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2011-044 RES CANVASSING THE RETURNS FOR THE MAY 14, 2011 GENERAL ELECTION FOR COUNCIL DISTRICTS 4 & 7RESOLUTION NO. 2011-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 14, 2011, GENERAL ELECTION FOR COUNCIL DISTRICTS 4 AND 7; DECLARING THE WINNERS IN SAID ELECTION; ACKNOWLEDGING THE RESULTS OF P1tIOR COUNCIL ACTION DECLARING THE UNOPPOSED CANDIDATE FOR DISTRICT 5 ELECTED TO OFFICE; ORDERING A RUNOFF ELECTION FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO DISTRICT 7; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 24, 2011, by Resolution No. 2011-003, the City Council of the City of Paris ordered the regular municipal election for the City of Paris to be held on May 14, 2011, by the qualified voters in Districts 4, 5, and 7 of the City of Paris, for the purpose of electing City Council Members from said Districts; and, WHEREAS, the City Clerk, being the authority responsible for having the official ballot prepared, has previously certified, in writing, that the candidate for election as City Council Member for District 5 was unopposed for election to office with no write-in candidates being declared; and, WHEREAS, on April 11, 2011, the City Council of the City of Paris, Texas, enacted Ordinance No. 2011-007, pursuant to the authority granted under Section 2.053 Texas Election Code, and declared Matt Frierson the unopposed candidate from District 5 elected to office and cancelled the election for District 5; and, WHEREAS, as required by order of the District Court of the United States for the Eastern District of Texas, Paris Division, in Civil Action No. P-75-3-CA, and as provided in the City Charter of the City of Paris and the laws of the State of Texas, such election was conducted and held at the specified and designated polling places for Districts 4 and 7 and early voting was conducted at the Lamar County Courthouse Annex, of the City of Paris, Texas; and, WHEREAS, on May 14, 2011, pursuant to Resolution No. 2011-003, the general election was held by the qualified voters of Districts 4 and 7 of the City of Paris, Texas, for the purpose of electing a person to serve as City Council Member for City Council Districts 4 and 7 for the ensuing two (2) years; and, WHEREAS, Richard Grossnickle was the candidate receiving the majority of the votes cast at the regular election for Council District 4; and WHEREAS, no candidate received more than fifty (50) percent of the votes cast in City Council District 7, therefore a runoff election will be held on June 18, 2011 for City Council District 7; and 1 WHEREAS, sealed returns of said election for Districts 4 and 7, made by the duly appointed and designated election officials of and for the respective voting box, having been made to the Mayor and City Council of the City of Paris, as required by law, which returns after due and deliberate review and canvass thereof, show the results as summarized herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That in Council Districts 4 and 7 a total of 809 votes were cast for candidates for Council Member positions as follows: (1) IN COUNCIL DISTRICT 4, A TOTAL OF 120 VOTES WERE CAST FOR COUNCIL MEMBER FROM DISTRICT 4 AS FOLLOWS: Early Vo 'n Election Dav Total Richard Grossnickle 44 19 63 Robert 0. Zimmerman 10 7 17 Jeff Higgins 21 19 40 (2) IN COUNCIL DISTRICT 7, A TOTAL OF 689 VOTES WERE CAST FOR COUNCIL MEMBER FROM DISTRICT 7 AS FOLLOWS: Early Votin~ Election Day Total Kenneth E. Kohls 87 76 163 Rhonda Rogers 144 98 242 A.J. Hashmi 170 114 284 Section 3. That, from the above and foregoing canvass of the returns of the votes in City Council District 4 for the respective voting box in such election, it is declared and determined that Richard Grossnickle is the person receiving the majority number of votes cast at such election for Council Member from District 4 and is therefore elected to serve as a Council Member from District 4 and a member of the City Council of the City of Paris for the next ensuing two (2) years. Section 4. That in accordance with Ordinance No. 2011-007 (which, in compliance 2 with state law and the certification of the City Clerk, declared the unopposed candidate elected to office for Council District 5), the following Council Member has heretofore been previously declared elected to office, certified as having been authorized to serve in said position, and is hereby designated as Council Member for District 5 in accordance with state law for the next ensuing two (2) years, such term to begin immediately following the adoption of this resolution as follows: Council Member from District 5- Matt Frierson. Section 5. That a runoff election, in accordance with Section 97 of the City Charter, will be held on Saturday, June 18, 2011, for the purpose of electing one Council Member from District Seven by the qualified voters of District 7 of the City of Paris. The polling place designated for election day is Ramseur Baptist Church, 3400 Lamar Avenue, Paris, Texas. The polling location shall be open from 7:00 a.m. 7:00 p.m. the date of the election. The election will be conducted in accordance with the Contract for Election Services attached hereto as Exhibit "A." A drawing for the placement of the names on the ballot was conducted on May 18, 2011 and is attached hereto as Exhibit "B." Section 6. That early voting by personal appearance by any qualified City of Paris District 7 resident may be conducted at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Early voting by personal appearance for the June 18, 2011 Runoff Election will be conducted by the Lamar County Elections Administrator beginning on Monday, June 6, 2011 and continue through Tuesday, June 14, 2011, during normal business hours of 8:00 a.m. until 5:00 p.m. except on June 6, 2011 and June 7, 2011, when the hours will be from 8:00 a.m. to 8:00 p.m. Section 7. That applications for early voting ballot by mail shall be mailed to: Russ Towers, Early Voting Clerk, Lamar County Elections Administrator, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 8. That in accordance with Section 123.001 of the Texas Election Code, the Election Systems & Software direct recording electronic voting systems approved by the Secretary of State are hereby adopted for the runoff election on June 18, 2011. Section 9. That pursuant to the Contract for Election Services, the Lamar County Elections Administrator shall serve as Election Administrator for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials appointed by the Elections Administrator. Section 10. That in compliance with Section 271.006 of the Texas Election Code, Russ Towers, Lamar County Elections Administrator, will be appointed as Early Voting Clerk. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting by personal appearance at the Early Voting Polling Place, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 11. That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of inembers appointed in the manner stated in the 3 Contract for Election Services. Section 12. That such election shall be held in accordance with the laws of the State of Texas governing general and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein said Charter and ordinances do not conflict with state law and the above-described Order. Section 13. That the City Clerk of the City of Paris is hereby directed and instructed to cause the posting of a properly executed Notice of Election pursuant to this order of election, signed by the Mayor of the City of Paris and attested by the Ciry Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notices at the City Hall door, at the polling place designated above, which is within the district in which the election is to be held, not later than the fifteenth (15th) day before election day; further, a properly executed copy of such Notice of Election shall be published at least one time not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before election day in at least one (1) daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper certificate of publication. Section 14. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in regular meeting, at the City Hall of said City, on this 23rd day of May, 2011. ~ C---' Will Biard, Mayor ATTEST: ~ . ~ nice Eliis, CiYy Clerk APPROVED AS TO FORM: W. Kent McII r, ' Attorney 4 THE STATE OF TEXAS § § COUNTY OF LAMAR § CONTRACT FOR ELECTION SERVICES BETWEEN THE LAMAR COUNTY ELECTIONS ADMINISTATOR'S OFFICE AND THE CITY OF PARIS. THIS CONTRACT made by and between Lamar County, Texas, acting by and through Russell Towers, Lamar County Elections Administrator, hereinafter referred to as "The Elections Administrator" and THE CITY OF PARIS, 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 June 18, 2011 Runoff Election for the election of one Council Member to District 7 of the City of Paris. RECITALS The Entity is holding an election for the purpose of selection of one elected officer of the Entity (at the expense of the Entity) on June 18, 2011. The election precincts of the Entity, which lie within the jurisdictional limits of Lamar 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: 1. ADMINISTRATION The Lamar 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 laws, codes, rules and regulations, including, without limitations, those functions set forth in Exhibit A 1. The Entity agrees to pay Lamar County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this Contract. The Lamar County Elections Administrator shall serve as the administrator for the election; however, the Entity shall remain responsible for the lawful conduct of its election including, without limitation, those functions reserved to the Entity and set forth in Exhibit A2 and any functions which cannot be lawfully delegated to the Lamar County Elections Administrator. The Elections I EXHIBIT.~." 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 Lamar County Elections Administrator will not provide legal advice to the Entity. II. 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; as well as, the language of the official ballot. The Entity shall provide a copy of its election order and notice to the Lamar County Elections Administrator not later than siXty (60) days before the election, as provided for by Section 4.008 of the Texas Election Code. The Elections Administrator 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 location shown in the Election Order and Notice duly adopted by the Entity. In the event that the voting location is 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, togetherwith DOJ approval. This Contract shall be deemed an agreement for a joint election with other governmental units in Lamar 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, togetherwith DOJ approval. IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL Lamar County shall be responsible for the initial selection of the presiding election judges, alternate election judges and election clerks for the Entity's election. The Elections Administrator shall provide to the Entity a list of presiding judges, alternate judges and clerks 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. 2 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 pick up their election supplies. Each presiding election judge will be sent a letter (not later than the 15th day before election day, as required by Section 4.007 of the Texas Election Code) by the Elections Administratar 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. Each Presiding Election Judge and Election Clerk will receive $8.50 per hour for a maximum of 14 hours. The Presiding Election Judge or Election Clerk will receive an additional $25.00 as flat-rate compensation for delivering election returns and supplies to the Lamar County Elections Administrator's Office after the polls close. 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 Lamar 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 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 Lamar 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 showing the order and the exact manner in which the names or proposition(s) are to appear on the official ballot. 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. VL 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 as the main Early Voting polling location. The Entity also agrees that the Elections Administrator's permanent county employees, during regular office hours, 3 shall serve as deputy early voting clerks, 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 as determined by the Election Administrator. 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. Persons voting by mail will send their marked ballots to the Elections Administrator's Office. The Elections Administrator will be responsible far payment to all parties who have provided services, supplies and voting locations for the election. A contracting Entity shall not be liable to any third party by default of the Elections Administrator's Office in connection with holding the election, including failure by Lamar County or its Elections Administrator's Office to pay for services, supplies and voting locations for this election. The Elections Administrator's Office will set the dates for early voting to be open for two (2), twelve (12) hour days and five (5), nine (9) hour days. For the June 18, 2011 Runoff Election, the two (2), twelve (12) hour days for early voting will be conducted on June 6, 2011 and June 7, 2011. The five (5), nine (9) hour days for early voting will be conducted June S, June 9, June 10, June 13, and June 14, 2011. VII. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board 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 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 o the Texas Election Code: 4 Counting Station Manager: Russell Towers, Elections Administrator Tabulation Supervisor: Elections Systems & Software Site Support, if needed Presiding Judge: The Elections Administrator or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The Election Administrator shall be responsible for providing cumulative totals and precinct returns from the election to the Entity, prior to releasing the information to the candidates, press, or general public, by distribution of hard copies at the Central Counting Station or electronic transmittals by facsimile (when so requested.) IX. ELECTION RESULTS 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 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 Administratar 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. X. ELECTION EXPENSE AND ALLOCATION OF COSTS The Entity agrees to reimburse Lamar 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 Lamar 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 Lamar County in accordance with Section 31.100(e) of the Texas Election Code. The Entity further agrees to pay Lamar 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. The fee may not be less than $75.00. XI. TERMINATION The Elections Administrator's Office and each contracting Entity each have the right to terminate this agreement at any time upon written notice to the other party with payment of all outstanding bills for election services incurred priar to the date of the notice. In no case will a contract be terminated less than forty-five (45) days prior to an election or after receipt of the below mentioned partial payment as discussed in paragraph XVII. 5 XIL 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. XIII. 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 stared 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 election contest, investigation, litigation, or open records request, the Elections Administ7-ator 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. XIV. SPECIAL ELECTIONS The Entity understands and agrees that the cost estimates provided within this contract are for the Entity's general election and that any special election(s) called may increase the cost of the election. XV. 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. 6 XVI. 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 Lamar County, Texas from any resulting liability, whether civil or criminal. XVIL MISCELLANEOUS PROVISIONS A. 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 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. B. The Elections Administrator shall file copies of this document with the Lamar County Treasurer and the Lamar County Auditor in accordance with Section 31.099 of the Texas Elections Code. C. In the event that legal action is filed challenging the Entity's election, each party hereto shall defend its own actions, officials and employees. Provided, however, if it is determined that the legal action brought against Lamar County or the Lamar County Elections Administrator or any additional election personnel, is based solely on the negligent acts or the wrongful intentional actions of the entity, 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. D. 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. E. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. F. In the event one or more of the provisions contained in this Contract shall for any 7 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. G. 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. H. 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. 1. Any amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. XVIII. COST ESTIMATES AND DEPOSIT OF FUNDS The estimated cost for such services will be computed by the Elections Administrator and delivered to each contracting Entity within sixty (60) days priar to the election. Each contracting Entity shall pay the Elections Administrator twenty-five (25) percent of the total cost within ten (10) days after ordering the election, and no later than forty-five (45) days prior to the election, as partial payment for contract election services. After the date of the election and completion of all duties required by the Elections Administrator, the Elections Administrator shall then compute the final statement for all services rendered, together with administrative fees, less any partial payments and bill each contracting Entity, as applicable, such sum. Each contracting Entity shall be responsible for paying this amount within thirty (30) days from the date of billing. 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. 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. XIX. MODIFICATION OF ESTIMATED COSTS FOR ELECTION The Estimated Costs of Election set forth in the attached Exhibit A3 may be modified once a year, upon agreement of both the Elections Office and each contracting Entity. Signatures of the Elections Office Administrator and the Entity Official on the modified costs shall evidence such modification. XX. Each contracting Entity agrees to jointly hold an election, if necessary, with another contracting Entity such as City, School, Hospital, etc. 8 XXI. Each person signing below acknowledges their signature as acting on behalf of the Entity they represent. XXII. If a contracting Entity certifies their election in accordance with §2.051, 2.052, and 2.053 of the Texas Election Code, they may withdraw from this contract by informing the Elections Office in writing. IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement this day of 2011. COUNTY OF LAMAR Russ Towers, Lamar County Elections Administratar CITY OF PARIS W. E. Anderson, Interim City Manager City of Paris, Texas 9 EXHIBIT A1 Functions Delegated to the Lamar County Elections Administrator 1. Arrange for the notification, including writs of Election, training, and compensation far all presiding judges, alternate judges and clerks. 2. Provide training of all election workers and personnel. 3. Provide training materials for each election worker. 4. The Elections Administrator will be responsible for notifying each election judge and alternate judge of his or her appointment and for determining the number of clerks or other election workers authorized to work at each voting location. 5. Arrange for the use and compensation of polling locations. 6. Pay cost of election judges and clerks: Each election judge and clerk will receive $8.50 per hour (for a maximum of 14 hours). The election judge or his designated clerk will receive an additional $25.00 for delivering election returns and supplies to the Elections Administrator's Office after the polls close (See attached Estimated Costs for Election). 7. Procure, prepare, proof and distribute ballots. (See attached Estimated Costs for Election). 8. Procure, prepare and distribute election judge kits. (See attached Estimated Costs for Election). 9. Prepare the list of registered voters to be used in conducting the election at no cost. 10. Conduct the testing of the electronic tabulation equipment. 11. Supervise the handling and disposition of election returns, voted ballots, and tabulate unofficial returns and assist in preparing the tabulation for the official canvass. 12. Provide at no cost for the storage of election records as provided by law. 13. Provide at no cost, copies of all invoices received by the Elections Administrator's Office for payment of services or supplies of which each contracting Jurisdiction, as applicable, is to reimburse the Elections Office for payment. 14. Supervise the conduct of early voting in person and by mail and supply personnel to serve as deputy early voting clerks. (See attached Estimated Costs for Elections). 15. All requests for early voting ballots by mail that are received by each contracting Jurisdiction will be transported by the Jurisdiction on the day of receipt to the Elections Office for processing. Persons voting by mail will send their marked ballots to the Elections Office. (See attached Estimated Costs for Election). 16. An Early Voting Ballot Board appointed by the Elections Office will prepare all early voting ballots (those cast by mail and those cast by personal appearance) for count. (See attached Estimated Costs for Elections). 17. Hire and train early voting ballot board central count personnel 18. The Elections Office will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Jurisdiction shall not be liable to any third parties by default of the Elections Office in connection with holding the election, including failure by Lamar County ar its Elections Office to pay for services, supplies and voting locations for this election. 19. The Elections Administrator's Office will set the dates for early voting to be open for two (2), twelve (12) hour days and five (5), nine (9) hour days. For the June 18th, 2011 Runoff Election, the two (2), twelve (12) hour days for early voting will be conducted 10 on June 6, 2011 and June 7, 2011. The five (5), nine (9) hour days for early voting will be conducted June 8, June 9, June 10, June 13, and June 14, 2011. 20. The Elections Office will be responsible for delivering and picking up voting equipment. 2 L The Elections Office will be responsible for the handling of mail in ballots. 22. The Elections Office will be responsible for tabulating votes. 23. The Elections Office will be responsible for programming ballots. 24. The Elections Office will be responsible for providing phone bank warkers (early voting and Election Day). 25. The Elections Office will be responsible for programming and predefining early voting and Election Day equipment. 26. The Elections Office will be responsible for Logic and Accuracy Testing. 27. The Elections Office will be responsible for Public Testing. 28. The Elections Office will be responsible for compiling and mailing writs and orders of the election to the Presiding Judge and Alternate Judge of each precinct. 29. The Elections Administrator will prepare the unofficial tabulation report after all precincts have been counted, and will provide a report to each Jurisdiction as soon as possible after all returns have been tabulated either by e-mail or by phone, as agreed by each Jurisdiction. Each Jurisdiction will be responsible for the official canvass of its Elections. (See attached Estimated Costs for Election). 11 EXHIBIT A2 Functions Reserved to the Entity. 1. Accept valid applications. 2. Will provide Candidate Names for ballot. 3. Will provide order of Candidates. 4. Will provide an ADA compliant facility. 5. Will publish all legal notices and documents that are required by law. 6. Preparation of election orders, resolutions, notices and other pertinent documents for adoption or execution by the appropriate office or body. 7. Posting or publication of election notices. 8. Deliver to the Elections Office as soon as possible, but no later than three (3) days after closing of candidate filing deadline, the official wording for the election that is to be printed on the ballot with the exact form, candidate order, wording and spelling that is to be used. 9. Pay any additional costs incurred by the Elections Office if a recount for the election is required, or the election is contested in any manner by a contracting Jurisdiction as applicable. 10. Provide services as listed in Sec. 31.096 of the Texas Election Code. (Accept applications from candidates). 11. Provide to the Elections Office a copy of the election notices and orders and any Department of Justice submissions. 12. Provide to the Secretary of State a precinct-by-precinct report of the election returns in an electronic format. 12 EXHIBIT A3 REPORT OF ESTINtATED CQNTRACTED ELECT'ION EXPENSES FOR TKE COUNTY ELECTION SERVICES CONTRACT COUNTY OF LAIVIAR; POLITICAL SUBDIVISION: RunOffElection - City of Paris - June 18, 2011 SECTION A. ESTIMATED STATISTICAL INFORMATION WORKSHEET 1 Projected voter turnout in your political subdivision: 2 Number of election day polling locations to be used (excluding early voting): 1 3 Number of county designated election precinct or Number of city designated election district: 1 4 Number of polling places to be shared with another party: p 5 Number of public buildings to be used as polling places: p 6 Number of early voting stations to be used: 1 7 Voting System: Early Voting: M100 Optical Scan: 1 AutoMark: 1 (required 1 everyday of EV) Election Day: M100 Optical Scan: 1 AutoMark: 1 (required 1 per location) (required 1 per location) 8 Number of ballots to be ordered (including early voting, sample ballots): 810 9 Number of election kits to be ordered (include early voting and ballot board): 2 SECTION B. ESTIMATED COS'I' FOI2 ELECTION 1 Ballot printing cost (receipts required) $271.81 2 Electronic voting system programming (optional) and testing (receipts req'd) $1,222.34 3 Publication of Testing electronic voting system (receipts req'd) (Tex. Elec. Code Ann., § 127.096(a)) $30 4 County Technical and Site Support N/A 5 Election kits and other precinct supplies (receipts req'd) $40 Rental of countv owned voting equipment during Early Voting 6 A. M100 Optical Scan 1 X rental rate of $100 per day $1,400 B. AutoMark Touch Screen 1 X rentai rate of $100 per day (HAVA requirement ) Rental of countv owned voting equipment during Election Day 7 A. M 100 Optical Scan 1 X rental rate of $100 per day $200 B. AutoMark Touch Screen l X rental rate of $100 per day HAVA re uirement g Transportation of voting equipment (i.e. moving company) $95 per location + 6% fuel surcharge $O 9 Polling place rental charges: 1 X $25 (number of polling places rented) X(rental rate) $25 Precinct election judges and clerks T.A.C., §81.117 ar§81.149 Tex. Elec. Code Ann., §32.091(a) (compensation sheets req'd with final) 10 A. Early Voting: 1 X $8.50 X 75 Hours $1,031 of judges & clerks) (hourly rate) B. Election Day: 3 X $8.50 X 14 Hours of judges & clerks) (hourly rate) (max hours) SECTION B. ESTIMATED COST FOR ELECTION (continued) Election judges or clerk's fee for pickup and delivery of supplies after polls close - (1VIax $25.00) (I T.A.C., §81.120(f) or §81.153) (compensation sheets req'd with finai) 11 $25 l X $25 orjuages) Central Counting Station Personnel: A. CCS Manager 12 Included B. CCS Tabulation Supervisor C. CCS Assistant Tabulator A. Early Voting Ballot Board Personnel (judge, alternate and clerk) (1 T.A.C., §81.120(a)) (Tex. Elec. Code Ann. §65.057(2)) l X$8.50 X 1 Hours of workers) (hourly rate) (per person) 13 B. Provisional and Late Ballot Board Processing (judge, alternate and clerk) $17 (1 T.A.C., §81.120(a)) (Tex. Elec. Code Ann. §65.057(2)) 1 X$8.50 X 1 Hours of workers) (hourly rate) (per person) Central Counting Clerks 14 1 X$8.50 hourly X 16 hours $136 of workers) Miscellaneous Expenses (please itemize each expense) (Receipts req'd) Do not include Equipment Rental 15 A. B. C. County Election Services Contract Administrative Fee 16 (10% of the total contract cose) 1 T.A.C., § 81.131 * and Tex. Elec. Code $440.00 Ann., §31.100(d) 17 Total Estimated Cost of Election (Add lines B] - Bl6) $4,837.65 CERTIFICATION OF RUNOFF CANDIDATES May 18, 2011 To the City Clerk of the City of Paris, "Texas: Pursuant to E.C. § 2.027, I hereby certify that the office title and names of candidates to be placed on the ballot for the runoff election to be held on June 18, 2011 are as follows: A.J. Hashmi - District 7 Rhonda Rogers - District 7 Will Biard, Mayor J