Dallas County Joint Election Contract - May 1 2021-CN 2021-03-23ELECTION SERVICES CONTRACT ("Election Services Contract" or "Contract")
BETWEEN
DALLAS COUNTY ON BEHALF OF THE DALLAS COUNTY ELECTIONS ADMINISTRATOR
AND
Town Of Addison (TOA)
City Of Balch Springs (COBS)
City Of Carrollton (COC)
City of Cedar Hill (COCH)
City Of Cockrell Hill (COCkH)
City of Combine (COCB)
City of Coppell (COCP)
City of Dallas (COD)
City Of Desoto (CODe)
City Of Duncanville (CODu)
City Of Farmers Branch (COFB)
City Of Garland (COG)
City Of Grand Prairie (COG P)
City Of Hutchins (COH)
City Of Irving (COI)
City of Lewisville (COLw)
City of Richardson (COR)
City Of Rowlett (CORw)
City Of Sachse (COSa)
City of Seagoville (COS)
Town of Sunnyvale (COSv)
City of Wilmer (COW)
Carrollton -Farmers Branch ISD (CFBISD)
Coppell ISD (CpISD)
Dallas ISD (DISD)
DeSoto ISD (DeISD)
Duncanville ISD (DuISD)
Ferris ISD (FISD)
Garland ISD (GISD)
Grand Prairie ISD (GPISD)
Highland Park ISD (HPISD)
Irving ISD (IISD)
Lancaster ISD (LISD)
Mesquite ISD (MISD)
Richardson ISD (RISD)
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD SATURDAY, MAY 1, 2021
TO BE ADMINISTERED BY THE DALLAS COUNTY ELECTIONS DEPARTMENT
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1) STATUTORY AUTHORITY FOR AND PARTIES TO THIS ELECTION SERVICES CONTRACT
a) Michael Scarpello is the duly appointed County Elections Administrator ("Elections
Administrator") of Dallas County, Texas ("County") and the Department Head of the
Dallas County Elections Department ("DCED"). As such, Michael Scarpello is the County's
Voter Registrar and the Election Officer of Dallas County, Texas and is authorized by
Subchapter D of Chapter 31 of Title 3 and Chapter 271 of Title 16 of the Texas Election
Code to enter into this Election Services Contract ("Election Services Contract" or
"Contract") with the contracting authorities of the Participating Political Subdivisions
listed in "Attachment F" of this Election Services Contract. DCED acts at the direction of
the Elections Administrator. The County Elections Administrator, DCED and the
Participating Political Subdivisions together may be referred to collectively as "Parties" or
individually as "Party."
b) The contracting authorities of the Participating Political Subdivisions that are participating
in this Election Services Contract are listed on the face page of this agreement and in
"Attachment F" of this Election Services Contract and are hereby participating with each
other in this Joint Election to be held in Dallas County, Texas on Saturday, May 1st, 2021
under Chapter 271 of Title 16 of the Texas Election Code ("Joint Election"); and are hereby
contracting with the Elections Administrator of Dallas County, Texas to perform the
election services set forth in this Election Services Contract under Subchapter D of
Chapter 31 of Title 3 of the Texas Election Code. The Participating Political Subdivisions
acknowledge that they are participating in this Joint Election with each other to the extent
that they have candidates and/or propositions on the ballot in this Joint Election. The
terms and conditions of this Elections Services Contract also apply to any run-off election
or re-count related to this Joint election, unless otherwise agreed in writing.
c) The Elections Administrator will coordinate, supervise, and handle all aspects of
administering this Joint Election in accordance with the provisions of the Texas Election
Code and as outlined in this Election Services Contract. Each contracting authority of
each Participating Political Subdivision will pay its share of the Election Costs to the
Elections Administrator for the equipment, supplies, services, and administrative costs
outlined in this Election Services Contract. The Elections Administrator will administer
the election; however, each Participating Political Subdivision will be responsible for the
duties directly administered by the Participating Political Subdivision. Pursuant to Texas
Election Code §§ 31.093, and 31.098, the Elections Administrator may enter into a
contract to furnish the election services requested within this Election Services Contract.
d) If applicable and in the event a runoff election is necessary, the date of the runoff for this
Joint election would be Saturday June 5, 2021. This Elections Services Contract and its
terms will be automatically extended to cover the Joint Runoff Election, unless a
Participating Political Subdivision states in writing on or before Tuesday May4, 2021 that
it does not wish to participate in a joint runoff election contemplated herein. DCED will
provide each Participating Political Subdivision to which this Section 1(d) applies an
estimated cost required to be deposited into a special and separate Joint Runoff Election
May 1, 2021 Joint Election Services Contract Page 2 of 19
account. The funds must be deposited no later than five (5) days after the Joint Runoff
Election's estimated figures are received from DCED.
2) ATTACHMENTS The following attachments are hereby incorporated into this Election
Services Contract as if set forth herein in their entirety. The Participating Political Subdivisions
acknowledge that the following attachments are subject to reasonable changes by the Dallas
County Elections Administrator before, during, and after Election Day and any runoff
election(s), if any runoff election(s) are required by law to be held.
a) "Attachment A" is an itemized list of the estimated election expenses for this Joint
Election and the amounts that each Participating Political Subdivision must deposit with
the Dallas County Elections Department. It also includes the Deposit Detail for each
entity. The Elections Administrator will amend "Attachment A" to reflect the changing
estimates of election expenses that are caused by changing circumstances and by the
withdrawal of Participating Political Subdivision(s), if any, from this Election Services
Contract.
b) "Attachment B" is a list of the early voting polling places for this Joint Election.
c) "Attachment C" is a list of the Election Day polling places ("Vote Center(s)") for this Joint
Election.
d) "Attachment D" is a list of the people that the Dallas County Elections Administrator will
appoint as deputy early voting clerks for this Joint Election.
e) "Attachment E" is a list of the presiding election judges and alternate election judges for
Election Day for this Joint Election.
f) "Attachment F" is a list of the Participating Political Subdivisions that will be holding
elections in Dallas County election precincts or partial election precincts and the number
of registered voters in each of those election precincts or partial election precincts.
"Attachment F" will be amended if any of the Participating Political Subdivisions withdraw
from this Election Services Contract. "Attachment F" will be amended to reflect the
number of registered voters in each election precinct and partial election precinct as of
the statutory deadline April 1, 2021 for voters to submit applications to register to vote
or changes of address in this Joint Election. In this Election Services Contract, the phrase
"election precinct" is synonymous with the phrase "voting precinct."
g) "Attachment G" is a list of the Participating Political Subdivisions & Ballot Details
h) "Attachment H" will contain, for each Participating Political Subdivision, the full name of
the person serving as a point of contact, the physical address, the mailing address, a
facsimile number, and an email address. "Attachment H" will be amended if any of the
Participating Political Subdivisions withdraw from this Election Services Contract.
i) Within five (5) business days after any of the foregoing attachments are amended by the
Elections Administrator, the Elections Administrator will send each Participating Political
Subdivision an amended version of the amended attachment by email to the email
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address provided by each Participating Political Subdivision in "Attachment F."
3) LEGAL DOCUMENTS
a) Each Participating Political Subdivision will prepare, adopt, and publish all legally required
election orders, resolutions, notices, and other documents that are required by, or of,
their governing bodies. Each Participating Political Subdivision must send the Elections
Administrator a copy of any election order, resolution, or notice related to this Joint
Election within three (3) business days of publishing, adopting, or ordering it. Such
documents can be sent to the attention of: Michael Scarpello, Elections Administrator at
1520 Round Table Drive, Dallas, Texas 75247; or, emailed to
Michael.Scarpello@dallascounty.org. Alternately, these documents may be sent to:
Danielle Grant, Central Counting Station Manager, at Danielle Grant at Danielle.Grant
@dallascounty.org
b) Each Participating Political Subdivision is responsible for having its own election orders,
resolutions, notices, or official ballot wording translated into the Spanish language.
c) Always copy Michael.Scarpello@dallascounty.org on all communications related to
legal documents and question regarding this election.
4) VOTING SYSTEMS
a) Each Participating Political Subdivision agrees that, during this Joint Election, voters will
cast their ballots on the following voting systems, that are approved by the Texas
Secretary of State in accordance with the Texas Election Code and the Texas
Administrative Code: the ES&S ExpressVote Universal Voting System Ballot Marking
Devices ("BMD(s)"), and the ES&S DS200 Digital Vote Center Scanner ("Tabulators"). Each
of these systems are accessible to voters with physical disabilities ("ADA Terminals"). On
March 16, 2021, beginning at 10:00 A.M., until completed, at the County Elections
Department at 1520 Round Table Drive, Dallas, Texas 75247, the Elections Administrator
will test the BMDs and Tabulators used for counting ballots at the central counting
station. At least 48 hours before the date and hour of each test, the Elections
Administrator will publish a newspaper notice with the date, hour, and place of the
testing. The Elections Administrator will establish regional collection sites within the
county and a central counting station to receive and tabulate the regular ballots that are
cast in this Joint Election and receive the provisional ballots.
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b) The Elections Administrator will provide BMDs, Tabulators, and any other necessary
equipment for this Joint Election. For Early Voting and on Election Day, the Elections
Administrator will allocate voting election voting equipment to all of the Voting Centers
and polling places in amounts reasonably anticipated to be sufficient for the anticipated
turnout of voters. Each Election Day Vote Center will have at least one (1) Tabulator and
at least four (4) BMD machines.
c) The itemized list of the estimated election expenses for this Joint Election are in
"Attachment A," which includes, but may not be limited to the number of BMDs,
Tabulators, and any other necessary equipment.
5) POLLING PLACES/VOTE CENTERS
a) The Elections Administrator will select and arrange for the use of and payment for all of
the early voting polling places listed in "Attachment B" and the Election Day Vote Centers
listed in "Attachment C' subject to the approval of each Participating Political Subdivision.
Polling locations identified in Attachments "B" and "C" cannot be changed by a
Participating Political Subdivision, but the Elections Administrator may consider changes
requested by a Participating Political Subdivision. The Elections Administrator will finalize
the polling places/Vote Centers as soon as possible before this joint election.
b) Whenever possible, previously used polling places/Vote Centers that voters are
accustomed to using will be used for the election precincts and partial election precincts
in this Joint Election; however, the Participating Political Subdivisions acknowledge that
sometimes previously used polling places/Vote Centers are not available or appropriate
for every election. Accessibility under the Americans with Disabilities Act is an important
consideration for all polling places/Vote Centers in this Joint Election.
c) In accordance with Section 43.007(0) of the Texas Election Code, the Elections
Administrator will post a notice at each countywide voting center of the four nearest
countywide voting center locations by driving distance. The Participating Political
Subdivisions shall be responsible for any notices required under Section 43.062 of the
Texas Election Code.
6) PRESIDING ELECTION JUDGES, ALTERNATE PRESIDING ELECTION JUDGES, ELECTION
CLERKS, AND OTHER ELECTION DAY PERSONNEL
a) The Participating Political Subdivisions are responsible for the appointment of the
presiding election judges and alternate election judges listed in "Attachment E" for each
Vote Center/polling place listed in "Attachment C' subject to the eligibility requirement
found in the Texas Election Code Subchapter C, Chapter 32 and Subchapter A, Chapter 83.
The Parties acknowledge that approval of the this Election Services Contract by the
Participating Political Subdivisions shall constitute approval and appointment of the
Judges and Alternate Judges listed in "Attachment E" by the Participating Political
Subdivisions. The Elections Administrator will be responsible forthe administration of the
of the election judges listed in "Attachment E".
b) [This provision is intentionally deleted].
May 1, 2021 Joint Election Services Contract Page 5 of 19
c) If a person appointed as a presiding election judge or alternate election judge becomes
ineligible to serve as such in this Joint Election, then the Election Administrator will
appoint a replacement presiding election judge or alternate election judge, amend
"Attachment E" accordingly, and send each Participating Political Subdivision the
amended "Attachment E" by email within five (5) business days.
d) If a person is unable or unwilling to serve as a presiding election judge or an alternate
election judge, then the Elections Administrator will name a replacement presiding
election judge or send each Participating Political Subdivision the amended "Attachment
E" by email within five (5) business days.
e) The Elections Administrator will provide county training programs, in keeping with
Section 32.114 of the Texas Election Code, for all of the presiding election judges,
alternate election judges, and election clerks for this Joint Election. The presiding election
judges are responsible for notifying the alternate presiding judge and the election clerks
for the presiding election judge's polling place/Vote Center of the time and place of each
training session. Pursuant to Section 32.114(b), the training programs will be open to the
public free of charge.
f) To serve in this Joint Election, each presiding election judge and alternate election judge
must have attended an election judge training session, a training session regarding the
court rulings and the applicability of the mandatory Voter ID law, and an Election
Equipment training session taught by the Elections Administrator for this Joint Election
within the last 6 months. New judges and election clerks that have not attended a
mandatory Voter ID Law training session taught by the Elections Administrator for this
Joint Election may not serve in this Joint Election. The Elections Administrator will also
provide training regarding safety procedures pertaining to COVID-19.
g) The Elections Administrator will notifythe Participating Political Subdivisions by email and
post on the DCED's website the dates, times, and locations of training classes and labs for
both Early Voting and Election Day Workers.
h) To comply with the Federal Voting Rights Act of 1965, as amended, all polling places/Vote
Centers are required to have interpreter assistance. If a presiding election judge of such
a polling location/Vote Center is not bilingual and is unable to hire a bilingual election
clerk, the Elections Administrator may recommend an individual to provide interpreter
assistance. If the Elections Administrator is unable to recommend an individual to provide
interpreter assistance for such a polling place/Vote Center, the Elections Administrator
will notify the Participating Political Subdivision and request assistance in identifying an
interpreter. In the event that a bilingual election clerk is hired by the Elections
Administrator for a polling place/Vote Center required to have interpreter assistance, the
bilingual clerk will be paid according to a rate set by the Elections Administrator. The
Elections Administrator will charge that expense to the funds deposited with the Dallas
County Elections Department for the conduct of the elections listed in this Election
Services Contract. A Participating Political Subdivision may pay more money to a bilingual
clerk than the rate set by the Elections Administrator, however that expense will be borne
by that Participating Political Subdivision individually and that extra expense will not be
May 1, 2021 Joint Election Services Contract Page 6 of 19
charged to the funds deposited with the Dallas County Elections Department for the
conduct of the elections listed in this Election Services Contract.
i) The Elections Administrator will notify all of the presiding election judges and alternate
election judges about the eligibility requirements of Subchapter C of Chapter 32 of Title 3
of the Texas Election Code and Section 271.005 of the Texas Election Code. The Elections
Administrator will take the necessary steps to insure that all of the presiding election
judges and alternate election judges appointed to serve during this Joint Election are
eligible to serve and qualified to serve in this Joint Election. Under Section 32.031 of the
Texas Election Code, the presiding election judge for each polling place/Vote Center shall
appoint the election clerks to assist the presiding election judge in the conduct of the
election at the polling place/Vote Center served by the presiding election judge on
Election Day.
j) The presiding election judges are responsible for picking up election supplies at the time
and place determined by the Elections Administrator, which will be set forth in the letter
to the presiding election judges requesting service for this election. Payments for the
presiding election judge will be specified in "Attachment A."
k) Any Participating Political Subdivision electing to pay their election workers for attending
a training class or lab must bear that expense separately from the funds deposited into
this Joint Election account.
1) The Elections Administrator will employ and or contract for 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 services, supplies and equipment
assistance during the period of Early Voting and on Election Day, and for the efficient
tabulation of ballots at the central counting station and regional sites. Part-time
personnel will be paid an amount specified in "Attachment A." Part-time personnel
working in support of the administration of the Election, including Central Counting
Station, and regional sites on election night will receive pay for at least four (4) hours,
minimum call for service, regardless of the actual hours worked.
7) SUPPLIES AND PRINTING
a) The Elections Administrator will obtain and distribute all of the election supplies and
election printing necessary for this Joint Election, including, but not limited to, all forms,
signs, maps for redistricting, and other materials used by the presiding election judges
and clerks at the polling places/Vote Centers.
b) The Elections Administrator will provide maps, if necessary, instructions, and other
information that the presiding election judges need to conduct this Joint Election.
c) Each Participating Political Subdivision must deliver a list to the Elections Administrator
of candidates and propositions for their elections. The list must be in English and Spanish.
The list must include the ballot positions for the candidates and the propositions. The list
must include the correct spelling of each candidate's name and the precise wording of all
of the propositions. The Elections Administrator will email each Participating Political
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Subdivision a Microsoft Word format form for their use to create the required list. As soon
as possible after each Participating Political Subdivision has determined its ballot
positions for the candidates and propositions in its election, the Participating Political
Subdivision must email the completed Microsoft Word format form to the Elections
Administrator. The Elections Administrator will use these electronic forms received from
the Participating Political Subdivisions to create the ballot styles for this Joint Election.
The Elections Administrator will deliver the proposed ballots to the Participating Political
Subdivisions for approval. Each Participating Political Subdivision will be responsible for
proofreading the proposed ballots and notifying the Elections Administrator of any
corrections that are required for their particular ballots. The Elections Administrator is
responsible for implementing the corrections made by the Participating Political
Subdivisions to their ballots and then producing the ballots for this Joint Election.
8) OPTICAL SCAN CARD BALLOTS
a) The Elections Administrator will have ballots to cover approximately fifty percent (50%)
of the total number of registered voters in Dallas County. The ballots will be allocated
according to the approximate voter turnout for comparable elections in the areas near
each polling location/Vote Center.
b) Additional ballots will be available for Early Voting by Mail and for use on Election Day to
respond to any polling place/Vote Center that requests additional ballots and printed on
an a needed basis. Cost per ballot will be forty-five cents (.45C).
9) RETURNS OF ELECTIONS
a) The Participating Political Subdivisions will establish a central counting station to receive
and tabulate ballots cast in this Joint Election under Chapter 127 of Title 8 of the Texas
Election Code.
b) The Participating Political Subdivisions hereby, in accordance with Sections 127.002,
127.003 and 127.005 of the Texas Election Code, appoint the following central counting
station officials:
Central Count Station Manager
Tabulation Supervisor:
Assistant Tabulation Supervisor:
Presiding Judge:
Michael Scarpello, Dallas County Elections
Administrator
Danielle Grant, Central Count Station
Manager
Angelica Munoz Central Count Station Lead
Clerk
Presiding Judge- Bertram Vandenberg
Alternate Judge- Parris Long
May 1, 2021 Joint Election Services Contract Page 8 of 19
Alternate Presiding Judge: TBA, Appointed by Participating Political
Subdivisions
c) The Central Count Station Manager or her representative will deliver timely, cumulative
reports of the election results as Vote Centers are tabulated. The Central Count Station
Manager will be responsible for releasing cumulative totals and Vote Center election
returns from the election to the Participating Political Subdivisions, candidates, press, and
the general public by the distribution of hard copies or electronic transmittals (where
accessible). The Elections Administrator will operate an election result center to release
election results in the Dallas County Elections Operations Facility, 1520 Round Table Dr.,
Dallas, Texas 75247.
d) The Elections Administrator will link any Participating Political Subdivision's website to
DCED's website. Participating Political Subdivisions that want such website linkage should
deliver their website address to the Tabulation Supervisor at DCED.
e) The Elections Administrator will prepare the unofficial canvass report after all Vote
Centers have been counted, and will email a copy of the unofficial canvass to each
Participating Political Subdivision as soon as possible after all returns, provisional ballots,
and late overseas ballots have been tabulated, but in no event no later than May 7, 2021
All Participating Political Subdivisions will be responsible for the official canvass of their
respective elections.
f) The Elections Administrator will be responsible for conducting the post-election manual
recount, unless the Texas Secretary of State grants a waiver under Section 127.201 of the
Texas Election Code. If no such waiver is given, the Elections Administrator will provide
notice and copies of the recount to each Participating Political Subdivision and the
Secretary of State's Office. Each Participating Political Subdivision must notify the
Elections Administrator if such a waiver has been granted or denied as soon as possible,
but no later than five (5) calendar days before Election Day.
10) ELECTION EXPENSES
a) The Participating Political Subdivisions agree to share the costs of administering this
Joint Election as specified in "Attachment A." The Election Administrator will charge a
general supervisory fee not to exceed ten (10%) percent of the total cost of this Joint
Election as authorized by Section 31.100 of the Texas Election Code. In no event will the
ten (10%) percent general supervisory fee be refunded to any Participating Political
Subdivision. If the ballot, candidates, or propositions supplied by the Participating
Political Subdivision are changed after their initial programming and/or printing by the
Elections Administrator due to a court order from a court of competent jurisdiction, the
affected Participating Political Subdivision(s) agrees to pay all expenses associated with
re -printing and re -programming the ballots pursuant to a court order including expenses
for expedited services and "Attachment A" will be amended by the Election
Administrator.
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b) Allocation of costs among the Participating Political Subdivisions will be according to a
formula based on the total cost of the Joint Election multiplied by the Participating
Political Subdivision's percentage of the total current, and active registered voters for the
Joint Election ("Election Costs"). Any Participating Political Subdivision that requests
additional Vote Centers/polling locations, equipment, or a different combination of
precincts in polling places/Vote Centers that exceeds the Election Costs will be billed
directly for any excess expenditures (e.g. supplies, equipment, personnel, etc.). The cost
of any special request from a Participating Political Subdivision, which is not agreed
upon by all Participating Political Subdivisions, will be borne by the Participating
Political Subdivision making the special request.
c) The expenses for early voting by mail and personal appearance will be paid by each
Participating Political Subdivision as set forth in "Attachment A."
d) The Elections Administrator will determine the final election expenses to the extent
practicable within one hundred and eighty (180) business days after the final canvass of
this Joint Election or the runoff election, if any. The Elections Administrator will provide
each Participating Political Subdivision with a final, written accounting of all money that
was deposited into, and payments that were made from, the Joint Election account(s)
maintained by the Dallas County Elections Department for this Joint Election and the
runoff election, if any.
e) If the Elections Administrator requires additional money to perform its obligations under
this Election Services Contract, then the Elections Administrator will bill each Participating
Political Subdivision using the same method used to determine each Participating Political
Subdivision's required deposit in "Attachment A" of this Election Services Contract ("Final
Bill"). The Participating Political Subdivision shall pay the Final Bill within thirty (30) days
of receipt except for any amount the Participating Political Subdivision files a timely good
faith dispute under Section 17 of this Election Services Contract. After all of the expenses
of this Joint Election are paid and disputes, if any, resolved, any monies that remain in the
account maintained by the Dallas County Elections Department for this Election Services
Contract will be refunded to the Participating Political Subdivisions (the "Refund") as soon
as practicable.
11) DEPOSIT OF FUNDS
a) Attachment A: Cost Audit details the cost and expenses anticipated for this election;
Participating Political Subdivisions will initially receive an estimate cost audit. The Final
Bill will be distributed as soon as all cost and expenses forthe election can be determined.
Each Participating Political Subdivision hereby agrees to deposit with the Dallas County
Elections Department seventy five (75%) percent of the full balance of money listed for
their entity in "Attachment A: Deposit of Funds Detail" of this Election Services Contract
by the first deposit due date of (on or before) Friday, March 12, 2021 . The Dallas County
Elections Department will place the money deposited by the Participating Political
Subdivisions in a Joint Election account.
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b) The deposit of funds by each Participating Political Subdivision is an express condition
precedent to the participation of each Participating Political Subdivision in this Election
Services Contract. A Participating Political Subdivision may seek an extension from the
Elections Administrator as to the due date for the deposit of funds. Such an extension
must be sought in writing and prior to due date for such deposit by the Participating
Political Subdivision. Any decision(s) made by the Elections Administrator will be
provided in writing to the Participating Political Subdivision. The Elections Administrator,
however, shall not be required to grant an extension for the deposit of funds by a
Participating Political Subdivision. For any Participating Political Subdivision that fails to
deposit the total amounts specified in "Attachment A" by the dates specified in this
Election Services Contract or any extension granted by the Elections Administrator, the
Elections Administrator will be relieved from the responsibility to perform under this
Election Services Contract for such Participating Political Subdivision.
c) The Elections Administrator will only draw money from this Joint Election account to pay
for election expenses that are included in "Attachment A" to this Election Services
Contract and for other expenses that the Participating Political Subdivisions agree to in
writing.
d) If a Participating Political Subdivision withdraws completely from this Joint Election by
February 22, 2021, then the Elections Administrator will refund (as soon as practicable)
that Participating Political Subdivision's deposit, less any money already expended before
the withdrawal and less the general supervisory fee authorized by Section 31.100 of the
Texas Election Code. In the event of a partial withdrawal from this Joint Election, deposits
will not be refunded to the Participating Political Subdivisions.
e) The Elections Administrator will not make partial refunds to a Participating Political
Subdivision if any candidate(s) or propositions do not appear on the ballot for that
Participating Political Subdivision.
f) Deposits should be made out to Dallas County Elections Department and delivered within
the mandatory time frame to:
Michael Scarpello
Dallas County Elections Administrator
1520 Round Table Drive
Dallas, Texas 75247
In the "memo" section of check place Election Escrow Account: 911!16 �,)„
12) RECORDS OF THE ELECTION
a) The Elections Administrator is hereby appointed the general custodian of the voted
ballots and all election records of this Joint Election to the extent authorized by Sections
31.094, 31.095, 31.096, and 31.097 of the Texas Election Code.
b) Access to the election records will be available to each Participating Political Subdivision
as well as to the public in accordance with the Texas Public Information Act, Chapter 552,
Government Code, at the Dallas County Elections Department, 1520 Round Table Drive,
May 1, 2021 Joint Election Services Contract Page 11 of 19
Dallas, Texas 75247 at any time during normal business hours. The Elections
Administrator will ensure that the records are maintained in an orderly manner, so that
records are clearly identifiable and retrievable per records storage container. However,
access to election records that contain confidential information that must be redacted
pursuant to federal or state law may be provided at the offices of the Civil Division of the
Criminal District Attorney's Office of Dallas County, Texas at 411 Elm Street, 5t" Floor,
Dallas, Texas.
c) Pursuant to Section 66.058 of the Texas Election Code, the Elections Administrator will
retain the election records at the Elections Administrator's main offices and Elections
Warehouse for sixty (60) days after the date of this Joint Election. Sixty (60) days after
the date of this Joint Election, the Elections Administrator will arrange for transport of
this Joint Election's records to the Dallas County Record Storage facility. This Joint
Election's records will then become the responsibility of Dallas County Record Storage for
the remainder of the twenty-two (22) month preservation period. Dallas County Record
Storage will be responsible for the destruction of this Joint Election records after the
preservation period. The Participating Political Subdivisions agree the Elections
Administrator may destroy the records from this Joint Election after the twenty-two (22)
month preservation period without further notice to the Participating Political
Subdivisions, unless the events in Section 12 (d) occur.
d) The Participating Political Subdivisions must notify the Elections Administrator in writing
within three (3) business days after any official or employee of any Participating Political
Subdivision becomes aware of any election contest in connection with this Joint Election.
In accordance with Section 1.013 of the Texas Election Code, the election records must
be preserved until any election contest is completed and a judgment, if any, becomes
final. Also, the election records will be maintained by the Elections Administrator if there
is an active criminal investigation, proceeding, or a pending request for public
information, related to the election records until such investigation, proceeding, or
request for public information is finally concluded.
e) The Participating Political Subdivisions acknowledge and agree that the Elections
Administrator reserves the right to intervene in any election contest or litigation in
connection with this Joint Election in order to preserve any available remedies at law, and
to preserve the Elections Administrator's obligations under this Contract and the Texas
Election Code.
f) The Elections Administrator will provide each Participating Political Subdivision records
that indicate the jurisdictional boundaries of each Participating Political Subdivision. Each
Participating Political Subdivision will have until February 12, 2021 to verify in writing that
the jurisdictional boundaries provided by the Elections Administrator are correct.
13) EARLY VOTING
a) Under Sections 31.094 and 271.006 of the Texas Election Code, the Participating Political
Subdivisions hereby appoint the Elections Administrator to be the early voting clerk for
all of the political subdivisions participating in this Joint Election. The deputy early voting
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clerks that will be appointed by the Elections Administrator are listed in "Attachment D."
b) [This provision is intentionally deleted]
c) Any qualified voter for this Joint Election may vote early by personal appearance at the
main early voting polling place or at one of the early voting branch polling places listed in
Attachment B. Early voting will be conducted as follows: Monday, April 19, 2021 through
Friday, April 23, 2021 from 8:00 am to 5:00 pm; Saturday, April 24, 2021 from 8:00 am
to 5:00 pm; Sunday, April 25, 2021 from 1:00 pm to 6:00 pm; Monday, April 26 through
Tuesday, April 27, 2021 from 7:00 am to 7:00 pm.
d) All requests for early voting ballots by mail that are received by a Participating Political
Subdivision must be transported by runner on the day of receipt to the Dallas County
Elections Department, Elections Operations Facility at 1520 Round Table Drive, Dallas,
Texas 75247 for processing. Persons voting by mail must send their voted ballots to the
Dallas County Elections Department.
e) All early voting ballots will be prepared for counting by an Early Voting Ballot Board
appointed under Subchapter A of Chapter 87 of the Texas Election Code. Each
Participating Political Subdivision may appoint one member to the Early Voting Ballot
Board and will prepare a list notifying DCED of the appointee's name, telephone number,
mailing address, and email address, if any, no later than February 26, 2021. The
Participating Political Subdivisions agree to appoint Chaka Terrell as the presiding judge
of the early voting ballot board. A list of Early Voting Ballot Board members will be
furnished to each Participating Political Subdivision no later than March 26, 2021.
f) A signature verification committee will be appointed in accordance with Section 87.027
of the Texas Election Code. A list of the members of the signature verification committee
will be furnished to each Participating Political Subdivision.
g) The presiding judge of the Early Voting Ballot Board shall deliver notices of rejected
ballots in compliance with Section 87.0431, Texas Election Code.
14) CRIMINAL BACKGROUND CHECKS
The Elections Administrator, her agent or assignee will conduct a criminal background
check (in accordance with statutory requirements) of any person who is expected to or
scheduled to serve or work in this Joint Election. Any person that does not satisfactorily
pass the criminal background check will be ineligible to serve or work in this Joint Election.
Failure to obtain a criminal background check does not release the participating entity's
obligation to pay for service rendered in good faith.
15) ELECTION REPORTS
During the early voting period for this Joint Election, the Elections Administrator will
deliver daily reports to each Participating Political Subdivision of the Early Voting Location
Turnout Totals and Early Voting Roster. The day after the early voting period ends, the
Elections Administrator will deliver to each Participating Political Subdivision, a Daily Early
Voting Roster by Vote Center report that includes the entire Early Voting period. Pursuant
May 1, 2021 Joint Election Services Contract Page 13 of 19
to the Texas Election Code Section 87.121, the Elections Administrator will deliver these
election reports by website posting, e-mail, or facsimile.
16) WITHDRAWAL FROM CONTRACT
a) No deposits will be refunded after the deadline to withdraw from this Election Services
Contract has passed.
b) In order to withdraw from this Election Services Contract, a Participating Political
Subdivision must deliver to the Elections Administrator any certifications and declarations
that are required under Subchapter C or Subchapter D of Chapter 2 of Title 1 of the Texas
Election Code.
c) The Elections Administrator will bill any Participating Political Subdivision that withdraws
from this Election Services Contract for any expenses incurred prior to the Elections
Administrator receiving copies of the certifications and declarations that are required
under Subchapter C or Subchapter D of Chapter 2 of Title 1 of the Texas Election Code.
d) If there are any withdrawals from this Joint Election, within ten (10) business days after
the deadline for Participating Political Subdivisions to make declarations under
Subchapter C or Subchapter D of Chapter 2 of Title 1 of the Texas Election Code, said
deadline being February 22, 2021, the Elections Administrator will amend the
attachments to this Election Services Contract as appropriate and provide updated copies
of the amended attachments to all of the remaining Participating Political Subdivisions.
e) The general supervisory fee authorized by Section 31.100 of the Texas Election Code will
not be refunded.
17) AUDITING AND PROHIBITION ON WITHHOLDING OF DEPOSITS
a) The Dallas County Auditor will conduct a review of the deposits and expenditures related
to this Election Services Contract before the Final Bill or Refund is submitted to the
Participating Political Subdivisions. Refunds will be submitted as soon as practicable.
b) The Participating Political Subdivisions may request a financial audit of the Final Bill or
Refund or dispute the Final Bill or Refund under this Section, if: 1) the Final Bill exceeds
ten percent (10%) of the amount of the Participating Political Subdivision's initial deposit
as required in "Attachment A" to this Election Services Contract; or 2) the accounting
accompanying the Refund is ten percent (10%) less than the amount the Participating
Political Subdivision determines, should be refunded, after its good faith review. The
request for a financial audit or dispute must be done in accordance with Section 17 (d)
below.
c) Should the events in Section 17 (b) occur, in lieu of an audit or dispute, the Participating
Political Subdivision may make a request that the Elections Administrator ask the Dallas
County Auditor to review the cost allocation methodology for the Participating Political
Subdivision's Final Bill or Refund ("Review Request"). Participating Political Subdivisions
must submit a Review Request to the Elections Administrator within five (5) business days
of receipt of the Final Bill or the Refund, whichever is later. The Review Request must set
May 1, 2021 Joint Election Services Contract Page 14 of 19
forth, in detail, the basis for any challenge to the Final Bill or Refund. Corrections to the
Participating Political Subdivision's Final Bill or the Refund, based on a Review Request,
will be determined at the sole discretion of the Elections Administrator. A Review Request
does not extend the timeframe in Section 17(d).
d) Should the circumstances giving rise to an audit or dispute in Section 17 (b) occur, the
Participating Political Subdivision may send a formal written notice of dispute of the Final
Bill or Refund ("Dispute Notice") to the Elections Administrator. This Dispute Notice must
be received by the Elections Administrator no later than thirty (30) calendar days from
the date the Participating Political Subdivision receives the Final Bill or Refund. This
Dispute Notice must provide: 1) an itemization of the disputed charge(s) by the
Participating Political Subdivision; 2) the basis for the dispute; 3) the methodology
showing how the Participating Political Subdivision arrived at the amount disputed; and
4) documentation in support thereof. The Participating Political Subdivision will have no
right to withhold any undisputed amounts set forth in this Election Services Contract or
reflected in the Final Bill. Payment of undisputed amounts in the Final Bill must be made
by the Participating Political Subdivision as set forth in Section 10 (e) of this Election
Services Contract.
e) Failure of the Participating Political Subdivision to submit a timely Dispute Notice, as set
forth in Section 17(d), shall waive any and all disputes, claims, or challenges to the Final
Bill or Refund by the Participating Political Subdivision. The entire amount of the
Participating Political Subdivision's Final Bill shall be due immediately; or, any estimated
refund amounts will become final.
f) If the Participating Political Subdivision files a timely Dispute Notice in compliance with
Section 17(d), the Participating Political Subdivision will have the right to conduct a good
faith financial audit ("Financial Audit") for the deposits and expenditures related to this
Elections Services Contract. In conducting the Financial Audit, the Participating Political
Subdivision will have no greater right to demand access to or copies of the County's
governmental or election records than those rights specified in the Texas Election Code
and the Texas Public Information Act. The cost of any Financial Audit conducted by the
Participating Political Subdivision shall be borne by the requesting Participating Political
Subdivision and may not be paid for with funds deposited with the Dallas County Elections
Department under this Election Services Contract. Further, the Participating Political
Subdivision conducting the Financial Audit shall pay the Elections Administrator the
reasonable costs for time expended and copies provided in orderto perform the Financial
Audit. If the Financial Audit identifies overcharges by the Elections Administrator of more
than ten percent (10%) of the initial deposit amount required by "Attachment A", the
Elections Administrator will review and assess the findings of the Financial Audit and will
negotiate, in good faith, to resolve any disputes for overcharges with the Participating
Political Subdivision. The Elections Administrator shall not be bound by the findings or
recommendations of the Participating Political Subdivision's Financial Audit. The financial
records will be retained at the County Election Administrator's office until the conclusion
of the Financial Audit and resolution of all outstanding audit disputes.
May 1, 2021 Joint Election Services Contract Page 15 of 19
g) In the event the representatives of the Participating Political Subdivision and the Elections
Administrator cannot agree on the amount of the disputed Final Bill as set forth in this
Section, then the Parties may agree to submit to non-binding mediation. If mediation is
acceptable to both parties to resolve a dispute concerning the disputed Final Bill, the
Parties will agree to use a mutually agreed-upon mediator. Unless the Parties come to a
written agreement at mediation, the mediation will not constitute a final and binding
resolution of the dispute.
h) The Participating Political Subdivision acknowledges that the practical effect of the
Participating Political Subdivision withholding undisputed funds that are required under
this Election Services Contract would result in breach of this Elections Services Contract
and the other Participating Political Subdivisions' taxpayers subsidizing the withholding
Participating Political Subdivision's election expenses.
18) NOTICE
Any addendum to, change/modification of, clarification of, and/or withdrawal from this
contract requires written notice provided on the Dallas County Form, "Elections Services
Contract Change Forms". Whenever this Election Services Contract requires any
consent, approval notice, request or demand, it must be in writing to be effective and
must be delivered to the party intended to receive it as shown below:
Address for notice to the Elections Administrator:
Michael Scarpello
Dallas County Elections Administrator
1520 Round Table Drive
Dallas, Texas 75247
(214) 819-6334 telephone
(214) 819-6301 facsimile
and, to the physical addresses and facsimile numbers for notice to the Participating
Political Subdivisions are in "Attachment F" to this Election Services Contract.
19) LIABILITY FOR NEGLIGENCE
ALL PARTIES TO THIS ELECTION SERVICES CONTRACT AGREE TO BE RESPONSIBLE, IN
ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW, EACH FOR THEIR OWN
NEGLIGENT ACTS OR OMISSIONS, OR OTHER TORTIOUS CONDUCT IN THE COURSE OF
PERFORMANCE OF THIS ELECTION SERVICES CONTRACT WITHOUT WAIVING ANY
SOVEREIGN IMMUNITY, GOVERNMENTAL IMMUNITY, STATUTORY IMMUNITY, OR OTHER
DEFENSES AVAILABLE TO THE PARTIES UNDER FEDERAL OR STATE LAW. NOTHING IN THIS
PARAGRAPH SHALL BE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, IN OR TO ANY THIRD PERSONS OR ENTITIES. ALL PARTIES AGREE THAT ANY
SUCH LIABILITY OR DAMAGES OCCURRING DURING THE PERFORMANCE OF THIS ELECTION
SERVICES CONTRACT CAUSED BY THE JOINT OR COMPARATIVE NEGLIGENCE OF THE
May 1, 2021 Joint Election Services Contract Page 16 of 19
PARTIES, OR THEIR EMPLOYEES, AGENTS OR OFFICERS WILL BE DETERMINED IN
ACCORDANCE WITH COMPARATIVE RESPONSIBILITY LAWS OF TEXAS, BUT ONLY TO THE
EXTENT SUCH LAWS ARE APPLICABLE TO THE PARTY.
TO THE EXTENT PERMITTED BY LAW, IF LEGAL ACTION IS FILED AGAINST A PARTY TO THIS
ELECTION SERVICES CONTRACT, THAT PARTY SHALL BE SOLELY RESPONSIBLE FOR THEIR
OWN RESPECTIVE COSTS AND DEFENSE OF THAT SUIT.
20) CHOICE OF LAW
This Election Services Contract will be governed and interpreted by the laws of the State
of Texas.
21) VENUE AND JURISDICTION
The courts of the State of Texas and the United States of America that are physically
located in Dallas, Dallas County, Texas are the exclusive jurisdiction and venue for any
lawsuit, cause of action, temporary restraining order, temporary injunction, injunction,
petition for extraordinary relief, mandamus, or any other legal proceeding or claim
arising out of the performance of this Election Services Contract.
22) SEVERABILITY
If any term of this Election Services Contract is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remainder of the terms of this Election Services
Contract will remain in full force and effect and will in no way be affected, impaired, or
invalidated.
23) ENTIRE CONTRACT
This Election Services Contract, including any exhibits or attachments, contains the entire
agreement between the Elections Administrator and the Participating Political
Subdivisions concerning the duties required by this Election Services Contract. The
Elections Administrator of Dallas County, Texas and each Participating Political
Subdivision hereby expressly warrant and represent that they are not relying on any
promises or agreements that are not contained in this Election Services Contract
concerning any of the terms in this Election Services Contract. Except otherwise specified
in this Election Services Contract, no modification, amendment, novation, renewal, or
other alteration of this Election Services Contract shall be effective unless mutually
agreed upon in writing and executed by the Parties hereto.
24) GENDER AND HEADINGS
In this Election Services Contract, words in the singular number include the plural, and
those in the plural include the singular. Words of any gender also refer to any other
gender. Headings in this Election Services Contract are terms of inclusion, not exclusion.
25) RELATIONSHIP OF PARTIES
The Participating Political Subdivisions, including their agents, or employees, are
independent contractors and not an agent, servant, joint enterpriser, joint venturer, or
May 1, 2021 Joint Election Services Contract Page 17 of 19
employee of the County Elections Administrator, the County or DCED, and are
responsible for their own acts, forbearance, negligence and deeds, and for those of their
agents, or employees in conjunction with the performance of services covered under
this Election Services Contract. The Participating Political Subdivisions represent that
they have, or will secure at their own expense, all personnel and consultants required in
performing the Services herein. Such personnel and consultants shall not be employees
of or have any contractual relationship with the County, the County Elections
Administrator, or DCED.
26) FORCE MAJEURE
No Party shall be in default or responsible for delays or failures in performance resulting
from causes beyond its control. Such causes include but are not limited to acts of God,
fire, storm, flood, earthquake, natural disaster, pandemic, epidemic, nuclear accident,
strike, air traffic disruption, lockout, riot, freight embargo, public regulated utility, or
governmental statutes, orders, or regulations superimposed after the fact. Any Party
delayed by force majeure shall as soon as reasonably possible give the other Party
written notice of the delay. The Party delayed shall use reasonable diligence to correct
the cause of the delay, if correctable, and if the condition that caused the delay is
corrected, the Party delayed shall immediately give the other Parties written notice
thereof and shall resume performance under this Election Services Contract as soon as
practicable. The date of delivery or of performance shall be extended for at least a
minimum time period equal to the time lost by reason of the delay.
27) DEFAULT/CUMULATIVE RIGHTS/MITIGATION.
It is not a waiver of default if the non -defaulting Party fails to immediately declare a
default or delays in taking any action. The rights and remedies provided by this Election
Services Contract are cumulative, and no Party's use of any right or remedy will preclude
or waive its right to any other remedy. These rights and remedies are in addition to any
other rights the Parties may have by law, statute, ordinance or otherwise. All Parties
have a duty to mitigate damages.
28) CONTRA PROFERENTEM
The legal doctrine of contra proferentem will not apply to this Election Services Contract.
Consequently, any ambiguity that may exist in this Election Services Contract will not be
construed against the Party who drafted this Election Services Contract.
29) ORDER OF PRECEDENCE
Any inconsistencies in this Election Services Contract will be resolved by reviewing and
considering this Election Services Contract and Attachments A through G to this Election
Services Contract together in context with each other.
30) SIGNATORY WARRANTY
The Elections Administrator of Dallas County, Texas and all of the contracting authorities
of all of the Participating Political Subdivisions listed in "Attachment F" of this Election
Services Contract represent that each has the full right, power and authority to enter into
May 1, 2020 Joint Election Services Contract Page 18 of 19
and perform this Election Services Contract in accordance with all of its terms and
conditions, and that the execution and delivery of this Election Services Contract has been
made by authorized representatives of the Participating Political Subdivisions to validly
and legally bind the Participating Political Subdivisions to all terms, performances, and
provisions set forth in this Election Services Contract.
31) COUNTERPARTS.
This Election Services Contract may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document. All counterparts will
be construed together and will constitute one and the same instrument.
WITNESS HEREOF, the parties hereto have executed in triplicate originals this Election Services
Contract on this day of February 2021. ("Effective Date")
RECOMMENDED AND APPROVED:
MICHAEL SCARPELLO
COUNTY ELECTIONS ADMINISTRATOR
DALLAS COUNTY, TEXAS
APPROVED AS TO FORM*
James R. Palomo
ASSISTANT DISTRICT ATTORNEY,
DISTRICT ATTORNEY
DALLAS COUNTY CRIMINAL ATTORNEY'S
OFFICE, CIVIL DIVISION
*By law, the Criminal District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal document
on behalf of other parties. Our review of this document was conducted solely from the legal
perspective of our client. Our approval of this document was offered solely for the benefit of
our client. Other parties should not rely on this approval, and should seek review and approval
by their own respective attorney(s).
ACCEPTED TO AND AGREED TO BY THE
[INSERT NAME AND POSITION]
May 1, 2020 Joint Election Services Contract Page 19 of 19
and perform this Election Services Contract in accordance with all of its terms and
conditions, and that the execution and delivery of this Election Services Contract has been
made by authorized representatives of the Participating Political Subdivisions to validly
and legally bind the Participating Political Subdivisions to all terms, performances, and
provisions set forth in this Election Services Contract.
31) COUNTERPARTS.
This Election Services Contract may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document. All counterparts will
be construed together and will constitute one and the same instrument.
WITNESS HEREOF, the parties hereto have executed in triplicate originals this Election Services
Contract on this 2-13 1r, day of f-ebrup, 2021. ("Effective Date")
m rdr)
RECOMMENDED AND APPROVED:
V� --
MICHAEL SCARPE 0
COUNTY ELECTIONS ADMINISTRATOR
DALLAS COUNTY, TEXAS
APPROVED AS TO FORM*
James k. Pfi3lomo
ASSISTANT DISTRICT ATTORNEY,
DISTRICT ATTORNEY
DALLAS COUNTY CRIMINAL ATTORNEY'S
OFFICE, CIVIL DIVISION
*By law, the Criminal District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal document
on behalf of other parties. Our review of this document was conducted solely from the legal
perspective of our client. Our approval of this document was offered solely for the benefit of
our client. Other parties should not rely on this approval, and should seek review and approval
by their own respective attorney(s).
ACCEPTED TO AND AGREED TO BY THE CITY OF COPPELL:
APPROWED:
KAREN SELBO HUNT, MAYOR
CITY OF COPPELL I
May 1, 202/Joint Election services Contract Page 19 of 19
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