HomeMy WebLinkAboutRES 15-032RESOLUTION NO. 15-032
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a joint Election Services
Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with the Port of Beaumont. The Agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
February 2015.
NFAJ6�
STATE()[ll[X/\H
COUNTY OF JFI`F1-,IkSON
ELECTION SERVICES &(IZ8EyN[NT
THIS CONTRACT iomade this __ day of' 2015, by and between the
[oUowing Political Subdivisions; City of BouurnonL Pod o[ 8cuunnon{. City of' Nederland,
Nederland Independent School District, City of Noone, City of Bevil Oaks, City of China
hereinafter called °Po|iiioo| Subdivision" and Jefferson County, Texas, by its County Elections
011Dccr, Carolyn Guidry hereinafter called ^^CunU.uoiing Officer," pursuant to Texas B\ocdun
Code Section 31.092.. This Agreement is entered into in coomidcndimnofiho mutual covenants
and promises hereinafter set out:
LRECITALS.
Contracting Officer is the County Clerk of Jefferson County. Texas, and is the County Officer in
charge o[c|ucdoo duties. Political Subdivision iaopolitical entity situated wholly orpartially within
Jefferson County, Texas. Pu|biou| Subdivisions and Contracting Officer have determined that It is in
the public interest u[]effeounCounty voters that the following contract be noudc and entered into
for the put -pose n[huviugContracting Officer furnish to Political Subdivisions certain election
services and equipment needed by Political Subdivision in connection with the holding ofits May
2015 Election. Jefferson County's certified Hart )n1croivic electronic voting equipment is to be
used inthe May 2015 Joint Election. The joining parties are the City of Beaumont, Port of'
Beaurnont, City of Nederland, Nederland Independent School District, City of Nome, City, of'Bevil
Oaks. and City o[Chinu
2. DUTIES AND SERVICES OF CONTRACTING OFFICER.
Contracting Officer shall be vcuponxih|c [orperforming the following duties and yhu|\ [urnioh the
f'ollowing services and equipment:
u. P,ocunc election kits and supplies and distribute to the precinct.judges and early voting
deputies. Obtain fromthe Tax —Assessor /Voter Registrar lists of registeredvoters to be
used in conducting the election in conformity with the boundaries of Political Subdivisions
and the election precincts established for the election. The Election Day list of'registcrcd
voters shall hcarranged iualphabetical order.
h. Prepare and test all electronic voting equipment, format ballot styles, secure audio, oversee
all equipment and voter registration dotu6unc pn`grunnrning,assure compliance xi\h
eqUipment Security requirements. Arrange For transport ot'equipi-nent to and fi-orn polling
EXHIBIT "A"
locations.
c. Serve as Early Voting Clerk for the Joint Flection 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 Subdivisions.
d. 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. Contracting Officer shall also publish a joint election notice one
time in English and Spanish in Jefferson County newspaper(s).
e. Arrange for the early ballot board, signature verification committee, and give and unofficial
hand count of paper ballot to the presiding judge by 7pm on Election Night,
(.Notify and coordinate presiding election judges, alternate judges, and all other election
officials in accordance with the Texas Election Code.
g. Arrange for the use of early voting location and Election Day polling locations
h. The Contracting Office is responsible for collecting the compensations sheets for the
election judges, clerks, and early voting ballot board. The Political Subdivision
will also pay the fore -mention for their services and time in accordance with
their rate of pay policy.
i. On the 7"' day after the election provide an official tabulated canvass of the electronic media
and paper ballots at the Counting Station administered by the Tabulation and Assistant
Tabulation supervisors.
j. 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
Subdivisions in a timely manner.
k. Serve as Custodian of Records for election records in Contracting Officer's custody and
provide for the 22month and permanent storage of said election records as provided by law.
1. Provide information services for voters and election officers.
m. Maintain accurate records of all expenses incurred in connection with the responsibilities
under this Agreement and provide Political Subdivision a final invoice after the conduct of
the election. Provide any detailed backup to such invoice, if requested, reflecting the
charges or components of the costs set forth on the invoice submitted to each Political
Subdivision.
n.Canvass the returns and declare the election results for Political Subdivision.
o. 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.
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 Joint Election which are required by the Texas Election Code and/or the Political
Subdivision's governing body, charter, ordinances, or other applicable laws. Execute a Joint
Election Agreement with Jefferson County for the purpose of sharing election equipment,
election officials, county precinct polling locations, and costs. 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 an
early voting locations used by the county which reside in the Political Subdivision
jurisdictional boundaries and adopt all early voting dates, and times recommended by the
Contracting Officer in accordance with the Texas Election Code. Political Subdivision may
adopt any of the Election Day precinct polling locations used for countywide voting 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 joint election notice and the public test notice that Contracting Officer shall publish. In
addition, if this election's polling locations are different than Political Subdivision's previous
election, Political Subdivision shall post notice at the entrance to any previous polling places in
its jurisdiction stating that the location has changed and provide the polling location and
address for those voters for this election, pursuant to Texas Election Code Section 43.062,
unless County has posted the change for their election. Educate the voters in Political
Subdivision as much as possible on early voting times and places and Election Day polling
locations.
(e) Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries,
county voting precincts and street details within those boundaries. Political Subdivision will
validate all boundaries are defined properly within .Jefferson County voter registration database,
maps and street lists with block ranges and odd/even/both indicators before the coding and
programming of the ballot begins. If changes are necessary after programming has started, the
Political Subdivision responsible will incur the cost of re -programming. Each Political
Subdivision must proof and approve all programming work done for the jurisdiction according
to the Timetable.
(f) Deliver to Contracting Officer, according to the attached Timetable, ballot language with
Spanish translations, candidate names or measures, the order in which they are to be printed on
the ballot with the exact form and spelling. Provide pronunciation for difficult names or words
to use on the audio recording. Timely review and sign off on ballot proofs.
(g) Any requests for early voting ballots to be voted by mail received by Political Subdivision
must be hand delivered or faxed to Contracting Officer on the day of receipt. If the application
is faxed, the original application must be mailed to Contracting Officer. Contracting Officer
will process applications, mail appropriate ballots, and tabulate. .
(h) 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.
(i) Political Subdivision is responsible for filing any precinct reports required by the Secretary
of State.
0) The deposit will be waived for this Election Agreement for all Political Subdivisions. All
cost will be assessed and a detailed billed will be rendered within 30 day 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.
4. COST OF SERVICES.
Political Subdivision shall share some expenses for the above services, supplies and equipment.
Only the actual expenses directly attributable to this Agreement and any prorated shared
expenses may be charged to Political Subdivision, plus a 10% administrative fee.
5. GENERAL CONDITIONS.
(a) The parties agree that the timing is critical on all duties in this Agreement. Lack of adherence
to any deadline in the Timetable without prior agreement of Contracting Officer may result in
cancellation of Contracting Officer's duties and obligations to conduct Political Subdivision's
election under this Agreement or, at the discretion of Contracting Officer, a late penalty
surcharge in an amount not to exceed 10% of the final election cost.
Adherence to the Timetable 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.
(b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is
authorized to contract with third persons for election services and supplies and is authorized to
hire necessary temporary personnel to perform contracted duties. Part-time personnel will be
compensated at the hourly rate set by Jefferson County.
(c) Political Subdivision acknowledges that electronic voting equipment is highly technical and
it is conceivable that, despite the best effort of the parties and technical assistance, it might fail
during the election. Contracting Officer will do whatever is possible to remedy the situation,
but Political Subdivision agrees that should such equipment fail, it will not make any claim for
damages of any kind.
(d) Any qualified voter in the Joint Election may vote early by personal appearance at any of
the joint early voting locations and any Vote Center on Election Day.
(e) Jefferson County Elections Department may contract with numerous political entities for the
Joint Election, and the parties agree that all ballot styles will be programmed into one electronic
voting system. Each voter will receive one ballot which contains all races and issues in the Joint
Election for which the voter is eligible at the address and in the precinct in which the voter is
currently registered. One joint voter sign in process consisting of a common list of registered
voters and common signature rosters shall be used in precincts in which the county polling
locations are used.
(f) The Contracting Officer shall file copies of this Agreement with the Auditor and 'Treasurer
th
of Jefferson County not later than the 10 day from receipt of the fully executed contract by
Contracting Officer.
(g) Jefferson County is self-insured for personal liability issues. Should Political Subdivision
desire insurance for injuries during this election or other liabilities, they shall make such
arrangements separate from this Agreement.
(h) In the event that the performance by Contracting Officer of any of its obligations hereunder
shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether
such occurrence be an act of God or the result of war, riot, civil commotion, sovereign conduct,
or the act or condition of any persons not a party thereof, then it shall be excused from such
performance for such period of time as is reasonably necessary after such occurrence to remedy
the effects thereof.
(i)The parties to this Agreement agree that Political Subdivision may cancel this Agreement in
the event that it has no need to conduct an election by March 5, 2013. If Political Subdivision's
election is cancelled after deadline in the Timetable, a $200 contract preparation and processing
fee will be due in addition to any costs incurred by Contracting Officer on behalf of Political
Subdivision prior to said cancellation.
(j) 'I'he Political Subdivision has the option of extending the terms of this Agreement through
its runoff election, if applicable. Political Subdivision may reduce the number of the adopted
early voting locations and/or Election Day voting locations in which precincts are not involved
in a runoff election. In the event of a runoff which Political Subdivision wants Contracting
Officer to conduct, Political Subdivision agrees to attempt to coordinate the date with other
entities participating in this Joint Election. If Political Subdivision elects to have Contracting
Officer conduct a runoff election, the cost will be determined by the number of entities
participating and the actual costs plus administrative fees. Political Subdivision will be
responsible for all orders, notices, and publications required for their runoff except the
publication of the public logic and accuracy test which Contracting Officer will publish.
6. DISPUTE RESOLUTION PROCEDURE
The pat -ties agree to use dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve all disputes arising under this Agreement. Either party
must give written notice to the other party of a claim for breach of this Agreement not later than
the 1801h day after the date of the event, giving rise to the claim. By their execution of their
Agreement, the parties acknowledge and knowingly and voluntarily agree that neither the
execution of this Agreement; nor the conduct, act or inaction by any person in the execution,
administration, or performance of this Agreement constitutes or is intended to constitute a
waiver of the party's immunity from suit with respect to claims of third parties.
7. ENTIRE AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between City of Beaumont, Port of Beaumont,
City of Nederland, Nederland Independent School District, City of Nome, City of Bevil Oaks,
City of China, and Jefferson County. This Agreement 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 Agreement shall be in writing and shall be deemed to have duly given or served when
delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail,
return receipt requested, postage prepaid, and addressed as set forth below or to such other
person or address as may be given in writing by either party to the other in accordance with this
section:
CITY OF BEAUMONT, TEXAS:
Kyle Hayes, City Manager
801 Main
Suite 300
Beaumont, TX 77701
PORT OF BEAUMONT, TEXAS
Chris Fisher, Port Director & CEO
P O Box 2297
Beaurnont, Texas 77704
CITY OF NEDERLAND
Christopher Duque, City Manager
P O Box 967
Nederland, Texas 77627
NEDERLAND INDEPENDENT SCHOOL DISTRICT
Melissa Wong, Business Manager
220 17`' Street
Nederland, Texas '77627
CITY OF NOME
David Studdert
15862 ND Street
Nome, Texas 77626
CITY OF BEVIL OAKS
The Honorable Becky Ford, Mayor
7525 Sweetgum Ln
Bevil Oaks, Texas 77713
CITY OF CHINA
The Honorable Ella Johnston -Leger
P O Box 248
China, Texas 77613-0248
JEFFERSON COUNTY:
Carolyn L. Guidry, County Clerk
P.O. Box 1151
Beaumont, TX 77704
IN WITNESS WHEREOF, the City of Beaumont agrees to the terms of this Agreement and
has caused this Agreement to be executed on the of --
2015
City of Beaumont, Texas
By_
Name: Kyle Hayes
Title: City Manager
Attest:
(seal)
IN WITNESS WHEREOF, the Port of Beaumont agrees to the terms of this Agreement and
has caused this Agreement to be executed on the of
2015.
Port of Beaumont, Texas
--
Name: Chris fisher
Title; Port Director & CEO
Attest:
(seal)
IN WITNESS WHEREOF, the City of Nederland agrees to the terms of this Agreement and
has caused this Agreement to be executed on the _ of _
2015.
City of Nederland, Texas
By
Name: Christopher Duque
Title: City Manager
Attest:
(seal)
IN WITNESS WHEREOF, Nederland Independent School District agrees to the terms of this
Agreement and has caused this Agreement to be executed on the _ of
2015.
Nederland Independent School District
By:
Name
Title:
Attest
Melissa Wong
Business Manager
(seal)
IN WITNESS WHEREOF, the City of Nome agrees to the terms of this Agreement and has
caused this Agreement to be executed on the of
2015.
City of Nome, Texas
By_ —
Name:
Title:
Attest:
(seal)
IN WITNESS WHEREOF, the City of Bevil Oaks agrees to the terms of this Agreement and
has caused this Agreement to be executed on the of
2015.
City of Bevil Oaks, Texas
By
Name: Becky Ford
Title: Mayor
Attest:
(seal)
IN WITNESS WHEREOF, the City of China agrees to the terms of this Agreement and has
caused this Agreement to be executed on the of
2015.
City of China, Texas
By_
Name: Ella Johnston -Leger
Title: Mayor
Attest:
(seal)
IN WITNESS WHEREOF, Jefferson County agrees to the terms of this Agreement and has
caused this Agreement to be executed on the of
2015.
Jefferson County, Texas
By: _
Name:
Title:
Attest
Carolyn L. Guidry
County Clerk
(seal)