Loading...
HomeMy WebLinkAboutContract 37551THE STATE OF TEXAS A COUNTY OF DENTON )( CITY OF FORT WORTH )( !;! 1 Y SECRETARY C� 11 i 1`7ACT No a �31ESII� CONTRACT FOR ELECTION SERVICES LOCAL OPTION ELECTIONS BY THE TERMS OF THIS CONTRACT made and entered into by and between the City of Fort Worth, as duly authorized by the City Council hereinafter referred to as the Council, serving by and through its Mayor, as duly authorized by the Council, 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 4, 2008, Local Option 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: I. 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. 1. 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 shall utilize election judges appointed by the Denton County Commissioners Court. 2. 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. 3. Election Judges shall attend the Contracting Officer's school of instruction (Elections Seminar) to be held November 1, 2008 at 9:00 a.m. in the Denton County Administration Building, 401 West Hickory, Denton 76201 or other location to be announced. 4. 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. 1. 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. OFFICIAL RECORD CITY SECRETARY �T, WORTH, TX CONTRACT FOR ELECTION SERVICES LOCAL OPTION ELECTIONS - NOVEMBER 4, 2008 DENTON COUNTY 2. The Contracting Officer shall secure all tables, chairs, duplication ballots, and legal documentation required to run the central counting station and/or early voting ballot board. 3. 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. 4. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. a. Equipment includes the rental of voting machines, ballot boxes, transfer cases, voting signs, and directional poles and tote boxes. b. Supplies include ballots, sample ballots, early voting mail 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. 1. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Clerks. 2. Early Voting by personal appearance for the City of Fort Worth, November 4, 2008, Local Option Election in Denton County shall be conducted on weekdays beginning Monday, October 20, 2008, and continuing through Friday, October 31, 2008. Times are as follows: October 20th through October 24th 8*00am to 5@00pm; Saturday, October 25t" lam- 7pm, Sunday October 26th 1 pm — 6 pm, Monday, October 271h through Friday, October 31 st, 7:00am through 7@00pm. Locations and times of voting by personal appearance shall be as per Denton County Elections Memo at Annex Be 3. 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. a. 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 b. All Federal Post Card applications (FPCA) will be sent a mail ballot. No postage is required. 4. 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 Chapter 87 of the Texas Election Code. The presiding judge of this Board shall be appointed - 2 - ��rl°1C1A� REC(iRD CITY SECRETARY FT, WORTH, TX CONTRACT FOR ELECTION SERVICES LOCAL OPTION ELECTIONS - NOVEMBER 4, 2008 DENTON COUNTY by the Denton County Election Board no later than October 1, 2008. The Board shall meet for preparation of the early voting ballots on (as ordered by Commissioners Court.) 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 Chapter 127 of the Election Code and of this agreement. The Counting Station Manager shall be the Elections Administrator of Denton County, Texas. The Tabulation Supervisor and Tabulation Operator shall be provided by the Denton County Elections Administration Office and paid as a contract expense. 1. 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. 2. The Public Logic and Accuracy Test of the electronic voting system shall be conducted no later than October 31, 2008 by the Contracting Officer. (This date is subject to change based on receipt of jurisdiction ballot information and programming. If date is changed, the City of Fort Worth will be notified at least 48 hours prior to test). 3. Election night reports will be available to Council at the Elections Office on election night. 4. 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 Council as soon as possible after all returns have been tallied. 5. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. a. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded or recycled 22 months after the election. b. The Council can obtain the list of registered voters from the Elections Administration Office during this retention period. Pending no litigation and if the Council does not request the lists, the Contracting Officer shall destroy them 22 months after the election. 6. 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 Council in a timely manner. The Secretary of State may waive this requirement. If applicable, a written -3- ®FFICIAL RECORD CITY SECRETARY FT WORTH, TX CONTRACT FOR ELECTION SERVICES LOCAL OPTION ELECTIONS - NOVEMBER 4, 2008 DENTON COUNTY report shall be submitted to the Secretary of State as required by Section 127.201(e) of the aforementioned code. Il. Duties and Services of the Council. The Council shall assume the following responsibilities: A. The Council shall prepare the election orders, resolutions, notices, justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. 1. 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 report that will assist the Council with the official canvass. 2. The Council assumes the responsibility of posting all notices and likewise posting the schedules for Early Voting and Election Day. B. The Council shall provide the Contracting Officer with the ballot wording and Spanish interpretation. 1. The Council shall deliver to the Contracting Officer as soon as possible, but no later than 3:00 pm Wednesday, August 27, 2008, the official wording in English and Spanish for the Council's November 4, 2008, Local Option Election. 2. The Council shall approve the "blue line" ballot format prior to the final printing. C. The Council shall post the publication of election notice by the proper methods with the proper media. D. The Council 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 Council 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 Council 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 Council 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. -4- ���101l�1� T. WOWH, TX CONTRACT FOR ELECTION SERVICES LOCAL OPTION ELECTIONS - NOVEMBER 4, 2008 DENTON COUNTY H. The Council 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 no later than August 29, 2008. III. Cost of Services. Costs of services will be prorated for ballots based on the 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. The City of Fort Worth will pay 100% of all programming fees. 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 Council's November 4, 2008, Charter 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 Council. C. If the Council 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 4, 2008, Local Option Elections. 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 S ivt, 2008. DENTON COUNTY, TEXAS By: DOI Denton County Elections Administrator Denton County, Texas -5- OFFICIAL RECORD CITY SECRETARY F r. WORTH, TX � CONTRACT FOR ELECTION SERVICES LOCAL OPTION ELECTIONS - NOVEMBER 4, 2008 DENTON COUNTY WITNESS BY MY HAND THIS THE DAY OF , 2008. Mayor " City of Fort Worth, Denton County, Te: Dale A. Fisseler, P.E." � City Manager City of Fort Worth, Texas AP VED AS TO FORM AND LEGALITY: ATTEST: David Yett Ci ty Attorney Marty Hendrix City Secretary - 6 - OFFICf�►L RECORD ciTY sECRErAR� FT. WORTH, TX