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HomeMy WebLinkAboutContract 29429 CITY SECRETARY CONTRACT No. 20q ROBERT PARTEN ELECTIONS ADMINISTRATOR TARRANT COUNTY, TEXAS THE STATE OF TEXAS S 6 CONTRACT FOR ELECTION SERVICES COUNTY OF TARRANT S WHEREAS,the Tarrant County Elections Administrator is the County Officer in charge of Tarrant County election duties; and WHEREAS, the City of Fort Worth is a home-rule municipal corporation located in Tarrant, Denton, and Wise Counties; and WHEREAS, the City of Fort Worth is scheduled to hold a Municipal Bond Election on February 7, 2004; and WHEREAS, the City and the County have determined that it is in the public interest of the inhabitants of the City of Fort Worth that the following contract be made and entered into for the purpose of having Tarrant County furnish to the City of Fort Worth certain election services and equipment needed by the City to conduct its election on February 7, 2004. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Fort Worth, a home-rule municipal corporation located in Tarrant, Denton, and Wise Counties, acting herein by and through its duly authorized City Manager, hereinafter referred to as "City", and Tarrant County, acting herein by and through its duly authorized Elections Administrator, hereinafter referred to as "County", do hereby covenant and agree as follow: I. DUTIES AND SERVICES OF TARRANT COUNTY. The Tarrant County Elections Administrator agrees to coordinate, supervise, and handle all aspects of administering the February 7, 2004 Election in accordance with the provisions of Section 31.092, of the Texas Election Code and as outlined in this Agreement. The County shall be responsible for performing the following duties and shall furnish the following services and equipment: (a) Arrange for the notification, training, and compensation of all presiding judges and alternate judges, as recommended by the City, and of all clerks, and the judge of the Central Counting Station, subject to approval of the City. The Elections Administrator will be responsible for notifying each election judge and alternate judge of his or her appointment and for determining the number of clerks and other election workers authorized to work at each voting location. Election judges shall be responsible for picking up election supplies and materials at the place determined by the Tarrant County Elections Administrator. 1 (b) Pay cost of election judges and clerks. (c) Procure, prepare, proof, and distribute ballots. (d) Procure, prepare, and distribute election judge kits and provide training. (e) Procure, prepare, and distribute tables and chairs, transport equipment to and from the polling places. (f) Procure and deliver to polling places all OPTECH EAGLE equipment. The rental cost shall include programming, preparation, delivery and pick-up of equipment, use of ballot boxes, and use of voting booths. (g) Arrange for the use of voting places. The Elections Administrator will select and arrange for the use of and payment of all voting locations, subject to the approval of the Fort Worth City Council. Voting locations will be, whenever possible, those locations listed on Exhibit"A" of this Agreement. Voting precincts may be combined upon the approval of the City Council. In the event a voting location is not available, the Elections Administrator will notify the City of any change from the locations listed on Exhibit "A". At such time as commitments for voting locations in all precincts are secured, the Elections Administrator shall furnish the City a list of all such locations and their corresponding precincts for final approval by the City Council. Thereafter,the Elections Administrator immediately shall notify the City of any changes to the final list. The final list of voting locations secured by the Elections Administrator will be furnished to the City when complete. (h) Supervise the conduct of early voting in person and by mail and supply personnel to serve as Deputy Early Voting Clerks. Robert Parten, Tarrant County Elections Administrator, will serve as Early Voting Clerk in compliance with Sections 83.001 and 83.005 of the Texas Election Code. Gloria Pearson, Fort Worth City Secretary, will serve as Chief Deputy Early Voting Clerk. Other Deputy Early Voting Clerks will be appointed as needed to process early voting mail and to conduct early voting at the branch early voting locations by use of Direct Recording Electronic (DRE) voting systems. Early voting for the election will be conducted on weekdays beginning January 21, 2004 and continuing through February 3, 2004. Voting will be conducted at the locations, and times indicated below: Locations Time (1) Fort Worth Municipal Building 8.00 a.m. - 5.00 p.m. 1000 Throckmorton (2) County Annex West/Muller Building 8:00 a.m. - 5:00 p.m. 600 West Weatherford 2 (3) Griffin Subcourthouse 8:00 a.m. - 5:00 p.m. 3212 Miller Avenue (4) Southwest Subcourthouse 8:00 a.m. - 5:00 p.m. 6551 Granbury Rd (5) Hand ley-Meadowbrook Community Ctr. 8:00 a.m. - 5:00 p.m. 6201 Beaty (6) Worth Heights Community Center 8:00 a.m. - 5:00 p.m. 3551 New York Avenue (7) Diamond Hill-Jarvis Library 8:00 a.m. - 5:00 p.m. 1300 Northeast 35th Street (8) Log Cabin Village 8:00 a.m. - 5:00 p.m. (Harry A. Foster Cabin) 2100 Log Cabin Village Lane (9) Southside Community Center 8:00 a.m. - 5:00 p.m. 959 East Rosedale Street (10) Riverside Community Center in the Park 8:00 a.m. - 5:00 p.m. 3700 East Belknap (11) Northwest Sub-Courthouse 8:00 a.m. - 5:00 p.m. 6713 Telephone Road (12) Como Elementary 8:00 a.m. - 5:00 p.m. 4000 Horne Street (13) Southwest Regional Library 8:00 a.m. — 5.00 p.m. 4001 Library Lane (14) Summer Glen Library 8:00 a.m. — 5.00 p.m. 4205 Basswood Boulevard (15) North Hi Mount Elementary School 8:00 a.m. —5:00 p.m. 3801 West 7th Street Extended hours for early voting shall take place at all early voting sites on Saturday, January 31, 2004 from 8:00 a.m. to 5:00 p.m., Sunday, February 1, 2004 from 11:00 a.m. to 4:00 p.m. and Tuesday, February 2 and February 3, 2004 from 7:00 a.m. to 7:00 p.m. each day. Any person eligible to vote early by personal appearance may do so at any one of the early voting locations on Direct Recording Electronic (DRE) equipment. (I) All requests for early voting ballots by mail that are received by the City will be transported on the day of receipt to the Office of the Tarrant County Elections Administrator for processing. Persons voting by mail will send their marked ballots to the Office of the Tarrant County Elections Administrator. 3 (j) All early voting ballots (those cast by mail and those cast by DRE personal appearance), will be prepared for count by an Early Voting Ballot Board appointed by the City in accordance with Section 87.001 of the Texas Election Code. (k) Arrange for use of a Central Counting Station and for tabulating personnel and equipment needed at the Counting Station and assist in preparation of programs and test materials for tabulation of the ballots to be used with electronic voting equipment. (1) Provide legal notice of the date, time, and place of the testing of the electronic tabulation equipment and conduct such testing. (I) Supervise the handling and disposition of election returns, voted ballots, etc., and tabulate official returns and assist in preparing the tabulation for the official canvass. Each precinct judge will bring the voted ballots, the election returns, and supplies to the Central Counting Station at the Tarrant County Courthouse or designated county building immediately after the polls close on election day. The Tarrant County Elections Administrator will be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Agreement, Section 127.002, Counting Station Manager, Robert Parten, Section 127.003, Tabulation Supervisor(s), Chris Walker and Gayle Hamilton, Section 127.004, Assistant Tabulation Supervisor, Germaine Williams; Section 127.005, Presiding Judge for Counting Station, Jeanne Lyon. The Manager of the Central Counting Station will deliver to the City timely cumulative reports of the election results as precincts are tabulated. The City Secretary of the City will be responsible for releasing to the media and the general public, cumulative totals and precinct returns from the election. The place of release will be the office of the City Secretary, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. The County Elections Administrator will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to the City of Fort Worth as soon as possible after all returns have been tabulated, but in no event later than 10:00 a.m., Monday, February 9, 2004. The City will be responsible for the official canvass of its elections. (n) Tarrant County will conduct a manual count of at least one percent (1%) of the election precincts or in three precincts, whichever is greater, and submit a written report of the results to City Secretary, Gloria Pearson, in accordance with Section 127.201 of the Texas Election Code. (o) Serve as custodian of the voted ballots and other records, and provide at no cost for the storage of elections records for sixty (60) days as provided by law. (p) Provide, if necessary, assistance in translating the ballots into Spanish. (No charge.) (q) Provide list of voters who voted. 4 II. DUTIES AND SERVICES OF CITY OF FORT WORTH. The City shall, at its sole cost and expense, perform the following: (a) Prepare appropriate documents for assisting the Elections Administrator in establishing the precincts and polling places and in selecting the election judges for each polling place and the members of the Early Voting Ballot Board. (b) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption by the City Council and for execution by the appropriate City officer; and take all actions required by law for calling the election, appointing the presiding judges, alternate judges, judge of the Central Counting Station, and other election officers, establishing precincts and polling places, handling contests, canvassing the returns, and declaring the results. (c) Approve the Tabulating Supervisor and Assistants and the Central Counting Station Manager, as recommended by the Elections Administrator. (d) Prepare and publish in the official City newspaper, or post, all required election notices. (e) Deliver to the Elections Administrator on December 12, 2003 or as soon as possible the official wording that is to be printed on the ballot with the exact form, orders, wording and spelling that is to be used. The City Secretary shall have the right to review and approve the final form and wording of the proposed ballot as it related to the city election. (f) Provide the services necessary to translate any election documents into Spanish. (g) Pay any additional costs incurred by the Elections Administrator if a recount for the election is required, or the election is contested in any manner. (h ) Prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, the required submissions on voting changes. (i) Establish phone service (2 lines) at five Early Voting locations, no later than January 12, 2004. (j) Bills shall be submitted to the City by the Elections Administrator and payment shall be made directly by the City to the Elections Administrator, who will be responsible for payment to all parties who have provided services, supplies, and voting locations for the elections. The City shall not be liable to any third parties for any default by the County in connection with holding the election, including the failure by the county or its Elections Administrator to pay for services, supplies, and voting locations for the election. III. PAYMENT FOR SERVICES: (a) For and in consideration of the complete and satisfactory performance of the services described in #I. Duties and Services of Tarrant County," the City will pay Tarrant County on the basis of the actual costs incurred by Tarrant County in furnishing same, plus an administrative fee of 10% of such actual costs; provided, however, that in no event shall payment by the City to Tarrant County for actual costs and administrative fee exceed the total sum of$ 234,741.00 without the formal approval of the Fort Worth City Council. 5 The estimated costs to be incurred by Tarrant County in conducting the election, plus 10% administrative fee, are reflected on Exhibit "B" attached hereto, in the amount of$202,741.00. In addition Exhibits "C" and "D" reflect the total cost for rental equipment for use during Early Voting and on Election Day at a cost of$7,500.00 and $24,500.00 respectively. (b) As partial payment of the above described contract price, the City shall pay to Tarrant County the sum of$ 85,000.00 , upon execution of this agreement. The balance for such services shall be paid within thirty (30) days from the receipt of the bill for same, said billing to follow the date of the election. In the event the balance due reflects an actual cost and administrative fee of greater than $ 202,741.00 then the City Secretary will present to the City Council for consideration a request for payment of that portion of the balance due which is greater than the estimated $ 234,741.00 . *Note: Final costs will be adjusted to reflect the reduction of$48,000 due to Joint Election with the Tarrant Regional Water District. IV. GENERAL PROVISIONS: (a) The City official whom the County shall contact for all purposes hereunder is: Gloria Pearson City Secretary City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Office Telephone Number(817) 871-6161 All notices and all other deliveries required under this Agreement shall be delivered to the above prescribed person at the above prescribed address. (b) The County official whom the City shall contact for all purposes hereunder is: Robert Parten Tarrant County Elections Administrator Tarrant County Courthouse 100 West Weatherford Fort Worth, Texas 76196 Office Telephone Number (817) 884-1760 All notices and other deliveries under this Agreement shall be delivered to the above prescribed person at the above prescribed address. 6 -64 IN W NESS WHEREOF, the parties hereto have made and entered into this agreement this / day of_ , 200 TARRANT COUNTY Robert Parten Tarrant County Elections Administrator APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH By: ��-�� By: Marcella Olson ary Jacks Deputy City Attorney City Manager ATTEST: APPROVED AND ACCEPTED: By: By: Gloria Pear n Gloria Pearson City Secretary City of Fort Worth 7 EXHIBIT "B" ELECTION SERVICES CONTRACT FOR FORT WORTH MUNICIPAL BOND ELECTION ON FEBRUARY 7, 2004 A. STATISTICAL INFORMATION 1. Eligible Voters 287,872 2. Estimated Turnout 71,968 (25%) 3. Number of election day polling places 140 4. Number of early voting locations 15 5. Number of ballots to order (includes early voting) 86,500 B. COST OF ELECTION ESTIMATE ACTUAL 1. Cost of Ballots (1 column, 1 side, 12") $ 15,000.00 $ (9 changes & scoring) 2. Ballot Proofing/Distribution ( 75 hours x $20) $ 1,500.00 $ 3. Voting system programming and testing $ 1,500.00 $ 75 hours x $20.00 4. Election kits (does not include preparation) a. 140 Election Day 15 Early Voting x $50 $ 7,750.00 $ b. Preparation ( 75 Hours x $20.00) $ 1,500.00 $ 5. Polling Place Rental a. Election Day $ 32,000.00 $ b. Early Voting $ 2,000.00 $ c. Preparation (50 hours x $20.00) $ 1,000.00 $ d. Changes in Polling Locations $ $ 6. Rental of Tables and Chairs a. Election Day $ 1,000.00 $ b. Early Voting $ 1,000.00 $ 1 7. Election Judges and Clerks a. 140 Loc X 1 Election Judge X 8.00/hr $ 39,860.00 $ X 13 hours = $14,460 140 Loc X 2 Clerks X 7.50/hr X 12 hours = $25,200 b. Delivery of Supplies 140 X $25 $ 3,500.00 $ c. Election Judge Training 140 x $10 $ 1,400.00 $ d. Payroll Processing $ 2,000.00 $ e. Preparation — Notify & Coordinate $ 2,000.00 $ 8. Preparation, distribution of supplies, $ 1,200.00 $ and conduct training (Election Judges) (60 hours x $20.00) 9. Deputy Early Voting Clerks a. 15 EV locations: 3 Clerks x $ 50,625.00 $ 125 Hours x $9.00 Hourly Rate (Hourly Rate + Payroll Fee) b. Preparation ( 80 hours x $20) $ 1,600.00 $ 10. Early Voting On-Line System a. 10 Phone Lines (2 per workstation) $ 1,000.00 $ b. Preparation ( 175 Hours X $20) $ 3,500.00 $ (Includes Runners, Set-up, Closing) 11. Early Voting Ballot Tracking ( 150 hrs x $20) $ 3,000.00 $ Early Voting By Mail ( 75 Hrs X $20) $ 1,500.00 $ 12. Preparation and distribution of supplies and conduct training (EV Clerks) $ 800.00 $ 40 Hours x $20 13. Early Voting Ballot Board personnel $ 900.00 $ 10 Clerks x $ 9.00 x 10 hours ($8.00 Hourly Rate + Payroll Fee) 14. Central Counting Station a. Manager and Technical Support Personnel 100 Hours X $20 $ 2,000.00 $ b. 2 IV-C Tabulators x $250 $ 500.00 $ 2 15. Election Night Tabulation $ 1,500.00 $ a. Personnel (65 Hours X$20) b. Preparation of Canvass (15 Hours x $20) 16. List and/or Tape of Voters Who voted $ 375.00 $ a. Preparation (15 Hours x $20) b. CD Rom 17. Manual Count $ 300.00 $ (10 hours X$30) 18. Miscellaneous costs $ 2,500.00 $ a. Election Day Remote Sites Commercial Recorder Postage (Letters) b. Early Voting Postage (Ballots) COST OF ELECTION $ 184,310.00 $ Administrative Fee (10%) $ 18,431.00 $ TOTAL COST OF CONTRACT $ 202,741.00 $ Rental Agreement for (15) Early Voting Workstations and (15) DRE Equipment (eSlatesl (Includes transportation and preparation of machines) 14 X$500.00 = $ 7,500.00 $ Rental Agreement for IIIP Eagles (Includes transportation, preparation of machines, and voting booths) 140 X$175.00 = $ 24,500.00 $ TOTAL COST OF ELECTION $ 234,741.00 $ ("Note: Final costs will reflect the reduction of$48,000 due to Joint Election with TRWD) Section 31.100©If the estimated expenses, not including the fee charged under Subsection (d), exceed the actual expenses, the amount of the difference shall be refunded to the contracting authority. 3 EXHIBIT "C" THE STATE OF TEXAS § COUNTY OF TARRANT § EARLY VOTING EQUIPMENT Tarrant County,Texas,a corporate body politic,hereinafter designated as"the County",represented in this Agreement by the Elections Administrator, hereby agrees to rent the following work stations to the hereinafter identified organization on the terms stated below. City of Fort Worth, Texas hereinafter designated as"Renter, has requested the rental of 15 Early Voting Workstation(s) at $ 250.00 per unit and 15 DRE Systems(eSlates) at$250.00 per unit. I. The rental period for work station(s)shall commence on the 21st day of January 2004 and continue through the 3rd day of February , 2004. Rental shall not extend to a date that will interfere with subsequent elections for which the County is responsible. II. Only equipment that the County believes to be in safe operating condition will be provided and the Renter agrees to hold the County harmless for any damages arising from the use thereof. III. Renter agrees to reimburse the County for the costs to repair damages to the said equipment during such time as the County does not have control custody of said equipment. The equipment will be delivered by the County to: City of Fort Worth Designated Early Voting Sites and picked up by the County at said place. In witness of this Agreement, we the County and the Renter affix our signatures on this /off day of 200 . TARRANT COUNTY, TEXAS CITY OF FORT WORTH, TEXAS B \� By: Robert Parten Gary Jackson Elections Administrator City Manager APPROVED AND ACCEPTED: APPROVED AS TO FORM AND LEGALITY: By: . By: Gloria Pear n Marcella Olson City Secretary Deputy City Attorney _ TASTATE OF TEXAS EXHIBIT "D" § COUNTY OF TARRANT § VOTING MACHINE RENTAL AGREEMENT Tarrant County, Texas, a corporate body politic, hereinafter designated as "the County", represented in this Agreement by the Elections Administrator, hereby agrees to rent the following voting machine(s)to the hereinafter identified organization on the terms stated below. CITY OF FORT WORTH 1000 THROCKMORTON FORT WORTH,TEXAS 76102 hereinafter designated as"Renter", has requested the rental of 140 Optech III-P Eagle voting machine(s) at$ 175.00 per machine on the terms stated below. I. Please forward a copy of your ballot to Leo Angell at the Voting Equipment Center, 2700 Premier,Fort Worth,Texas 76111. II. The rental period of voting machine(s)shall commence with the 7th day of FEBRUARY, 2004,and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting machines(s)for public use. If the security period for preserving election results is extended pursuant to Sections 126.032 or 126.033 of the Texas Election Code and voting machine(s) are required by the County for use in another election, Renter will seek a court order at Renter's expense to release the affected voting machine(s)for a time before the election that will not interfere with use of the machine(s)in the election. Ill. Only voting machine(s)which the County believes to be in safe operating condition will be provided and the Renter agrees to hold the County harmless for any damages arising from the Renter's use of the voting machine(s). IV. Renter agrees to return the voting machine(s) in the same condition as when received, normal and considerate usage wear excepted. Renter agrees to reimburse the County for the costs to repair damages to the said machine(s)during such time as the County does not have control or custody of said machine(s). V. The said machine(s)will be delivered by the County to: CITY OF FORT WORTH DESIGNATED SITES and picked up by the County at said place. In witness of this Agreement,we the County and the Renter affix our signatures on this Z�day o 00'& TARRANT COUNTY,TEXAS CITY OF FORT WORTH,TEXAS B . a By: Robert Parten Gary J ckson Elections administrator City Manager APPROVED AND ACCEPTED: APPROVED AS TO FORM AND LEGALITY: n_ By: _Q By: O�l�uc oQre-_ Gloria PearsonIM46ella Olson City Secretary Deputy City Attorney