Ordinance No. 10,307ORDINANCE NO. 10,307
® 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 ELECTIONS TO BE HELD ON MAY 13, 2006; 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 elections to be held on May 13, 2006. 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 13th day of April, 2006.
CALVIN MUNDINGER, a
, City Clerk
APPROVED ASaTO FORM:
ACIO RAMIREZ, SR., City A torney
0 RAKaren\Rcs\City CounciAOrdinances120061April 131VotingSystemAgreementwHatrisCounty .doc
•
AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN
RELATING TO AN ELECTION AND THE SUBSEQUENT RUNOFF TO BE HELD ON
MAY 13, 2006
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 the "Entity."
RECITALS
9
The Entity contemplates holding an election on May 13, 2006.
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 the County pursuant to the Voting Rights Act of
1965, as amended (hereinafter, "Voting System ").
The Entity desires to use the County's Voting System in its election. The 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 $10,180.44. The estimated Base Agreement Total is itemized in Attachment A,
and is based on inforrnation provided by the Entity at least sixty (60) days before Election Day.
Pursuant to TEX. ELEC. CODE ANN. § 31.100(d), the Harris 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 Agreement. This
fee based on the estimated Base Agreement Total is 51,018.04 and is also set forth in Attachment A.
Definitions
As used in this Agreement, the following terms shall have the meanings as set forth below:
a. `'Ballot language" means the correct spelling of the terms and language used by the Hams County
Clerk in coding the election ballot for the Entity. Such language shall include: the election title, the
names and addresses of all early voting locations, the names and addresses of all polling place
locations (including the precinct name /number), the contest or race name, the candidates names, and
the candidate ballot positions.
b. "Voting System Equipment" shall mean eSlates, Disabled Access Units (DAUB), Judges Booth
Controllers (JBCs), Mobile Ballot Boxes (MBBs, or data cards), and Tally Equipment (one laptop
computer and two printers).
Terms
In consideration of the mutual covenants; agreements and benefits to the parties; IT IS AGREED as
follows:
0 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 the 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 Hams County Clerk, pursuant to TEX. ELEC. CODE ANN. § 31.094, will supervise the performance
of corresponding duties and functions.
I1.
The ENTITY agrees:
a. To promptly furnish the County with the ballot language sixty (60) calendar days before Election Day;
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; that the ballot language will be provided to the
County in all language translations required by the Entity;
b. To proofread, correct, approve and return each ballot proof to the County within thirty -six (36) hours of
receipt; to pay the actual cost incurred by the County because of changes to the Entity portion of the
ballot after its approval of the ballot; and that any change requested by the Entity within fifty -two (52)
calendar days before Election Day will be considered a late submission and subject to an additional
penalty at the discretion of the County not to exceed $1,018.04;
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 least fifty -two (52) calendar days before Election Day 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 the Entity and the County will assess the 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 (2) election personnel for each early voting and Election Day
location for the purpose of training in the administration of the election and operation of the County's
electronic voting system, if necessary.
f. To pay the Base Agreement Total of 510,180.44 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 $1,018.04 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 in a duly and fully executed form. To allow for passage and
execution by the Entity's governing body, the Agreement is due into the County no later than nineteen
(19) calendar days before Election Day.
i. To return such Voting System Equipment to the County at the Electronic Technology Center (ETC); 606
Canino Road, Houston, Texas 77076, within ten (10) days of the election and if said Voting System
Equipment is damaged in any way or not returned to the County, the Entity shall pay for the actual
• replacement cost of the Voting System Equipment.
(16 GEN 0505 - Equipment Use AGR with Baytown i
® The Entity agrees to deliver $6,719.09 to the County no later than nineteen (19) calendar days before
Election Day. The County agrees to furnish a final accounting of the election expenses and fees within ninety
(90) days after the election. The Entity agrees to pay the invoice within thirty (30) days of receipt. Payments, in
the name of Harris County, must be submitted to Beverly Kaufman, Hams County Clerk, Attn: Elections
Division, P.O. Box 1525, Houston, TX 77251 -1525. The County will provide to the Entity a Personal Entity
I.D. ( "PEID ") number assigned by the County Auditor. Each payment by the 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 at the address above.
IV. 0
It is understood that the County will incur costs and expenses in connection with the making of
arrangements and preparations for the election. In the event the election to be held at the expense of the Entity is
enjoined or canceled within fifty -two (52) calendar days before Election Day, or if for any reason whatsoever
the Entity shall decide, within fifty -two (52) days before Election Day, not to proceed with the election, or if the
date of the election is postponed or otherwise changed, the Entity shall be obligated to the County in the amount
of 51,018.04 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.
In the event the Entity cancels the election, the official Entity representative shall immediately and
without delay contact the County of such cancellation via electronic mail and in writing, on official Entity
letterhead, mailed to the County representative, at the address provided in Section III of this Agreement.
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, 4th Floor
Houston, TX 77002
Attention: Elections Division
ENTITY:
City of Baytown
2401 Market
P. 0. Box 424
Baytown; Texas 77522
(16 G!i N 050 i - Equipment Use AGR with Bawown
® ' VII.
This instrument contains the entire Agreement between the parties for the use of voting equipment in
connection with the election to be held May 13, ?006. 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.
06 GEN0505 - Equipnuni Use AGR with BaNlown 4
® EXECUTED on this the day of
APPROVED AS TO FORM:
MIKE STAFFORD
County Attorney
By:
RACHEL BOATES
Assistant County Attorney
•
EXECUTED on this the
ATTEST:
By:
Printed Name:
APPROVED AS TO FORM:
By:
Attorney
2006.
HARRIS COUNTY
By:
BEVE LY FMA
County Clerk
day of 2006.
CITY OF BAYTOWN
ah GE.-V0505 - Equipment Use AGR with Baytown
By:
Printed Name
COUNTERSIGNED:
5
A
Attachment A
3/27/2006
Full
Estimated Cost
Actual Cost
City of Baytown
13 -Ma 06
y,
1 I
� I
I I
Qty.
; I
Cost I Hours 1
Total Qty.
Cost Hours j
Total
Item I
Early Voting
1
Ballot By Mail 8 112 X 11 Ballot Paper 1
NIC1
1
i
I
N/C
1
Sample Ballots (max. 25)
25
895
$0.25
1
$223.751
1
$0.251
1
$0.00
English /Spanish
1921
$0.251
$48AOI
�l
so.
l
$0.00
EnglishNietnamese
l 1
i
(
1
Equipment -Early Voting
21
$107.451
�
$214.90
$107.45
1
$0.00
JBC
1 31
$114.931
I
$344.791
1
$114.931
1
$0.00
DAU
1 41
$68.751
I
$275.001
I
$68.751
$0.00
eSlate
1 11
$6.181
I
$6.18
I
$6.181
I $0.00
Caddy
1
1
$7.261
i
$7.261
1
$7.2fi 1
1 $0.00
D N ery
2I
$128.001
j
$256.001
(
$128.00�j
$0.00
1
1
$1,375.881
1
1
1
1
I $0.00
I
I
Training
I
•
I 61
$15.001 I
I
$90.001
I
1
$15.00
I $0.00
JudgelClerk EVIED Training per
i 11
$15.001 1
$15.00
1
$15.00
$0.00
Technician Training per
I 41
$50.001 I
$200.001
$50.001
1 $0.00
Tally Training (Flat Fee) (Max. 4) per
11
$3.00 1
$33.001
$0.00
Total Training Booklets
1
1
$338.001
�
1
I $0.00
Election Day
Equipment - Election Day
1
131
$107.45
1
1
$1,396.851
1 $107.451
1
j $0.00
JBC
131
$114.931
I
$1,494.091
1 $114.931
I $0.00
DAU
E 261
$68.751
1
$1,787.501
j $68.75
$0.00
eSlate
21
$6.181
1
$12.361
1 $6.181
$0.00
Caddy
1 131
$7.261
j
$94.381
1 $7.261
; $0.00
TVNCR
11
$200.Oa1
1
$2o0.ao1
5200.001
I $0.00
Ta11y Equipment
131
$128.001
j
$1,664.001
$128A0
1
j $0.00
Delivery
1
1
$6,649.181
{ $0.00
UA TEST
Equipment - UA Test
I
1 1
$107.451
1
!
$107.451
1 $107.45 I ]
$0.00
JBC
I 1 j
$114.931
(
$114.931
$114.93
$0.00
DAU
l
1 I
$222.381
I
$0.00
i
Services
1 1 I
I
t
I I
$0.00
$1 375.00
, .
$1,375.00
Coding fee
41
$55. 00
$220.00]
$55.00!
$0.00
Technical Support (hourly)
I
$1,595.00!
1 i
$0.00
$0. 00
I I
$10,180.44;
I
m T
Base Agree ent otal
1
1
$1,018.04!
1
$0.00
10% Fee [TEC 31.100 (d)]
j
I
$11,198.48
$0.00
Tot al Due Harris County
1
j
1
1
I
!
$6,719.09,
;
$0.00
ELEC TION DEPOS IT
1
I '
$4 479.39
$0.00
Remaining
I � j
s
i
rn wv Auditors Form 154