R-06-02-23-10D2 - 2/23/2006 RESOLUTION NO. R-06-02-23-10D2
WHEREAS, the City of Round Rock wishes to enter into a contract
with the Williamson County Elections Administrator to conduct the May
13, 2006 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 13, 2006 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 23rd day of Februar , 2 6
WELL, >16yor
City- of Round Rock, Texas
A T: ,
CHRISTINE R. MARTINEZ, City Secret ry
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THE STATE OF TEXAS §
§ CONTRACT FOR ELECTION SERVICES
COUNTY OF WILLIAMSON §
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, Texas, individually, a "Party" or,
collectively, the "Parties," pursuant to Texas Election Code Section 31.092.
RECITALS
WHEREAS,the CITY OF ROUND ROCK,TEXAS 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,the CITY OF ROUND ROCK,TEXAS and desires that certain election
services be provided by ADMINISTRATOR through the Elections Department; and
WHEREAS, ADMINISTRATOR has provided cost estimates for election services to be
rendered by her office under this Contract,which estimates are set out on Exhibits "A" and "B,"
attached hereto and made a part hereof; and
WHEREAS, the CITY OF ROUND ROCK 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 the CITY OF ROUND ROCK for its election to be held on May 13, 2006.
ARTICLE II
SERVICES
2.01 ADMINISTRATOR agrees to provide to CITY OF ROUND ROCK 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;
1EXHIBIT A!,
(D) Procure, prepare, and distribute adequate election equipment and transport
equipment to and from the initial polling locations, including early voting
substations, for the CITY OF ROUND ROCK;
(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
the CITY OF ROUND ROCK;
(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;
(.1) 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 the May 13, 2006 election;
(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 May 13,
2006 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.
2
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 OF ROUND ROCK, TEXAS, 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 OF ROUND ROCK'S election records.
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 OF
ROUND ROCK,TEXAS agrees to pay ADMINISTRATOR its pro rata share of performing
the services,including any overtime incurred by ADMINISTRATOR'S employees. CITY OF
ROUND ROCK, TEXAS further agrees to deposit with ADMINISTRATOR $ (1/2 the
cost) no later than March 13,2006 to cover the estimated pro rata cost. The balance of
projected costs will be due not later than May 1, 2006.
6.02 In the event the actual election costs exceed CITY OF ROUND ROCK'S deposit, the
difference between the actual costs and the deposit will be paid by CITY OF ROUND ROCK,
TEXAS within 30 days after receiving an itemized invoice from ADMINISTRATOR.
Payment shall be made by check payable to WILLIAMSON COUNTY and mailed to:
Clifford R. Borofsky
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 OF ROUND ROCK and returned to it.
3
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.
Executed in triplicate originals this day of , 2006.
ELECTIONS ADMINISTRATOR CITY OF ROUND ROCK,TEXAS
BY: BY:
CLIFFORD R. BOROFSKY PRINT: NYLE MAXWELL
TITLE: MAYOR
4
DATE: February 16, 2006
SUBJECT: City Council Meeting - February 23, 2006
ITEM: 10.D.2. Consider a resolution authorizing the Mayor to execute an Election
Services Contract with the Williamson County Election
Administrator for the May 13, 2006 City Election.
Department: Administration Department
Staff Person: Christine Martinez, City Secretary
Justification:
This contract is for election services from the Williamson County Election
Administrator to conduct the City's election on May 13, 2006. This agreement outlines the
responsibilities of the Election Administrator and the City for the election.
Funding:
Cost: $13,670 (approximately)
Source of funds: Operating Budget
Outside Resources: N/A
Background Information:
The City will hold a joint election with the Round Rock Independent School District to
provide one ballot, which contains all the candidates for the City, candidates for the School
Board and any propositions of the City and School District. This will allow allows the voter to
register only once at the polling place instead of twice thus simplifying the voting process
and reducing costs.
Public Comment: None
EXECUTED
DOCUMENT
FOLLOWS
copy
THE STATE OF TEXAS §
§ CONTRACT FOR ELECTION SERVICES
COUNTY OF WILLIAMSON §
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,TEXAS,("CITY
OF ROUND ROCK"),a political subdivision of the State of Texas,individually a"Party,"or
collectively the"Parties,"pursuant to Texas Election Code Section 31.092.
RECITALS
WHEREAS,the CITY OF ROUND ROCK,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 the CITY OF ROUND ROCK desires that certain election services be
provided by ADMINISTRATOR through the Williamson County Elections Department;and
WHEREAS,ADMINISTRATOR has provided cost estimates for election services to be
rendered by that office under this contract,and such estimates are set out in Exhibits"A"and
"B"which are attached hereto and made a part hereof; and
WHEREAS, the CITY OF ROUND ROCK 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 the CITY OF ROUND ROCK for its election to be held on May 13,
2006.
ARTICLE II
SERVICES
2.01 ADMINISTRATOR agrees to provide to the CITY OF ROUND ROCK 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;
00096297/jkg
R-04-0a-a3-/0oz,
(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 the CITY OF ROUND ROCK;
(E) Distribute the lists of registered voters to be used in conducting the election, as
provided by Williamson County Voter Registration pursuant to request by the
CITY OF ROUND ROCK;
(F) Pay Election Day and early voting judges and clerks;
(G) Pay 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;
(.I) 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 the May 13, 2006 election;
(L) Establish a Central Counting Station for the purpose of tabulating ballots;
(M) Provide such incidental related services as may be necessary to effectuate the
May 13, 2006 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 general services identified in Article II shall
be performed in accordance with time requirements set out in the Texas Election Code.
2
ARTICLE IV
SERVICES NOT PROVIDED BY COUNTY
4.01 ADMINISTRATOR shall have no responsibility for insuring the passage of the
appropriate Election Order by the CITY OF ROUND ROCK, 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 OF ROUND
ROCK'S election records.
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,the CITY
OF ROUND ROCK agrees to pay ADMINISTRATOR its pro rata share of performing
the services, including any overtime incurred by ADMINISTRATOR'S employees.
CITY OF ROUND ROCK further agrees to deposit with ADMINISTRATOR a sum
equaling one-half(1/2)the estimated pro rata cost of the election no later than March
13, 2006 to cover the estimated pro rata cost. The balance of projected costs will be
due not later than May 1, 2006.
6.02 In the event the actual election costs exceed the CITY OF ROUND ROCK'S deposit,
the difference between the actual costs and the deposit will be paid by the CITY OF
ROUND ROCK within thirty (30) days after receiving an itemized invoice from
ADMINISTRATOR. Payment shall be made by check payable to Williamson County
and mailed to:
Clifford R. Borofsky
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 OF ROUND ROCK and shall be returned to it.
3
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.
Executed in triplicate originals this 013 day of AJJL(,( , 2006.
ELECTIONS ADMINISTRATOR CITY OF ROUND ROCK,TEXAS
BY: BY:
CLIFFORD R. BOROFSKY PM MAXWELL
TITLE• MAYOR
4