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2003-083S:u)ur Documm¢WNwencub3tDnnton C my Voting Equip ON.gac ORDINANCE NO. ~d~ - Q AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE RENTAL OF VOTING MACHINES, EQUIPMENT, SUPPLIES; PROGRAMMING FOR THE TABULATION OF VOTES AND THE ESTABLISHMENT OF A CENTRAL COUNTING STATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to conduct elections by using an electronic voting system and seeks the County of Denton's assistance in providing the necessary equipment and programming for the tabulation of results; and WHEREAS, the County of Denton is agreeable to the rental of equipment, the operation of a vote tabulation system for the City of Denton and to provide a Central Counting Station; and WHEREAS, the County of Denton and the City of Denton mutually desire to be subject to the provisions of the Interlocal Cooperation Act, V.T.C.A., Governmental Code Section 791.002 and contract pursuant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute an agreement between the City of Denton and the County of Denton providing for the rental of equipment and the providing of a Central Counting Station, a copy of such agreement being attached hereto and incorporated by reference herein. SECTION 2. That the City Manager or his designee is hereby authorized to make the expenditures and take the actions set forth in the attached agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the a54 day of V&4blt 12003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO D AS T LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Swur ~wimWunwcwmweumn ~Vnp Vauog Ewb STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR THE RENTAL OF EQUIPMENT, THE PROGRAMMING FOR THE TABULATION OF VOTES AND ESTABLISHMENT OF A CENTRAL COUNTING STATION WHEREAS, the City of Denton, Texas, herein referred to as City, and the County of Denton, Texas, herein referred to as County, are both local governments with the authority and power to contract; and WHEREAS, the City and the Denton Independent School District have contracted to have their annual election of council members and trustees to be held jointly and conducted by the City; and WHEREAS, the City desires to conduct the annual joint election by using an electronic voting system and seeks the County's assistance in the rental of necessary equipment and the operation of a Central Counting Station for counting ballots; and WHEREAS, the County is agreeable to renting equipment and operating a vote tabulation system for the City; and WHEREAS, the County and the City mutually desire to be subject to the provisions of the Interlocal Cooperation Act, V.T.C.A., Governmental Code Section 791.002 and to contract pursuant thereto; and WHEREAS, both parties have the authority to perform the governmental functions set forth herein; and WHEREAS, the City will make all payments for the services provided by the County from current revenues available to it and the County agrees that the compensation provided it herein is an amount that fairly compensates it for the services performed under this Agreement. NOW, THEREFORE, the County and City for the mutual consideration hereinafter stated, agree as follows: 1. Scope of Service The Denton County Election Administrator, hereinafter referred to as Election Administrator, agrees to establish a Central Counting Station and administer the operation of the Counting Station to tabulate the votes cast in the joint election in accordance with the provisions of the Texas Election Code, hereinafter referred to as Code, and as outlined in the Agreement. The Election Administrator also agrees to provide the necessary equipment for voting purposes. All ih~ S:Wur OocumrnuM uzcuiWm UOn Comfy voting Equip Conti iduo other matters associated with conducting the election shall be the responsibility of the City and the Denton Independent School District. 2. Electronic Voting System The City agrees that voting for the joint election will be by use of an electronic voting system approved by the Secretary of State in accordance with the Code. The Election Administrator will be responsible for the preparation of programs and the testing of the electronic voting system used for tabulating. The cost of supplies necessary to provide a complete system ready for operation, programming and testing of equipment used at the Central Counting Station, and other election equipment necessary for the proper conduct of the election, and using the electronic voting system for the election, will be determined by the Election Administrator and approved by the City. The Election Administrator agrees to establish a Central Counting Station to tabulate results as outlined in Section 4 of this Agreement. 3. Election Judges, Clerks, and other Election Personnel The Election Administrator will arrange for the selection of a Tabulation Supervisor and any other personnel necessary for the efficient tabulation of results at the Central Counting Station. The County personnel operating the Central Counting Station shall be fairly compensated in an amount fixed by the County with the approval of the City from current revenues available to the City but the total amount of all County services performed herein to be paid by the City shall not exceed Five Thousand Dollars ($5,000). All other judges and clerks necessary for the proper administration of the election will be compensated by the City. The parties hereto, in accordance with Section 127.002, 127.003 and 127.005 of the Code, appoint the following Central Counting Station officials: Manager - Denton County Election Administrator Tabulation Supervisor - Appointed by the Election Administrator Presiding Judge - Appointed by the City 4. Returns of the Election The Election Administrator will be responsible for establishing and operating the Central Counting Station to receive and tabulate the voting results in accordance with the provisions of the Code and of this Agreement. The complete control of the Central Counting Station will rest with the Manager of the Central Counting Station, in accordance with Section 127.002 of the Texas Election Code. Access to the Central Counting Station shall be determined by the Manager of the Central Counting Station and shall include but not be limited to the Manager of the Central Counting Station, the Tabulation Supervisor, the Presiding Judge of the Central Counting Station, the City Secretary, and any other official as deemed necessary by the Manager of the Central Counting Station or as provided by law. Page 2 ti s:wur OOOUwmuMnuwouwTOabn GUM' vd6n9 Equip Cnnwn.auo The Manager or his representative will deliver timely cumulative reports of the election results as precincts are tabulated. The Manager will be responsible for releasing cumulative totals and precinct returns from the election to the candidates, the press, and general public. The Denton County Election Department will prepare the unofficial canvass report 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, but in no event later than 10:00 a.m. the Monday following the election, and in time for the City to canvass the returns of the election in accordance with the Code. 5. Run-Off Election/Special Elections If a run-off election becomes necessary for the City, the run-off election will be held as provided by the Code. The Election Administrator will provide the same services for this election as are to be provided for regular elections. The provisions of this Agreement shall also apply to any special election the City shall hold in which the services of the County are required. 6. Liability The City agrees to and accepts full responsibility for the acts, negligence, or omissions of all of the City's employees, and agents, in performance of this Agreement with the County to the extent allowed by law. The County agrees to and accepts full responsibility for the acts, negligence, or omissions of all of the County's employees, and agents, in performances of this Agreement with the City to the extent allowed by law. It is further agreed that if a claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be home by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas, It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. 7. Governmental Function The fact that the County and the City accept certain responsibilities under this Agreement as a part of their responsibility for providing for orderly election in the County and City makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City nor the County waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. Page 3 S.Ww MCMWM\Gn cIelO3Nm UO yvoting FgWpCnu Laoc 8. Terms This Agreement shall become effective on the date of passage and shall be automatically renewed for successive additional one (1) year terms commencing on the date of approval unless the County or the City in writing on or before the first day of January prior to a successive term notifies the other party of its desire to terminate this Agreement. 9. Miscellaneous Provisions A. This Agreement represents the entire and integrated Agreement between the City and the County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and County. B. The Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. C. hi the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. D. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary ordinances, resolutions, or orders extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the a~ day of 2003. County of Denton, Texas Don Alexander Denton County Elections Administrator Qity of Denton, Texas U4tQ"&N;h E e B ck Mayor Attest: Jennifer Walters, City Secretary By. Approved as to Legal Form Herbert L. Prouty, City Attorney . flP~ Page 4