R-07-02-22-8F2 - 2/22/2007RESOLUTION NO. R -07-02-22-8F2
WHEREAS, the City of Round Rock wishes to enter into a contract
with the Williamson County Elections Administrator to conduct the May
12, 2007 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 May 12, 2007 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 22nd day of February. 00
N
ayor
ity of Rou d Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
0:\wdox\RESOUrI\R70222F2.WPD/rmc
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CONTRACT FOR ELECTION SERVICES
This Contract is entered into by and between the WILLIAMSON COUNTY ELECTIONS
ADMINISTRATOR (ADMINISTRATOR) on behalf of WILLIAMSON County, a political
subdivision of the State of Texas, and the CITY OF ROUND ROCK (CITY) individually, a "Party"
or, collectively, the "Parties," pursuant to Texas Election Code Section 31.092.
RECITALS
WHEREAS, CITY, by appropriate action of its governing body acting in accordance with all
applicable laws, has called a joint election to be held with WILLIAMSON County and desires that
certain election services be provided by ADMINISTRATOR through the Elections Department; and
WHEREAS, ADMINISTRATOR has provided a cost estimate for election services to be
rendered by CITY under this Contract, which estimate is $13,000.00; and
WHEREAS, CITY and ADMINISTRATOR desire to enter into a contract setting out the
respective responsibilities of the parties;
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
PURPOSE
1.01 The Parties have entered into this Contract for election services described in Article II to be
provided to CITY for its election to be held on May 12, 2007.
ARTICLE II
SERVICES
2.01 ADMINISTRATOR agrees to provide to CITY the following general services:
(A) Procure and distribute election supplies, including, but not limited to, the
preparation, printing and distribution of ballots and sample ballots;
Procure election judges and clerks for early voting and Election Day voting;
(B)
(C) Procure early voting polling places and Election Day polling places, as
ordered;
(D) Procure, prepare, and distribute adequate election equipment and transport
equipment to and from the initial polling locations, including early voting
substations, for CITY;
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1
EXHIBIT
TIAIT
(E) Distribute the lists of registered voters to be used in conducting the election, as
provided by WILLIAMSON County Voter Registration pursuant to the
request by CITY;
(F)Pay Election Day and early voting judges and clerks;
(G) Pay the judges for election night returns and early voting returns;
(H) Provide information for election officers;
(I) Provide general overall supervision of the election and advisory services;
(J) Prepare writ of election to election officers and notice of appointment to
Presiding and Alternate judges, as required by law;
(K) Conduct early voting, in person and by mail, for CITY;
(L) Establish a Central Counting Station for the purpose of tabulating ballots;
(M) Provide such incidental related services as may be necessary to effect the
election;
(N) Meet ADA requirements as the law relates to polling locations and voter
assistance, etc; and
(0) Provide for Central Count Tabulation (s):
a. Preparation and programming of the ballots on the ES&S 650
Optical Scanner
b. Preparation and tabulation of votes from the iVotronic Voting System.
ARTICLE III
SCHEDULE FOR PERFORMANCE OF SERVICES
3.01 Specific services to be provided related to the general services identified in Article II shall be
performed in accordance with the time requirements set out in the Texas Election Code.
ARTICLE IV
SERVICES NOT PROVIDED BY COUNTY
4.01 ADMINISTRATOR shall have no responsibility for insuring the passage of the appropriate
Election Order by CITY, preparing or sending Justice Department Submissions, publishing
and (or) posting the election notice as required by the Texas Election Code Section 4.003, or
canvassing election results. ADMINISTRATOR shall have no responsibility as custodian of
CITY'S election records.
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ARTICLE V
TERM
5.01 Except as hereinafter set out, the term of this Contract shall be from the time of execution
until all items with respect to this Contract and the election held hereunder have been
completed.
ARTICLE VI
COST OF SERVICE AND BILLING
6.01 In consideration for the services provided hereunder by ADMINISTRATOR, CITY agrees to
pay ADMINISTRATOR its pro rata share of performing the services, including any overtime
incurred by ADMINISTRATOR'S employees. CITY further agrees to deposit with
ADMINISTRATOR $ (67% of the cost) no later than March 12, 2007 to cover the
estimated pro rata cost. The balance of projected costs will be due not later than July 2,
2007.
6.02 In the event the actual election costs exceed CITY'S deposit, the difference between the actual
costs and the deposit will be paid by CITY within 30 days after receiving an itemized invoice
from ADMINISTRATOR. Payment shall be made by check payable to WILLIAMSON
COUNTY and mailed to:
Elections Administrator
301 SE Inner Loop, Box 0209
Georgetown, TX 78627-0209
6.03 Any monies remaining after the payment of all costs of elections bills, shall be the property of
the CITY and returned to it.
ARTICLE VII
GENERAL PROVISIONS
7.01 This Contract shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in WILLIAMSON
County, Texas.
7.02 In case any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or
unenforceability shall not affect any other provision, and this Contract shall be construed as
if the invalid, illegal or unenforceable provision had never been a part of the Contract.
7.03 This Contract constitutes the only agreement of the Parties hereto and supersedes any prior
understanding or written or oral agreement between the parties respecting the written
subject matter.
7.04 No amendment, modification, or alteration of this Contract shall be binding unless it is in
writing, dated subsequent to the date of the Contract and duly executed by the Parties.
3
Executed in triplicate originals this _ day of 2007.
BY:
WILLIAMSON COUNTY CITY OF ROUND ROCK
ELECTIONS ADMINISTRATOR
RICK BARRON
4
BY:
PRINT: Nyle Maxwell
TITLE: Mayor
DATE: February 15, 2007
SUBJECT: City Council Meeting - February 22, 2007
ITEM: 8.F.2. Consider a resolution authorizing the Mayor to execute an
Election Services Contract with the Williamson County
Elections Administrator for the May 12, 2007 City Election.
Department: Administration Department
Staff Person: Christine Martinez, City Secretary
Justification:
This contract is for election services from the Williamson County Election
Administrator for the May 12, 2007 City Election. The agreement outlines the
responsibilities of the Administrator and the City for the election.
Funding:
Cost: $13,000 (estimate)
Source of funds: Operating Budget
Outside Resources: N/A
Background Information:
The Election Administrator for Williamson County has been conducting the City's
elections since 1991.
Public Comment: None
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CONTRACT FOR ELECTION SERVICES
This Contract is entered into by and between the WILLIAMSON COUNTY ELECTIONS
ADMINISTRATOR (ADMINISTRATOR) on behalf of WILLIAMSON County, a political
subdivision of the State of Texas, and the CITY OF ROUND ROCK (CITY) individually, a "Party"
or, collectively, the "Parties," pursuant to Texas Election Code Section 31.092.
RECITALS
WHEREAS, CITY, by appropriate action of its governing body acting in accordance with all
applicable laws, has called a joint election to be held with WILLIAMSON County and desires that
certain election services be provided by ADMINISTRATOR through the Elections Department; and
WHEREAS, ADMINISTRATOR has provided a cost estimate for election services to be
rendered by CITY under this Contract, which estimate is $13,000.00; and
WHEREAS, CITY and ADMINISTRATOR desire to enter into a contract setting out the
respective responsibilities of the parties;
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
PURPOSE
1.01 The Parties have entered into this Contract for election services described in Article II to be
provided to CITY for its election to be held on May 12, 2007.
ARTICLE II
SERVICES
2.01 ADMINISTRATOR agrees to provide to CITY the following general services:
(A) Procure and distribute election supplies, including, but not limited to, the
preparation, printing and distribution of ballots and sample ballots;
(B) Procure election judges and clerks for early voting and Election Day voting;
(C) Procure early voting polling places and Election Day polling places, as
ordered;
(D) Procure, prepare, and distribute adequate election equipment and transport
equipment to and from the initial polling locations, including early voting
substations, for CITY;
1
(E) Distribute the lists of registered voters to be used in conducting the election, as
provided by WILLIAMSON County Voter Registration pursuant to the
request by CITY;
(F) Pay Election Day and early voting judges and clerks;
(G) Pay the judges for election night returns and early voting returns;
(H) Provide information for election officers;
(I) Provide general overall supervision of the election and advisory services;
(J) Prepare writ of election to election officers and notice of appointment to
Presiding and Alternate judges, as required by law;
(K) Conduct early voting, in person and by mail, for CITY;
(L) Establish a Central Counting Station for the purpose of tabulating ballots;
(M) Provide such incidental related services as may be necessary to effect the
election;
(N) Meet ADA requirements as the law relates to polling locations and voter
assistance, etc; and
(0) Provide for Central Count Tabulation (s):
a. Preparation and programming of the ballots on the ES&S 650
Optical Scanner
b. Preparation and tabulation of votes from the iVotronic Voting *tan
ARTICLE III
SCHEDULE FOR PERFORMANCE OF SERVICES
3.01 Specific services to be provided related to the general services identified in Article II shall be
performed in accordance with the time requirements set out in the Texas Election Code.
ARTICLE IV
SERVICES NOT PROVIDED BY COUNTY
4.01 ADMINISTRATOR shall have no responsibility for insuring the passage of the appropriate
Election Order by CITY, preparing or sending Justice Department Submissions, publishing
and (or) posting the election notice as required by the Texas Election Code Section 4.003, or
canvassing election results. ADMINISTRATOR shall have no responsibility as custodian of
CITY'S election records.
2
ARTICLE V
TERM
5.01 Except as hereinafter set out, the term of this Contract shall be from the time of execution
until all items with respect to this Contract and the election held hereunder have been
completed.
ARTICLE VI
COST OF SERVICE AND BILLING
6.01 In consideration for the services provided hereunder by ADMINISTRATOR, CITY agrees to
pay ADMINISTRATOR its pro rata share of performing the services, including any overtime
incurred by ADMINISTRATOR'S employees. CITY further agrees to deposit with
ADMINISTRATOR $ (67% of the cost) no later than March 12, 2007 to cover the
estimated pro rata cost. The balance of projected costs will be due not later than July 2,
2007.
6.02 In the event the actual election costs exceed CITY'S deposit, the difference between the actual
costs and the deposit will be paid by CITY within 30 days after receiving an itemized invoice
from ADMINISTRATOR. Payment shall be made by check payable to WILLIAMSON
COUNTY and mailed to:
Elections Administrator
301 SE Inner Loop, Box 0209
Georgetown, TX 78627-0209
6.03 Any monies remaining after the payment of all costs of elections bills, shall be the property of
the CITY and returned to it.
ARTICLE VII
GENERAL PROVISIONS
7.01 This Contract shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in WILLIAMSON
County, Texas.
7.02 In case any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or
unenforceability shall not affect any other provision, and this Contract shall be construed as
if the invalid, illegal or unenforceable provision had never been a part of the Contract.
7.03 This Contract constitutes the only agreement of the Parties hereto and supersedes any prior
understanding or written or oral agreement between the parties respecting the written
subject matter.
7.04 No amendment, modification, or alteration of this Contract shall be binding unless it is in
writing, dated subsequent to the date of the Contract and duly executed by the Parties.
3
Executed in triplicate originals this A,i2k- day of J th.(4 , 2007.
BY:
WILLIAMSON S UNTY
ELECTIONS ► IN ' • T 1 R
RICK BA
4
CITY OF ROUND ROCK
BY: /�
PRI T: /
TITLE: Mayor