HomeMy WebLinkAboutPO 6566: CONDUCT OF THE NOVEMBER 8, 2016 SPECIAL ELECTION, WHETHER OR NOT THE CITY CHARTER SHALL BE AMENDED , JOINT ELECTION AGREEMENT P. O. No. 6566
08/19/2016 SB
ORDINANCE NO.
AN ORDINANCE PERTAINING TO THE CONDUCT OF
THE NOVEMBER 8, 2016 SPECIAL ELECTION TO
SUBMIT A PROPOSITION AS TO WHETHER OR NOT THE
CITY CHARTER SHALL BE AMENDED IN THE CITY OF
PORT ARTHUR AND APPROVING A JOINT ELECTION
AGREEMENT
WHEREAS, pursuant to Ordinance 16-46, the City Council ordered a Special
Election to submit a proposition as to whether or not the City Charter shall be amended;
and
WHEREAS, a General Election is being held on November 8, 2016 by the County;
and
WHEREAS, the Jefferson County Clerk has proposed a Joint Election Agreement,
attached in substantially the same form as attached hereto as Exhibit "A", to coordinate,
supervise, and handle the Special Election as it General Election, as well as some of the
municipal and other local elections in Jefferson County; and
WHEREAS, there will be changes as to the voting locations and the hours, as
denoted in Exhibit "A"; and
WHEREAS, the early voting locations and hours are delineated in Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the conduct of the Special Election to submit a proposition as to
whether or not the City Charter shall be amended shall be delineated in the Joint Election
Agreement with Jefferson County, which is attached as Exhibit "A".
Section 3. That the Election Day and early voting polling locations and voting hours
shall be as delineated in Exhibit"A".
Section 4. That the City Manager shall sign the Joint Election Agreement in
substantially the same form as denoted in Exhibit "A".
Section 5. That the Mayor shall cause a Notice of Special Election to be published
in a form to be approved by the City Attorney, which may be consolidated with other entities
as to save costs.
Section 6. That this being an Ordinance amending an Ordinance which does not
carry a penalty, and does not require publication shall take effect immediately from and after
its passage.
Section 7. That any and all portions of Ordinance No. 16-46 in conflict herewith is
herein repealed as to the extent of the conflict only.
Section 8. That a copy of the caption of this Ordinance be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D., 2016,
at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
AYES:
Mayor ,
City Council
NOES: .
DERRICK FREEMAN, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APJIROVED AS TO FORM:
(110b-P "K) ,641-(6g6)
AL TIZENI CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
EXHIBIT "A"
rAt. N
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TEx's** JOINT ELECTION AGREEMENT
AND
ELECTION SERVICES CONTRACT
BETWEEN
JEFFERSON COUNTY
AND
THE CITY OF PORT ARTHUR, TEXAS
This agreement, made and entered into, by and between, Jefferson County, hereinafter referred to as
"County", acting herein by and through its County Judge and County Commissioners Court, and the
City of PORT ARTHUR, Texas hereinafter referred to as "Political Subdivision", acting herein by and
through its Board.
WHEREAS, County and Entity is required to conduct an election on November 8, 2016;
THIS CONTRACT is made this day of , 2016, by and between the Political
Subdivision of the City of PORT ARTHUR, Texas. hereinafter called "Political Subdivision" and Jefferson
County, Texas, by its County Elections Officer, Carolyn Guidry hereinafter called "Contracting Officer,"
pursuant to Texas Election Code Section 31.092. The parties agree to hold a November 8, 2016, Joint Election
with each other in accordance with Chapter 271 of the Texas Election Code and this Agreement. This
Agreement is entered into in consideration of the mutual covenants and promises hereinafter set out:
1. RECITALS. Contracting Officer is the County Clerk of Jefferson County, Texas, and is the County
Officer in charge of election duties. Political Subdivision is a political entity situated wholly or partially
within Jefferson County, Texas. Political Subdivision and Contracting Officer have determined that it is
in the public interest of Jefferson County voters that the following contract be made and entered into for
the purpose of having Contracting Officer furnish to Political Subdivision certain election services and
equipment needed by Political Subdivision in connection with the holding of its November 8, 2016,
Election. Jefferson County's certified Hart InterCivic electronic voting equipment is to be used in the
November 8, 2016, Joint Election, hereinafter called "Joint 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 required to
administer this Election. Jefferson County will make emergency appointments of election officials if
necessary. Compensate all election workers for time worked at the approved hourly rate by Commissioners'
Court.
(b)Arrange for poll worker training through a third party or conduct necessary training.Notify all early voting
and Election Day officials of the date,time and place thereof.
(c)Arrange for the use of early voting locations per the attached Exhibit A and Election Day polling locations
per the attached Exhibit B. 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 Noter 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 the 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.
Contracting Officer shall also publish a joint election notice one time in English and Spanish in Jefferson
County newspaper(s).
(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
Agreement and provide Political Subdivision a final invoice after the conduct of the election. Provide any
detailed backup to such invoice, if requested, reflecting the charges or components of the costs set forth on the
invoice submitted to Political Subdivision.
(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 fore-mention 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. 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 the early voting
locations used by the county which reside in the Political Subdivision jurisdictional boundaries with the
stipulation to add additional locations and adopt all early voting dates, and times recommended by the
Contracting Officer in accordance with the Texas Election Code. Political Subdivision shall adopt the
Election Day precinct polling locations on the attached Exhibit B 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 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 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 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) 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 Subdivision. Political Subdivision is
responsible for filing any precinct reports required by the Secretary of State.
(k) The deposit will be waived for this Election Agreement for all Political Subdivisions. All 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 and our duty to conduct federal, state, county elections and/or other contracted elections.
(b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is authorized to
contract with third persons for election services and supplies and is authorized to hire necessary temporary
personnel to perform contracted duties. Part-time personnel will be compensated at the hourly rate set by
Jefferson County.
(c)Political Subdivision acknowledges that electronic voting equipment is highly technical and it is
conceivable that, despite the best effort of the parties and technical assistance, it might fail during the election.
Contracting Officer will do whatever is possible to remedy the situation, but Political Subdivision agrees that
should such equipment fail, it will not make any claim for damages of any kind.
(d)Any qualified voter in the Joint Election may vote early by personal appearance at any of the joint early
voting locations or at any Vote Center/Polling Location on Election Day.
(e)Jefferson County Elections Department may contract with numerous political entities for the Joint Election,
and the parties agree that all ballot styles will be programmed into one electronic voting system. Each voter
will receive one ballot which contains all races and issues in the Joint Election for which the voter is eligible at
the address and in the precinct in which the voter is currently registered. One joint voter sign in process
consisting of a common list of registered voters and common signature rosters shall be used in precincts in
which the county polling locations are used.
(0 The Contracting Officer shall file copies of this Agreement with the Auditor and Treasurer of Jefferson
th
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 . If Political Subdivision's election is cancelled
after deadline, a$200 contract preparation and processing fee will be due in addition to any costs incurred by
Contracting Officer on behalf of Political Subdivision prior to said cancellation.
(j) The Political Subdivision has the option of extending the terms of this Agreement through its runoff
election, if applicable. Political Subdivision may reduce the number of the adopted early voting locations
and/or Election Day voting locations in which precincts are not involved in a runoff election. In the event of a
runoff which Political Subdivision wants Contracting Officer to conduct, Political Subdivision agrees to
attempt to coordinate the date with other entities participating in this Joint Election. If Political Subdivision
elects to have Contracting Officer conduct a runoff election, the cost will be determined by the number of
entities participating and the actual costs plus administrative fees. Political Subdivision will be responsible for
all orders, notices, and publications required for their runoff except the publication of the public logic and
accuracy test which Contracting Officer will publish.
6 DISPUTE RESOLUTION PROCEDURE
The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas Government
Code to attempt to resolve all disputes arising under this Agreement. Either party must give written notice to
the other party of a claim for breach of this Agreement not later than the 180th day after the date of the event,
giving rise to the claim. By their execution of their Agreement,the parties acknowledge and knowingly and
voluntarily agree that neither the execution of this Agreement; nor the conduct, act or inaction by any person
in the execution, administration, or performance of this Agreement constitutes or is intended to constitute a
waiver of the party's immunity from suit with respect to claims of third parties.
7 ENTIRE AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the City of Port Arthur 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 PORT ARTHUR,TEXAS
Brian McDougal, City Manager
P O BOX 1089
PORT ARTHUR, Texas 77641
JEFFERSON COUNTY: Carolyn L. Guidry, County Clerk
P. O. Box 1151
Beaumont, TX 77704
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this
Agreement to be executed on the of 2016.
City of PORT ARTHUR,Texas
By:
Name: Brian McDougal
Title: City Manager
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this
Agreement to be executed on the of 2016.
Jefferson County, Texas
By:
Name: Carolyn L. Guidry
Title: County Clerk
Attest:
(seal)
EXHIBIT "A"
To the Agreement
EARLY VOTING LOCATIONS:
Beaumont Courthouse-Main Location 1001 Pearl St. Beaumont, Texas
Port Arthur Sub-Courthouse 525 Lakeshore Dr., Port Arthur, Texas
Rogers Park Recreation Center 6540 Gladys, Beaumont, Texas
Port Arthur Public Library 4615 Ninth Ave., Port Arthur, Texas
Theodore Johns Library 4255 Fannett Rd., Beaumont, Texas
John Paul Davis Community Center 3580 E. Lucas, Beaumont, Texas
Marion & ED Hughes Public Library 2715 Nederland Ave., Nederland, Texas
Groves Recreation Center 6150 39th Street, Groves, Texas
Effie & Wilton Hebert Library 2025 Merriman Street, Port Neches, Texas
EXHIBIT " B"
To the Agreement
EXHIBIT -A
ELECTION PRECINCTS: POLLING PLACES:
Precincts Election Day Polling Address City, State &Zip
(precintos) Locations (Direccion) Code
(Localizacions)
ALL (todos) Amelia Elementary School 565 S. Major Dr. Beaumont, TX 77707
ALL (todos) Beaumont Municipal Airport 455 Keith Rd. Beaumont, TX 77713
ALL (todos) Bevil Oaks Civic Center 7390 Sweetgum Rd. Bevil Oaks, TX 77713
ALL (todos) BISD Administration Building 3395 Harrison Ave. Beaumont, TX 77706
ALL (todos) Calvary Baptist Church 3650 Dowlen Rd. Beaumont, TX 77706
ALL (todos) Dishman Elementary 3475 Champions Dr. Beaumont, TX 77707
ALL (todos) O. C. Mike Taylor Career Center 2330 North St. Beaumont, TX 77702
ALL (todos) Precinct 1 Service Center 20205 W. Hwy 90 China, TX 77613
ALL (todos) Rogers Park Community Center 6540 Gladys Ave. Beaumont, TX 77706
ALL (todos) Roy Guess Elementary 8055 Voth Rd. Beaumont, TX 77708
ALL (todos) Hebert Library 2025 Merriman St. Port Neches, TX
77651
ALL (todos) Central Gardens Fire Station 3707 Central Blvd. Nederland, TX 77627
ALL (todos) Groves Public Library 5600 West Groves, TX 77619
Washington
ALL (todos) Nederland City Hall 207 N. 12th St. Nederland, TX 77627
ALL (todos) Jerry Ware Airport Terminal 5000 Jerry Ware Dr. Beaumont, TX 77705
ALL (todos) J. P. 4 Bldg 19217 FM 365 Beaumont, TX 77704
ALL (todos) LaBelle-Fannett VFD 12880 FM 365 Beaumont, TX 77705
ALL (todos) Marion & Ed Hughes Public 2712 Nederland Ave. Nederland, TX 77627
Library
ALL (todos) Port Neches City Hall 1005 Merriman Port Neches, TX
77651
ALL (todos) Groves Activity Building 6150 39th St. Groves, TX 77619
ALL (todos) DeQueen Elementary 740 DeQueen Blvd. Port Arthur, TX 77640
ALL (todos) El Vista Community Center 615 Ellias St. Port Arthur, TX 77640
ALL (todos) Jefferson County Sub- 525 Lakeshore Dr. Port Arthur, TX 77640
Courthouse
ALL (todos) Memorial 9th Grade Academy 2441 61st St. Port Arthur, TX 77642
ALL (todos) O. W. Collins Retirement Center 4440 Gulfway Dr. Port Arthur, TX 77642
ALL (todos) Port Arthur Public Library 4615 9th Ave. Port Arthur, TX 77642
ALL (todos) Port Arthur Recreation Center 1308 9th Ave. Port Arthur, TX 77642
ALL (todos) R. L. Gabby Eldridge Center 5262 S. Gulfway Dr. Port Arthur, TX 77655
ALL (todos) Travis Elementary 1115 Lakeview Ave. Port Arthur, TX 77642
ALL (todos) Willie Ryman III Community 3248 39th St. Port Arthur, TX 77642
Center
ALL (todos) Alice Keith Park Recreation 4075 Highland Ave. Beaumont, TX 77705
Center
ALL (todos) Charlton-Pollard Elementary 825 Jackson St. Beaumont, TX 77701
ALL (todos) Dr. Mae Jones-Clark Elementary 3525 Cleveland St. Beaumont, TX 77703
ALL (todos) Hamshire Community Building 12393 2nd St. Hamshire, TX 77622
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ALL (todos) Jefferson County Courthouse 1001 Pearl St. Beaumont, TX 77701
ALL (todos) MLK Middle School 1400 Avenue A Beaumont, TX 77701
ALL (todos) John Paul Davis Community 3580 E. Lucas Dr. Beaumont, TX 77703
Center
ALL (todos) Precinct 4 Service Center 7780 E. Boyt Rd. Beaumont, TX 77713
ALL (todos) Sterling Pruitt Center 2930 Gulf St. Beaumont, TX 77703
ALL (todos) Theodore Johns Library 4255 Fannett Rd. Beaumont, TX 77705
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