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Item 10DCity of Southlake, Texas MEMORANDUM February 14, 2003 TO: Billy Campbell, City Manager FROM: Lori Farwell, City Secretary SUBJECT: Approval of a contract for election services with Tarrant County Elections Administration and the City of Southlake. Action Requested: Approval of contract for election services with Tarrant County. Background Information: In the attached contract with Tarrant County for election services for the May 3, 2003, General Election. Tarrant County provides election services for many cities including Mansfield, Colleyville, and Arlington. The City Secretary contacted each of these cities and received extremely positive feedback regarding the county's services. The contract separates the county's duties and services from the City Secretary's duties and includes cost estimates and equipment rental agreements. The County will Tarrant County Election Administrator Robert Parten will be available to answer any questions you may have during the work session. Financial Considerations: Several cost variables must be estimated until after the election is over. Although Tarrant County has estimated costs of $6,855.90, the Council will be committing to payment in full to Tarrant County for services pertaining to the May 3 General Election. If there is a run -off election required, the contract will need to be amended and placed on Council's agenda for approval at that time. Citizen Input/ Board Review: N/A Legal Review: This contract has been reviewed by the city attorney. Alternatives: N/A Supporting Documents: Contract with Tarrant County Elections Administration Contract Estimate Early Voting Equipment Voting Machine Rental Agreement Early Voting Schedule Staff Recommendation: Staff recommends approval of the contract. Billy Campbell, City Manager April 7, 2011 Page 2 CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION AND CITY OF SO UTHLAKE THIS CONTRACT made this day of , 2003, by and between _City of Southlake , acting by and through the governing body of hereinafter referred to as "Governing Body ", and Robert Parten, Elections Administrator of Tarrant County, Texas, hereinafter referred to as "Contracting Officer ", and by authority of section 31.092(a), Texas Election Code, for the conduct and supervision of the General Election on May 3, 2003. 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) Contact the owners or custodians of county - designated polling places or custodian of some other public (or if unavailable, private) building in the election precinct and arrange for its use as a polling place in the election. (b) Procure and distribute all necessary election supplies, including: (1) ballots, (2) election kits; (3) early voting equipment; and (4) rental of tables and chairs (c) Procure all necessary voting machines and equipment, transport machines and equipment to and from the polling places, and prepare the voting machines and equipment for use at the polling places, as described in separate Rental Agreement. The ballot boxes and voting booths are provided by the County. (d) Arrange for the notification and compensation of the election judges and clerks. Conduct the training and distribute election supplies for election officials . (e) Supervise and conduct early voting in person and by mail. Arrange for the 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 the Early Voting Clerk, 1400 Main Street, Suite 270, Southlake, Texas 76092 and will be processed by the contracting officer. Ballots shall be mailed to Early Voting Clerk, P. O. Box 961011, Fort Worth, Texas 76161- 0011 Lori Farwell, City Secretary will serve as Early Voting Clerk and Robert Parten, Tarrant County Elections Administrator, will serve as Deputy Early Voting Clerk. Additional Deputy Early Voting Clerks will be appointed to conduct early voting at Southlake Town Hall (f) Assist at the central counting station to receive and tabulate the voted ballots at the Carroll High School, 800 North White Chapel Blvd._ . The Central Count/ Ballot Board Judge shall be the Election Judge_ Additional personnel shall be appointed by the Ballot Board Judge. (g) 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. Billy Campbell, City Manager April 7, 2011 Page 2 (h) Publish the legal notice of the date, time, and place of the test of the electronic tabulating equipment and conduct such test. (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. (j) Prepare the unofficial canvass report and deliver copy to governing body as soon as possible, but in no event later than 10:00 AM on May 5, 2003. (k) Provide the same services, equipment, and supplies necessary for the City if a runoff election is required on May31, 2003. (Cost will be based on the actual number of hours required in furnishing the additional services times the cost per hour specified in this contract, together with the actual cost for supplies, equipment, and rentals.) In the event a runoff election is necessary, the City and County will enter into an amendment to this contract. DUTIES AND SERVICES OF GOVERNING BODY 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 submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, the required submissions on voting changes and procedures. (d) Prepare and publish in the official newspaper, or post, all required election notices. (e) Deliver to the Contracting Officer, 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. (f) 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. (g) Serve as custodian of election records and store election records as provided by law. 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. Billy Campbell, City Manager April 7, 2011 Page 2 (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 to pay a claim. (c) The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Tarrant County, Texas. 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 S 6,855.90 , the Governing Body shall pay to Tarrant County the sum of S 3,400.00 , 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 cancelled in accordance with Section 2.52, the governing body shall reimburse the county for any expenses incurred as of that date. WITNESS the following signatures and seal: BY CITY MANAGER CITY OF SOUTHLAKE, TEXAS BY ROBERT PARTEN, ELECTIONS ADMINISTRATOR TARRANT COUNTY, TEXAS Billy Campbell, City Manager April 7, 2011 Page 2 ELECTION SERVICES CONTRACT ESTIMATE FOR CITY OF SOUTHLAKE A. STATISTICAL INFORMATION 1. Eligible Voters 15,565 2. Estimated Turnout 30% 3. Number of election day polling places 1 4. Number of early voting locations 1 5. Number of ballots to order (includes early voting) _5,000_ B. COST OF ELECTION ESTIMATE 1. Cost of Ballots (2 column, 1 side, 12 ", 2 changes) $ 1,000.00 2. Ballot Proofing/Distribution (4 hours x $20) $ 80.00 3. Voting system programming and testing $ 40.00 4. Election kits (does not include preparation) 1 Election Day 1 Early Voting X $80 $ 160.00 5. Polling Place Rental a. Election Day $ N/C b. Early Voting $ N/C c. Preparation (1 hour x $20) $ 20.00 6. Rental of Tables and Chairs a. Election Day $ N/C b. Early Voting $ N/C 7. Election Judges, Clerks, and EV Ballot Board a. 1 Lee X 1 EJ X 9.00/hr X 13 hours 1 Loc X 7 clerks X 8.00/hr X 12 hours $ 789.00 b. Delivery of Supplies 1 X $25 $ _25.00 c. Election Judge Training 1 X $10 $ 10.00 d. Preparation (2 hours x $20) $ 40.00 8. Deputy Early Voting Clerks a. 1 EV locations: 2 Clerks x 100 Hours x 8.00 Hourly rate $ 1,600.00 b. Preparation( 2 hours x $20) $ 100.00 9. Early Voting On -Line System a. 1 EV work stations x $250 $ 250.00 b. 2 Phone Lines (2 per work station) $ 60.00 c. Preparation (50 Hours X $20) $ 1,000.00 (Includes Runners, set -up, closing) ACTUAL $ $ Billy Campbell, City Manager April 7, 2011 Page 2 10. Early Voting By Mail, and Support Personnel ( 5 Hrs X $20) 11. Preparation and distribution of supplies and conduct training (EV) 1 Hours x $20 12. Central Counting Station a. Technical support personnel 10 Hours X $20 13. Preparation of Canvass Hours x $20.00 14. List and/or Tape of Voters Who voted Preparation b. Hard Copy 15. Manual Count 17. Miscellaneous a. Election Day -Postage b. Early Voting COST OF ELECTION Administrative Fee (10 %) TOTAL COST OF CONTRACT Rental Agreement for IIIP Eagles (Includes transportation & preparation of machines and voting booths) 2 X $200 TOTAL COST OF ELECTION $ _100.00 $ $ 20.00 $ $ 200.00 $ $ 40.00 $ $ 100.00 $ $ 200.00 $ $ 25.00 $ $ 10.00 $ $ 5,869.00 S. $ 586.90 $ S 6,455.90 S $ 400.00 $ S 6,8-55.90 S W a. Section 31.000, (c) Election Code, 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. Section 2.052, Election Code, In the event the election , or any part thereof, is canceled, the governing body shall reimburse the County for only those expenses incurred. Billy Campbell, City Manager April 7, 2011 Page 2 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 Southlake, Texas hereinafter designated as "Renter ", has requested the rental of 1 Early Voting Workstation(s) at $ 250.00* per unit. The rental period for work station(s) shall commence on the 16th day of April 2003 and continue through the 29th day of April , 2003. Rental shall not extend to a date which will interfere with subsequent elections for which the County is responsible. Only equipment 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 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 Southlake Designated Early Voting Site and picked up by the County at said place. Billy Campbell, City Manager April 7, 2011 Page 2 In witness of this Agreement, we the County and the Renter affix our signatures on this of , 2003. TARRANT COUNTY, TEXAS Robert Parten Elections Administrator Tarrant County CITY OF SOUTHLAKE, TEXAS Authority to Contract day * Cost included in the Contract for Election Services Billy Campbell, City Manager April 7, 2011 Page 2 THE STATE OF TEXAS 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 Southlake 1400 Main Street, Suite 270 Southlake, Texas 76092 hereinafter designated as "Renter ", has requested the rental of 2 Optech III -P Eagle voting machine(s) at $ 200.00 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 Street, Fort Worth, Texas 76111. II. The rental period of voting machine(s) shall commence with the 3rd day of May 2003 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 and to this end will, in compliance with the Election Code, Article 7.14, Section 20 obtain a Court Order, at the Renter's expense, permitting the affected voting machine(s) to be cleared and available to the County, no later than the tenth day after the first election for which the voting machine(s) were rented. III. 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 custody of said machine(s). V. The said machine(s) will be delivered by the County to: City of Southlake Designated Sites and picked up by the County at said place. Billy Campbell, City Manager April 7, 2011 Page 2 In -witness of this Agreement, we the County and the Renter affil our signatures on this day of 2003. TARRANT COUNTY, TEXAS CITY OF SOUTHLAKE, TEXAS By: ROBERT PARTEN ELECTIONS ADMINISTRATOR By: AUTHORITY TO CONTRACT Billy Campbell, City Manager April 7, 2011 Page 2 SATURDAY, MAY 3, 2003 CITY OF SOUTHLAKE GENERAL ELECTION EARLY VOTING SCHEDULE April 16 - 17 Wednesday - Thursday 8:00 a.m. - 5:30 p.m. April 18 Friday Closed (holiday) Thursday, April 3 Voter Registration deadline April 19 - 20 Saturday - Sunday Closed April 21 - 25 Monday - Friday 8:00 a.m. - 5:30 p.m. last day to mail applications for ballots April 26 Saturday Closed April 27 Sunday Closed April 28 - 29 Monday - Tuesday 7:00 a.m. — 7:00 p.m. 60 Days Prior Tuesday, March 4 First day to accept mail ballot applications 45 Days Prior Wednesday, March 19 First day to mail ballots if available 30 Days Prior Thursday, April 3 Voter Registration deadline 17 Days Prior Wednesday, April 16 First day of early voting 12 Days Prior Monday, April 21 Last day to enclose application for ballot in rejection letter; last day to mail applications for ballots 9 Days Prior Thursday, April 24 Onset of illness date for voting late early ballot 8 Days Prior Friday, April 25 Last day for accepting mail ballot applications 4 Days Prior Tuesday, April 29 End of early voting in person NOTE: Runoff election dates vary with each jurisdiction.