02-27-17 Regular Meeting of the La Porte City Council

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If LA PORTE and any other party to this Agreement is required to hold a runoff election, LA PORTE will conduct the runoff election for the parties and shall be responsible for all duties established under Paragraph 4 of this Agreement. 7. Sharing of Expenses. Common expenses of the May joint election shall be prorated among the parties incurring and benefiting from such expenditures. Expenses shall include all necessary disbursements, such as ballot printing, programming support and supplies, judges and clerks. In each case in which it is responsible for the conduct and administration of the election, LA PORTE shall invoice LPISD and COLLEGE, as applicable, for their prorata portions of such joint expenses, which invoice shall be due and payable within thirty (30) days of receipt thereof. Under the terms of the Texas Election Code, no charge shall be incurred for use of public buildings in the conduct of an election. The parties may meet following each election, beginning with the 2017 May election, to review the administration and expenses of the joint elections. 8. Ownership of Equipment. It is understood and agreed that in consideration for the two years of capital reimbursement payments already made by LPISD to LA PORTE, LPISD has a forty percent ownership interest in the election equipment referenced in Paragraph 4 of this Agreement (with the exception of the e-PollBooks in which LPISD has a fifty percent ownership interest), and as such, LPISD shall have an absolute right to access and use said portion of owned equipment in all general and special elections ordered by LPISD, and any required run-off elections, without regard to their date, during the term of this Agreement and continuing even after the expiration of this Agreement. It is understood and agreed that in consideration for the capital reimbursement payment already made by COLLEGE to LA PORTE, COLLEGE has a twenty percent ownership interest in the election equipment referenced in Paragraph 4 of this Agreement (with the exception of the e-PollBooks in which COLLEGE has no ownership interest), and as such, COLLEGE shall have an absolute right to access and use said portion of owned equipment in all general and special elections ordered by COLLEGE, and any required run-off elections, without regard to their date, during the term of this Agreement and continuing even after the expiration of this Agreement. 9. Election Records. LA PORTE shall be responsible for the safekeeping of election records. 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, LA PORTE shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of LPISD and/or COLLEGE to bring to the attention of LA PORTE any notice of pending election contest, investigation, litigation or open records request which may be filed with either entity. 10. Recounts. A recount may be obtained as provided by Title 13 of the Texas Election Code. It is understood and agreed that the entity requiring the recount shall be responsible for the supervision of the recount and shall appoint all personnel for the recount. The parties agree to work cooperatively with one another, promptly making available all election records, equipment, and supplies requested by the entity conducting the recount. All costs of the recount shall be borne by the entity requiring the recount. 11Effective Date. This Agreement shall be effective upon passage by all parties hereto for the May 2017, general election of officers, and any necessary runoff elections stemming from the May 2017, general election. Said Agreement is for a one-year term expiring December 31, 2017, and shall automatically st renew thereafter on a year-to-year basis unless amended on or before December 31of the applicable year. This Agreement supersedes any other Agreement existing or in conflict herewith. 3