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R-2022-108 - 3/24/2022 RESOLUTION NO�. R-2022-108 WHEREAS, the City of Round Rock Nvishes to enter into a Joint Election Agreement ("Agreement"') with 'rravis County and Participating Entities for the purpose of sharing election equipment, progranirning, election personnel, supplies, services, and administrative costs; and WHEREAS, this Agreement is made pursuant to Texas Election Code Sections 31.092 and 271.002 and "I'exas Education Code Section 1.1.05 1, for a joint election to be held on the uniform election date oil*May 7, 2022; and WHEREAS, the City Council desires to enter into said Agreement with Travis County, Now "I'lierel'ore BE IT RESOLVED BY TATA COUNCIL OF THE ciTY oiROUND ROCK, TEXAS, `I'liat the Mayor is hereby authorized and directed to execute on behalf of the City, the Joint Election Agreement, a copy of said Agreement being attached hereto as Exhibit ­A" and incorporated herein lor all purposes. The City Council hereby finds and declares that written notice of the date, [,our, place and subject of the meeting at which this lZesolution 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 hereofwere discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551; 'Texas Government Code, as amended. RESOLVED this 24th day ofMarch, 2022. (.,',RAI ' MOAN, Mayor City of roti rilzock, Texas )"w EA(JAN SkKS, Cry Clerk 011-1"20222,AS 74-002�1 ti2o EXHIBIT "Alp JOINT ELECTION AGREEMENT FOR MAY 79 2422 ELECTIONS Recitals 1. Travis County (the "County") will be conducting general and special elections for the participating entities(each,a"Participating Entity,"and together,the"Participating Entities") listed in Exhibit A, which is attached to and incorporated into this agreement, on May 7, 2022. The Participating Entities require elections to be held on May 1, 2022 in those portions of Travis County as shown on the maps and metes and bounds descriptions in Exhibit B,also attached to and incorporated into this agreement. 2. Under Texas Election Code Section 271.002, 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 3. 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. 4. 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. Pursuant to Texas Election Code Sections 271.002 and 271.003 and Texas Government Code Chapter 791, this Joint Election Agreement is entered into by and between Travis County, a political subdivision of the State of Texas acting by and through the Travis County Commissioners Court,and the Participating Entities,each acting by and through their respective governing bodies. I. Scope of Joint Election Agreement This agreement covers the May 7, 2022 Joint General and Special Elections for the parties to this agreement to be held on May 7, 2022. The County and the Participating Entities will hold these elections on May 7,2022 ("Election Day")jointly for the voters in those portions of Travis County identified on the maps and descriptions 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, 1 922985(revised March 2022) 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 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 Participating Entity must make any additions,modifications,deletions,or other changes to such ballot contents or language before the Participating 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 will 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 will 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. 3 922985(revised March 2022) returns from the County. The Travis County Clerk will provide unofficial election results to the qualified individual appointed by each Participating Entity. 9. On Election Day, the Travis County Clerk or the clerk's Elections Division will field all questions from election judges. 10. The County will 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 will receive returns from the Travis County Clerk on Election Day. V. Election Night A. Count, 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. 5 922985(revised March 2022) 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 allocation percentages among the remaining Participating 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 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. 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 that Participating Entity pays the County its share of the joint election costs. IX. Miscellaneous Provisions 7 922985(revised March 2022) 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 May 1, 2022 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 cavy 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. L. Mediation 9 922985(revised March 2022) SIGNATURE PAGE Name of Participating Entity City of Round Rock, Texas Address 221 East Main Street Round Rock, Texas 78664 Name of Authorized Signatory Craig Morgan, MUor Signature Date signed E-mail address 922985 (revised December 2020)