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Home My WebLink About2009-200S:IOur Doc uments\ rdinances1491E1ection Contract Ord.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING A CONTRACT FOR ELECTION SERVICES WITH DENTON COUNTY, TEXAS, PERFORMED BY AND THROUGH ITS ELECTION ADMINISTRATOR TO CONDUCT A NOVEMBER 3, 2009 ELECTION CONCERNING AMENDMENTS TO THE CITY OF DENTON CHARTER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tex. Elec. Code §§31.092 and 31.093 allow a County elections officer to contract with the City of Denton to perform election services, as provided by subchapter D of the Texas Election Code, upon the request of the City of Denton for the Elections Administrator to perform those services in accordance with Tex. Elec. Code §31.093; and y the City Council passed Ordinance No R-0-0 WHEREAS, on August 18, 2009, 9 calling an election on November 3, 2009; and WHEREAS, the City Council deems it in the public interest to enter into a Contract for Election Services with Don Alexander, the Elections Administrator of Denton County to perform various election nctions and services for the City in holding this election at an estimated cost of fu $15.996.40 and in accordance with Tex. Elec. Code Ch. 31; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Council hereby requests the Elections Administrator of Denton County to perform the election services set forth in the attached Contract for Election Services (the "Contract"), which is made a part of this Ordinance as if written word for word herein, to furnish election services for the November 3, 2009 election. SECTION 3. The City Manager, or his designee, is hereby authorized to sign the Contract on behalf of the City pursuant to the authority of Tex. Elec. Code §§31.091, 31.092, and 31.093 for the County to perform certain election services and to provide certain equipment for the holding of the November 3, 2009 election. SECTION 4. The City Manager, or his designee, is authorized to make expenditures and to exercise all rights and duties of the City of Denton under the Contract. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. SA0ur Documents\Ordinances1091Election Contract Drd.doc PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY B . AIPPRt ED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY M r 1 "4 w KW. PAW -AWN Page 2 THE STATE OF TEXAS II CONTRACT FOR COUNTY OF DENTON ELECTION SERVICES CITY OF DENTON BY THE TERMS OF THIS CONTRACT made and entered into by and between the City of Denton, as duly authorized by the City Council hereinafter referred to as the Council, serving by and through its City of Manager, as duly authorized by the Council, and Denton County, Texas acting by and through its Elections Administrator hereinafter referred to as the Contracting Officer, pursuant to the authority of Section 31.091, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City of Denton, November 3, 2009, Charter Election in Denton County. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station if required and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election Day and early voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each polling place will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the early voting ballot board. The Contracting Officer with the approval of the Council shall utilize election judges appointed by the Denton County Commissioners Court. b. The Contracting Officer shall compensate each election judge and worker. Each judge and worker shall receive compensation per hour for services rendered based on rates set by Denton County Commissioners Court. C. Election Judges shall attend the Contracting Officer's school of instruction (Elections Seminar) to be held October 31, 2009 in the Denton County Administration Building, 401 West Hickory, Denton 76201 or other location to be announced at 9:00 a.m. d. Election judges shall be responsible for picking up and returning election supplies. Compensation for this pickup and return will be $25.00. B. The Contracting Officer shall procure, prepare, and distribute ballots, election kits and election supplies. a. The Contracting Officer shall secure election kits that include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, duplication ballots, and legal documentation required to run to the central counting station and/or early voting ballot board. C. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. The Election Day list of registered voters shall be arranged in alphabetical order by polling place in lieu of alphabetic by each precinct in each polling place. The Contracting Officer may use the computer database for the list of registered voters during early voting. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ballot boxes, transfer cases, voting signs, and directional poles and tote boxes. 2. Supplies include ballots, sample ballots, early voting mail ballots, pens, tape, markers, etc. C. The Elections Administrator of Denton County, Texas, shall be appointed the Early Voting Clerk by the City of Denton for the election in Denton County. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Clerks. b. Early Voting by personal appearance for the City of Denton November 3, 2009, Charter Election in Denton County shall be conducted on weekdays beginning Monday, October 19, 2009, and continuing through Friday, October 30, 2009. Times are as follows: October 19, 2009 through October 28th, 8:00am to 5:00pm; October 29" through October 3oth, 7:00am through 7:00pm. Locations and times of voting by personal appearance shall be as per Denton County Elections Memo at Annex B. c. All applications for an Early Voting mail ballot shall be received and processed by the Denton County Elections Administration Office, P.O. Box 1720, Benton, Texas 76202. 1. Applications for mail ballots erroneously mailed to the City of Denton shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention 2. All Federal Post Card applications (FPCA) will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be TBA . The Board shall meet for preparation of the early voting ballots on (as ordered by Commissioners Court.) D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City of Denton shall assume the responsibility of remitting 50% of the cost of all employee services required to provide access, provide security, or provide custodial services for the early voting and election day polling locations used that are located within the City, Denton, Denton County Texas. E. The Contracting Officer shall be responsible for tabulation of the voted ballots in accordance with Section 127.000 of the Election Code and of this agreement. Counting Station Manager shall be the Elections Administrator of Denton County, Texas. The Tabulation Supervisor and Tabulation Operator shall be provided by the Denton County Elections Administration Office and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted at 10 am, Thursday, September 17, 2009 by the Contracting Officer. (This date is subject to change based on receipt of jurisdiction ballot information and programming. If date is changed, you will be notified at least 48 hours prior to test) C. Election night reports will be available to Council at the Elections Office on election night. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the Council as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded or recycled 22 months after the election. 2. The Council can obtain the list of registered voters from the Elections Administration Office during this retention period. Pending no litigation and if the Council does not request the lists, the Contracting Officer shall destroy them 22 months after the election. f. The Contracting Officer shall conduct a partial manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Council in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(e) of the aforementioned code. II. Duties and Services of the Council. The Council shall assume the following responsibilities: A. The Council shall prepare the election orders, resolutions, notices, justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. -3- a. The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Officer shall also prepare a certification of tabulation and an unofficial canvass reports that will assist the Council with the official canvass. b. The Council assumes the responsibility of posting all notices and likewise posting the schedules for Early Voting and Election Day. B. The Council shall provide the Contracting Officer with the ballot wording and Spanish interpretation. a. The Council shall deliver to the Contracting Officer as soon as possible, but no later than 10:00am Friday, September 4, 2009, the official wording in English and Spanish for the Council's November 3, 2009, Charter Election. b. The Council shall approve the "blue line" ballot format prior to the final printing. C. The Council shall post the publication of election notice by the proper methods with the proper media. D. The Council shall prepare and submit to the U.S. Department of Justice under the Federal Voting Rights act of 1965, any required submissions on voting changes. E. The Council shall compensate the Contracting Officer for any additional election costs incurred in the process of running this election or for a re-count this election may require. F. The Council shall submit with this signed contract a deposit of 90% of the estimated election cost. The contract will not be accepted without this deposit. G. The Council shall pay a prorated cost of conducting the said election, plus the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. Cost of Services. Costs of services will be prorated for ballots based on the City of Denton precincts voting. The City of Denton will reimburse 50% of ballot printing costs. Costs of labor and election supplies will be split 50150 with Denton County or other calculated rate if additional jurisdictions participate in the City of Denton, City area of Denton County. The City of Denton will pay 100% of all programming fees. See Annex A attached. IV. General Provisions. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Council's November 3, - 4 - 2009, Charter Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the Council. C. If the Council cancels their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the November 3, 2009, Charter Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Denton County, Texas. WITNESS BY MY HAND THIS THE Sy" DAY O 22009. DENTON COUNTY, TEXAS By: IOU,, �`h--- Don Alexander Elections Administrator Denton County, Texas WITNESS BY MY HAND THIS THE 44 DAY O George C. Campbell Denton City Manager _5_ 2009. a� U cd riz 40 co 9 „.., C C W C> 1-4 M 4] � > pw a z 0 C 43 A 0 u �vIg a� av �o 8 � aC; CDcavvaoaoaovaoaovooaovvvaca CD v e z 08 v �oaa`ac�a�` 8 go�vaoaa88 8 �n� r° a Na oovoaoa voaaoa��nvo00�to v p,., a r-+ M �-+ M to N 6f3 a C 5+g M N 5H &g 5A 5f3 �.; 6S 'er c�vo�aooaav��vc��n��aa .vavvo vc oarn ao°�n�?° � �v+ocs� ovovvvv aoW1 a a.� N000en en clNV)6s vo o a o 00 o a v a o 00 %0 �r W r•• v o v o 0 00 00 .� N ca .� a 00 N v 00 v w G v .� N m N .--q C7 N ►-� N 8CP Q G 0NooC) n 0% it n n •-� F14 rl r�l rl � o x X X WJ 41 o'er ig" 'Fla > ci ig , :� V, co co igma W L) > d Denton County Elections Administration November 3, 2009 Constitutional Amendment Election Early Voting Locations Dates and Times Monday - Friday October 19 -- 23 8:00a -- 5:00p Monday — Wednesday October 26 — 28 8:00a — 5:00p Thursday -- Friday October 29 — 30 7:00a -- 7:00p Steven Everett Copeland Government Center„ Lewisville Municil2al Annex 1400 FM 424, Cross Roads 1197 W. Main Street, Lewisville Justin Munici al Buildin 415 N. College, Justin JoselDh A. Carroll Admin. Buildin 401 W. Hickory, Denton North Texas State Fair Grounds — Fair Hall 2217 N Carroll Blvd., Denton Highland Village, City Hall 1000 Highland Village Rd., Highland Village FriendshiR Baptist Church 4396 Main, The Colony Carrollton Public Libra 4220 N. Josey, Carrollton Frankford Town Homes 18110 Marsh Ln., Dallas Flower Mound Police and Court Building 4150 Kirkpatrick, Flower Mound Lake Dallas City Hail 212 Main Street, Lake Dallas Sanger First Baptist Church 708 S. 5 St., Sanger The followin earl voting sites will ONLY be o en the dates and times listed: Frisco Lakes Amenities Center Monday — Wednesday October 26 — 28 8:00a -- 5:00p 7277 Frisco Lakes Dr., Frisco Thursday -- Friday October 29 — 30 7:00a — 7:00p Roanoke CommunW Center Monday — Tuesday October 19-20 1:00p — 5:00p 312 S. Walnut, Roanoke Thursday — Friday October 22-23 1:00p — 5:00p Monday — Tuesday October 26-27 1:00p — 5:00p Thursday — Friday October 29-30 1:00p — 5:00p Trophy Club MUD 100 Municipal Drive, Trophy Club Thursday --- Friday October 29 — 30 7:00a — 7:00p