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R-2022-042 - 2/10/2022 RESOLUTION NO. 11-2022-042 WHEREAS, the City Of Round Rock wishes to enter into an of with travis County to, conduct elections held through May 7, 2022. and WHEREAS, Travis Count), has submitted a proposed Election Agreement Between Travis County and City of ROLInd Rock ("Agreement"), and WHEREAS, the City Council desires to enter into said Agreement, NowTheref'ore 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 Agreement Between Travis County and City of bound Rock to conduct elections held through May 7, 2022, a copy of"said Agreement being attached hereto as Exhibit "A" and incorporated herein fear 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 I Oth day of February, 2022. CRAK Mayor C -�R k, Texas City oi oolZ�(rocl' ATTEST: KS, Ci MF AGAN S,l 9AClerk I KS, Ci tai t'I 2022'21;4879 461.5436 EXHIBIT "A„ ELECTION AGREEMENT BETWEEN TRAVIS COUNTY AND CITY OF ROUND ROCK Pursuant to Chapter 31, Subchapter D, Chapter 123, and Chapter 271 of the Texas Election Code and Chapter 791 of the Texas Government Code, Travis County (the "County") and City of Round Rock ("Participating Entity") enter into this agreement (this "Agreement") for the Travis County Clerk, as the County's election officer (the "Election Officer"), to conduct the Participating Entity's elections, including runoffs, and for the Participating Entity's use of the County's current or future-acquired election equipment for any voting system that the County adopts, as authorized under Title 8 of the Texas Election Code, for all Participating Entity elections. The purpose of this Agreement is to maintain consistency and accessibility in voting practices, polling places, and election procedures in order to best assist the voters of the Participating Entity. Section 1. GENERAL PROVISIONS (A) Except as otherwise provided in this Agreement, the term "election" refers to any Participating Entity election, occurring on any uniform election date prescribed by the Texas Election Code or a primary election date,along with any resulting runoff, if necessary, within all Participating Entity's territory located in Travis County. If a runoff is necessary, the Participating Entity shall work with the Election Officer to determine a mutually acceptable run-off date. In the event that the Participating Entity and the Election Officer do not agree on a run-off date, the Participating Entity agrees to the run-off date selected by the Election Officer. (B) If the Participating Entity determines it is necessary to conduct an election during a time other than that specified in Section 1(A), the Election Officer and a representative designated by the Participating Entity will meet as soon as possible thereafter to determine the feasibility of the Election Officer conducting such an election. If both parties agree that the Election Officer will administer the election, the new election will be based on all other applicable provisions of this Agreement except provisions that are inconsistent and cannot be feasibly applied. (C) Except as otherwise provided in this Agreement: (1) The term "Election Officer" refers to the Travis County Clerk; (2) The term "precinct" means all precincts in the territory of the Participating Entity located within Travis County. (3) The term"election services" refers to services used to perform or supervise any or all of the duties and functions that the Election Officer determines necessary for the conduct of an election. (4) The term "cost for election services" includes the costs for personnel, supplies, materials, or services needed for providing these services as 1 Revised January 2022 permitted by the Texas Election Code but does not refer to costs relating to the use of the voting equipment. (D) Exc pt as otherwise provided in this Agreement, the cost for "use of voting equipment' for a particular election is the amount the County will charge the Par icipating Entity for use of the County's voting equipment in use at the time of that election. (E) The Participating Entity agrees to commit the funds necessary to pay for all election-related expenses for Participating Entity elections in accordance with this Agreement. (F) The Election Officer has the right to enter into agreements with other entities at any time, including during the dates listed in Section 1(A). (G) As a condition for providing election services and equipment usage, the Election Officer may require authorities of political subdivisions holding elections on the same day in all or part of the same territory to enter into a joint election agreement as authorized in Chapter 271 of the Texas Election Code, and the Participating Enti agrees to enter into any joint election agreement required by the County. SECTION . PARTICIPATING ENTITY'S USE OF VOTING EQUIPMENT; DUTIES OF T E ELECTION OFFICER AND OF THE PARTICIPATING ENTITY The Coun shall make available to the Participating Entity the County's current voting system anany future-acquired voting system as authorized under Title 8 of the Texas Election C de, subject to restrictions and conditions imposed by the Election Officer to ensure av ilability of the equipment for County-ordered elections, primary elections, special ele tions,and subsequent runoff elections, if applicable. The Election Officer may also impos restrictions and conditions to protect the equipment from misuse or damage. SECTION 3. APPOINTMENT OF ELECTION OFFICER (A) The Travis County Election Officer("Election Officer") is appointed to serve as the Part cipating Entity's Election Officer and Early Voting Clerk to conduct the Part cipating Entity's elections described in Section 1. (B) As tl ie Participating Entity's Election Officer and Early Voting Clerk, the Election Offic ar shall coordinate, supervise,and conduct all aspects of administering voting in Participating Entity elections in compliance with all applicable laws, subject to Sect on 3(C) below. (C) The articipating Entity shall continue to perform those election duties listed in (1) through (7) below and any other election duties, such as receipt of candidate applications, that are not allowed to be delegated to another governmental entity: 2 Revised January 20 Z2 (1) Preparing, adopting,and publishing all required election orders, resolutions, notices, and other documents, including bilingual materials, evidencing action by the governing authority of the Participating Entity necessary to the conduct of an election, except that: a. The Election Officer does not provide newspaper notices on behalf of the Participating Entity with respect to a specific election. b. With respect to each debt obligation election the Election Officer conducts for the Participating Entity pursuant to this Agreement: I. The Election Officer, after receiving from the Participating Entity a copy of the debt obligation election order, shall post the notice required by and in accordance with Texas Election Code Section 4.003(f)(1) on election day and during early voting by personal appearance, in a prominent location at each polling place; ii. The Election Officer shall provide written confirmation to the Participating Entity that the debt obligation election order was posted in accordance with Texas Election Code Section 4.003(f)(1); and iii. The Participating Entity shall pay any applicable expenses incurred by the Election Officer that directly relates to the posting required by Texas Election Code Section 4.003(%1). (2) Preparing the text for the Participating Entity's official ballot in English and Spanish and any other languages as required by law; (3) Providing the Election 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; (4) Conducting the official canvass of a Participating Entity election; (5) Administering the Participating Entity's duties under state and local campaign finance laws; (6) Filing the Participating Entity's annual voting system report to the Secretary of State as required under Texas Election Code Chapter 123. (D) The Participating Entity shall also be responsible for proofing and attesting to the accuracy of all ballot language, including any required language translations, and format information programmed by the County. This includes any information programmed for use with the audio or tactile button features of the equipment. The Participating Entity may also monitor and review all logic and accuracy testing and mandatory tabulations. The Participating Entity will complete its duties within timeframes as prescribed by the County. If the Participating Entity finds any discrepancies or concerns, it will immediately report them to the Election Officer and work with her to resolve any issues so that final approval can be reached. The 3 Revised January 2022 Pa icipating Entity shall be responsible for any and all actual costs associated wit correcting the ballot and ballot programming if the error is discovered after the Pa icipating Entity has signed off on its final proof containing the error. (E) Th City Clerk will assist the County whenever possible when the conduct of the eleetion requires assistance from Participating Entity departments and staff. The Ci Clerk will serve as the Regular Early Voting Clerk for the Participating Entity to i ceive requests for applications for early voting ballots and forward these ap lications to the Joint Early Voting Clerk. The City Clerk will serve as the Cu todian of Records for the Participating Entity to complete those tasks in the Te s Election Code that the Election Officer will not perform. SECTION 4. ELECTION WORKERS AND POLLING PLACES (A) For resentation to the governing body of the Participating Entity,the County shall pro Ade a list containing the locations, times, and dates of early voting polling places suitable for consideration and adoption by the governing body in accordance with Texas Election Code Chapter 85. The Election Officer will designate and confirm all Election Day polling place locations. (B) The Election Officer will assume the responsibility for recruiting election personnel; how ver, if by the 5th day before the Election, the Election Officer reports vacancies in positions for election judges, alternate judges, election day clerks, earl voting ballot board, receiving substation clerks, or any other key election pers nnel, the Participating Entity shall provide emergency personnel in these positions. (C) Thelection Officer shall notify each of the election judges and alternates of their app intment and the eligibility requirements that pertain to them and to the sele on of Election Day clerks. Included in this notification will be the number of cler s that each precinct should have in addition to the election judge and alternate judg The election judges and/or the alternates are responsible for recruiting and supervising their clerks. (D) All a ection workers must agree to attend training sessions as determined by the Elec ion Officer. Costs for these training sessions and compensation for attendees will a included as part of the election services costs. (E) Durii ig any election and any subsequent runoff election that involve entities in addi 11 ion to the Participating Entity, the Election Officer will work with all parties to find plan that can be agreed upon regarding the designation of polling places. If agrement cannot be reached, the Election Officer will resolve the differences. In all c ses the Election Officer has sole discretion to determine whether olli a place Chan es are necessary. 4 Revised January 20!2 SECTION 5. PAYMENTS FOR ELECTION SERVICES (A) Costs and payments for the use of voting equipment are addressed separately in Section 6 of this Agreement, (B) Ike g,uests,.,for Election Services. For each election the Participating Entity desires the Election Officer to conduct, the Participating Entity must submit a written request to the Election Officer that describes the general nature of the election and specifies the date of the election. (C) Cancellations, On or before 11:59 p.m. on the 68th day before an election for which the Participating Entity has requested election services, the Participating Entity shall notify the Election Officer as to whether the Participating Entity anticipates the cancellation of its election, and on or before 11:59 pm. on the 60th day before the election the Participating Entity shall notify the Election Officer as to whether the Participating Entity will cancel that election. If the Election Officer receives written notice from the Participating Entity on or before, 11:59 p.m. of the 60th day before an election that the Participating Entity's election will be cancelled, the Contracting Officer shall only be entitled to receive the actual expenses incurred before the date of cancellation in connection with the election andl an administrative fee of$75 in accordance with Sections 2.051 - 2.053 of the Texas Election Code. (D) Notice, Cost Estimate, Initial Invoicing, and Initial Payment. (1), Notwithstanding the provisions in Section, 9(B), the County and the Participating Entity agree that notice under Section 5 can be provided via e- mail. The following e-mail address will be used for e-mail communications to or from the County pursuant to Section 5: eqecfionswtIlru umiscognty.t ,E'Lgy, with a copy to BectionEntHiLgj 1 ;tjg'Lly )L,q�Y. The Participating Entity has designated the City Clerk as the Participating Entity's representative for sending and receiving e-mail communications under Section 5, and the Participating Entity designates the following e-mail address as the Participating Entity's email address for sending and receiving e-mail communications pursuant to Section 5: rnLO I, E S1inl,,_ _Jroc nciro.c.kte'L,, ml V. (2) Initial Cost Estimate. On or before the 60th day before an election for which the Participating Entity has requested election services, the Election Officer will mail and/or email to the Participating Entity a cost estimate for conducting the election. The cost estimate will include an administrative fee that is equal to 10% of the total estimated cost of conducting the Participating Entity's election, excluding the costs of voting equipment. In the event of a joint election, the cost estimate will reflect that election costs will be divided on a pro rata basis among all entities involved in the election in the manner set forth in this, Section 5. The proportional cost for the Election Officer to conduct each participating entity's election will be calculated by dividing the number of registered voters, in the territorial jurisdiction of each participating entity by the total number of registered voters for all of the participating 5 Revised.lanuary 2022 entities involved in the joint election and multiplying that quotient by the total cost of the election. The product of these numbers is the pro rata cost share for each participating entity. The Participating Entity acknowledges and understands that if any other participating entity listed in the cost estimate cancels its election, each remaining participating entity's pro rata cost (including the Participating Entity's pro rata cost share) will result in a proportionate cost increase. (3) Initial Invoice and Initial Payment. Along with the initial cost estimate, the Election Officer will also include an initial invoice for the Participating Entity to pay 75% of the initial cost estimate. The Participating Entity must pay the County the amount specified in each invoice no later than 30 days after the Participating Entity's receipt of the invoice. (4) Runoff Elections. For each runoff election the Participating Entity has requested that the Election Officer conduct, the Participating Entity must make a payment equal to 75% of the projected costs for the runoff election no later than three business days after receiving that cost estimate from the Election Officer. The projected share of election costs will include an administrative fee that is equal to 10% of the total estimated cost of conducting the Participating Entity's runoff election, excluding the costs of voting equipment. (5) Each party may change its respective email addresses for e-mail communications under this Section 5, without the need to amend this Agreement, by sending notice to the other party in accordance with Section 9(B). (F) Final Accounting and Final Invoice. The County will send the Participating Entity a fin 31 invoice of election expenses not later than 90 days after an election unless the Election Officer notifies the Participating Entity during that 90-day period folio ving the election that the Election Officer requires additional time to send a final invoice to the Participating Entity. The final invoice will include a listing of additional costs incurred at the Participating Entity's behalf and specify the total payment due from the Participating Entity for any unpaid portion of the Part cipating Entity's costs. (1) Within 30 days after receipt of an election cost invoice setting forth the Election Officer's actual contract expenses and charges incurred in the conduct of the election, the Participating Entity shall pay the Election Officer the balance due on each final invoice no later than 30 days after the Participating Entity's receipt of that invoice. (2) A refund may be due from the County to the Participating Entity if the final costs are lower than the amount already paid by the Participating Entity or if, at the end of the calendar year, the County Auditor's Office makes 6 Revised January 20 Z2 adjustments to the election workers' payroll and the amount already paid by the Participating Entity for election worker payroll costs exceeds the payroll amounts calculated by the County Auditor's Office. (G) The Participating Entity shall promptly review an election invoice and any supporting documentation when received from the County. The Participating Entity may audit, during the County's normal business hours, relevant County election or accounting records upon reasonable notice to the County. The Participating Entity shall pay the entire final invoice or the undisputed portion of the final invoice not later than the 30th day after receiving the invoice. Failure by the Participating Entity to timely pay an invoice in full may impact the Election Officer's participation in future elections with the Participating Entity. SECTION 6. PAYMENTS FOR USE OF VOTING EQUIPMENT (A) The Election Officer shall conduct elections using a voting system certified by the Secretary of State in accordance with the Texas Election Code and that has been approved for use by the Travis County Commissioners Court unless otherwise agreed upon by the Participating Entity, the Travis County Clerk, and the Travis County Commissioners Court. (B) The Participating Entity shall make payments to Travis County as consideration for the use of the County's voting equipment. (1) For each election the Election Officer conducts for the Participating Entity after January 1,2022,through January 1,2023,the Participating Entity shall pay two percent of the cost of the electronic voting system equipment installed at a polling place and two percent for each unit of other electronic equipment used by the Travis County Clerk's Office to conduct the election or provide election services. (2) In this Agreement "other electronic equipment' includes ballot marking devices, ballot scanners, ballot printers, ballot tabulators, electronic pollbooks, and ballot programming software. (C) Payment by the Participating Entity to the County for voting equipment is due no later than 30 days after the Participating Entity's receipt of an invoice from the County. (D) If the County acquires additional equipment, different voting equipment, or upgrades to existing equipment during the term of this Agreement, the charge for the use of the equipment may be renegotiated. SECTION 7. ADDITIONAL EARLY VOTING LOCATIONS (A) All of the Participating Entity's voters within Travis County will have access to all of the Travis County Early Voting sites in each election at no additional cost. 7 Revised January 2022 (B) If t e Participating Entity desires to have one or more early voting sites that are in ad ition to those sites the Election Officer has already selected for a specific ele tion, the Participating Entity must submit the request to the Election Officer no late than 60 days before the election, and the Election Officer will thereafter prol ride a written estimate to the Participating Entity that sets forth the estimated cos for providing the additional early voting location(s) and the deadline by which the cost estimate must be paid. If, after receiving the cost estimate, the Pa icipating Entity desires to move forward with having the additional early voting lou tion(s), the Participating Entity will notify the Election Officer and include pay Tient of the cost estimate with the Participating Entity's notice to the Election Offs r no later than the deadline specified in the Election Officer's cost estimate. Pur want to Texas Election Code Section 85.064(b) and notwithstanding any provision to the contrary, the Election Officer has sole discretion to determine whether to provide any additional early voting sites requested by the Participating En ti ty. SECTION 8. COMMUNICATIONS (A) The Participating Entity and the Election Officer shall each designate a member of thei staff to serve as the primary contact for the respective offices under this Agreement and provide the name and contact information for that individual to the oth r party. Each party may change their designated staff members by sending notice to the other party without the further need to amend this Agreement. (B) Thrc ughout the term of this Agreement, the Participating Entity and the County will engage in ongoing communications on issues related to Participating Entity elec ions, the use of County's voting equipment,and the delivery of services under this Agreement and, when necessary, the County Clerk, Elections Division staff members, and other election workers shall meet with the Participating Entity to discuss and resolve any problems which might arise under this Agreement. (C) The Election Officer shall be the main point of media contact for election inforrnation related to election administration. The Participating Entity shall designate a contact to be the main point of contact for matters related to the cont nt of the Participating Entity's ballot or candidates. SECTION 9. MISCELLANEOUS PROVISIONS (A) Amendment/Modification Except as otherwise provided, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing and duly executed by the parties hereto. No official, representative,agent, or employee of the County has any authority to modify this Agreement except pursuant to such 8 Revised January 2 2 expressed authorization as may be granted by the Commissioners Court of Travis County,Texas. No official, representative, agent, or employee of the Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted by the governing body of the Participating Entity. Rebecca Guerrero, Travis County Clerk (or her successor), may propose necessary amendments or modifications to this Agreement in writing in order to conduct a joint election smoothly and efficiently, except that any such proposals must be approved by the Commissioners Court of the County and the governing body of the Participating Entity. (B) Notice Unless otherwise provided herein, any notice to be given hereunder by any party to the other shall be in writing and may be affected by personal delivery, by certified mail, or by common carrier. Notice to a party shall be addressed as follows: CITY OF ROUND ROCK City Manager 221 East Main Street Round Rock, Texas 78664 TRAVIS COUNTY Honorable Rebecca Guerrero, Travis County Clerk (or her successor) 1000 Guadalupe Street, Room 222 Austin, Texas 78701 Cc: Honorable Delia Garza, Travis County Attorney (or her successor) 314 West 11 th Street, 5th Floor Austin, Texas 78701 Notice by hand-delivery is deemed effective immediately, notice by certified mail is deemed effective three days after deposit with a U.S. Postal Office or in a U.S. Mail Box, and notice by a common carrier, is deemed effective upon receipt. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. When notices by e-mail are permitted by this Agreement, (1) the notice is deemed effective upon the day it is sent if the e-mail is received before 5:00 p.m. on a business day; (2) the notice is deemed effective on the first business day after the e-mail was received if the email was received after 5:00 p.m. on a business day or anytime on a Saturday or Sunday. In this Agreement, "business day" means any weekday that is not a holiday designated by the Travis County Commissioners Court. (C) Force Majeure In the event that the performance by the County of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence not 9 Revised January 2022 occasioned by its own conduct, whether such occurrence be an act of God or the result of war, riot, civil commotion,sovereign conduct, or the act or condition of any pe ons not a party hereto or in privity thereof, then it shall be excused from such pe ormance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. (D) Ver ue and Choice of Law The Participating Entity agrees that venue for any dispute arising under this Agr ement will lie in the appropriate courts of Austin, Travis County, Texas. This Agr ement shall be governed by and construed in accordance with the laws of the Sta a of Texas and the United States of America. (E) Entire Agreement Thic, Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and also supersedes all prior agreements, including prior election services contracts and prior agreements to conduct joint elections. Any prior agreements, promises, negotiations, or repr Dsentations not expressly contained in this Agreement are of no force or effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing as provided herein. (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 shall notaffect the remaining provisions of this Agreement. Parties to this Agreement shal perform their obligations under this Agreement in accordance with the intent of tt e parties to this Agreement as expressed in the terms and provisions of this Agr ement. (G) Brec, ch In the event that Participating Entity or County breaches any of its obligations under this Agreement,the non-breaching party shall be entitled to pursue any and all rights and remedies allowed by law. (H) Payments from Current Revenues Payments made by the Participating Entity in meeting its obligations under this Agreement shall be made from current revenue funds available to the governing body of the Participating Entity. Payments made by the County in meeting its obligations under this Agreement shall be made from current budget or revenue avail able to the County. 10 Revised January 2C 22 (1) Other Instruments The County and the Participating Entity agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry out the purposes of this Agreement. (J) Third Party Beneficiaries Except as otherwise provided herein, nothing in this Agreement, 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 Agreement. (K) Joint Election Agreements The County and the Participating Entity expressly understand and acknowledge that each may enter into other joint election agreements with other jurisdictions, to be held on Election Day and at common polling places covered by this Agreement. 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 Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.053 of the Texas Civil Practice and Remedies Code unless both parties agree, in writing, to waive the confidentiality. Notwithstanding the foregoing, 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 meaning as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. (L) Addresses for Payments Payments made to the County or the Participating Entity under this Agreement shall be addressed to following respective addresses: Travis County Clerk—Elections Division P.O. Box 149325 Austin, Texas 78714 City of Round Rock 221 East Main Street Round Rock, Texas 78664 11 Revised January 2022 (M) Thi Agreement is effective upon execution by both parties and remains in effect unti either party terminates this agreement for any reason upon providing 60 days writ en notice to the other party. (N) Alltimes referenced in this Agreement are to Central Time, and in all instances, the time-stamp clock used by the Travis County Clerk's Office at 5501 Airport Boulevard in Austin, Texas is the official clock for determining the correct time. (0) The individuals below have been authorized to sign this Agreement. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement in multiple cc pies, each of equal dignity, and this Agreement takes effect on the date it is fully execu ed by the Participation Entity, the Travis County Judge (on behalf of the Travis County Commissioners Court), and the Travis County Clerk. /Signatures on following page] 12 Revised January 2 22 CITY OF ROUND ROCK BY: Craig Morgan Mayor DATE: TRAVIS COUNTY BY: Andy Brown (or his successor) County Judge DATE: BY: Rebecca Guerrero (or her successor) County Clerk DATE: 13 Revised January 2022