19-745•
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A JOINT ELECTION
AGREEMENT AND CONTRACTDENTON COUNTY FOR ELECTION SERVICES
• " THE DENTON• • FOR
4, BEING HELD SATURDAY, MAY 4,2019, AND IF APPLICABLE A RUNOFF ELECTION
ON JUNE 8,2019, AT A TOTAL ESTIMATED COST OF $77,493.12; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on February 5, 2019, the Denton City Council ordered an election to be held
on Saturday, May 4, 2019, for the purpose of electing Council Members to Districts 1, 2, 3, and 4;
and
underWHEREAS, it is the desire of the Denton City Council to continue contractual services
with Denton County for the administration of its general election as done in the past as well as any
runoff election, if applicable, that may result once the general election has been canvassed;
♦ - r contract,Denton
A ♦ • be responsible forperforming duties under♦ ♦•- including but
riot limited to the following:
Coordinating, supervising and handling all aspects of the Joint Election as provided in the
agreement;
Selecting and arranging for the use of and payment for all Early Voting and Election Day
voting locations;
Appointing the presiding judge and alternate judge for each polling location for Election
Day;
Arranging for the training and compensation of all election judges and clerks;
Employing other personnel necessary for the proper administration of the election;
Appointing other deputy early voting clerks to assist in the conduct of early voting;
Arranging for all election supplies and voting equipment;
Serving as Early Voting Clerk;
Appointing an Early Voting Board to process early voting results;and
Establishing and operating the central counting station to receive and tabulate the voted
ballots.
WHEREAS, the City Council deems it is in the public interest to enter into the joint election
agreement and contract with Denton County contemplated above; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
I
Sl,,'C,',1j0N 2. 'I'lic Cilly Maiiager, or [iis desigiiee, is hereby authorized to execute the Joint Election
Agrectnc�'it ,ii°id Coiitr,icf f'or I.,"Ieclimi Services with, Denton County in the form attached hereto as
Exhibit "A" and made part of this Ordinance for all purposes.
SECTION.1. This ordinance shall become effective immediately upon its passage and approval.
'I'lic iiiol-iop to aj)provc this ordinance was tyladc b�y
Z114 ��' L aiid
--I', .. . . ....... . .... . . ............
seconded by 2 the ordinance was passed and approved by
. ........................ ............................................................................ . . . . . . . . . . . . . . . . .
the following vote
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely Briggs, District 2:
V"'
Don Duff, District 3:
John Ryan, District 4:
......
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the /��i;X' day of
. . . . . .......... . ...............
CHIOS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
— --------------- —
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY-
19,
THE STATE OF TEXAS COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
This CONTRACT for election services is made by and between the Denton County Elections
Administrator and the following political subdivisions, herein referred to as "participating authority or
participating authorities" located entirely or partially inside the boundaries of Denton County:
Participating Authorities:
ARGYLE
BARTONVILLE
CORINTH
DENTON
FORT WORTH
FRISCO ISD
KRUGERVILLE
LAKE DALLAS ISD
LEWISVILLE ISD
LITTLE ELM ISD
PILOT POINT
PLANO
PROSPERISD
SOUTHLAKE
ARGYLE ISD
COPPER CANYON
CROSS ROADS
FLOWER MOUND
FRISCO
JUSTIN
KRUM ISD
LEWISVILLE
LITTLE ELM
NORTHWEST ISD
PILOT POINT ISD
PROSPER
SANGERISD
TROPHY CLUB
This contract is made pursuant to Texas Election Code Sections 31.092 and 271,002 and Texas
Education Code Section 11.0581 for a joint May 04, 2019 election to be administered by Frank
Phillips, Denton County Elections Administrator, hereinafter referred to as "Elections Administrator."
RECITALS
Each participating authority listed above plans to hold a General or Special Election on May 04,
2019. Denton County plans to hold county -wide voting for this General Election.
The County owns the Hart InterCivic Verity Voting System, which has been duly approved by the
Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with
the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions (participating authorities) desire to use the County's
voting system and to compensate the County for such use and to share in certain other expenses
connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271
of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all
parties, IT IS AGREED as follows:
Page 1 of 14
I. ADMINISTRATION
The participating authorities agree to hold a "Joint Election" with Denton County and each other in
accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections
Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election
as provided in this agreement. Each participating authority agrees to pay the Elections Administrator
for equipment, supplies, services, and administrative costs as provided in this agreement. The
Elections Administrator shall serve as the administrator for the Joint Election; however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary
for the lawful conduct of its election. The Elections Administrator shall provide advisory services in
connection with decisions to be made and actions to be taken by the officers of each participating
authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County's
Verity voting system and polling places, and it is agreed that the Elections Administrator 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
participants according to Section XI of this contract.
II. LEGAL DOCUMENTS
Each participating authority 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 the participating authority's governing body, charter, or ordinances,
except that the Elections Administrator shall be responsible for the preparation and publication of all
voting equipment testing notices that are required by the Texas Election Code. Election orders
should include language that would not necessitate amending the order if any of the Early Voting
and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of
each participating authority, including translation to languages other than English. Each
participating authority shall provide a copy of their respective election orders and notices to the
Elections Administrator.
III''. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Early Voting
and Election Day voting locations. Voting locations will be, whenever possible, the usual voting
location for each election precinct in elections conducted by each participating authority, and shall
be compliant with the accessibility requirements established by Election Code Section 43.034 and
the Americans with Disabilities Act (ADA). All Early Voting and Election Day voting locations shall
be within the boundaries of Denton County. The proposed voting locations are listed in Attachment
A of this agreement. In the event a voting location is not available or appropriate, the Elections
Page 2 of 14
Administrator will arrange for use of an alternate location. The Elections Administrator shall notify
the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the May 04, 2019 joint election are different from the polling place(s) used by a
participating authority in its most recent election, the authority agrees to post a notice no later
than May 3rd, 2019 at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivision's polling place names and
addresses in effect for the May 04, 2019 election. This notice shall be written in both the English and
Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge
for each polling location. The Elections Administrator shall make emergency appointments of
election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in
recruiting polling place officials who are bilingual (fluent in both English and Spanish). In
compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing
more than 5% Hispanic population as determined by the 2010 Census shall have one or more
election officials who are fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend
a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or
recruit a bilingual worker, the participating authority or authorities served by that polling place shall
be responsible for recruiting a bilingual worker for translation services at that polling place.
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 insure
that all election judges appointed for the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges
and clerks. The Election judges and clerks who attend voting equipment training and/or procedures
training, shall be compensated at the rate of $10 an hour. Election judges and clerks that elect to
complete online training shall be compensated as a rate of a flat $30. In the event that as Election
judge or clerk completes both in person and online training, they shall be compensated for the
training resulting in the highest pay and will not be compensated for both trainings.
The Elections Administrator shall arrange for the date, time, and place for presiding election judges
to pick up their election supplies. Each presiding election judge will be sent a letter from the
Elections Administrator notifying them of their appointment, the dates/times and locations of training
and distribution of election supplies, and the number of election clerks that the presiding judge may
appoint.
Page 3 of 14
Each election judge and clerk will receive compensation at the hourly rate established by Denton
County pursuant to Texas Election Code Section 32.091. The election judge, or their designee, will
receive an additional sum of $25.00 for picking up the election supplies and equipment prior to
Election Day and for returning the supplies and equipment to the central counting station after the
polls close. Likewise, the Lead Clerk in Early Voting, or their designee, will receive an additional
sum of $25.00 for picking up the election supplies prior to the first day of Early Voting and for
returning the supplies and equipment to the Elections Department after Early Voting has ended.
The compensation rates established by Denton County are:
Early Voting — Lead Clerk ($12 an hour), Clerk ($10 an hour)
Election Day — Presiding Judge ($12 an hour), Alternate Judge ($11 an hour), Clerk ($10 an hour)
The Elections Administrator may employ other personnel necessary for the proper administration of
the election, as well as, pre and post election administration. In such cases, costs shall be pro -rated
among participants of this contract. Part-time help is included 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. Part-time personnel working in
support of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Denton County in accordance with Election Code Sections
87.005, 127.004, and 127.006.
If elections staff is required outside of the hours of the office's normal scope of business, the
entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator will
determine when those hours are necessary, the number of staff and whom are necessary, along with
to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staff's
hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as
they see fit.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including,
but not limited to, the County's Verity voting system and equipment, official ballots, sample ballots,
voter registration lists, and all forms, signs, maps and other materials used by the election judges at
the voting locations. The Elections Administrator shall ensure availability of tables and chairs at
each polling place and shall procure rented tables and chairs for those polling places that do not
have tables and/or chairs. Any additional required materials (required by the Texas Election Code)
must be provided by the Participating Authority, and delivered to the Elections Office thirty-three (33)
calendar days (April 1, 2019) prior to Election Day. If this deadline is not met, the material must be
delivered by the participating authority, to all Early Voting and Election Day locations affected, prior
to voting commencing. The Elections Administrator shall be responsible for conducting all required
testing of the voting equipment, as required by Chapters 127 and 129 of the Texas Election Code.
Page 4 of 14
At each polling location, joint participants shall share voting equipment and supplies to the extent
possible. The participating authorities shall share a mutual ballot in those precincts where
jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where
jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter
registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each Participating Authority shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in which
the authority's ballot is to be printed). Said list must, r i d. g tl a ENec�r�s Offi within
h e- 9J3).-b %nIT s mm !s foll win h l a fi r f wr a place +cn the ball or after the election
is ordered, whichever is later. Said list must be in a Word document, the information must be in an
upper.:and lower case format, be in Arial 12 point font, and contain candidate contact
information for the purposes of verifying the pronunciation of each of the candidates' names.
Each participating authority shall be responsible for proofreading and approving the ballot insofar as
it pertains to that authority's candidates and/or propositions. Each participating authority shall be
responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that
authority's candidates and/or propositions. The approvals must be finalized with the Elections
Office within five (5) calendar days of receipt of the proofs, or the provided proofs shall be
considered approved.
The joint election ballots shall list the County's election first. The joint election ballots that contain
ballot content for more than one joint participant because of overlapping territory shall be arranged
with the appropriate school district ballot content appearing on the ballot following the County's
election, followed by the appropriate city ballot content, and followed by the appropriate water
district or special district ballot content.
Early Voting by Personal Appearance and on Election Day shall be conducted exclusively on
Denton County's Verity voting system including provisional ballots.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the
voting equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant employees
upon hiring as required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election
Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the
Texas Election Code. Each participating authority agrees to appoint the Elections Administrator's
permanent county employees as deputy early voting clerks. The participating authorities further
Page 5 of 14
agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the
conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas
Election Code. Deputy early voting clerks who are permanent employees of the Denton County
Elections Administrator or any participating authorities shall serve in that capacity without additional
compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in
Attachment B of this document. Any qualified voter of the Joint Election may vote early by personal
appearance at any one of the joint early voting locations. All requests for Temporary Early Voting
Locations will be considered, and determined based on the availability of sites and if it is within the
Election Code parameters. All costs for temporary sites including coverage by Election
Administration staff will be borne by the requesting authority. The Elections Administrator will
determine when those hours are necessary, the number of staff and whom are necessary along with
to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staffs
hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as
they see fit.
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 participating authorities shall be
forwarded immediately by fax or courier to the Elections Administrator for processing. The address
of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Email: elections@dentoncounty.com
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots
that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting Clerk
at the Denton County Elections Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, TX 76208
Email: elections@dentoncounty.com
The Elections Administrator shall post on the county website each participating authority's early
voting report on a daily basis and a cumulative final early voting report following the close of early
voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the
Page 6 of 14
previous day's early voting activity will be posted to the county website no later than 8:00 a.m. each
business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results
from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator,
shall appoint two or more additional members to constitute the EVBB. The Elections Administrator
shall determine the number of EVBB 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 agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of
the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator
Presiding Judge: Early Voting Ballot Board Judge
Alternate Judge: Early Voting Ballot Board Alternate Judge
The counting station manager or their representative shall deliver timely cumulative reports of the
election results as precincts report to the central counting station and are tabulated by posting on the
Election Administrator's Election Night Results website. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants,
candidates, press, and general public by distribution of hard copies at the central counting station (if
requested) and by posting to the Election Administrator's Election Night Results website. To ensure
the accuracy of reported election returns, results printed on the tapes produced by Denton County's
voting equipment will not be released to the participating authorities at the remote collection sites or
by phone from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been
counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as
possible after all returns have been tabulated. The Elections Administrator will include the tabulation
and precinct -by -precinct results that are required by Texas Election Code Section 67.004 for the
participating authorities to conduct their respective canvasses. Each participating authority shall be
responsible for the official canvass of its respective election(s), and shall notify the Elections
Administrator, or their designee, of the date of the canvass, no later than three days after Election
Day.
The Elections Administrator will prepare and deliver by email to each participating authority, the
Page 7 of 14
electronic precinct -by -precinct results reports for uploading, by the authority, to the Secretary of State
as required by Section 67.017 of the Election Code.
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 each
Participating Authority and the Secretary of State's Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNT
Each participating authority with territory containing population outside of Denton County agrees
that they Elections Administrator shall administer only the Denton County portion of those elections,.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through
its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall
automatically extend unless the participating authority notifies the Elections Administrator in writing
within three (3) business days of the original election.
Each participating authorities shall reserve the right to reduce the number of early voting locations
and/or Election Day voting locations in a runoff election.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the
votes from the May 04, 2019 election and to conduct its drawing for ballot positions at or immediately
following such meeting in order to expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff
election, if necessary, shall be Saturday, June 8, 2019, with early voting being held in accordance
with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation
of the costs, unless specifically stated otherwise, is mutually agreed to be shared according to a
formula which is based on the number of registered voters within the district per Elections 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.
It is agreed that the charges for Election Day judges and clerks and Election Day polling place rental
fees shall be directly charged to the appropriate participating authority rather than averaging those
costs among all participants.
If a participating authority's election is conducted at more than one Election Day polling place, there
Page 8 of 14
shall be no charges or fees allocated to the participating authority for the cost of the Election Day
polling place in which the authority has fewer than 50% of the total registered voters served by that
polling place, except that if the number of registered voters in -all-of the authority's polling places is
less than the 50% threshold, the participating authority shall pay a pro-rata share of the cost
associated with the polling place where it has the greatest number of registered voters.
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 an equal
portion of the actual costs associated with the early voting sites located within their jurisdiction.
Participating authorities that do not have a regular (non -temporary) early voting site within their
jurisdiction shall pay an equal portion of the nearest regular early voting site.
Costs for Early Voting by mail shall be allocated according to the actual number of ballots mailed to
each participating authority's voters.
Each participating authority agrees to pay the Elections Administrator 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.
The Denton County Elections Administrator 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,
The Denton County Elections Administrator reserves the right to adjust the above formulas in
agreement with an individual jurisdiction if the above formula results in a cost allocation that is
inequitable.
If any participating authority makes a special request for extra Temporary Branch Early Voting by
Personal Appearance locations as provided by the Texas Election Code, that entity agrees to pay
the entire cost for that request.
Participating authorities having the majority of their voters in another county, and fewer than 500
registered voters in Denton County, and that do not have an Election Day polling place or early
voting site within their Denton County territory shall pay a flat fee of $400 for election expenses.
Election expenses, including but not limited to, overtime charges for Election Office staff, and any
unforeseen expenses needed to conduct the election, will be borne by the participating authority or
authorities, affected.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the 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 the Denton County Elections Administrator on
behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any
Page 9 of 14
monies deposited with the Elections Administrator by the withdrawing authority shall be refunded,
minus the aforementioned expenses and administrative fees, if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or
more of the remaining participating authorities, with the exception of the early voting site located at
the Denton County Elections Building, may be dropped from the joint election unless one or more of
the remaining participating authorities agreed to fully fund such site(s). In the event that any early
voting site is eliminated under this section, as addendum to the contract shall be provided to the
remaining participants within five days after notification of all intents to withdraw have been received
by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all
records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority 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 or
at an alternate facility used for storage of county records. The Elections Administrator 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 each participating authority 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 appropriate participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this
document, the presiding officer of the contracting participating authorities agree 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 participating authority's official or employee who
performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as
necessary to conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
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It is understood that to the extent space is available, other districts and political subdivisions
may wish to participate in the use of the County's election equipment and voting places, and it
is agreed that the Elections Administrator may contract with such other districts or 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 Denton County
Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas
Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any
other party and/or other election personnel for a breach of this contract or a violation of the
Texas Election Code.
4. This agreement 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 Denton County, Texas.
5. In the event that one of more of the provisions contained in this Agreement 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 agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
6. 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.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or
be construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all
parties hereto.
9. Failure for a participating authority to meet the deadlines as outline in this contractor on the
calendar (Attachment C) may result in additional charges, including but not limited to, overtime
charges, etc.
10. Elections Staffing Hourly Rate (includes all benefit pay):
Absentee Voting Coordinator
Voter Registration Clerk
Technology Resources Coordinator
Elections Technician
Voter Registration Coordinator
$29.464
$22.926 - $24.718
$32.400
$21.309 - $24.718
$30.442
Page 11 of 14
Training Coordinator $31.158
Election Coordinator $31.962
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is
listed below. The exact amount of each participating authority's obligation under the terms of this
agreement shall be calculated after the May 04, 2019 election (or runoff election, if applicable). The
participating authority's obligation shall be paid to Denton County within 30 days after the receipt of
the final invoice from the Denton County Elections Administrator.
The total estimated obligation for each participating authority under the terms of this agreement shall
be provided within 45 days after the last deadline for ordering an election:
Actual # Billed #
Estimated
Deposit
Political subdivision
Polls
Polls
Cost
Due
ARGYLE
2
0.5
$5,218.49
$0.00
ARGYLE ISD
4
1.0
$7,728.77
$0.00
BARTONVILLE
1
0.5
10,460.64
$0.00
COPPER CANYON
1
0.5
$6,424.89
$0.00
CORINTH
1
1.0
$12,546.71
$0.00
CROSS ROADS
1
0.5
$6,496.42
$0.00
DENTON
12
10.0
$77,493.12
$0.00
FLOWER MOUND
2
1.0
$13,493.44
$0.00
FORT WORTH
1
0.5
$5,211.92
$0.00
FRISCO
4
2.0
$22,019.48
$0.00
FRISCO ISD
4
1.0
$18,257.09
$0.00
JUSTIN
1
0.5
$5,190.93
$0.00
KRUGERVILLE
1
0.5
$6,445.90
$0.00
KRUM ISD
5
1.0
$13,623.29
$0.00
LAKE DALLAS ISD
2
1.0
$12,985.13
$0.00
LEWISVILLE
2
0.5
$8,623.48
$0.00
LEWISVILLE ISD
9
5.0
$62,491.29
$0.00
LITTLE ELM
3
0.5
$7,490.56
$0.00
LITTLE ELM ISD
5
2.0
$13,854.05
$0.00
NORTHWEST ISD
5
1.33
$12,430.64
$0.00
PILOT POINT
1
0.5
$6,569.27
$0.00
PILOT POINT ISD
1
0.5
$6,661.93
$0.00
Page 12 of 14
Political subdivision
PLANO
PROSPER
PROSPER ISD
SANGER ISD
SOUTHLAKE
TROPHY CLUB
Polls
Polls
Cost
Due
0.5
$10,630.39
$0.00
0.5
$6,305.90
$0.00
1
0.5
$6,301.77
$0.00
3
1.0
12,958.88
$0.00
1
0.33
$4,411.66
$0.00
1
0.33
$4,707.99
$0.00
TOTAL 76 27 $387,034.03 $'M
Page 13 of 14
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit:
(1) |thas onthe 25thday ofMarch, ZU19been executed bythe Denton County Elections
Administrator pursuant totheTexasUec±imnCmdes0authoridng:
(Z) |(haaomtfie_/y,',3�,�ayof ��l�6eenexeoahedombe&a�fmfdheCbyofQmwton,
Texas pursuant toanaction ofthe Denton City Council suauthorizing;
ACCEPTED AND AGREED TOaYoENTONCOUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
Frank Phillips, CERA
ACCEPTED AND AGREED TO BY THE CITY OF DENTON, TEXAS:
APPROVED:
TODD HILEMAN, CITY MANAGER
'Z74 6
Approved autolegal form:
LEAL,CITY ATTORNEY
ROSA RIOS, CITY SECRETARY
Up.
M,
Page 14 of 14