Ordinance No. 9,542ORDINANCE NO. 9542
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RATIFYING THE INTERLOCAL AGREEMENT WITH HARRIS
COUNTY, TEXAS, FOR THE SUPPLY OF ELECTION EQUEPMENT AND
OTHER SERVICES FOR THE MAY 3, 2003 ELECTION; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby ratifies the
interlocal agreement with Harris County, Texas, for the supply of election equipment and other
services for the May 3, 2003 election. A copy of the Agreement is attached hereto as Exhibit
"A" and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 27th day of March, 2003.
�� r- a��
PETE C. ALFARO, President
ATTEST:
V W. SM.IT3H, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR. ity Attorney
F:AKaren \FileslCity Council\ Ordinances\ Ratifyinglnterlocal AgreemcntWHarrisCounty4L lection.doc
AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN
RELATING TO ELECTIONS TO BE HELD ON MAY 3, 2003.
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT, made and entered into by and between Harris County, a body
corporate and politic under the laws of the State of Texas, hereinafter referred to as "County,"
and City of Baytown, hereinafter "City of Baytown."
RECITALS
The City of Baytown contemplates holding an election on May 3, 2003.
The County owns an electronic voting system that has been duly approved by the
Secretary of State pursuant to Tex. Elec. Code Ann. § §122.031- 122.039, §122.061, §122.091, as
amended, and duly approved by the United States Justice Department for use in Harris County
pursuant to Voting Rights Act of 1965, as amended (hereinafter, "Voting System "), and the City
of Baytown desires to use the County's Voting System in its election and to compensate the
County for such use and to share in certain other expenses connected with such elections in
accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as
amended.
The fair and reasonable compensation for, use of the County's equipment, supplies, and
staff and for other services provided for administration of the election is $5,971.24, detailed in
the itemized list of estimated election expenses under Attachment A.
The fair and reasonable value of the general overall supervision and advisory services of
the County Clerk in connection with decisions to be made and actions to be taken by officers of
the City of Baytown is $542.84, in accordance with the applicable provisions of Chapters 31 and
271 of the Texas Election Code, as amended.
Terms
In consideration of the mutual covenants, agreements and benefits to the parties, IT IS
AGREED as follows:
I.
The County agrees:
a. To secure and arrange for the delivery of Voting System equipment for use only in early
voting by personal appearance. .
b. To provide all paper ballots for use in early voting by mail per request at a rate provided
in Attachment A.
c. To provide Voting System equipment for Election Day use only and to deliver the voting
equipment to all polling places at least one (1) hour before. the time set for opening the
polls.
d. To notify election judges of the dates, times, and places of election judge schools for
election judges.
• e. To arrange for the use of equipment needed at the counting stations and assist in the
preparation of the programs and test materials for the tabulation of the ballots to be used
with the electronic voting equipment.
MOIT A
•
II.
The County Clerk will assist in the general overall supervision of the election and shall
provide advisory services in connection with decisions to be made and actions to be taken by the
City of Baytown's officers in accordance with Tex. Elec. Code Ann. §31.094, as amended.
III.
City of Baytown agrees:
a. To promptly furnish the County with the ballot language in all required languages by
10:00 AM, March 25, 2003; that the ballot language will show the order and exact
manner in which the official ballot is to appear; and to pay for the additional costs
incurred by the County for each day delay in providing the ballot language in the amount
of $500.
b. To proofread and approve its ballot; to pay the actual cost incurred by the County because
of changes to City of Baytown's portion of the ballot after its approval of the ballot; and
that any change requested by City of Baytown after April 1, 2003 will be deemed a new
and late submission and subject to the additional costs as specified in Subsection (a)
above;
c. That, notwithstanding any other provision in this agreement, the ballot language and
write -in information must be furnished to the County by no later than April 8, 2003 and
that failure to provide the ballot language in the exact manner and write -in information by
this date will be deemed a cancellation of this agreement by City of Baytown and the
County will assess City of Baytown costs as outlined in Section V, below.
d. To provide two Election Day polling clerks for each polling place to attend the
mandatory county training program.
e. To pay the County $5,428.40 for the services set forth in Section I.
f. To pay the County Clerk a general depository fee of $542.84. It is understood that the
fee paid for these advisory services shall be deposited in a separate fund in the county
treasury in accordance with Tex. Elec. Code Ann. §31.100, as amended.
g. To deliver a fully executed Agreement to the County Clerk by 10:00 AM, March 25,
2003.
IV.
City of Baytown agrees to deliver $3,582.74 to the County within ten (10) days of the
execution of this Agreement by the City of Baytown. The County Clerk agrees to furnish a final
accounting of the elections expenses actually incurred within 90 days after the election. City of
Baytown agrees to pay the invoice within 30 days of receipt. Payments, in the name of Harris
County, must be submitted to Beverly Kaufman, Harris County Clerk, Attn: Elections Division,
P.O. Box 1525, Houston, TX 77251 -1525. Copies of all related invoices, records or
documentation used in calculating the total cost of the elections will be made available as soon as
practicable by the County upon written request to the County Clerk at the address above.
V.
It is understood that the County will incur costs and expenses in connection with the
making of arrangements and preparations for the elections, and in the event the elections to be
2
• held at the expense of City of Baytown are enjoined or canceled, or if for any reason whatsoever
City of Baytown shall decide not to proceed with the election, or if the date of the election are
postponed or otherwise changed, City of Baytown shall be obligated,to the County in the amount
of $542.84 which is agreed to be a fair and reasonable costs and expenses incurred and to be
incurred by the County in making arrangements and preparations for the election and the loss or
damage to be sustained by the County.
VI.
Each party is responsible for making the submission, if any is required or desired, to the
United States Justice Department pursuant to the Voting Rights Act of 1965, as amended, and no
party hereto shall have any responsibility or duty in connection with the submission relating to
the election to be held at the expense of any other party hereto.
VII.
Any notices permitted or required to be given must be made by certified mail, return
receipt requested, or hand- delivered to the parties at the following addresses:
Harris County:
Harris County Clerk
1001 Preston, 4a' Floor
Houston, TX 77002
Attention: Elections Division
City of Baytown:
City of Baytown
2401 Market
Baytown, Tx 77520
Attention: Gary W. Smith, City Clerk
VIII.
This instrument contains the entire agreement between the parties for the use of voting
equipment in connection with the elections to be held May 3, 2003. Any oral or written
representations or modifications concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing signed by the parties.
X.
This agreement will be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one instrument.
I*
• EXECUTED on this the day of
ATTEST:
Beverly B. Kaufman
County Clerk
APPROVED AS TO FORM:
MIKE STAFFORD
County Attorney
By
T. ott Petty
Assistant County Attorney
EXECUTED on this the day of
ATTEST:
Clerk
APPROVED AS TO FORM:
Attorney
•
4
2003.
'/•\'3'j YKOINllll�
By
Robert Eckels
County Judge
2003.
CITY OF BAYTOWN
IC A
COUNTERSIGNED:
Manager
Attachment A
• City of Baytown and Goose Creek ISD
Billing Statement
Early Voting Equipment Unit cost
JBC
$97.69
DAU
$104.49
eSlate
$62.50
Caddy
$5.62
TV/VCR (Demo units)
$6.60
Election Day Equipment
JBC
DAU
eSlate
Caddy
TVJVCR (Demo units)
Postal Ballot Quantity
Early Voting & Election Day
Equipment delivery
Training
Services
Coding fee
Tally Equipment
Technician Training
Technician Support
SUBTOTAL
Preparation & Administrative Fee (10 %)
TOTAL
Deposit
Amount Due
•
Unit cost
$97.69
$104.49
$62.50
$5.62
$6.60
$0.25
$75.00
$50.00
$1,000.00
$160.00
$100.00
$55.00
# of units Total
1
$97.69
1
$104.49
3
$187.50
1
$5.62
1
$6.60
$401.90
# of units
Total
9
$879.21
9
$940.41
18
$1,125.00
4
$22.48
9
$59.40
# of Sheets
200
# of Polling
Locations
1
12.5
1
1
1
# of Hours
0
$3,026.50
$50.00
$75.00
$625.00
$1,000.00
$150.00
$100.00
$0.00
$5,428.40
$542.84
$5,971.24
$3,582.74
$2,388.50