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Resolution 2019-051 1 1 RESOLUTION NO. 2019-05(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING A JOINT ELECTION CONTRACT BY AND BETWEEN THE CITY OF WYLIE, WYLIE INDEPENDENT SCHOOL DISTRICT, COLLIN COLLEGE, AND THE COLLIN COUNTY ELECTIONS ADMINISTRATOR FOR ADMINISTRATION OF THE MAY 4, 2019 WYLIE GENERAL ELECTION FOR THE CITY'S VOTERS RESIDING IN COLLIN COUNTY. WHEREAS, the City Council of the City of Wylie wishes to contract with Collin County Elections Administrator, Bruce Sherbet to administer the May 4, 2019 General Election as referenced in the contract which is attached as Exhibit "A", and WHEREAS, Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants and cost savings to the taxpayers. The Election Code allows and encourages cities and school districts to contract with any county within its incorporated city limits for the administration of local elections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an Agreement by and between the City of Wylie, Wylie Independent School District, Collin College, and the Collin County Elections Administration for the Administration of the May 4, 2019 Wylie General Election for Collin County Voters. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 26th day of February 201" ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2019-05(R) CCEA Election Administration Contract EXHIBIT "A" Contract for Election Services I Resolution No. 2019-05(R) CCEA Election Administration Contract May 4, 2019 Joint General & Special Election Contract for Election Services City of Wylie/Wylie ISD 1 May 4, 2019 Joint General & Special Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of City and School District III Cost of Election IV Joint General Agreement V .General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Vote Centers Exhibit C .Cost of Services Exhibit D .Joint General Agreement 1 1 May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 2 1 THE STATE OF TEXAS COUNTY OF COLLIN CITY - SCHOOL WYLIE CONTRACT FOR ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the "SCHOOL DISTRICT," and BRUCE SHERBET, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 4, 2019 Joint General & Special Election and a City Runoff Election, if necessary, on June 8, 2019. An additional cost estimate, early voting calendar, and Election Day polling place schedule will be prepared should a Runoff Election be necessary. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Ballot Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each Vote Center. The presiding election judge of each Vote Center, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 3 will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar); calendar will be provided. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the Central Counting Station. c. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. 1 May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 4 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and election supply cabinets. 2. Supplies include smart cards, sample ballots, provisional forms, maps, labels, pens, tape, markers, etc. C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 4, 2019, Joint General & Special Election shall be conducted during the time period and at the locations listed in Exhibit "A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 5 d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. D. The Contracting Officer shall arrange for the use of all Election Day Vote Centers. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the Vote Centers. The Election Day Vote Centers are listed in Exhibit "B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be Patty Seals. a. The Tabulation Supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1 May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 —Page 6 1 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this retention period. Pending no litigation and if the City or School District does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. Any "debt obligation election order" required by Section 3.009 of the Texas Election Code shall be prepared by the City or School District and delivered to the Contracting Officer by no later than the 30th day prior to Election Day, but the Contracting Officer assumes the responsibility of making the posting required by Section 4.03(f)(1) of the Texas Election Code. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Friday, March 8, 2019. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 7 a. The City and School District shall deliver to the Contracting Officer as soon as possible, but no later than 5:00 PM Thursday, February 21, 2019, the official wording for the City and School District's May 4, 2019, Joint General & Special Election. b. The City and School District shall approve the "blue line" ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit "C" for required services. F. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, April 5, 2019. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2300 Bloomdale Rd. #3138 McKinney, Texas 75071 Made payable to: "Collin County Treasury" with the note "for election services" included with check documentation. G. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit "C." IV. JOINT GENERAL AGREEMENT. See Exhibit "D". 1 May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 8 1 V. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 4, 2019, Joint General & Special Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 4, 2019, Joint General & Special Election. All actual shared cost incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 4, 2019, Joint General & Special Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE DAY OF 2019. Bruce Sherbet Collin County, Texas May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 9 WITNESS BY MY HAND THIS THE DAY OF 2019. By: Attest: Eric Hogue, Mayor Stephanie Storm, City Secretary City of Wylie City of Wylie WITNESS BY MY HAND THIS THE DAY OF 2019. By: Attest: Dr. David Vinson, Superintendent Mitch Herzog, Board President Wylie Independent School District Wylie Independent School District 1 May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 10 1 Exhibit "A" MAY 4, 2019 JOINT GENERAL & SPECIAL ELECTION Early Voting Locations and Hours City of Wylie & WISD* Polling, Place Address . City Collin County Election Office (Main Early Voting Location) 2010 Redbud Blvd., #102 McKinney Smith Library 300 Country Club Drive Wylie Sunday Monday Tuesday Wednesday Thursday Friday . Saturday April 21 April 22 Sam — 5pm April 23 8am — 5pm April 24 8am — 5pm April 25 8am - 7pm April 26 8am - 5pm April 27 8am - 5pm April 28 April 29 7am — 7pm April 30 7am — 7pm May 1 May 2 May 3 May 4 7am — 7pm Election Day * City and School District voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 11 Exhibit "B" MAY 4, 2019 JOINT GENERAL & SPECIAL ELECTION Election Day Vote Centers — City of Wylie & WISD* 1 Precincts Location Address City "VOTE CENTER" Smith Library 300 Country Club Drive Wylie *City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. May 4, 2019 Joint General & Special Election — City of Wylie & WISD 02/01/19 — Page 12