HomeMy WebLinkAboutPR 20050: LEASE WITH PAISD ON ELECTION EQUIPMENT P. R. No. 20050
12/08/17 sb
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO ENTERING INTO A LEASE
AGREEMENT WITH THE PORT ARTHUR INDEPENDENT SCHOOL
DISTRICT FOR UNASSIGNED eSLATE DISABLED ACCESS UNITS
(DAUs) , eSLATE VOTING MACHINES AND UNASSIGNED JUDGES
BOOTH CONTROLLERS (JBC' S) FOR THE MAY 5, 2018 GENERAL
ELECTION
WHEREAS, the Port Arthur Independent School District is
scheduled to hold an election on May 5 , 2018 ; and
WHEREAS, the Port Arthur Independent School District normally
enters into a joint election agreement with the City of Port Arthur
to administer their elections; and
WHEREAS, the City of Port Arthur is not required to hold a
general election in May of 2018 . Therefore the City of Port Arthur
Election Division is unable to administer the general election for
the Port Arthur Independent School District; and
WHEREAS, per Texas Election Code §123 . 032 (b) a political
subdivision may acquire their voting system by purchase, lease or
other means from any other source; and
WHEREAS, Texas Election Code Section 123 . 035 (a) states that
the authority acquiring the voting equipment shall submit the
contract for the acquisition of equipment to the Secretary of State
for approval ; and
WHEREAS, the City of Port Arthur has available unassigned
voting equipment; and
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WHEREAS, the Port Arthur Independent School District has
requested that the City of Port Arthur allow it to lease voting
equipment so that it may conduct its election; and
WHEREAS, pursuant to Texas Election Code §123 . 033 the minimum
charge is $5 . 00 for each unit of electronic voting system
equipment, which is the amount recommended by the Secretary of
State; and
WHEREAS, it is deemed in the public interest to assist our
neighboring city by entering into a lease agreement with the Port
Arthur Independent School District at a cost of $5 . 00 per machine
per day; and
WHEREAS, the Port Arthur Independent School District has
requested the acquisition of Disabled Access Units (DAUs) , eSlate
voting machines, and Judges Booth Controllers (JBCs) .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct .
Section 2 . That the approval of this Lease Agreement is
contingent upon the a written order issued by the Secretary of
State approving the voting system and voting system equipment in
the General election to be held on May 5 , 2018 .
Section 3 . That the City Council authorizes the Lease
Agreement with the Port Arthur Independent School District in
substantially the same form as attached hereto as Exhibit "A" .
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Section 4 . That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of
A.D. , 2017, at a Regular Meeting of the City Council of the City
of Port Arthur, by the following vote : AYES :
Mayor:
Councilmembers :
NOES :
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
alecia T' zeno
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
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EXHIBIT "A"
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
RELATING TO AN ELECTION TO BE HELD ON MAY 5, 2018
AND THE SUBSEQUENT RUNOFF
THIS AGREEMENT, made and entered into by and between the City
of Port Arthur and the Port Arthur Independent School District,
hereinafter known as "City" and "PAISD. "
PAISD contemplates holding an election on May 5, 2018 .
The City possesses unassigned electronic voting system
equipment that has been duly approved by the Secretary of State
pursuant to Texas Election Code §122 . 031 - 122 . 039, §122 . 061 and
§122 . 091, as amended, and duly approved by the United States
Justice Department for use in the City pursuant to the Voting
Rights Act of 1965, as amended (hereinafter, "Voting System" ) .
PAISD desires to use the City' s Voting System in its election.
PAISD is willing to compensate the City for such use, for certain
requested machines, in accordance with the applicable provisions of
Texas Election code §123 . 033 (b) .
The fair and reasonable compensation for use of the City' s
Voting System is set at $5 . 00 per machine per day.
In consideration of the mutual covenants, agreements and benefits
to the parties, IT IS AGREED as follows :
The City agrees :
a. To provide eSlate Disabled Access Units (DAUs) , eSlate voting
machines and Judges Booth Controller (JBC) for use only in early
voting by personal appearance .
b. To provide eSlate Disabled Access Units (DAUs) , eSlate voting
machines and Judges Booth Controller (JBC) for Election Day Use
only.
PAISD agrees :
a. To provide the City with the proposed date of its runoff .
b. To pay the base agreement of $5 . 00 per machine per day.
c . To allow for passage and execution by the Port Arthur
Independent School District' s government body and to deliver
this agreement in a duly and fully executed form to the City.
d. To contract the services of HART Intercivic for support and
services to include training, programing and testing.
e . To pick up the Voting System equipment in time to allow for all
services and testing to be performed independently.
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f . To return such Voting System equipment to the City within ten
(10) days of the election or runoff, whichever comes later. If
said Voting System equipment is damaged in any way or not
returned to the City, PAISD shall pay for the actual replacement
cost of the Voting System equipment .
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 party hereto .
That the approval of this Lease Agreement is contingent upon the a
written order issued by the Secretary of State approving the voting
system and voting system equipment in the General election to be
held on May 5, 2018 .
SIGNED AND AGREED TO this day of , A.D. .
Port Arthur Independent School District
By:
Print Name :
Title:
Witnessed
SIGNED AND AGREED TO this day of , A.D. .
City of Port Arthur
Harvey Robinson
Interim City Manager
Attest
Sherri Bellard
City Secretary
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