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HomeMy WebLinkAboutContract 59287CSC No. 69 a87 THE STATE OF TEXAS COUNTY OF TARRANT JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Tarrant County : ALEDO ISO ARLINGTON ISO BURLESON ISO CARROLL ISO CASTLEBERRY ISO CITY OF ARLINGTON CITY OF AZLE CITY OF BLUE MOUND CITY OF BURLESON CITY OF COLLEYVILLE CITY OF FOREST HILL CITY OF FORT WORTH CITY OF GRAND PRAIRIE CITY OF HAL TOM CITY CITY OF HASLET CITY OF KELLER CITY OF KENNEDALE CITY OF MANSFIELD CITY OF NORTH RICHLAND HILLS CITY OF RICHLAND HILLS CITY OF RIVER OAKS CITY OF SAGINAW CITY OF SANSOM PARK CITY OF WATAUGA CITY OF WESTWORTH VILLAGE CITY OF WHITE SETTLEMENT CROWLEY ISO EAGLE MOUNTAIN-SAGINAW ISO FOREST HILL PUBLIC LIBRARY DISTRICT FORT WORTH ISO GODLEY ISO GRAPEVINE-COLLEYVILLE ISO HURST-EULESS -BEDFORD ISO KELLER ISO KENNEDALE ISO LEWISVILLE ISO MANSFIELD ISO NORTHWEST ISO TARRANT COUNTY COLLEGE DISTRICT TARRANT REGIONAL WATER DISTRICT TOWN OF FLOWER MOUND TOWN OF LAKESIDE TOWN OF TROPHY CLUB WHITE SETTLEMENT ISO The Tarrant County Elections Administrator and the political subdivisions mentioned above may be collectively referred to as "Parties " or individually as a "Party ". This Contract is made pursuant to Texas Election Code Sections 31 .092 and 271 .002 -271 .004, if applicable, and Texas Education Code Section 11.0581 for a joint May 6, 2023 election to be administered by the undersigned Tarrant County Elections Administrator , hereinafter referred to as "Elections Administrator." This term includes the Assistant Elections Administrator in the Elections Administrator's absence or disability. RECITALS Each Participating Authority listed above plans to hold a general and/or special election on May 6 , 2023. If a run- off election or a repeat election is necessary because of legal action , the date of that election will be June 10 , 2023 . The County owns an electronic voting system , the Hart lnterCivic Verity Voting System (Version 2.4), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 , as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions , also known interchangeably as "Entities " or "Participating Authority(ies)", desire to use the Coun _ ' Je Gtffll'ri rng s stem and to compensate the County for such use and to share in certain other expenses ntract for Election Services ---Page 1 FT. WORTH, lX 11( EA Initials Entity Rep Initials connected with jo int elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code , as amended . The entity desires to contract for the voting system as described , in tandem w ith the County 's elections servi ces through the Elections Administrator's office , and to compensate the County for such use and to share in other expenses connected with join elections in accordance with the appl icable prov isions of law and of this contract. NOW THEREFORE , in consideration of the mutual covenants , agreements , and benefits to the Parties , IT IS AGREED as follows : I. ADMINISTRATION The Parties agree to hold a joint elect ion with each othe r ("Joint Election ") in acco rdance w ith Chap te r 271 of the Texas Election Code and this Agreement. The Tarrant County Elections Administrator shall coordinate , supervise , and hand le a ll aspects of administering the Joint Election as provided in this Agreement. Each Participating Authority ag rees to pay the Tarrant County Elections Administrator for equipment , supplies , serv ices , and administrative costs as provided in th is Agreement. The Tarrant County Elections Admin istrator shall serve as the adm inistrator for the Joint Election ; however, each Participat ing Authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election . The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each Participating Authority as necessary . Legal advice to or legal representation of the Ent ities/political subdivisions/Participating Authorities by the Election Administrator's office or lawyers who advise or represent the Elect ion Administrator is not included herewith ; each Entity should consult with its own counsel for any legal issues that arise , or w ith the Texas Secretary of State , as appropriate . It is understood that other political subdivisions may wish to participate in the use of the County 's electronic voting system and polling places , and it is agreed that the Elections Admin istrato r may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this Contract. In such cases , costs shall be pro-rated among the participants according to Section XI of this Contract. Each Participating Authority agrees to adopt the Verity Voting System v. 2 .5, from HART l nterCivic , as the Voting System for this election , so that it may be used , in accordance with the terms and conditions specified in the certification order issued by the Texas Secretary of State , for all forms of voting , including election day voting at polling locations , early voting in person , early voting by mail , and provisional voting . At each polling location , joint participants shall share voting equipment and supplies to the extent possible . The Participating Authorities shall share a mutual ballot in those polling places where jurisd ictions overlap. However , in no instance shall a voter be permitted to receive a ballot contain ing an office or proposition stating a measure on which the voter is ineligible to vote . Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each Participating Authority shall be responsible for the preparation , adoption , and publication of all required elect ion orders , resolutions , notices , and any other pertinent documents required by the Texas Election Code and/or the Participating Authority 's governing body , charter, or ordinances , except that the Elections Administrator sha ll be responsible for the preparation and publication of all voting system testing notices that are required by the Texas Election Code. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each Participating Authority , including translation to languages other than English , including (but not necessarily limited to), as required by law , Spanish and Vietnamese . Each Participating Authority shall provide a copy of their respective election orders and not ices to the Tarrant County Elections Administrator . Ill. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locat ions will be , whenever possible , the usual voting location for each election precinct in elections conducted by each participating city , and shall be compliant with the accessib ility requirements established by Election Code Sect ion 43 .034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this Agreemen t. In the event that a voting locat ion is not available or appropriate , the Elections Adm inistrator will arrange for Joint Election Agreement and Contract for Election Services ---Page 2 EA Initi als Entity Rep Initia ls use of an alternate locati on with the approval of the affected Partic ipating Authorities . The Elections Admin istrator shall notify the Part icipat ing Authorities of any changes from the locations listed in Attachment A. If polling places for the May 6 , 2023 joint election are different from the polling place(s ) used by a Partic ipating Authority in its most recent e lection , the authority agrees to post a no ti ce no later than May 6 , 2023 at the e ntrance to any previous polling places in the jurisdiction stating that the pol ling locat ion has changed and stating the political subdivision 's polling place names and addresses in effect for the May 6 , 2023 election . Th is not ice shall be w r itten in both the English , Spanish , and Vietnamese languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge fo r each polling location. The Elections Administrator shall make emergency appo intments of election officials if necessary. Upon request by the Elections Administrator, each Participating Authority agrees to ass ist in recruiting polling place officials who are bil ingual [(fluent in both English and Spanish) and (fluent in both English and Vietnamese)]. In compliance with the Federal Voting Rights Act of 1965 , as amended , each polling place containing more than 5% Hispanic or Vietnamese populat ion as determined by the most recent Census used for such determinations shall have one or more election offic ials who are fl uent in both Engl ish and Spanish , or both Engl ish and Vietnamese , as applicable . If a presiding judge is not bilingual , and is unable to appoint a bilingual clerk , the Elections Administrator may recommend a bilingual worker for the polling place . If the Elections Administrator is unable to recommend or recruit a b ilingual worker, the Participating Authority or authorities seNed by that polling place shall be responsible for recruiting a bilingual worker for interpretation and translation seNices as needed at that poll ing place. The Elect ions Administrato r shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code and will take the necessary steps to ensure that all election judges appointed for the Joint Election are eligible to seNe. The Elections Administrator shall arrange for the tra in ing and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date , time , and place for presiding election judges to pick up t heir election supplies. Each p residing election judge will be sent a letter from the Elections Administrator notifying the judge of the appointment , the time and location of training and distribution of election supplies , and the number of election clerks that the p residing judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant to Texas Election Code Section 32 .091 or other law applicable to compensation for the election-related work. The election judge will receive an addit ional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the same hourly rate that they are to be paid on Election Day . The Elections Administrator may employ other personnel necessary for the proper administration of the election , includ i ng such part-time help as is necessary to prepare for the election , to ensure the timely delivery of supplies during early voting and on Election Day , and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Tarrant County i n accordance with Elect ion Code Sections 87 .005 , 127.004 , and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including , but not limited to , official ballots , sample ballots , voter registration lists , and all forms , signs , maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling p laces that do not have tables and/or chairs. Joint Election Agreement and Contract for Election Services ---Page 3 m EA lnitiafs Entity Rep Initial s The Elections Administrator shall provide the necessary voter registration information , maps , instructions , and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election . Each Participating Authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority 's ballot is to be printed). Each Participating Authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority 's candidates and/or propositions . The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District , City , Water District(s), College District , and other political subdivisions . The Elections Administrator shall be responsible for the preparation , testing , and delivery of the voting equipment for the election , as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051 (g). VI. EARLY VOTING The Participating Authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31 .097 and 271.006 of the Texas Election Code . Each Participating Authority agrees to appoint the Elections Administrator 's permanent county employees as deputy early voting clerks . The Participating Authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary , and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Tarrant County pursuant to Section 83 .052 of the Texas Election Code . Deputy early voting clerks who are permanent employees of the Tarrant County Elections Administrator or any Participating Authority shall serve in that capacity without additional compensation . Early Voting by personal appearance will be held at the locations , dates , and times listed in Attachment "B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk , the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code . Any requests for early voting ballots to be voted by mail received by the Participating Authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing . The Elections Administrator will be responsible for managing the Annual Ballot by Mail voters for whom the Elections Administrator has received an Application for Ballot by Mail , including maintaining and making available the early voting roster information in conformance with Section 87 .121 of the Texas Election Code . Upon request of a participating authority , the Early Voting Clerk will promptly make all information contained within the early voting roster available for inspection by the participating authority, including the information maintained under Section 87.121(f). The Participating Authorities understand that , as specified in section 87 .121, information on the roster for a person to whom an early voting mail ballot has been sent is not available for public inspection , except to the voter seeking to verify that the information pertaining to the voter is accurate , until the first business day after election day . In addition to making the information on the roster for a person who votes an early voting ballot by personal appearance available for public inspection not later than the beginning of the regular business hours on the day after the date the information is entered on the roster , the Elections Administrator shall post on the county website each Participating Authority's early voting report on a daily basis and a cumulative final early voting report following the close of early voting . In accordance with Section 87.121 (g) of the Election Code , the daily reports showing the previous day 's early voting activity will be posted to the county website no later than 10 :00 AM each business day . VII. EARLY VOTING BALLOT BOARD AND SIGNATURE VERIFICATION COMMITTEE Joint Election Agreement and Contract for Election Services ---Page 4 EA Initials Entity Re p Initial s Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Jo int Election . The Presiding Judge , with the assistance of the Elections Administrator , shall appoint two or more add itional members to constitute the EVBB . The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots . The Elections Administrator shall determine whether a Signature Verification Committee is necessary , and if so, shall appoint the members . , VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be respons ible for establishing and operating the central and remote counting stations to receive and tabulate the voted ballots in accordance w ith the provisions of the Texas Election Code and of this Agreement. The Participating Authorities hereby, in accordance with Section 127.002 , 127.003 , and 127 .005 of the Texas Election Code , appoint the following central counting station officials : Counting Station Manager: Tabulation Supervisor: Presiding Judge: Heider Garcia , Elections Administrator Troy Havard , Assistant Elections Administrator David Lambertsen The Counting Station Manager or his/her representative shall deliver timely cumulative reports of the election results as precinct report to the central and remote counting stations and are tabulated . The Counting Station Manager shall be respons ible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants , candidates , press , and general public by distribution of hard copies at the central counting station or by electronic distribution and by posting to the Tarrant County web site . To ensure the accuracy of reported election returns , results printed on the tapes produced by Tarrant County 's voting equipment will not be released to the Participating Authorities at the remote collection sites or by phone from individual polling locations. The Elections Adm i nistrator will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67 .004 after all precincts have been counted and will deliver a copy of these unofficial canvass reports to each Participating Authority as soon as poss ible after all returns have been tabulated . Each Participating Authority shall be responsib le for the official canvass of its respective election(s). 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 Election Code . The Elections Administrator agrees to upload these reports for each Participating Authority unless requested otherwise. The Elections Administrator shall be responsible for conduct i ng 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. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY Each Participating Authority with territory containing population outside Tarrant County agrees that the Elections Administrator shall administer only the Tarrant County portion of those elections. X. RUNOFF ELECTIONS Each Participating Authority shall have the option of extending the terms 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 three (3) business days after the original election , not counting election day . 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 . Joint Election Agreement and Contract for Election Services ---Page 5 ' \ EA Initials Entity Rep Initia ls Each Participating Authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 6 , 2023 election . Each Participating Authority eligible to hold runoff elections agrees that the date of the runoff election , if necessary , shall be June 10 , 2023. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The Participating Authorities agree to share the costs of administering the Joint Election . Allocat ion of costs , unless specifically stated otherwise , is mutually agreed to be shared according to a formula which is based on the average cost per Election Day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places . Costs for polling places shared by more than one Participating Authority shall be pro-rated equally among the participants utilizing that polling place. It is agreed that charges for Elect ion Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate Participating Authority rather than averaging those costs among all participants. Costs for Voting by Personal Appearance shall be allocated based upon the actual costs associated with each voting site. Each Participating Authority shall be responsible for a pro-rata portion of the actual costs associated with the voting sites located within their jurisdiction . Participat ing authorities that do not have a voting site within their jurisdiction shall pay a pro-rata port ion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each Participating Authority 's voters. Participating Authorities having the majority of their voters in another county, and fewer than 500 registered voters in Tarrant County , and that do not have an Election Day polling place or early voting site within their jurisdiction shall pay a flat fee of $400 for election expenses. Each Participating Authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs (but not less than$ 75 .00) in accordance with Section 31 .100(d) of the Texas Election Code . The Tarrant County Elections Administrator shall deposit all funds payable under this Contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31 .100. Cost schedule and invoicing. A cost estimate for the services , equipment , and supplies provided by the Elections Administrator for the election and the runoff election is shown below and in section XII of this Agreement. This cost estimate shall serve as the cost schedule agreed upon by the contracting Parties , as referenced in Section 31 .093(a), Texas Election Code . As soon as reasonably possible after the election or the runoff election , the Elections Administrator will submit an itemized invoice to each Party : (i) for the actual expenses he/she incurred as described above and (ii) for the Elections Administrator's fee as described above . The invoice shall reflect any advance monies paid and any direct payments made . The Elections Administrator will use his/her best efforts to submit the invoice within thirty (30) days after the election or within ten (10) days after the runoff election . The Elections Administrator's invoice shall be due and payable by each Party to the address set forth in the invoice within thirty (30) days after its receipt by the Party . If the Party disputes any portion of the invoice , the Party shall notify the Elections Administrator in writing within such thirty-day period, or the invoice will be presumed to be a true and accurate rendering of the amount that is due. XII. COST ESTIMATES AND DEPOSIT OF FUNDS Joint Election Agreement and Contract to'r;•Election Services ---Page 6 ,·'/' EA Initials Entity Rep Initials The total estimated obligation for each Participating Authority under the terms of this Agreement is listed below . Each Participating Authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75 % of this estimated obligation within fifteen (15) days after execution of this Agreement. The exact amount of each Participating Authority 's obligation under the terms of this Agreement shall be calculated after the May 6, 2023 election (or runoff election , if applicable), and if the amount of an authority 's total obligation exceeds the amount deposited , the authority shall pay to the Elections Administrator the balance due within thirty (30) days after the receipt of the final invoice from the Elections Administrator. Howeve r, if the amount of the authority 's total obligation is less than the amount deposited , the Elections Administrator shall refund to the authority the excess amount paid with in thirty (30) days after the final costs are calculated . The total estimated obligation and required deposit for each Participating Authority under the terms of th is Agreement shall be as follows : Actual# Billed# Estimated Deposit Political Subdivision Polls Polls Cost Due ALEDO ISO 1 0.25 $ 6 ,218.04 $ 4 ,670 .00 ARLINGTON ISO 31 9.71 $ 89 ,432.39 $ 67 ,080 .00 BURLESON ISO 2 0.42 $ 7 ,135.25 $ 5,360 .00 CARROLL ISO 2 0.75 $ 10 ,936 .34 $ 8,210 .00 CASTLEBERRY ISO 3 0.57 $ 6 ,175.38 $ 4,640 .00 CITY OF ARLINGTON 33 10 .04 $ 88 ,814 .23 $ 66 ,620 .00 CITY OF AZLE 1 0.33 $ 6 ,728 .90 $ 5,050 .00 CITY OF BLUE MOUND 1 0.20 $ 8,437 .26 $ 6 ,330 .00 CITY OF BURLESON 2 0.42 $ 7,135 .25 $ 5,360 .00 CITY OF COLLEYVILLE 1 0.33 $ 9 ,087.43 $ 6 ,820 .00 CITY OF FOREST HILL 1 0.25 $ 8,681 .07 $ 6 ,520 .00 CITY OF FORT WORTH 115 27 .23 $ 210 ,808 .75 $ 158 ,110 .00 CITY OF GRAND PRAIRIE 5 1.31 $ 13,452 .01 $ 10 ,090 .00 CITY OF HAL TOM CITY 4 0.95 $ 26,634 .52 $ 19 ,980.00 CITY OF HASLET 1 0.20 $ 6 ,078 .72 $ 4 ,560 .00 CITY OF KELLER 2 0.58 $ 10 ,228 .13 $ 7 ,680.00 CITY OF KENNEDALE 2 0 .34 $ 8 ,915.91 $ 6 ,690.00 CITY OF MANSFIELD 6 1.70 $ 17 ,650.43 $ 13 ,240.00 CITY OF NORTH RICHLAND HILLS 3 1.08 $ 36,110 .03 $ 27 ,090.00 CITY OF RICHLAND HILLS 1 0.50 $ 10 ,271 .39 $ 7 ,710 .00 CITY OF RIVER OAKS 2 0.40 $ 5 ,467 .17 $ 4 ,110.00 CITY OF SAGINAW 3 0.73 $ 10 ,877.71 $ 8 ,160 .00 CITY OF SANSOM PARK 1 0.17 $ 5 ,811 .68 $ 4 ,360 .00 CITY OF WATAUGA 2 0.42 $ 5 ,143.93 $ 3 ,860 .00 CITY OF WESTWORTH VILLAGE 1 0.14 $ 4 ,419.28 $ 3 ,320.00 CITY OF WHITE SETTLEMENT 2 0.34 $ 6 ,563 .35 $ 4 ,930 .00 CROWLEY ISO 13 2 .90 $ 51 ,752.12 $ 38 ,820.00 EAGLE MOUNTAIN-SAGINAW ISO 8 1.83 $ 23 ,035.08 $ 17 ,280 .00 FOREST HILL PUBLIC LIBRARY DISTRICT 1 0.25 $ 8,681.07 $ 6 ,520.00 FORT WORTH ISO 85 20 .35 $ 104,280.64 $ 78 ,220.00 GODLEY ISO 0 0.00 $ 400 .00 $ 300 .00 GRAPEVINE-COLLEYVILLE ISO 3 0.73 $ 15 ,690.32 $ 11 ,770 .00 HURST-EULESS -BEDFORD ISO 6 2.09 $ 52 ,681.12 $ 39 ,520 .00 KELLER ISO 10 2.48 $ 26 ,727.07 $ 20 ,050 .00 KENNEDALE ISO 2 0.34 $ 8,915.91 $ 6 ,690 .00 LEWISVILLE ISO 1 0.25 $ 6 ,322.54 $ 4 ,750 .00 MANSFIELD ISO 11 3.20 $ 29 ,159.43 $ 21 ,870 .00 NORTHWEST ISO 8 1.88 $ 13 ,243 .89 $ 9,940 .00 Joint Election Agreement and Contract for Election Services ---Page 7 ~ EA Initi als Entity Rep Initial s TARRANT COUNTY COLLEGE DISTRICT 169 45.35 $ 251,987 .78 $ 189,000.00 TARRANT REGIONAL WATER DISTRICT 110 25 .81 $ 207,199.68 $ 155,400 .00 TOWN OF FLOWER MOUND 1 0.25 $ 6 ,322 .54 $ 4 ,750.00 TOWN OF LAKESIDE 1 0.33 $ 6 ,728.90 $ 5,050.00 TOWN OF TROPHY CLUB 1 0.25 $ 8 ,498 .20 $ 6 ,380.00 WHITE SETTLEMENT ISO 6 1.33 $ 11 ,107 .57 $ 8,340 .00 TOTALS 664 169 $1,459,948.43 $1,095,200.00 XIII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any Participating Authority may withdraw from this Agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 -2 .053 of the Texas Election Code . The withdrawing authority is fully liable for any expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses (but not less than$ 75 .00). Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable . It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining Participating Authorities, with the exception of the early voting site located at the Tarrant County Elections Center, may be dropped from the joint election unless one or more of the remaining Participating Authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section , an addendum to the Contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administ rator. XIV. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271 .010 of the Texas Election Code . Access to the election records shall be available to each Participating Authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records . The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. 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 public information request , the Elections Administrator shall maintain the records until final resolution or until final judgment , whichever is applicable . It is the responsibility of each Participating Authority to bring to the attention of the Elections Administrator any notice of pending election contest , investigation , litigation or public information request which may be filed with the Participating Authority . XV. RECOUNTS 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 that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Part icipating 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. XVI. MISCELLANEOUS PROVISIONS Joint Election Agreement and Con tracflor Election Services ---Page 8 t ., EA Initial s Entity Rep Initials 1. It is understood that to the extent space is available , other districts and political subdivisions may wish to participate in the use of the County 's election equipment and voting places , and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the Participating Authorities . 2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the Tarrant County Auditor in accordance with Section 31 .099 of the Texas Election Code . 3. Nothing in this Contract prevents any Party from taking appropriate legal action against any other Party and/or other election personnel for a breach of this Contract or a violation of the Texas Election Code. 4 . This Agreement shall be construed under and in accord with the laws of the State of Texas , and all obligations of the Parties created hereunder are performab le in Tarrant County, Texas . 5. In the event that one or more of the provisions conta ined in this Agreement shall for any reason be held to be invalid , illegal, or unenforceable in any respect , such invalidity , illegality , or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid , illegal , or unenforceable provision had never been contained herein . 6. All Parties shall comply with all applicable laws , ordinances , and codes of the State of Texas , all local g6vernments , and any other entities with local jurisdiction . 7. The waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach . 8. Any Amendments of this Agreement shall be of no effect unless in writing and signed by all Parties hereto. 9. In the event of an emergency or unforeseen event on Election Day that requires adjustment to these procedures to keep the election operating in a timely , fair, and accessible manner, Elections Administrator may make such adjustments to the procedures herein as the circumstances require . [Signature Pages Follow] Joint Election Agreement and Contra-ct for Election Services ---Page 9 EA Initials Entity Rep Initials XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL By the signatures on the attached pages , the Elections Administrator and the representative of each entity warrant and represent that they are authorized to enter into this Contract. WITNESS THE FOLLOWING SIGNATURES AND SEAL ON THE DATE SHOWN BELOW: The Elections Administrator: ~1 eide r Garcia ~tions _Administrator The State of Texas County of Tarrant J § § Before me , the undersigned authority, on this day personally appeared Heider Garcia , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed~e same for the purpose and consideration therein expressed . Given under my hand and seal of office on this the I:::----day of ~~ , 20"/b (Seal) MARIA SERNA Notary Public, State otTexas Notary ID 12596975-4 My Convnission Exp. 04-21-2025 ~ Joint Election Agreement and Contract for Election Services•·· Page 10 Entity Rep Initial s 1(1,y-yo,.,r\- m\J COUNTY: JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES D AGREED TO BY THE CITY OF FORT WORTH: AP APPROVED: APPROVED AS TO FORM AND LEGALITY: ATTEST : Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. I OFFI CIAL RECQ Rn CITY SECRETARY I FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23 -0297 LOG NAME: 1105062023 GENERAL ELECTION TARRANT SUBJECT (ALL) Authorize Execution of a Joint Election Agreement and Contract with th e Tarrant County Elections Adm inistrato r for Election Services for the General Election to be Held on May 6 , 2023 , for the Purpose of Electing a Mayor and Council Members for City Counci l Districts 2 , 3 , 4 , 5 , 6, 7 , 8 , 9 , 10 and 11 in the Estimated Amount of $210 ,808 .75 Plus a 20 % Contingency, for a Maximum of $252 ,970 .50 , and Autho ri ze Advance Payment of a Seventy-Five Percent Deposit in the Amount of $158 ,110 .00 RECOMMENDATION: It is recommended that the City Council : 1. Authorize the execution of a Joint Election Agreement and Contract with the T arrant County Elections Administrator for election services for the General Election to be held on May 6 , 2023 , for the purpose of electing a Mayor and Council Members for City Council Districts 2 , 3 , 4 , 5, 6 , 7 , 8, 9 , 10 and 11 in the estimated amount of $210 ,808.75, plus a 20 % con ti ngency for a projected maximum total of $252 ,970.50; and 2 . Authorize payment to the Tarrant County Electi on Adm inistrator of a 75 percent down payment in the amount of $158,110.00 . DISCUSSION: On February 14, 2023, the City Council adopted Ord inance 26006-02-2023 call ing a General Electi on for Saturday, May 6 , 2023 for the purpose of electing Mayor and Council Members for C ity Council Districts 2, 3 , 4 , 5 , 6 , 7, 8, 9 , 10 and 11 . The Joint Election Agreement and Contract provides for election services , equipment, supplies and ballots needed to conduct the election , including the training and compensation of election judges and clerks , preparation and distribution of ballots , arranging for the use of public facilities for early voting and election day and conducting early voting and election day voting. Costs for holding a joint election are allocated among all of the jurisdicti ons that have matters on the ballot. The estimated cost of the Fort Worth part of the election is $210 ,808 .75 plus con ti ngency. The City is requ ired to pay a deposit of approximately 75 percent before the e lection is hel_d . Th is Mayor and Council Communication (M&C) authorizes execution of the contract and payment of the deposit in the amount of $158 ,110 .00 before the election is held . A final invoice for the balance of the actual total election costs will be submitted after the electi on. If there is a run-off election , the costs of the run-off election will be billed separately after the run -off is completed. Funding is budgeted in the Other Contractual Services account of the City Manager Department's rollup within the General Fund. A Form 1295 is not required because : Th is contract will be with a governmental entity , state agency or public institution of higher education : Tarrant County FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated , in the Genera l Fund to support the approval of the above recommendations and execution of the contract. Prior to any expenditure being incurred , the City Secretary Department has the responsibility to val idate the availability of funds . Submitted for City Manager's Office by: ALL ACMs 6111 Originating Business Unit Head: Jannette Goodall 6161 Additional Information Contact: Ronald Gonzales 6164 Expedited Routing and Transmittal Slip City Secretary's Office DOCUMENT TITLE: Tarrant County E lections Administrator -2023 General E lection M&C: 23-0297 DATE: 4 /25/2 023 To: Name Department Initials Date Out 1. Jannette Goodall cso O.Ajj %'"12...iS"lz,02-~ 2. Denis McElroy Law " 3: David Cooke CMO 4: Mayor Mattie Parker CMO 5. Jannette Goodall cso Action Required: Signature/Routing and/or Recording Please notify Allison.Tidwell@fortworthtexas.gov to pickup when complete. Call ext. 6152 or 6150 with questions. Thank you!