R-08-02-14-9C1 - 2/14/2008 RESOLUTION NO. R-08-02-14-9C1
WHEREAS, the City of Round Rock wishes to enter into a contract
with the Williamson County Elections Administrator to conduct the May
10, 2008 election, and
WHEREAS, the Williamson County Elections Administrator has
submitted a proposed Election Services Contract ( "Contract" ) , and
WHEREAS, the City Council desires to enter into said Contract,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Election Services Contract with the Williamson
County Elections Administrator to conduct the May 10, 2008 election, a
copy of said Contract being attached hereto as Exhibit "A" and
incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 14th day of Februa 0 8
WEL , Mayo
ATTEST: City of Round Rock, Texas
41 - uj�u -
SARA L. WHITE, City Secretary
0:\wdox\RESOLUTI\RS0214C1.WPD/rmc
EXHIBIT
a
"All
CONTRACT FOR ELECTION SERVICES
THIS CONTRACT FOR ELECTION SERVICES (this "Contract") is made and entered into
by and between ELECTIONS ADMINISTRATOR OF WILLIAMSON COUNTY, TEXAS
("Contracting Officer"), and CITY OF ROUND ROCK (the "District"), pursuant to the authority under
§31.092(a)of the Texas Election Code.
RECITALS
WHEREAS,the District expects to call an election to be held on 10 May 2008 (the "Election");
WHEREAS, the District desires that certain election services for the Election be provided by the
Contracting Officer pursuant to Chapter 31, Subchapter D of the Texas Election Code; and
WHEREAS, the Contracting Officer and the District desire to enter into a contract setting out the
respective responsibilities of the parties;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set
forth, the parties to this Contract agree as follows with respect to the coordination, supervision, and
running of the Election:
I. PURPOSE; SCOPE; APPOINTMENT.
A. The purpose of this Contract is to maintain consistency and accessibility in voting
practices, polling places, and election procedures in order to best assist the voters of the District.
For purposes of this Contract, the term "Election" will include any resulting run-off, recount, or
election contest. If a run-off is necessary, the District will work with the Contracting Officer to
determine a mutually acceptable run-off date.
B. The Contracting Officer is hereby appointed to serve as the District's Election Officer
and Early Voting Clerk to conduct the Election. As District's Election Officer and Early Voting
Clerk, the Contracting Officer will coordinate, supervise, and conduct all aspects of administering
voting in connection with the Election in compliance with all applicable law, except as otherwise
provided in this Contract.
II. RESPONSIBILITIES OF CONTRACTING OFFICER. The Contracting Officer shall be
responsible for performing the following services and furnishing the following materials and equipment
in connection with the Election:
A. Nomination of Presiding Judges and Alternate Judges. Contracting Officer will recruit
and appoint all election workers. Such proposed presiding judges and alternate judges shall meet
the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election Code.
B. Notification to Presiding and Alternate Judges;Appointment of Clerks.
1. The Contracting Officer shall notify each presiding judge and alternate judge of
his or her appointment. The notification will also include the assigned polling location, the date
of the election school(s), the date and time of the election, the rate of compensation, the number
of election clerks the presiding judge may appoint, the eligibility requirements for election
workers, and the name of the presiding or alternate judge, as appropriate.
2. The Contracting Officer shall ensure that the presiding judges make the
appropriate election clerk appointments and notify the clerks of such appointments. The
presiding election judge of each polling place, however, will use his or her discretion to
determine when additional manpower is needed during peak voting hours. The Contracting
Officer will determine the number of clerks to work in the Central Counting Station and the
number of clerks to work on the balloting board.
3. The Contracting Officer shall notify each of the election judges and alternates of
their appointment and to the selection of Election Day clerks. Included in this notification will be
the number of clerks that each precinct should have in addition to the election judge and alternate
judge. The election judges and/or the alternates are responsible for recruiting and supervising
their clerks. Notification to the election judges and alternates shall be made no later than 15 April
2008.
C. Contracting with Third Parties. In accordance with §31.098 of the Texas Election Code,
the Contracting Officer is authorized to contract with third persons for election services and
supplies. The actual cost of such third-person services and supplies will be paid by the
Contracting Officer and reimbursed by the District.
D. Election School(s). The Contracting Officer shall be responsible for conducting one or
more, in his discretion, election schools to train the presiding judges, alternate judges, and in the
conduct of elections, including qualifying voters, provisional voting, and the counting of ballots.
The Contracting Officer shall determine the date, time, and place for such school(s) and notify the
presiding judges, alternate judges, and election clerks of such. The Contracting Officer may hold
the election school(s) on a Saturday in order to increase its availability to election workers who
are employed during the regular work week: If at all possible, such election schools shall be
conducted within the District's territory.
E. Election Supplies. The Contracting Officer shall procure, prepare, and distribute to the
presiding judges for use at the polling locations on Election Day (and to the Early Voting clerks
during Early Voting) the following election supplies: election kits (including the appropriate
envelopes, sample ballots, lists, forms, name tags, posters, and signage described in Chapters 51,
61, and 62, and Subchapter B of Chapter 66 of the Texas Election Code); pens; pencils; tape;
markers; paper clips; ballot box seals; sample ballots; tacks, and all consumable-type office
supplies necessary to hold an election.
F. Registered Voter List. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required by law. The Election
Day list of registered voters shall be arranged in alphabetical order by each precinct.
G. DREs. The Contracting Officer shall provide, at each polling location, at least one voting
station with a voting system that: (i) fully complies with applicable law relating to accessible
voting systems which make voting accessible for disabled voters; and(ii)provides a practical and
effective means for voters with physical disabilities to cast a secret ballot.
H. Precinct Ballot Counters and Transport Bags. The Contracting Officer shall make
available for use in the election, the appropriate number of Williamson County owned precinct
ballot counters and transport bags to carry election supplies. The precinct ballot counters and
transport bags will be returned to the Contracting Officer at the conclusion of the election. The
Contracting Officer shall have the precinct ballot counters and transport bags (containing election
supplies) ready to be picked up by each presiding judge, or the designee of the presiding judge,
prior to the early voting period(for early voting) and before Saturday, 10 May 2008 (for election
day voting) at 301 SE Inner Loop, Georgetown, Texas 78626 and shall notify each presiding
judge of the time such shall be ready.
I. Ballots. The Contracting Officer shall be responsible for the preparation, printing,
programming, and distribution of ballots and sample ballots, provided that the District will
prepare the text of such ballots as set forth in §III.E below. Without limiting the foregoing, the
Contracting Officer will be responsible for the programming of the direct recording electronic
voting devices (referred to as DREs) and the printing of ballots requested by mail. The
Contracting Officer shall be responsible for distributing the DREs along with the election
supplies. In addition, the Contracting Officer will prepare the paper and optical ballots for the
election. The ballots shall be in English with the Spanish translation included.
J. Early Voting. In accordance with §§31.096 and 31.097(b) of the Texas Election Code,
the Contracting Officer will serve as Early Voting Clerk for the election.
I. The Contracting Officer shall supervise and conduct Early Voting by mail and
personal appearance and shall secure personnel to serve as Early Voting Deputies. The
Contracting Officer shall work with the District in securing said personnel.
2. Early Voting by personal appearance for the election shall be conducted during
the hours and time period and at the locations listed in Exhibit "A", attached hereto and made a
part of this contract.
3. The Contracting Officer shall receive mail ballot applications on behalf of the
District. All applications for mail ballots shall be processed in accordance with Title 7 of the
Texas Election Code by the Contracting Officer or his deputies at 301 SE Inner Loop, PO Box
209, Georgetown, Texas 78627-0209. Applications for mail ballots erroneously mailed to the
District shall be faxed as promptly as possible to the Contracting Officer for timely processing.
The original application shall then be forwarded to the Contracting Officer for proper retention.
4. Early Voting ballots cast by personal appearance shall be secured and maintained
at 301 SE Inner Loop, Georgetown, TX and in accordance with Chapter 87 of the Texas Election
Code. The Early Voting Ballot Board shall meet at 301 SE Inner Loop, Ste 104, Georgetown,TX
on 10 May 2008.
K. Election Day Polling Locations. The Election Day polling locations are those listed in
Exhibit "B", attached hereto and made a part of this contract. The Contracting Officer shall
arrange for the use of all Election Day polling places and shall arrange for the setting up of all
polling locations for Election Day, including ensuring that each polling location has the necessary
tables, chairs, and voting booths. The District understands that the cost of services to be rendered
by the Contracting Officer includes a pro rata share of the cost of all employee services required
to provide access, security, or custodial services for the polling location(s).
L. Ballot Tabulation. The Early Voting Ballot Board shall be responsible for handling
ballot tabulation in accordance with statutory requirements and county policies, under the
auspices of the Contracting Officer, and will, thereafter, transport all election records to the
Contracting Officer.
M. Manual Counting. The Contracting Officer shall conduct a manual count as prescribed
by §127.201 of the Texas Election Code and submit a written report to the District in a timely
manner. The Secretary of State may waive this requirement. If applicable, a written report shall
be submitted to the Secretary of State as required by§127.201(E)of the aforementioned code.
N. Election Reports. The Contracting Officer shall prepare the unofficial tabulation of
precinct results under §66.056(x) of the Texas Election Code and shall provide a copy of the
tabulation to the District as soon as possible after the Contracting Officer has received the
precinct returns on Election Day night.
O. Custodian of Voted Ballots. The Contracting Officer is hereby appointed the custodian
of voted ballots and shall preserve them in accordance with Chapter 66 of the Texas Election
Code and other applicable law. After complying with the retention period, the Contracting
Officer shall forward election material, including voted ballots, to the District.
P. Schedule for Performance of Services. The Contracting Officer will perform all election
services in accordance and compliance with the time requirements set out in the Texas Election
Code.
Q. Compensation of Election Workers. The Contracting Officer will compensate all
election workers, including Election Day and Early Voting judges and clerks and judges for
election night and Early Voting returns, in accordance with the Contracting Officer's established
compensation policies.
III. .RESPONSIBILITIES OF THE DISTRICT. The District shall assume the following
responsibilities:
A. Applications for Mail Ballots. The District shall date stamp and then as promptly as possible fax
to the Contracting Officer all applications for mail ballots that it receives. Promptly thereafter,
the District shall deliver or send by mail the original mail ballot applications to the Contracting
Officer.
B. Election Orders, Election Notices, Canvass. The District will be responsible for
preparing, adopting, publishing, and posting all required election orders,resolutions, notices, and
other documents, including bilingual_ materials, evidencing action by the governing authority of
the District necessary to the conduct of the Election. The District will be responsible for
conducting the official canvass of the Election:
C. Ballot Text. The District will be responsible for preparing the text for the District's
official ballot in English and Spanish, or other languages as required by law. The District will
provide the Contracting Officer with a list of candidates or propositions showing the order and
the exact manner in which the candidates' names and the propositions are to appear on the official
ballot.
D. Custodian of Records. The Contracting Officer will serve as the custodian of voted
ballots as set forth in Section II.O above. The District will be responsible for having a District
representative serve as the custodian of all other election records.
E. Annual Voting Report. The District will be responsible for filing the its annual voting
system report to the Secretary of State as required ender Chapter 123 et seq. of the Texas Election
Code.
F. Pre-Clearance. The District shall prepare and submit to the U.S. Department of Justice
under the Federal Voting Rights Act of 1965, any required submissions on voting changes. The
Contracting Officer shall have no responsibility with respect to pre-clearance procedures.
IV. PAYMENT
In consideration for the services provided hereunder by the Contracting Officer, the District
agrees to pay the Contracting Officer its pro rata share of performing the services, including any
overtime incurred by the Contracting Officer's employees. The cost of the services to be
rendered by the Contracting Officer,for 22 Williamson County precincts is estimated to be $9000.
The District agrees to deposit with the Contracting Officer $ (67% of the estimated cost - $6000)
no later than 25 March 2008 to cover the estimated pro rata cost. As soon as reasonably possible
after Election Day, the Contracting Officer will submit an itemized invoice (properly supported
by time sheets, invoices, and receipts, as applicable) to the District for the actual expenses
directly attributable to the services provided to the District hereunder.
In the event the actual election costs exceed the District's deposit, the difference between the
actual costs and the deposit will be paid by the District within 30 days after receiving an itemized
invoice from the Contracting Officer. Payment shall be made by check payable to
WILLIAMSON COUNTY and mailed to:
Rick Barron
Elections Administrator
PO Box 209
Georgetown,TX 78627-0209
Any monies remaining after the payment.of all costs of elections bills, shall be the property of the
District and returned to it. If the District disputes any portion of the invoice, the District shall pay
the undisputed portion of the invoice, and the parties will discuss in good faith a resolution of the
disputed portion. Payments made by the District in meeting its obligations under this Contract
shall be made from current revenue funds available to the governing body of the District.
V. GENERAL PROVISIONS
A. Nontransferable Functions. In accordance with §31.096 of the Texas Election Code,
nothing in this contract shall be construed as changing:
1. the authority with whom applications of candidates for a place on the ballot are
filed;
2. the authority with whom documents relating to political funds and campaigns
under Title 15 of the Texas Election Code are filed; or
3. the authority to serve as custodian of election records, except that the Contracting
Officer,will serve as the custodian of voted ballots as set forth in §II.O above.
B. Cancellation of Election. If the District cancels its election pursuant to §2.053 of the
Texas Election Code, the Contracting Officer shall only be entitled to receive the actual expenses
incurred before the date of cancellation in connection with the election and an cancellation fee of
$50. The Contracting Officer shall submit an invoice for such expenses (properly supported as
described in Article IV above) as soon as reasonably possible after the cancellation and the
District shall make payment therefore in a manner similar to that set forth in Article IV above.
The Contracting Officer agrees to use reasonable diligence not to incur major costs in connection
with election preparations until it is known that the election will be held, unless the District
authorizes such major costs in writing.
C. Contract Copies to Treasurer and Auditor. In accordance with §31.099 of the Texas
Election Code, the Contracting Officer agrees to file copies of this contract with the County
Treasurer of Williamson County, Texas and the County Auditor of Williamson County, Texas.
D. Representatives. For purposes of implementing this contract and coordinating activities
hereunder, the District and the Contracting Officer designate the following individuals, and
whenever the contract requires submission of information or documents or notice to the District
or the Contracting Officer,respectively, submission or notice shall be to these individuals:
For the District: For the Contracting Officer:
Sara White Rick Barron
City Secretary Elections Administrator
City of Round Rock Williamson County
221 E.Main Street PO Box 209
Round Rock,TX 78664 Georgetown,TX 78627
Tel: (512)218-5404 Tel: (512) 943-1622
E. Amendment/Modification. Except as otherwise provided, this Contract may not be
amended, modified, or changed in any respect whatsoever, except in writing, duly executed by
the parties hereto. No official, representative, agent, or employee of Williamson County has any
authority to modify this Contract except pursuant to such expressed authorization as may be
granted by the Commissioners Court of Williamson County, Texas. No official, representative,
agent, or employee of the District has any authority to modify this Contract except pursuant to
such expressed authorization as may be granted by the governing body of the District. Both the
Contracting Officer and the District may propose necessary amendments or modifications to this
Contract in writing in order to conduct the Election smoothly and efficiently, except that any such
proposals must be approved by the Contracting Officer and the governing body of the District,
respectfully.
F. Entire Agreement. This Contract contains the entire agreement of the parties relating to
the rights herein granted and the obligations herein assumed and supersedes all prior agreements,
including prior election services contracts and prior agreements to conduct joint elections. Any
prior agreements, promises, negotiations, or representations not expressly contained in this
Contract are of no force and effect. Any oral representations or modifications concerning this
Contract shall be of no force or effect, excepting a subsequent modification in writing as provided
herein.
G. Severability. If any provision of this Contract is found to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability
shall not affect the remaining provisions of this Contract; and, parties to this Contract shall
perform their obligations under this Contract in accordance with the intent of the parties to this
Contract as expressed in the terms and provisions of this Contract.
H. Third Party Beneficiaries. Except as otherwise provided herein, nothing in this
Contract, expressed or implied, is intended to confer upon any person, other than the parties
hereto, any benefits,rights or remedies under or by reason of this Contract.
WITNESS BY MY HAND THIS THE DAY OF , 2008.
CONTRACTING OFFICER,-
Rick
FFICER:Rick Barron,Elections Administrator
Williamson County, Texas
WITNESS BY MY HAND THIS THE DAY OF , 2008.
(SEAL)
THE DISTRICT:
CITY OF ROUND ROCK
Nyle Maxwell,Mayor
ATTEST:
SaraL. White,City Secretary
[EXHIBIT
A
DRAFT
EARLY VOTING SCHEDULE
(HORARIO DE LA VOTACION ADELANTADA)
JOINT GENERAL SPECIAL ELECTIONS - MAY 10 2008
(ELECCIONES GENERALES Y ESPECIALES CONJUNTAS— 10 DE MAYO DEL 2008)
DATES AND TIMES FOR FULL-TIME LOCATIONS:
(FECHAS Y HORARIOS DE LAS LOCALIDADES DE TIEMPO COMPLETO)
April 28 through May 6 (Del 28 de abril al 6 de mayo)
7:00 a.m. to 7:00 p.m. Weekdays and Saturday (7:00 a.m. - 7:00 p.m. Lunes a Sabado)
Noon -6:00 p.m. on Sunday (12:00 p.m. - 6:00 p.m. Domingo)
FULL-TIME LOCATIONS:
(LOCALIDADES DE TIEMPO COMPLETO)
Main Location: Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown 78626
(Localidad Central: Anexo del Condado de Williamson, 301 SE Inner Loop, Georgetown 78626)
Branch Locations (Otras localidades):
Georgetown ISD Admin Bldg, 603 Lakeway Dr., Georgetown 78628
(Edificio Administrativo del Distrito Escolar Independiente de Georgetown, 603 Lakeway Dr., Georgetown 78628)
Sun City Social Center, 2 Texas Dr., Georgetown 78628
(Centro Social de Sun City, 2 Texas Dr., Georgetown 78628)
Clay Madsen Recreation Center, 1600 Gattis School Road, Round Rock 78664
(Centro Recreacional Clay Madsen, 1600 Gattis School Road, Round Rock 78664)
McConico Building, 301 W. Bagdad St., Round Rock 78664
(Edificio McConico, 301 W. Bagdad St., Round Rock 78664)
Brushy Creek Community Center, 16318 Great Oaks Dr., Round Rock 78681
(Centro Comunitario de Brushy Creek, 16318 Great Oaks Dr., Round Rock 78681)
Round Rock ISD Administration Building, 1311 Round Rock Ave., Round Rock 78681
(Edif. Administrativo del Distrito Escolar Independiente de Round Rock, 1311 Round Rock Ave., Round Rock 7868 1)
Round Rock ISD Performing Arts Center, 1800 McNeil Dr., Round Rock 78729
(Centro de Interpretacion de las Artes del Distrito Esc. Indep. de Round Rock, 1800 McNeil Dr., Round Rock 78729)
Anderson Mill Municipal Utility District, 11500 El Salido Parkway,Austin 78681
(Servicios Publicos Municipales del Distrito Anderson Mill, 11500 EI Salido Parkway, Austin 78681
Austin Community College Campus, 1555 Cypress Creek Rd., Cedar Park 78613
(Campus del Colegio de la Comunidad de Austin, 1555 Cypress Creek Rd., Cedar Park 78613)
May 08/EV Page 1 of 2 Pages 13108
Cedar Park Public Library, 550 Discovery Blvd., Cedar Park 78613
(Biblioteca Publica de Cedar Park, 550 Discovery Blvd., Cedar Park 78613)
Taylor City Hall, 400 Porter St.,Taylor 76574
(Sala de la Ciudad de Taylor, 400 Porter St., 400, Taylor 76574)
Pat Bryson Municipal Hall, 201 N. Brushy, Leander 78641
(Sala Municipal Pat Bryson, 201 N. Brushy, Leander 78641)
PART-TIME LOCATION, DATES, AND TIMES:
(FECHAS Y HORARIOS DE LAS LOCALIDADES DE TIEMPO LIMITADO)
Hutto City Hall, 401 W. Front St., Hutto 78634
(Sala de la Ciudad de Hutto, 401 W. Front St., Hutto 78634)
Saturday May 3 7 a.m. to 7 p.m.
Sabado 3 de mayo 7 a.m. - 7 p.m.
Sunday May 4 Noon—6 p.m.
Domingo 4 de mayo 12 p.m. — 6 p.m.
Monday—Tuesday May 5-6 7 a.m. to 7 p.m.
Lunes y Martes 5 y 6 de mayo 7 a.m. — 7 p.m.
Liberty Hill City Hall, 2801 RR 1869, Liberty Hill 78642
(Sala de la Ciudad de Liberty Hill, 2801 RR 1869, Liberty Hill 78642)
Monday May 5 11 a.m.—6 p.m.
Lunes 5 de mayo 11 a.m. — 6 p.m.
Tuesday May 6 7 a.m.—7 p.m.
Martes 6 de mayo 7 a.m. — 7 p.m
RURAL TEMPORARY LOCATIONS DATES AND TIMES:
(Fechas y Horarios de las Localidades Rurales Temporales)
Thrall VFD,210 Main St., Thrall 76578 Thursday May 1 11 a.m.—6 p.m.
(Voluntarios del Departamento de Bomberos de Thrall Jueves 1 de mayo 11 a.m. —6 p.m.
210 Main St., Thrall 76578)
Granger City Hall, 214 E. Davilla, Granger 76530 Friday May 2 11 a.m.—6 p.m.
(Sala de la Ciudad de Granger, 214 E. Davilla, Granger 76530) Viernes 2 de mayo 11 a.m. —6 p.m.
Florence VFD, 301 S. Patterson, Florence 76527 Monday May 5 11 a.m.—6 p.m.
(Voluntarios del Departamento de Bomberos de Florence Lunes 5 de mayo 11 a.m.—6 p.m.
301 S. Patterson, Florence 76527)
Jarrell Memorial Park, 1651 CR 305,Jarrell 76537 Tuesday May 6 11 a.m.—6 p.m.
(Memorial Park de Jarrel, 1651 CR 305, Jarrel 76537) Martes 6 de mayo 11 a.m. —6 p.m.
May 08/EV Page 2 of 2 Pages 13108
Taylor ISD Special Mobile Teams
April 28th -- Naomi Pasemann Elementary 6 PM —9 PM
April 29th --Naomi Pasemann Elementary 6 PM—9PM
May 5th --Taylor High School &T.H. Johnson Elementary 6 PM —9PM
May 6th --Taylor Middle School 6 PM —9 PM
SUBJECT TO CHANGE
(SUJETO A CAMBIO)
May 08/EV Page 3 of 2 Pages 13108
DATE: February 7, 2008
SUBJECT: City Council Meeting - February 14, 2008
ITEM: 9C1. Consider a resolution authorizing the Mayor to execute an Election
Services Contract with the Williamson County Elections Administrator
for the May 10, 2008 City Election.
Department: Administration
Staff Person: Sara White, City Secretary
Justification:
This contract is for election services from the Williamson County Election Administrator for
the May 10, 2008 City Election. The agreement outlines the responsibilities of the
Administrator and the City for the election.
Funding:
Cost: $11,000 (estimate)
Source of funds: Operating Budget
Outside Resources: N/A
Background Information:
The Election Administrator for Williamson County has been conducting the City's elections
since 1991.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CONTRACT FOR ELECTION SERVICES
THIS CONTRACT FOR ELECTION SERVICES (this "Contract") is made and entered into
by and between ELECTIONS ADMINISTRATOR OF WILLIAMSON COUNTY, TEXAS
("Contracting Officer"), and CITY OF ROUND ROCK(the "District"), pursuant to the authority under
§31.092(a)of the Texas Election Code.
RECITALS
WHEREAS,the District expects to call an election to be held on 10 May 2008 (the"Election");
WHEREAS, the District desires that certain election services for the Election be provided by the
Contracting Officer pursuant to Chapter 31, Subchapter D of the Texas Election Code; and
WHEREAS, the Contracting Officer and the District desire to enter into a contract setting out the
respective responsibilities of the parties;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set
forth, the parties to this Contract agree as follows with respect to the coordination, supervision, and
running of the Election:
I. PURPOSE; SCOPE; APPOINTMENT.
A. The purpose of this Contract is to maintain consistency and accessibility in voting
practices, polling places, and election procedures in order to best assist the voters of the District.
For purposes of this Contract, the term "Election" will include any resulting run-off, recount, or
election contest. If a run-off is necessary, the District will work with the Contracting Officer to
determine a mutually acceptable run-off date.
B. The Contracting Officer is hereby appointed to serve as the District's Election Officer
and Early Voting Clerk to conduct the Election. As District's Election Officer and Early Voting
Clerk, the Contracting Officer will coordinate, supervise, and conduct all aspects of administering
voting in connection with the Election in compliance with all applicable law, except as otherwise
provided in this Contract.
II. RESPONSIBILITIES OF CONTRACTING OFFICER. The Contracting Officer shall be
responsible for performing the following services and furnishing the following materials and equipment
in connection with the Election:
A. Nomination of Presiding Judges and Alternate Judges. Contracting Officer will recruit
and appoint all election workers. Such proposed presiding judges and alternate judges shall meet
the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election Code.
B. Notification to Presiding and Alternate Judges;Appointment of Clerks.
1. The Contracting Officer shall notify each presiding judge and alternate judge of
his or her appointment. The notification will also include the assigned polling location, the date
of the election school(s), the date and time of the election, the rate of compensation, the number
of election clerks the presiding judge may appoint, the eligibility requirements for election
workers, and the name of the presiding or alternate judge, as appropriate.
2. The Contracting Officer shall ensure that the presiding judges make the
appropriate election clerk appointments and notify the clerks of such appointments. The
presiding election judge of each polling place, however, will use his or her discretion to
determine when additional manpower is needed during peak voting hours. The Contracting
Officer will determine the number of clerks to work in the Central Counting Station and the
number of clerks to work on the balloting board.
3. The Contracting Officer shall notify each of the election judges and alternates of
their appointment and to the selection of Election Day clerks. Included in this notification will be
the number of clerks that each precinct should have in addition to the election judge and alternate
judge. The election judges and/or the alternates are responsible for recruiting and supervising
their clerks. Notification to the election judges and alternates shall be made no later than 15 April
2008.
C. Contracting with Third Parties. In accordance with §31.098 of the Texas Election Code,
the Contracting Officer is authorized to contract with third persons for election services and
supplies. The actual cost of such third-person services and supplies will be paid by the
Contracting Officer and reimbursed by the District.
D. Election School(s). The Contracting Officer shall be responsible for conducting one or
more, in his discretion, election schools to train the presiding judges, alternate judges, and in the
conduct of elections, including qualifying voters, provisional voting, and the counting of ballots.
The Contracting Officer shall determine the date, time, and place for such school(s) and notify the
presiding judges, alternate judges, and election clerks of such. The Contracting Officer may hold
the election school(s) on a Saturday in order to increase its availability to election workers who
are employed during the regular work week. If at all possible, such election schools shall be
conducted within the District's territory.
E. Election Supplies. The Contracting Officer shall procure, prepare, and distribute to the
presiding judges for use at the polling locations on Election Day (and to the Early Voting clerks
during Early Voting) the following election supplies: election kits (including the appropriate
envelopes, sample ballots, lists, forms, name tags, posters, and signage described in Chapters 51,
61, and 62, and Subchapter B of Chapter 66 of the Texas Election Code); pens; pencils; tape;
markers; paper clips; ballot box seals; sample ballots; tacks, and all consumable-type office
supplies necessary to hold an election.
F. Registered Voter List. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required by law. The Election
Day list of registered voters shall be arranged in alphabetical order by each precinct.
G. DREs. The Contracting Officer shall provide, at each polling location, at least one voting
station with a voting system that: (i) fully complies with applicable law relating to accessible
voting systems which make voting accessible for disabled voters; and (ii)provides a practical and
effective means for voters with physical disabilities to cast a secret ballot.
H. Precinct Ballot Counters and Transport Bags. The Contracting Officer shall make
available for use in the election, the appropriate number of Williamson County owned precinct
ballot counters and transport bags to carry election supplies. The precinct ballot counters and
transport bags will be returned to the Contracting Officer at the conclusion of the election. The
Contracting Officer shall have the precinct ballot counters and transport bags (containing election
supplies) ready to be picked up by each presiding judge, or the designee of the presiding judge,
prior to the early voting period (for early voting) and before Saturday, 10 May 2008 (for election
day voting) at 301 SE Inner Loop, Georgetown, Texas 78626 and shall notify each presiding
judge of the time such shall be ready.
I. Ballots. The Contracting Officer shall be responsible for the preparation, printing,
programming, and distribution of ballots and sample ballots, provided that the District will
prepare the text of such ballots as set forth in §III.E below. Without limiting the foregoing, the
Contracting Officer will be responsible for the programming of the direct recording electronic
voting devices (referred to as DREs) and the printing of ballots requested by mail. The
Contracting Officer shall be responsible for distributing the DREs along with the election
supplies. In addition, the Contracting Officer will prepare the paper and optical ballots for the
election. The ballots shall be in English with the Spanish translation included.
J. Early Voting. In accordance with §§31.096 and 31.097(b) of the Texas Election Code,
the Contracting Officer will serve as Early Voting Clerk for the election.
1. The Contracting Officer shall supervise and conduct Early Voting by mail and
personal appearance and shall secure personnel to serve as Early Voting Deputies. The
Contracting Officer shall work with the District in securing said personnel.
2. Early Voting by personal appearance for the election shall be conducted during
the hours and time period and at the locations listed in Exhibit "A", attached hereto and made a
part of this contract.
3. The Contracting Officer shall receive mail ballot applications on behalf of the
District. All applications for mail ballots shall be processed in accordance with Title 7 of the
Texas Election Code by the Contracting Officer or his deputies at 301 SE Inner Loop, PO Box
209, Georgetown, Texas 78627-0209. Applications for mail ballots erroneously mailed to the
District shall be faxed as promptly as possible to the Contracting Officer for timely processing.
The original application shall then be forwarded to the Contracting Officer for proper retention.
4. Early Voting ballots cast by personal appearance shall be secured and maintained
at 301 SE Inner Loop, Georgetown, TX and in accordance with Chapter 87 of the Texas Election
Code. The Early Voting Ballot Board shall meet at 301 SE Inner Loop, Ste 104, Georgetown,TX
on 10 May 2008.
K. Election Day Polling Locations. The Election Day polling locations are those listed in
Exhibit "B", attached hereto and made a part of this contract. The Contracting Officer shall
arrange for the use of all Election Day polling places and shall arrange for the setting up of all
polling locations for Election Day, including ensuring that each polling location has the necessary
tables, chairs, and voting booths. The District understands that the cost of services to be rendered
by the Contracting Officer includes a pro rata share of the cost of all employee services required
to provide access, security, or custodial services for the polling location(s).
L. Ballot Tabulation. The Early Voting Ballot Board shall be responsible for handling
ballot tabulation in accordance with statutory requirements and county policies, under the
auspices of the Contracting Officer, and will, thereafter, transport all election records to the
Contracting Officer.
M. Manual Counting. The Contracting Officer shall conduct a manual count as prescribed
by §127.201 of the Texas Election Code and submit a written report to the District in a timely
manner. The Secretary of State may waive this requirement. If applicable, a written report shall
be submitted to the Secretary of State as required by§127.201(E) of the aforementioned code.
N. Election Deports. The Contracting Officer shall prepare the unofficial tabulation of
precinct results under §66.056(x) of the Texas Election Code and shall provide a copy of the
tabulation to the District as soon as possible after the Contracting Officer has received the
precinct returns on Election Day night.
O. Custodian of Voted Ballots. The Contracting Officer is hereby appointed the custodian
of voted ballots and shall preserve them in accordance with Chapter 66 of the Texas Election
Code and other applicable law. After complying with the retention period, the Contracting
Officer shall forward election material, including voted ballots, to the District.
P. Schedule for Performance of Services. The Contracting Officer will perform all election
services in accordance and compliance with the time requirements set out in the Texas Election
Code.
Q. Compensation of Election Workers. The Contracting Officer will compensate all
election workers, including Election Day and Early Voting judges and clerks and judges for
election night and Early Voting returns, in accordance with the Contracting Officer's established
compensation policies.
III. RESPONSIBILITIES OF THE DISTRICT. The District shall assume the following
responsibilities:
A. Applications for Mail Ballots. The District shall date stamp and then as promptly as possible fax
to the Contracting Officer all applications for mail ballots that it receives. Promptly thereafter,
the District shall deliver or send by mail the original mail ballot applications to the Contracting
Officer.
B. Election Orders, Election Notices, Canvass. The District will be responsible for
preparing, adopting, publishing, and posting all required election orders, resolutions, notices, and
other documents, including bilingual materials, evidencing action by the governing authority of
the District necessary to the conduct of the Election. The District will be responsible for
conducting the official canvass of the Election..
C. Ballot Text. The District will be responsible for preparing the text for the District's
official ballot in English and Spanish, or other languages as required by law. The District will
provide the Contracting Officer with a list of candidates or propositions showing the order and
the exact manner in which the candidates' names and the propositions are to appear on the official
ballot.
D. Custodian of Records. The Contracting Officer will serve as the custodian of voted
ballots as set forth in Section II.O above. The District will be responsible for having a District
representative serve as the custodian of all other election records.
E. Annual Voting Report. The District will be responsible for filing the its annual voting
system report to the Secretary of State as required under Chapter 123 et seq. of the Texas Election
Code.
F. Pre-Clearance. The District shall prepare and submit to the U.S. Department of Justice
under the Federal Voting Rights Act of 1965, any required submissions on voting changes. The
Contracting Officer shall have no responsibility with respect to pre-clearance procedures.
IV. PAYMENT
In consideration for the services provided hereunder by the Contracting Officer, the District
agrees to pay the Contracting Officer its pro rata share of performing the services, including any
overtime incurred by the Contracting Officer's employees. The cost of the services to be
rendered by the Contracting Officer for 22 Williamson County precincts is estimated to be $9000.
The District agrees to deposit with the Contracting Officer $ (67% of the estimated cost - $6000)
no later than 25 March 2008 to cover the estimated pro rata cost. As soon as reasonably possible
after Election Day, the Contracting Officer will submit an itemized invoice (properly supported
by time sheets, invoices, and receipts, as applicable) to the District for the actual expenses
directly attributable to the services provided to the District hereunder.
In the event the actual election costs exceed the District's deposit, the difference between the
actual costs and the deposit will be paid by the District within 30 days after receiving an itemized
invoice from the Contracting Officer. Payment shall be made by check payable to
WILLIAMSON COUNTY and mailed to:
Rick Barron
Elections Administrator
PO Box 209
Georgetown,TX 78627-0209
Any monies remaining after the payment of all costs of elections bills, shall be the property of the
District and returned to it. If the District disputes any portion of the invoice, the District shall pay
the undisputed portion of the invoice, and the parties will discuss in good faith a resolution of the
disputed portion. Payments made by the District in meeting its obligations under this Contract
shall be made from current revenue funds available to the governing body of the District.
V. GENERAL PROVISIONS
A. Nontransferable Functions. In accordance with §31.096 of the Texas Election Code,
nothing in this contract shall.be construed as changing:
filed; 1. the authority with whom applications of candidates for a place on the ballot are
2. the authority with whom documents relating to political funds and campaigns
under Title 15 of the Texas Election Code are filed; or
3. the authority to serve as custodian of election records, except that the Contracting
Officer,will serve as the custodian of voted ballots as set forth in §II.O above.
B. Cancellation of Election. If the District cancels its election pursuant to §2.053 of the
Texas Election Code, the Contracting Officer shall only be entitled to receive the actual expenses
incurred before the date of cancellation in connection with the election and an cancellation fee of
$50. The Contracting Officer shall submit an invoice for such expenses (properly supported as
described in Article IV above) as soon as reasonably possible after the cancellation and the
District shall make payment therefore in a manner similar to that set forth in Article IV above.
The Contracting Officer agrees to use reasonable diligence not to incur major costs in connection
with election preparations until it is known that the election will be held, unless the District
authorizes such major costs in writing.
C. Contract Copies to Treasurer and Auditor. In accordance with §31.099 of the Texas
Election Code, the Contracting Officer agrees to file copies of this contract with the County
Treasurer of Williamson County, Texas and the County Auditor of Williamson County, Texas.,
D. Representatives. For purposes of implementing this contract and coordinating activities
hereunder, the District and the Contracting Officer designate the following individuals, and
whenever the contract requires submission of information or documents or notice to the District
or the Contracting Officer,respectively, submission or notice shall be to these individuals:
For the District: For the Contracting Officer:
Sara White Rick Barron
City Secretary Elections Administrator
City of Round Rock Williamson County
221 E. Main Street PO Box 209
Round Rock, TX 78664 Georgetown, TX 78627
Tel: (512)218-5404 Tel: (512) 943-1622
E. Amendment/Modification. Except as otherwise provided, this Contract may not be
amended, modified, or changed in any respect whatsoever, except in writing, duly executed by
the parties hereto. No official, representative, agent, or employee of Williamson County has any
authority to modify this Contract except pursuant to such expressed authorization as may be
granted by the Commissioners Court of Williamson County, Texas. No official, representative,
agent, or employee of the District has any authority to modify this Contract except pursuant to
such expressed authorization as may be granted by the governing body of the District. Both the
Contracting Officer and the District may propose necessary amendments or modifications to this
Contract in writing in order to conduct the Election smoothly and efficiently, except that any such
proposals must be approved by the Contracting Officer and the governing body of the District,
respectfully.
F. Entire Agreement. This Contract contains the entire agreement of the parties relating to
the rights herein granted and the obligations herein assumed and supersedes all prior agreements,
including prior election services contracts and prior agreements to conduct joint elections. Any
prior agreements, promises, negotiations, or representations not expressly contained in this
Contract are of no force and effect. Any oral representations or modifications concerning this
Contract shall be of no force or effect, excepting a subsequent modification in writing as provided
herein.
G. Severability. If any provision of this Contract is found to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability
shall not affect the remaining provisions of this Contract; and, parties to this Contract shall
perform their obligations under this Contract in accordance with the intent of the parties to this
Contract as expressed in the terms and provisions of this Contract.
H. Third Party Beneficiaries. EXcept as otherwise provided herein, nothing in this
Contract, expressed or implied, is intended to confer upon any person, other than the parties
hereto, any benefits,rights or remedies under or by reason of this Contract.
WITNESS BY MY HAND THIS T
HE DAY OF F. 2008.
CONTRACTING OFFICER:
Rick Barron, Ele ons Ad nistrator
Williamson County,
WITNESS BY MY HAND THIS THE DAY OF
2008.
(SEAL)
THE DISTRICT:
CITY OF ROUND ROCK
Ny well,*- y o r
ATTEST:
SaraL. White, City Secretary
EXHIBIT
� A
DRAFT
EARLY VOTING SCHEDULE
(HORARIO DE LA VOTA CION ADELANTADA)
JOINT GENERAL SPECIAL ELECTIONS -- MAY 10 2008
(ELECCIONES GENERALES Y ESPECIALES CONJUNTAS— 10 DE MAYO DEL 2008)
DATES AND TIMES FOR FULL-TIME LOCATIONS:
(FECHAS Y HORARIOS DE LAS LOCALIDADES DE TIEMPO COMPLETO)
April 28 through May 6 (Del 28 de abril al 6 de mayo)
7:00 a.m. to 7:00 P.M. Weekdays and Saturday (7:00 a.m. - 7.-00 p.m. Lunes a Sabado)
Noon - 6:00 p.m. on Sunday (12:00 p.m. - 6.00 p.m. Domingo)
FULL-TIME LOCATIONS:
(LOCALIDADES DE TIEMPO COMPLETO)
Main Location: Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown 78626
(Localidad Central: Anexo del Condado de Williamson, 301 SE Inner Loop, Georgetown 78626)
Branch Locations (Otras localidades):
Georgetown ISD Admin Bldg, 603 Lakeway Dr., Georgetown 78628
(Edificio Administrativo del Distrito Escolar Independiente de Georgetown, 603 Lakeway Dr., Georgetown 78628)
Sun City Social Center, 2 Texas Dr., Georgetown 78628
(Centro Social de Sun City, 2 Texas Dr., Georgetown 78628)
Clay Madsen Recreation Center, 1600 Gattis School Road, Round Rock 78664
(Centro Recreacional Clay Madsen, 1600 Gattis School Road, Round Rock 78664)
McConico Building, 301 W. Bagdad St., Round Rock 78664
(Edificio McConico, 301 W. Bagdad St., Round Rock 78664)
Brushy Creek Community Center, 16318 Great Oaks Dr., Round Rock 78681
(Centro Comunitario de Brushy Creek, 16318 Great Oaks Dr., Round Rock 78681)
Round Rock ISD Administration Building, 1311 Round Rock Ave., Round Rock 78681
(Edif. Administrativo del Distrito Escolar Independiente de Round Rock, 1311 Round Rock Ave., Round Rock 78681)
Round Rock ISD Performing Arts Center, 1800 McNeil Dr., Round Rock 78729
(Centro de Interpretaci6n de las Artes del Distrito Esc. Indep. de Round Rock, 1800 McNeil Dr., Round Rock 78729)
Anderson Mill Municipal Utility District, 11500 El Salido Parkway,Austin 78681
(Servicios Publicos Municipales del Distrito Anderson Mill, 11500 El Salido Parkway, Austin 78681
Austin Community College Campus, 1555 Cypress Creek Rd., Cedar Park 78613
(Campus del Colegio de la Comunidad de Austin, 1555 Cypress Creek Rd., Cedar Park 78613)
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13108
Cedar Park Public Library, 550 Discovery Blvd., Cedar Park 78613
(Biblioteca Publica de Cedar Park, 550 Discovery Blvd., Cedar Park 78613)
Taylor City Hall, 400 Porter St.,Taylor 76574
(Sala de la Ciudad de Taylor, 400 Porter St., 400, Taylor 76574)
Pat Bryson Municipal Hall, 201 N. Brushy, Leander 78641
(Sala Municipal Pat Bryson, 201 N. Brushy, Leander 78641)
PART-TIME LOCATION DATES AND TIMES:
(FECHAS Y HORAR/OS DE LAS LOCALIDADES DE TIEMPO LIMITADO)
Hutto City Hall, 401 W. Front St., Hutto 78634
(Sala de la Ciudad de Hutto, 401 W. Front St., Hutto 78634)
Saturday May 3 7 a.m. to 7 p.m.
Sabado 3 de mayo 7 a.m. - 7 p.m.
Sunday May 4 Noon—6 p.m.
Domingo 4 de mayo 12 p.m. — 6 p.m.
Monday—Tuesday May 5-6 7 a.m. to 7 p.m.
Lunes y Martes 5 y 6 de mayo 7 a.m. — 7 p.m.
Liberty Hill City Hall,2801 RR 1869, Liberty Hill 78642
(Sala de la Ciudad de Liberty Hill, 2801 RR 1869, Liberty Hill 78642)
Monday May 5 11 a.m. —6 p.m.
L unes 5 de mayo 11 a.m. — 6 p.m.
Tuesday May 6 7 a.m.—7 p.m.
Martes 6 de mayo 7 a.m. — 7 p.m
RURAL TEMPORARY LOCATIONS DATES AND TIMES:
(Fechas y Horarios de las Localidades Rurales Temporales)
Thrall VFD, 210 Main St., Thrall 76578 Thursday May 1 11 a.m.—6 p.m.
(Voluntarios del Departamento de Bomberos de Thrall Jueves 1 de mayo 11 a.m. —6 p.m.
210 Main St., Thrall 76578)
Granger City Hall, 214 E. Davilla, Granger 76530 Friday May 2 11 a.m.—6 p.m.
(Sala de la Ciudad de Granger, 214 E. Davilla, Granger 76530) Viernes 2 de mayo 11 a.m. —6 p.m.
Florence VFD, 301 S. Patterson, Florence 76527
(Voluntarios del Departamento de Bomberos de Florence Monday
5 de mayo 1May 51 a.m.-6 p.m.
301 S. Patterson, Florence 76527) Y 1 a.m. 6 p.m.
Jarrell Memorial Park, 1651 CR 305,Jarrell 76537 Tuesday May 6 11 a.m. —6 p.m.
(Memorial Park de Jarrel, 1651 CR 305, Jarrel 76537) Martes 6 de mayo 11 a.m.—6 p.m.
May 08/EV Page 2 of 2 Pages
13108
Taylor ISD Special Mobile Teams
April 28th --Naomi Pasemann Elementary 6 PM -9 PM
April 29th --Naomi Pasemann Elementary 6 PM -9PM
May 5th --Taylor High School &T.H. Johnson Elementary 6 PM -9PM
May 6th --Taylor Middle School 6 PM -9 PM
SUBJECT TO CHANGE
(SUJETO A CAMBIO)
May 08/EV Page 3 of 2 Pages 13108