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HomeMy WebLinkAboutContract 41743 (2)� SEC 1 CONTRACT NO, _Y.. ,1. . CONTRACT R ELF; CTION SERVICkS WITH PARKER COUNTY ELECTIONS ADMINISTRTION AND THE CITY OF FORT WORTH THIS CONTRACT made this /13 day of , 2011, by and between the Contracting Officer, acting by and through the Governing Body of The City of Fort Worth, hereinafter referred to as "Governing Body' and Robert Parten, Elections Administrator of Parker County, Texas, hereinafter referred to as "Contracting Officer", and by authority of Section 31.092(b), Texas Flection Code, for services in the General Election to be held on May 14, 2011. WHEREAS, on May 14, 2011, the City of Fort Worth will hold an Election. The implementation and actual management of the Parker County portion of the joint General Election shall be with Parker County Elections Administration. DUTIES AND SERVICES OF CONTRACTINGCONTFtACTING OFFICER The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment. (a) Procure and distribute all necessary election supplies, including: (1) ballots (2) election kits (3) early voting equipment (b) Procure all necessary voting machines and equipment, and prepare the voting machines and equipment for use, as described in separate Rental Agreement. (c) Arrange for the selection, notification, and compensation of the election judges and clerks at early voting and election day locations. Conduct the training and distribute election supplies for election officials. (d) Supervise and conduct early voting in person and by mail. Arrange for the selection, notification, and compensation of the Deputy Early Voting Clerks. Branch early voting locations, including days and hours of voting, are established in the Order of Election. Ballot by mail request shall be mailed to Early Voting Clerk. Parker County and will be processed by the Contracting Officer. Robert Parten Parker County Elections Administrator, will serve as Early Voting Clerk and Michele Bennett, will serve as Deputy Early Voting Clerk. (e) To tabulate unofficial returns and provide all documents for the official canvass to the City of Fort Worth City Secretary as prescribed by the Texas Election Code. (f) Conduct a manual count of at least one percent (1%) of the election precincts or in three (3) precincts, whichever is greater, and submit a written report. (g) Publish the legal notice of the date, time, and place of the test of the electronic tabulating equipment and conduct such test. (h) Serve as custodian of elections records. The custodian of the election -records shall preserve all election material for 22 months. The custodian of the election records shall also ORD preserve a record of the final tally of said election. The custodian will make all info7rsti9a.btrarnARyo said election available. ` " FT. WORTH, TX CONTRACT FON ELECTION SERVICES WITH PARIn N COUNTY EI= CTIONS ADMINISTRATION AND THE CITY OF FORT WORTH (I) Assist in providing the general overall supervision of the election and provide the advisory services in connection with the decisions to be made and the actions to be taken by the Governing Body which is responsible for holding the election. (i) as possible. Prepare the unofficial canvass report and deliver copy to Governing Body as soon (k) The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.951(g). (I) The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Hection Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. (m) The Elections Administrator shall be responsible for conducting the post -election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. NUN FF ELECTIONS Each participating authority uthuity shall Lail have the option of exend• y 4 . u ttAs of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election, shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 14, 2011, election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 18, 2011. OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 2 CONTRACT FOR ELECTION SERVICLS V 1TH PARKER COUNTY ELMT1ONS ADMINISTRATION AND THE CITY OF FORT WORTH DUTIES AND Sl' VOCES OF G oVEIRNONG o V The Governing Body shall, at its sole cost and expense, perform the following: (a) Prepare appropriate documents for assisting the Contracting Officer in establishing precincts and polling places, election judges, and members of the Early Voting Ballot Board, if necessary. (b) Prepare all election orders, resolutions, notices, and other statutory documents for adoption and for execution by the appropriate officer. Take all actions required by law for calling the election, handling contests, canvassing the returns, and declaring the results. (c) Prepare and publish in the official newspaper, or post, all required election notices. (d) Deliver to the Contracting Officer by March 16, 2011, the official wording that is to be printed on the ballot with the exact form, order, Spanish translation, and spelling that is to be used. The Governing Body shall approve the final form and wording of the proposed ballot. (e) Pay any additional costs incurred by the Contracting Officer if a recount for the election is required, or the election is contested in any manner. (f) Prepare and submit to the U.S. Department of Justice under the Federal Voting Rights Act of 1965, the required submissions on voting changes and procedures. (g) Preparing and submitting for pre -clearance to the United States Department of Justice any changes in voting practices. The City of Fort Worth shall hold the CONTRACTING OFFICER harmless for denial of pre -clearance by the Department of Justice and shall pay any and all expenses incurred by the CONTRACTING OFFICER prior to written notification to the CONTRACTING OFFICER of denial. GENERAL CONDITIONS (a) Nothing contained in this contract shall authorize or permit a change in: (1) The officer with whom or the place at which any document or record relating to the election is to be filed; (2) The place at which any function is to be carried out; (3) The officers who will prepare the official canvass of the election returns; (4) The officer who will serve as custodian of the voted ballots or other election records; or (5) Any other nontransferable functions specified by Section 31.096 of the Texas Election Code. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3 CONTRACT FOR ELECTION StR 'ICJ S WITH PARKER COUNTY ELECTIONS ADMINISTRATION AND TI=IW CITY OF FORT WonTii (b) The Contracting Officer is the agent of the Governing Body for the purposes of contracting with the third parties, with respect to the election expenses within the scope of the Contracting Officer's duties; and the Contracting Officer is not liable for the Governing Body's failure t© pay a claim. (c) the Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Parker County, Texas. (d) The days and hours of early voting will be as follows: MAY2 8:00-5:00 MAY6 8:00-5:00 MAY3 7:00-7:00 MAY9 8:00a5:00 MAY4 8:00-5:00 MAY 10 8:00 5:00 MAY5 7:00 7:00 ECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees ees that any recount It shall talk plaice at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. PAYMENT FOR SERVICES (a) Only the actual expenses directly attributable to the Contract may be charged, plus an administrative fee of 10% of such actual costs. (Section 31.100(b), Texas Election Code) (b) As partial payment of the Contract estimate of $959.96, the Governing Body shall pay to Parker County the sum of, $719.97 at the time the contract is executed and the election is called. The balance for such services shall be paid within thirty (30) days from receipt of final billing. In the event said election is canceled in accordance with Section 2.052, the Governing Body shall reimburse the county for any expenses incurred as of that date. 4 f*FlCutt RECORD CITY SECRETARY FT. WORTH, TX CONTR CT FOR ELtCTION SERVICES WITH PARKER COUNTY %,UWTIONS ADMINISTRATION AND THE CITY OF FORT WORTH JOINT CONTRACT ACCIttf,IPTANClh AN �) PP[OVAL: CCE T Erg AND , ' }-}[ ' LU Tt NY THE cow OF F0NT WORTH: BY MIKE MO CITY OF FORT WORT AYE WITNrSS the following signatures and seal: • BY TOM HIGGINS, IN CITY OF FORT WORTH M CITY MANAGER APPROVED AS TO Ff= RM: BY CHARLENE SANDERS, ASSISTANT CIMTTORNEY CITY OF FORT WORTH ATTEST: By hL MARTY HENDRIX 1 ITY SECRETAR CITY or FORT WORTH APPROVED AS TO FORM: BY JOHN FORREST JR. COUNTY ATTORNEY PARKEQ99UNTY, TEXAS ATTEST: BY ROBERT PARTEN, ELECTIONS ADMINISTRATOR PARKER COUNTY, TEXAS NO MSC REQUIRED instrisWN000 ia 141)00 0° ne ‘4Q4 tillittaazatrt. • OFFICIAL RECORD CITY SECRETARY -T. WORTH, TX FRED M. BARKER Assistant County Attorney KELLY BRADFORD Assistant County Attorney (CPS) JOHN M. HALL Assistant County Attorney STEVEN BOSSER Assistant County Attorney BRETT LANE Chief Criminal Investigator SABRA SWAIM Criminal Investigator BILL WILSON Criminal Investigator April 26, 2011 Mike Moncrief, Mayor City of Fort Worth 1000 Throckmorton Rtroot JOHN FORREST PARK H,'t COUNTY „ T u C HWY 118 W. COLUMBIA S T . WEATHERFORD, TEXAS 76086 TELEPHONE: (817) 594-8409 FACSIMILE' (817) 594-8414 KEN HANSON Assistant County Attorney GLEN WILSON Assistant County Attorney BRANDY OLIPHINT Assistant County Attorney (AFV) NATALIE BARNETT Assistant County Attorney (AFV) JAMIE TIERCE Legal Research LISA MEHRHOFF Victim Assistance Coordinator (AFV) oqPR a0.10/I 1 Fort Worth, TX 76102 Doar Mayor Moncrief: Please find enclosed an executed original of the Contract for Election Services with Parker County Elections Administration and your City for your files. If you should have any questions, please feel free to call the number listed above. Thank you for your assistance in this matter. Sincerely, Jahhie Tierce Legal Research JT:cf i;.nclosure cc: Robert Parten, Elections (with enclosure) Mike Rhoten, Auditor (with enclosure) Melinda Gibbins, County Clerk (with enclosure) OFFICL$ej, CITY SECialia FT. WORTH, TX