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Home My WebLink AboutORD 23-005-AORDINANCE NO, 23-005- A ENTITLED AN ORDINANCE ADMENDING ORDINANCE 23-005 TO REMOVE PAGE 9 OF THE ELECTION SERVICES CONTRACT RELATING TO "CONTRACT COST" AND REPLACE IT WITH AN ADMENDED PAGE 9 TO REFLECT THE USE OF UPDATED VOTING MACHINES. WHEREAS, on January 24, 2023, Council adopted Ordinance 23-005 approving a contract with the County for Election Services; and, WHEREAS, an amendment is required to remove page 9 of the Election Services Contract relating to "Contract Cost" and replace it with an amended page 9 to reflect the use of updated voting machines. The agreement is substantially in the form attached hereto as Exhibit "A," and made a part hereof for all purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. THAT the City Manager be and he is hereby authorized to execute the amendment to the Election Services Contract. The contract is substantially in the form attached hereto as Exhibit 'A" and made a part hereof of all purposes. 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 4th day of April, 2023. Mayor Robin Mouton - A I,V ELECTION SERVICE'S CONTRACT BEAUMONT INDEPENDUNT SCHOOL DISTRICT ()3ISD) CITY OF BEAUMONT PORT OF BEAUMONT This Contract made And entered Into, by And between Jefferson County, hereinafter roferred to as "County", acting herein by and through its County Judge and Commissioner's Couri, joined herein by file County Blection Officer, Roxanne Acosta-Hellberg, County Cleric, And Beaumont Independent School District (BISD), CITY Or MAYIMONT AND PORT Or BEAUMONT hereinafter referred to as "Political Subdivislon(s)," WHEREAS, Political Subdivisions are required to conduct all election on May 612023; THIS ELECT ION SERVICE CONTRACT Is made this qf "A day of a r jAamA 2023 by and between the Political Subdivision of PoAumout Indepeudent: School DistviU (0I0), City of Beaumont, and fort of Denuttlont, hereinafter called "Political Subdivisions" and Jefforson County, Texas, by its County Judge and joined herein by its County Elections Officer, Roxanne Acosta -Hallberg, hereinafter called "Contracting Officer," pursuant to Texas Blection Code Section 31.092, The parties agree to enter into all Election Set -vim Contract with cacti other In accordance with Chaptor 271 of tho Texas Election Code. This Contract is entered halo fit consideration of the mutual covenants and promises hens►rafter set out; I, IRE, CITA.LS, Contracting Officer Is file County Clerk of Jefferson County, Texas, and is the County Officof, ill charge of election duties. Political Subdivision is a political entity situated wholly or partially within Jefferson Cowity, 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 file purpose of slaving C011tracting Officer f;lmish to political Subdivision certain electionservices at►d equipment needed by Politieal Subdivision in connection with the Itolding of the May 6, 2023 Election, Jefferson County's voting equipment is to be used In this Political Subdivision Election. 2. DUTIES AND SERVICES Or CONTRACTING OFFICER, Contracting Officer shalt be responsible tot, performing the following duties and shall filrnlsh file following services and equipment: (a) Notify And coordinate prosiding olcotion judges, alternate judges, And all other election officials to administer this Election, Tills list will be npproved by file Political Subdivlsions or its representative, Jefferson County will moue emergency Appointments of election officials If I►ecessary. Compensate all election workers for time worked at (lie hourly rate Approved by EXHIBIT "A" Commisslonel's Court. (b) Arraugo for poll worker trailring tirrokrgii a third party or• conduct llcccssary trainhig. Notlfy all Barry Voting skid Election Day officials of tlic (Iate, time and place thereof. (c) Ara'angc for the else of early voth)9 locations and Election Day polling locations. If claisrgency replacement polling locations are Heeded, Contracting Officer shall Beale nceessary alternate arraligenients to locate another public place (or ifimavailable, a private building), and shall notify Political Subdivision as soon as possible. (d) Procure election kits and supplies and disirlbute to the precinct judges and early vothig deputies. Obtain from the Tax-Assossor- /Voter Registrar lists of registered voters to be used in conducting the election in co►iformity will) the boundaries of Political Subdivision and the clection preeltects established for the electlow The Blcotiou Day list of registered voters shall be arranged in alphabetical order. (c) Prepare and test all electronic voting egmpment, format ballot styles, secure audio, oversee all equipment, and voter xegistl'atiok7 database programming, assuro compliance with equipment security requirements. Arrange for transport of equipment to and from poilhig tocations. (0 Serveas Early Voting Cleric for this Joint Election aced process, print, mall, and tabulate ballots for any eligible voter, who applies for, a ballot by mail Including all eligible ]C<PCA, applicants. Supe►vise the conduct of early voting in person and appoint sufficient persomiel to serve as deputy early voting clerics, 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 slid accuracy test. Prepare test materials and conduct ileterml election testing, public logic and accuracy test, and tests of tabelation equipmelit. Qi) Arrange for the early ballot board, signature verification oonimittee, tabulation personnel, and all equipment and skipplics needed at central ooemting station, Tabi0atc early voting, election night, paper mall ballots and provisional ballots. Tabulate unofficial returns anti assist In prepad ig the tabulation for the official canvass, Provide Political. Subdivision its voter history report following the election if requested. (i) Serve as Cekstodian of Records for election records in Contracting Officer's custody arld provide f'or (lrc retention of said eieolion records as provided by law. 0) Provide information services for voters and election officers. (1c) Maintain accurate records of all expenses incurred in comication with the responsibilities ktnder tills Contract and provide Political Subdivision a final invoice after the conduct of the election. Provide any detailed bRektkp to such hlvoice, if' requested, reflecting the charges or componcats of the costs set forth oil the invoice submitted to Political Subdivision. 2 (1) The Contracting Office is responsible for collecting tile, colnprnsatietls sheets for tile, olection judges, clerks, and early voting baltot board. The Contracting Officer will also pay the aforomohtloned foi• tiled• services and Onle ill accordance with their rate of pay policy. (Ill) Contracting Officer shall colitittet a manual count as prescribed by Section 127.201 of the Texas Election Code, unless waived by the Secrctary of State, � wrlticil rcportslnal) be sltbinnitEed to the Secretary ofStato as required by Section 127,201(E) oft lie aforementioned Election Code. Ifreguestcd, Coiat�'acting Officer shall provide a written repo t to Poliiica! Sutadivisialt il► a timely n3Rntlel', (n) The Cout►•acting Officer shall place the funds paid by Political Subdivision lieleutider in a "coniraet fund" as prescribed by Section 3 L 100 of the Texas Election Codc. 3. DUTIES AND SERVICES OE POLITICAL SUBDIVISION. Each Political Subdivision shall be responsible for performing tile. following duties; (a) Prepare all cleotion orders, resolutions, Notices, and olhci• perthmit documents for adoption and execution by (lie appropriate Political Subdivision officer or body, Take all actions necessary foi• calling the Political Subdivision Election which are regu}red by ill(,- Tom Election Code and/or (lie Political Subdivision's governing body, charter, ordinances, or other applicable laws. Exceutc all Election Services Colntraet Willi Jefferson County Cleric for the purpose of election administration, Setvc as Custodian of Records for all clection records in its possessioll as provided by law, (b) Political, Subdivision sliall be Kesponsible for lite logal sufficiency of any order calling their election. Political Subdivision shall be ►•esponsible for all substantive and procedural legal issues governing the colduot of thclr cleotion, Political Subdivision tuiderstands and agl•ees that Contracting Offico• provides no legal advice to Political Subdivision, (c) Adopt (lie county votingpi•eciticts for this election. Political Subdivision shall adapt Me. early voting locations used by the county located in tine Political Subdivisfoll's jurisdictional. boundaries with the stipulation to add additional locations and adopt all early voting (totes, and hours reeonnownded by the Contracting Officer in ilceordatiee with tilt Texas Election Code. Political Subdivision shall adopt the Election Day'vote Celiter polling locutions for each colllity voting prccillct that is witnill Its jurisdictional bmutdat-les. Political Subdivision shall conflrlll (lie accuracy of Its jurisdictional boundaries and precincts. (d) Prepare, post and publish al I required election nollces for Political Subdivision except for the Public Test Notice lhat Contracting Officer shall publish, In addition, If the elections polling locations arc different llhall Political Subdivisions' previous election, Political Subdivision sliall postuotice tit lire entrance to ally previous pol ling places ill ils jurisdiction slating that the location has changed and provide the polling location and address for those voters for this election, pursilant to Texas Election Code Swim 43.002) miloss Comity has pasted tile, notice of (lie Change for their clectioll. Edilcate the voter's ill Political Subdivision oil early voting tines aihd places aid Election Day polling locations. (c) Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries, county voting precincts and street details wilbitt those bon►tdaries, Political Subdivisions will validate all bouudarles are defined properly within Jefferson County voter registration database, Muaps and street lists with block ranges and odd/even/both indicators before the coding and programming of the ballot begins. if claanf es are necessary after progr inning Ims begun, the Political Subdivision responsible will incur the cast of re-progranuning for all entities involved. Political Subdivision tmist proof and approve all programming work done for [lie jurisdiction acco►'ding to the Election Day Caleiidar published by the Sccrclary of State of Texas for the May 6, 2023 Election, known as the SOS 131collon Day Calcnclar for May [~r, 2023, (0 Deliver to Contracting Officer, according to the above Mentioned Election Day Calendar, ballot language with Spanish translations, candidate navies or measures, the order fit which they are to be printed on the ballot with the exact form and spelling, Provide profmociation for difficult names o), words to use oil 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 fife 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, awl tabulate, (it) If requested, assist Contracting Officer in reomiting bilhigual poll workers. Provide documentation on Political Subdivision's efforts to rec►kilt bilingual poll workers if requested by the U. S. Mpartmeut of Justice. (i) Pay prorated additional costs i icmud by Contracting Officer if a recount for said election is required, the election is contested in any maimer, or a rimoff is required. 0) Canvass the returns and declare the elections results for Political subdivisions, Political Subdivisions are responsible for filing any precinct reporls required by the Secretary of State. (k) The deposit will be waived for this Election Conlraot for nil Political Subdivisioats, All costs will be assessed and a delailed billed will be rendered within a ireasonable time after Ilse canvassing of the election or the rcaclpt of all hivoices needed to validate the billing. Any discrepancies in billing should be addressed immediately. (1) Political Subdivisions agree to enter into an Blectiotl Services Contract with ally other politicai subdivision in Jefferson Countywhich enters into tilt Mectiolt Services Contractwitli Contracting Officer and which holds an election on May 6, 2023. A. COST OF SERVICES. Bach Political subdivisions shall share any and all expenses for tiro above services, supplies and equipment. Additloml 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 like County's elects-onic voting equipment and polling locations, and it is agreed chat Cant►acting Officer nsay onto[, into othol` contracts with entities for Ihose purposes oft terms and conditions gottetally similar to those sot ford► in this Contract, Only the actual expenses directly attributable to this Contractattd any prorated shared expensos may he charged to Politonl subdivisions, pins a t0% administrative fee. (a.)Costs for cariy vollrig, election day, equipment delivery, supplies, mail ballots, paymil, equip► ont leasing, programming, and other costs will be shared praportioixnl[y bet�veett the political subdivisions entering into ibis Elcotlou Services Contract wills the County. 5. GENERAlL CONDITIONS, (a) The parties agree that (lie timing is critical oft all d►hies its this Contract, Lack of adl►crence to any deadline in thoElection pay Calondarwitltoutprior agreomont of Contracting Officermay result its cancellation of Contracting Officer's duties and obligations to conduct Polltical Subdivision's election udder this Con(I-act or) at the discretion of Contracting Officer, a late penalty surcharge in an aitloullt not to exceed 10% of tite 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 prograim]litlg and testing and to process, print and mail military And overseas ballots by stateMcdcral deadlines and our ditty to conduct federal, slate, county elections and/or other contracted clections. (b) In accordmee with Section 31,098 of the Texas Election Code, Contracting Officer is authorized to contract with third persons for election servicos and supplies amid is authorized to Ike necessary tomporary personnel to perform contraoted ditties. Part-time personnel will be compensated at the hourly rate set by Jeffmon County. (e) Political Subdivision acknowledges that electronic voting equipment is highly technical and it is conceivable that, despite the best effort of ti►e parties attd teelta►ical assistance, it might fall during the electiol►. Contracting Offloor will do whatever is possible to remedy file situation, but political Subdivision agrees that should such equipment fail, it will not make any clan►n for damages of any kind. (d) Any qualified voter it) the Etcotlon may vote early by personal appearaace at any of (lie early voting locations or at any Vote Cen(er/Polling Location on Election nay. (e) Jefferson County Elections Department may contract with ttuuterous political entities for the Election, and the parties agree that all ballot styles will be programmed into one voting system. Leach voter will receive one ballot which contains all races and issues In tie 13ledtion for which the voter is eligible at the Address and its the procinct its which the voter is currently registered. Otte voter sign in process consisting of a oommon list of registered voters and common signature rosters shall be used in precincts ht which the county polling locations are used, (f) The Contracting Officer shall file copies of (his Contract with the Auditor and Treasurer of Ili Jefferson County not later than the 10 day from receipt of the dilly excottted Contract by Contracting Officer, (g) Jcffc►son Counly is self insured for personal liability issues. Should Political Subdivision dosire inst slice for injurles during this election or otlier liabilities, eulity shall make Stich 11111aligellU:nts separate from 111l8 Contract, (11)111 the event that the performance by Contracting Officer of ally of Its obligations hereunder shall be Interrupted or delayed by ally occurrence not occasioned by its owl] conduct, wheiher Such occuvretice be an act of God or tile, result of war, riot, civil commotion, sovereign conduct, or the. mot or condition of ally persons not a party thereof, then it shall be excused from such performance for such period of time as Is reasollably accessary after stroll occurroilee to remedy the offects thereof, (i) Tile parties to this Contract agree that a Political Subdivision may cancel this Contract in (he event that it lies no deed to conduct an election by 601' day before, Election bay, If Political Subdivision's election is cancelled after deadline-, a $300 Contract preparation mild processing fee will be due iti. addition to any costs incurred by Contraeling Officer on belialf of Politfcat Subdivision prior to said cancellation. (l) The Political Subdivisim has the option of extending the terms of this Contract through its runoff cicotion, if applicable. Political Subdivision may reduce the number of the adopted early voting locations andlor Election Day voting tooations ill which precincts are riot involved in a runoff election. hi (lie event of a runoff, which Political Subdivision wants Colill'acling Officer to conduct, Political Subdivision agrees to attempt to coordinate (lie (late with other entities partied}atilig it) this Joint Election, If Political Subdivision elects to have Contracting Officer condtict a 1littoff elections, (lie cost will be determined by (lie number of entities participating and (lie actual costs phis admillistrative fees. Political Subdivision will be responsible for all orders, notices, mud p0licallons required for their runoff except the publication of the public logic and accuracy test which Contracting Officer will publish, 6, WSPUTA 1 SOLDTION PROCEDURE The parties agree to use. dispute resolution process provided for in Chapter 2260 of (tic Texas GovcriinientCode, to attempt to resolve all disputes arising under tills Contract. El lien parry must give wXittell notiop, to the Other party of a cialm for breach of this Contract not later tima (lie 180111 day after (tie date of the event, giving rlso to the claim, By their execution of their Contract, the parties aclaiowledgo and knowingly alld voluntarily agree that tleitiler the execution of this Contract; no), the conduct, not or inaction by any person in the execution, adm!1listratioli, ar performance of this Contract collstitlitcs or is intended to constitute a waiver of the party's Insmmnity from suit with respect to oisitns of third parties. 7� 1• WIRE CONTRACT/AMENDMENT This Contract com(itutcs the entire Contract between Deaummit Imlepentlent School Dlstrfet ()< RS D), City of Bea►Inlmit, Port of Beatimont and Contracting Officer, This Contract may be amended only in writing and signed by the parties, 81 NOTICE Except as otherwise provided in this seotioa, all aotices, convents, approvals, demands, reques(, or other commullloatiolls provided for or pellilitted to be given litider ally of the pravisious of (ills C,ontraot sllall be in writing and shall be deellleti to have duly given or served when delivered 6 by haul delivery orwhen deposited In the U.S. mall by registered or certified mail, return receipt requested, postage prepaid, and addressed as set forth below or to sucli otlier person or address as may be given in writing by either party to the other In accordance with this section: DISM Dr. Shannon Allen Superintendent Beaumont Independent School Distrlet 3395 Harrison Beaumont, Texas 77706 CITY OF BEAUMONT-. PORT Or I EA DMONT: JRF RRSON COUNTY: Kenneth R. Williams City Manager City of 13 emmont, Texas 801 Main street Beaumont, Texas 77701 Mr. Pat Anderson President Port of Demu»ont 1225 Main Street Beaumont, 'Texas 77701 Roxanne Acosta-Holiberg Jefferson County Clerk P. O. Box 1151 Beaumont, TX 77704 IN WITNESS WHERBOr, each of the parties agrees to the terms of this Contract and has caused this Contract to he ox4uted on the day of , 2023. DISA: By: Attest: Name: C: IN WITNESS WHEREOF, each of (lie parties ��ces to the terns of this Contract and has causecl this Contract to be execti#ed on (lie 1+ day of r , 20Q CITY �OF'BE, A.UMiONT: Attcstx 7 Name: IN WITNESS WHEREOF) caeli of the pariies agrees to the terms of this Contract and has eallsed this Contract to be exectlted on the clay of � _ , 20 PORT Off' M1 A,UMONT: By; _ Name: Attest: IN WITNESS WH , MOF, each of Elie parties agrees to the terms of this Contract and leas caused this Contract to be executed on (lie — 2 IL -day of WArt.6b , 20 g23 Jefferson County) Texas -) - k .- e: oxanno Aeosta-Heilberg `` Title: Jefferson Cot►nty Cleric CONTRACT COSTS Voting Equipment Judoe's Booth Controller $330,00 eSlste $830.00 01sahie Access Unit (0AU) $396,00 Privacy Booth $20,00 Ballot Box $5,00 Communication Devlcns EATablet + WIN $125.00 Cell Phone $35,00 Mandatory Signs Large A -Frame (ID Required) $15,00 Large A -Frame (Notices) $15.00 PROGRAMMING COUNTY COST Z - 5 RACES $1,125,00 6 -10 RAGS $1,898,00 11-20 RACES $2,475.00 21-40 RACES $30135.00 41-75 RACES $3,960,00 75-100 RACES $4,704,00 BALLOT PRINTING COUNTY COST 8.5 X 11 $0,25 8,5 X 14 $0,27 8.5 K 17 $0.30 Semple Ballots $0.06 SUPPLIES ELECHON KITS j w Seals EV & Ea $45.00 Mail Ballots (Pet set) $2,80 Supply Bag Consumables (per location) $25.00 EARLY VOTING April 240 2023 w May 2, 2023 MayMmJ:lectlon —Gltywldo Polling- All precloctsmay vote at any Voto Center, (Efecclon vnlforme de mayo — futures de votaclon on todo la culdad -- Todos los preclntos pueden votor on cuolquier Centro de vataclon) G10010p.pay n0111110 Places Address City, State, zip code ocallzat fancs Wrscclon culdad, l staut), t:odlbo postal Rogers perk COMMUhity Center 6540 Gladys Ave Beauront, TX 77706 Jefferson County Courthouse (Lobby) Malli location loan Pearl st Beaumont, TX 77701 John Paul Davis Community Center 3580 P, Lucas Or Beaumont, TX 77703 Theodore Johns Library (Meeting Muni) 4255 Fannott Rd Beaumont, TX 77705 AA.TES AND HOURS VOR ALL ABOVE LOCATIONS: (Feo)rr►s y floras party Was las locnlizWoncs anteriores), April 24 — 28, 2023 Monday - Friday 8:00 aml. - 5,00 P.m. (Abril 24 -- 28, 2023) (!,ones Nlernes) April 29, 2023 Saturdny 8:00 a.m. - 5,00 p.rn. (Abril 29, 2023) (S(rbndo) April 30, 2023 S1111day 12.00 P.M. -- 5,00 p,m. (Abril 30, 2023) (Domingo) May t — 2, 2023 Monday — Toesday 7:00 n,m, -- 7:00 p,rn. (Mayo I -- 2, 2023) (].flues — Maries) ELECTION DAY May 6, 2023 May Joliet L1actlon —Citywide Pollfna— All preeltirts imay vote at any vote Center, Wecclon uniforme de rmoyo -- l.uoores de votaclon an todo to culdpd — Totlos los preclotos pue(len votar en cuolrluler centro de votoclom) Election PAY pluiling P1nCp5 l.ocallzaclones Amelia Elementary School (Gymnasium) Bi5n Adminisratlon Building (Boardroom) Dishman Elementary (Gymnasium) BISD Career Center (First Floor old Llbrary) Rogers Park Community Center Roy Guess Numentary (Hallway near Gymnasium) Alice Kelth Park Recreation Center Charlton -Pollard Elementary (Gymnaslum) Lamar University Montegne Center (Cardinal Club Room) Jefferson County Courthouse (Lobby)Mahi Poill ng Location MLK Middle School (Gymnaslum) John Paul Davis Community Center Sterling Pruitt Center (Multi -purpose Room) Theodore Johns Library (Meeting Room) Aodress City, State, Zip Codo 01recclon Culdad, Fstado, Godlo'o postal 565 S. Major Dr Beaumont, TX 77707 3355 Harrison Ave Beaumont, TX 77706 3475 Champlons Dr Beaumont, TX 77707 2330 North St. Beaumont, TX 77702 6540 Gladys Ave Beaumont, TX 77706 8055 Voth Rd. Beaumont, TX 7770a 4075 Highland Ave Beaumont, TX 77 705 825 Jackson St Beaumont, TX 77701 4401 S. MLK Pkwy Beaumont, TX 77705 1085 Pearl St Beaumont, TX 77701 1400 Avenue A Beaumont, TX 77701. 3580 E. Lucas Or Beaumont, TX 77703 2930GuIFSt Beaumont, TX 77703 4255 F'annett Rd Beaumont, TX 77705 r,RLST A.iV.i3' NDNMNT TO ELECTION SERVICES CONTRACT BEAUMONT XNDEX'ENDENT SCHOOL DISTRICT (BISD) CITY Off' BEAUMONT PORT OF BE, A,UMONT This First ,Amendment to die Contract made and entered into, by and behveen Jefferson County, hereinafter referred to as "County", aoting herein by and tiuough its County Judge and Commiaslo:rer's Cowt, joined herein by the County Election Of for, Xtoxonne Acosta- XXeMborg, County Clerly and Benrunout Tudepondout School District (BISD), CITY OF BEAUMONT AND PORT OFOUAUMONT hereinafter referred to as "political Subdivisions) on ltebn:ary 7, 2023;' WHERE, AS, the Parties desire to amend the February 7, 2023 as follows; Tins FIRST AMBNUMENT TO THE FBBRUARY 7, 2023, ELECTION SERVICES CONTRACT is entered into this ))* day of 2023. The Parties hereby substitute Exhibit "A" attached hereto and titled "CONTRACT COSTS," for Page 9, titled "CONTRACT COSTS," of the Pebmary 7, 2023, ELECTION SERVICES CONTRACT between the parties, All other tenus and conditions of the February 7, 2023, ELECTION SERVICES CONTRACT remain unohanged, IN 'WITNESS WHE, RE, OY, each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated Febmory 7, 2023, and has caused this Amendment to be executed on the day of 12023. BXSD: by: Nemec Attest: XN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to tho Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the day of , 2023. City of Benumont: Dye Attest; Name: A. AV 'WITNESS 'WF1%REOV, often of the parties agrees to Clio torxns of this First Axnon(hent to tho Election Services Contract dated Febmary 7, 2023, fmd fins caused this Amendment to be executed on the day of _ . 2023. PORT Off' BEAUMONT: By. Name; Attest. IN WITNESS 'WHE11%Or, each of the imflos agrees to the terms of this Vi st Amendment to the Election Services Contmet dated I+ebruEu•y 7, 2023, and has caused tlils Amendment to be executed on the. 2- 1 ' _ day of j Yl , __, 2023. jegp4e,:'04x ounty, Texas: Namnnuc Acosta-Hellberg Title: Jefferson County Clerk '2 CONTRACT COSTS, Voting Equipment DS200 Pall Place Scanner $859.00 CxpromVote $17100 rxprmsVote Q«ad Cart $210,00 OxpressVote Curbside Cart $44.00 05200 Express Cart $102100 Privacy Hooth $20.00 Ballot 13ox $5,00 Communication E S&S Pallbook + Printer+ Wifl $1U00 Cell Phone $35,00 Mandatory Signs Large A-i rnme (ID Requlred) Large A -Frame (Notices) County Programming Cost $15.00 $15.00 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--'/5 RACES $3,960.00 76-100 RACES $4,704,00 County Ballot Printing Cost 8.5 x 11 $0.25 8.5 x 14 $0.27 8.5 x 17 $0,30 Sample E340ts $0,05 Supplies' ELECTION KIPS /w Suals CV & Eta $45,00 Mail Ballots (Per get) $2,90 Supply tang Consumables (por location) $2-5,00 ISJxH "'T A 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 tluough 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 Vit day of rdd f IAnmA ,2023 by and between the Political Subdivision of Beaumont Independent School Dist i (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. (in) 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 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 60'1' 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 18011' day afterthe 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 k' day of Fe r ,20 6C`,'d . CITY OF BEAUMONT: 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 2 &-day of rroew,L, ,20 o?3 . Jefferson County,Texas yr ► 1.�1Gs�j,� e: oxanne 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 cualquler centro de votacion.) Election Day Polling Places' Address City,State,Zip Code, Localizaclones Direccion • ,:, Cuidad,Estado Codigo postal Rogers ParkCommunity 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) (Lanes-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 cualquler centro de votacion.) I'.lection Day,Polling Places _ - Address City,State,Zip Code Locallzaclones _ Dlreccion; - Cuidad,Estado,Codigo 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 • FIRST AMENDMENT TO ELECTION SERVICES CONTRACT BEAUMONT INDEPENDENT SCHOOL DISTRICT(BISD) CITY OF BEAUMONT PORT OF BEAUMONT This First Amendment to the 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) on February 7,2023." WHEREAS,the Parties desire to amend the February 7,2023 as follows; This FIRST AMENDMENT TO THE FEBRUARY 7, 2023, ELECTION SERVICES CONTRACT is entered into this 2)`'"day of , 2023. The Parties hereby substitute Exhibit "A" attached hereto and titled "CONTRACT COSTS," for Page 9, titled "CONTRACT COSTS,"of the February 7,2023,ELECTION SERVICES CONTRACT between the parties. All other terms and conditions of the February 7, 2023, ELECTION SERVICES CONTRACT remain unchanged. IN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the day of ,2023. BISD: By: Attest: Name: IN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to the Election Servi �Qntract dated Fe )11,2V3., , and has caused this Amendment to be 1executed on the day of ,2023. City of ➢ •aumont: B � et,))--P Attest:j1 & /1 MaocoR - Name: 1 • IN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the day of ,2023. • PORT OF BEAUMONT: . By: Attest: Name: IN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the 2 1 y` day of rrA° k ,2023. Jeff• ounty,Texas:-• Name: :oxanne Acosta-Hellberg Title: Jefferson County Clerk • • CONTRACT COSTS • Voting Equipment. DS200 Poll Place Scanner $359.00 ExpressVote $171.00 ExpressVote Quad Cart $210.00 ExpressVote Curbside Cart - . $44.00 DS200 Express Cart • $102.00 Privacy Booth $20.D0 Ballot Box • $5.00 Communication ES&S Pollbook+Printer+Wifi $111.00 Cell Phone $35.00 Mandatory Signs Large A-Frame(ID Required) $15.00 Large A-Frame(Notices) $15.00 County Programming 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 County Ballot Printing 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 • EXHIBIT A