HomeMy WebLinkAbout01/19/2021 PACKETBEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, JANUARY 19, 2021 1:30 PM
CONSENT AGENDA
Approval of minutes — January 12, 2021
Confirmation of board and commission member appointments
A) Approve an annual maintenance agreement with Environmental Systems Research
Institute, Inc. for software utilized by all city departments
B) Acceptmaintenance of the street, sewer, and water improvements in West Chase Village
Subdivision, Section 10 Phase V right-of-way
n
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: January 19, 2021
REQUESTED ACTION: Council consider a resolution approving an annual maintenance
agreement from Environmental Systems Research Institute, Inc.
for $60,000 that is utilized by all city departments.
BACKGROUND
Esri's (Environmental Systems Research Institute, Inc.) geographic information system suite is
currently in -use throughout the City of Beaumont's numerous departments. The suite allows for
the creation, editing, and distribution of maps, geographic data, and other datasets that are
currently in use by other programs utilized by Public Safety, Water, Code Enforcement, and
numerous other departments.
This purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software.
This agreement in the amount of $60,000 is for an annual period beginning February 21, 2021.
FUNDING SOURCE
General Fund and Water Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an annual
Maintenance Agreement with Environmental Systems Research Institute, Inc., the sole
source having exclusive rights to modify and maintain the software, in the amount of
$60,000.00, for software maintenance for use by various City Departments for the
creation, editing, and distribution of maps, geographic data, and other datasets that are
currently used by other programs.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
January, 2021.
- Mayor Becky Ames -
B
BEAUMONT.
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager.
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology. Services
MEETING DATE: January 19, 2021
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
sewer; and water improvements in: West Chase Village
Subdivision, Section 10 Phase V.
BACKGROUND
On January 8, 2021, a final inspection was completed for the following:
• . Village Court approximately 165 feet extension north of existing Village Court to
include a Cul-de-sac.
Recommended for approval are the street, sewer, and water improvements for West Chase Village
Subdivision, Section 10 Phase V.right-of-way only.
FUNDING SOURCE
Not applicable.
RECOMMENDATION -
Approval of the resolution.
estchase
Village .:
geeflon Ten
VICINITY MAP
NTS'
RESOLUTION NO.
WHEREAS, construction of the street, sewer, and water improvements
constructed in West Chase Village Subdivision, Section 10 Phase V have been completed
as follows:
; and,
Streets
• Village Court approximately 165 feet extension north of existing Village
Court to include a cul-de-sac
Street Maintenance, Sewer, and Water Improvements
• West Chase Village Subdivision, Section 10 Phase V right-of-way only
WHEREAS, the developers of said improvements desire to have these
improvements accepted and maintained by the City; and,
WHEREAS, the director of the Public Works has determined that said
improvements meet City standards and qualify for acceptance for permanent
maintenance, and the City Council is of the opinion that said improvements should be
accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the above -referenced street, water and sanitary sewer improvements in
West Chase Village Subdivision, Section 10 Phase V rights -of -way, with the exception of
streetlights, are hereby accepted by the City of Beaumont and shall be continuously
maintained by the City contingent upon filing of the final plat, complete with filings of
dedication of all rights -of -way and easements required on the preliminary and final plats
and installation of the streetlights.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
January, 2021.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL - 801 MAIN STREET
TUESDAY, JANUARY 19, 2021 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
Presentations and Recognitions
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Section 20.03.003 of the Code of Ordinances that would
change the speed limits on Major Drive (FM 364)
2. Consider .a resolution authorizing the City Manager to award a contract to SETEX
Construction Corp. for the Pine Street Storm Sewer Drainage Repair Project
3. Consider approving an ordinance calling the General Election for May 1, 2021, to
elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward
Councilmembers (one each for. Ward I, II, III and IV); and approving a Runoff
Election if necessary
4. Consider authorizing the City Manager to execute a Joint Election Agreement
between Jefferson County and the City of Beaumont for the General Election
being held jointly with the Port of Beaumont and Beaumont Independent School
District for the May 1, 2021 General Election
COMMENTS
Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager/City Attorney comment on'various matters
Persons with disabilities who plan to. attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
I
January 19, 2021
Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed
limits on Major Drive (FM 3 64)
B.-EAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public. Works & Technology Services
MEETING DATE: January 19, 2021
REQUESTED ACTION: Council -consider amending Section 20.03.003 of the Code of
Ordinances that would change. the speed.limits on Major Drive
(FM 364).
BACKGROUND
The Texas Department of Transportation: (TxDOT) performed a traffic survey on Major Drive (FM
364) from Tram Road to Folsom Road on July 29, 2020. The study indicated.an excessive number
of crashes compared to similar roadways.in Texas. It is anticipated that lowering the speed limit
will reduce the number and severity of crashes.
Administration and:TxDOT propose the speed zone boundaries and speed limit for these sections.
of Major Drive (FM 364) be amended under the schedule Chapter 20 Section 20.03.003 to read as
follows:
Speed In Miles
Street -Limits of Zone Direction of Per Hour
Travel
Max. Min.
Major (a) From the centerline of Tram Road to a North and 50
Drive point 470 feet north of the centerline of South
(FM 364) Manion Drive.
(b) From -a point 470 feet north of the North and 45
centerline of Manion Drive to a point South
74 feet south of the centerline of White
Road.
(c) From a point 74 feet south of the North and 35
centerline of White Road to a point 265 South
feet north of the centerline of Brighton
Street
(d) From a point 265 feet north.of the North and 45
centerline of Brighton Street to a point South
300 feet south of the centerline of
Washington Boulevard.
(e) From a point 300 feet south of the North and 55
centerline of Washington Boulevard to South
a point 58 feet north of the centerline of
IH-10 west entrance and exit ramps.
(f) From a point 58 feet north of the North and 45
centerline of IH-10 west entrance and South
exit ramps to the centerline of S.H. 124
(Fannett Road).
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval for amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances.
(a). From the centerline of Tram Road to a point 470 feet north of
the centerline of Manion Drive.
(b) From a point 470 feet north of the centerline of Manion Drive to a
point 74 feet south of the centerline of White Road.
(c) From a poini 74 feet south of the 'centerline of White Road to a
point 265. feet north of the centerline of Brighton Street.
(a) From the centerline of Tram Road to a point 740 feet
north of the centerline of Willis Lane.
(b) From a point 740 feet north of the centerline of Willis
Lane to the centerline of State Highway [105].
(c) From the centerline of State Highway, 105 to a point
225 feet north of the centerline of Folsom Drive.
B.G.B. 11-16-2D20
(d) From a point 265 feet north of the centerline of Brighton Street to a point 300
feet south of the centerline of Washington Boulevard. .
(e) From a point 300 feet south ofthe.centerline of Washington Boulevard to a
point 58 feet north of the centerline of IH-10 west entrance and exit ramps.
(f) From a point 58 feet north of the centerline of IH-10 west entrance and exit
ramps to the centerline of S.H. 124 (Fannett Road).
(d) From a point.225 feet north of the centerline of Folsom
Drive to a point 158 feet south of the centerline of
Dishman Road.
(e) From a point 158 feet south of the centerline of Dishman
Road to a point 470 feet north of the centerline of Manion
Drive.
(f) From a point 470 feet north of the centerline of Manion
Drive to a point 74 feet south of the centerline of White
Road.
(g) From a point 74 feet south of the centerline of White Road to
a point 265 feet north of the centerline of Brighton Street. .
(h) From a point 265 feet north of the centerline of Brighton
Street to a point 360 feet south of the centerline of
Washington Boulevard.
(i) From a point 300 feet south of the centerline of Washington
Boulevard to a point 58 feet north of the centerline of IH-10
west entrance and exit ramps.
(j) From a point 58 feet north' of the centerline of IH-10 west
entrance and exit ramps to the centerline of S.H. 124
(Fannett Road).
Proposed Speed Limit Reduction on Major Drive (FM 364)
From Tram. Road to Folsom Drive
EXHIBIT 1: Speed Zone Revisions
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Proposed Speed Limit Reduction. on Major Drive (FM 364)
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EXHIBIT 1: Speed Zone Revisions
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EXHIBIT 2: TxDOT Speed Zone Map
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BAB 11-16-2020
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20,
ARTICLE 20.03, SECTION 20.03.003 OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS BY CHANGING
AND AMENDING SPEED LIMITS AND SPEED ZONE
BOUNDARIES TO THE SCHEDULE FOR MAJOR DRIVE
(FM 364); DELETING CHAPTER 20, ARTICLE 20.03,
SECTION 20.03.003(g), (h), (i), AND 0) OF THE SCHEDULE
FOR MAJOR DRIVE (FM 364); PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 20, Article 20.03, Section 20.03.003 (a), (b), (c), (d), (e), and (f) of the Code
of Ordinances of the City of Beaumont, be and the same is hereby amended by changing
and adding speed limits and speed zone boundaries to the Schedule Major Drive (FM
364) to read as follows:
Sneed In Miles
Street Limits of Zone Direction of Per Hour
Travel
Max. Min.
Major (a) From the centerline of Tram Road to a North and 50
Drive point 470 feet north of the centerline of South
(FM 364) Manion Drive.
(b) From a point 470 feet north of the North and 45
centerline of Manion Drive to a point 74 South
feet south of the centerline of White
Road.
(c) From a point 74 feet south of the North and 35
centerline of White Road to -'a point 265 South
feet north of the centerline of Brighton
Street
(d) From a point 265 feet north of the North and 45
centerline of Brighton Street to a point South
300 feet south of the centerline of
Washington Boulevard.
(e) From a point 300 feet south of the North and 55
centerline of Washington Boulevard to South
a point 58 feet north of the centerline of
IH-10 west entrance and exit ramps.
(f) From a point 58 feet north of the North and 45
centerline of IH-10 west entrance and South
exit ramps to the centerline of S.H. 124
(Fannett Road).
Section 2.
That Chapter 20, Article 20.03, Section 20.03.003(g), (h), (i), and Q) of the Code of
Ordinances of the City of Beaumont, be and the same is hereby deleted.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction, be
punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
January, 2021.
- Mayor Becky Ames -
2
January 19, 2021
Consider a resolution authorizing the City Manager to award a contract to SETEX Construction
Corp. for the Pine Street Storm Sewer Drainage Repair Project
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: January 19, 2021
REQUESTED ACTION: Council consider,a resolution authorizing theCityManager to
award a contract to SETEX Construction Corp., of Beaumont.
-BACKGROUND
The Pine Street Storm Sewer Drainage Repair Project consists of the construction and repair of
drainage structures including storm sewer pipes, junction boxes; curb inlets and all excavation
and backfill as required.
On December-3, 2020, three (3) bids were received for furnishing all labor, materials, and
equipment. for the project. The bid totals are indicated in the table below:
Contractor
Location
Base Bid
Amount
Alternate Bid
Amount
SETEX Construction Corp.
Beaumont, TX
$329,743.64
$16,999.92
Norman Highway Constructors
Orange, TX-
$397;397.00
$25,680.00
MK Constructors
Vidor, TX
$478,590.00-
$3500.00
Engineer's Estimate
$336,425:00
$26,550.00
The Public Works Engineering. staff recommends this project be awarded to the lowest bidder,
SETEX Construction Corp., in the amount of $329,743.64 for the base bid, and in the amount of
$16,999.92 for the alternate bid, with the total amount being $346,743.56. A total of 90
calendar days are allocated for completion of the project.
FUNDING SOURCE
Capital Program — Streets & Drainage.
RECOMMENDATION
Approval of the resolution.
BID TABULATION
PINE STREET STORM SEWER DRAINAGE REPAIR PROJECT
BID NUMBER: PW1021-03
BID OPENING DATE: THURSDAY, JANUARY 7, 2021
The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received.
OF
5 • ; 9(P �I
AMAUA VILLARREAL..
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P.E., CITY ENGINEER DATE � 9 � •
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SETEX CONSTRUCTION GROUP
NORMAN HIGHWAY CONSTRUCTORS
MK CONSTRUCTORS
Item No.
Item Code
Description
Estimated
Quantity
Unit
Unit Price
Total
Unit Price
Total
Unit Price
Total
100
6001
PREP ROW
17
STA
$ 112.28
$ 1,908.76
$ 200.00
$ 3,400.00
$ 300.00
$ 5,100.00
104
6001
REMOVING CONC (CURB & GUTTER)
60
LF
$ 33.69
$ 2,021.40
$ 22.00
$ 1,320.00
$ 23.00
$ 1,380.00
104
6015
REMOVING CONC (SIDEWALKS)
144
SY
$ 13.47
$ 1,939.68
$ 25.00
$ 3,600.00
$ 35.00
$ 5,040.00
104
6017
REMOVING CONC (DRIVEWAY)
22
SY
$ 16.84
$ 370.48
$ 24.00
$ 528.00
$ 55.00
$ 1,210.00
105
6001
RMV TRT BASE AND ASPH PVMNT (0"-12")
430
SY
$ 7.86
$ 3,379.80
$ 16.00
$ 6,880.00
$ 12.00
$ 5,160.00
162
6002
BLOCK SODDING
722
SY
$ 10.11
$ 7,299.42
$ 9.00
$ 6,498.00
$ 6.00
$ 4,332.00
164
6001
SEEDING
667
SY
$ 4.49
$ 2,994.83
$ 2.00
$ 1,334.00
$ 4.00
$ 2,668.00
400
6001
CEMENT STABIL BKFL (2.0 SK/CY SAND)
1,040
CY
$ 53.34
$ 55,473.60
$ 92.00
$ 95,680.00
$ 86.00
$ 89,440.00
432
6001
RIPRAP (STONE PROTECTION) (12 IN)
41
CY
$ 140.36
$ 5,754.76
$ 220.00
$ 9,020.00
$ 300.00
$ 12,300.00
465
6001
CURB INLET (COMPL) (PCO OR PCU) (T-0")
4
EA
$ 6,175.65
$ 24,702.60
$ 5,100.00
$ 20,400.00
$ 9,500.00
$ 38,000.00
465
6002
MANHOLE (COMPL) (72" DIA)
1
EA
$ 9,824.89
$ 9,824.89
$ 9,200.00
$ 9,200.00
$ 10,044.00
$ 10,044.00
465
6003
JUNCTION BOX (COMPL) (5'X5') WITHOUT
MH ACCESS
I
EA
$ 6,175.65
$ 6,175.65
$ 5,100.00
$ 5,100.00
$ 9,500.00
$ 9,500.00
496
6023
REMOVE STR (CURB AND GRATE INLET)
3
EA
$ 898.28
$ 2,694.84
$ 900.00
$ 2,700.00
$ 2,600.00
$ 7,800.00
496
6007
REMOVE STR (PIPE) (ALL SIZES) (ALL
MATERIAL
79
LF
$ 28.07
$ 2,217.53
$ 23.00
$ 1,817.00
$ 9.00
$ 711.00
496
6008
REMOVE STR (BOX CULVERT)
395
LF
$ 22.46
$ 8,871.70
$ 46.00
$ 18,170.00
$ 73.00
$ 28,835.00
496
6023
REMOVE STR (JUNCTION BOX WITH
MANHOLEACCESS
I
EA
$ 898.28
$ 898.28
$ 1,700.00
$ 1,700.00
$ 2,500.00
$ 2,500.00
500
6001
MOBILIZATION
I
LS
$ 3,929.96
$ 3,929.96
$ 19,500.00
$ 19,500.00
$ 24,000.00
$ 24,000.00
502
6001
BARRICADES, SIGNS, AND TRAFFIC
HANDLING
3
MON
$ 7,298.49
$ 21,895.47
$ 1,500.00
$ 4,500.00
$ 1,200.00
$ 3,600.00
529
6001
CONC CURB & GUTTER
60
LF
$ 50.53
$ 3,031.80
$ 58.00
$ 3,480.00
$ 70.00
$ 4,200.00
530
6017
DRIVEWAYS (6" CONC) (HES)
22
SY
$ 121.27
$ 2,667.94
$ 170.00
$ 3,740.00
$ 220.00
$ 4,840.00
531
6001
CONC SIDEWALKS (4")
144
SY
$ 67.37
$ 9,701.28
$ 70.00
$ 10,080.00
$ 110.00
$ 15,840.00
752
6015
CLEARING AND GRUBBING (TREE AND
BRUSH REMOVAL
0.2
AC
$ 13,474.14
$ 2,694.83
$ 49,000.00
$ 9,600.00
$ 29,300.00
$ 5,860.00
4122
6010
HP STORM PIPE 24"
1,192
LF
$ 74.67
$ 89,006.64
$ 90.00
$ 107,280.00
$ 115.00
$ 137,080.00
4122
6011
JHP STORM PIPE 36"
455
LF
$ 132.50
$ 60,297.50
$ 114.00
$ 51,870.00
$ 130.00
$ 59,150.00
BASE BID TOTAL
$ 329,743.64
$ 397,397.00
$ 478,590.00
247
6073
FLEX BASE (TY A) (GR 2) (0) (DC) (COMP.
IN PLACE) (ROADWAY BASE COURSE)
SY
$ 15.72
$ 6,759.60
$ 24.00
430
$ 10,320.00
$ 22.00
$ 9,460.00
340
6138
DENSE GRADED HOT MIX ASPHALT (SQ)
TY-D PG 70-22 2" THICK
48
TON
$ 213.34
$ 10,240.32
$ 320.00
$ 15,360.00
$ 550.00
$ 26,400.00
ALTERNATE BID TOTAL
$ 16,999.92 1
$ 25,680.00
$ 35,860.00
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials,
and equipment for the Pine Street Storm Sewer Drainage Repair Project; and,
WHEREAS, SETEX Construction Corp., of Beaumont, Texas, submitted a
complete bid meeting specifications in the amount of $346,743.56; and,
WHEREAS, the City Council is of the opinion that the bid submitted by SETEX
Construction Corp., of Beaumont, Texas, is the lowest responsible bidder providing
services at the best value to the City and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby approves the award of a contract to SETEX
Construction Corp., of Beaumont, Texas, in the amount of $346,743.56, for the Pine
Street Storm Sewer Drainage Repair Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with SETEX Construction Corp., of Beaumont, Texas,
for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
January, 2021.
- Mayor Becky Ames -
k
January 19, 2021
Consider approving an ordinance calling the General Election for May 1, 2021, to elect a Mayor,
two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one each for Ward I, II,
III and IV); and approving a Runoff Election if necessary
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, City Clerk, TRMC J�
MEETING DATE: January 19, 2021
REQUESTED ACTION: Council consider approving an ordinance calling the General
Election for May 1, 2021, to elect . a Mayor, two (2)
Councilmembers-At-Large, and four (4) Ward Councilmembers
(one each for Ward I, II, III and IV); and approving a Runoff
Election if necessary.
BACKGROUND
The City Charter dictates that all elected officials shall be elected on a regular election day
established by the Election Code of the State of Texas. The City of Beaumont is designating the
first Saturday of May to conduct this election and will conduct a joint. election with the Beaumont
Independent School District and the Port of Beaumont. The City of Beaumont will elect a Mayor,
two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one each for Wards I, II,
III and IV). The Port of Beaumont will elect two (2) Port Commissioners, one. each for Ward 1
and Ward 3. The Beaumont Independent School District will elect four (4) Single -Member
Trustees, one each for Districts 1, 2, 3 and 5; and approving a Runoff Election if necessary
FUNDING SOURCE -
Funds are available in the City Clerk's budget
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS,
PROVIDING FOR A GENERAL ELECTION TO BE HELD
ON THE 1ST OF MAY, 2021 FOR THE PURPOSE OF
ELECTING A MAYOR, FOUR (4) WARD
COUNCILMEMBERS (WARDS I, II, III AND IV) AND TWO
(2) COUNCILMEMBERS-AT-LARGE; PROVIDING FOR
PROPOSITIONS REGARDING PROPOSED
AMENDMENTS TO THE CITY CHARTER; PROVIDING
THE FORM OF THE BALLOT AT SUCH ELECTION;
DIRECTING THE GIVING OF NOTICE OF SUCH
ELECTION; PROVIDING FOR A JOINT ELECTION WITH
THE BEAUMONT INDEPENDENT SCHOOL DISTRICT
AND PORT OF BEAUMONT; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT AND
APPROVING A RUNOFF ELECTION IF NECESSARY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1
In accordance with the City Charter, the Constitution, and general laws of the State
of Texas, a general municipal election is hereby called and ordered for the first Saturday
in May, 2021, the same being the 1st day of said month, at which election all qualified
voters residing within the corporate limits of the City of Beaumont may vote for the
purpose of electing a Mayor, Councilmembers to Wards I, II, III and IV and two (2)
Councilmembers-At-Large for full term.
Section 2
No person's name shall be placed upon the official ballot as a candidate for any of
the above -mentioned positions unless such person has filed his or her sworn application,
as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas
Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the
City Clerk, not later than five o'clock (5:00) p.m. on the seventy-eighth (78th) day before
the date of such election. The City Clerk shall note on the face of each such application
the date and time of its filing. A declaration of write-in candidacy must be filed with the
City Clerk as provided by Section 146.054 of the Texas Election Code, not later than five
o'clock (5:00) p.m. of the seventy-fourth (74th) day before Election Day.
Section 3
Said election shall be held jointly with the Beaumont Independent School District
and the Port of Beaumont in accordance with Chapter 271 of the Texas Election Code;
the Jefferson County Clerk will coordinate, supervise, and handle all aspects of
administering said joint election in accordance with the provisions of the Texas Election
Code and as outlined in the terms and conditions of an Election Services Contract
substantially in the form attached hereto to as Exhibit 1.
Section 4
Legally qualified voters residing within the corporate limits of the City of Beaumont
shall be entitled to a vote at said election for the respective candidate(s) and other matters
that may appear on the ballot.
Section 5
The notice and order of said election shall be given by posting and publishing said
notice and order as provided by the Texas Election Code.
Section 6
That an electronic voting system, as described by Title 8 of the Texas Election
Code, shall be used for said election.
Section 7
That the following are hereby appointed officers of said election to serve at the
Central Counting Station, which is hereby established at the Mid -County Office Building,
7963 Viterbro Road, Nederland, Texas; Central Counting Station Manager, Wayne Ozio,
Tabulation Supervisor, Jeff Ross; and Assistant Tabulation Supervisor, Mary Helm.
Section 8
The official ballots, ballot cards, and ballot labels, respectively, for the election shall
be prepared in accordance with Title 5 of the Texas Election Code.
Section 9
That the County Clerk of Jefferson County is hereby appointed Clerk for early
voting and; and pursuant to Sec. 83.084 of the Texas Election Code, the appointment of
Theresa Goodness as Deputy Early Voting Clerk is approved, said appointments being
without additional compensation. Early voting by personal appearance shall be
conducted at the main early voting location, Jefferson County Court House, 1001 Pearl
St., Beaumont, Texas, 77701, with three branch early voting locations at Rogers Park
Recreation Center, 6540 Gladys, Beaumont, TX 77706, Theodore Johns Library, 4255
Fannett Rd., Beaumont, TX 77701 and John Paul Davis Community Center, 3580 E.
Lucas, Beaumont, TX, 77706. Early voting ballot applications and ballots voted by mail
shall be sent to the Jefferson County Clerk's Office, P.O. Box 1151, Beaumont, Texas,
77704-1151. The Jefferson County Clerk shall keep said office open for at least eight (8)
hours between 8:00 a.m. and 5:00 p.m., on each day for early voting or an official State
Holiday beginning on the twelfth (12th) day through the fourth (4th) day preceding the
date of such election; provided, however, except as authorized by Sections 85.005 (a)
and (d), Texas Election Code, said County Clerk shall not permit anyone to vote early by
personal appearance on any day or time not designated herein for early voting and under
no circumstances shall she permit anyone to vote early by personal appearance at any
time when her office is not open to the public for early voting purposes.
Early Voting Dates and Times
Monday
April 19, 2021
Tuesday
April 20, 2021
Wednesday
April 21, 2021
Thursday
April 22, 2021
Friday
April 23, 2021
Saturday
April 24, 2021
Sunday
April 25, 2021
Monday
April 26, 2021
Tuesday
April 27, 2021
Section 10
8:00 a.m. to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
8:00 a.m.'to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
7:00 a.m. to 7:00 p.m.
POLLS WILL BE CLOSED
7:00 a.m. to 7:00 p.m.
7:00 a.m. to 7:00 p.m.
That early votes by personal appearance and by mail shall be counted by an early
voting ballot board consisting of a presiding judge and (5) five clerks, the County Clerk
may authorize as many additional clerks as are deemed necessary. Early votes shall be
canvassed and returned by the Early Voting Ballot Board to the Central Counting Station
by 7:00 p.m. on Election Day.
Section 11
If any person or persons appointed herein do not appear, are unable to perform
their duties, or fail to perform their duties, the County Clerk shall have the discretion and
authority to appoint any substitute personnel to fill the position(s).
Section 12
The order in which the names of the candidates are to be printed on the ballot shall
be determined by a drawing by the City Clerk, as provided by Section 52.094 of the
Texas Election Code. The City Clerk shall post a notice in the office of the City Clerk,
801 Main St., Suite 125, Beaumont, Texas, 77701 at least seventy-two (72) hours
prior to the date on which the drawing is to be held, of the time and place of the
drawing, and shall also give personal notice to any candidate who makes written
request for such notice and furnishes to the City Clerk a self-addressed, stamped
envelope. Each candidate involved in the drawing, or a representative designated by
the candidate, shall have a right to be present and observe the drawing.
Section 13
That if any section, subsection, sentence, clause, or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid or adjudged unconstitutional by a court of competent
jurisdiction, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to
be severable; and the City Council of the City of Beaumont, Texas, declares it would
have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional, or whether there be one or
more parts.
Section 14
That all ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
The meeting at which this ordinance was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
January, 2021.
- Mayor Becky Ames -
ELECTION SERVICES CONTRACT AND LEASE AGREEMENT
BETWEEN JEFFERSON COUNTY CLERK
AND
CITY OF BEAUMONT, PORT OF BEAUMONT, BEAUMONT INDEPENDENT
SCHOOL DISTRICT, PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, PORT
OF PORT ARTHUR and SABINE PASS PORT AUTHORITY
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 Commissioner's Court, joined
herein by the County Election Officer, Carolyn Guidry, County Clerk, and the following
entities:
• City of Beaumont
• Port of Beaumont
• Beaumont Independent School District
• Port Arthur Independent School District
• Port of Port Arthur
• Sabine Pass Port Authority
hereinafter referred to as "Political Subdivision(s)", acting herein by and through its Board.
WHEREAS, Political Subdivision(s) is/are required to conduct an election on May 1, 2021, THIS
CONTRACT is made this day of , 2021, -by and between the
above named Political Subdivision(s) and Jefferson County, Texas, by its County Elections
Officer, Carolyn Guidry, hereinafter called "Contracting Officer," pursuant to Texas Election
Code Section 31.092. The parties agree to enter into an election services contract with each other
in accordance with Chapter 271 of the Texas Election Code and this Agreement. This Agreement
is entered into in consideration of the mutual covenants and promises hereinafter set out:
1. RECITALS. Contracting Officer is the County Clerk of Jefferson County, Texas, and is
the County Officer in charge of election duties. Political Subdivision is a political entity
situated wholly or partially within Jefferson County, Texas. Political Subdivision and
Contracting Officer have determined that it is in the public interest of Jefferson County
voters that the following contract be made and entered into for the purpose of having
Contracting Officer famish to Political Subdivision certain election services and equipment
needed by Political Subdivision in connection with the holding of its May 1, 2021,
Election. Jefferson County's certified Hart InterCivic electronic voting equipment is to
be used in this Political Subdivision Election.
2. DUTIES AND SERVICES OF CONTRACTING OFFICER. Contracting Officer shall
be responsible for performing the following duties and shall furnish the following services
and equipment:
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(a) Notify and coordinate presiding election judges, alternate judges, and all other election officials
required to administer this Election. Jefferson County will make emergency appointments of
election officials if necessary. Compensate all election workers for time worked at the approved
hourly rate by Commissioners' Court.
(b) Arrange for poll worker training through a third party or conduct necessary training. Notify
all early voting and Election Day officials of the date, time and place thereof.
(c) Arrange for the use of early voting locations per the attached Exhibit A — Early Voting
Locations and Election Day polling locations per the attached Exhibit B — Election Day Vote
Centers. If emergency replacement polling locations are needed, Contracting Officer shall make
necessary alternate arrangements to locate another public place (or if unavailable, a private
building), and shall notify Political Subdivision as soon as possible.
(d) Procure election kits and supplies and distribute to the precinct judges and early voting
deputies. Obtain from the Tax -Assessor /Voter Registrar lists of registered voters to be used in
conducting the election in conformity with the boundaries of Political Subdivision and the
election precincts established for the election. The Election Day list of registered voters shall
be arranged in alphabetical order.
(e) Prepare and test all electronic voting equipment, format ballot styles, secure audio, oversee
all equipment and voter registration database programming, assure compliance with equipment
security requirements. Arrange for transport of equipment to and from polling locations.
(f) Serve as Early Voting Clerk for this Political Subdivision Election and process, print, mail,
and tabulate ballots for any eligible voter, who applies for a ballot by mail including all eligible
FPCA applicants. Supervise the conduct of early voting in person and appoint sufficient
personnel to serve as deputy early voting clerks. Provide lists of early voters as provided by law
if requested by Political Subdivision.
(g) Publish legal notice of the date, time and place of the public logic and accuracy test. Prepare
test materials and conduct internal election testing, public logic and accuracy test, and tests of
tabulation equipment.
(h) Arrange for the early ballot board, signature verification committee, tabulation personnel, and
all equipment and supplies needed at central counting station. Tabulate early voting, election
night, paper mail ballots and provisional ballots. Tabulate unofficial returns and assist in
preparing the tabulation for the official canvass. Provide Political Subdivision its voter history
report following the election if requested.
(i) Serve as Custodian of Records for election records in Contracting Officer's custody and
provide for the retention of said election records as provided by law.
0) Provide information services for voters and election officers.
(k) Maintain accurate records of all expenses incurred in connection with the responsibilities
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under this Agreement and provide Political Subdivision a final invoice after the conduct of the
election. Provide any detailed backup to such invoice, if requested, reflecting the charges or
components of the costs set forth on the invoice submitted to Political Subdivision.
(1) The Contracting Office is responsible for collecting the compensations sheets for the election
judges, clerks, and early voting ballot board. The Contracting Officer will also pay the
aforementioned for their services and time in accordance with their rate of pay policy.
(m) Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the
Texas Election Code, unless waived by the Secretary of State. A written report shall be
submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned
Election Code. If requested, Contracting Officer shall provide a written report to Political
Subdivision in a timely manner.
(n) The Contracting Officer shall place the funds paid by Political Subdivision hereunder in a
"contract fund" as prescribed by Section 3 1. 100 of the Texas Election Code.
3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Political Subdivision
shall be responsible for performing the following duties:
(a) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption
and execution by the appropriate Political Subdivision officer or body. Take all actions necessary
for calling the Political Subdivision Election which are required by the Texas Election Code
and/or the Political Subdivision's governing body, charter, ordinances, or other applicable laws.
Execute an Election Services Contract Agreement with Jefferson County Clerk for the purpose
of election administration. Serve as Custodian of Records for all election records in its
possession as provided by law.
(b) Political Subdivision shall be responsible for the legal sufficiency of any order calling their
election. Political Subdivision shall be responsible for all substantive and procedural legal
issues governing the conduct of their election. Political Subdivision understands'and agrees that
Contracting Officer provides no legal advice to Political Subdivision.
(c) Adopt the county voting precincts for this election. Political Subdivision shall adopt the
early voting locations used by the county located in the Political Subdivision's jurisdictional
boundaries with the stipulation to add additional locations and adopt all early voting dates, and
hours recommended by the Contracting Officer in accordance with the Texas Election Code as
listed on Exhibit A — Early Voting Locations. Political Subdivision shall adopt the Election
Day Vote Center polling locations on the attached Exhibit B — Election Day Vote Centers for
each county voting precinct that is within its jurisdictional boundaries. Political Subdivision
shall confirm the accuracy of its jurisdictional boundaries and precincts.
(d) Prepare, post and publish all required election notices for Political Subdivision except for the
Public Test Notice that Contracting Officer shall publish. In addition, if this election's polling
locations are different than Political Subdivision's previous election, Political Subdivision shall
post notice at the entrance to any previous polling places in its jurisdiction stating that the location
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has changed and provide the polling location and address for those voters for this election,
pursuant to Texas Election Code Section 43.062, unless County has posted the change for their
election. Educate the voters in Political Subdivision on early voting times and places and
Election Day polling locations.
(e) Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries, county
voting precincts and street details within those boundaries. Political Subdivision will validate
all boundaries are defined properly within Jefferson County voter registration database, maps
and street lists with block ranges and odd/even/both indicators before the coding and
programming of the ballot begins. If changes are necessary after programming has begun, the
Political Subdivision responsible will incur the cost of re -programming for all entities involved.
Political Subdivision must proof and approve all programming work done for the jurisdiction
according to the attached Exhibit C- CALENDAR
(f) Deliver to Contracting Officer, according to the attached Exhibit C - CALENDAR, ballot
language with Spanish translations, candidate names or measures, the order in which they are to
be printed on the ballot with the exact form and spelling. Provide pronunciation for difficult
names or words to use on the audio recording. Timely review and sign off on ballot proofs.
(g) Any requests for early voting ballots to be voted by mail received by Political Subdivision
must be hand delivered or faxed to Contracting Officer on the day of receipt. If the application
is faxed, the original application must be mailed to Contracting Officer. Contracting Officer
will process applications, mail appropriate ballots, and tabulate.
(h) If requested, assist Contracting Officer in recruiting bilingual poll workers. Provide
documentation on Political Subdivision's efforts to recruit bilingual poll workers if requested by
the U. S. Department of Justice.
(i) Pay prorated additional costs incurred by Contracting Officer if a recount for said election is
required, the election is contested in any manner, or a runoff is required.
0) Canvass the returns and declare the election results for Political Subdivision. Political
Subdivision is responsible for filing any precinct reports required by the Secretary of State.
(k) The deposit will be waived for this Election Agreement for all Political Subdivisions. All
costs will be assessed according to attached schedule on Exhibit D — Contract Costs and a
detailed billed will be rendered within 30 days after the canvassing of the election or the receipt
of all invoices needed to validate the billing. Any discrepancies in billing should be addressed
immediately.
(1) Political Subdivision agrees to enter into a Joint Election Agreement with any other political
subdivision in Jefferson County which enters into an Election Services Contract with Contracting
Officer and which holds an election on MAY 1, 2021.
4. COST OF SERVICES. Political Subdivision shall share some expenses for the above
services, supplies and equipment. Only the actual expenses directly attributable to this
Agreement and any prorated shared expenses may be charged to Political Subdivision,
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plus a 10% administrative fee.
5. GENERAL CONDITIONS.
(a) The parties agree that the timing is critical on all duties in this Agreement. Lack of adherence
to any deadline in the CALENDAR without prior agreement of Contracting Officer -may result
in cancellation of Contracting Officer's duties and obligations to conduct Political Subdivision's
election under this Agreement or, at the discretion of Contracting Officer, a late penalty surcharge
in an amount not to exceed 10% of the final election cost. Adherence to the CALENDAR is
critical because of Jefferson County's obligation to complete all programming and testing and to
process, print and mail military and overseas ballots by state/federal deadlines and our duty to
conduct federal, state, county elections and/or other contracted elections.
(b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is
authorized to contract with third persons for election services and supplies and is authorized to
hire necessary temporary personnel to perform contracted duties. Part-time personnel will be
compensated at the hourly rate set by Jefferson County.
(c) Political Subdivision acknowledges that electronic voting equipment is highly technical and
it is conceivable that, despite the best effort of the parties and technical assistance, it might fail
during the election. Contracting Officer will do whatever is possible to remedy the situation, but
Political Subdivision agrees that should such equipment fail, it will not make any claim for
damages of any kind.
(d) Any qualified voter in the Joint Election may vote early by personal appearance at any of the
joint early voting locations or at any Vote Center/Polling Location on Election Day.
(e) Jefferson County Elections Department may contract with numerous political entities for the
Joint Election, and the parties agree that all ballot styles will be programmed into one electronic
voting system. Each voter will receive one ballot which contains all races and issues in the Joint
Election for which the voter is eligible at the address and in the precinct in which the voter is
currently registered. One joint voter sign in process consisting of a common list of registered
voters and common signature rosters shall be used in precincts in which the county polling
locations are used.
(f) The Contracting Officer shall file copies of this Agreement with the Auditor and Treasurer of
th
Jefferson County not later than the 10 day from receipt of the fully executed contract by
Contracting Officer.
(g) Jefferson County is self -insured for personal liability issues. Should Political Subdivision
desire insurance for injuries during this election or other liabilities, entity shall make such
arrangements separate from this Agreement.
(h) In the event that the performance by Contracting Officer of any of its obligations hereunder
shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether
such occurrence be an act of God or the result of war, riot, civil commotion, sovereign conduct,
Election Services Contract
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or the act or condition of any persons not a party thereof, then it shall be excused from such
performance for such period of time as is reasonably necessary after such occurrence to remedy
the effects thereof.
(i) The parties to this Agreement agree that Political Subdivision may cancel this Agreement in
the event that it has no need to conduct an election by 60th day before Election Day. If Political
Subdivision's election is cancelled after deadline, a $200 contract preparation and processing fee
will be due in addition to any costs incurred by Contracting Officer on behalf of Political
Subdivision prior to said cancellation.
0) The Political Subdivision has the option of extending the terms of this Agreement through its
runoff election, if applicable. Political Subdivision may reduce the number of the adopted early
voting locations and/or Election Day voting locations in which precincts are not involved in a
runoff election. In the event of a runoff which Political Subdivision wants Contracting Officer
to conduct, Political Subdivision agrees to attempt to coordinate the date with other entities
participating in this Joint Election. If Political Subdivision elects to have Contracting Officer
conduct a runoff election, the cost will be determined by the number of entities participating and
the actual costs plus administrative fees. Political Subdivision will be responsible for all orders,
notices, and publications required for their runoff except the publication of the public logic and
accuracy test which Contracting Officer will publish.
6. DISPUTE RESOLUTION PROCEDURE
The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve all disputes arising under this Agreement. Either party
must give written notice to the other party of a claim for breach of this Agreement not later than
the 180th day after the date of the event, giving rise to the claim. By their execution of their
Agreement, the parties acknowledge and knowingly and voluntarily agree that neither the
execution of this Agreement; nor the conduct, act or inaction by any person in the execution,
administration, or performance of this Agreement constitutes or is intended to constitute a waiver
of the party's immunity from suit with respect to claims of third parties.
7. ENTIRE AGREEMENT/AMENDMENT
This Agreement constitutes the entire . agreement between and Contracting Officer. This
Agreement may be amended only in writing and signed by the parties.
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8. NOTICES
Except as otherwise provided in this section, all notices, consents, approvals, demands, request,
or other communications provided for or permitted to be given under any of the provisions of
this Agreement shall be in writing and shall be deemed to have duly given or served when
delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail,
return receipt requested, postage prepaid, and addressed as set forth below or to such other person
or address as may be given in writing by either party to the other in accordance with this section:
JEFFERSON COUNTY: Carolyn L. Guidry, County Clerk
P. O. Box 1151
Beaumont, TX 77704
CITY OF BEAUMONT: Kyle Hayes, City Manager
801 Main St.
Beaumont, TX 77701
PORT OF BEAUMONT: Chris Fisher, Director/CEO
P.O. Box 2297
Beaumont, TX 77704
BEAUMONT ISD: Dr. Shannon Allen, Superintendent
3395 Harrison
Beaumont, TX 77706
PORT ARTHUR ISD: Dr. Mark Porterie, Superintendent
4801 Ninth Ave.
Port Arthur, TX 77642
PORT OF PORT ARTHUR: Larry Kelley, Director/CEO
221 Houston Ave.
Port Arthur, TX 77640
SABINE PASS
PORT AUTHORITY: Deborah Jennings, Office Manager
P.O. Box 318
Sabine Pass, TX 77655
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IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
PORT OF BEAUMONT
By:
Name: Chris Fisher
Title: Port Director/CEO
Attest: (seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By: _
Name:
Title:
Attest:
Dr. Shannon Allen
Superintendent
(seal)
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Page 8 of 17
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
By:
Name: Dr. Mark Porterie
Title: Superintendent
Attest: (seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
PORT OF PORT ARTHUR
By:
Name: Larry Kelley
Title: Port Director/CEO
Attest:
(seal) .
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
SABINE PASS PORT AUTHORITY
By:
Name: Deborah Jennings
Title: Office Manager
Attest: (seal)
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IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
JEFFERSON COUNTY, TEXAS
By:
Name: Jeff Branick
Title: County Judge
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
By:
Name: Carolyn L. Guidry
Title: County Clerk
Attest:
(seal)
'Election Services Contract
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Page 10 of 17
EXHIBIT A
EARLY VOTING LOCATIONS
Beaumont Courthouse -Main location
ort Arthur Sub -Courthouse
Park Recreation Center
Port Arthur Public Library
Theodore Johns Library
ohn Paul Davis Community Center
1001 Pearl St., Beaumont, Texas
525 Lakeshore Dr., Port Arthur, Texas
6540 Gladys, Beaumont, Texas
4615 Ninth Ave, Port Arthur, Texas
4255 Fannett Rd., Beaumont, Texas
3580 E Lucas, Beaumont, Texas
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EXHIBIT B - ELECTION DAY VOTE CENTERS
Comm Pct"MPoling�
oc tion r_1`
.Location"Aildress
Loa n Ci y &Zi Cotle
1-4
Amelia Elementary School
565 S. Major Dr
Beaumont, TX 77707
1--2
Beaumont Municipal Airport
455 Keith Rd.
Beaumont, TX 77713
1--4
BISD Administration Building
3395 Harrison Ave.
Beaumont, TX 77706
1--5
New Light Church
3780 Crow Rd.
Beaumont, TX 77706
1--6
Dishman Elementary
3475 Champions Dr.
Beaumont, TX 77707
1--7
O.C. Mike Taylor Career Center
2330 North St.
Beaumont, TX 77702
1--9
Rogers Park Community Center
6540 Gladys Ave.
Beaumont, TX 77706
1-40
Roy Guess Elementary
8055 Voth Rd.
Beaumont, TX 77708
3--1
DeQueen Elementary
740 DeQueen Blvd.
Port Arthur, TX 77640
3--2
Zion Hill Baptist Church
5848 Roosevelt Ave.
Port Arthur, TX 77640
3--3
Jefferson County Sub -Courthouse
525 Lakeshore Dr.
Port Arthur, TX 77640
3--4
Port Acres Elementary
6301 Pat Ave.
Port Arthur, TX 77640
3--5
0 W COLLINS RETIREMENT CTR
4440 GULFWAY DR.
Port Arthur, TX 77642
3--6
Port Arthur Public Library
4615 9th Ave.
Port Arthur, TX 77642
3--7
Queen of Vietnam Catholic Church
801 - 9th Ave.
Port Arthur, TX 77642
3--8
R.L. Gabby Eldridge Center
5262 S. Gulfway Dr
Sabine Pass, TX 77655
3--9
Travis Elementary
1115 Lakeview Ave.
Port Arthur, TX 77642
3--10
Willie Ryman III Community Center
3248 39th St.
Port Arthur, TX 77642
4--1
Alice Keith Park Recreation Center
4075 Highland Ave.
Beaumont, TX 77705
4--2
Charlton -Pollard Elementary
825 Jackson St.
Beaumont, TX 77701
4--5
Jefferson County Courthouse
1001 Pearl St.
Beaumont, TX 77701
4--6
MLK Middle School
1400 Avenue A
Beaumont, TX 77701
4--7
John Paul Davis Community Center
3580 E. Lucas Dr.
Beaumont, TX 77703
4--9
Sterling Pruitt Center
2930 Gulf St.
Beaumont, TX 77703
4-40
Theodore Johns Library
4255 Fannett Rd.
Beaumont, TX 77705
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EXHIBIT C
CALENDAR
The Political Subdivision agrees that timing is critical, and lack of adherence to this CALENDAR
without prior agreement of Contracting Officer may result in additional charges or cancellation
of Contracting Officer's duties and obligations to conduct Political Subdivision's election under
this Contract.
School Districts must adhere to all deadlines, even if on Spring Break.
Please refer to the Texas Secretary of State's website for a complete calendar of events including
citations to the Texas Election Code and for information specific to entity type. Confer with
your attorney on any statutes that govern your entity. Please comply with all orders, postings
and notices as required for your Political Subdivision. Contracting Officer will provide the
publication of one Notice of Public Test in English and Spanish.
FEBRUARY 1.2021
Prior to February 1, 2021, each Political Subdivision is responsible for validating with the Voter
Registrar that the boundaries for their voting precincts are correct and supplying the Contracting
Officer with a map of such boundaries.
681 day before Election Day
Recommended date to conduct ballot position drawing.
Notice of ballot position drawing must be posted for 72 hours immediately preceding time of
drawing.
**Please schedule ballot drawing as soon as possible and email the BALLOT FORMAT AND
ORDER OF CANDIDATES ON BALLOT to Contracting Officer at
countyclerk(a,co.iefferson.tx.us. * *
60th day before Election Day
Last day for the governing body of a political subdivision to deliver notice of the election to the
county clerk/elections administrator and voter registrar of each county in which the political
subdivision is wholly or partly located. (Sec. 4.008).
Deadline to notify Contracting Officer via email of the following items:
• whether or not Political Subdivision has a contested election.
• candidate names, including write-in candidates.
• any candidate withdrawals or election cancellation.
• order of candidates on ballot. (We prefer to receive it sooner if it is available.)
• Spanish translations of all ballot titles, contests, and ballot language.
• phonetic pronunciations of all candidate names which will be used for the ballot audio
recording.
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60th day before Election Day - Continued
Deadline to cancel election and incur no fees under the Election Services Agreement.
Deadline to receive executed Election Services Agreement by mail, personal delivery, or email.
Deadline to receive copy of Order of Election.
Contracting Officer contact information:
Email: couniyclerk@co.jefferson.tx.us
Mail: P. O. Box 1151, Beaumont, TX 77704-1151
Hand Delivery: 1085 Pearl Street, First Floor, Beaumont, Texas 77701
If additional time is needed because of meeting schedules, please notify us.
"Deadlines for ballot proofing and ballot approval will be emailed with ballot proofs. The
parties must adhere to deadlines of 24 hour turnaround time, even if they occur during
Spring Break, in order for our office to meet the State and Federal deadlines to mail
military and overseas ballots."
45th day before Election Day
Deadline to mail ballots to military or overseas voters who submitted their ballot request via a
federal postcard application (FPCA) or via a standard application for ballot by mail and indicated
that they are outside the United States. Ballots must be mailed by this date or the 7th day after
the clerk receives the application. If the early voting clerk cannot meet this 45th-day deadline,
the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)).
30th day before Election Day
Last day to register to vote or make a change of address effective for the May 1, 2021, election.
(Secs. 13.143, 15.025).
First day of period during which notice of election must be published if the method of giving
notice is not specified by a law outside the Election Code, and publication is the selected method
of giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by an authority of a city or
school district, must be given by publication in a newspaper in addition to any other method
specified. (Secs. 4.003(c) and (d)).
19th day before Election Day
Last day to post notice of election on bulletin board used for posting notices of meetings of
governing body. (Sec. 4.003(b)). A Record of Posting Notice of Election (PDF) should be
completed at the time of posting. (Sec. 4.005).
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12th day before Election Day
First day to vote early in person. (Sec. 85.001(a)).
NOTE - Political Subdivisions Other than Cities and Counties: Early voting in person must
be conducted at least eight (8) hours each weekday that is not a legal state holiday unless the
political subdivision has fewer than 1,000 registered voters, in which case early voting in person
must be conducted at least three (3) hours per day. (Sec. 85.005(b)).
NOTE — Cities and counties: Early voting in person must be conducted on the weekdays of the
early voting period and during the hours that the county clerk's or city secretary's main business
office is regularly open for business. (Sec. 85.005(a)). However, because cities and counties must
have office hours for election -related business at least three (3) hours every business day for this
type of election, we harmonize these requirements with the result that, if a city or county is not
regularly open for business on one or more weekdays, on those "closed" days, a city or county
must conduct early voting for at least three (3) hours a day at the main early voting location
(except for a city's two 12-hour days, when it must be open for the full 12 hours).
NOTE - Cities: Cities must choose two (2) weekdays for the main early voting polling place
location to be open for 12 hours during the regular early voting period. City council must choose
the two weekdays. (Sec. 85.005(d)).
NOTE - Independent School Districts: Despite the change in state law that allows an ISD to
be closed on school holidays during the mandatory office hours period, you are required to be
open during the entire early voting period, except on legal state and national holidays.
NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly,
we recommend a unified schedule covering all requirements; i.e., no entity's requirements should
be neglected or subtracted as a result of a joint agreement.
loth day before Election Day
Last day of period during which notice of election must be published if method of giving notice
is not specified by a law outside the Election Code and publication is the selected method of
giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by a commissioners court or by
an authority of a city or school district, must be given by publication in a newspaper in addition
to any other method specified. (Secs. 4.003(c) and (d)).
Last day to mail a copy of the notice of election to each registered voter in the county if method
of giving notice is not specified by a law outside the Election Code and this method of giving
notice is selected. (Secs. 1.006, 4.003(a)(3)).
Cities and Counties — Weekend Early Voting Hours - Notice Requirement: Last day to post notice
on bulletin board used for posting notice of city council or commissioners court, if early voting
will be conducted on Saturday (Sec. 85.007). Notice must be posted at least 72 hours before early
voting begins on a Saturday or Sunday. Notice must also be posted to the political subdivision's
website, if one is maintained.
NOTE - NEW LAW: Section 85.007, as amended by House Bill 2721 (2015), requires that the
election notice, which includes the days and hours of early voting be posted on the political
subdivision's website, if the political subdivision maintains a website.
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4th day before Election Day
Last day to vote early by personal appearance. (Sec. 85.001(a)).
Election Day
NOTE - NEW LAW — House Bill 2354 (2015) changed the date of the May uniform election
from the second Saturday in May to the first Saturday in May.
30 days from date of final invoice
Pay balance due for election services. Please make checks payable to:
Jefferson County Treasurer
P O Box 1151,
Beaumont, Texas 77704-1151
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W"4V
CONTRACT COSTS
Voting. Equipment
Judge's Booth Controller $330.00
eSlate $330.00
Disable Access Unit (DAU) $396.00
Privacy Booth $20.00
Ballot Box $5.00
Communication Devices
EA Tablet + WIFI $119.50
Cell Phone $30.00
Mandatory Signs
Large A -Frame (ID Required) $10.00
Large A -Frame (Notices ) $10.00
PROGRAMMING
COUNTY COST
1- 5 RACES
$1,125.00
6 - 10 RACES
$1,898.00
11-20 RACES
$2,475.00
21-40 RACES
$3,135.00
41-75 RACES
$3,960.00
76-100 RACES
$4,704.00
BALLOT PRINTING
COUNTY COST
8.5 X 11
$0.23
8.5 X 14
$0.25
8.5 X 17
$0.28
Sample Ballots
$0.06
SUPPLIES
ELECTION KITS / w Seals EV & ED
$40.00
Mail Ballots (Per Set)
$0.75
Supply Bag Consumables (per location)
$20.00
REVISED 07/19/16
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0
January 19, 2021
Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson
County and the City of Beaumont for the General Election being held jointly with the Port of
Beaumont and Beaumont Independent School District for the May 1, 2021 General Election
REAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, City Clerk, TRMC
MEETING DATE: January 19, 2021
REQUESTED ACTION: Council to consider authorizing the City Manager to execute a Joint
Election Agreement between_ Jefferson County and the, City of
Beaumont for the General Election being held jointly with the Port
of Beaumont and Beaumont Independent School District for the
May 1 2021 General Election.
BACKGROUND
This joint Election Agreement is a requirement of Jefferson County for the. County Clerk to
coordinate and handle all services of equipment for the Joint Election in accordance with the
provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson
County for equipment, supplies, services and administrative costs. The City Clerk will serve as
administrator for the election; however, each participating authority remains responsible for the
lawful conduct of their respective elections.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a joint Election
Services Agreement between Jefferson County and the City of Beaumont for the City of
Beaumont General Election being held jointly with the Port of Beaumont and Beaumont
Independent School District. The Agreement is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
January, 2021.
- Mayor Becky Ames -
ELECTION SERVICES CONTRACT AND LEASE AGREEMENT
BETWEEN JEFFERSON COUNTY CLERK
AND
CITY OF BEAUMONT, PORT OF BEAUMONT, BEAUMONT INDEPENDENT
SCHOOL DISTRICT, PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, PORT
OF PORT ARTHUR and SABINE PASS PORT AUTHORITY
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 Commissioner's Court, joined
herein by the County Election Officer, Carolyn Guidry, County Clerk, and the following
entities:
• City of Beaumont
• Port of Beaumont
• Beaumont Independent School District
• Port Arthur Independent School District
• Port of Port Arthur
• Sabine Pass Port Authority
hereinafter referred to as "Political Subdivision(s)", acting herein by and through its Board.
WHEREAS, Political Subdivision(s) is/are required to conduct an election on May 1, 2021, THIS
CONTRACT is made this day of , 2021, by and between the
above named Political Subdivision(s) and Jefferson County, Texas, by its County Elections
Officer, Carolyn Guidry, hereinafter called "Contracting Officer," pursuant to Texas Election
Code Section 31.092. The parties agree to enter into an election services contract with each other
in accordance with Chapter 271 of the Texas Election Code and this Agreement. This Agreement
is entered into in consideration of the mutual covenants and promises hereinafter set out:
RECITALS. Contracting Officer is the County Clerk of Jefferson County, Texas, and is
the County Officer in charge of election duties. Political Subdivision is a political entity
situated wholly or partially within Jefferson County, Texas. Political Subdivision and
Contracting Officer have determined that it is in the public interest of Jefferson County
voters that the following contract be made and entered into for the purpose of having
Contracting Officer furnish to Political Subdivision certain election services and equipment
needed by Political Subdivision in connection with the holding of its May 1, 2021,
Election. Jefferson County's certified Hart InterCivic electronic voting equipment is to
be used in this Political Subdivision Election.
2. DUTIES AND SERVICES OF CONTRACTING OFFICER. Contracting Officer shall
be responsible for performing the following duties and shall furnish the following services
and equipment:
Election Services Contract
Last Updated: 1/12/2021 EXHIBIT "A" Page 1 of 17
(a) Notify and coordinate presiding election judges, alternate judges, and all other election officials
required to administer this Election. Jefferson County will make emergency appointments of
election officials if necessary. Compensate all election workers for time worked at the approved
hourly rate by Commissioners' Court.
(b) Arrange for poll worker training through a third parry or conduct necessary training. Notify
all early voting and Election Day officials of the date, time and place thereof.
(c) Arrange for the use of early voting locations per the attached Exhibit A — Early Voting
Locations and Election Day polling locations per the attached Exhibit B — Election Day Vote
Centers. If emergency replacement polling locations are needed, Contracting Officer shall make
necessary alternate arrangements to locate another public place (or if unavailable, a private
building), and shall notify Political Subdivision as soon as possible.
(d) Procure election kits and supplies and distribute to the precinct judges and early voting
deputies. Obtain from the Tax -Assessor /Voter Registrar lists of registered voters to be used in
conducting the election in conformity with the boundaries of Political Subdivision and the
election precincts established for the election. The Election Day list of registered voters shall
be arranged in alphabetical order.
(e) Prepare and test all electronic voting equipment, format ballot styles, secure audio, oversee
all equipment and voter registration database programming, assure compliance with equipment
security requirements. Arrange for transport of equipment to and from polling locations.
(f) Serve as Early Voting Clerk for this Political Subdivision Election and process, print, mail,
and tabulate ballots for any eligible voter, who applies for a ballot by mail including all eligible
FPCA applicants. Supervise the conduct of early voting in person and appoint sufficient
personnel to serve as deputy early voting clerks. Provide lists of early voters as provided by law
if requested by Political Subdivision.
(g) Publish legal notice of the date, time and place of the public logic and accuracy test. Prepare
test materials and conduct internal election testing, public logic and accuracy test, and tests of
tabulation equipment.
(h) Arrange for the early ballot board, signature verification committee, tabulation personnel, and
all equipment and supplies needed at central counting station. Tabulate early voting, election
night, paper mail ballots and provisional ballots. Tabulate unofficial returns and assist in
preparing the tabulation for the official canvass. Provide Political Subdivision its voter history
report following the election if requested.
(i) Serve as Custodian of Records for election records in Contracting Officer's custody and
provide for the retention of said election records as provided by law.
0) Provide information services for voters and election officers.
(k) Maintain accurate records of all expenses incurred in connection with the responsibilities
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under this Agreement and provide Political Subdivision a final invoice after the conduct of the
election. Provide any detailed backup to such invoice, if requested, reflecting the charges or
components of the costs set forth on the invoice submitted to Political Subdivision.
(1) The Contracting Office is responsible for collecting the compensations sheets for the election
judges, clerks, and early voting ballot board. The Contracting Officer will also pay the
aforementioned for their services and time in accordance with their rate of pay policy.
(m) Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the
Texas Election Code, unless waived by the Secretary of State. A written report shall be
submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned
Election Code. If requested, Contracting Officer shall provide a written report to Political
Subdivision in a timely manner.
(n) The Contracting Officer shall place the funds paid by Political Subdivision hereunder in a
"contract fund" as prescribed by Section 3 1. 100 of the Texas Election Code.
3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Political Subdivision
shall be responsible for performing the following duties:
(a) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption
and execution by the appropriate Political Subdivision officer or body. Take all actions necessary
for calling the Political Subdivision Election which are required by the Texas Election Code
and/or the Political Subdivision's governing body, charter, ordinances, or other applicable laws.
Execute an Election Services Contract Agreement with Jefferson County Clerk for the purpose
of election administration. Serve as Custodian of Records for all election records in its
possession as provided by law.
(b) Political Subdivision shall be responsible for the legal sufficiency of any order calling their
election. Political . Subdivision shall be responsible for all substantive and procedural legal
issues governing the conduct of their election. Political Subdivision understands and agrees that
Contracting Officer provides no legal advice to Political Subdivision.
(c) Adopt the county voting precincts for this election. Political Subdivision shall adopt the
early voting locations used by the county located in the Political Subdivision's jurisdictional
boundaries with the stipulation to add additional locations and adopt all early voting dates, and
hours recommended by the Contracting Officer in accordance with the Texas Election Code as
listed on Exhibit A — Early Voting Locations. Political Subdivision shall adopt the Election
Day Vote Center polling locations on the attached Exhibit B — Election Day Vote Centers for
each county voting precinct that is within its jurisdictional boundaries. Political Subdivision
.shall confirm the accuracy of its jurisdictional boundaries and precincts.
(d) Prepare, post and publish all required election notices for Political Subdivision except for the
Public Test Notice that Contracting Officer shall publish. In addition, if this election's polling
locations are different than Political Subdivision's previous election, Political Subdivision shall
post notice at the entrance to any previous polling places in its jurisdiction stating that the location
Election Services Contract
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has changed and provide the polling location and address for those voters for this election,
pursuant to Texas Election Code Section 43.062, unless County has posted the change for their
election. Educate the voters in Political Subdivision on early voting times and places and
Election Day polling locations.
(e) Political Subdivision shall confirm with Tax-AssessorNoter Registrar its boundaries, county
voting precincts and street details within those boundaries. Political Subdivision will validate
all boundaries are defined properly within Jefferson County voter registration database, maps
and street lists with block ranges and odd/even/both indicators before the coding and
programming of the ballot begins. If changes are necessary after programming has begun, the
Political Subdivision responsible will incur the cost of re -programming for all entities involved.
Political Subdivision must proof and approve all programming work done for the jurisdiction
according to the attached Exhibit C- CALENDAR
(f) Deliver to Contracting Officer, according to the attached Exhibit C - CALENDAR, ballot
language with Spanish translations, candidate names or measures, the order in which they are to
be printed on the ballot with the exact form and spelling. Provide pronunciation for difficult
names or words to use on the audio recording. Timely review and sign off on ballot proofs.
(g) Any requests for early voting ballots to be voted by mail received by Political Subdivision
must be hand delivered or faxed to Contracting Officer on the day of receipt. If the application
is faxed, the original application must be mailed to Contracting Officer. Contracting Officer
will process applications, mail appropriate ballots, and tabulate.
(h) If requested, assist Contracting Officer in recruiting bilingual poll workers. Provide
documentation on Political Subdivision's efforts to recruit bilingual poll workers if requested by
the U. S. Department of Justice.
(i) Pay prorated additional costs incurred by Contracting Officer if a recount for said election is
required, the election is contested in any manner, or a runoff is required.
0) Canvass the returns and declare the election results for Political Subdivision. Political
Subdivision is responsible for filing any precinct reports required by the Secretary of State.
(k) The deposit will be waived for this Election Agreement for all Political Subdivisions. All
costs will be assessed according to attached schedule on Exhibit D — Contract Costs and a
detailed billed will be rendered within 30 days after the canvassing of the election or the receipt
of all invoices needed to validate the billing. Any discrepancies in billing should be addressed
immediately.
(1) Political Subdivision agrees to enter into a Joint Election Agreement with any other political
subdivision in Jefferson County which enters into an Election Services Contract with Contracting
Officer and which holds an election on MAY 1, 2021.
4. COST OF SERVICES. Political Subdivision shall share some expenses for the above
services, supplies and equipment. Only the actual expenses directly attributable to this
Agreement and any prorated shared expenses may be charged to Political Subdivision,
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plus a 10% administrative fee.
5. GENERAL CONDITIONS.
(a) The parties agree that the timing is critical on all duties. in this Agreement. Lack of adherence
to any deadline in the CALENDAR without prior agreement of Contracting Officer may result
in cancellation of Contracting Officer's duties and obligations to conduct Political Subdivision's
election under this Agreement or, at the discretion of Contracting Officer, a late penalty surcharge
in an amount not to exceed 10% of the final election cost. Adherence to the CALENDAR is
critical because of Jefferson County's obligation to complete all programming and testing and to
process, print and mail military and overseas ballots by state/federal deadlines and our duty to
conduct federal, state, county elections and/or other contracted elections.
(b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is
authorized to contract with third persons for election services and supplies and is authorized to
hire necessary temporary personnel to perform contracted duties. Part-time personnel will be
compensated at the hourly rate set by Jefferson County.
(c) Political Subdivision acknowledges that electronic voting equipment is highly technical and
it is conceivable that, despite the best effort of the parties and technical assistance, it might fail
during the election. Contracting Officer will do whatever is possible to remedy the situation, but
Political Subdivision agrees that should such equipment fail, it will not make any claim for
damages of any kind.
(d) Any qualified voter in the Joint Election may vote early by personal appearance at any of the
joint early voting locations or at any Vote Center/Polling Location on Election Day.
(e) Jefferson County Elections Department may contract with numerous political entities for the
Joint Election, and the parties agree that all ballot styles will be programmed into one electronic
voting system. Each voter will receive one ballot which contains all races and issues in the Joint
Election for which the voter is eligible at the address and in the precinct in which the voter is
currently registered. One joint voter sign in process consisting of a common list of registered
voters and common signature rosters shall be used in precincts in which the county polling
locations are used.
(f) The Contracting Officer shall file copies of this Agreement with the Auditor and Treasurer of
Jefferson County not later than the 10 thday from receipt of the fully executed contract by
Contracting Officer.
(g) Jefferson County is self -insured for personal liability issues. Should Political Subdivision
desire insurance for injuries during this election or other liabilities, entity shall make such
arrangements separate from this Agreement.
(h) In the event that the performance by Contracting Officer of any of its obligations hereunder
shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether
such occurrence be an act of God or the result of war, riot, civil commotion, sovereign conduct,
Election Services Contract
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or the .act or condition of any persons not a parry thereof, then it shall be excused from such
performance for such period of time as is reasonably necessary after such occurrence to remedy
the effects thereof. .
(i) The parties to this Agreement agree that Political Subdivision may cancel this Agreement in
the event that it has no need to conduct an election by 60f day before Election Day. If Political
Subdivision's election is cancelled after deadline, a $200 contract preparation and processing fee
will be due in addition to any costs incurred by Contracting Officer on behalf of Political
Subdivision prior to said cancellation.
(j) The Political Subdivision has the option of extending the terms of this Agreement through its
runoff election, if applicable. Political Subdivision may reduce the number of the adopted early
voting locations and/or Election Day voting locations in which precincts are not involved in a
runoff election. In the event of a runoff which Political Subdivision wants Contracting Officer
to conduct, Political Subdivision agrees to attempt to coordinate the date with other entities
participating in this Joint Election. If Political Subdivision elects to have Contracting Officer
conduct a runoff election, the cost will be determined by the number of entities participating and
the actual costs plus administrative fees. Political Subdivision will be responsible for all orders,
notices, and publications required for their runoff except the publication of the public logic and
accuracy test which Contracting Officer will publish.
6. DISPUTE RESOLUTION PROCEDURE
The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve all disputes arising under this Agreement. Either party
must give written notice to the other parry of a claim for breach of this Agreement not later than
the 180t' day after the date of the event, giving rise to the claim. By their execution of their
Agreement, the parties acknowledge and knowingly and voluntarily agree that neither the
execution of this Agreement; nor the conduct, act or inaction by any person in the execution,
administration, or performance of this Agreement constitutes or is intended to constitute a waiver
of the party's immunity from suit with respect to claims of third parties.
7. ENTIRE AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between and Contracting Officer. This
Agreement may be amended only in writing and signed by the parties.
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8. NOTICES
Except as otherwise provided in this section, all notices, consents, approvals, demands, request,
or other communications provided for or permitted to be given under any of the provisions of
this Agreement shall be in writing and shall be deemed to have duly given or served when
delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail,
return receipt requested, postage prepaid, and addressed as set forth below or to such other person
or address as may be given in writing by either parry to the other in accordance with this section:
JEFFERSON COUNTY: Carolyn L. Guidry, County Clerk
P. O. Box 1151
Beaumont, TX 77704
CITY OF BEAUMONT: Kyle Hayes, City Manager
801 Main St.
Beaumont, TX 77701
PORT OF BEAUMONT: Chris Fisher, Director/CEO
P.O. Box 2297
Beaumont, TX 77704
BEAUMONT ISD: Dr. Shannon Allen, Superintendent
3395 Harrison
Beaumont, TX 77706
PORT ARTHUR ISD: Dr. Mark Porterie, .Superintendent
4801 Ninth Ave.
Port Arthur, TX 77642
PORT OF PORT ARTHUR: Larry Kelley, Director/CEO
221 Houston Ave.
Port Arthur, TX 77640
SABINE PASS
PORT AUTHORITY: Deborah. Jennings, Office Manager
P.O. Box 318
Sabine Pass, TX 77655
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IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
PORT OF BEAUMONT
By:
Name: Chris Fisher
Title: Port Director/CEO
Attest: (seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By:
Name: Dr. Shannon Allen
Title: Superintendent
Attest:
(seal)
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Last Updated: 1/12/2021
Page 8 of 17
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of
20
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
By:
Name: Dr. Mark Porterie
Title: Superintendent
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
PORT OF PORT ARTHUR
By:
Name: Larry Kelley
Title: Port Director/CEO
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
SABINE PASS PORT AUTHORITY
By:
Name: Deborah Jennings
Title: Office Manager
Attest: (seal)
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IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
JEFFERSON COUNTY, TEXAS
By:
Name: Jeff Branick
Title: County Judge
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of ,
20
By:
Name: Carolyn L. Guidry
Title: County Clerk
Attest: (seal)
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Last Updated: 1/12/2021 Page 10 of 17
EXHIBIT A
EARLY VOTING LOCATIONS
eaumont Courthouse -Main location
Port Arthur Sub -Courthouse
Rogers Park Recreation Center
Arthur Public Library
Theodore Johns Library
John Paul Davis Community Center
1001 Pearl St., Beaumont, Texas
525 Lakeshore Dr., Port Arthur, Texas
6540 Gladys, Beaumont, Texas
4615 Ninth Ave, Port Arthur, Texas
4255 Fannett Rd., Beaumont, Texas
3580 E Lucas, Beaumont, Texas
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EXHIBIT B - ELECTION DAY VOTE CENTERS
Comrn Pct
Polling Location
Location Address
Location City & Zip Code
1-4
Amelia Elementary School
565 S. Major Dr
Beaumont, TX 77707
1--2
Beaumont Municipal Airport
455 Keith Rd.
Beaumont, TX 77713
1-4
BISD Administration Building
3395 Harrison Ave.
Beaumont, TX 77706
1--5
New Light Church
3780 Crow Rd.
Beaumont, TX 77706
1--6
Dishman Elementary
3475 Champions Dr.
Beaumont, TX 77707
1--7
O.C. Mike Taylor Career Center
2330 North St.
Beaumont, TX 77702
1--9
Rogers Park Community Center
6540 Gladys Ave.
Beaumont, TX 77706
1-40
Roy Guess Elementary
8055 Voth Rd.
Beaumont, TX 77708
3-4
DeQueen Elementary
740 DeQueen Blvd.
Port Arthur, TX 77640
3--2
Zion Hill Baptist Church
5848 Roosevelt Ave.
Port Arthur, TX 77640
3--3
Jefferson County Sub -Courthouse
525 Lakeshore Dr.
Port Arthur, TX 77640
3--4
Port Acres Elementary
6301 Pat Ave.
Port Arthur, TX 77640
3_-5
O W COLLINS RETIREMENT CTR
4440 GULFWAY DR.
Port Arthur, TX 77642
3--6
Port Arthur Public Library
4615 9th Ave.
Port Arthur, TX 77642
3--7
Queen of Vietnam Catholic Church
801 - 9th Ave.
Port Arthur, TX 77642
3--8
R.L. Gabby Eldridge Center
5262 S. Gulfway Dr
Sabine Pass, TX 77655
3--9
Travis Elementary
1115 Lakeview Ave.
Port Arthur, TX 77642
3-40
Willie Ryman III Community Center
3248 39th St.
Port Arthur, TX 77642
4-4
Alice Keith Park Recreation Center
4075 Highland Ave.
Beaumont, TX 77705
4--2
Charlton -Pollard Elementary
825 Jackson St.
Beaumont, TX 77701
4--5
Jefferson County Courthouse
1001 Pearl St.
Beaumont, TX 77701
4--6
MLK Middle School
1400 Avenue A
Beaumont, TX 77701
4--7
John Paul Davis Community Center
3580 E. Lucas Dr.
Beaumont, TX 77703
4--9
Sterling Pruitt Center
2930 Gulf St.
Beaumont, TX 77703
4-40
Theodore Johns Library
4255 Fannett Rd.
Beaumont, TX 77705
Election Services Contract
Last Updated: 1/12/2021 Page 12 of 17
EXHIBIT C
CALENDAR
The Political Subdivision agrees that timing is critical, and lack of adherence to this CALENDAR
without prior agreement of Contracting Officer may result in additional charges or cancellation
of Contracting Officer's duties and obligations to conduct Political Subdivision's election under
this Contract.
School Districts must adhere to all deadlines, even if on Spring Break.
Please refer to the Texas Secretary of State's website for a complete calendar of events including
citations to the Texas Election Code and for information specific to entity type. Confer with
your attorney on any statutes that govern your entity. Please comply with all orders, postings
and notices as required for your Political Subdivision. Contracting Officer will provide the
publication of one Notice of Public Test in English and Spanish.
FEBRUARY 1, 2021
Prior to February 1, 2021, each Political Subdivision is responsible for validating with the Voter
Registrar that the boundaries for their voting precincts are correct and supplying the Contracting
Officer with a map of such boundaries.
681h day before Election Day
Recommended date to conduct ballot position drawing.
Notice of ballot position drawing must be posted for 72 hours immediately preceding time of
drawing.
**Please schedule ballot drawing as soon as possible and email the BALLOT FORMAT AND
ORDER OF CANDIDATES ON BALLOT to Contracting Officer at
cgllg Yelerk(a,co.iefferson.tx.us.**
60th day before Election Day
Last day for the governing body of a political subdivision to deliver notice of the election to the
county clerk/elections administrator and voter registrar of each county in which the political
subdivision is wholly or partly located. (Sec. 4.008).
Deadline to notify Contracting Officer via email of the following items:
• whether or not Political Subdivision has a contested election.
• candidate names, including write-in candidates.
• any candidate withdrawals or election cancellation.
• order of candidates on ballot. (We prefer to receive it sooner if it is available.)
• Spanish translations of all ballot titles, contests, and ballot language.
• phonetic pronunciations of all candidate names which will be used for the ballot audio
recording.
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Last Updated: 1/12/2021 Page 13 of 17
60th day before Election Day - Continued
Deadline to cancel election and incur no fees under the Election Services Agreement.
Deadline to receive executed Election Services Agreement by mail, personal delivery, or email.
Deadline to receive copy of Order of Election.
Contracting Officer contact information:
Email: countxclerk cr,co.jefferson.tx.us
Mail: P. O. Box 1151, Beaumont, TX 77704-1151
Hand Delivery: 1085 Pearl Street, First Floor, Beaumont, Texas 77701
If additional time is needed because of meeting schedules, please notify us.
"Deadlines for ballot proofing and ballot approval will be emailed with ballot proofs. The
parties must adhere to deadlines of 24 hour turnaround time, even if they occur during
Spring Break, 'in order for our office to meet the State and Federal deadlines to mail
military and overseas ballots."
45th day before Election Day
Deadline to mail ballots to military or overseas voters who submitted their ballot request via a
federal postcard application (FPCA) or via a standard application for ballot by mail and indicated
that they are outside the United States. Ballots must be mailed by this date or the 7th day after
the clerk receives the application. If the early voting clerk cannot meet this 45th-day deadline,
the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)).
30th day before Election Day
Last day to register to vote or make a change of address effective for the May 1, 2021, election.
(Secs. 13.143, 15.025).
First day of period during which notice of election must be published if the method of giving
notice is not specified by a law outside the Election Code, and publication is the selected method
of giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by an authority of a city or
school district, must be given by publication in a newspaper in addition to any other method
specified. (Secs. 4.003(c) and (d)).
19th day before Election Day
Last day to post notice of election on bulletin board used for posting notices of meetings of
governing body. (Sec. 4.003(b)). A Record of Posting Notice of Election (PDFI should be
completed at the time of posting. (Sec. 4.005).
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Last Updated: 1/12/2021 Page 14 of 17
12th day before Election Day
First day to vote early in person. (Sec. 85.001(a)).
NOTE - Political Subdivisions Other than Cities and Counties: Early voting in person must
be conducted at least eight (8) hours each weekday that is not a legal state holiday unless the
political subdivision has fewer than 1,000 registered voters, in which case early voting in person
must be conducted at least three (3) hours per day. (Sec. 85.005(b)).
NOTE — Cities and counties: Early voting in person must be conducted on the weekdays of the
early voting period and during the hours that the county clerk's or city secretary's main business
office is regularly open for business. (Sec. 85.005(a)). However, because cities and counties must
have office hours for election -related business at least three (3) hours every business day for this
type of election, we harmonize these requirements with the result that, if a city or county is not
regularly open for business on one or more weekdays, on those "closed" days, a city or county
must conduct early voting for at least three (3) hours a day at the main early voting location
(except for a city's two 12-hour days, when it must be open for the full 12 hours).
NOTE - Cities: Cities must choose two (2) weekdays for the main early voting polling place
location to be open for 12 hours during the regular early voting period. City council must choose
the two weekdays. (Sec. 85.005(d)).
NOTE - Independent School Districts: Despite the change in state law that allows an ISD to
be closed on school holidays during the mandatory office hours period, you are required to be
open during the entire early voting period, except on legal state and national holidays.
NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly,
we recommend a unified schedule covering all requirements; i.e., no entity's requirements should
be neglected or subtracted as a result of a joint agreement.
loth day before Election Day
Last day of period during which notice of election must be published if method of giving notice
is not specified by a law outside the Election Code and publication is the selected method of
giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by a commissioners court or by
an authority of a city or school district, must be given by publication in a newspaper in addition
to any other method specified. (Secs. 4.003(c) and (d)).
Last day to mail a copy of the notice of election to each registered voter in the county if method
of giving notice is not specified by a law outside the Election Code and this method of giving
notice is selected. (Secs. 1.006, 4.003(a)(3)).
Cities and Counties — Weekend Early Voting Hours - Notice Requirement: Last day to post notice
on bulletin board used for posting notice of city council or commissioners court, if early voting
will be conducted on Saturday (Sec. 85.007). Notice must be posted at least 72 hours before early
voting begins on a Saturday or Sunday. Notice must also be posted to the political subdivision's
website, if one is maintained.
NOTE - NEW LAW: Section 85.007, as amended by House Bill 2721 (2015), requires that the
election notice, which includes the days and hours of early voting be posted on the political
subdivision's website, if the political subdivision maintains a website.
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Last Updated: 1/12/2021 Page 15 of 17
4th day before Election Day
Last day to vote early by personal appearance. (Sec. 85.001(a)).
Election Day
NOTE - NEW LAW — House Bill 2354 (2015) changed the date of the May uniform election
from the second Saturday in May to the first Saturday in May.
30 days from date of final invoice
Pay balance due for election services. Please make checks payable to:
Jefferson County Treasurer
P O Box 1151,
Beaumont, Texas 77704-1151
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Last Updated: 1/12/2021 Page 16 of 17
CONTRACT COSTS
Voting Equipment
Judge's Booth Controller $330.00
eSlate $330.00
Disable Access Unit (DAU) $396.00
Privacy Booth $20.00
Ballot Box $5.00
Communication Devices
EA Tablet + WIFI $119.50
Cell Phone $30.00
Mandatory Signs
Large A -Frame (ID Required) $10.00
Large A -Frame (Notices ) $10.00
PROGRAMMING
COUNTY COST
1- 5 RACES
$1,125.00
6 -10 RACES
$1,898.00
11-20 RACES
$2,475.00
21-40 RACES
$3,135.00
41-75 RACES
$3,960.00
76-100 RACES
$4,704.00
BALLOT PRINTING COUNTY COST
8.5 X 11 $0.23
8.5 X 14 $0.25
8.5 X 17 $0.28
Sample Ballots $0.06
SUPPLIES
ELECTION KITS / w Seals EV & ED $40.00
Mail Ballots (Per Set) $0.75
Supply Bag Consumables (per location) $20.00
REVISED 07/19/16
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Last Updated: 1/12/2021 Page 17 of 17