HomeMy WebLinkAboutC2022-221 - 8/16/2022 - Approved CONTRACT FOR ELECTION SERVICES
THE STATE OF TEXAS
COUNTY OF NUECES
Pursuant to Texas Election Code Section 31.092 this Contract for Election Services is made by
and between Nueces County hereinafter referred to as "the County", and Kara Sands,
County Election Officer of Nueces County, Texas and the City of Corpus Christi,hereinafter
referred to as"the City," located entirely or partially inside the boundaries of Nueces County.
NOW,THEREFORE,in consideration of the mutual covenants,agreements, and benefits to the
parties,IT IS AGREED as follows:
GENERAL PROVISIONS
The City of Corpus Christi, enters into agreement with the County Election Officer of Nueces
County to conduct its General Election on November 38, 20202, held for the purpose of
electing individuals to serve on the City of Corpus Christi's City Council.The County Election
Officer agrees to conduct turnkey joint election services for City of Corpus Christi and other
political subdivisions located entirely or partially inside the boundaries of Nueces County, for
the purpose of voting on candidates elected to serve in the political subdivisions' governing
bodies and/or certain propositions. _
Nueces County owns an electronic voting system, the Hart InterCivic Verity Voting System
(Version 2.X),which has been duly approved by the Texas 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 City hereby
contracts to use the County's electronic voting system in tandem with the County's elections
services, and to compensate the County for such use and to share in other expenses connected
with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the
Texas Election Code,as amended.
The City has agreed to hold a "JOINT ELECTION" with Nueces County on November 38,
20202 in accordance with Texas Election Code Chapter 271.002.
The City agrees to appoint the County Election Officer to serve as the City's Election Officer as
authorized in Chapter 271.005 of the Texas Election Code.
SCANNED
The City has agreed to hold"JOINT EARLY VOTING"with Nueces County and shall appoint
the County Election Officer to serve as the joint early voting clerk in accordance with Chapter
271.006 of the Texas Election Code.
I. DUTIES AND SERVICES OF ELECTION OFFICER
As the City's Election Officer and Early Voting Clerk, the County Election Officer shall
coordinate, supervise, and handle all aspects of administering the Joint Election and Early
Voting as provided in this agreement in compliance with all applicable state and federal laws,
unless specifically stated otherwise in this agreement.
The County Election Officer may employ other personnel necessary for the proper
administration of the election, including such part-time help as is necessary to prepare for the
election,to ensure the timely delivery of supplies and performance of duties during early voting
and on Election Day,and for the efficient tabulation of ballots at the Central Counting Station.
II. DUTIES AND RESPONSIBILITES OF POLITICAL SUBDIVISION
The City shall be responsible for the preparation and publication of all required election orders,
notices,and any other pertinent documents required by the Texas Election Code.
The City shall provide a list of candidates and/or propositions showing the order and the exact
manner in which the candidate names and/or propositions are to appear on the official ballot in
both English and Spanish.
The City is responsible for proofing and attesting to the accuracy of all ballot language and
format information programmed by the County.This includes any information programmed for
use with the audio feature of the equipment. The City must provide approval by signature in
person.
HI. VOTING
The Hart InterCivic Verity direct recording equipment shall be employed at the joint election in
accordance with the Texas Election Code and the Election shall be held at the polling places in the
regularly prescribed precincts of the City of Corpus Christi as set forth on Attachment A. Early
voting in person may take place at each of the temporary branch polling places set forth on
Attachment B. Voting by personal appearance shall be conducted exclusively on Nueces County's
electronic voting system.Nueces County will ensure that its voting equipment complies with State
law.
The County Election Official will prepare the unofficial canvas reports that are necessary for
compliance with Election Code Section 67.004 after all districts and precincts have been counted
and will deliver a copy of these unofficial canvas reports to each political subdivision as soon as
possible after all returns have been tabulated.
Each participating political subdivision shall be responsible for the official canvas of its
respective election(s).
The County Election Official will prepare the electronic precinct-by-precinct results report for
uploading to the Secretary of State as required by Section 67.017 of the Election Code. The County
Election Official agrees to upload these reports for each political subdivision unless requested
otherwise.
IV.ELECTION EXPENSES AND ALLOCATION COSTS
The City agrees to share the costs of administering the Joint Election and Early Voting.Allocation
of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a
formula which is based on the number of registered voters within the County and participating
Political Subdivisions. The County Election Official will submit a detailed bill to participating
Political Subdivisions no later than 90 days after the Joint Election. No later than the 60`h day
before the Election, the County will provide an estimate of the City's share of the costs for the
Election.
V. RUNOFF ELECTION
The City 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 City notifies the County Election Officer in writing within three (3) business
days of the original election. The parties agree that the Runoff Election,if necessary,will be held
on December 1§3,20202.
Each participating political subdivision shall reserve the right to reduce the number of early voting
locations and/or election day voting locations in a runoff election.
VI.RECOUNTS
By approval and execution of this agreement,the presiding officer of the contracting political
subdivision agrees that any recount shall take place at the Office of the County Clerk,and that
the County Clerk shall serve as the Recount Supervisor.
VII. RECORDS OF THE ELECTION
The County Election Officer is hereby appointed General Custodian of the voted ballots and all
records of the November 38,20202 Joint Election as authorized by Section 271.0210 of the
Texas Election Code. Records of the election shall be retained and disposed of in accordance
I
with the provisions of Texas Election Code Section 66.058.
VIII. MISCELLANEOUS PROVISIONS
It is understood that the County may hold a joint election with other political subdivisions and the
County Election Officer may enter into contracts for elections services with other political
subdivisions. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
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 performable in Nueces County,Texas.
In the event that one or more of the provisions contained 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.
All parties shall comply with all applicable laws,ordinances,and codes of the State of Texas, all
local governments,and any other entities with local jurisdiction.
T.
The County Clerk shall file copies of this document with the Nueces County Judge and the Nueces
County Auditor in accordance with Section 31.099 of the Texas Election Code.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this
1-4 *h day of
20202,with the effective date being the date of execution by last signatory.
NUECES COUNTY
Kara Sands Date
Nueces County Clerk
CITY OF CORPUS CHRISTI
49. 19.a).-
P r Zanoni Date
City Manager ( ;r1
ATTEST:_• •. AI A sy
RE:SCCA HUE TA
CITY S ctt=1AIIY
SFC,RFTARY