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R-04-10-14-14D4 - 10/14/2004 RESOLUTION NO. R-04-10-14-14D4 WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator to conduct the December 18, 2004 special 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 December 18, 2004 special 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 October, 4 . ,X NYL LL, Mayor ATTES City Round Rock, Texas � (%� ' CHRISTINE R. MARTINEZ, City Secretary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41014D4.WPD/SC ELECTION SERVICES CONTRACT This contract is entered into between the WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR, hereinafter referred to as the "Administrator," and the CITY OF ROUND ROCK,TEXAS,hereinafter referred to as the"City,"acting by and through its City Council. The City is entering into this contract to secure election services from the Administrator for a special election to fill a vacancy to be conducted on Saturday, December 18, 2004, and in connection therewith do hereby agree as follows: 1. The Administrator shall be responsible for providing the following services: a. Procuring, allocating, and distributing all election supplies,including coordination of ballot printing; b. Arranging for election officers and personnel necessary to conduct the election on December 18, 2004, including personnel to conduct the verification count after the election; C. As the Early Voting Clerk for the election, making arrangements for locations and clerks, providing modems and terminals if requested, and conducting early voting by mail; d. Arranging for election day polling locations and providing appropriate number of voting booths; e. Providing pre-locked,pre-sealed ballot boxes; f. Testing of tabulation of equipment; g. Keeping the Administrator's office open on election day from 7:00 a.m. until all work is completed, and providing assistance to election workers and the public on election day; h. Operating the central counting station in the Williamson County Annex on election day and providing tabulations to the City by December 28,2004; i. Submitting to the City within forty-five (45) days a statement of costs payable based on use of ballots, polling places, supplies, programming, etc., with same to be itemized and based on actual invoices or other appropriate documents; j. Serving as agent to the Custodians of Election Records for the purpose of securing and storing voted ballots; k. Conducting election schools for early voting and election day clerks. 2. The City shall be responsible for the following actions: a. Authorizing the number of ballots to be ordered for election day and early voting; b. Paying election workers and polling place expenses, including furniture rental,if any; EXHIBIT a a C. Paying Williamson County an administrative fee not to exceed ten percent (10%) of the actual cost of the election; d. Preparing and submitting to the U.S. Department of Justice any changes to voting practices or procedures which are required to be submitted; e. Appointing by the action of its governing body all election judges and alternates and designating polling places for the election,including early voting locations; f. Appointing the Administrator as Early Voting Clerk and manager of the Central Counting Station, and forwarding any ballot by mail applications to the Administrator; g. Appointing the Administrator as agent to Custodians of Election Records for the election; h. Paying an advance to Williamson County equal to seventy percent (70%) of the estimated cost of the election no later than forty-five(45)days before the election date. i. Paying overtime or I.T. and security personnel expenses directly to employees; j. Paying the costs of the election within thirty (30) days of the date on which the City receives the statement of costs from the Administrator. 3. In connection with the performance of this contract, neither Williamson County nor the Administrator shall be liable to third parties for any default of the City in connection with the holding of the election, including the failure by the City to pay any expenses hereunder, and the City shall not be liable to third parties for any default of the Administrator in connection with the holding of the election. 4. This contract shall be construed under and in accordance with the laws of the State of Texas. 5. In case any one or more of the provisions contained in this contract for any reason shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereto, and this contract shall be construed as if such invalid, illegal,or unenforceable provisions had never been contained herein. 6. No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing,dated subsequent to the date of this contract, and duly executed by the parties hereof. This contract is effective on the day of 52004. CITY OF ROUND ROCK ATTEST: Nyle Maxwell,Mayor Christine R. Martinez,City Secretary John Willingham, Williamson County Elections Administrator EXECUTED DOCUMENT FOLLOWS ELECTION SERVICES CONTRACT This contract is entered into between the WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR, hereinafter referred to as the "Administrator," and the CITY OF ROUND ROCK, TEXAS, hereinafter referred to as the"City,"acting by and through its City Council. The City is entering into this contract to secure election services from the Administrator for a special election to fill a vacancy to be conducted on Saturday, December 18, 2004, and in connection therewith do hereby agree as follows: 1. The Administrator shall be responsible for providing the following services: a. Procuring, allocating, and distributing all election supplies, including coordination of ballot printing; b. Arranging for election officers and personnel necessary to conduct the election on December 18, 2004, including personnel to conduct the verification count after the election; C. As the Early Voting Clerk for the election, making arrangements for locations and clerks, providing modems and terminals if requested, and conducting early voting by mail; d. Arranging for election day polling locations and providing appropriate number of voting booths; e. Providing pre-locked,pre-sealed ballot boxes; f. Testing of tabulation of equipment; g. Keeping the Administrator's office open on election day from 7:00 a.m. until all work is completed, and providing assistance to election workers and the public on election day; h. Operating the central counting station in the Williamson County Annex on election day and providing tabulations to the City by December 28,2004; i. Submitting to the City within forty-five(45) days a statement of costs payable based on use of ballots, polling places, supplies, programming, etc., with same to be itemized and based on actual invoices or other appropriate documents; j. Serving as agent to the Custodians of Election Records for the purpose of securing and storing voted ballots; k. Conducting election schools for early voting and election day clerks. 2. The City shall be responsible for the following actions: a. Authorizing the number of ballots to be ordered for election day and early voting; b. Paying election workers and polling place expenses, including furniture rental, if any; Election Services Contract C. Paying Williamson County an administrative fee not to exceed ten percent(10%)of the actual cost of the election; d. Preparing and submitting to the U.S. Department of Justice any changes to voting practices or procedures which are required to be submitted; e. Appointing by the action of its governing body all election judges and alternates and designating polling places for the election, including early voting locations; f. Appointing the Administrator as Early Voting Clerk and manager of the Central Counting Station, and forwarding any ballot by mail applications to the Administrator; g. Appointing the Administrator as agent to Custodians of Election Records for the election; h. Paying an advance to Williamson County equal to seventy percent (70%) of the estimated cost of the election no later than forty-five(45)days before the election date. i. Paying overtime or I.T. and security personnel expenses directly to employees; j. Paying the costs of the election within thirty(30) days of the date on which the City receives the statement of costs from the Administrator. 3. In connection with the performance of this contract,neither Williamson County nor the Administrator shall be liable to third parties for any default of the City in connection with the holding of the election, including the failure by the City to pay any expenses hereunder, and the City shall not be liable to third parties for any default of the Administrator in connection with the holding of the election. 4. This contract shall be construed under and in accordance with the laws of the State of Texas. 5. In case any one or more of the provisions contained in this contract for any reason shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereto, and this contract shall be construed as if such invalid,illegal, or unenforceable provisions had never been contained herein. 6. No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing,dated subsequent to the date of this contract, and duly executed by the parties hereof. This contract is effective on the I day of Ce4o , 2004. CITY OF ROUND ROCK ATTEST: Ny ell,M4yor Christine R. Martinez, City Secretary John Willinghar4 , Williamson County Elections Administrator 2