WITNESSETH: WHEREAS, the City conducts its own municipal elections pursuant to Georgia law; and
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1 Jul :15p John Croley Attorne y p 2 STATE OF GEORGIA, COUNTY OF BEN HILL. CONTRACT This contract entered into by and among BEN HILL COUNTY, GEORGIA (hereinafter referred to as "the County") and the CITY OF FITZGERALD, GEORGIA (hereinafter referred to as "City") relating to the conducting of the November 8, 2011, municipal elections. WITNESSETH: WHEREAS, the City conducts its own municipal elections pursuant to Georgia law; and WHEREAS, the City wishes to conduct its municipal elections at least in part by electronic means; and WHEREAS, the County owns such equipment that will allow voting by electronic means and the expertise necessary to operate such equipment; NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. It is agreed that the County will make available to the City ten (10) Touch Screen Direct Electronic Systems (TS DREIto allow City voters to cast their votes (including 21-day inhouse absentee ballots) by electronic means in the City's municipal election scheduled to be held on Tuesday, November 8, 2011, and provide assistance to the City as noted in paragraph 3 herein. 2. It is agreed that with respect to said election, the City will perform the following functions: a. Calling of the election. b. Superintendence and management of the special election, including consultation of, recruitment and expense of poll workers. c. Provision of polling place for City of Fitzgerald voters to cast ballots at the Fitzgerald Fire Department, 315 East Pine Street, Fitzgerald, GA 31750, with all pertinent and appropriate accommodations and necessary I : Page 2
2 Jul :15p John Croley Attorne y p. 3 logistics on the day of the election. d. Provide early voting from Monday through Friday 21 days next preceding the election. e. Accept voter registration applications and forward to the Elections Board. f. Provide postage for Absentee Ballot mailings. g. Be responsible for ordering and payment to Tatnall for ballots. h. Absentee ballot application process for 21-dav in-house absentee ballots. i. Absentee ballot mail-out distribution. j. Qualifying of candidates k. Verifying electors list accuracy I. Consolidation of election m. Enlistment and training of poll workers n. Contract logistics and accuracy and GEMS technicians 3. It is agreed that with respect to the election, the County will perform the following functions with regard to the November 8, 2011, municipal election: a. Accept voter registration applications and register voters. b. Provide space for early voting 7:30 a.m. to 4:00 p.m. daily, at the Ben Hill County Board of Elections office, 324B East Pine Street, Fitzgerald, GA c. Technical support to include, but not limited to: i. Assisting in the preparation of the ballot; ii. Tallying of all election results; and, iii. Printing of all reports provided from the GEMS center that are necessary for consolidation. 4. For the provision of the foregoing services with respect to the municipal election, the City shall pay to the County the sum of Nine thousand and no/100 DOLLARS ($9,000) for the municipal elections, and the sum of Three thousand and no/100 DOLLARS ($3,000) for a run-off election, if necessary, which payment(s) shall be due no later than December 31, The City shall be responsible for the moving of the voting equipment to and from the Elections Board office to the municipal polling place. The City agrees to ensure that the : Page 3
3 Jul :16p John Croley Attorney p.4 equipment shall be handled in a safe and careful manner. The City Administrator shall make arrangements with the County Manager for the purpose of moving the voting equipment. 6. The City shall be responsible for the repair and/or replacement of any equipment or devices which are destroyed, damaged, or otherwise rendered incapable of use during moving, in-house voting, the municipal election and while otherwise in the possession and control of the City. 7. Within one (1) week after the municipal election, the County shall administer a logistics and accuracy test to determine whether said equipment sustained any damage during the election (including in-house voting), moving, and while otherwise in the possession and control of the City. 8. If any of the voting equipment is damaged, the County shall tender written notice of such to the City within five (5) days of the post-election logistics and accuracy test and the City shall have five (5) days from receipt of such notice to make arrangements with the County for the repair and/or replacement of said damaged equipment. In no event shall the repair or replacement of damaged equipment occur later than December 31, This instrument constitutes the entire agreement between the parties hereto, and no modification hereof shall be binding on the parties unless the same is reduced to writing and signed by the parties. 10. This contract shall be governed by the laws of the State of Georgia. 11. Time is of the essence of this agreement : Page 4
4 Jul :16p John Cro1e Attorne y p. 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day of, BEN HILL COUNTY, GEORGIA By: Philip C. Jay, III, Chairman Attest: Paula J. Jones, Clerk Sworn to and subscribed before me this day of, [SEAL OF COUNTY] Notary Public, Ben Hill County, Georgia Commission Expires: (AFFIX NOTARY SEAL HERE) THE CITY OF FITZGERALD, GEORGIA By: Attest: Gerald H. Thompson, Mayor [SEAL OF CITY] Sworn to and subscribed before me this day of, City Clerk Notary Public, Ben Hill County, Georgia Commission Expires: (AFFIX NOTARY SEAL HERE) : Page 5
5 Jul :16p John Crolet Attorne y P G Attachment "A" 2011 Budget City of Fitzgerald Municipal Election Ben Hill County Services Office Employees Ben Hill County $ 9, The Ben Hill County Board of Elections office responsibilities will include all duties pertaining to the law including but not limited to: building Ballots with KSU, ordering ballots, Absentee Ballot application process for twenty-one (21) days, twentyone (21) days in-house Absentee voting, accepting voter registration applications and register voters, credits for voting at the time of the vote cast into the state sub system, marking all books and express poll machines for election day, and set-up of DRE (touchscreen) equipment. Provide advance voting from Monday through Friday during the week next preceding the election, 7:30 a.m. to 4:00 p.m. daily, at the Elections Board's office, 324B East Pine Street, Fitzgerald, Ga Furnish any and all other technical assistance necessary to conduct and certify the election and any run-off associated therewith. The amount of time from start to finish of the election will be approximately six (6) weeks. TOTAL $ 9, Bud et City of Fitzgerald Municipal Election Run-off Ben Hill County Services Office Employees Ben Hill County $3, TOTAL $3, : Page 6
6 Jul :17p John Croley Attorne y P.7 STATE OF GEORGIA, COUNTY OF BEN HILL. CONTRACT This contract entered into by and among BEN HILL COUNTY, GEORGIA (hereinafter referred to as "the County") and the CITY OF FITZGERALD, GEORGIA (hereinafter referred to as "City") relating to the conducting of the November 2, 2010, municipal special election. WrTINIESSETH: WHEREAS, the City conducts its own municipal elections pursuant to Georgia law; and WHEREAS, the City wishes to conduct its municipal elections at least in part by electronic means; and WHEREAS, the County owns such equipment that will allow voting by electronic means and the expertise necessary to operate such equipment; NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. It is agreed that the County will make available to the City the equipment necessary to allow City voters to cast their votes (including 28-day in-house absentee ballots) by electronic means in the City's municipal special election scheduled to be held on Tuesday, November 2, 2010, and provide assistance to the City as noted in paragraph 3 herein. 2. It is agreed that with respect to said election, the City will perform the following functions: a. Calling of the election. b. Superintendence and management of the special election, including consultation of, recruitment and expense of poll workers. c. Provision of polling place for City of Fitzgerald voters to cast ballots at the Fitzgerald Fire Department with all pertinent and appropriate accommodations and necessary logistics on the day of the election. d. Provide early voting from Monday through Friday 28 days next preceding the election, 7:30 a.m. to 4:00 p.m. daily, at City Hall, 302 East Central Avenue, Fitzgerald, GA e. Accept voter registration applications and forward to the Elections Board. f. Provide postage for Absentee Ballot mailings. g. Be responsible for payment to Tatnall for ballots : Page 7
7 Jul :17p John Crole Attorne y p.e h. Absentee ballot application process for 28-day in-house absentee ballots. i. Absentee ballot mail-out distribution. 3. It is agreed that with respect to the election, the County will perform the following functions with regard to the November 2, 2010, municipal special election: a. Accept voter registration applications and register voters. b. Perform logistics and accuracy testing on voting equipment prior to use of the equipment for in-house voting and on November 2, c. Technical support to include: i. Assisting in the preparation of the ballot; ii. iii. Tallying of all election results; and, Printing of all reports provided from the GEMS center that are necessary for consolidation. 4. For the provision of the foregoing services with respect to the municipal special election, the City shall pay to the County the sum of FOUR THOUSAND AND 00/100 DOLLARS ($4,000.00), which payment shall be due no later than December 31, The City shall be responsible for the moving of the voting equipment to and from County storage, City Hall and the municipal polling place. The City agrees to ensure that the equipment shall be handled in a safe and careful manner. The City Manager shall make arrangements with the County Manager for the purpose of moving the voting equipment. 6. The City shall be responsible for the repair and/or replacement of any equipment or devices which are destroyed, damaged, or otherwise rendered incapable of use during moving, in-house voting, the municipal special election and while otherwise in the possession and control of the City. 7. Within one (1) week after the special election, the County shall administer a logistics and accuracy test to determine whether said equipment sustained any damage during the special election (including in-house voting), moving, and while otherwise in the possession and control of the City. 8. If any of the voting equipment is damaged, the County shall tender written notice of such to the City within five (5) days of the post-election logistics and accuracy test and the City shall have five (5) days from receipt of such notice to make arrangements with the County for the repair and/or replacement of said damaged equipment. In no event shall the repair or replacement of damaged equipment occur later than December 31, This instrument constitutes the entire agreement between the parties hereto, and no modification hereof shall be binding on the parties unless the same is reduced to writing and signed by the parties. 10. This contract shall be governed by the laws of the State of Georgia : Page 8
8 Jul :18p John Croley Attorne y P 9 1 I. Time is of the essence of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the of September, day BEN HILL COUNTY, GEORGIA By: Philip C. Jay, III, Chairman Attest: Paula J. Jones, Clerk [SEAL OF COUNTY] Sworn to and subscribed before me this day of, Notary Public, Ben Hill County, Georgia Commission Expires: (AFFIX NOTARY SEAL HERE) THE CITY OF FITZGERALD, GEORGIA By: Gerald H. Thompson, Mayor [SEAL OF CITY) Attest: City Clerk Sworn to and subscribed before me this day of, Notary Public, Ben Hill County, Georgia Commission Expires: (AFFIX NOTARY SEAL HERE) : Page 9
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