HomeMy WebLinkAboutContract 33957 RETA,RY
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THE STATE OF TEXAS II CONTRACT FOR
COUNTY OF DENTON ELECTION SERVICES
CITY OF FORT WORTH
BY THE TERMS OF THIS CONTRACT made and entered into by and between the City
of Fort Worth,acting by and through its City Manager or his/her designee(hereinafter referred to as
"City"), and DENTON COUNTY, TEXAS, acting by and through its Elections Administrator
hereinafter referred to as the Contracting Officer,pursuant to the authority of Section 31.091,of the
Texas Election Code, agree to the following particulars in regard to coordination, supervision and
running of the City of Fort Worth,November 7, 2006, Special Election in Denton County.
THIS AGREEMENT is entered into in consideration of the mutual covenants and promises
hereinafter set out. IT IS AGREED AS FOLLOWS:
L DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer
shall be responsible for performing the following duties and shall furnish the following services and
equipment:
A. The Contracting Officer shall arrange for appointment,notification(including writ of
election), training and compensation of all presiding judges, alternate judges, the judge of
the Central Counting Station if required and judge of the Early Voting Balloting Council.
a. The Contracting Officer shall be responsible for notification of each election
day and early voting presiding judge and alternate judge of his or her appointment. The
presiding election judge of each polling place will use his/her discretion to determine when
additional manpower is needed during peak voting hours. The Contracting Officer will
determine the number of clerks to work in the Central Counting Station and the number of
clerks to work on the early voting ballot board. The Contracting Officer with the approval of
the City shall utilize election judges appointed by the Denton County Commissioners Court.
b. The Contracting Officer shall compensate each election judge and worker.
Each judge and worker shall receive compensation per hour for services rendered based on
rates set by Denton County Commissioners Court.
C. Election Judges shall attend the Contracting Officer's school of instruction
(Elections Seminar) to be held Saturday, November 4, 2006, in the Denton County
Administration Building, 401 West Hickory, Denton 76201 or other location to be
announced at 9:00 a.m.
d. Election judges shall be responsible for picking up and returning election
supplies. Compensation for this pickup and return will be $25.00.
B. The Contracting Officer shall procure, prepare, and distribute ballots, election kits
and election supplies.
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a. The Contracting Officer shall secure election kits that include the legal
documentation required to hold an election and all supplies including locks, pens, magic
markers, etc.
b. The Contracting Officer shall secure all tables,chairs,duplication ballots,and
legal documentation required to run to the central counting station and/or early voting ballot
board.
C. The Contracting Officer shall provide all lists of registered voters required for
use on election day and for the early voting period required by law. The election day list of
registered voters shall be arranged in alphabetical order by polling place in lieu of alphabetic
by each precinct in each polling place. The Contracting Officer may use the computer
database for the list of registered voters during early voting.
d. The Contracting Officer shall procure and arrange for the distribution of all
election equipment and supplies required to hold an election.
1. Equipment includes the rental of voting machines, ballot boxes,
transfer cases, voting signs, and directional poles and tote boxes.
2. Supplies include ballots, sample ballots, early voting mail ballots,
sample ballots,pens, tape, markers, etc.
C. The Elections Administrator of Denton County,Texas, shall be appointed the Early
Voting Clerk by the City of Fort Worth for the election in Denton County.
a. The Contracting Officer shall supervise and conduct Early Voting by mail and
in person and shall secure personnel to serve as Early Voting Clerks.
b. Early Voting by personal appearance for the City of Fort Worth November 7,
2006, Election in Denton County shall be conducted on weekdays beginning Monday,
October 23,2006,and continuing through Friday,November 3,2006. Times are as follows:
October 23,2006 through October 27th, 8:OOam to 5:OOpm.; October 28th,and October 30th
through November 3, 7:OOam to 7:OOpm. and October 29th, 1:OOpm to 6:OOpm. Locations
and times of voting by personal appearance shall be as per Denton County Elections Memo at
Annex B.
C. All applications for an Early Voting mail ballot shall be received and
processed by the Denton County Elections Administration Office, P.O. Box 1720, Denton,
Texas 76202.
1. Applications for mail ballots erroneously mailed to the City of Fort
Worth shall immediately be faxed to the Contracting Officer for timely processing. The
original application shall then be forwarded to the Contracting Officer for proper retention
2. All Federal Post Card applications(FPGA)will be sent a mail ballot.
No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by personal
appearance)shall be prepared for count by the Early Voting Ballot Board in accordance with
Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be
TBA . The Board shall meet for preparation of the early voting ballots on
Friday,November 3, 2005, at 9:00 A.M.
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D. The Contracting Officer shall arrange for the use of all Election Day polling places.
The City of Fort Worth shall assume the responsibility of remitting 50%of the cost of all employee
services required to provide access, provide security, or provide custodial services for the early
voting and election day polling locations used that are located within the City of Fort Worth,Denton
County Texas.
E. The Contracting Officer shall be responsible for tabulation of the voted ballots in
accordance with Section 127.000 of the Election Code and of this agreement. Counting Station
Manager shall be the Elections Administrator of Denton County,Texas. Central Count Judge shall
be TBA . The Tabulation Supervisor and Tabulation Operator shall be provided
by the Denton County Elections Administration Office and paid as a contract expense.
a. The tabulation supervisor shall prepare,test and run the county's tabulation
system in accordance with statutory requirements and county policies,under the auspices of
the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting system shall be
conducted on Tuesday, September 19, 2006*, at 10:00 A.M., by the Contracting Officer.
(This date is subject to change based on receipt of jurisdiction ballot information and
programming. If date is changed, you will be notified at least 48 hours prior to test)
C. Election night reports will be available to City at the Elections Office on
election night.
d. The Contracting Officer shall prepare the unofficial canvass report after
all precincts have been counted, and will provide a copy of the unofficial canvass to
the City as soon as possible after all returns have been tallied.
e. The Contracting Officer shall be appointed the custodian of the voted ballots
and shall retain all election material for a period of 22 months.
1. Pending no litigation and as prescribed by law,the voted and unused
ballots shall be shredded or recycled 22 months after the election.
2. The City can obtain the list of registered voters from the Elections
Administration Office during this retention period. Pending no litigation and if the City does
not request the lists,the Contracting Officer shall destroy them 22 months after the election.
f. The Contracting Officer shall conduct a partial manual count as prescribed by
Section 127.201 of the Texas Election Code and submit a written report to the City in a
timely manner. The Secretary of State may waive this requirement. If applicable,a written
report shall be submitted to the Secretary of State as required by Section 127.201(e) of the
aforementioned code.
F. Should a recount be required in the City of Fort Worth special election, the
recount process shall be administered in accordance with Chapter 213 of the Texas Election
Code, with the Denton County Elections Administrator providing a controlled location, staffing,
ballots, equipment and other necessary materials to complete the recount process in an effective
and timely manner. Costs associated with the recount, if any, shall be negotiated at the time the
recount is requested.
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II. Duties and Services of the City. The City shall assume the following responsibilities:
A. The City shall prepare the election orders, resolutions, notices,justice department
submissions,official canvass and other pertinent documents for adoption by the appropriate office or
body.
a. The Contracting Officer shall publish and post the Notice of the Public Logic
and Accuracy Test of the electronic voting system and one press release. The Contracting
Officer shall also prepare a certification of tabulation and an unofficial canvass reports that
will assist the City Council with the official canvass.
b. The City assumes the responsibility of posting all notices and likewise posting
the schedules for Early Voting and Election Day.
B. The City shall provide the Contracting Officer with the ballot wording and Spanish
interpretation.
a. The City shall deliver to the Contracting Officer as soon as possible, but no
later than noon Friday, September 1,2006,the official wording for the City's November 7,
2006, Charter Election.
b. The City shall approve the"blue line"ballot format prior to the final printing.
C. The City shall post the publication of election notice by the proper methods with the
proper media.
D. The City shall prepare and submit to the U.S.Department of Justice under the Federal
Voting Rights act of 1965, any required submissions on voting changes.
E. The City shall compensate the Contracting Officer for any additional election costs
incurred in the process of running this election or for a re-count this election may require.
F. The City shall submit with this signed contract a deposit of 90% of the estimated
election cost. The contract will not be accepted without this deposit.
G. The City shall pay a prorated cost of conducting the said election, plus the 10%
administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the
date of final billing.
G. The City shall provide the Contracting Officer with a"final"list of the jurisdictions
allowed to vote in this election. This list will be provided to the Contracting Officer not later than
September 5, 2006.
III. Cost of Services. Costs of services will be prorated for ballots based on City of Fort
Worth precincts voting. The City of Fort Worth will reimburse 50%
of ballot printing costs. Costs of labor and election supplies will be
split 50/50 with Denton County or other calculated rate if additional
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jurisdictions participate in the Fort Worth city area of Denton County.
See Annex A attached.
IV. General Provisions.
A. Nothing contained in this contract shall authorize or permit a change in the officer
with whom or the place at which any document or record relating to the City's November 7, 2006,
Special Election is to be filed or the place at which any function is to be carried out, or any
nontransferable functions specified under Section 31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices and other
charges received in the process of running said election for the City.
C. If the City cancels their election pursuant to Section 2.053 of the Texas Election
Code,the Contracting Officer shall be paid a contract preparation fee of$75. An entity canceling an
election will not be liable for any further costs incurred by the Contracting Officer in conducting the
November 7, 2006, Special Election.
D. The Contracting Officer shall file copies of this contract with the County Judge and
the County Auditor of Denton County, Texas.
WITNESS BY MY HAND THIS THE DAY OF �-�.� , 2006.
DENTON COUNTY, TEXAS
By:
DON ALEXANDER
Denton County Elections Administrator
Denton County, Texas
WITNESS BY MY HAND THIS THE_ �l DAY OFC4JVfY� 2006.
CHARLES BOSWELL
City Manager, City of Fort Worth,
APPRO ED AS TO
FOR GALITY:
Attested By:
SSI TANT CITY ATTORNEY f
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Denton County Elections Administration
November 7, 2006 General Election
Early Voting Locations Dates and Times
Monday - Friday October 23 —27 Sam—5pm
Saturday October 28 lam—7pm
Sunday October 29 1pm—6pm
Monday—Friday October 30—November 3 lam—7pm
Aubrey Community Center Lewisville Municipal Annex
226 Countryside, Aubrey 1197 W. Main Street, Lewisville
Justin Municipal Building Carrollton Public Library
415 N. College, Justin 4220 N. Josey, Carrollton
Sandy Jacobs Government Center Joseph A. Carroll Admin. Building
1029 Rosemeade Pkwy., Carrollton 401 W. Hickory, Denton
The Colony Government Center Denton City Hall
6301 Main, The Colony 215 E. McKinney, Denton
Highland Village City Hall Lake Dallas City Hall
1000 Highland Village Rd., Highland Village 212 Main Street, Lake Dallas
Flower Mound Police and Court Building Frankford Town Houses
4150 Kirkpatrick, Flower Mound 18110 Marsh Ln., Dallas
Roanoke Community Center
312 S. Walnut, Roanoke
The following early voting sites will ONLY be open the dates and times listed:
Sanger First Baptist Church October 23 —24 8:00a—5:00p
708 S. 5 St., Sanger October 25 8:00a—4:00p
October 26—27 8:00a—5:00p
October 30—31 7:00a—7:00p
November 1 7:00a—4:00p
November 2—3 7:00a—7:00p
Trophy Club MUD
100 Municipal Drive, Trophy Club October 28 7:00a—7:00p
November 2—3 7:00
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