HomeMy WebLinkAboutResolution - 2007-R0130 - Contract For Election Services - Lubbock County - Joint Election - 03/26/2007Resolution No. 2007-RO130
March 26, 2007
Item No. 1.3
JOINT ELECTION RESOLUTION
WHEREAS, Chapter 31, Subchapter D, of the Texas Election Code authorizes the
governing body of a political subdivision with the County's election officer for 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
part of the same county; and
WHEREAS, the City of Lubbock desires to contract with the Lubbock County election
officer for election services for its May 12th, 2007, Special Election to fill a vacancy; 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 a joint election on May 12th, 2007,
with such governmental units as are eligible and desire to conduct a joint election with such other
governmental units as are eligible to conduct a joint election with the City of Lubbock as may be
expressed by order, resolution or other official action of said governmental units; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor
to execute the attached Contract for Election Services and any associated documents with
Lubbock County for the May 12th, 2007, City of Lubbock Special Election to fill a vacancy; and
THAT the said Contract for Elections Services shall be deemed a joint election
agreement authorized by this Resolution with those governmental units within Lubbock County
that are conducting an election on May 12th, 2007, and that desire and are eligible to conduct a
joint election with the City of Lubbock on May 12`h, 2007; 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 vote and approved this 26th day of March '2007.
DAVID A. MILLER, MAYOR C
ATTEST:
C%14 Secretary
APPROVED .AS FORM:
Iver, Attorney off' Counsel
ddlelect/Joi ntElectRes07-GB
March 23, 2007
Lubbock County Election Services Contract
EXMBIT Al
Functions Delegate to the Lubbock County Elections Administrator
Will deliver and pickup equipment
Will take care of mail ballots
Will give unofficial results for canvass
Tabulate Votes
Program Ballots
Election Workers
Early Voting Workers with recommendations from entities
Training of all election workers and personnel
Provide training materials for each election worker
Provide troubleshooters
Provide bilingual election workers as required by the Department of Justice.
Provide phone bank workers (early voting and election day)
Program and predefine early voting and Election Day equipment
Logic and Accuracy Testing
Public Testing
Hire and train early voting ballot board, central count personnel, signature verification committee.
Will notify voter by letter of any change of polling location — this is to be reimbursed by the entity at actual
cost.
Lubbock County Election Services Contract
EXHIBIT A2
Functions Reserved by the Entity.
Order and Notice of Election
Will provide Candidate Names and/or and Measures for ballot
Will provide order of Candidates and/or Measures
Translate ballot unless entity ask for assistance
Will provide an ADA compliant facility
Will publish all legal notices and documents that are required by law in English and Spanish.
Will prepare Justice Department Submission
Will translate all orders, notices, etc.
11
RESOLUCI6N SOBRE ELECCIONES CONJUNTAS
Resoluci6n No. 2007-RO130
POR CUANTO, el Capitulo 31, Subcapitulo D, del Codigo Electoral de Texas autoriza a la
junta directiva de una subdivision politica contratar con el oficial electoral del condado servicios
electorales en las elecciones ordenadas por dicha subdivision politica; y
POR CUANTO, el Capitulo 271 del C6digo Electoral de Texas establece la celebraci6n de
elecciones conjuntas cuando dos o mas subdivisions politicas que ocupan la totalidad o parte del
mismo condado requieren la celebraci6n de elecciones el mismo dia; y
POR CUANTO, la Ciudad de Lubbock desea contratar con el official electoral del Condado
de Lubbock servicios clectorales para celebrar elecciones especiales el 12 de mayo de 2007 para
cubrir una vacante; y
POR CUANTO, varias subdivisiones politicas dentro del Condado de Lubbock tambien van
a celebrar elecciones el mismo dia y tambien han contratado al official electoral del Condado de
Lubbock los servicios electorates; y
POR CUANTO, la Ciudad de Lubbock desea celebrar elecciones conjuntas el dia 12 de
mayo de 2007, con las unidades gubernamentales que lean elegibles y deseen celebrar elecciones
conjuntas con dichas otras unidades gubernamentales que scan elegibles para celebrar elecciones
conjuntas con la Ciudad de Lubbock, segue quedc expresado mediante Orden, resolution u otro
acto official de dichas unidades gubernamentales, AHORA POR LO TANTO:
EL CONCEJO MUNICIPAL DE LA CIUDAD DE LUBBOCK DISPONE:
QUE el Concejo Municipal de la Ciudad de Lubbock, mediante el presente documento,
autoriza y da instrucciones al Alcalde para cumplir el adjunto Contrato de servicios electorales y
demas documentos asociados, con el Condado para la celebraci6n de elecciones especiales el dia
12 de mayo de 2007, para cubrir una vacante; y
QUE dicho Contrato de servicios electorates sera considerado acuerdo de elecciones
conjuntas autorizado por esta Resoluci6n con aquellas unidades gubernamentales dentro del
Condado de Lubbock que celebren elecciones el dia 12 de mayo de 2007, y que deseen y sean
elegibles para celebrar elecciones conjuntas con la Ciudad de Lubbock el dia 12 de Mayo de
2007; y
QUE la Secretaria municipal, mcdiante este documento, queda autorizada y recibe
instrucciones para realizar los cambios que sean necesarios en el Aviso de Elections y Orden
adjuntos, y a tomar las medidas necesarias para llevar a Cabo los fines de esta Resoluci6n.
Aprobado mediante votaci6n este dia 26 de marzo de 2007.
/f/ David A. Miller
DAVID A. MILLER, ALCALDE
DOY FE:
/f/Rebecca Garza
Rebecca Garza, Secretaria Municipal
APROBADO EN CUANTO A FORMA:
/f/ Donald G. Vandiver
Donald G. Vandiver, Asesor legal
Sections 85.067 and 85.068 Resolution No. 2007-RO130
V.T.C.A., Election Code
Exhibit B (Exhibicion B)
NO'T'ICE OF EARLY VOTING
(noticia de votacion temprana)
Early Voting by personal appearance for the May 12u, 2007 Cities and Schools Elections will
be conducted at ALL EARLY POLLING LOCATIONS ON THE DATES, TIMES AND
LOCATIONS LISTED BELOW:
(Votacibn Temprana de manera personal para la conjunta Elecci6n Unifotme del 7 dia del mes de
noviembre, 2006 (General & Especial) ser,4n conducidas an TODOS LOS CENTROS ELECTORALES
EN LAS FECHAS, HORARIOS Y LOCALIDADES ENLISTADOS DEBAJO.)
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Early Voting Bates: April 301h — May 81h, 2007
(Feeha de Votacidn en Adeiantada: 30 de abril - 8 de mayo, 2007)
Main PollinL7 Place:
(Lugar principal de la votacion)
Lubbock County Elections Office All Early Voting Dates 8:00 A.M. — 8:00 P.M.
(Oficina de Elecciones del Condado de Lubbock) (Todos los dias de votacion en adelantada, 8.00 a.m. - 8:00 p.m.)
Public Room (salon Publico) EXCEPT SUNDAY, May 6th, 2007
1308 Crickets Ave (1308 avenida crickets) (a menos el domingo, 6 de mayo, 2007)
1:00 P.M. — 6:00 P.M.
Cltv of Lubbock, First Floor Dates: Mon, April 30th; Wed, May 2"d — Fri, May 4th;
1625 13t St Mon, May 7th
Lubbock, Texas Hours: 8:00 A.M. — 5:00 P.M. (horas)
(Fecha: 30 de abril; 1-4 de mayo; 7 de mayo;
lanes; miercoles - viernes; tunes)
Dates: Tues, May 1St & Tues, May 8th
(Fecha: martes, 1 y 8 de mayo)
Hours: 8:00 A.M. — 8:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
United Supermarkets—Locations listed below:
All 8:00 A.M. — 8:00 P.M.
Except Sunday, May 6`h, 2007 1:00 P.M. - 6:00 P.M.
(a menos el domingo, 6 de mayo, 2007 1: 00 p.m. - 6:00 p.m.)
2630 Parkway Dr 29th Dr & Brownfield Hwy
112 North University Ave 2703 82nd St (82nd & Boston Ave)
401 Slide Road (4th & Slide) 8010 Frankford Ave (82"d & Frankford Ave)
1701 50" St (50 & Ave Q) 4205 98" St (98th & Quaker Ave) Market Street
Texas Tech University Dates: April 30th — May 8th, 2007
Student Recreation Center Hours: 8:00 A.M. — 8:00 P.M. EXCEPT
Texas Tech Campus Sunday May 6th — 1:00 P.M. — 6:00 P.M.
Hartford Ave & Main St (Fecha: 30 de abril - 8 de mayo, 8 A.M. - 8:00 P.M.
Lubbock, Texas a mends del domingo, 6 de mayo 1:00 P.M- 6:00 P.M)
Revised 04-10-07 Page I of 5
Sections 85.067 and 85.068
V.T.C.A., Election Code
Abernathy City Hall Dates: Mon, April 30th, Wed, May 2nd — Fri, May 4th
811 Avenue D Mon, May 7th
Abernathy, Texas Hours: 8:00 A.M. — 5:00 P.M. (horas)
(Fecha: 30 de abril. 1-4 de mayo, 7 de mayo
tunes, miercoles – viernes, tunes)
Dates: Tues, May 1$t & Tues, May 8th
(Fecha: martes, I y 8 de mayo)
Hours: 8:00 A.M. -- 8:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Frenship ISD Administration Building Dates: April 30" — May 4th, 2007 (Mon — Fri)
300 Main St May 7" & 8th, 2007 (Mon & Tues)
Wolfforth, Texas (30 de abril a 4 de mayo, 2007 lunes a viernes)
(7y 8 de mayo, 2007 lunes y martes)
Hours: 8:00 A.M. — 4:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Idalou ISD Administration Building Dates: April 30`h — May 4th, 2007 (Mon —Fri)
601 Walnut St May 7" & 8`h, 2007 (Mon & Tues)
Idalou, Texas (30 de abril a 4 de mayo. 2007 lunes a viernes)
(7 y 8 de mayo, 2007 lunes y marten)
Hours: 8:00 A.M. — 4:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Lubbock -Cooper ISD Dates: April 30th — May 4th, 2007 (Mon —Fri)
Administration Building May 7`h & 8th, 2007 (Mon & Tues)
16302 Loop 493 (30 de abril a 4 de mayo, 2007 lunes a viernes)
Lubbock, Texas (7 y 8 de mayo, 2007 lunes y mortes)
Hours: 8:00 A.M. — 4:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Lubbock -Cooper North Elementary Dates: April 30th — May 4th, 2007 (Mon —Fri)
3202 108`1' St May 7th & 8th, 2007 (Mon & Tues)
Lubbock, Texas (30 de abril a 4 de mayo, 2007 lunes a viernes)
(7 y 8 de mayo, 2007 tunes y martes)
Hours: 8:00 A.M. 4:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Shallowater City Hall Dates: April 30th — May 4th, 2007 (Mon —Fri)
801 Avenue G May 7" & 8th, 2007 (Man & "Tues)
Shallowater, Texas (30 de abril a 4 de mayo, 2007 lunes a viernes)
(7 y 8 de mayo, 2007 lunes y mortes)
Hours: 8:00 A.M. — 5:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Revised 04-10-07 Page 2 of 5
Sections 85.067 and 85.068
V.T.C.A., Election Code
Slaton ISD Administration Office Dates:
April 30th — May 4`h, 2007 (Mon —Thurs)
140 E Panhandle
(30 de abril — 4 de mayo, 2007lunes jueves)
Slaton, Texas Hours:
8:30 A.M. — 4:30 P.M. (horas)
Dates:
May 4°h, 2007 (Friday) (viernes, 4 de mayo)
Hours:
8:30 A.M. — 4:00 P.M. (horas)
Dates:
May 7th — May 8th, 2007 (Mon & Tues)
(7 y 8 de mayo, 2007 tunes y mortes)
Hours:
8:30 A.M. — 4:30 P.M. (horas)
CLOSED SATURDAY & SUNDAY
(Cerrado sdbado y domingo)
TEMPORARY BRANCH EARLY VOTING LOCATIONS
CITIES AND SCHOOLS ELECTION. MAY 12T . 2007
CIUDADES Y ESCUELAS.12 DIA DEL MES DE MAYO, 1007
Early Voting by personal appearance for the May 12, 2007, Cities and Schools Elections will be conducted at the
following TEMPORARY BRANCH POLLING LOCATIONS ON THE DATES AND TIMES LISTED
BELOW:
(Votacian Temprana de manera personal del 12 dia del mes de mayo, 2007, las Elecciones de Ciudades y
Escuelas serdn conducidas en las siguientes SUCURSRLES ELECTORALES TEMPORALES EN LA'S
LOCALIDADES EN LRS FECHRS Y HORARIOS LISTADOS DEBAJO.')
April 30, 2007 Crestview Elementary School
MONDAY 6020 81" St
(30 de abril, 2007) Lubbock, Texas
(LUNES) 3:00 p.m. — 8:00 p.m.
Willow Bend Elementary School
8816 13" St
Lubbock, Texas
3:00 p.m. — 8:00 p.m.
May 1. 2007 Lakeside Rehabilitation & Care Center
TUESDAY 4306 24th St
(1 de mayo, 2007) 9:00 a.m. —11:00 a.m.
(MAR TES)
Frenship Middle School
500 Main St
Wolfforth, Texas
3:00 p.m. --10:00 p.m.
Westwind Elementary School
6401 43rd St
Lubbock, Texas
3:00 p.m. — 8:00 p.m.
Revised 04-10-07 Page 3 of 5
Sections 85.067 and 85.068
V.T.C.A., Election Code
May 2 2007
Wedgewood South
WEDNESDAY
9812 Vinton Ave
(2 de mayo, 1007)
Lubbock, Texas
(MIERCOLES)
9:00 a.m. —12:00 p.m.
University Medical Center
602 Indiana Ave
8:00 a.m. — 8:00 p.m.
May 5, 2007 Carillon Senior Living Campus
SATURDAY 1717 Norfolk Ave
(5 de mayo, 1007) Lubbock, Texas
(SABADD) 9:00 a.m. — 4:00 p.m.
May 3, 2007 North Ridge Elementary School
THURSDAY 6302 11`x' place
(3 de mayo, 2007) Lubbock, Texas
(JUE VES) 3:00 p.m. — 8:00 p.m.
Terra Vista Middle School
1111 Upland Ave
Lubbock, Texas
3:00 p.m. — 10:00 p.m.
Cottage Village
110 Frankford Ave
9:00 a.m. — 11:00 a.m.
May 7, 2007 Frenship High School
MONDAY FM 179 & 82n1 St
(7 de mayo, 200 7) Wolfforth, Texas
(LUNES) 3:00 p.m. — 10:00 p.m.
Bennett Elementary School
101 Donald Preston
Wolfforth, Tcxas
3:00 p.m. — 8:00 p.m.
Covenant Medical Center
3615 19`h St
8:00 a.m. — 8:00 p.m.
Revised 04-10-07 Page 4 of 5
Sections 85.067 and 85.068
V.T.C.A., Election Code
May 8,200 Frenship High School
TUESDAY FM 179 & 82nd St
(8 de mayo, 1007) Wolfforth, Texas
(MA RTES) 3:00 p.m. —10:00 p.m.
Covenant Medical Center -Lakeside
4004 24' St
8:00 a.m. — 8:00 p.m.
Revised 04-10-07 Page 5 of 5
"E%HI.B IT"C"
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Resolution No. 2007-RO130
CONTRACT FOR ELECTION SERVICES BETWEEN LUBBOCK COUNTY AND
THE CITY OF LUBBOCK, TEXAS
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
the City of Lubbock, Texas, 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 May 12, 2007, Special Election for filling a
vacancy on the City Council. The City of Lubbock joins with Lubbock County, Texas to conduct a
joint election on the issue pertaining to the amendment of the Constitution of the State of Texas, and
with such other governmental units as are eligible to conduct a joint election on May 12, 2007 as
may be expressed by order, resolution or other official action of said governmental units.
THIS CONTRACT is subject to the written approval of the Lubbock County Criminal.
District Attorney's Civil Division and shall not be binding on the parties until such written approval
is obtained. Upon written approval of the Lubbock County Criminal District Attorney and the
participating parties, this Contract shall be binding on said parties.
RECITALS
The Entity is holding an election for the purpose of filling a vacancy in the governing body of
the Entity (at the expense of the Entity) on May 12, 2007.
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 a 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. ADMMSTRATION
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 Al. The Entity agrees to pay 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 and set forth in Exhibit A2, 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 opinions 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.
H. 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. The Entity shall provide a copy of its election
order and notice to the Lubbock County Elections Administrator as soon as possible.
The Entity shall be responsible for making 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.
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.
IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
2
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 judges and alternate judges 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
presiding election judges to pickup their election supplies. Each presiding election judge will be
sent a letter (not later than the 15`x' 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 $8.75 per hour for each hour worked by each Presiding Election
Judge, and $8.75 per hour for each hour worked by each 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 $8.75 per hour for each hour worked by each Phone Bank Operator. The Entity will be
charged $15.00 per hour for each hour worked by each Troubleshooters plus mileage at the rate of
$0.445 per mile traveled by each Troubleshooter.
The Entity will be charged $8.75 per hour for each hour worked by each Deputy Early Voting
Clerk. The Entity will be charged $8.75 per hour for each hour worked by each Early Voting Phone
Bank Operator. The Entity will be charged $15.00 per hour for each hour worked by each Early
Voting Troubleshooter plus mileage at the rate of $ 0.445 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 $8.75 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.
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 an employee or agent of
3
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.
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 Avenue G, 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.
4
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.
VII. EARLY VOTING BALLOT BOARD
An Early Voting Ballot Board and 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 Signature Verification Committee 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 Entity hereby appoints the following central counting station officials in accordance with
Sections 127.002 and 127.005 of the Texas Election Code:
Counting Station Manager: Dorothy Kennedy, Elections Administrator
Tabulation Supervisor: Kevin Evans, Administrator Assistant for Elections
Presiding Judge: Ruth Martinez, 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 and 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
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all returns have been tabulated, but in no event later than 5:00 p.m. of the seventh 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.
IX. ELECTION EXPENSE AND ALLOCATION OF COSTS
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(c) 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 the 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
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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.
The Elections Administrator shall notify the Entity of the planned destruction of any records
of the election prior to the record's destruction.
XII. SPECIAL ELECTIONS
The Entity understands and agrees that the cost estimates provided within this contract are
for the Entity's special election.
XIII. 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.
XIV. 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 and
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, Texas from any resulting liability, whether civil or criminal.
XV. MISCELLANEOUS PROVISIONS
(1) It is understood that to the extent space is available, that 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
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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) 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.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
It is estimated that the Entity's obligation under the terms of this Contract shall be as
specified in Exhibit C hereto. The Entity agrees to pay to Lubbock County a deposit of
approximately sixty (50) percent of the total estimated obligation of the Entity to the County under
this Contract. An explanation of these estimated expenses is attached hereto as Exhibit C. It is
understood by the Entity that the actual expenses for this election may exceed the estimate. It
is further understood by the Entity that this estimate is based on the participation of other
Entities in this election. If one or more of these other Entities chooses not to participate, or if
they cancel their election as allowed by law, their share of the total election expenses will be
distributed among the other participating Entities. The required deposit shall be paid to Lubbock
County within 10 days after the Entity's execution of this Contract. The exact amount of the Entity's
obligation under the terms of this Contract shall be calculated after the election. If the amount of the
Entity's obligation exceeds the amount deposited, the Entity shall pay to Lubbock County the
balance due as soon as possible but not later than thirty (30) days after receipt of the invoice;
however, if the amount of the Entity's obligation is less than the amount deposited, the County shall
refund to the Entity the excess amount paid as soon as possible but not later than forty-five (45) days
after the election. In the event that the Entity disputes any portion of the charges, fees or costs
payable under this Contract, the Entity agrees to promptly pay the undisputed amounts when due.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.
we
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 27th day of March , 2007 been executed on behalf
of Lubbock County by the Elections Administrator pursuant to the Texas Election
Code, so authorizing;
(2) It has on the 26th day of March , 2007 been executed on behalf
of the Entity by its Mayor, pursuant to the authority of the City Council, so
authorizing;
CITY OF LUBBOCK-
DAVID A. ,LER, MAYOR
ATTEST:
APPROVED AS TO FORM:
a
C4 Secretary Do andiver, Attorney of bounZil
LUBBOCK COUNTY:
CONTRACTING OFFICER
orothy Kenne
Elections Admi ' trator
dde1ect/JointE1ectCon07-G13
APPROVED AS TO
By _
John
CiviVDivision
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