HomeMy Public PortalAboutResolution No. 342-09 03-10-2009 CITY OF RICHLAND HILLS RESOLUTION NQ ~ l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND
HILLS, TEXAS, AUTHORIZING AND RATIFYING THE EXECUTION OF
A JOINT ELECTION CONTRACT FOR THE REGULAR AND SPECIAL
ELECTIONS PREVIOUSLY ORDERED TO BE HELD ON SATURDAY,
MAY 9, 2009; PROVIDING FOR CONFLICT RESOLUTION, NECESSARY
ACTIONS, NOTICE AND AN EFFECTIVE DATE.
WHEREAS, Saturday, May 9, 2009, is designated as a uniform election day; and
WHEREAS, by previous resolutions, the City Council called the 2009 General Election as
required by the City Charter and by other law, designated a polling place for the election, and
establish and set forth procedures for conducting the election; and
WHEREAS, also by previous resolution, the City Council also called a Special Election to
present the issue of whether a community center building should be built by the City in Kate Baker
Park; and
WHEREAS, the City desires to enter into a joint election agreement and contract for
election services between the City of Richland Hills, Tarrant County, and other political
subdivisions for the purpose of holding and administering such elections;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS, THAT:
SECTION 1.
ORDER
The City Council hereby approves and ratifies the joint election agreement and contract for
election services between the City of Richland Hills, Tarrant County, and other political
subdivisions, including the attachments thereto, which agreement and contract for election services
is attached hereto and incorporated herein by reference as Exhibit A.
SECTION 2.
RESOLUTION OF CONFLICTS
The election shall be held in accordance with the City Charter, the Constitution of the State
of Texas and the Texas Election Code. In the event of a conflict between this resolution or the
previous resolutions calling the above-referenced elections and the joint election agreement and
contract for election services, the joint election agreement and contract for election services shall
control. In the event of a conflict between the joint election agreement and contract for election
services and the City Charter, the Constitution of the State of Texas, or the Texas Election Code, the
City Charter, the Constitution of the State of Texas, and the Texas Election Code shall control, in
order to give full effect to the elections.
SECTION 3.
NOTICE
Upon adoption of this Resolution, the City Secretary is directed to give notice of this
resolution in the manner required by law.
SECTION 4.
AUTHORIZATION OF NECESSARY ACTIONS
The Mayor and the City Secretary, in consultation with the City Attorney, are authorized and
directed to take all actions necessary to effectuate this resolution.
SECTION 5.
EFFECTIVE DATE
This Resolution shall be effective upon its adoption.
Passed and approved this ~ day of ' 1~.~ , 2009.
CITY CHLAND HILL EXAS
onorable David L. R n, Mayor
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inda C ntu, T RC, City Secretary
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Tim G. Sralla, City Attorney
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THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
City of Arlington City of River Oaks
City of Bedford City of Saginaw
City of Benbrook City of Southlake
City of Blue Mound City of Watauga
City of Colleyville Town of Westlake
City of Crowley City of Westworth Village
Town of Edgecliff Village City of White Settlement
City of Euless Arlington Independent School District
City of Everman Azle Independent School District
City of Forest Hill Carroll Independent School District
City of Fort Worth Castleberry Independent School District
City of Grand Prairie Crowley Independent School District
City of Haltom City Eagle Mountain-Saginaw Independent School District
City of Lake Worth Everman Independent School District
Town of Lakeside Grapevine-Colleyville Independent School District
City of Mansfield Keller Independent School District
Town of Pantego Mansfield Independent School District
City of Pelican Bay Northwest Independent School District
City of Richland Hills White Settlement Independent School District
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 9, 2009 election to be administered by Steve Raborn, Tarrant County Elections
Administrator, hereinafter referred to as "Elections Administrator."
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 9, 2009.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.1),
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 desire to use the County's electronic 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 the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a "Joint Election" with each other in accordance with Chapter 271 of the Texas Election
Code and this agreement. The Tarrant County 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 Tarrant
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County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement.
The Tarrant County 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 electronic 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.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
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.
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 Tarrant County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all election day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by each participating city, and shall be compliant with the accessibility requirements established by Election
Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in
Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A.
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If polling places for the May 9, 2009 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 8, 2009 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 9, 2009 election. This notice shall be written in both the English
and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant 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 2000 Census shall
have one or more election official who is 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
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 him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to election day and for returning the supplies and equipment to the central counting station after the
polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help 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 as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, 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.
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At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. 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). Each participating authority
shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or
propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and
other political subdivisions.
Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting
system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Tarrant County's eScan voting system. Provisional ballots cast on election
day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being
immediately counted via the eScan ballot scanner.
Due to current limitations of the county's eScan ballot scanners, it is necessary that in the event ballot content for a
particular participating authority or joint election ballot style is too lengthy to fit on a one page paper ballot, all election day
voting for that particular authority or ballot style must be held on the county's eSlate voting system.
The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day
turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
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.
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 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 Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks
who are permanent employees of the Tarrant County Elections Administrator or any participating authority 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 of the joint early voting
locations.
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.
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The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily
basis and a cumulative final early voting report following the election. In accordance with Section 87.121(8) of the Election
Code, the daily reports showing the previous day's early voting activity will be distributed to each participating authority no
later than 8:00 AM each business day.
VII. EARLY VOTING BALLOT BOARD
Tarrant 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 and remote counting
stations 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: Steve Raborn, Tarrant County Elections Administrator
Tabulation Supervisor: Stephen Vickers, Tarrant County Elections Technology Coordinator
Presiding Judge: Jeanne Lyons
Alternate Judge: Bobbie Cornelison
The counting station manager or his representative shall deliver timely cumulative reports of the election results as
precincts report to the central and remote counting stations and are tabulated. 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 and by posting to the Tarrant County web site.
To ensure the accuracy of reported election retums, results printed on the tapes produced by Tarrant 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 retums have been
tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority unless requested otherwise.
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 TARRANT COUNTY
The Elections Administrator agrees to administer the entire City of Crowley election including that portion of the
City of Crowley that is within Johnson County.
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The Elections Administrator shall administer only the Tarrant County and Denton County portions of the City of
Fort Worth's election.
The Elections Administrator shall administer only the Tarrant County portion of the City of Grand Prairie's election.
The Elections Administrator agrees to administer the entire City of Mansfield election including that portion of the
City of Mansfield that is within Ellis and Johnson Counties.
The Elections Administrator agrees to administer the entire City of Southlake election including that portion of the
City of Southlake that is within Denton County.
The Elections Administrator agrees to administer the entire Town of Westlake election including that portion of the
Town of Westlake that is within Denton County.
The Elections Administrator agrees to administer the entire Azle ISD election including that portion of Azle ISD that
is within Parker and Wise Counties.
The Elections Administrator agrees to administer the entire Crowley ISD election including that portion of Crowley
ISD that is within Johnson County.
The Elections Administrator agrees to administer the entire Mansfield ISD election including that portion of
Mansfield ISD that is within Johnson County.
The Elections Administrator shall administer the Tarrant County portion of Northwest ISD's election as well as the
Denton County portion of the District that is within the City of Fort Worth.
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 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or election
day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the
original election and the runoff election shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 9, 2009 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 13, 2009.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average
cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the
expenses equally among the total number of polling places. Costs for polling places shared by more than one participating
authority shall be pro-rated equally among the participants utilizing that polling place.
The participating authorities agree that for billing purposes, each election day polling place will be evaluated as to
the number of full-time-equivalent (FTE) pollworkers employed. Polling places with more than 5 FTE pollworkers will be
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considered as one or more additional polling places with each full or partial multiple of 5 FTE pollworkers constituting an
additional polling place for purposes of determining the average cost formula in the preceding paragraph.
If a participating authority's election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places 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 apro-rata share of
the costs 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 apro-rata 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 apro-rata 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 Tarrant County 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 Tarrant 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.
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 Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten
percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall
be refunded, minus the aforementioned expenses and administrative fee 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 Tarrant County Elections
Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully
fund such site(s). In the event that any early voting site is eliminated under this section, an 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
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Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the 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 authority 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 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
1. 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 Tarrant County Judge and the
Tarrant 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 Tarrant 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.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating
authority's obligation under the terms of this agreement shall be calculated after the May 9, 2009 election (or runoff
election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall
pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections
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Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections
Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Actual # Billed # Estimated De osit
Political Subdivision Polls Polls Cost Due
Ci of Arlin ton 27 13.5 $55,316 $41,500
Ci of Bedford 1 1 $12,575 $9,500
Ci of Benbrook 3 3 $14,180 $10,700
Ci of Blue Mound 1 0.5 $4,528 $3,400
Ci of Colle ille 1 0.5 $4,954 $3,800
Ci of Crowle 1 0.5 $4,244 $3,200
Town of Ed ecliff Villa e 1 0.5 $5,742 $4,400
Ci of Euless 2 1.5 $11,450 $8,600
Ci of Everman 1 0.5 $3,300 $2,500
Ci of Forest Hill 1 1 $12,621 $9,500
Ci of Fort Worth 132 122.5 $418,877 $314,200
Ci of Grand Prairie 4 2 $8,008 $6,100
Ci of Haltom Ci 2 2 $10,930 $8,200
Ci of Haslet 1 1 $5,695 $4,300
Town of Lakeside 1 0.5 $3,305 $2,500
Ci of Lake Worth 1 1 $10,568 $8,000
Ci of Mansfield 3 1.5 $7,758 $5,900
Town of Pante o 1 0.5 $4,068 $3,100
Ci of Pelican ea 1 0.5 $3,223 $2,500
Ci of Richland Hills 1 1 $8,159 $6,200
Ci of River Oaks 1 0.5 $4,042 $3,100
Ci of Sa inaw 1 0.5 $4,856 $3,700
Ci of Southlake 1 0.5 $4,613 $3,500
Ci of Watau a 1 1 $5,424 $4,100
Town of Westlake 1 1 $7,015 $5,300
Ci of Westworth Villa e 1 1 $4,532 $3,400
Ci of White Settlement 1 0.5 $3,292 $2,500
Arlin ton ISD 32 14.5 $57,729 $43,300
Azle ISD 7 3 $9,505 $7,200
CarroIIISD 5 0.5 $6,058 $4,600
Castleber ISD 4 2 ~ $7,872 $6,000
Crowle ISD 15 3.5 $16,103 $12,100
Ea le Mountain-Sa niaw ISD 11 3.5 $13,810 $10,400
Everman ISD 7 1.5 ~ $5,890 $4,500
Gra evine-Colle ille ISD 6 2 ~ $14,715 $11,100
Keller ISD 16 5.5 $24,382 $18,300
Mansfield ISD 12 5 ! $19,967 $15,000
Northwest ISD 11 3 $16,512 $12,400
White Settlement ISD 9 1 $4,642 $3,500
TOTALS 205 $840,459 $632,100
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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) It has on the ~ day of r , 2009 been executed by the Tarrant County Elections
Administrator pursuant to the Texa Election Code so authorizing;
(2) It has on the 9`" day of Mav , 2009 been executed on behalf of the City of Richland Hills
pursuant to an action of the City of Richland Hills so authorizing;
ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTOR:
APPROVED:
ST ERA ORN
ACCEPTED AND AGREED TO BY THE CITY OF RICHLAND HILLS:
APPROV ATTEST:
OR TY SE RETARY
`O~ ~
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