R-05-11-17-4C - 11/17/2005RESOLUTION NO. R -05-11-17-4C
WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson
County Elections Administrator to conduct the December 17, 2005 Special Runoff Election, and
WHEREAS, the Williamson County Elections Administrator has submitted a proposed
Election Services Contract ("Contract"), and
WHEREAS, the City Council desires to enter into said Contract, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Election Services Contract with the Williamson County Elections Administrator to conduct the
December 17, 2005 election, a copy of said Contract being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 17th day of November 2005.
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
ELECTION SERVICES CONTRACT
This contract is entered into between the WILLIAMSON COUNTY ELECTIONS
ADMINISTRATOR, hereinafter referred to as Administrator, and the CITY OF ROUND
ROCK, hereinafter referred to as City, acting by and through its City Council.
The City and the Administrator are entering into this contract to secure
election services from the Administrator for a runoff election to be conducted
by City and Williamson County on December 17, 2005 and in connection therewith
do hereby agree as follows:
1. The Administrator shall be responsible for providing the following services:
a. Procuring, allocating, and distributing all election supplies,
including coordination of ballot printing;
b. Arranging for election officers and personnel necessary to conduct
the runoff election on December 17, 2005, including personnel to conduct the
verification count after the election;
c. As the Early Voting Clerk for the runoff election, making
arrangements for locations and clerks, providing modems and terminals if
requested, and conducting early voting by mail;
d. Arranging for election day polling locations and providing
appropriate number of voting booths;
e. Providing pre -sealed ballot boxes;
f. Testing of tabulation of equipment;
g. Keeping the Administrator's office open on election day from 7 a.m.
until all work is completed and providing assistance to election workers and
the public on election day;
h. Operating the central counting station in the Williamson County
Annex on election day and providing final unofficial returns to City by
December 23, 2005. The City will conduct a canvass to make results official.
i. Submitting to City within 45 days a statement of costs payable
based on use of combined ballots, polling places, supplies, programming, etc.,
with costs to be allocated in proportion to each entity's actual share of
expenses; costs to be itemized and based on actual invoices or other
appropriate documents;
j. Conducting election schools for early voting and election day clerks
if necessary.
2. The City shall be responsible for the following actions:
a. Authorizing the number of ballots to be ordered for election day
and early voting;
b. Paying a proportionate cost, approximating the cost estimate, for
election workers and polling place expenses, including furniture rental, if
any;
c. Paying Williamson County an administrative fee not to exceed 10
percent of City's share of the actual cost of the election;
d. Preparing and submitting to the U.S. Department of Justice any
changes to voting practices or procedures;
EXHIBfl' q'
e. Appointing Administrator as an Early Voting Clerk for the election
and as the Presiding Judge of the Central Counting Station, and forwarding any
ballot by mail applications to Administrator;
f. Appointing Administrator as agent to Custodian of Election Records
for the runoff election;
g. Paying the full amount of $32,049.21 at any time on or before
November 30, 2005.
h. Paying the final costs of the runoff election within 30 days of the
date on which City receives the statement of costs from Administrator. If
there is a surplus amount, the County will pay the surplus back to the City
within 60 days of the election.
i. Paying City's share of overtime, security, and I.T. support costs
directly to the persons providing those services.
3. In connection with the performance of this contract, neither Williamson
County nor the Administrator shall be liable to third parties for any default
of City in connection with the holding of the runoff election, including the
failure by City to pay any expenses hereunder, and such City shall not be
liable to third parties for any default of the Administrator in connection with
the holding of the runoff election.
4. This contract shall be constructed under and in accordance with the laws
of the State of Texas.
5. In case any one or more of the provisions contained in this contract for
any reason shall be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any
other provisions hereto, and this contract shall be construed as if such
invalid, illegal, or unenforceable provisions had never been contained herein.
6. No amendment, modifications, or alteration of the term hereof shall be
binding unless the same is in writing, dated subsequent to the date of this
contract and duly executed by the parties hereof.
This contract is effective on the day of , 2005.
Mayor, City of ROUND ROCK
Williamson County Elections Administrator
ATTEST:
DATE: November 16, 2005
SUBJECT: City Council Meeting - November 17, 2005
ITEM: 4.C. Consider a resolution authorizing the Mayor to execute an Election
Services Contract with the Williamson County Elections Administrator to
conduct the December 17, 2005 Special Runoff Election.
Department: Administration Department
Staff Person: Christine Martinez, City Secretary
Justification:
This contract is for election services from Cliff Borofsky, Williamson County Election
Administrator to conduct the Special Runoff Election on December 17, 2005. This agreement
outlines the responsibilities of the Election Administrator and the City.
Funding:
Cost: $32,000 (approximately)
Source of funds: Budget
Outside Resources: Williamson County Election Administrator
Background Information:
Public Comment: None
ELECTION SERVICES CONTRACT
This contract is entered into between the WILLIAMSON COUNTY ELECTIONS
ADMINISTRATOR, hereinafter referred to as Administrator, and the CITY OF ROUND
ROCK, hereinafter referred to as City, acting by and through its City Council.
The City and the Administrator are entering into this contract to secure
election services from the Administrator for a runoff election to be conducted
by City and Williamson County on December 17, 2005 and in connection therewith
do hereby agree as follows:
1. The Administrator shall be responsible for providing the following services:
a. Procuring, allocating, and distributing all election supplies,
including coordination of ballot printing;
b. Arranging for election officers and personnel necessary to conduct
the runoff election on December 17, 2005, including personnel to conduct the
verification count after the election;
c. As the Early Voting Clerk for the runoff election, making
arrangements for locations and clerks, providing modems and terminals if
requested, and conducting early voting by mail;
d. Arranging for election day polling locations and providing
appropriate number of voting booths;
e. Providing pre -sealed ballot boxes;
f. Testing of tabulation of equipment;
g. Keeping the Administrator's office open on election day from 7 a.m.
until all work is completed and providing assistance to election workers and
the public on election day;
h. Operating the central counting station in the Williamson County
Annex on election day and providing final unofficial returns to City by
December 23, 2005. The City will conduct a canvass to make results official.
i. Submitting to City within 45 days a statement of costs payable
based on use of combined ballots, polling places, supplies, programming, etc.,
with costs to be allocated in proportion to each entity's actual share of
expenses; costs to be itemized and based on actual invoices or other
appropriate documents;
j. Conducting election schools for early voting and election day clerks
if necessary.
2. The City shall be responsible for the following actions:
a. Authorizing the number of ballots to be ordered for election day
and early voting;
b. Paying a proportionate cost, approximating the cost estimate, for
election workers and polling place expenses, including furniture rental, if
any;
c. Paying Williamson County an administrative fee not to exceed 10
percent of City's share of the actual cost of the election;
d. Preparing and submitting to the U.S. Department of Justice any
changes to voting practices or procedures;
e. Appointing Administrator as an Early Voting Clerk for the election
and as the Presiding Judge of the Central Counting Station, and forwarding any
ballot by mail applications to Administrator;
f. Appointing Administrator as agent to Custodian of Election Records
for the runoff election;
g. Paying the full amount of $32,049.21 at any time on or before
November 30, 2005.
h. Paying the final costs of the runoff election within 30 days of the
date on which City receives the statement of costs from Administrator. If
there is a surplus amount, the County will pay the surplus back to the City
within 60 days of the election.
i. Paying City's share of overtime, security, and I.T. support costs
directly to the persons providing those services.
3. In connection with the performance of this contract, neither Williamson
County nor the Administrator shall be liable to third parties for any default
of City in connection with the holding of the runoff election, including the
failure by City to pay any expenses hereunder, and such City shall not be
liable to third parties for any default of the Administrator in connection with
the holding of the runoff election.
4. This contract shall be constructed under and in accordance with the laws
of the State of Texas.
5. In case any one or more of the provisions contained in this contract for
any reason shall be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any
other provisions hereto, and this contract shall be construed as if such
invalid, illegal, or unenforceable provisions had never been contained herein.
6. No amendment, modifications, or alteration of the term hereof shall be
binding unless the same is in writing, dated subsequent to the date of this
contract and duly executed by the parties nereof.
is effe
This cont act ..(
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, C ti c ROUND ROCK
Wi 1
ty Elections Administrator
ATTEST:
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