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Res 079-2016 8/2/2016 RESOLUTION NO. _79-2016__ Resolution authorizing the City Manager to execute an agreement with the Wichita County Clerk’s Office to conduct a Joint Election on November 8, 2016 WHEREAS, the City of Wichita Falls (City) and Wichita County (County) will hold elections on November 8, 2016; and, WHEREAS, it is the desire of the City of Wichita Falls and Wichita County to conduct a joint election to reduce the costs of the election and to make it easier for voters to cast their ballots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached Joint Election Agreement between the City of Wichita Falls and Wichita County hereby approved and the City Manager is authorized to execute said agreement for the City of Wichita Falls. PASSED AND APPROVED this the 2nd day of August, 2016. ______________________________ M A Y O R ATTEST: ___________________________ City Clerk THE STATE OF TEXAS COUNTY OF WICHITA KNOW ALL MEN BY THESE PRESENTS: CONTRACT FOR JOINT ELECTION CITY OF WICHITA FALLS THIS AGREEMENT is made and entered into by and between the duly appointed Wichita County Clerk and the City of Wichita Falls and by authority of Texas Election Code 271. for the conduct of a joint election. This contract must be signed and returned to Wichita County Clerk before any actions listed will be conducted. THIS AGREEMENT is entered into in consideration of the mutual covenants and agreements hereinafter set out. IT IS AGREED TO AS FOLLOWS: 1. WICHITA COUNTY CLERK in connection with conducting the JOINT WICHITA COUNTY/CITY OF WICHITA FALLS election, shall assume the following responsibilities: (A) Prepare lists of registered voters in the City of Wichita Falls. (B) Establish common Early and Election Day polling stations. (C) Select Early Voting, Election Day, and Ballot Board workers. (D) Order and distribute supplies for Early Voting and Election Day. (E) Conduct training on the electronic voting machines. (F) Program and test electronic voting machines for Early Voting and Election Day. (G) Post notice of the test of the electronic voting machines. (H) Deliver and set up electronic voting machines for Early Voting and Election Day. (I) Print and process ballots for Early Voting by mail. (J) Tabulate ballots voted by mail and in person for Early Voting and Election Day. (K) Prepare daily reports for early voting and total reports for final results. (L) Perform any and all other duties as necessary required under the Texas Election Code in order to conduct the West Rusk Consolidated School District Election. (M) Act as Early Voting Clerk for the joint election. (N) Act as general custodian of the election records as authorized by Section 271.010 of the Texas Election Code. II. City of Wichita Falls, in connection with conducting the joint Wichita County/City of Wichita Falls election, shall assume the following responsibilities and shall directly bear any attendance cost for the same: (A) Post notices of election. (B) Deliver to the Contracting Officer as soon a s possible, but not later than 73 days before the election, the proposition, issues, and/or candidate’s names to be printed on the ballot with the exact wording, spelling, and order that is to be used on the official ballot. (C) Comply with all deadlines set by Secretary of State as pursuant to Texas Election Code and Vender responsible for the printing of paper ballots and programming for electronic voting. (D) Prepare any necessary submission to Department of Justice. (E) Compensate Wichita County for election expenses as set out in itemized cost estimate (Exhibit A). III. GENERAL CONDITIONS (A) The applicable number of voting precincts plus Early Voting station for Early Voting by mail and by personal Appearance will be tabulated for the joint Wichita County/City of Wichita Falls election. (B) The City of Wichita Falls shall attend a training conducted by the county on the use of the electronic voting machines. (C) The Wichita County Elections Department will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the City of Wichita Falls as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. (C) The City of Wichita Falls agrees to save and hold harmless the County Elections Department of Wichita County, Texas from any and all claims made that arise out of the failure or omission of the City of Wichita Falls to perform its obligations under this contract. (D) Wichita County agrees to save and hold harmless the City of Wichita Falls from any and all claims made arising out of the failure or omission of the County Elections Department of Wichita County, Texas, to perform their obligations under this contract. (E) The contracting officer shall file copies of this contract with the County Treasurer and County Auditor of Wichita County, Texas, and the City of Wichita Falls will maintain a copy of the contract at its City Clerk’s office. (F) This contract shall bind and benefit the respective parties and their legal successors and shall not be assignable, in whole or in part, by any party without first obtaining written consent of the o9ther party. (G) Except as otherwise provided in this contract, this contract shall be subject to change and modification only with the written mutual consent of each of the parties hereto. (H) This contract shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third party. (I) This contract embodies and does constitute the entire agreement between the parties and there are no prior effective representations, warranties, or agreements between the parties. This contract shall supersede all prior agreements between the parties regarding the subject matter hereof. (J) The parties agree that this contract shall not be construed in favor of or against any party on the basis that the party did or did not author this contract. IV. ELECTION EXPENSES AND ALLOCATION OF COSTS (A) It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that Wichita County may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participates according to Section VI of this contract. (B) The allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the cost per Election Day polling place. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. (C) Costs for Early Voting by Personal appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro- rata portion of the actual costs associated with the early voting sites. (D) Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. (E) Each participating authority agrees to pay Wichita 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. (F) The Wichita County Election Department shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. V. WITHDRAWAL (A) Any participating authority may withdraw from a joint election should it cancel its election in accordance with Sections 2.051-2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by Wichita County on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. (B) Deadline to cancel elections will fall on 61st day before Election Day. (Day after deadline for political subdivision to order election.) VI. COST OF THE ELECTION The exact amount of each participating authority’s obligation under the terms of this contract shall be calculated after the election. The City of Wichita Falls shall pay to Wichita County the balance due within 30 days after the receipt of the final invoice from Wichita County. VII. This contract is made and performable in Wichita County, Texas. SIGNED AND EXECUTIVED THIS THE ______ DAY OF __________________. 20____ APPROVED: _______________________________________ Wichita County _______________________________________ City of Wichita Falls