Ordinance No. 10,074Ordinance No. 10,074
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH HARRIS COUNTY FOR THE USE OF ITS ELECTRONIC VOTING
SYSTEM FOR THE CITY'S RUN -OFF ELECTION TO BE HELD ON
JUNE 11, 2005; 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 authorizes
and directs the City Manager to execute and the City Clerk to attest to an Agreement with Harris
County for the use of its electronic voting system for the City's run -off election to be held on
June 11, 2005. A copy of said agreement is attached hereto, marked 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 26th day of May, 2005.
CALVIN MUNDINGER, or
ATTEST-
tom)
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
eTMACIO RAMIREZ, SR. ity Attorney
R: \Karen \Files \City Counci1\0rdinances \2005Way 26 \VotingSystem Agree menhvHarrisCounty.doc
0
AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN RELATING TO AN
ELECTION TO BE HELD ON
June 11, 2405.
qr
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 referred to as "Entity."
RECITALS
Entity contemplates holding an election on June 11, 2005.
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 and §122.091, as amended, and duly
approved by the United States Justice Department for use in Harris County pursuant to the Voting Rights Act of
1965, as amended (hereinafter, "Voting System ").
Entity desires to use the County's Voting System in its election. Entity is willing to compensate the
County for such use, and for certain requested goods and services, 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 Voting System and for requested goods
and services is estimated to be $3,996.83. The estimated Base Contract Total is itemized in Attachment A, and
is based on information provided by Entity before Election Day.
Pursuant to TEX. ELEC. CODE ANN. § 31.100(d), the County Clerk may further charge a fee for general
election supervision, which is not to exceed ten (10) percent of the total amount of the contract. This fee based
on the estimated Base Contract Total is $399.68 and is also set forth in Attachment A.
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 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.
c. To notify Entity of the dates, times, and places of election judge schools for election judges.
d. 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.
The County Clerk, pursuant to TEX. ELEC. CODE ANN. § 31.094, will supervise the performance of
Worresponding duties and functions.
EMU A
H.
® Entity agrees:
a. To promptly furnish the County With the ballot language in all required languages five (5) calendar days
before the first day of Early Voting; that the ballot language will reflect the exact manner in which the
official ballot is to appear for all respective early voting and election day locations;
b. To proofread and approve its ballot; to pay the actual cost incurred by the County because of changes to
Entity portion of the ballot after its approval of the ballot; and that any change requested by Entity
within two (2) calendar days before the first day of Early Voting will be considered a late submission
and subject to an additional penalty at the discretion of the County Clerk not to exceed $500.00;
c. That, notwithstanding any other provision in this Agreement, the ballot language reflecting the exact
order in which the official ballot is to appear as well as write -in information must be furnished to the
County at least4wo (2) calendar days before the first day of Early Voting and that failure to provide the
ballot language in the exact order and write -in information by this date will be deemed a cancellation of
this Agreement by Entity and the County will assess Entity costs as outlined in Section V, below.
d. To provide all by -mail ballot services and serve as the early voting clerk pursuant to the Texas Election
Code.
e. To provide to the County at least two election personnel for each early voting and election day location
for the purpose of training in the administration of the election and operation of Hams County's
electronic voting system, if necessary.
f. To pay the Base Contract Total of $3,996.83 set forth in Attachment A, and if additional goods and
services are requested or necessary, for those goods and services.
g. To pay the general supervision fee of $399.68 set forth in Attachment A, and if additional goods and
services are requested or necessary, to pay an additional ten (10) percent supervision fee on the cost of
these additional goods and services. It is understood that the fee paid for these services shall be
deposited in a separate fund in the County treasury in accordance with Tex. Elec. Code Ann. §31.100, as
amended.
h. To deliver this Agreement to the County Clerk in a duly and fully executed form. To allow for passage
and execution by Entity's governing body, the Agreement is due into the County Clerk before Election
Day.
III.
Entity agrees to deliver $2,637.91 to the County before Election Day. The County Clerk agrees to
furnish a final accounting of the election expenses and fees within 90 days after the election. Entity agrees to
pay the invoice within 30 days of receipt. Payments, in the name of Harris County, must be submitted to
Beverly Kauffman, Harris County Clerk, Attn: Elections Division, P.O. Box 1525, Houston, TX 77251 -1525.
Within ten (10) days of execution of the Agreement, the County will provide to the Entity a Personal Entity I.D.
( "PEID") number assigned by the County Auditor. Each payment by Entity to the County shall reference and
include the PEID number. Copies of all related invoices, records or documentation used in calculating the total
cost of the election will be made available as soon as practicable by the County upon written request to the
County Clerk at the address above.
N.
It is understood that the County will incur costs and expenses in connection with the making of
arrangements and preparations for the election, and in the event the election to be held at the expense of Entity
is enjoined or canceled, or if for any reason whatsoever Entity shall decide not to proceed with the election, or if
the date of the election is postponed or otherwise changed, Entity shall be obligated to the County in the amount
of $399.68 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.
V.
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.
VI.
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:
COUNTY:
Harris County Clerk
1001 Preston, 4`s Floor
Houston, TX 77002
Attention: Elections Division
ENTITY:
CITY OF BAYTOWN
2401 Market Street
Baytown, TX 77522
VII.
This instrument contains the entire agreement between the parties for the use of voting equipment in
connection with the election to be held June 11, 2005. 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.
VIII.
This Agreement will be executed in several counterparts, each of which shall be an original and all of
which shall constitute but -one instrument.
•
EXECUTED on this the day of
*APPROVED AS TO FORM:
MIKE STAFFORD
County Attorney
By.,
RACHEL BOATES
Assistant County Attorney
2005.
HARRIS COUNTY
W.&M, m - W& I �[Mdj A FE"m , I w"No"
BEVERLY K.AfMAN
County Clerk
EXECUTED on this the day of 2005.
ATTEST: CITY OF BAYTOWN
U1- a
APPROVED AS TO FORM:
Lm
Attorney
•
COUNTERSIGNED:
- City of Baytown June 11, 2005
• Item
Ballot By Mail
Ballot By Mail 8 112 X 11 Ballot Paper
Equipment - Early Voting
JBC
DAU
eSlate
Caddy
TVNCR
Delivery
edge /Clerk Training per
raining Booklets
Equipment - Election Day
JBC
DAU
eSlate
Caddy
TV/VCR
Delivery
Services
Attachment A
L1A TEST
Equipment - UA Test
Technical Support
0 $55.00 $0.00
Estimated Cost
1 $107.45
Actual Cost
DAU
1
Qty.
Cost Hours
Total Qty.
Cost Hours
Total
Delivery
0 $128.00
Early Voting
30
$0.25
$7.50
$0.25
$0.00
1
$107.45
$107.45
$107.45
$0.00
1
$114.93
$114.93
$114.93
$0.00
1
$68.75,
$68.75
$68.75
$0.00
1
$6.18
$6.18
$6.18
$0.00
0
$7.26
$0.00
$7.26
$0.00
1
$128.00
$128.00
$128.00
50.00
$432.81
$0.00
Election Day
0
$25.00
$0.00
$25.00
$0.00
0
$3.00
$0.00
$3.00
$0.00
$0.00
$0.00
6
$107.45
$644.70
$107.45
$0.00
6
$114.93
$689.58
$114.93
$0.00
6
$68.75
$412.50
$68.75
$0.00
2
$6.18
$12.36
$6.18
$0.00
0
$7.26
$0.00
$726
$0.00
0
$128,00
$0.00
$128.00
$0.00
$1,759.14
$0.00
Services
$0.00
L1A TEST
Equipment - UA Test
Technical Support
0 $55.00 $0.00
JBC
1 $107.45
$107.45
DAU
1 $114.93
$114.93
Tally Equipment
1 $200.00
$200.00
Delivery
0 $128.00
$0.00
$422.38
Services
$0.00
Coding fee
1 $1,375.00 $1,375.00
Technical Support
0 $55.00 $0.00
$128.00
$1,375.00
Base Contract Total
$3,996.83
10% Fee [TEC 31.100 (d)]
$399.68
Total Due Harris County
$4,396.51
ELECTION DEPOSIT $2,637.91
Remaining $1,758.61
County Auditors Form 154
Harris County, TX (REV. 07104)
$107.45
$0.00
$114.93
$0.00
$200.00
$0.00
$128.00
$0.00
$0.00
$1,375.00 $0.00
$55.00 $0.00