAT the use of Countywide Polling Places is hereby authorized for elections held on the uniform election date; and THAT the City Secretary is hereby authorized and directed to make any necessary changes to the Election Notice,"Order exhibits or otherwise to take such actions as may be necessary to carry out the purposes of this Resolution. Passed by the City Council this 8th day of August , 2013 ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Re cca Garza, City Secr ary —) APPROVED AS TO FORM: f Sims,--X-SdS=rvity Attorney Reso.2103 Joint Election 8.7.13 Resolution No. 2013—RO261 THE STATE OF TEXAS § COUNTY OF LUBBOCK § CONTRACT FOR ELECTION SERVICES WITH LUBBOCK COUNTY, TEXAS FOR ALL JOINT ELECTIONS IN CALENDAR YEAR 2013 THIS CONTRACT made by and between LUBBOCK COUNTY, TEXAS, acting by and through Dorothy Kennedy, Lubbock County Elections Administrator, hereinafter referred to as "The Elections Administrator" (who has been duly qualified and bonded as provided for under law) and CITY OF LUBBOCK, a governmental entity organized under the laws of the State of Texas, hereinafter referred to as the "Entity" and by the authority of Section 31.092(a) of the Texas Election Code for the conduct and supervision of the Entity's elections called during the Entity's Calendar Year 2013. The Entity joins with any such other governmental units as are eligible and desire to conduct a joint election, as may be expressed by order, resolution or other official action of each of the governmental units. In the case of an Entity which is a school district, a joint election will be conducted with one or more municipalities, and/or with Lubbock County, Texas, in compliance with the requirements for school districts set forth in Chapter 11, Subchapter C, Section 11.01, of the Texas Education Code. RECITALS Any elections held by the entity will be at the expense of the entity. In the case of joint elections, common expenses will be divided between the parties on apro rata basis, calculated using the number of registered voters in each entity's jurisdiction. The election precincts of the Entity, which lie within the jurisdictional limits of Lubbock County (the "County"), have been established and may be re-established by the Entity as its election precincts pursuant to Section 42.061 of the Texas Election Code. The County owns the Hart InterCivic direct recording electronic voting system which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and the Entity desires to use the County's electronic voting system in its election 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 Lubbock County Elections Administrator shall assist, coordinate, supervise, and handle all aspects of administering the election as provided in this Contract in a manner consistent with all relevant law, codes, rules and regulations, including, without limitations, those functions set forth in Exhibit A. The Entity agrees to pay the Lubbock County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this Contract. The Lubbock County Elections Administrator shall serve as the administrator for the election; however, the Entity shall remain responsible for the lawful conduct of its election as regards those functions reserved to the Entity set forth in Exhibit A, as regards such additional administrative functions as the Entity may otherwise undertake to perform, and any functions which cannot be lawfully delegated to the Lubbock County Elections Administrator. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Entity; however, it shall be the responsibility of the Entity to obtain whatever legal opinion(s) it deems necessary, from the Entity's chosen legal counsel and at the Entity's sole cost and expense. The Lubbock County Elections Administrator will not provide legal advice to the Entity. II. LEGAL DOCUMENTS The Entity 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 its governing bodies. Preparation of the necessary bilingual materials for notices and the language of the official ballot shall also be the responsibility of the Entity; however, the Lubbock County Elections Administrator will provide assistance if requested. The Entity shall provide a copy of its election order and notice to the Lubbock County Elections Administrator no later than eighty (80) days prior to Election Day to facilitate preclearance by the Department of Justice. The Lubbock County Elections Administrator will assist the Entity in preparing and filing the submission, if any is required or desired, to the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended; however, the Entity shall remain legally responsible for that submission. III. VOTING LOCATIONS It is agreed that Election Day voting shall be held at the locations shown in the Election Order and Notice duly adopted by the Entity. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense. This Contract shall be deemed an agreement for a joint election with other governmental units in Lubbock County holding an election on the same day in all or part of the same territory and whose governing bodies have authorized said joint election by order, resolution, or other official action. 2 IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL Lubbock County shall be responsible for the initial selection of the presiding election judges and alternate election judges for the Entity's election. The Elections Administrator shall provide to the Entity a list of presiding j udges and alternate j udges for its election who shall be appointed by the Entity as required by law. 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 ensure that all election judges appointed for the Entity's 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 the presiding election judges to pick-up their election supplies. Each presiding election judge will be sent a letter (not later than the 15th day before election day, as required by Section 4.007 of the Texas Election Code) by the Elections Administrator notifying him of his appointment, the time and location of distribution of election supplies, and the number of election clerks that the presiding judge may appoint, including the required number of bilingual clerks. The Entity will be charged $12.62 per hour for each hour worked by each Presiding Election Judge, and $11.36 per hour for each hour worked by each Alternate Judge and Election Clerk. The Entity will be charged an additional $25.00 as flat -rate compensation to each Election Judge for returning the supplies and Judge's Booth Controller to the Central Counting Station after the polls close. The Entity will be charged $11.36 per hour for each hour worked by each Phone Bank Operator. The Entity will be charged $18.90 per hour for each hour worked by each Troubleshooter, plus mileage at the rate of $0.565 per mile traveled by each Troubleshooter. The Entity will be charged $12.62 per hour for each hour worked by each Deputy Early Voting Clerk (Lead Clerk). The Entity will be charged $11.36 per hour for each hour worked by each Early Voting Phone Bank Operator. The Entity will be charged $12.62 per hour for each hour worked by each Early Voting Troubleshooter, plus mileage at the rate of $ 0.565 per mile traveled by each Early Voting Troubleshooter. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. The Entity will be charged $12.62 per hour for each hour worked by part-time personnel working in support of the Early Voting Ballot Board and/or Central Counting Station on election night. Part-time personnel working in support of the Central Counting Station and/or Early Voting Ballot Board on election night will receive pay for at least four hours, minimum call for service, regardless of the actual hours worked. 3 The Entity will be charged $10.09 for each hour of training for all election workers (including Judges, Alternate Judges, Clerks, Phone Bank Operators and Troubleshooters.) The Entity will be charged for temporary personnel employed to conduct training classes at the rate of $13.88 per hour for the Lead Trainer and $11.36 per hour for Assistant Trainers. The Entity will be charged $10.00 for Election Day cell phone reimbursement for not more than two election workers per Election Day polling location and $2.00 per day during Early Voting. The Entity will be charged a time -and -half rate based on the hourly rate of all election workers/temporary workers employed in the positions specified above for any overtime worked in connection with any election covered under this Contract. The Entity will be charged a time -and -half rate based on the hourly rate of Lubbock County employees for any overtime worked to deliver, set up and pickup voting equipment, as well as the Logic and Accuracy Testing. It is agreed by the Entity that at all times and for all purposes hereunder, all election judges, clerks, and all other employees involved in this election are independent Contractors and are not employees or agents of Lubbock County or the Entity. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel to be an employee or agent of the County or the Entity, and all election personnel shall be entitled to none of the rights, privileges, or benefits of County employees or Entity employees except as otherwise may be stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or the Entity, unless considered a County or Entity employee as determined by the policies of Lubbock County or the Entity. V. SUPPLIES AND PRINTING The Elections Administrator shall arrange for the use of the direct recording electronic voting machines and supporting supplies and equipment and all other election supplies and related printing including, but not limited to, official ballots, sample ballots, ballot boxes, voter registration lists, and all forms, signs, maps, and other materials used by the election workers at the Early Voting and Election Day voting locations. The Entity shall furnish to the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the names or proposition(s) are to appear on the official ballot (including bilingual titles and text). This list shall be delivered to the Elections Administrator as soon as possible after the Entity has determined ballot positions. The Entity shall be responsible for proofreading and approving the official ballot before printing as well as approving the ballot screen prompts and audio recordings for the Direct Recording Electronic voting devices in both English and Spanish. 4 VI. EARLY VOTING The Entity agrees that the Election Administrator shall serve as the Early Voting Clerk in accordance with Section 31.097 of the Texas Election Code and agrees to designate the Office of the Elections Administrator, 1308 Crickets, Lubbock Texas, as the main Early Voting polling location. The Entity also agrees that the Elections Administrator's permanent county employees, during regular office hours, shall serve as deputy early voting clerks who shall serve without additional compensation; and that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary. It is agreed that Early Voting by personal appearance will be held at the locations, times and days shown in Exhibit B. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense. 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 Entity shall be forwarded immediately to the Elections Administrator for processing. The Elections Administrator shall provide the Entity with a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. The Entity will be responsible for releasing any early voting report numbers to Officials of the Entity and to the media. The Entity will also be responsible for releasing early voting report numbers to the general public and candidates of the Entity, if requested. The Elections Administrator and the Entity will comply with all lawful requests for the release of public information. 1i/IM�111ft! k,90111I►C : Il�I[Gyra 0.161 :Iff An Early Voting Ballot Board and, if needed, a Signature Verification Committee shall be created to process early voting results from the Entity's election. The Elections Administrator shall appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the Early Voting Ballot Board members and, if needed, the Signature Verification Committee members required to efficiently process the early voting ballots. The Entity will be charged $12.62 per hour for each hour worked by each member of the Early Voting Ballot Board and, if needed, the Signature Verification Committee. 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 Entity hereby appoints the following central counting station officials (or their duly appointed designee) in accordance with Sections 127.002 and 127.005 of the Texas Election Code: Counting Station Manager: Dorothy Kennedy, Elections Administrator Tabulation Supervisor: Charla Carpenter, Administrator Assistant for Elections Presiding Judge: Sabra Srader, Elections Coordinator The Counting Station Manager or her representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station as they are tabulated. The Counting Station Manager shall be responsible for releasing cumulative totals and precinct returns from the election to the Entity, prior to releasing such information to candidates, press, and general public by distribution of hard copies or electronic transmittals by facsimile (when so requested). After the Entity has had an opportunity to review the information, it will be posted to the County's web page located at www.co.lubbock.tx.us. The Elections Administrator will prepare the unofficial canvass reports after all ballots have been counted and will deliver a copy of the unofficial canvass to the Entity as soon as possible after all returns have been tabulated. At the time of the execution of this Contract, the parties hereto acknowledge that the Supreme Court of the United States' decision in Shelby County v. Holder disposed of previously -pending litigation to Senate Bill 14, and as a result, Texas voters are now required to show prescribed photo identification in order to vote. However, the parties further acknowledge their understanding that United States Attorney General Eric Holder has represented additional litigation will likely be forthcoming which could potentially impact the current voter identification requirement in Texas, thus necessitating conformity by the parties to this Contract. In any event, the Elections Administrator will deliver a copy of the unofficial canvass to the Entity no later than 5:00 p.m. of the eighth day following the election date. The Entity shall be responsible for the official canvass of its election. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code, unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to the Entity and the Secretary of State's Office. 3 IX. ELECTION EXPENSE AND ALLOCATION OF COSTS Any elections held by the Entity will be at the expense of the Entity. In the case of joint elections, common expenses will be divided between the parties on apro rata basis, calculated using the number of registered voters in each entities jurisdiction. The Entity agrees to reimburse Lubbock County for the actual costs of administering its election including, but not limited to, the actual costs of supplies, printing, programming, personnel, and polling place rental fees. The Entity agrees to reimburse Lubbock County for overtime wages and benefits paid to the permanent employees of the Elections Administrator for contractual duties performed outside the normal business hours of Lubbock County in accordance with Section 31.100(e) of the Texas Election Code. The Entity further agrees to pay Lubbock County an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION The Entity may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The Entity is fully liable for any expenses incurred by Lubbock County on behalf of the Entity plus an administrative fee of ten percent (10%) of such expenses should the Entity cancel its election for this or any reason. Any monies deposited with Lubbock County by the Entity shall be refunded, minus the aforementioned expenses and administrative fee if applicable. XI. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the election as authorized by Section 31.096 of the Texas Election Code. Access to the election records shall be available to the Entity 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, who 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 the Entity 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 Entity. 7 The Elections Administrator shall notify the Entity of the planned destruction of any records of the election prior to the records' destruction. XII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. The Entity 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 official of the Entity performing the duties of a secretary under the Texas Election Code, or its lawful designee, shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the Entity as necessary to conduct a proper recount. XIII. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Elections Administrator will assist the Entity in securing adequate polling places, rent free if available; however, it is the responsibility of the Entity to ensure that the polling places comply with current accessibility standards as set forth in the Americans With Disabilities Act as well as any state or local laws or ordinances. Accessibility compliance shall be at the Entity's expense. In the event that compliance cannot be achieved, the Entity agrees to indemnify the Elections Administrator and Lubbock County from any resulting liability, whether civil or criminal. XIV. MISCELLANEOUS PROVISIONS (1) It is understood that, to the extent space is available, other political subdivisions may wish to participate in the use of the County's election equipment, and it is agreed that the Elections Administrator may contract with such other political subdivisions for such purposes and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the participating authorities. (2) The Elections Administrator shall file copies of this document with the Lubbock County Treasurer and the Lubbock County Auditor in accordance with Section 31.099 of the Texas Elections Code. 3 (3) In the event that legal action is filed challenging the Entity's election, each party hereto shall defend its own actions, officials and employees. If it is determined that the actions of the Entity resulted in legal action against Lubbock County or the Lubbock County Elections Administrator or any additional election personnel, then the Entity shall provide, at its own expense, legal representation for the County, the Elections Administrator, and additional election personnel as necessary save and except in any instance whereby an unlawful or otherwise improper act or omission of the County, the Election Administrator or another Entity participating in the election has precipitated such legal action. Likewise, if it is determined that the actions of Lubbock County or the Lubbock County Elections Administrator or any additional election personnel engaged by the County resulted in legal action against the Entity, then Lubbock County shall provide, at its own expense, legal representation for the Entity as necessary save and except in any instance whereby an unlawful or otherwise improper act or omission of the Entity or another Entity participating in the election has precipitated such legal action. (4) The County and the Entity agree that under the Constitution and laws of the State of Texas, neither the County nor the Entity 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 accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lubbock County, Texas. (6) In the event one or 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 amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. 9 XV. FINANCIAL OBLIGATION AND PAYMENT The Entity agrees it is obligated to pay to Lubbock County all of the Entity's joint election charges, fees, expenses, and costs as set forth under the terms of this Contract, with the exact amount of the Entity's financial obligation under the terms of this Contract to be timely calculated after the joint election. The Lubbock County Elections Administrator agrees to timely provide an invoice of said financial obligation to the Entity following the joint election, and the Entity further agrees it shall pay to Lubbock County the balance due as soon as possible but not later than thirty (30) days after receipt of the invoice. In the event that the Entity disputes any portion of the charges, fees, expenses, and costs payable under this Contract, the Entity agrees to promptly pay the undisputed amounts when due. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. 10 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 the day of , 2013, been executed on behalf of Lubbock County by the Elections Administrator pursuant to the Texas Election Code, so authorizing; (2) It has on the 8th day of August , 2013, been executed on behalf of the Entity by its Mayor , pursuant to the authority of the City Council , so authorizing; FOR CITY OF LUBBOC : GL C. ROB TSON. MAYOR ATTFST: Rebe c�Garza, Secretary FOR LUBBOCK COUNTY: CONTRACTING OFFICER Dorothy Kennel Elections Admini trator APPROVED AS TO FORM: Am s, s t City Attorney APPROVED AS TO FORM: By: R. Neal Burt Assistant Criminal District Attorney, Civil Division Lubbock County Election Services Contract EXHIBIT A Responsibilities of the Parties I. Early Voting A. Lubbock County Elections Administrator's Responsibilities: 1. The Elections Administrator shall provide a list for presentation to the governing body of each Entity, containing a list of places, times and dates of early voting suitable for adoption by the governing body in accordance with Texas Election Code Chapter 85. 2. The Regular Early Voting Clerk for Lubbock County, Dorothy Kennedy, shall also serve as the Joint Early Voting Clerk for all joint elections. The Joint Early Voting Clerk will be responsible for the conduct of early voting by main and by personal appearance for all Lubbock County voters voting in the Joint Elections. The Joint Early Voting Clerk shall receive from each entity any applications for early voting ballots to be voted by mail in accordance with Title 7 of the Texas Election Code. The Joint Early Voting Clerk shall send early voting ballots by mail and receive early voting ballots for early voting by mail. The Joint Early Voting Clerk shall have authority to appoint such deputy early voting clerks as may be necessary to assist the Joint Early Voting Clerk with voting to take place at the joint early voting locations. 3. The Elections Administrator will determine the number of election workers to hire to conduct early voting in the Joint Election. The Joint Election Officer will arrange or contract for training for all election workers and will assign all election workers employed for early voting in the Joint Elections. The training of said election workers is mandatory; these individuals will be compensated for their time in training. The Elections Administrator will provide a training facility where election schools will be conducted to train election workers in employed in the conduct of early voting, including the mobile early voting programs, early voting by personal appearance at the main and all temporary branch early voting polling places, early voting by mail and other aspects of the early voting program for the Joint Elections. The Elections Administrator will name early voting deputies and clerks employed in the conduct of early voting. 4. The Elections Administrator will provide and deliver all supplies and equipment necessary to conduct early voting for the Joint Election, including but not limited to ballots, election forms, and necessary ramps, utility hook-ups, signs, registration lists and ballot boxes, to early voting polling places. The Elections Administrator will designate and confirm all early voting polling place locations. 5. The Elections Administrator will be responsible for the preparation and transportation of the electronic voting equipment necessary to conduct early voting. The Elections Administrator shall perform all tests of voting equipment as required but not limited to posting notice of equipment testing. 12 6. Pursuant to Sections 66.058 and 271.010 of the Election Code, the Entities appoint Dorothy Kennedy, Lubbock County Elections Administrator, as Joint Custodian of Records ("Joint Custodian") for the sole purpose of preserving all voted ballots securely in a locked room in the locked ballot boxes for the period for preservation required by the Election Code. 7. The Elections Administrator will receive ballot language in both English and Spanish from each participating Entity and format the ballots as needed to include said language. The County will provide each participating Entity with a final proof of ballot language for approval prior to the Logic and Accuracy Testing and the printing of ballots. Upon final approval, ballots shall be printed in an expedited timeframe so as to allow time for mailing of ballots for the Early Voting by Mail Program. 8. A single joint voter sign -in process consisting of a common list of registered voters and common signature rosters shall be used for early voting. A single, combined ballot and single provisional ballot box will be used. The Elections Administrator shall use Lubbock County's electronic voting system, as defined and described in Title 8 of the Texas Election Code, and agrees to use ballots that are compatible with such equipment. 9. The Elections Administrator will be responsible for the conduct of the Early Voting Ballot Board. The Elections Administrator shall designate a person to serve in the capacity of the Presiding Judge for the Early Voting Ballot Board and shall provide that information to the governing body of each participating Entity for entry of an order or resolution by that authority appointing this official. The Presiding Judge and clerks shall constitute the Early Voting Ballot Board and shall count and return early voting ballots, and perform other duties set for such board in accordance with the Election Code. 10. The Elections Administrator will be responsible to assist the participating Entities in preparing a Joint Elections Department of Justice Submission and submit a copy of said submission to each participating Entity. 11. The Elections Administration will be responsible to send out the Writ of Elections to the Judge and Alternate Judge for each polling location. B. Responsibilities of Participating Entities: 1. The participating Entities hereby appoint Dorothy Kennedy, Lubbock County Elections Administrator, as the Election Officer to perform or supervise the performance of the duties and responsibilities of Lubbock County involved in conducting the Joint Elections covered by this Contract. 2. Each of the Entities agrees to conduct its early voting jointly. Each of the Entities hereby appoints Dorothy Kennedy, Elections Administrator and Early Voting Clerk for Lubbock County, as the Early Voting Clerk for the Joint elections. Early voting for the Entities shall be conducted at the dates, times and locations to be mutually agreed upon by the Election Officer and authorized and ordered by the governing body of each participating Entity. 13 3. Each participating Entity will provide ballot language for their respective portion of the official ballot to the Elections Administrator in both English and Spanish. The Elections Administrator can assist with translations of orders, notices and ballot language with the actual cost being billed to the Entity. Any additions, modifications, deletions, or other changes to such ballot contents of language must be made by the Entity prior to the final proof approval by the Entity. The Elections Administrator will provide the participating Entity with a final proof of ballot language, as it is to appear on the ballot for final proof approval. Upon final proof approval, the ballot shall be programmed for the voting equipment in an expedited timeframe so as to allow ballot allocations. 4. Each participating Entity will provide the Elections Administrator with the name and contact information of a representative or representatives for the Entity who will appear at the Elections Office to proof the ballot on behalf of the Entity. 5. Each participating Entity will provide the Elections Administrator with the name and contact information of a representative or representatives for the Entity who will be responsible for attending and participating in the Public Logic and Accuracy Testing of the ballot (as required by the Election Code). The Elections Administrator will contact the designated representative(s) with the date and time of such testing. 6. Each Entity is responsible to post the Entity's own Election Notices and Election Orders. 7. The Entity is responsible to provide the Elections Administrator all contact information of the decision making person/persons for the Entity. II. Election Day A. Lubbock County Elections Administrator's Responsibilities: 1. The Elections Administrator shall designate and confirm all Election Day polling place locations for the joint elections, and shall forward such information to the participating Entities in a timely fashion to allow the governing body of the respective participating Entities to enter orders designating such polling places. 2. The Elections Administrator shall designate the Presiding Election Judge and the Alternate Presiding Election Judge to administer the election in the precinct in which a common polling place is to be used and shall forward such information to the participating Entities to allow the governing bodies of the respective participating Entities to enter appropriate orders designating such officials prior to the election. The Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters of the Lubbock County Election Precinct in which the joint election is held. All Election Workers shall be compensated at the rate established hereafter by Lubbock County. Compensable hours shall be determined in accordance with provisions of the Texas Election Code and other applicable laws. 3. One set of elections officials shall preside over the election in the precinct in which a common polling place is used. A single joint voter sign -in process consisting of a common list of registered voters, and common signature rosters shall be used in the precinct in which a 14 common polling place is used. A single, combined ballot and single provisional ballot box will be used. The officer designated by law to be the custodian of the voted ballots for Lubbock County shall be custodian of all materials used in common in the precinct where a common polling place is used. The Elections Administrator shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code and agrees to use ballots that are compatible with such equipment. 4. The Elections Administrator will arrange for training and will provide the instructors, manuals and other training materials deemed necessary for training all election workers. Training for all election workers is mandatory, and these individuals will be compensated for their time in training. 5. The Elections Administrator will arrange for Election Day voter registration lists for the Joint Elections. The County will determine the quantities of elections supplies needed for Election Day voting. 6. The Elections Administrator, by and through the Sheriffs, Maintenance, Road & Bridge, and Elections Office Departments of Lubbock County, will be responsible for the preparation and transportation of voting equipment and Election Day supplies for use on Election Day. 7. The final returns for each participating Entity shall be canvassed separately by each respective Entity. The Custodian of Election Records for Lubbock County, Dorothy Kennedy, Elections Administrator, shall maintain a return center on Election Day for the purpose of receiving returns for the participating Entities. Mrs. Kennedy will provide unofficial election results to the qualified individual appointed by each participating Entity. 8. On Election Day, the Joint Election Officer and/or the Elections Office Staff will field all questions from election workers through the phone bank personnel and troubleshooters. 9. The Elections Administrator shall make available, to voters who desire translation assistance, an individual capable of acting as a translator and speaking both English and Spanish languages who will assist Spanish speaking voters in understanding and participating in the election process. 10. The Elections office will submit the electronic reports of votes by precinct to the Secretary of State 30 days after the election. B. Participating Entities Responsibilities: 1. Prior to Election Day, each participating Entity will answer questions from the public with respect to the Entity's Election during regular office hours. III. Election Night A. Elections Administrator Responsibilities: 1. The Elections Administrator holds responsibility for all activities on election night 15 including, but not limited, to setting up a central counting station, coordinating and supervising the tabulation of results, coordination and supervision of the physical layout of the support stations that are receiving substations for the Joint Elections, and coordination and management of media coverage of the election. 2. The Elections Administrator will arrange for the transportation of the electronic voting equipment to the central counting station. 3. The Elections Administrator will appoint the Presiding Judge and Alternate Presiding Judge of the Central Counting Station to maintain order at the Central Counting Station, to administer oaths as necessary to receive sealed Judge's Booth Controllers (JBC), sealed provisional ballot boxes, and to perform other duties required by the Texas Election Code, and shall forward such information to each participating Entity in a timely fashion to allow the governing body of each Entity to enter appropriate orders designating such election officials prior to the election. These individuals shall be those hereafter appointed by the Elections Administrator to serve as Presiding and Alternate Judge of the Central Counting Station. In addition, the Elections Administrator shall appoint a Tabulation Supervisor to be in charge of the operation of the automatic tabulating equipment at the Central Counting Station, an individual to serve as Central Counting Station Manager and an Assistant Counting Station Manager to be in charge of the overall administration of the Central Counting Station and the general supervision of the personnel working at the Central Counting Station, and shall forward such information to each participating Entity to enter appropriate orders designating such election officials prior to the election. 4. The Elections Administrator shall provide the participating Entities with reasonable space in a public area adjacent to the Central Counting Station at which each participating Entity may have representatives or other interested persons present during the counting process. B. Entity Responsibility: 1. Other than receiving returns from the Elections Administrator, the participating Entities have no role or responsibility on the night of the election. 16 Lubbock County Election Services Contract EXHIBIT B (Early Voting Locations) NOTICE OF EARLY VOTING (NOTACIONDE VOTACIONADELANTADA) Early Voting by personal appearance for the November 5`h, 2013 General and Special Elections will be conducted at ALL EARLY POLLING LOCATIONS ON THE DATES, TIMES AND LOCATIONS LISTED BELOW: (Votacibn Adelantada para la Eleccidn General y Especial el dla 5 del mes de noviembre, 2013, sercin conducidas en TODOS LOS CENTROS ELECTORALES EN LAS FECHAS, HORARIOS Y LOCALIDADES LISTADOS DEBAJO:) Early Voting Dates: October 21" —November 15`, 2013 (Fecha de Votacibn Adelantada: 21 de octubre –1 de noviembre, 2013) Main Polline Place: (Lugar nrincinal de la votaci6n Lubbock County Elections Office Dates: October 215` –November 151, 8:00 a.m. – 8:00 p.m. (Oficina de Elecciones del Condado de Lubbock) (Fecha: 21 de octubre 1 de noviembre, 8:00 a.m. — 8:00 p.m.) Public Room (salon Publico) Except Sunday, October 27`h 1:00 p.m. – 6:00 p.m. 1308 Crickets Ave (1308 avenida crickets) (A menos el domingo, 27 de octubre /: 00 p.m. — 6:00 p. m.) ************************************************************************************** City of Lubbock, First Floor Dates: October 2151- November 1", 8:00 a.m. – 5:00 p.m. (Oficina Municipal de la Ciudad de Lubbock) (Fecha: 21 de ocnrbre 1 de noviembre, 8:00 a.m. — 5:00 p.m.) 1625 13`h St (1625 calle 13) Hours: 8:00 A.M. – 5:00 P.M. (horas) Except for Tuesday's, October 22"d & October 291h 8:00 a.m. – 8:00 p.m. (A menos los dos martes, 22 y 29 de octubre 8:00 a.m. — 8:00 p.m.) CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo) United Supermarkets—Locations listed below: Monday, October 21s'– Friday, November 15` 8:00 A.M. – 8:00 P.M. (lunes, 21 de octubre — viernes, 1 de noviembre 8: 00 A. M. — 8: 00 P. M.) Except Sunday, October 27`h 1:00 P.M. – 6:00 P.M. (A menos el domingo, 27 de octubre 1: 00 p. in. — 6:00 p. in.) 2630 Parkway Dr 4425 19`h St (19`h & Quaker Ave) Market Street 112 North University Ave 2703 82nd St (82nd & Boston Ave) 401 Slide Road (4`h & Slide) 8010 Frankford Ave (82nd & Frankford Ave) 1701 50`h St (50 & Ave Q) 4205 98`h St (98`h & Quaker Ave) Market Street Texas Tech University Dates: October 2151– November 15` Student Recreation Center Fecha: 21 de octubre 1 de noviembre (Universidad de Texas Tech) Hours: 8:00 A.M. – 8:00 P.M. (horas) (Centro de Recreaci6n para Estudiantes) EXCEPT SUNDAY, October 27`h, 1:00 P.M. – 6:00 P.M Texas Tech Campus (A menos el domingo, 27 de octubre 1: 00 p.m. - 6: 00 p.m.) (Campus de Texas Tech) Hartford Ave & Main St (Colles avenida Hartford y calle Main) Slaton ISD Administration Office Dates: October 2151- November 151 (Oficina de Administraci6n de las Escuelas Fecha: 21 de octubre — 1 de noviembre de Slaton) Hours: 8:00 A.M. – 8:00 P.M. (horas) 140 E Panhandle (140 calle Panhandle al Este) EXCEPT SUNDAY, October 27`h, 1:00 P.M. – 6:00 P.M Slaton (A menos el domingo, 27 de octubre 1: 00 p.m. - 6:00 p. m.) Page 1 of 3 ARY BRANCH EARLY V( (CENTROS ELECTORALES TEMPORARL4S PARA VOTACIONADELANTADA) Early Voting by personal appearance for the November 5`h, 2013, General and Special Elections of Lubbock County, will be conducted at the following TEMPORARY BRANCH POLLING LOCATIONS ON THE DATES AND TIMES LISTED BELOW: (Votacibn Adelantada para las Elecciones General y Especial del Condado de Lubbock, del dla 5 del mes de noviembre, 2013, sercin conducidas en los CENTROS ELECTORALES TEMPORARIAS EN LAS FECHAS, HORARIOS Y LOCALIDADES LISTADOS DEBAJO:) October 21, 2013 (21 de octubre, 2013) City of Wolfforth (City Hall) (Oficina Municipal de la Ciudad de Wolfforth) MONDAY (lunes) 302 Main St, Wolfforth (302 calle Main, Wolfforth) 8:00 a.m. — 5:00 p.m. Lubbock Manor 2101 Avenue Q (2 101 avenida Q) 10:00 a.m. — 2:00 p.m. October 22, 2013 (22 de octubre, 2013) Idalou Clubhouse (Centro Social de Idalou) TUESDAY (martes) 202 W 7th St, Idalou (202 calle 7 al Oeste, Idalou) 8:00 p.m. — 5:00 p.m. Town of Ransom Canyon (Oficina Municipal del Pueblo de Ransom Canyon) 24 Lee Kitchens Dr (24 calle Lee Kitchens Dr, Ransom Canyon) 8:00 a.m. — 5:00 p.m. October 23, 2013 (23 de octubre, 2013) Emeritus at Elmbrook Estates WEDNESDAY (miercoles) 530166" St (5301 calle 66) 10:00 a.m. — 2:00 p.m. New Deal ISD Administration Office (Oficina de Administrativa del Distrito Escolar Independiente de New Deal) 401 S Auburn St, New Deal (401 calle Auburn al Sur, New Deal) 8:00 a.m. — 4:00 p.m. October 24, 2013 (24 de octubre, 2013) Life/Run Center for Independent Living THURSDAY Queves) (Life/Run Centro para Vivir Independiente) 8240 Boston Ave (8240 avenida Boston) 8:00 a.m. —12:00 p.m. October 25, 2013 (25 de octubre, 2013) Shallowater City Hall (Oficina Municipal de Shallowater) FRIDAY (viernes) 801 Avenue G, Shallowater (801 avenida G, Shallowater) 8:00 a.m. -- 5:00 p.m. October 26, 2013 (26 de octubre, 2013) Carillon Senior Living Campus SATURDAY (sdbado) 1717 Norfolk Ave (/717 avenida Norfolk) 10:00 a.m. -- 4:00 p.m. Page 2 of 3 October 28, 2013 (28 de octubre, 2013) MONDAY (lunes) October 29, 2013 (29 de octubre, 2013) TUESDAY (martes) October 30, 2013 (30 de octubre, 2013) WEDNESDAY (miercoles) October 31, 2013 (31 de octubre, 2013) THURSDAY queves) November 1, 2013 (1 de noviembre, 2013) FRIDAY (viernes) University Medical Center (UMC) 602 Indiana Ave (602 avenida Indiana) 8:00 a.m. -- 8:00 p.m. Covenant Medical Center — Lobby (vestibulo) 3615 19`h St (3615 calle 19) 8:00 a.m. -- 8:00 p.m. Ventura Place 302654 h St (3026 calle 54) 9:00 a.m. --1:00 p.m. Lubbock Community Services for the Deaf (LCSD) 241434 1h St (2414 calle 34) 10:00 a.m. -- 12:00 p.m. Covenant Medical Center — Lakeside Garden Room (Basement) (Cuarto de ✓ardin Sotano) 400024 h St (4004 calle 24) 8:00 a.m. — 8:00 p.m. Abernathy City Hall (Oficina Municipal de Abernathy) 811 Avenue D, Abernathy (811 Avenida o, Abernathy) 8:00 a.m. — 5:00 p.m. Page 3 of 3