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HomeMy WebLinkAboutORD 23-012 ORDINANCE NO. 23- 012 AN ORDINANCE AMENDING ORDINANCE NO. 23-005 FOR THE PURPOSE TO ADD AND APPROVE DESIGNATING SUNDAY, APRIL 30, 2023, WITH THE HOURS OF 12:00 P.M. TO 5:00 P.M., TO THE EARLY VOTING DATES FOR THE MAY 6, 2023, CITY OF BEAUMONT GENERAL ELECTION JOINT WITH BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT AND APPROVING A RUNOFF ELECTION, IF NECESSARY, ON THE 10TH DAY OF JUNE 2023. WHEREAS, on January 24, 2023, the City Council approved Ordinance No. 23- 005 providing for a general election to be held on the 6th day of May 2023 for the purpose of electing a Mayor, four Ward Councilmembers (Wards I, II, Ill, and IV) and two (2) Councilmember-At-Large, with the Beaumont Independent School District, and the Port of Beaumont; and, WHEREAS, 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 as outlined in the terms and conditions of an Election Services Contract substantially in the form attached to as Exhibit "A," and; WHEREAS, Roxanne Hellberg, County Clerk of Jefferson County is hereby appointed Clerk for early voting and; pursuant to Chapter 83 Subchapter B of the Texas Election Code, the appointment of Laurie Leister 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 Courthouse 1085 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 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 24, 2023 (8:00 a.m. to 5:00 p.m.) Tuesday - April 25, 2023 (8:00 a.m. to 5:00 p.m.) Wednesday - April 26, 2023 (8:00 a.m. to 5:00 p.m.) Thursday - April 27, 2023 (8:00 a.m. to 5:00 p.m.) Friday - April 28, 2023 (8:00 a.m. to.5:00 p.m.) Saturday - April 29, 2023 (8:00 a.m. to 5:00 p.m.) Sunday— April 30, 2023 (12:00 p.m. to 5:00 p.m.) Monday - May 1, 2023 (7:00 a.m. to 7:00 p.m.) Tuesday - May 2, 2022 (7:00 a.m. to 7:00 p.m.) 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 7th day of February, 2023. qadamftku_ 7 ._--7)\._eA.(.4.4. ifg,e,COM°/VeN sa/61,(41,c, ,,. �irge„ AS.. - Mayor Robin Mouton - ''a , ���SON On st 1 '°eC W '2ir s tv`�� ;,;' ELECTION SERVICES CONTRACT BEAUMONT INDEPENDENT SCHOOL DISTRICT(BISD) CITY OF BEAUMONT PORT OF BEAUMONT This Contract 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, Roxanne Acosta-llellberg, County Clerk, and Beaumont Independent.School District(BISD),CITY OF BEAUMONT AND PORT OF BEAUMONT hereinafter referred to as"Political Subdivision(s)." WHEREAS,Political Subdivisions are required to conduct an election on May 6,2023; THIS ELECTION SERVICES CONTRACT is made this day of ,2023 by and between the Political Subdivision of Beaumont Independent School District(BISD), City of Beaumont, and Port of Beaumont, hereinafter called "Political Subdivisions" and Jefferson County, Texas, by its County Judge and joined herein by its County Elections Officer, Roxanne Acosta-Helllberg,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. This Contract 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 furnish to Political Subdivision certain election services and equipment needed by Political Subdivision in connection with the holding of the May 6, 2023 Election. Jefferson County's 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: (a)Notify and coordinate presiding election judges,alternate judges,and all other election officials to administer this Election. This list will be approved by the Political Subdivisions or its representative. Jefferson County will make emergency appointments of election officials if necessary. Compensate all election workers for time worked at the hourly rate approved by 1 EXHIBIT"A" • 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 and Election Day polling locations. 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 Joint 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. (j)Provide information services for voters and election officers. (k) Maintain accurate records of all expenses incurred in connection with the responsibilities under this Contract 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. 2 • • (I)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 31.100 of the Texas Election Code. 3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Each 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 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. Political Subdivision shall adopt the Election Day Vote Center polling locations 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 the elections polling locations are different than Political Subdivisions' previous election,Political Subdivision shall post notice at the entrance to any previous polling places in its jurisdiction stating that the location 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 notice of the change for their election. Educate the voters in Political Subdivision on early voting times and places and Election Day polling locations. 3 1 (e)Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries,county voting precincts and Street details within those boundaries. Political Subdivisions 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 Election Day Calendar published by the Secretary of State of Texas for the May 6,2023 Election,known as the SOS Election Day Calendar for May 6,2023.. (f) Deliver to .Contracting Officer, according to the above mentioned Election Day Calendar, ballot language with Spanish translations,candidate navies 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 subdivisions 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. (j) Canvass the returns and declare the election results for Political subdivisions. Political Subdivisions are responsible for filing any precinct reports required by the Secretary of State. (k)The deposit will be waived for this Election Contract for all Political Subdivisions. All costs will be assessed and a detailed billed will be rendered within a reasonable time 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 Subdivisions agree to enter into an Election Services Contract 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 6,2023. 4. COST OF SERVICES.Each Political subdivisions shall share any and all expenses for the above services, supplies and equipment. Additional elections may lower costs for each entity, and election cancellations may raise costs for each entity. It is understood that other political entities may wish to participate in the use of the County's electronic voting equipment and polling locations, and it is agreed that Contracting Officer may enter into other contracts with entities for those purposes on terms and conditions 4 generally similar to those set forth in this Contract. Only the actual expenses directly attributable to this Contract and any prorated shared expenses may be charged to Political subdivisions,plus a 10%administrative fee. (a.)Costs for early voting, election day, equipment delivery, supplies, mail ballots, payroll, equipment leasing, programming, and other costs will be shared proportionally between the political subdivisions entering into this Election Services Contract with the County. 5. GENERAL CONDITIONS. (a) The parties agree that the timing is critical on all duties in this Contract. Lack of adherence to any deadline in theElection Day 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 Contract 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 Secretary of State of Texas' Election Day 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 Election may vote early by personal appearance at any of the 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 Election,and the parties agree that all ballot styles will be programmed into one voting system. Each voter will receive one ballot which contains all races and issues in the Election for which the voter is eligible at the address and in the precinct in which the voter is currently registered. One 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 Contract with the Auditor and Treasurer of el 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 5 desire insurance for injuries during this election or other liabilities, entity shall make such arrangements separate froth this Contract. (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, 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 reinedy the effects thereof. (i)The parties to this Contract agree that a Political Subdivision may cancel this Contract 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 $300 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 Contract 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 adininistr:ative 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 Contract. Either party must give written notice to the other party of a claim for breach of this Contract not later than the 180th day after the date of the event, giving rise to the claim. By their execution of their Contract,the parties acknowledge and knowingly and voluntarily agree that neither the execution of this Contract; nor the conduct, act or inaction by any person in the execution, administration, or performance of this Contract constitutes or is intended to constitute a waiver of the party's immunity from suit with respect to claims of third parties. 7.ENTIRE CONTRACT/AMENDMENT This Contract constitutes the entire Contract between Beaumont Independent School District (BISD),City of Beaumont,Port of Beaumont and Contracting Officer. This Contract may be amended only in writing and signed by the parties. 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 Contract shall be in writing and shall be deemed to have duly given or served when delivered 6 • 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: BISD: Dr. Shannon Allen Superintendent Beaumont Independent School District 3395 Harrison Beaumont,Texas 77706 CITY OF BEAUMONT: Kenneth R.Williams City Manager City of Beamnont,.Texas • 801 Main Street Beaumont,Texas 77701 • PORT OF BEAUMONT: Mr.Pat Anderson President Port of Beaumont • 1225 Main Street Beaumont,Texas 77701 JEFFERSON COUNTY: Roxanne Acosta-Hellberg Jefferson County Clerk P. O.Box 1151 Beaumont,TX 77704 IN WITNESS WHEREOF, each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of ,2023. BISD: By: Attest: Name: C: IN WITNESS WHEREOF,each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of ,20 CITY OF BEAUMONT: By: Attest: 7 Name: IN WITNESS WHEREOF,each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of ,20 • PORT OF BEAUMONT: By: Attest: Name: IN WITNESS WHEREOF,each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of ,20 Jefferson County,Texas By: Name: Roxanne Acosta-Hellberg Title: Jefferson County CIerk 8 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 $125.00 Cell Phone $35.00 Mandatory Signs Large A-Frame (ID Required ) $15.00 Large A-Frame (Notices) $15.00 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 $0.25 8.5 X 14 $0.27 8.5 X 17 $0.30 Sample Ballots $0.06 SUPPLIES ELECTION KITS/w Seals EV&ED $45.00 Mail Ballots (Per Set) $2.30 Supply Bag Consumables(per location) $25.00 9 } EARLY VOTING April 24, 2023—May 2, 2023 May Joint Election—Citywide Polling—All precincts may vote at any Vote Center. (Eleccion uniforme de mayo—Lugares de votacion en todo la cuidad—Todos los precintos pueden votar en cualquier centro de votacion.) Election Day Polling Places Address City,State,Zip Code Local,zaclones. Direcclon Cuidad,Estado,Codigo postal Rogers Park Community Center 6540 Gladys Ave Beaumont,TX 77706 Jefferson County Courthouse(Lobby)Main Location 1085 Pearl St Beaumont,TX 77701 John Paul Davis Community Center 3580 E.Lucas Dr Beaumont,TX 77703 Theodore Johns Library(Meeting Room) 4255 Fannett Rd Beaumont,TX 77705 DATES AND HOURS FOR ALL ABOVE LOCATIONS: (Fechas y Horas para todas las localizations anteriores): April 24—28,2023 Monday-Friday 8:00 a.m.-5:00 p.m. (Abril 24—28,2023) (Lunes Viernes) April 29,2023 Saturday 8:00 a.m.-5:00 p.m. (Abril 29,2023) (Sabado) April 30,2023 Sunday 12:00 p.m.—5:00 p.m. (Abril 30,2023) (Domingo) May 1—2,2023 Monday—Tuesday 7:00 a.m.—7:00 p.m. (Mayo 1—2,2023) (Lunes—Martes) ELECTION DAY May 6, 2023 May Joint Election—Citywide Polling—All precincts may vote at any Vote Center. (Eleccion uniforme de mayo—Lugares de votacion en todo la cuidad—Todos los precintos pueden votar en cualquier centro de votacion.) Election Day Polling Places - :7' ',Addressgry City;-,State,Zip Code ''Localizaciones _ �_ Direccion; _�ss � 'Cwdad, EstadpssCodigo postal Amelia Elementary School (Gymnasium) 565 S. Major Dr Beaumont,TX 77707 BISD Adminisration Building(Boardroom) 3395 Harrison Ave Beaumont,TX 77706 Dishman Elementary(Gymnasium) 3475 Champions Dr Beaumont,TX 77707 BISD Career Center(First Floor Old Library) 2330 North St. Beaumont,TX 77702 Rogers Park Community Center 6540 Gladys Ave Beaumont,TX 77706 Roy Guess Elementary(Hallway near Gymnasium) 8055 Voth Rd. Beaumont,TX 77708 Alice Keith Park Recreation Center 4075 Highland Ave Beaumont,TX 77705 Charlton-Pollard Elementary(Gymnasium) 825 Jackson St Beaumont,TX 77701 Lamar University Montagne Center(Cardinal Club Room) 4401 S. MLK Pkwy Beaumont,TX 77705 Jefferson County Courthouse (Lobby)Main Polling Location 1085 Pearl St Beaumont,TX 77701 MLK Middle School (Gymnasium) 1400 Avenue A Beaumont,TX 77701 John Paul Davis Community Center 3580 E. Lucas Dr Beaumont,TX 77703 Sterling Pruitt Center(Multi-purpose Room) 2930 Gulf St Beaumont,TX 77703 Theodore Johns Library(Meeting Room) 4255 Fannett Rd Beaumont,TX 77705 U� t f'EX AS ELECTION SERVICES CONTRACT BEAUMONT INDEPENDENT SCHOOL DISTRICT (BISD) CITY OF BEAUMONT PORT OF BEAUMONT This Contract 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, Roxanne Acosta-Hellberg, County Clerk, and Beaumont Independent School District(BISD),CITY OF BEAUMONT AND PORT OF BEAUMONT hereinafter referred to as "Political Subdivision(s)." WHEREAS,Political Subdivisions are required to conduct an election on May 6, 2023; THIS ELECTION SERVICES CONTRACT is made this 714 day of teL/ r fA aM/n ,2023 by and between the Political Subdivision of Beaumont Independent School Distri (BISD), City of Beaumont, and Port of Beaumont, hereinafter called "Political Subdivisions" and Jefferson County, Texas, by its County Judge and joined herein by its County Elections Officer, Roxanne Acosta-Hellberg, 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. This Contract 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 furnish to Political Subdivision certain election services and equipment needed by Political Subdivision in connection with the holding of the May 6, 2023 Election. Jefferson County's 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: (a)Notify and coordinate presiding election judges,alternate judges,and all other election officials to administer this Election. This list will be approved by the Political Subdivisions or its representative. Jefferson County will make emergency appointments of election officials if necessary. Compensate all election workers for time worked at the hourly rate approved by 1 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 and Election Day polling locations. 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 Joint 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. (j)Provide information services for voters and election officers. (k) Maintain accurate records of all expenses incurred in connection with the responsibilities under this Contract 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. 2 (I) 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 31.100 of the Texas Election Code. 3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Each 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 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. Political Subdivision shall adopt the Election Day Vote Center polling locations 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 the elections polling locations are different than Political Subdivisions' previous election, Political Subdivision shall post notice at the entrance to any previous polling places in its jurisdiction stating that the location 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 notice of the change for their election. Educate the voters in Political Subdivision on early voting times and places and Election Day polling locations. 3 (e)Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries, county voting precincts and street details within those boundaries. Political Subdivisions 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 Election Day Calendar published by the Secretary of State of Texas for the May 6,2023 Election, known as the SOS Election Day Calendar for May 6, 2023.. (f) Deliver to Contracting Officer, according to the above mentioned Election Day 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 subdivisions 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. (j) Canvass the returns and declare the election results for Political subdivisions. Political Subdivisions are responsible for filing any precinct reports required by the Secretary of State. (k) The deposit will be waived for this Election Contract for all Political Subdivisions. All costs will be assessed and a detailed billed will be rendered within a reasonable time 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 Subdivisions agree to enter into an Election Services Contract 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 6,2023. 4. COST OF SERVICES. Each Political subdivisions shall share any and all expenses for the above services, supplies and equipment. Additional elections may lower costs for each entity, and election cancellations may raise costs for each entity. It is understood that other political entities may wish to participate in the use of the County's electronic voting equipment and polling locations, and it is agreed that Contracting Officer may enter into other contracts with entities for those purposes on terms and conditions 4 generally similar to those set forth in this Contract. Only the actual expenses directly attributable to this Contract and any prorated shared expenses maybe charged to Political subdivisions,plus a 10% administrative fee. (a.)Costs for early voting, election day, equipment delivery, supplies, mail ballots, payroll, equipment leasing, programming, and other costs will be shared proportionally between the political subdivisions entering into this Election Services Contract with the County. 5. GENERAL CONDITIONS. (a) The parties agree that the timing is critical on all duties in this Contract. Lack of adherence to any deadline in the Election Day 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 Contract 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 Secretary of State of Texas' Election Day 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 Election may vote early by personal appearance at any of the 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 Election, and the parties agree that all ballot styles will be programmed into one voting system. Each voter will receive one ballot which contains all races and issues in the Election for which the voter is eligible at the address and in the precinct in which the voter is currently registered. One 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 Contract 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 5 desire insurance for injuries during this election or other liabilities, entity shall make such arrangements separate from this Contract. (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, 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 Contract agree that a Political Subdivision may cancel this Contract 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 $300 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 Contract 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 Contract. Either party must give written notice to the other party of a claim for breach of this Contract not later than the 180th day after the date of the event, giving rise to the claim. By their execution of their Contract,the parties acknowledge and knowingly and voluntarily agree that neither the execution of this Contract; nor the conduct, act or inaction by any person in the execution, administration, or performance of this Contract constitutes or is intended to constitute a waiver of the party's immunity from suit with respect to claims of third parties. 7. ENTIRE CONTRACT/AMENDMENT This Contract constitutes the entire Contract between Beaumont Independent School District (BISD), City of Beaumont,Port of Beaumont and Contracting Officer. This Contract may be amended only in writing and signed by the parties. 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 Contract shall be in writing and shall be deemed to have duly given or served when delivered 6 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: BISD: Dr. Shannon Allen Superintendent Beaumont Independent School District 3395 Harrison Beaumont, Texas 77706 CITY OF BEAUMONT: Kenneth R. Williams City Manager City of Beaumont, Texas 801 Main Street Beaumont, Texas 77701 PORT OF BEAUMONT: Mr. Pat Anderson President Port of Beaumont 1225 Main Street Beaumont, Texas 77701 JEFFERSON COUNTY: Roxanne Acosta-Hellberg Jefferson County Clerk P. O. Box 1151 Beaumont, TX 77704 IN WITNESS WHEREOF, each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of ,2023. BISD: By: _ Attest: Name: C: IN WITNESS WHEREOF, each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the ?+P• day of Fel)r A , 20 a3 . CITY OF BEAUMONT: By: atAlf " Attest: 7 Name: IN WITNESS WHEREOF, each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of , 20 PORT OF BEAUMONT: By: Attest: Name: IN WITNESS WHEREOF, each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of , 20 Jefferson County, Texas By: Name: Roxanne Acosta-Hellberg Title: Jefferson County Clerk 8 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 $125.00 Cell Phone $35.00 Mandatory Signs Large A-Frame (ID Required ) $15.00 Large A-Frame (Notices ) $15.00 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 $0.25 8.5 X 14 $0.27 8.5 X 17 $0.30 Sample Ballots $0.06 SUPPLIES ELECTION KITS/w Seals EV& ED $45.00 Mail Ballots (Per Set) $2.30 Supply Bag Consumables (per location) $25.00 9 EARLY VOTING April 24, 2023— May 2, 2023 May Joint Election—Citywide Polling—All precincts may vote at any Vote Center. (Eleccion uniforme de mayo—Lugares de votacion en todo la cuidad—Todos los precintos pueden votar en cualquier centro de votacion.) EI ton Day Polling Places ; Address= City;State,Zip Code Local�zacione sr; � s Direccion Cu�dod,Estado, Codigo postal Rogers Park Community Center 6540 Gladys Ave Beaumont,TX 77706 Jefferson County Courthouse(Lobby) Main Location 1085 Pearl St Beaumont,TX 77701 John Paul Davis Community Center 3580 E. Lucas Dr Beaumont,TX 77703 Theodore Johns Library(Meeting Room) 4255 Fannett Rd Beaumont,TX 77705 DATES AND HOURS FOR ALL ABOVE LOCATIONS: (Fechas y Horas para todas las localizaciones anteriores): April 24—28,2023 Monday-Friday 8:00 a.m. -5:00 p.m. (Abril 24—28,2023) (Lunes-Viemes) April 29,2023 Saturday 8:00 a.m. -5:00 p.m. (Abril 29,2023) (Sabado) April 30,2023 Sunday 12:00 p.m.—5:00 p.m. (Abril 30,2023) (Domingo) May 1 —2,2023 Monday—Tuesday 7:00 a.m.—7:00 p.m. (Mayo 1 —2,2023) (Lunes—Martes) ELECTION DAY May 6, 2023 May Joint Election—Citywide Polling—All precincts may vote at any Vote Center. (Eleccion uniforme de mayo—Lugares de votacion en todo la cuidad—Todos los precintos pueden votar en cualquier centro de votacion.) Election Day Polling Places Address Crty,:State,Zip Code �OCCi4gCOnes Direccron Cu�dad Estado Codrgo postal Amelia Elementary School (Gymnasium) 565 S. Major Dr Beaumont,TX 77707 BISD Adminisration Building(Boardroom) 3395 Harrison Ave Beaumont,TX 77706 Dishman Elementary(Gymnasium) 3475 Champions Dr Beaumont,TX 77707 BISD Career Center(First Floor Old Library) 2330 North St. Beaumont,TX 77702 Rogers Park Community Center 6540 Gladys Ave Beaumont,TX 77706 Roy Guess Elementary(Hallway near Gymnasium) 8055 Voth Rd. Beaumont,TX 77708 Alice Keith Park Recreation Center 4075 Highland Ave Beaumont,TX 77705 Charlton-Pollard Elementary(Gymnasium) 825 Jackson St Beaumont,TX 77701 Lamar University Montagne Center(Cardinal Club Room) 4401 S. MLK Pkwy Beaumont,TX 77705 Jefferson County Courthouse (Lobby)Main Polling Location 1085 Pearl St Beaumont,TX 77701 MLK Middle School (Gymnasium) 1400 Avenue A Beaumont,TX 77701 John Paul Davis Community Center 3580 E. Lucas Dr Beaumont,TX 77703 Sterling Pruitt Center(Multi-purpose Room) 2930 Gulf St Beaumont,TX 77703 Theodore Johns Library(Meeting Room) 4255 Fannett Rd Beaumont,TX 77705 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 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 24, 2023 (8:00 a.m. to 5:00 p.m.) Tuesday -April 25, 2023(8:00 a.m. to 5:00 p.m.) Wednesday -April 26, 2023 (8:00 a.m. to 5:00 p.m.) Thursday - April 27, 2023(8:00 a.m. to 5:00 p.m.) Friday -April 28, 2023 (8:00 a.m. to 5:00 p.m.) Saturday - April 29, 2023 (8:00 a.m. to 5:00 p.m.) Sunday—April 30, 2023 (12:00 p.m. to 5:00 p.m.) Monday - May 1, 2023 (7:00 a.m. to 7:00 p.m.) Tuesday - May 2, 2022 (7:00 a.m. to 7:00 p.m.) 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 7th day of February, 2023. 4,7.„ -ate-f, r...„'' �� - Mayor Robin Mouton - g p. , .: t ..„...,„,.%;x„,, ...„. CITY OF BEAUMONTVf 801 MAIN ST#125 TINA BROUSARD CITY CLERK BEAUMONT,TX 77701 FILED - COR -D OFFICIAL PUBLIC RECORDS 1 1 G,p6.,„,„,t.....a.:40-1-,------ 1 Roxanne Acosta-Hellberg, County Clerk Jefferson County,Texas CLERKS NOTE: February 08, 2023 09:27:01 AM FEE: $34.00 2023003287 NO EXHIBIT 'A" ATTACHED AT TIME OF FILING