HomeMy WebLinkAboutC2018-384 - 8/14/2018 - Approved JOINT ELECTION AGREEMENT& CONTRACT FOR ELECTION SERVICES
THE STATE OF TEXAS
COUNTY OF NUECES
THIS CONTRACT for election services is made by and between Kara Sands, County Clerk of
Nueces County, Texas and City of Corpus Christi, hereinafter referred to as"Political Subdivision,"
located entirely or partially inside the boundaries of Nueces County.
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 for a Joint
Uniform Election to be administered by Kara Sands, County Clerk of Nueces County, Texas,
hereinafter referred to as "County Clerk."
RECITALS
The political subdivision, City of Corpus Christi, enters into agreement with the County Clerk of
Nueces County who will conduct its General Election on November 6, 2018, held for the purpose
of electing individuals to serve on the City of Corpus Christi's City Council /School Board /Other
Board and a Special Election on certain propositions. Nueces County 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 contracting
political subdivisions desire to contract 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.
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 ELECTION" with Nueces County on November 6, 2018 in
accordance with Chapter 271.002 of the Texas Election Code and this agreement.
The County Clerk is appointed to serve as the participating Political Subdivision's Election Officer.
The parties agree to hold "JOINT EARLY VOTING" with Nueces County in accordance with
Chapter 271.006 of the Texas Election Code and this agreement.
The County Clerk is appointed to serve as the participating Political Subdivision's Early Voting
C2018-384
8/14/18 RECEIVE[
Ord. 031500SCANNED
Nueces County SEP. 2018
KARA SANDS
�i rnv nr Tur nnl Ikrry C(ll IQT
As the participating Political Subdivision's Election Officer and Early Voting Clerk, the County
Clerk 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.
Participating Political Subdivisions 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 County Clerk will publish the "Notice of Test of Automatic Tabulating Equipment" and the
"Notice of Election".
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 County Clerk may enter into
other contracts for elections services for those purposes on terms and conditions generally similar
to those set forth in this contract.
The County Clerk shall notify all election judges of the eligibility requirement 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 serve.
The County Clerk shall arrange for the training and compensation of all election judges and clerks.
The County Clerk shall arrange for the date, time and place for presiding election judges to pick
up their election supplies. Each presiding election judge will be sent a letter from the County
Judge notifying him/her of his/her appointment, the time and location of training and distribution
of election supplies, and the number of election clerks that the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Nueces
County pursuant to Texas Election Code 32.091. The election judge will receive an additional
sum of$25.00 for picking up election supplies and records prior to Election Day and for returning
election records, supplies and equipment to the Central Counting Station after the polls close,
when applicable.
The County Clerk 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. Part-Time personnel working
as members of the Signature Verification Committee Early Voting Ballot Board and/or Central
Counting Station on election night will be compensated at the hourly rate set by Nueces County
in accordance with Election Code Sections 87.005, 127.004, and 127.006.
II. PREPERATION OF SUPPLIES AND VOTING EQUIPMENT
The County Clerk shall arrange preparation 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 County Clerk shall ensure availability of tables and chairs at each polling place and shall
procure rented tables and chairs for those polling places that do not have tables and/or chairs. At
each polling location, joint participants shall share voting equipment and supplies to the extent
possible. 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.
Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap. The County Clerk shall provide the necessary voter registration information, instructions,
and other information needed to enable election judges in the vote centers that have more than
one ballot style to conduct a proper election.
Each participating political subdivision shall furnish the County Clerk 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. Each political
subdivision shall be responsible for proofreading and approving the ballot as it pertains to that
political subdivision and/or propositions, and information will be printed exactly as submitted. The
County Clerk will proof all ballot content before and after political subdivision has given final
approval of final ballots material such as: candidate(s) name(s), races, titles, election headers,
district-precinct-ward, and other details.
Voting by personal appearance shall be conducted exclusively on Nueces County's electronic
voting system. Voters will be provided provisional ballots when determined applicable by the
presiding judge and verified by the County Voter Registrar. The number of paper ballots printed
for Election Day voting is recommended to be, at a minimum, equal to the same Election Day
turnout as in the last comparable election plus 25% of that number, with the final number of ballots
ordered per polling place adjusted upward to end in a number divisible by 50.
The Central Counting Station Manager or representative shall deliver timely cumulative reports of
the election results as precincts report to the central counting station and are tabulated. The
Manager shall be responsible for releasing unofficial cumulative totals and precinct returns from
the election to the joint participants, candidates, press, and general public by electronic
distribution and other means.
The County Clerk will prepare the unofficial canvass 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 canvass 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 canvass of its respective election(s).
The County Clerk 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 Clerk
agrees to upload these reports for each Political Subdivision unless requested otherwise.
The County Clerk 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 Political Subdivision and the Secretary of State's Office.
III. RUNOFF ELECTIONS
Each participating Political Subdivision shall have the option of extending the terms of this
agreement through its Run Off Election, if applicable. In the event of such Run Off Election, the
terms of this agreement shall automatically extend unless the Political Subdivision notifies the
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County Clerk in writing within three (3) business days of the original election. The Political
Subdivision shall revisit terms of the agreement to ensure the County Clerk is in a position to
conduct any special election (Run Off).
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.
Each participating Political Subdivision agrees to order any Run Off election(s) at its meeting for
canvassing the votes from the November 6, 2018, general election and to conduct its drawing for
ballot positions at or immediately following such meeting in order to expedite preparations for its
Run Off election.
Each participating Political Subdivision eligible to hold Run Off elections agrees that the date of
the Run Off election, if necessary, shall be determined jointly by the participating Political
Subdivision and the County Clerk.
IV. 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 political subdivision agrees that any recount
shall take place at the Office of the County Clerk, and that the County Clerk shall serve as Recount
Supervisor and the political subdivision's official or employee who performs the duties of a
secretary under the Texas Election Code shall serve as Recount Coordinator.
The County Clerk agrees to provide advisory and referral services to each political subdivision as
necessary to conduct a proper recount.
V. ELECTION EXPENSES AND ALLOCATION COSTS
The participating political subdivisions agree 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 Clerk will submit a detailed bill to
participating Political Subdivisions no later than 90 days after the Joint Election.
Ballot programming will be handled by Nueces County Election Department. Pricing is based on
the number of races and/or bonds. Office of the County Clerk will directly bill participating Political
Subdivisions their portion of costs.
VI. RECORDS OF THE ELECTION
The County Clerk is hereby appointed General Custodian of the voted ballots and all records of
the November 6, 2018 JOINT ELECTION as authorized by Section 271.010 of the Texas Election
Code.
Access to the election records shall be available to each political subdivision as well as to the
public in accordance with applicable provisions of the Teas Election Code and the Texas Public
•
Information Act. The election records shall be stored at the Office of the County Clerk or at an
alternate facility used for storage of county records. The County Clerk 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 open records request, the County Clerk shall maintain
the records until final resolution or until final judgment, whichever is applicable. It is the
responsibility of each participating Political Subdivision to bring to the attention of the County
Clerk any notice of pending election contest, investigation, litigation, or open records request
which may be filed with the political subdivision. It is also the responsibility of the participating
Political Subdivisions to notify the County Clerk of any public records requests, within two days of
a request for information related to the election being conducted by the County Clerk.
VII. MISCELLANEOUS PROVISIONS
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 County Clerk may contract with such other districts or political subdivisions for
such purposes and that, in such event, there may be an adjustment of the cost share to be paid
to the County by the participating Political Subdivisions.
2. 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.
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 performable in Nueces County, Texas.
5. 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.
6. 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.
IN TESpvlONY WHEREOF, the parties hereto have executed this Agreement on this C day
of 4i_.;2018, with the effective date being the date of execution by last
signatory.
NUECES COUNTY
Kara Sands Dat
Nueces County Clerk
CITY OF CORPUS CHRISTI
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Rebecca Huerta Date
City Secretary
Samuel Selman Iat-
City Manager
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For City fi ttcr: y
NUECES COUNTY
COUNTY CLERK DEPARTMENT
Cost Sheet Detail Breakdown
ESTIMATED COST OF ELECTION
Election For: November General Election This COST ESTIMATE is COST ESTIMATE
Election Date: November 6, 2018 based on the 2016
General Election
Number City of Corpus Christi
eginered Voters 176.303
Numbers (744'659)
%of Registered
Voters 2367%
CONNECTIVITY
MiFis&Other EV/ED(Pro-rated 1024/18-11/0676) Actual Months Monthyes FeActual Full
Turned On service Cost
AT&T Motiiry October 20181 1,88293
AT&T Moniity November 20181 1,736.10 E 3,399.02 $ 804.55
Actual Full
EQUIPMENT RENTAL EV&ED Actual Units Used Cost Per Unit Service Cost
Poll Pads(usage fee-equipment,aircard,etc)EV 1 25 50.00 5 1250.00 S 295.87
Poll Pads(usage fee-equipment,eircerd,etc)ED 65 50.00 E 4250.00 $ 1,005.94
JBC Equipment EV(each) 1 25 200.00 $ 5,000.00 E 1,183.46
JBC Equipment ED(each) 1 85 200.00 E 17,000.00 $ 4,023.78
Touch EquipmentEV(each) 1 125 200.00 S 25,000.00 E 5,917.32
Touch Equipment ED(each) 1 510 200.00 E 102,000.00 E 24,142.87
Touch with Access Equipment EV(each) 1 50 200.00 E 10,000.00 $ 2,386.93
Touch with Access Equipment ED(each) 1 210 200.00 E 42,000.00 $ 9,941.10
1,115 E 206,500.00 $ 48,871.06
Actual Hours Actual F
Cast Per Unit VVorked e
LAIIOR
Cost
Early Voting Belot BoardRegular Hours for 18-members 1,348.10 $ 9.60 $ 12,941.78 $ 3,083.31
Early Voting Ballot Board Overtime Hours 101.30 E 14.40 E 1,458.72 E 345.28
Signature Verification Committee Reguler Hours for 13-members 932.40 E 9.80 E 8,951.04 $ 2,118.71
Signature Verification Committee Overtime Fbu5 5.40 $ 14.40 E 77.78 E 18.41
2,38710 E 23,428.28 $ 5,545.71
Artrel Number of
Election Department's Overtime(outside 8:00 am-5:00 pm) Hours
853 $ 19,074.74 4,514.98
Contract Personnel EV/ED
46-each for Field technicians,Pre/Post equipment prepping at warehouse.Support
for collating absentee mail kits,Deivery and pick up of equipment,Proccesing
incoming mag.Fling appiceions for absentees $ 63,175.66 E 19,887.68
Election Judges and Clerks EV/ED/Training Actual Flo 00 Cost Per Unit
Worked
Early Voting Regular Hours 12,973.90 E 9.60 E 124,549.44
Early Voting Overtime Hours 4,738.50 $ 14.40 $ 68,234.40
Election Day Regular Hours 8,548.65 E 9.80 $ 62,847.84
Pick up Fee for 63-Presiding Judges S 25.00 E 1,575.00
24259.05 $ 257,206.66 E 60,880.82
POSTAGE
Cost Per Actual Full
Shipment Seance Cost
Shipping $ 100.33
Bulk pubic mail out 5 10,800.00 8 10,900.33 S 2,580.11
PROFESSIONAL SERVICES
support Diays Actual Doi Col Actual Full
Service Cost
HART On-Site Consultant a14
1118 1 S 3,280.00 $ 3,260.00 $ 776.3760
SUPPLIES
Actual FeO
Election Suppler EV/ED Service Cost
i.e.Ballot by Mail kits,Sample ballots.Emergency ballots,Temper evident/security
begsiockslseais,Training material end folders.Toner cartridges,Keyless security
seals.Pull tiro seals,and Tamper evident labels) $ 19,486.13 S 4,612.37
ELECTION ADMINISTRATORS SUB-TOTAL I I E 626,451.64 $ 148,279.68
ADMINISTRATIVE COST
1316 Election 109E Administration Fee 10% 5 62,845.18 E 14,827.97
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ELECTION ADMINISTRATORS GRAND TOTAL I I$ 689,097.03 $ 163,107.63
Prepared by Elections Department,County Clerk's Office
Please remit payment to:
Nueces County Clerk—Elections Department
P 0 Boz 2627
Corpus Christi TX 78403