HomeMy WebLinkAboutResolution No. 06-03 Exhibit Election Contract 2006
ELECTION SERVICES CONTRACT
BETWEEN
DALLAS COUNTY ELECTIONS DEPARTMENT (DCED)
AND
CITY OF UNIVERSITY PARK (UP)
PARK CITIES MUNICIPAL UTILITY DISTRICT (PCMUD)
TO BE HELD SATURDAY, MAY 13, 2006
TO BE ADMINISTERED BY THE DALLAS COUNTY ELECTIONS DEPARTMENT
1. JURISDICTION
The CITY OF UNIVERSITY PARK (UP) plans to hold a General
Municipal Election for the purpose of electing a mayor and
City Council, and a Special Charter Amendment Election on May
13, 2006 in seven (7) Dallas County voting precincts. The
Park Cities Municipal Utility District (PCMUD) plans to hold
a Board of Directors Election on May 13, 2006 in seven (7)
Dallas County voting precincts to elect two (2) directors.
This contract for election services is between the City of
University Park, Park Cities Municipal Utility District, and
the Dallas County Elections Department is authorized by
Subchapter D of Chapter 31, Texas Election Code.
2. ADMINISTRATION
DCED agrees to coordinate, supervise and handle all aspects of
administering the Election in accordance with the provisions
of the Texas Election Code and as outlined in this agreement.
Each participating authority agrees to pay Dallas County for
equipment, supplies, services and administrative costs as
outlined in this agreement. The Dallas County Elections
Administrator will serve as administrator for the Election;
however, each participating authority remains responsible for
the lawful conduct of their respective election.
3. LEGAL DOCUMENTS
3.1 Each participating authority will be responsible for
preparation, adoption and publication of all required election
orders, resolutions, notices and any other pertinent documents
required by their governing bodies.
3.2 UP and PCMUD will be responsible for making the submission
required by the Federal Voting Rights Act of 1965, as amended,
with regard to administration of the joint election. A copy of
the submission will be furnished to DCED. Preparation of
necessary bilingual materials for notices and preparation of
the text for the official ballot will also be the
responsibili ty of each participating authority. Each
participating authority will provide a copy of their
respective election notices and justice submission to DCED.
4. OPTICAL SCAN VOTING SYSTEM/DIRECT RECORD
4.1 Each participating authority agrees that voting at the joint
election will be by use of a direct record and optical scan
voting system approved by the Secretary of State in accordance
with the Texas Election Code. The Dallas County Elections
Department will be responsible for the preparation of programs
and the testing of the direct record system and optical scan
system used for tabulating the ballots. Testing of the direct
record equipment will be conducted at the Elections
Department, 2377 N. Stemmons Frwy, Suite 820, Dallas beginning
Thursday, April 27, 2006 at 10: 00 am and testing of the
optical scan equipment will be conducted at the Election
Equipment Warehouse, 1506 East Langdon Road, Hutchins
beginning Monday, April 10, 2006 at 10:00 am, and before
ballots are tabulated at the scheduled polling locations
listed in Section 13 of this contract and Attachment "B" by
the presiding judges. The Dallas County Elections Department
agrees to establish a central counting station to receive and
tabulate the voted ballots and provisional ballots as outlined
in Section 9 of this agreement.
4.2 Dallas County agrees to provide precinct tabulators, Gemini
voting booths, ADA terminals, and activator PEBS for the
Board of Education Trustee Election. Gemini voting booth
allocation will be based on providing one voting booth for
each 300 registered voters in each election precinct unit,
not to exceed seven (7) voting booths in any given precinct
unit and one precinct tabulator per location.
4.3 It is estimated that four (4) Gemini voting booths, one (1)
precinct tabulator, and two (2) ADA Terminals will be needed
to conduct the May 13, 2006 Joint Election. The cost for the
use of the Gemini voting booths will be determined by
multiplying the total number of voting booths by $35.00 each.
The cost for the use of the precinct tabulator will be
$175.00 each. The cost for the use of the ADA Terminals will
be $300.00 each. The cost for the use of the Activator PEBS
will be $10.00 each(See Attachment "A").
5. VOTING LOCATION
5.1 The Joint Participants will select and arrange for the use of
and payment for the voting location. The voting location will
be, whenever possible, the usual voting location for the
precincts. The proposed voting location is listed in
Attachment "B" of this agreement. In the event the voting
location is not available, DCED will arrange for use of an
alternate location with the approval of each participating
authority affected by the change. The Elections Administrator
will notify each participating authority of any changes from
the location listed in Attachment "B".
5.2 The Elections Administrator will send each participating
authority a final version of Attachment "B" which reflects the
actual location to be used on the day of the election.
6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
6.1 The Joint Participants will be responsible for the appointment
of the presiding judge and alternate for the polling location.
The Elections Administrator shall arrange for the training of
the presiding judge and clerks. The proposed election judge is
listed in Attachment "C" of this agreement. If a person is
unable or unwilling to serve, the Joint Participants will name
a judge for the precinct.
6.2 In compliance with the Federal Voting Rights Act of 1965, as
amended, precincts containing more than 5% Hispanic
population, according to the 2000 census statistics, are
required to have interpreter assistance. If a presiding judge
is not bilingual and is unable to hire a bilingual clerk, the
Elections Department may make a recommendation. If the
Elections Department is unable to make a recommendation, each
participating authority shall be notified and responsible for
providing a recommendation for the precinct.
PAGE 3
6.3 The Elections Administrator is responsible for notifying the
election judge of the eligibility requirements of Subchapter
C of Chapter 32 of the Texas Election Code, and will take the
necessary steps to insure that the election judge appointed
for the special election is eligible to serve. The presiding
judge, with the Elections Department assistance, will be
responsible for insuring the eligibility of each appointed
clerk hired to assist the judge in the conduct of the
election.
6.4 DCED will send joint participants an updated version of
Attachment "C" which reflects the name of the judge who was
sent the letter requesting service for this election, and a
final version for Attachment "C" which reflects the name of
the judge who actually presided on the day of the election.
6.5 The Elections Department will hold a public school of
instruction on the use of optical scan voting equipment, ADA
Direct Record Terminal and election laws on a date, time,
location to be determined by each participating authority. No
election judge will be appointed unless he/she has attended an
election judge training session taught by the Elections
Department.
6.6 The DCED is responsible for picking up and delivering election
supplies at the determined location(which will be set forth in
the election judge letter requesting service for this
election). Each election judge and clerk will receive $8.00
per hour and each clerk will receive $7.00 per hour (for a
maximum of 14 hours).
6.7 The Elections Administrator will employ other personnel
necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for
the election, to ensure the timely delivery of supplies and
e~ipment during the period of early voting and on election
day, and for the efficient tabulation of ballots at the
central counting station. Part-time personnel will be paid an
amount agreed to by each participating authority as outlined
in Attachment "A". Part-time personnel working in support of
the central counting station on election night will receive
pay for at least four hours, minimum call for service,
regardless of the actual hours worked.
7. SUPPLIES AND PRINTING
7.1 The Elections Department will arrange for all election
supplies and election printing, including, but not limited to,
all forms, signs and other materials used by the election
judge at the voting location.
PAGE 4
7.2
The Elections Department will provide maps,
instructions and other information needed
election judges to conduct a proper election.
if necessary,
to enable the
7 . 3 Each participating authority shall furnish the Elections
Administrator with the ballot wording showing the exact manner
in which the candidates and/or propositions shall appear on
the official ballot. The list will be delivered to the
Elections Administrator as soon as possible after ballot
posi tions have been determined by the participating
authorities. Each participating authority will be responsible
for proofreading and approving the ballot in so far as it
pertains to that authority's candidates and/or propositions.
8. OPTICAL SCAN CARD BALLOTS
The ballot allocation for this election is based on providing
enough ballots in every reporting precinct to handle the same
turnout as in comparable elections plus 25 percent (25%) of
that number, for an original allocation of no less than 25% of
the registered voters.
9. RETURNS OF ELECTIONS
9.1 The Elections Department will be responsible for establishing
and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions
of the Texas Election Code and of this agreement.
9.2 The participating authority, in accordance with Section
127.002, 127.003 and 127.005 of the Texas Election Code,
appoints the following central counting station officials:
Manager
- Bruce R. Sherbet
Dallas County Elections
Administrator
Tabulating Supervisor
- TBD
Presiding Judge
- TBD
PAGE 5
9.3 The Manager or his representative will deliver timely
cumulative reports of the election results as precincts are
tabulated. The manager will be responsible for releasing
cumulative totals and precinct returns from the election to
the joint participants, the candidates, the press, and general
public. Dallas County will operate an election result center
to release election results at the University Park City Hall,
3800 University Blvd, University Park, Texas. Any
participating authority, upon request, may require release of
returns be given only at a specified location other than from
the result center. Any participating entity that would like
Dallas County's web-site linked to their web-site, must
provide their web-site address to the Central Counting Station
Manager.
9.4 The Dallas County Elections Department will prepare the
unofficial canvass report after all precincts have been
counted, and will deliver a copy of the unofficial canvass to
each participating authority as soon as possible after all
returns and provisional ballots have been tabulated, but in no
event no later than 10:00am Wednesday, May 24, 2006. All
participating authorities will be responsible for the official
canvass of their election.
9.5 The Dallas County Elections Department will be responsible for
conducting the post election manual recount, unless each
participating authority has received a waiver from the
Secretary of State in accordance with Section 127.201 of the
Texas Election Code. Notification and copies of the recount
will be provided if necessary. Each participating authority
must notify the Elections Department if a waiver for partial
manual recount has been granted or denied twenty (20) days
before the election.
10. ELECTION EXPENSES
10.1 The participating authori ties agree to share the costs of
administering the May 13, 2006 Joint Election. A general
supervisory fee not to exceed 10% of the total cost of the
election shall be assessed as authorized by the Texas Election
Code, Sec. 31.100. Allocation of costs, unless specifically
stated otherwise, is mutually agreed to be shared according to
a formula which is based on average cost per polling place
(unit cost) as determined by adding together the overall
expenses and dividing expenses equally among the total number
of polling places. The cost of any special request from a
participant, which is not agreed upon by all authorities,
shall be borne by that participant. Each participating
authority agrees that no participant shall be billed less than
minimum of one full unit cost.
PAGE 6
10.2 The expenses for early voting by mail and personal appearance
will be paid equally by each participating authority.
10.3 Final election expenses will be
approximately 120 business days after
Elections Administrator will provide to
authority a final accounting in writing of
into the j oint election account and an
payments from the joint election account.
determined within
the election. The
each participating
all funds deposited
accounting of all
10.4 If additional funds are needed, the Elections Administrator
will bill each participating authority in accordance with the
expense formula enumerated within. Any amount remaining will
be refunded accordingly to each participating authority.
11. DEPOSIT OF FUNDS
11.2 Each participating authority agrees to deposit with the Dallas
County Treasurer's Office, by no later than Friday, March 24,
2006, a sum equal to the total estimated cost of election
expenses to be paid by Dallas County as administrator of the
joint election, such funds to be placed in a joint election
account to be used by the County for paying expenses as
outlined in this agreement. No funds will be expended by
Dallas County except for supplies and services outlined in
this agreement or except as may be agreed to, in writing, by
each participating authority.
The amounts to be deposited are as follows:
UP
PCMUD
$ 2,568.11
$ 2,568.11
$ 5,136.22
Total Deposit
Deposits should be delivered within the mandatory time frame to:
Lisa Hembry
Dallas County Treasurer
303 Records Building
509 Main Street
Dallas, Texas 75202.
12. RECORDS OF THE ELECTION
12.1 Nina Wilson, City Secretary, is hereby appointed general
custodian of the voted ballots and all records of the joint
election as authorized by Section 31.096 of the Texas Election
Code.
PAGE 7
12.2 Access to the election records will be available to each
participating authority as well as to the public in accordance
with the Texas Public Information Act, Chapter 552 of Texas
Local Government Code, at the Elections Department, 2377 N.
Stemmons Frwy, Suite 820, Dallas, Texas, at any time during
normal business hours. The Election Administrator shall ensure
that the records are maintained in an orderly manner, so that
records are clearly identifiable and retrievable per records
storage container.
12.3 Under the law created by HB 1580, 79th Regular Session, 2005
which amended Section 66.058 (Texas Election Code), the DC ED
will retain election records for 60 days. After 60 days DCED
will make arrangements to deliver election records to UP. The
election records will then become the responsibility of UP for
the remainder of the 22 month preservation period. UP will be
responsible for the destruction of election records after the
preservation period.
13. EARLY VOTING
13.1 Nina Wilson, City Secretary, will be appointed as early voting
clerk in compliance with Sections 31.097 of the Texas Election
Code. Bruce R. Sherbet, Elections Administrator, will be
appointed as chief deputy early voting clerk. Other deputy
early voting judges/clerks will be appointed, subject to the
approval of each participating authority, as needed to process
early voting mail and to conduct early voting at the main
location. The recommended deputy early voting judge/clerk for
the main early voting location is listed in Attachment "D".
13.2 Early voting by personal appearance will be conducted on
weekdays beginning Monday, May 1, 2006, and continuing through
Friday, May 5, 2006, between 8:00am and 5:00pm; and Monday,
May 8, 2006, through Tuesday, May 9, 2006, between 7:00am and
7:00pm. Any qualified voter for the Joint Election may vote
early by personal appearance at the following location:
MAIN EARLY VOTING POLLING PLACE
UNIVERSITY PARK CITY HALL
3800 UNIVERSITY BLVD
UNIVERSITY PARK, TEXAS 75205
PAGE 8
13.3 All requests for early voting ballots by mail that are
received by participating authorities will be transported by
runner on the day of receipt to the Dallas County Elections
Department, 8th Floor, 2377 N. Stemmons Frwy, Suite 820, Dallas
for processing. Persons voting by mail will send their voted
ballots to the Dallas County Elections Department.
13.4 All early voting ballots from in person and by mail will be
prepared for counting by an early voting Ballot Board
appointed in accordance wi th Section 87.001 of the Texas
Election Code. Each participating authority will appoint one
member to the board and will notify the Dallas County
Elections Administrator of the person's name and address no
later than April 14, 2006.
14. RUNOFF ELECTION
In the event a runoff is necessary, the agreement will
automatically be extended to cover the runoff, unless a
participating authority states in writing before Monday, May
15, 2006 that it does not wish to participate in a joint
runoff. The Elections Administrator will provide each
participating authority in the joint runoff election with an
estimate of funds to be deposited in a special joint runoff
election account. The funds must be deposited no later than
five (5) days after the runoff estimate figures are received
from the Elections Administrator.
15. CONTRACT WITHDRAWAL
Any participating authority that certifies their election in
accordance with Section 2.051, 2.052 and 2.053 of the Texas
Election Code, may withdraw from the joint election contract.
Any expenditure incurred prior to withdrawal shall be billed
separately and that contracting authority shall be removed
from the contract. An addendum to the contract shall be
provided to the remaining participants no later than five (5)
days after notification of all intents to withdraw have been
received by the Elections Administrator.
PAGE 9
16. NOTICE
Whenever this agreement requires any consent, approval notice,
request or demand, it must be in writing to be effective and
shall be delivered to the party intended to receive it as
shown below:
If to the Elections Administrator:
Bruce R. Sherbet
Dallas County Elections Administrator
Elections Department - First Floor
Records Building - 509 Main Street
Dallas, Texas 75202
(214) 819-6300 (ph)
(214) 819-6301 (fx)
If to the Participants:
Nina Wilson, (UP)
City Secretary
3800 University Blvd.
University Park, Texas 75205
(214) 987-5303
Larry McDaniel, (PCMUD)
General Manager
1811 Regal Row
Dallas, Texas 75235
(214) 652-8639
BRUCE R. HERBET,
DALLAS COUNTY ELECTIONS ADMINISTRATOR
ACCEPTED AND AGREED TO BY THE CITY OF UNIVERSITY PARK:
APPROVED
ACCEPTED AND AGREED TO BY THE PARK CITIES MUNICIPAL UTILITY DISTRICT:
APPROVED:
m~J.
~
Mark W. Connell
Board President
ATTEST:
y McDaniel
eral Manager
PAGE 10
City of University Park- PCMUD
May 13, 2006 Estimated Election Cost Audit
Acct.
Total
Election Total $4,669.29
Election Services Fee $466.93
Total Cost $5,136.22
Amount of Deposit
(Overpaid)/Underpaid
Attachment "A"
1
City of University Park- PCMUD
May 13, 2006 Estimated Election Cost Audit
Acct.
2170 EV Ballots Mailed N/A N/A
2170 Bad/Late Letters Rejected/Incomplete mail
5590 Election Related Correspondence Press Release/Signature Pages
7040 Voting Booths N/A
7040 Touch ScreenNotronics(7p/loc.)
7040 ADA Terminals 1 $300.00 $300.00 $300.00
7040 PEB/Supervisors Terminals 1 $10.00 $10.00 $10.00
7040 Geminis 1 $35.00 $35.00 $35.00
7040 Commmunication Pack $50.00 $50.00
7040 Furniture Rental various EV locations and Ballot Board
7040 Computer Rental (County) N/A N/A
7040 Provisional Ballot Bags 2 $5.00 $10.00 $10.00
7040 Ballot Cans 1 $5.00 $5.00 $5.00
7040 Van Rental\Car Rental
7211 Telephones various EV locations
7010 Custodial Charges $0.00 $0.00
1050 Elections Overtime 1 person @ 12hrs @ $19p/h $228.00 $228.00
1050 Warehouse Overtime 1 people @ 12hrs ea @ $22p/h $264.00 $264.00
1050 Security-Branch Locations
1060 Election Department Temporary
1060 Canvass Committee 1 person @ 5hrs @ $8.05p/h $40.25 $40.25
1060 Judges 1 Judge @ 71 hrs @ 10.41 p/h $739.11 $739.11
1060 Clerks 1 clerk @ 71hrs @ 8.05p/h $571.55 $571.55
1060 Mail Workers/PA Workers 1 clerk@ 9hrs @$11.05 $99.45 $99.45
1060 Warehouse Temporaries
1060 Supervisors/Ballot Board 1 person @ 5hrs @ $10.90p/h $54.50 $54.50
1060 Branch Runners
1112 Medicare x 1.45% $28.95 $28.95
1110 Social Security Chargeback x 6.2% $123.81 $123.81
1110 Fica/RunnerslTechnicians
1150 Retirement Charge Back x8.5% $41.82 $41.82
5590 Temporary Service Bilingual Clerk
2180 Ballot Cards 1,184 0.2500 $296.00 $296.00
2180 Test Ballots N/A N/A
2180 Sample Ballot
2180 Provisional Ballots 50 0.08 $4.00 $4.00
2180 Mail ballot kit $2.00 $0.00 $0.00
2180 Voted Stamps 2 $1.09 $2.18 $2.18
2180 Personal Appearance Application 500 $0.08 $40.00 $40.00
2180 Misc. Judge Kit Supplies 1 $45.00 $45.00 $45.00
2880 Supplies/Office DepotlKinkos Accurate Forms/Preferred Office
Attachment "A"
2
Attachment "A"
3
City of University Park- PCMUD Mav 13, 2006 Estimated Election Cost Audit Ac
7040 Precinct Counter (1 plloc.) 1 $175.00 $175.00 $175.00
7040 Voting Booths (6plloc.) $15.00
7040 ADA Terminals 1 $300.00 $300.00 $300.00
7040 PEB/Supervisors Terminals 1 $10.00 $10.00 $10.00
7040 Furniture Rental Central Count StationNarious Polling Loc.
7040 Geminis 3 $35.00 $105.00 $105.00
7040 Provisional Ballot Bags 1 $5.00 $5.00 $5.00
7050 Truck RentalNan Rental
7213 Phones for Judges
7211 Phones for Warehouse 25 lines
7211 Phone Lines/Bulletin Board 25 telephone lines
1020 Judges 1 $137.00 $137.00
1020 Clerks 1 $98.00 $98.00
1020 Regional Site Support (10 reg.sites) election night & Supply Pickup
1020 Traffic Control officers (10 reg. Sites) election night & Supply Pickup
1050 Security/Central Count
1050 County Employee/CCS/Response Team $152.00 $152.00
1050 Election Department OIT
1050 Sheriffs Deputies
1050 Warehouse OIT 1 person @ 5 hrs @ $22p/h $110.00 $110.00
1060 Election Dept. Temporaries
1112 Medicare x 1.45% $3.80 $3.80
1110 Social Security Chargeback x 6.2% $16.24 $16.24
1150 Retirement Charge Back x8.5% $22.27 $22.27
5590 Temporary Service
1080 Warehouse Mileage
1080 Mileage for Deputies
1080 Mileage for Runners/Gas
5590 ES& S Support/Consulting
5590 ES&S Sound Wave Cards
5590 NTCOG Website
2170 Federal Express Joint Justice Submission
2170 Election Judges Letters(+Alt)
2170 EJ Reply Card/(+Alt)
2170 Poll location letters/Alt judge letters
2170 Polling location Change
2170 Election Paychecks
ct.
Attachment "A"
4
2180 Ballot Cards/Precinct 1,200 0.25000 $296.00 $296.00
2180 Formats 1 $29.50 $29.50 $29.50
2180 Supplies
2180 Test Ballots 150 $0.2500 $37.50 $37.50
2180 Ballot & Seal Certificate 2 $2.95 $5.90 $5.90
2180 ADA Ballot & Seal Certificate 2 $2.95 $5.90 $5.90
2180 Provisional Ballot & Seal Certificate 2 $2.95 $5.90 $5.90
2180 Provisional Ballots 50 $0.08 $4.00 $4.00
2180 Rubber Voting Stamps 4 $1.09 $4.36 $4.36
2180 Statement of Expense
2180 Sample Ballots 4 $2.95 $11.80 $11.80
2180 Misc. Judge Kit Supplies $45.00 $45.00 $45.00
Attachment "A"
5
POLLING LOCATION
ATTACHMENT "B"
UNIVERSITY PARK CITY HALL
3800 UNIVERSITY BLVD
UNIVERSITY PARK, TEXAS 75205
ELECTION JUDGE
ATTACHMENT "C
ELECTION JUDGE:
TREVOR REES-JONES
3615 CENTENARY
UNIVERSITY PARK, TEXAS 75225
ALTERNATE JUDGE:
R.B. MURRAY
4207 UNIVERSITY BLVD
UNIVERSITY PARK, TEXAS 75205
EARLY VOTING JUDGE/CLERK
ATTACHMENT "D"
EARLY VOTING JUDGE:
UNIVERSITY PARK CITY HALL
NINA WILSON
3800 UIVERSITY BLVD.
UNIVERSITY PARK, TEXAS 75205
PHONE: ( 214 ) 9 87 - 53 03
DEPUTY EARLY VOTING JUDGE:
PEGGY WILDMAN
3648 HAYNIE
UNIVERSITY PARK, TEXAS 75205