R-10-10-28-10A1 - 10/28/2010RESOLUTION NO. R -10-10-28-10A1
WHEREAS, the City of Round Rock has contracted with Travis County to conduct and
provide election services on November 2, 2010; and
WHEREAS, other political subdivisions have contracted or are contracting with Travis County
to conduct and provide election services on November 2, 2010; and
WHEREAS, pursuant to Section 271.002, Texas Election Code, political subdivisions of the
State of Texas are authorized to hold elections jointly in voting precincts that can be served by
common polling places if elections are ordered by the authorities of two or more political subdivisions
to be held on the same day in all or part of the same territory; and
WHEREAS, the City of Round Rock wishes to enter into an Agreement to Conduct Joint
Elections for November 2, 2010 Elections ("Agreement") for the purpose of sharing election
equipment, election officials, and sharing precinct polling locations, and election ballots where
appropriate; and
WHEREAS, the City Council desires to enter into the Agreement with Travis County, 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, the
Agreement with Travis County, a copy of said Agreement 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.
O:\wdox\SCClnts\0112\ 1005\MUNICIPAL\00205680. DOChmc
RESOLVED this 28th day of October, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
AGREEMENT TO CONDUCT JOINT ELECTIONS
FOR NOVEMBER 2, 2010 ELECTIONS
Travis County (the "County") will be conducting a general election on November 2, 2010
for the election of county, district, state, and federal officeholders. The Participating Entities listed
in Exhibit A, which is attached to and incorporated into this agreement, require elections to be
held on November 2, 2010 in those portions of Travis County as shown on the map in Exhibit B,
also attached to and incorporated into this agreement.
Under Section 271.002, Texas Election Code, Texas's political subdivisions are
authorized to hold elections jointly in voting precincts that common polling places can serve, if
two or more political subdivisions' authorities order elections to be held on the same day in all or
part of the same territory. And Texas Government Code Chapter 791 authorizes local
governments to contract with one another and with state agencies for various governmental
functions, including those in which the contracting parties are mutually interested.
It would benefit the County, the Participating Entities and their respective citizens and
voters to hold the elections jointly in the election precincts that common polling places can serve.
Thus, the County and the Participating Entities enter into this joint election agreement.
I. Scope of Joint Election Agreement
This agreement covers the conduct of the November 2, 2010 General Election for county,
district, state, and federal officeholders and the Participating Entities' elections to be held on
November 2, 2010. The County and the Entities will hold these elections on November 2, 2010
("Election Day") jointly for the voters in those portions of Travis County identified on the map
in Exhibit B.
II. Election Officer
The Participating Entities hereby appoint the Travis County Clerk, the election officer for Travis
County, as the election officer to perform or supervise the County's duties and responsibilities
involved in conducting the joint election covered by this agreement.
III. Early Voting
Each of the Participating Entities agrees to conduct its early voting jointly. Each of the
Participating Entities appoints the Travis County Clerk, the early voting clerk for Travis County,
as the early voting clerk for the joint election. Early voting for the Participating Entities will be
conducted at the dates, times, and locations to be mutually agreed upon by the election officer
and authorized and ordered by the governing body of each Participating Entity.
A. County Responsibilities
167115-1 064.
EXHIBIT
1. The County will provide to the governing body of each Participating Entity a list of
places, times, and dates of early voting suitable for consideration and adoption by the governing
body, under Texas Election Code chapter 85.
2. The Travis County Clerk, as the joint early voting clerk, will be responsible for
conducting early voting by mail and by personal appearance for all Travis County voters voting
in the joint election. The Travis County Clerk will receive from each Participating Entity's
regular early voting clerk applications for early voting ballots to be voted by mail, under Texas
Election Code Title 7. The Travis County Clerk will send early voting ballots by mail and
receive early voting ballots for early voting by mail. And the Travis County Clerk may appoint
such deputy early voting clerks as necessary to assist the Travis County Clerk with voting to take
place at the early voting locations.
3. The County will determine the number of election workers to hire to conduct early voting
in the joint election. The Travis County Clerk will arrange or contract for training for all election
workers and will assign all election workers employed for early voting in the joint election. The
training of these election workers is mandatory; these individuals will be compensated for their
time in training. The County will provide a training facility for election schools to train election
workers employed in conducting early voting, including the mobile early voting program, early
voting by personal appearance at main and temporary branch early voting polling places, early
voting by mail, and other aspects of the early voting program for the joint election. The County
will name early voting deputies and clerks employed to conduct early voting.
4. The County will provide and deliver all supplies and equipment necessary to conduct
early voting for the joint election, including ballots, election forms, any necessary ramps, utility
hook-ups, signs, registration lists and ballot boxes, to early voting polling places. The County
will designate and confirm all early voting polling place locations.
5. The County will be responsible for preparing and transporting the electronic voting
equipment necessary to conduct early voting. The County shall perform all tests of voting
equipment as required, including posting notice of equipment testing.
6. Under Election Code sections 66.058 and 271.010, the Participating Entities appoint the
Travis County Clerk as the joint custodian of records for the sole purpose of preserving all voted
ballots securely in a locked room in the locked ballot boxes for the preservation period that the
Election Code requires.
7. The County will receive ballot language in both English and Spanish from each
Participating Entity and format the ballots as needed to include these languages. The County
will provide each Participating Entity with a final proof of ballot language for approval before
printing the ballots. Upon final proof approval, ballots will be printed in an expedited timeframe
so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the
ballot mail outs for the Early Voting by Mail Program.
8. A single joint voter sign -in process consisting of a common list of registered voters, and
common signature rosters will be used for early voting. A single, combined ballot and single
238305-1 064 2
ballot box will be used. The County will use an electronic voting system, as defined and
described in Texas Election Code Title 8, and agrees to use ballots that are compatible with such
equipment.
9. The County will be responsible for conducting the Early Voting Ballot Board. The
County will designate a person to serve as the presiding judge for the Early Voting Ballot Board
and will provide that information to the governing body of each Participating Entity for entry of
an order by that authority appointing this official. The presiding judge for the Early Voting
Ballot Board is eligible to serve in this capacity. The presiding judge for the Early Voting Ballot
Board will appoint two or more election clerks, and the judge and clerks will compose the Early
Voting Ballot Board and will count and return early voting ballots, and perform other duties the
Election Code requires of it.
B. Participating Entities' Responsibilities
1. Each Participating Entity will appoint a qualified person to serve as the regular early
voting clerk for the Participating Entity. The regular early voting clerk for each respective
Participating Entity will receive requests for applications for early voting ballots to be voted by
mail and will forward in a timely manner, as prescribed by law, any and all applications for early
voting ballots to be voted by mail, received in the Entity's office, to the Travis County Clerk.
2. Each Participating Entity will appoint a qualified person to act as custodian of records
for the Participating Entity to perform the duties imposed by the Election Code on the custodian
of records for its respective entity.
3. Each Participating Entity will provide ballot language for the respective portion of the
official ballot to the County in both English and Spanish. The Entity must make any additions,
modifications, deletions, or other changes to such ballot contents or language before the Entity's
final proof approval. The County will provide the Participating Entity with a final proof of ballot
language, as it is to appear on the ballot, for final proof approval. Upon final proof approval, the
ballot shall be programmed for the voting equipment in an expedited timeframe so as to allow
ballot allocations for the Early Voting by Personal Appearance Program, and the printed ballot
mail outs for the Early Voting by Mail Program.
IV. Election Day
A. County Responsibilities
1. The County will designate and confirm all Election Day polling place locations for the
joint election, and shall forward such information to the Participating Entities in a timely fashion
to allow the governing body of the respective Participating Entities to enter orders designating
such polling places and for the Entities to submit to the U.S. Department of Justice for review
before Election Day.
2. The County will designate the presiding election judge and the alternate presiding
election judge to administer the election in the precinct in which a common polling place is to be
used and shall forward such information to the Participating Entities to allow the governing
238305-1 064 3
bodies of the respective Participating Entities to enter appropriate orders designating such
officials before the election. The presiding election judge and alternate presiding election judge
must be qualified voters of the Travis County election precinct in which the joint election is held.
The presiding election judge for the precinct in which a common polling place is used may
appoint election clerks as necessary to assist the judge in conducting the election at the precinct
polling place. The alternate presiding election judge may be appointed as a clerk. The alternate
presiding election judge may serve as the presiding election judge for the precinct in the
presiding election judge's absence. Election judges and clerks will be compensated at the rate
established by the County. The Texas Election Code and other applicable laws will determine
compensable hours.
3. One set of election officials will preside over the election in the precinct using a common
polling place. There will be a single joint voter sign -in process consisting of a common list of
registered voters and common signature rosters in the precinct using a common polling place. A
single, combined ballot and single ballot box will be used. The officer designated by law to be
the custodian of the voted ballots for the County shall be custodian of all materials used in
common in the precinct using a common polling place. The County will use an electronic voting
system, as defined and described by Texas Election Code Title 8, and agrees to use ballots that
are compatible with such equipment.
4. The County will arrange for training and will provide the instructors, manuals and other
training materials deemed necessary for training all judges and clerks. Training for election
judges and alternate judges is mandatory, and these individuals will be compensated for their
time in training.
5. The County will arrange for election -day voter registration precinct lists for the joint
election. The County will determine the amount of election supplies needed for Election Day
voting.
6. The County, by and through the County Clerk's Elections Division, and Administrative
Operations, will be responsible for preparing and transporting voting equipment and election -day
supplies for use on Election Day.
7. The County, by and through the County Voter Registrar, will provide the list of registered
voters as needed in the overlapping jurisdictions identified in the attached exhibits, with
designation of registered voters in each Participating Entity, for use at the joint election day
polling place on Election Day.
8. The common polling place is designated as the polling place that the County uses. At the
common polling place, a single ballot box will be used for depositing all ballots cast in the joint
election. At this polling place, one voter registration list and one combination poll list and
signature roster form will be kept for the joint election. The final returns for each Participating
Entity and the County will be canvassed separately by each respective Participating Entity. The
Travis County Clerk will maintain a return center on Election Day for the purpose of receiving
returns from the County. The Travis County Clerk will provide unofficial election results to the
qualified individual appointed by each Participating Entity.
238305-1 064 4
9. On Election Day, the Travis County Clerk or the clerk's Elections Division will field all
questions from election judges.
10. The County shall make available translators capable of speaking English and Spanish to
assist Spanish-speaking voters in understanding and participating in the election process in the
territory covered by this agreement.
B. Participating Entities' Responsibilities
1. Before Election Day, each Participating Entity will answer questions from the public with
respect to the Participating Entity's election during regular office hours of 8:00 a.m. — 5:00 p.m.
2. The custodian of records for each Participating Entity shall receive returns from the
Travis County Clerk on Election Day.
V. Election Night
A. County Responsibilities
1. The County will be responsible for all activities on election night, including setting up a
central counting station, coordinating and supervising the results tabulation, coordinating and
supervising the physical layout of the support stations that are the joint election's receiving
substations, and coordinating and managing election media coverage.
2. The County is responsible for transporting voted ballot boxes to the central counting
station.
3. The County will appoint the presiding judge and alternate presiding judge of the central
counting station to maintain order at the central counting station, to administer oaths as
necessary, to receive sealed ballot boxes, and to perform such other duties that the Texas
Election Code requires, and will forward such information to each Participating Entity in a
timely fashion to allow the governing body of each Participating Entity to enter appropriate
orders designating such election officials before the election. The presiding judge of the central
counting station may appoint clerks to serve at the central counting station. In addition, the
County will appoint a tabulation supervisor to be in charge of operating the automatic tabulating
equipment at the central counting station; an individual to serve as central counting station
manager; and an assistant counting station manager to be in charge of administering the central
counting station and generally supervising the personnel working at the central counting station.
The County will forward such information to each Participating Entity in a timely fashion to
allow the governing body of each Participating Entity to enter appropriate orders designating
such election officials before the election.
4. The County will provide the Participating Entities with reasonable space in a public area
adjacent to the central counting station at which each Participating Entity may have
representatives or other interested persons present during the counting process.
238305-1 064
5
B. Participating Entities' Responsibilities
1. Other than receiving returns from the Travis County Clerk, the Participating Entities have
no role or responsibility on the night of the election.
VI. County Resources
A. The County will provide the Elections Division permanent staff and offices to administer
the joint election, under the Travis County Clerk's direction.
B. For early voting, the County will provide a locked and secure area in which voted ballot
boxes will be stored until the Early Voting Ballot Board convenes. The County, by and through
Administrative Operations, will be responsible for transporting the ballot boxes to the central
counting station for the Early Voting Ballot Board.
C. The County will be responsible for providing and maintaining voting equipment and
testing any voting equipment as required by the Texas Election Code.
D. The County will process the payroll for all temporary staff hired to conduct the joint
election. The payroll processing includes statutory reporting and providing W-2 forms where
applicable.
E. The County will conduct early voting as indicated in this agreement.
VII. Joint Election Costs; Payment
A. Transmitted with this agreement is a check payable to Travis County from each
Participating Entity, in the amount equal to the deposit identified for each Entity in the Cost
Estimate attached as Exhibit C, which is also incorporated into this agreement. This deposit
represents approximately 75% of the costs of each Participating Entity's share of the estimated
election costs. The County will submit an invoice to each Participating Entity for the balance of
the Participating Entity's actual joint election expenses upon the election's completion. Joint -
election expenses include expenses for facilities, personnel, supplies, and training that the
County actually incurs for establishing and operating all early voting and election -day activities
at the polling place in the joint election territory as well as activities related to tabulating votes,
all as reflected on the Cost Estimate. Each Participating Entity will pay the total amount of its
invoice within thirty (30) days of receiving it.
B. In the event of a recount, the expense of the recount shall be borne by the Participating
Entity involved in the recount on a pro -rata basis.
C. In the event a Participating Entity cancels its respective election because of unopposed
candidates under Texas Election Code Title I, subchapter C, the Participating Entity will be
responsible for its respective share of election expenses incurred through the date that the
election is canceled as allocated to the cancelling entity based on the formula in the Cost
Estimate, adjusted for the actual expenses incurred by the County through the date of the
cancellation. When the Participating Entity cancels its election, the County will recalculate the
238305-1 064 6
allocation percentages among the remaining Entities according to the formula used in the Cost
Estimate.
D. In the event there are any expenses associated with processing a ballot arising from a
declaration of a write-in candidate, the Participating Entity that received the declaration will bear
the expenses.
E. A Participating Entity that establishes an early voting polling place, other than one that
was mutually agreed upon by all Participating Entities, will bear the expense of doing so. The
Cost Estimate for each individual Participating Entity will include additional polling locations
for each Participating Entity, as set forth in Exhibit C.
VIII. General Provisions
A. Legal Notices
Each of the Participating Entities will be individually responsible for preparing the election
orders, resolutions, notices, and other pertinent documents for adoption or execution by its own
respective governing board and for all related expenses. Each of the Participating Entities will
be individually responsible for obtaining appropriate preclearance, if necessary, from the
United States Department of Justice. The Travis County Clerk will provide each Participating
Entity information on changes affecting the Participating Entity's election, such as polling place
changes and changes in voting equipment, when such changes are confirmed, verified, or
otherwise become known to the clerk's office. Each of the Participating Entities will be
individually responsible for posting or publishing election notices and for all related expenses.
Each of the Participating Entities further will be individually responsible for election expenses
incurred in relation to any polling place that is not a common polling place as designated in this
agreement.
B. Communication
Throughout this agreement's term, the Travis County Clerk or the clerk's employee will meet as
necessary with the designated representative of each Participating Entity to discuss and resolve
any problems that might arise regarding the joint election.
C. Custodian
The Travis County Clerk will serve as the custodian of the keys to the ballot boxes for voted
ballots in the joint election.
D. Effective Date
This agreement takes effect upon its complete execution by all Participating Entities and the
County. The obligation of each Participating Entity to the County under this agreement will not
end until the entity pays the County its share of the joint election costs.
IX. Miscellaneous Provisions
238305-1 064
7
A. Amendment/Modification of Exhibits A, B, and C
1. The Participating Entities acknowledge and agree that Exhibits A, B, and C may
be amended to add or remove entities wishing to participate or cease participating in the
agreement. The Participating Entities agree to future amendments of Exhibits A, B, and C and
authorize the County to enter into such amendments without the Entities' having to sign the
future amendments. The County agrees to notify all Participating Entities of any amendments to
Exhibits A, B, and C.
2. Except as otherwise provided, this Agreement may not be amended in any respect
whatsoever except by a further agreement in writing, duly executed by the parties to this
agreement. No official, representative, agent, or employee of the County has any authority to
modify this Agreement except by express authorization from the Travis County Commissioners
Court. No official, representative, agent, or employee of any Participating Entity has any
authority to modify this agreement except by express authorization from the governing body of
the respective Participating Entity. The Travis County Clerk may propose necessary
amendments to this agreement in writing in order to conduct the joint election smoothly and
efficiently. The Travis County Commissioners Court and the governing body of the respective
Participating Entity, however, must approve any proposal.
B. Notice
Any notice to be given in this agreement, by any party to the other, must be in writing and
delivered personally or by certified mail, return receipt requested, to the proper party at the
addresses listed in Exhibit A.
Each party may change the address for notice to it by giving notice of the change under this
section's terms.
C. Force Majeure
In the event that the County cannot perform any of its obligations in this agreement or is
interrupted or delayed by any occurrence not occasioned by its own conduct, whether it be an act
of God, the result of war, riot, civil commotion, sovereign conduct, or like reason, then the
County will be excused from performing for such period of time as is reasonably necessary after
such occurrence to remedy its effects.
D. Venue and Choice of Law
The Participating Entities agree that venue for any dispute arising under this agreement will lie in
the appropriate courts of Austin, Travis County, Texas. This agreement is governed by and
construed under the laws of Texas and the United States of America.
E. Entire Agreement
238305-1 064 8
This agreement contains the parties' entire agreement relating to the rights granted and the
obligations assumed in it, and it supersedes all prior agreements, including prior election services
contracts relating to each Participating Entity's November 2, 2010 election. Any prior
agreements, promises, negotiations, or representations not expressly contained in this agreement
are of no force or effect. Any oral representations or modifications concerning this agreement
have no force or effect, except a subsequent amendment in writing as this agreement provides.
F. Severability
If any provision of this agreement is found to be invalid, illegal or unenforceable by a court of
competent jurisdiction, such invalidity, illegality, or unenforceability will not affect the
agreement's remaining provisions; and its parties will perform their obligations under the
agreement's surviving terms and provisions.
G. Breach
In the event that any Participating Entity or the County breaches any of its obligations under this
agreement, the non -breaching party will be entitled to pursue any and all rights and remedies
allowed by law.
H. Payments from Current Revenues
Payments made by the Participating Entities in meeting their obligations under this agreement
will be made from current revenue funds available to the governing body of the respective
Participating Entity. Payments made by the County in meeting its obligations under this
agreement will be made from current revenue funds available to the County.
I. Other Instruments
The Participating Entities agree that they will execute other and further instruments or any
documents as may become necessary or convenient to effectuate and carry out this agreement's
purposes.
J. Third Party Beneficiaries
Except as otherwise provided in this agreement, nothing in this agreement, expressed or implied,
is intended to confer upon any person, other than the parties to it, any of its benefits, rights or
remedies.
K. Other Joint Election Agreements
The County and the Participating Entities expressly understand and acknowledge that each may
enter into other joint election agreements with other political subdivisions, to be held on Election
Day and at common polling places covered by this agreement, and that the addition of other
political subdivisions as parties to this agreement will require amending Exhibits A, B, and C.
238305-1 064 9
L. Mediation
When mediation is acceptable to both parties in resolving a dispute arising under this agreement,
the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of
competent jurisdiction, for mediation as described in Texas Civil Practice and Remedies Code
section 154.023. Unless both parties are satisfied with the mediation's result, the mediation will
not constitute a final and binding resolution to the dispute. All communications within the scope
of the mediation will remain confidential as described in section 154.023, unless both parties
agree, in writing, to waive the confidentiality. Despite this, the parties intend to fully comply
with the Texas Open Meetings Act and the Texas Public Information Act whenever applicable.
The term "confidential" as used in this agreement has the same meanings as defined and
construed under the Texas Public Information Act and the Texas Open Meetings Act.
M. Counterparts
This Agreement may be executed in multiple counterparts, all of which will be deemed originals
and with the same effect as if all parties to it had signed the same document. All of such
counterparts willl be construed together and will constitute one and the same agreement.
The parties to this agreement have executed it in multiple copies, each of equal dignity,
on this day of , 2010.
238305-1 064 10
TRAVIS COUNTY
BY:
BY:
Samuel T. Biscoe
County Judge
Dana DeBeauvoir
County Clerk
238305-1 064 11
PARTICIPATING ENTITIES
Name of Participating Entity
Address
Name of Authorized Signatory
Signature
Date signed
238305-1 064 12
EXHIBIT A
PARTICIPATING ENTITIES
City of Austin
City of Bee Cave
City of Rollingwood
City of Round Rock
Austin Community College
Coupland ISD
Eanes ISD
Travis County ESD 4
Travis County ESD 5
238305-1 064
13
EXHIBIT B
MAPS AND DESCRIPTIONS
238305-1 064 14
EXHIBIT C
COST ESTIMATE
Total
Estimated
Cost Estimate Administration Costs @ 75%
Travis County $ 693,727.52 $ - $ 693,727.52
City Of Rollingwood $ 296.05 $ 29.61 $ 325.66 $ 244.25
City Of Austin $ 478,553.74 $ 47,855.37 $ 526,409.11 $394,806.84
City Of Bee Cave $ 616.21 $ 61.62 $ 677.83 $ 508.37
City Of Round Rock $ 175.85 $ 17.58 $ 193.43 $ 145.07
Emer Svc Dist 4 $ 799.15 $ 79.91 $ 879.06 $ 659.30
Emer Svc Dist 5 $ 1,493.47 $ 149.35 $ 1,642.82 $ 1,232.12
Eanes ISD $ 4,458.57 $ 445.86 $ 4,904.43 $ 3,678.32
Coupland ISD $ 15.50 $ 1.55 $ 17.05 $ 12.79
$ 1,180,136.06 $ 48,640.85 $1,228,776.92 $401,287.06
ACC - Elgin ISD $ 744.97 $ 74.50 $ 819.47
ACC - Hays ISD $ 46.14 $ 4.61 $ 50.75
Total - ACC $ 791.11 $ 79.11 $ 870.22 $ 652.67
Total Billing $ 1,180,927.17 $ 48,719.96 $1,229,647.14 $401,939.73
238305-1 064
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERIT1C
City Council Agenda Summary Sheet
Agenda Item No. *10A1.
Consider a resolution authorizing the Mayor to execute an Agreement to Conduct Joint
Agenda Caption: Elections for November 2, 1020 Elections with Travis County.
Meeting Date: October 28, 2010
Department: Adminstration
Staff Person making presentation: Sara White
City Secretary
Item Summary:
The Joint Election Agreement allows us to split all election costs among all participating entities for the November
2010 Election, and therefore decreasing the cost to the City of Round Rock.
There is no cost associated with this agreement, because the cost of the election falls under the election
administration agreement, which is a multi-year contract already in place.
Strategic Plan Relevance:
8.0 — Maintain and enhance public confidence, satisfaction and trust in City Government
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
AGREEMENT TO CONDUCT JOINT ELECTIONS
FOR NOVEMBER 2, 2010 ELECTIONS
Travis County (the "County") will be conducting a general election on November 2, 2010
for the election of county, district, state, and federal officeholders. The Participating Entities listed
in Exhibit A, which is attached to and incorporated into this agreement, require elections to be
held on November 2, 2010 in those portions of Travis County as shown on the map in Exhibit B,
also attached to and incorporated into this agreement.
Under Section 271.002, Texas Election Code, Texas's political subdivisions are
authorized to hold elections jointly in voting precincts that common polling places can serve, if
two or more political subdivisions' authorities order elections to be held on the same day in all or
part of the same territory. And Texas Government Code Chapter 791 authorizes local
governments to contract with one another and with state agencies for various governmental
functions, including those in which the contracting parties are mutually interested.
It would benefit the County, the Participating Entities and their respective citizens and
voters to hold the elections jointly in the election precincts that common polling places can serve.
Thus, the County and the Participating Entities enter into this joint election agreement.
I. Scope of Joint Election Agreement
This agreement covers the conduct of the November 2, 2010 General Election for county,
district, state, and federal officeholders and the Participating Entities' elections to be held on
November 2, 2010. The County and the Entities will hold these elections on November 2, 2010
("Election Day") jointly for the voters in those portions of Travis County identified on the map
in Exhibit B.
II. Election Officer
The Participating Entities hereby appoint the Travis County Clerk, the election officer for Travis
County, as the election officer to perform or supervise the County's duties and responsibilities
involved in conducting the joint election covered by this agreement.
III. Early Voting
Each of the Participating Entities agrees to conduct its early voting jointly. Each of the
Participating Entities appoints the Travis County Clerk, the early voting clerk for Travis County,
as the early voting clerk for the joint election. Early voting for the Participating Entities will be
conducted at the dates, times, and locations to be mutually agreed upon by the election officer
and authorized and ordered by the governing body of each Participating Entity.
A. County Responsibilities
167115-1 064.
11, -to -to— 20-ldkl
1. The County will provide to the governing body of each Participating Entity a list of
places, times, and dates of early voting suitable for consideration and adoption by the governing
body, under Texas Election Code chapter 85.
2. The Travis County Clerk, as the joint early voting clerk, will be responsible for
conducting early voting by mail and by personal appearance for all Travis County voters voting
in the joint election. The Travis County Clerk will receive from each Participating Entity's
regular early voting clerk applications for early voting ballots to be voted by mail, under Texas
Election Code Title 7. The Travis County Clerk will send early voting ballots by mail and
receive early voting ballots for early voting by mail. And the Travis County Clerk may appoint
such deputy early voting clerks as necessary to assist the Travis County Clerk with voting to take
place at the early voting locations.
3. The County will determine the number of election workers to hire to conduct early voting
in the joint election. The Travis County Clerk will arrange or contract for training for all election
workers and will assign all election workers employed for early voting in the joint election. The
training of these election workers is mandatory; these individuals will be compensated for their
time in training. The County will provide a training facility for election schools to train election
workers employed in conducting early voting, including the mobile early voting program, early
voting by personal appearance at main and temporary branch early voting polling places, early
voting by mail, and other aspects of the early voting program for the joint election. The County
will name early voting deputies and clerks employed to conduct early voting.
4. The County will provide and deliver all supplies and equipment necessary to conduct
early voting for the joint election, including ballots, election forms, any necessary ramps, utility
hook-ups, signs, registration lists and ballot boxes, to early voting polling places. The County
will designate and confirm all early voting polling place locations.
5. The County will be responsible for preparing and transporting the electronic voting
equipment necessary to conduct early voting. The County shall perform all tests of voting
equipment as required, including posting notice of equipment testing.
6. Under Election Code sections 66.058 and 271.010, the Participating Entities appoint the
Travis County Clerk as the joint custodian of records for the sole purpose of preserving all voted
ballots securely in a locked room in the locked ballot boxes for the preservation period that the
Election Code requires.
7. The County will receive ballot language in both English and Spanish from each
Participating Entity and format the ballots as needed to include these languages. The County
will provide each Participating Entity with a final proof of ballot language for approval before
printing the ballots. Upon final proof approval, ballots will be printed in an expedited timeframe
so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the
ballot mail outs for the Early Voting by Mail Program.
8. A single joint voter sign -in process consisting of a common list of registered voters, and
common signature rosters will be used for early voting. A single, combined ballot and single
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ballot box will be used. The County will use an electronic voting system, as defined and
described in Texas Election Code Title 8, and agrees to use ballots that are compatible with such
equipment.
9. The County will be responsible for conducting the Early Voting Ballot Board. The
County will designate a person to serve as the presiding judge for the Early Voting Ballot Board
and will provide that information to the governing body of each Participating Entity for entry of
an order by that authority appointing this official. The presiding judge for the Early Voting
Ballot Board is eligible to serve in this capacity. The presiding judge for the Early Voting Ballot
Board will appoint two or more election clerks, and the judge and clerks will compose the Early
Voting Ballot Board and will count and return early voting ballots, and perform other duties the
Election Code requires of it.
B. Participating Entities' Responsibilities
1. Each Participating Entity will appoint a qualified person to serve as the regular early
voting clerk for the Participating Entity. The regular early voting clerk for each respective
Participating Entity will receive requests for applications for early voting ballots to be voted by
mail and will forward in a timely manner, as prescribed by law, any and all applications for early
voting ballots to be voted by mail, received in the Entity's office, to the Travis County Clerk.
2. Each Participating Entity will appoint a qualified person to act as custodian of records
for the Participating Entity to perform the duties imposed by the Election Code on the custodian
of records for its respective entity.
3. Each Participating Entity will provide ballot language for the respective portion of the
official ballot to the County in both English and Spanish. The Entity must make any additions,
modifications, deletions, or other changes to such ballot contents or language before the Entity's
final proof approval. The County will provide the Participating Entity with a final proof of ballot
language, as it is to appear on the ballot, for final proof approval. Upon final proof approval, the
ballot shall be programmed for the voting equipment in an expedited timeframe so as to allow
ballot allocations for the Early Voting by Personal Appearance Program, and the printed ballot
mail outs for the Early Voting by Mail Program.
IV. Election Day
A. County Responsibilities
•
1. The County will designate and confirm all Election Day polling place locations for the
joint election, and shall forward such information to the Participating Entities in a timely fashion
to allow the governing body of the respective Participating Entities to enter orders designating
such polling places and for the Entities to submit to the U.S. Department of Justice for review
before Election Day.
2. The County will designate the presiding election judge and the alternate presiding
election judge to administer the election in the precinct in which a common polling place is to be
used and shall forward such information to the Participating Entities to allow the governing
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3
bodies of the respective Participating Entities to enter appropriate orders designating such
officials before the election. The presiding election judge and alternate presiding election judge
must be qualified voters of the Travis County election precinct in which the joint election is held.
The presiding election judge for the precinct in which a common polling place is used may
appoint election clerks as necessary to assist the judge in conducting the election at the precinct
polling place. The alternate presiding election judge may be appointed as a clerk. The alternate
presiding election judge may serve as the presiding election judge for the precinct in the
presiding election judge's absence. Election judges and clerks will be compensated at the rate
established by the County. The Texas Election Code and other applicable laws will determine
compensable hours.
3. One set of election officials will preside over the election in the precinct using a common
polling place. There will be a single joint voter sign -in process consisting of a common list of
registered voters and common signature rosters in the precinct using a common polling place. A
single, combined ballot and single ballot box will be used. The officer designated by law to be
the custodian of the voted ballots for the County shall be custodian of all materials used in
common in the precinct using a common polling place. The County will use an electronic voting
system, as defined and described by Texas Election Code Title 8, and agrees to use ballots that
are compatible with such equipment.
4. The County will arrange for training and will provide the instructors, manuals and other
training materials deemed necessary for training all judges and clerks. Training for election
judges and alternate judges is mandatory, and these individuals will be compensated for their
time in training.
5. The County will arrange for election -day voter registration precinct lists for the joint
election. The County will determine the amount of election supplies needed for Election Day
voting.
6. The County, by and through the County Clerk's Elections Division, and Administrative
Operations, will be responsible for preparing and transporting voting equipment and election -day
supplies for use on Election Day.
7. The County, by and through the County Voter Registrar, will provide the list of registered
voters as needed in the overlapping jurisdictions identified in the attached exhibits, with
designation of registered voters in each Participating Entity, for use at the joint election day
polling place on Election Day.
8. The common polling place is designated as the polling place that the County uses. At the
common polling place, a single ballot box will be used for depositing all ballots cast in the joint
election. At this polling place, one voter registration list and one combination poll list and
signature roster form will be kept for the joint election. The final returns for each Participating
Entity and the County will be canvassed separately by each respective Participating Entity. The
Travis County Clerk will maintain a return center on Election Day for the purpose of receiving
returns from the County. The Travis County Clerk will provide unofficial election results to the
qualified individual appointed by each Participating Entity.
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9. On Election Day, the Travis County Clerk or the clerk's Elections Division will field all
questions from election judges.
10. The County shall make available translators capable of speaking English and Spanish to
assist Spanish-speaking voters in understanding and participating in the election process in the
territory covered by this agreement.
B. Participating Entities' Responsibilities
1. Before Election Day, each Participating Entity will answer questions from the public with
respect to the Participating Entity's election during regular office hours of 8:00 a.m. — 5:00 p.m.
2. The custodian of records for each Participating Entity shall receive returns from the
Travis County Clerk on Election Day.
V. Election Night
A. County Responsibilities
1. The County will be responsible for all activities on election night, including setting up a
central counting station, coordinating and supervising the results tabulation, coordinating and
supervising the physical layout of the support stations that are the joint election's receiving
substations, and coordinating and managing election media coverage.
2. The County is responsible for transporting voted ballot boxes to the central counting
station.
3. The County will appoint the presiding judge and alternate presiding judge of the central
counting station to maintain order at the central counting station, to administer oaths as
necessary, to receive sealed ballot boxes, and to perform such other duties that the Texas
Election Code requires, and will forward such information to each Participating Entity in a
timely fashion to allow the governing body of each Participating Entity to enter appropriate
orders designating such election officials before the election. The presiding judge of the central
counting station may appoint clerks to serve at the central counting station. In addition, the
County will appoint a tabulation supervisor to be in charge of operating the automatic tabulating
equipment at the central counting station; an individual to serve as central counting station
manager; and an assistant counting station manager to be in charge of administering the central
counting station and generally supervising the personnel working at the central counting station.
The County will forward such information to each Participating Entity in a timely fashion to
allow the governing body of each Participating Entity to enter appropriate orders designating
such election officials before the election.
4. The County will provide the Participating Entities with reasonable space in a public area
adjacent to the central counting station at which each Participating Entity may have
representatives or other interested persons present during the counting process.
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B. Participating Entities' Responsibilities
1. Other than receiving returns from the Travis County Clerk, the Participating Entities have
no role or responsibility on the night of the election.
VI. County Resources
A. The County will provide the Elections Division permanent staff and offices to administer
the joint election, under the Travis County Clerk's direction.
B. For early voting, the County will provide a locked and secure area in which voted ballot
boxes will be stored until the Early Voting Ballot Board convenes. The County, by and through
Administrative Operations, will be responsible for transporting the ballot boxes to the central
counting station for the Early Voting Ballot Board.
C. The County will be responsible for providing and maintaining voting equipment and
testing any voting equipment as required by the Texas Election Code.
D. The County will process the payroll for all temporary staff hired to conduct the joint
election. The payroll processing includes statutory reporting and providing W-2 forms where
applicable.
E. The County will conduct early voting as indicated in this agreement.
VII. Joint Election Costs; Payment
A. Transmitted with this agreement is a check payable to Travis County from each
Participating Entity, in the amount equal to the deposit identified for each Entity in the Cost
Estimate attached as Exhibit C, which is also incorporated into this agreement. This deposit
represents approximately 75% of the costs of each Participating Entity's share of the estimated
election costs. The County will submit an invoice to each Participating Entity for the balance of
the Participating Entity's actual joint election expenses upon the election's completion. Joint -
election expenses include expenses for facilities, personnel, supplies, and training that the
County actually incurs for establishing and operating all early voting and election -day activities
at the polling place in the joint election territory as well as activities related to tabulating votes,
all as reflected on the Cost Estimate. Each Participating Entity will pay the total amount of its
invoice within thirty (30) days of receiving it.
B. In the event of a recount, the expense of the recount shall be borne by the Participating
Entity involved in the recount on a pro -rata basis.
C. In the event a Participating Entity cancels its respective election because of unopposed
candidates under Texas Election Code Title I, subchapter C, the Participating Entity will be
responsible for its respective share of election expenses incurred through the date that the
election is canceled as allocated to the cancelling entity based on the formula in the Cost
Estimate, adjusted for the actual expenses incurred by the County through the date of the
cancellation. When the Participating Entity cancels its election, the County will recalculate the
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allocation percentages among the remaining Entities according to the formula used in the Cost
Estimate.
D. In the event there are any expenses associated with processing a ballot arising from a
declaration of a write-in candidate, the Participating Entity that received the declaration will bear
the expenses.
E. A Participating Entity that establishes an early voting polling place, other than one that
was mutually agreed upon by all Participating Entities, will bear the expense of doing so. The
Cost Estimate for each individual Participating Entity will include additional polling locations
for each Participating Entity, as set forth in Exhibit C.
VIII. General Provisions
A. Legal Notices
Each of the Participating Entities will be individually responsible for preparing the election
orders, resolutions, notices, and other pertinent documents for adoption or execution by its own
respective governing board and for all related expenses. Each of the Participating Entities will
be individually responsible for obtaining appropriate preclearance, if necessary, from the
United States Department of Justice. The Travis County Clerk will provide each Participating
Entity information on changes affecting the Participating Entity's election, such as polling place
changes and changes in voting equipment, when such changes are confirmed, verified, or
otherwise become known to the clerk's office. Each of the Participating Entities will be
individually responsible for posting or publishing election notices and for all related expenses.
Each of the Participating Entities further will be individually responsible for election expenses
incurred in relation to any polling place that is not a common polling place as designated in this
agreement.
B. Communication
Throughout this agreement's term, the Travis County Clerk or the clerk's employee will meet as
necessary with the designated representative of each Participating Entity to discuss and resolve
any problems that might arise regarding the joint election.
C. Custodian
The Travis County Clerk will serve as the custodian of the keys to the ballot boxes for voted
ballots in the joint election.
D. Effective Date
This agreement takes effect upon its complete execution by all Participating Entities and the
County. The obligation of each Participating Entity to the County under this agreement will not
end until the entity pays the County its share of the joint election costs.
IX. Miscellaneous Provisions
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A. Amendment/Modification of Exhibits A, B, and C
1. The Participating Entities acknowledge and agree that Exhibits A, B, and C may
be amended to add or remove entities wishing to participate or cease participating in the
agreement. The Participating Entities agree to future amendments of Exhibits A, B, and C and
authorize the County to enter into such amendments without the Entities' having to sign the
future amendments. The County agrees to notify all Participating Entities of any amendments to
Exhibits A, B, and C.
2. Except as otherwise provided, this Agreement may not be amended in any respect
whatsoever except by a further agreement in writing, duly executed by the parties to this
agreement. No official, representative, agent, or employee of the County has any authority to
modify this Agreement except by express authorization from the Travis County Commissioners
Court. No official, representative, agent, or employee of any Participating Entity has any
authority to modify this agreement except by express authorization from the governing body of
the respective Participating Entity. The Travis County Clerk may propose necessary
amendments to this agreement in writing in order to conduct the joint election smoothly and
efficiently. The Travis County Commissioners Court and the governing body of the respective
Participating Entity, however, must approve any proposal.
B. Notice
Any notice to be given in this agreement, by any party to the other, must be in writing and
delivered personally or by certified mail, return receipt requested, to the proper party at the
addresses listed in Exhibit A.
Each party may change the address for notice to it by giving notice of the change under this
section's terms.
C. Force Majeure
In the event that the County cannot perform any of its obligations in this agreement or is
interrupted or delayed by any occurrence not occasioned by its own conduct, whether it be an act
of God, the result of war, riot, civil commotion, sovereign conduct, or like reason, then the
County will be excused from performing for such period of time as is reasonably necessary after
such occurrence to remedy its effects.
D. Venue and Choice of Law
The Participating Entities agree that venue for any dispute arising under this agreement will lie in
the appropriate courts of Austin, Travis County, Texas. This agreement is governed by and
construed under the laws of Texas and the United States of America.
E. Entire Agreement
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8
This agreement contains the parties' entire agreement relating to the rights granted and the
obligations assumed in it, and it supersedes all prior agreements, including prior election services
contracts relating to each Participating Entity's November 2, 2010 election. Any prior
agreements, promises, negotiations, or representations not expressly contained in this agreement
are of no force or effect. Any oral representations or modifications concerning this agreement
have no force or effect, except a subsequent amendment in writing as this agreement provides.
F. Severability
If any provision of this agreement is found to be invalid, illegal or unenforceable by a court of
competent jurisdiction, such invalidity, illegality, or unenforceability will not affect the
agreement's remaining provisions; and its parties will perform their obligations under the
agreement's surviving terms and provisions.
G. Breach
In the event that any Participating Entity or the County breaches any of its obligations under this
agreement, the non -breaching party will be entitled to pursue any and all rights and remedies
allowed by law.
H. Payments from Current Revenues
Payments made by the Participating Entities in meeting their obligations under this agreement
will be made from current revenue funds available to the governing body of the respective
Participating Entity. Payments made by the County in meeting its obligations under this
agreement will be made from current revenue funds available to the County.
I. Other Instruments
The Participating Entities agree that they will execute other and further instruments or any
documents as may become necessary or convenient to effectuate and carry out this agreement's
purposes.
J. Third Party Beneficiaries
Except as otherwise provided in this agreement, nothing in this agreement, expressed or implied,
is intended to confer upon any person, other than the parties to it, any of its benefits, rights or
remedies.
K. Other Joint Election Agreements
The County and the Participating Entities expressly understand and acknowledge that each may
enter into other joint election agreements with other political subdivisions, to be held on Election
Day and at common polling places covered by this agreement, and that the addition of other
political subdivisions as parties to this agreement will require amending Exhibits A, B, and C.
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9
L. Mediation
When mediation is acceptable to both parties in resolving a dispute arising under this agreement,
the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of
competent jurisdiction, for mediation as described in Texas Civil Practice and Remedies Code
section 154.023. Unless both parties are satisfied with the mediation's result, the mediation will
not constitute a final and binding resolution to the dispute. All communications within the scope
of the mediation will remain confidential as described in section 154.023, unless both parties
agree, in writing, to waive the confidentiality. Despite this, the parties intend to fully comply
with the Texas Open Meetings Act and the Texas Public Information Act whenever applicable.
The term "confidential" as used in this agreement has the same meanings as defined and
construed under the Texas Public Information Act and the Texas Open Meetings Act.
M. Counterparts
This Agreement may be executed in multiple counterparts, all of which will be deemed originals
and with the same effect as if all parties to it had signed the same document. All of such
counterparts willl be construed together and will constitute one and the same agreement.
The parties to this agreement have executed it in multiple copies, each of equal dignity,
on this 1444"day of f\. o.,,..{ -,LA- , 2010.
238305-1 064
10
TRAVIS COUNTY
BY:
BY:
238305-1 064
.
Samuel T. Biscoe
County J . e
Dana DeBeauvoir
County Clerk
11
PARTICIPATING ENTITIES
Name of Participating Entity City of Austin
Address 301 W. 2nd Street
Name of Authorized Signatory Shirley Gentry
Signature ` 1
Date signed October 11, 2010
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PARTICIPATING ENTITIES
Name of Participating Entity City of Bee Cave
Address 4000 Galleria Parkway
Bee Cave, Texas 78738
Name of Authorized Signatory Mayor Pro Tem Jack McCool
Signature
Date signed /e /i GAO
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PARTICIPATING ENTITIES
Name of Participating Entity ty I v15 U.)00 d
Address 4(3 x britr-L.
RolliviToOo 7-)4 g q&
il• 6114,-% n
Name of Authorized Signatory
Signature
Date signed Od-nbe y 02 7, c.;20/0
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PARTICIPATING ENTITIES
Name of Participating Entity
Address
G?hi of 17. V 1 t2cfC
Nlcv(I rye F
'Qaph4 gait, It 3s664,
Name of Authorized Signatory ___PGtH 46GWAVV, j✓(kter
Signature
Date signed 10, 2J ). lc.)
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PARTICIPATING ENTITIES
Name of Participating Entity
Address 1930 Aar& u t /4 five.
r% 7S'52
Name of Authorized Signatory ,h14(„
Signature 4t,ht P.
Date signed
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12
PARTICIPATING ENTITIES
Name of Participating Entity Col/qA(4 )3-D
Address po. 0. a OX c > 7
Coy/Gold , 1x. ?& Des.
Name of Authorized Signatory 6 Q.. r GJ. C 1\a, .“1/471--
)z)
c1/471-
.
Signature
Date signed /0 / a g / .2_0/ 0
7-0
-�
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PARTICIPATING ENTITIES
Name of Participating Entity gtX lel es bet cl €?Q4AdQ,4 SdtbD IP `s' ca -
Address 600 ( Cfitw.,p Gro 44-
104b
1`1 I `V
Name of Authorized Signatory tdA Wel( vi&A") S./re-v-1 ". 'kV% OteoWi-
-)1
Signature
Date signed
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12
PARTICIPATING ENTITIES
Name of Participating Entity RA 7vi S CDu 1V T E S-6
Address I/3DD /V . L11/11AA &vv , STS y/4
t1 S P J / X - 7g753
Name of Authorized Signatory 169-1/11- Atai 9f 104.40,
c.
Signature 04/14/P/54411--11`te(-'L—
Date signed /� P-4-ekL LD /
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12
PARTICIPATING ENTITIES
Name of Participating Entity
Address
Name of Authorized Signatory
Signature
Date signed
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rrtv1sCot7tn+y E D 5
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ig 61 0
..ibLati 803 031i3
prey e.nk-
12
EXHIBIT A
PARTICIPATING ENTITIES
City of Austin
City of Bee Cave
City of Rollingwood
City of Round Rock
Austin Community College
Coupland ISD
Eanes ISD
Travis County ESD 4
Travis County ESD 5
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EXHIBIT B
MAPS AND DESCRIPTIONS
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1
EXHIBIT C
COST ESTIMATE
Cost Estimate
Travis County $
City Of Rollingwood $
City Of Austin $
City Of Bee Cave $
City Of Round Rock $
Emer Svc Dist 4 $
Emer Svc Dist 5 $
Eanes ISD $
Coupland ISD $
693,727.52
296.05
478,553.74
616.21
175.85
799.15
1,493.47
4,458.57
15.50
Administration
$ 29.61
$ 47,855.37
$ 61.62
$ 17.58
$ 79.91
$ 149.35
$ 445.86
$ 1.55
Total
Estimated
Costs
$ 693,727.52
$ 325.66
$ 526,409.11
$ 677.83
$ 193.43
$ 879.06
$ 1,642.82
$ 4,904.43
$ 17.05
75%
$ 244.25
$394,806.84
$ 508.37
$ 145.07
$ 659.30
$ 1,232.12
$ 3,678.32
$ 12.79
$ 1,180,136.06 $ 48,640.85 $1,228,776.92 $401,287.06
ACC - Elgin ISD $ 744.97 $ 74.50 $ 819.47
ACC - Hays ISD $ 46.14 $ 4.61 $ 50.75
Total - ACC $ 791.11 $ 79.11 $ 870.22 $ 652.67
Total Billing $ 1,180,927.17 $ 48,719.96 $1,229,647.14 $401,939.73
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