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HomeMy WebLinkAboutC2017-047 - 2/28/2017 - Approved JOINT ELECTION AGREEMENT This Agreement("Agreement")is made and entered into on the id 1 r day of febcvo c ,2017 between the City of Corpus Christi and Nueces County for the purposes and considerations` of holding a special election for Mayor. WITNESSETH WHEREAS, the City of Driscoll, the City of Bishop, Emergency Services District #3, and Bishop Independent School District will hold elections on 6th day of May,2017; WHEREAS, the City of Corpus Christi will hold a Joint Election within the boundaries of Nueces County on the 6th day of May,2017; and WHEREAS, the Corpus Christi City Council finds that it would be mutually beneficial for City of Corpus Christi to enter into an Election Services Contract to hold elections and for the provision of certain election services by the County Election Officer of Nueces County,Texas. THEREFORE, pursuant to Chapter 31 and 271 of the Texas Election Code, the City of Corpus Christi and Nueces County agrees as follows: THIS CONTRACT is entered into for and in consideration of the mutual covenants and promises hereinafter set out, and for the purpose of ensuring that the Contracting Officer and the City of Corpus Christi understand the tasks each is to perform in connection with the City of Corpus Christi Mayoral election and the runoff election: I NUECES COUNTY ELECTIONS RESPONSIBILITIES The Contracting Officer(also referred to as NUECES COUTY ELECTIONS) shall be responsible for performing the following duties and furnishing the following services and equipment in connection with the election and the runoff election: 1.1 In accordance with Chapter 271.002 of the Texas Election Code, the County Election Officer of Nueces County, Texas agrees to oversee and coordinate the conduct of said election for the City of Corpus Christi of services to prepare for and facilitate the Joint Election to be held on 6th day of May 2017. City of Corpus Christi agrees that early voting and regular Election Day voting shall be conducted. 1.2 In accordance with Chapter 31, Subchapter D of the Texas Election Code, City of Corpus Christi agrees to enter into an Election Services Contract with the County Election Officer of Nueces County,Texas,for the provision of those certain election services described in this agreement. The County Election Officer, Kara Sands, is hereby designated the Election Officer responsible for conduct and provision of the election services identified in this agreement. Said County Election Officer will serve as the Early Voting Clerk, and her designee will serve as the Counting Station Manager of the Central Counting Station for the Joint Election. In addition, Kara Sands as the Early Page 1 of 6 2017-047 2/28/17 Ord. 031081 Nueces County INDEXED Voting Clerk will perform or cause to be performed the following services: a. NUECES COUNTY ELECTIONS will contract 3rd Party (HART Intercivic) vendor to program and create the ballots per the City of Corpus Christi specifications the cost of programming and shipping shall be invoiced to and paid by the City of Corpus Christi directly. b. NUECES COUNTY ELECTIONS will conduct one or more election schools. c. NUECES COUNTY ELECTIONS will manage, lend technical support and election law assistance to poll workers during Early Voting and Election Day time period. d. NUECES COUNTY ELECTIONS will supply all voting equipment and supplies to all Early Voting and Election Day locations. e. NUECES COUNTY ELECTIONS will manage the hours worked for the Early Voting Ballot Board. The compensation sheets will then be turned over to City of Corpus Christi for compensation. f. NUECES COUNTY ELECTIONS will coordinate the handling and disposition of City of Corpus Christi election returns,voter ballots,and tabulation of unofficial returns,and preparation of the tabulation for the official canvass by governmental entities. g. NUECES COUNTY ELECTIONS will take custody of the City of Corpus Christi returns for a period as required by the Texas Election Code. h. NUECES COUNTY ELECTIONS will prepare ballots for City of Corpus Christi Mayoral race. i. Arrange to have published the legal notice of the first test of the electronic tabulating equipment as provided in Section 127.096, Texas Election Code, and/or the legal notice of the logic and accuracy test of the direct recording electronic ("DRE") voting machines as provided in Section 129.023(b), Texas Election Code, as applicable, and conduct all required tests of the electronic tabulating equipment under Sections 127.096-127.098,Texas Election Code, the voting system that uses DRE voting machines under 129.021- 129.023, Texas Election Code, or the voting system that uses other electronic voting systems in accordance with advisories issued by the Texas Secretary of State (hereinafter referred to as"SOS"),respectively. j. Procure all necessary voting machines and equipment, prepare them for use at the early voting locations and at the election day polling places, and transport them (or arrange to have them transported) to and from the early voting locations and at the election day polling places. k. Arrange for the use of a central counting/central accumulation station and tabulating personnel and equipment needed at the counting/accumulation station and assist in the preparation of programs and the test materials for the tabulation of ballots to be used with electronic voting equipment. Page 2 of 6 I. Submit Election Night Returns("ENR")electronically to the Texas Secretary of State ("SOS")in the form requested by the SOS in accordance with Chapter 68, Texas Election Code. II CITY OF CORPUS CHRISTI ELECTIONS RESPONSIBILITIES The City of Corpus Christi shall be responsible for performing the following duties in connection with the election and the runoff election: 2.1 Coordinate(1)selection of early voting workers,and(2)designation of Election Day workers. 2.2 Provide information services for voters and election officers relating to City of Corpus Christi elections. 2.3 City of Corpus Christi will be responsible for posting or publication requirements necessitated by federal,state or local laws as they may pertain to implementation of the respective issues placed on the ballot. 2.4 City of Corpus Christi will be responsible for receipt and processing filings of financial report statements relating to the City of Corpus Christi's respective elections. 2.5 City of Corpus Christi will be responsible for designating Early Voting and Election Day polling locations. 2.6 City of Corpus Christi will be responsible for appointing the Early Voting Ballot Board And poll workers that will be working the Early Voting and Election Day polling locations 2.7 City of Corpus Christi will be responsible for compensating all Early Voting and Election Day judges and clerks. 2.8 City of Corpus Christi will be responsible for receipt and processing of applications of candidates for places on the ballot for its own positions,handling of drawings for places on the ballot for such positions,and the posting and issuance of any notices related thereto. 2.9. Appoint a presiding and an alternate judge for each election day polling place,a presiding and an alternate judge for the central counting station, and a presiding judge for the early voting ballot board and promptly provide the names and contact information to the Contracting Officer. (It is the responsibility of the presiding judges to appoint the appropriate number of election clerks.) 2.10. Notify the election judges of the election and the runoff election in accordance with Section 4.007,Texas Election Code. Page 3 of 6 III PAYMENT, BILLING, AND COMPENSATION 3.1. For the performance of duties and services and the providing of equipment and supplies under Section 1 above, the City of Corpus Christi shall pay the Contracting Officer for the actual expenses he/she incurs in accordance with Section 31.100, Texas Election Code including the costs and expenses of election supplies; newspaper publication of the testing notice only; use of voting machines and equipment;; logic and accuracy testing, and voting machines and equipment transportation. Provided, that nothing herein shall be construed as permitting the Contracting Officer to be paid for costs or expenses for which reimbursement is not allowed under Section 31.100 or other sections of the Texas Election Code. 3.2. The City of Corpus Christi will pay directly to the proper parties the wages and salaries of the precinct election judges,alternate judges, and election clerks,members of the early voting ballot board,and 3rd Party(HART Intercivic)vendor for programming the ballot. 3.3. The City of Corpus Christi will pay directly to the precinct election and alternate judges and election clerks,members of the early voting ballot board, and the presiding and alternate judges and clerks of the central counting station the wages and salaries earned by them in connection with the election and runoff election. 3.4. A cost estimate for the services, equipment, and supplies provided by the Contracting Officer for the election and the runoff election is attached to and made a part of this Contract as Exhibit A. The cost estimate should express costs in the categories set forth in the City of Corpus Christi's Cost Estimate and the City of Corpus Christi's Runoff Cost Estimate. 3.5. As soon as reasonably possible after the election or the runoff election, the Contracting Officer will submit an itemized invoice to the City of Corpus Christi (i) for the actual expenses he/she incurred as described above. 3.6. The Contracting Officer's invoice shall be due and payable by the City of Corpus Christi to the address set forth in the invoice within 30 days after its receipt by the City of Corpus Christi. If the City of Corpus Christi disputes any portion of the invoice, the City of Corpus Christi shall notify the Contracting Officer within such 15-day period or the invoice will be deemed to be a true and accurate rendering of the amount that is due. IV GENERAL PROVISIONS 4.1. Acknowledgement of Shared Polling Places. The City of Corpus Christi acknowledges that the Contracting Officer may enter into similar Election Services Contracts with the City of Driscoll,the City of Bishop,Emergency Services District#3,and Bishop Independent School District. In such event, the City of Corpus Christi agrees to share common polling places with the other political subdivisions. 4.2. Nothing contained in this Contract shall authorize or permit a change in the officer Page 4 of 6 with whom or the place at which any document or record relating to the election or to the runoff election is to be filed, the place at which any function is to be carried out, the officers who conduct the official canvass of the election returns, the officer to serve as custodian of the voted ballots or other election records, or any other nontransferable functions specified by Section 31.096,Texas Election Code. 4.3. Only the actual expenses directly attributable to the Contract may be charged to the City of Corpus Christi by the Contracting Officer, Section 31.100, Texas Election Code. 4.4. For purposes of implementing this Contract, the Contracting Officer and the City of Corpus Christi designate the following individuals, and whenever the Contract requires submission of information or notice to the Contracting Officer or the City of Corpus Christi, submission or notice shall be made to these individuals: For the Contracting Officer: Name: Kara Sands Mailing Address: P.O. Box 2627 Corpus Christi,TX 78403 Tel.: 361-888-0580 Email: nueces.countyelections@nuecesco.com For the City of Corpus Christi: Name: Rebecca Huerta Mailing Address: P.O. Box 9277 Corpus Christi, TX 78469 Tel.: 361-826-3105 Email: citysecretary@cctexas.com Remainder of page intentionally left blank; signature page to follow. Page 5 of 6 By their signatures below, the Contracting Officer and the City of Corpus Christi's warrant and represent that they are authorized to enter into this Contract. WITNESS THE FOLLOWING SIGNATURES AND SEALS ON THE RESPECTIVE DATES SHOWN BELOW: The Contracting Officer NUECES COUNTY tA44) (seal) Kara Sands County Clerk a a� 7 Date CITY OF CORPUS CHRISTI e - Margie C. Rose City Manager 3-A41 Date ATTEST: al0Le--ee, Rebecca Huerta C-r—CL—Q1 "�u City Secretary 0 COUNCIL.,_., „ .2`114.:1 3/3 di �'" s :rAQv Date APPROVED AS TO LEGAL FORM: 3-1-17 Buck Brice (Date) Assistant City Attorney For City Attorney Page 6 of 6 yP`�°r,E,gs NUECES COUNTY COUNTY CLERK ELECTION DEPARTMENT Cost Sheet Detail Breakdown �" Y `f` COST ESTIMATE OF ELECTION Election For: May 2017 COST ESTIMATE Election Date: May 6th, 2017 Total Number of Registered Voters (1111,238) of Registered Voters City of Corpus Christi 8lahop IBD Cly Of Bishop City Or Drlaaoll ESD 63 171,242 94.48% 3,503 1.93% 2,347 1.29% 412 0.23% 3,734 2.06% EQUIPMENT RENTAL Unita Used Cost Per Unit Kiosks (usage fee - equipment, etc) EV 15 50.00 Kiosks (usage fee - equipment, etc) ED 81 50.00 JBC Equipment EV (each) 15 200.00 JBC Equipment ED (each) 81 200.00 DAUB Equipment EV (each) 19 200.00 DAUB Equipment ED (each) 92 200.00 East. Equipment EV (each) 38 200.00 Eslate Equipment ED (each) 184 200.00 MO - AT&T Motility October 2016 - Pro -rated 0 1662.93 Mi6 - AT&T Motilil9 November 2016 - Pro -rated 1,736.10 Total Cost S 750.00 E 4,050.00 S 3.000 00 S 16,200.00 S 3,800.00 $ 18400.00 S 760000 S 36,800.00 E 3.399.02 525 f 83,999.02 Renal Of Poing location EV S 500.00 Rental Of Poing location ED S 1 500.00 LABOR 1 600.1,e Worked) Coe Per Hours! Total Cos Election Department's Overtime (outside 8:00 am - 5:00 pm) Number of Hours 300 f 7,287.60 Contract Personnel EV/ED Field technicians, Pre/Post equipment prepping at warehouse, De9very and pick up of equipment, Support for processing absentee mail kits, Processing incoming mail 4 warehouse techs, 2 ev techs, 16 Ed techs. 22 Temp Workers f 22,245.00 PROFESSIONAL SERVICES Support Days Daily Coe HART On -Site Consuitant on 11/8/16 f 3,280.00 Total Cos f 3280.00 ELECTION SUPPLIES EV/ED Total Cos i.e. Ballot by Mall kms. Sample ballots. Emergency ballots, Tamper endent/secunty bags/locks/seaA, Training material and folders, Toner carbidges, Keyless security seals Pul Ste seals and Tamper evident labels) S 12,000.00 SUB -TOTAL I a 140,811.62 I GRAND TOTAL I a 140,811.62 8 708.63 S 14.50 9.71 1.70 15.45 3,826.63 S 78.28 f 52.45 f 9.21 S 83.44 2.834,54 f 57.98 S 38.85 3 6.82 $ 61.81 15,306.51 S 313.12 209.79 S 36.83 S 333.76 3,590.41 $ 73.45 49.21 f 8.64 78.29 17,385.17 f 355.64 S 238.28 f 41.83 E 379.09 7,180.83 S 146.89 f 98.42 f 17.28 f 156.58 34,770.33 S 711.28 S 476.55 f 83.66 f 758.18 3,211.55 $ 65.70 f 44.02 7.73 70.03 472.42 1 9.66 S 6.47 S 1.14 E 10.30 1,417.27 f 28.99 f 19.42 E 3.41 S 30.90 6,885.66 f 140.88 S 94.37 3 16.57 3 150.14 8 21,018.10 f 429.96 288.07 1 50.57 S 458.31 3,099.09 63.40 f 42.48 7.46 S 87.58 11,338.15 f 231.94 S 155.40 f 27.28 247.23 S 133,045.30 2,721.63 f 1,823.49 320.10 S 2,901.11 Prepared by Nueces County Elections Department Please remit payment to: Nueces County Clerk- Elections Department P 0 Box 2627 Corpus Christi, TX 78403 (Note: Cost based on number of registered voters per entity) Exhibit A 1 of 2 NUECES COUNTY COUNTY CLERK ELECTION DEPARTMENT Cost Sheet Detail Breakdown COST ESTIMATE OF ELECTION for Predicted Election For: May Runoff 2017 COST ESTIMATE Election Date: May 6th, 2017 Total Number of Registered Voters (181,238) of Registered Voters EQUIPMENT RENTAL Units Used Cost Per Unit Total Cost Kiosks (usage fee - equipment, etc) EV 2 50.00 $ 600,00 Kiosks (usage fee - equipment, etc) ED 76 50.00 $ 3.800 00 JBC Equipment EV (each) 2 200.00 $ 2,400.00 JBC Equipment ED (each) 76 200.00 $ 15,200.00 DAUs Equipment EV (each) 16 200.00 $ 3,200.00 DAUs Equipment ED (each) 87 200.00 $ 17 400.00 Eslate Equipment EV (each) 32 200.00 6.400.00 Eslate Equipment ED (each) 174 200.00 34 800.00 Mifi - AT&T Mobility October 2016- Pro -rated 1,662.93 Mifi - AT&T Mobility November 2016 - Pro -rated 1,736.10 $ 3,399.02 485 $ 87,199.02 Rental Of Polling location EV $ 500.00 Rental Of Polling location ED $ 1 500.00 LABOR Hours Worked' Cost Per Hours' Total Cost Electron Department's Overtime (outside 8:00 am - 5:00 pm) Number of Hours 300 $ 7,287.60 Contract Personnel EV/ED Field technicians. Pre/Post equipment prepping at warehouse, Delivery and pick up of equipment, Support for processing absentee mail kits, Proccesing incoming mail. 4 warehouse techs, 2 ev techs, 16 Ed techs. 22 Temp Workers $ 22,245.00 PROFESSIONAL SERVICES Support Days Daily Cost Total Cost HART On -Site Consultant on $ 3,280.00 $ 3 280.00 ELECTION SUPPLIES EV/ED Total Cost i.e, Ballot by Mail kits, Sample ballots, Emergency ballots, Tamper evident/security bags/locks/seals, Training material and folders, Toner cartridges, Keyless security seals Pull lite seals and Tamper evident labels) $ 12,000.00 SUB -TOTAL $ 134,011.62 GRAND TOTAL $ 134,011.62 Prepared by Nueces County Elections Department Please remit payment to: Nueces County Clerk — Elections Department P 0 Box 2627 Corpus Christi, TX 78403 (Note: Cost based on number of registered voters per entity) Exhibit A 2 of 2