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HomeMy WebLinkAbout(03) PR13544: ELECTION AGRMT. interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney Date: April 28, 2006 Subject: Amended P. R. 13544 Special Council Meeting May 3, 2006 Attached is P. R. No. 13544 authorizing an Interlocal Agreement between Jefferson County and the City of Port Arthur as to the early voting period and for the May 13, 2006 Election and the use of the electronic voting equipment. MTS:ts Attachment cc: Director of Finance z.pr13544 .memo P. R. No. 13544 04/28/06 ts RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF PORT ARTHUR AS TO THE EARLY VOTING PERIOD AND FOR THE MAY 13, 2006 ELECTION AND THE USE OF THE COUNTY'S ELECTRONIC VOTING EQUIPMENT WHEREAS, the City is conducting an election on May 13, 2006; and WHEREAS, Section 61.012 of the Texas Election Code requires that at least one accessible voting system be provided in each polling place used in a Texas Election on or after January 1, 2006; and WHEREAS, the City desires to enter into an Interlocal Agreement for the use of the County's electronic voting equipment for the early voting period and for the May 13, 2006 Election, as delineated in the Interlocal Agreement attached hereto as Exhibit WHEREAS, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the prea~lble are true and correct. Section 2. That the City Council approves the Interlocal Agreement for the use of the County's electronic voting equipment for the early voting period and for the May 13, 2006 Election, as pz.13544 delineated in the Interlocal Agreement attached hereto as Exhibit Section 3. 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., 2006, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ' Councilmembers ' ; NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FOPS: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER pz. 13544 OF FUNDS: DIRECTOR OF FINANCE pz.13544 EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN JEFFERSON COUNTY AND CITY OF PORT ARTHUR This agreement, made and entered into, by and between, Jefferson County, hereinafter referred to as "County", acting herein by and through its County Judge and County Commissioners Court, and the City of Port Arthur hereinafter referred to as "Entity", acting herein by and through its Board. WITNESSETH: WHEREAS, Entity is required to conduct an election on May 13, 2006; and WHEREAS, Section 61.012 of thc Texas Election Code requires that at least one accessible voting system be provided in each polling place used in a Texas Election on or after January 1, 2006; and WHEREAS, Sections 123.032 and 123.035 of the Texas Election Code authorize thc acquisition of voting systems by local political subdivisions and further mandate certain minimum requirements for contracts relating to the acquisition of such voting systems; and WHEREAS, Entity located in Jefferson County, Texas, desires to enter into an Interlocal Agreement for the use of the County's electronic voting equipment, printer packs and PEBs (Personal Electronic Ballots) for the early voting period and for the May 13, 2006, Election Day; AND WHEREAS, the Commissioners Court of Jefferson County, Texas desires to give authorization for said usage. NOW THEREFORE BE IT RESOLVED BY THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS, THAT: Said Commissioners Court authorizes the usage of said equipment by Entity under the conduct and supervision of Carolyn L. Guidry, County Election Official of Jefferson County, Texas; and BE IT FURTIIER RESOLVED, that the Entity will be responsible for election costs incurred in the programming of said equipment for the purpose by the County's vendor, Election Systems and Software, Inc.; and BE IT FURTHER RESOLVED, that each piece of electronic equipment needed shall lease for $50 per unit as set by the County Clerk for this election only; any equipment returned damaged or in a lesser state than received, full value of equipment to be repaired or replaced will be the responsibility of the Entity; and BE IT FURTHER RESOLVED, that the Entity shall be responsible for insurance coverage for all County's electronic voting equipment while in the Entity's possession in a manner in which the Entity would provide coverage if owned by them; and BE IT FURTHER RESOLVED, that the preparation of the equipment, Logic and Accuracy testing, clearing, loading ballot and audit will be performed by the Clerk's personnel a flat administration fee of $250; the Entity will be responsible for the verification and accuracy of ballot information and shall solely sign off on any and all proofing of said ballot from vendor; and BE IT FURTHER RESOLVED, that mandatory training by the Clerk's office of the electronic (DRE) voting system's functions and operation of the equipment will be provided to the entity as a Train the Trainer session to arm the Entity of the necessary training to teach their designated poll worker~'; and BE IT FURTHER I~$OL VED, that the Entity and CounO/ agree that the estimate sheet Js a good faith estimate only and that the Entity's obligation is the actual cost even in the event the actual cost exceeds the estimated cost; and BE IT FURTHER RESOLVED, that the Entity shall pay upon receipt of billing the total invoice of cost occurred for the election; and BE IT FURTHER RESOLVED, that the Entity retains ultimate responsibility for the election and all County's electronic voting equipment while in the Entities possession; neither the County nor any personnel of the County will be held responsible for any outcome of the election, any malfunction of the electronic voting equipment for the election or any damage caused by the electronic voting equipment; and BE IT FURTHER RESOLVED, AND AGREED upon this day of ,2006. Carolyn L. Guidry Jefferson County Clerk Entity City ot~P~rt Arthu~r - ~" ~ SUBJECT TO CITY COUNCIL APPROVAL Page 2 of 2 2006 ELECTION COST ESTIMATE I ITEM DESCRIPTION COST LOADING AND PREPARING A EQUIPMENT FOR PICKUP QTY, PER UNIT .TOTAL Adminstration Fee 1 $250.00 $250,0 SUB-TOTAL= COST B SERViCE-EXPENSE QTY_ PER UNIT TOTAL Legal Advertising (Notices) 2 $46.80 $93.60 cdivided by 5 entities} SUB-TOTAL= $18.72 COST C EQUIPMENT RENTAL & TRANSPC No, of Days QTY, PER UNIT TOTAL Generic Priva(~y Booth 17 $7.00 $119.00 Dr~:~{ Recording ~llec~ronic Devices' (DREs) 64 $50.00 $3.200.00 SUB-TOTAL= $3.319,01 Number of JNumber of. Cost Per PERSONNEL EXPENSE Employees Hours Hour TOTAL ' D Election Division Overtime 4 40 Various Rates $1.000.00 Security- Sheriffs Deouties ' 2 3 $25.00 $150.00 Central Counting Statlon ES~STech. SuppOrt 16 $162.50 $2.600.00' a County Station Manager I 12 $50,00.. $600.00 b) Tabulation Supervisor 6 ~ $50.00_ $300.00, c) ~,sst. Tabulati~ Supervisor ' _ 6 $50.00_ $300.00: d) Computer Operations Clerks 4 .5 $42.00 $840.00' d) Election Suppo~ Clerks 6 5 $35.00 $1.050.00 (di~ic~ed by 5 entities} SUB-TOTAL= $1,368.0( TECHNICAL SUPPORT QTY. RATE TOTAL (Early Voting & ElectionDay) Fiat rate eer oerson ~ '; $1.~00.00i $1.300.00 ·$1.300.0¢ SUB-TOTAL= TOTAL CONTRACT COST= $6,255.72 CITY OF PORT ARTHUR