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R-07-03-22-10A1 - 3/22/2007 RESOLUTION NO. R-07-03-22-10A1 WHEREAS, the City of Round Rock has contracted with Travis County to conduct and provide election services on May 12, 2007; and WHEREAS, other political subdivisions within the County have contracted or are contracting with Travis County to conduct and provide election services on May 12, 2007; and WHEREAS, pursuant to Section 271. 002, Texas Election Code, 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; and WHEREAS, the City of Round Rock wishes to enter into a Joint Election Agreement for the purpose of sharing election equipment, election officials, and sharing precinct polling locations, and election ballots where appropriate; and WHEREAS, the City Council desires to enter into a Joint Election Agreement with Travis County, 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, a Joint Election Agreement with Travis County, a copy of said agreement 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 0:\wd"\RES0LUTI\R70322A1.WPD/xmc and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of March, 07 /X MIfE,:Axw2T,jZ, Mayor A T: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secletary 2 AGREEMENT TO CONDUCT JOINT ELECTIONS FOR MAY 12, 2007 ELECTIONS WHEREAS, a Special Constitutional Amendment Election will be held in Travis County on May 12, 2007; WHEREAS, pursuant to the provisions of Section 1471.016, Texas Government Code, as amended, the Travis Commissioners Court has received a petition signed by the owners of all of the property in the Travis County Bee Cave Road District No. 1 (the"District"), as determined by the Travis County, Texas, tax roll,requesting the Commissioners Court to order an election to be held within the District on May 12, 2007 to determine whether bonds of the District should be issued and whether taxes shall be imposed on all taxable property in the District in payment of such bonds; WHEREAS, the Elgin Fire Department has asked Travis County Judge Samuel T. Biscoe to order an election on May 12, 2007 for voters in the Bastrop-Travis Counties Emergency Services District No. 1 to elect initial emergency services commissioners; WHEREAS, the participating entities, including the City of Lakeway, the City of Cedar Park, the City of Jonestown, the City of Lago Vista, the City of Leander, the City of Manor, the City of Westlake Hills, the City of Rollingwood, the City of Round Rock, the City of Sunset Valley, the Village of the Hills, the Village of Briarcliff, the City of Mustang Ridge, the Village of Volente, the City of Pflugerville, Pflugerville Independent School District, Manor Independent School District, Del Valle Independent School District, District 2 for Austin Independent School District, Eanes Independent School District, Leander Independent School District, Lake Travis Independent School District, Round Rock Independent School District, Lago Vista Independent School District, Wells Branch Community Library District, and Lake Travis Community Library District listed in Exhibit A, which exhibit is attached hereto and incorporated herein for all purposes, require elections to be held on May 12, 2007 in those portions of Travis County as shown on the maps and metes and bounds descriptions in Exhibit B, which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, pursuant to Section 271.002, Texas Election Code,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; and WHEREAS, Texas Government Code, Chapter 791, authorizes local governments to contract with one another and with agencies of the state for various governmental functions including those in which the contracting parties are mutually interested; and WHEREAS, it would be to the benefit of the County and participating entities listed in Exhibit A (collectively referred to hereinafter as the "Entities" or "Participating Entities"), and the citizens and voters thereof, to hold the elections jointly in the election precincts that can be served by common polling places insofar as possible; EXHIBIT 158132-1 064. 1 e °A n NOW, THEREFORE, pursuant to Chapter 31 and Sections 271.002 and 271.003 of the Texas Election Code and Chapter 791 of the Texas Government Code, the Joint Election Agreement set forth below is entered into by and between the County, a political subdivision of the State of Texas acting by and through its Commissioners Court, and the Entities acting by and through their respective governing bodies, agree as follows: I. Scope of Joint Election Agreement This Joint Election Agreement covers the conduct of the May 12, 2007 Constitutional Amendment Election, the Bond Election Travis County Bee Caves Road District No. 1, the election to elect initial emergency services commissioners for Bastrop-Travis Counties Emergency Services District No. 1, and the elections of the Participating Entities listed in Exhibit A to be held by the Participating Entities on May 12, 2007. The Participating Entities include City of Lakeway, the City of Cedar Park, the City of Jonestown, the City of Lago Vista,the City of Leander, the City of Manor, the City of Westlake Hills, the City of Rollingwood, the City of Round Rock,the City of Sunset Valley, the Village of the Hills,the Village of Briarcliff,the City of Mustang Ridge, the Village of Volente, the City of Pflugerville, Pflugerville Independent School District, Manor Independent School District, Del Valle Independent School District, District 2 for Austin Independent School District, Eanes Independent School District, Leander Independent School District, Lake Travis Independent School District, Round Rock Independent School District, Lago Vista Independent School District, Wells Branch Community Library District, and Lake Travis Community Library District. The County and the Entities will hold these elections on May 12, 2007 ("Election Day"), jointly for the voters in those portions of Travis County as identified on the maps and descriptions attached as Exhibit B and incorporated by reference as if fully set out herein. II. Election Officer The Entities hereby appoint the Honorable Dana DeBeauvoir, Travis County Clerk and Election Officer for Travis County, as the Election Officer to perform or supervise the performance of the duties and responsibilities of Travis County involved in conducting the Joint Election covered by this Agreement. III. Early Voting Each of the Entities agrees to conduct its early voting jointly. Each of the Entities hereby appoints Dana DeBeauvoir, Early Voting Clerk for Travis County, as the Early Voting Clerk for the Joint Election. Early voting for the Entities shall be conducted at the dates, times, and locations to be mutually agreed upon by the Election Officer and authorized and ordered by the governing body of each Participating Entity. A. County Responsibilities 1. The County shall provide a list for presentation to the governing body of each Participating Entity, containing a list of places, times, and dates of early voting suitable for 158132-1 064. consideration and adoption by the governing body in accordance with Texas Election Code Chapter 85. 2. The Regular Early Voting Clerk for the County, The Honorable Dana DeBeauvoir, shall also serve as the Joint Early Voting Clerk for the election. The Joint Early Voting Clerk will be responsible for the conduct of early voting by mail and by personal appearance for all Travis County voters voting in the Joint Election. The Joint Early Voting Clerk shall receive from each Participating Entity's Regular Early Voting Clerk applications for early voting ballots to be voted by mail in accordance with Title 7 of the Texas Election Code. The Joint Early Voting Clerk shall send early voting ballots by mail and receive early voting ballots for early voting by mail. The Joint Early Voting Clerk shall have authority to appoint such deputy early voting clerks as may be necessary to assist the Joint Early Voting Clerk with voting to take place at the early voting locations. 3. The County will determine the number of election workers to hire to conduct early voting in the Joint Election. The Joint Election Officer will arrange or contract for training for all election workers and will assign all election workers employed for early voting in the Joint Election. The training of said election workers is mandatory; these individuals will be compensated for their time in training. The County will provide a training facility where election schools will be conducted to train election workers employed in the conduct of early voting, including the mobile early voting program, early voting by personal appearance at main and temporary branch early voting polling places, early voting by mail, and other aspects of the early voting program for the Joint Election. The County will name early voting deputies and clerks employed in the conduct of early voting. 4. The County will provide and deliver all supplies and equipment necessary to conduct early voting for the Joint Election, including but not limited to ballots, election forms, any necessary ramps, utility hook-ups, signs, registration lists and ballot boxes, to early voting polling places. The County will designate and confirm all early voting polling place locations. 5. The County will be responsible for the preparation and transportation of the electronic voting equipment necessary to conduct early voting. The County shall perform all tests of voting equipment as required,including but not limited to posting notice of equipment testing. 6. Pursuant to Sections 66.058 and 271.010 of the Election Code, the Entities appoint Dana DeBeauvoir, Travis County Clerk, as the Joint Custodian of Records ("Joint Custodian") for the sole purpose of preserving all voted ballots securely in a locked room in the locked ballot boxes for the period for preservation required by the Election Code. 7. The County will receive ballot language in both English and Spanish from each Participating Entity and format the ballots as needed to include said language. The County will provide each Participating Entity with a final proof of ballot language for approval prior to printing ballots. Upon final proof approval, ballots shall be printed in an expedited timeframe so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the ballot mail outs for the Early Voting by Mail Program. 158132-1 064. 8. A single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used for early voting. A single, combined ballot and single ballot box will be used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code and agrees to use ballots that are compatible with such equipment. 9. The County will be responsible for the conduct of the Early Voting Ballot Board. The County shall designate a person to serve in the capacity of the Presiding Judge for the Early Voting Ballot Board and shall 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 shall appoint two or more election clerks, and such Judge and clerks shall constitute the early voting ballot board and shall count and return early voting ballots, and perform other duties set for such board in accordance with the Election Code. B. Responsibilities of Participating Entities 1. Each Participating Entity shall appoint a qualified person to serve as the Regular Early Voting Clerk("Regular Early Voting Clerk") for the Entity. The Regular Early Voting Clerk for each respective Entity shall receive requests for applications for early voting ballots to be voted by mail and shall 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 Joint Early Voting Clerk. The Joint Early Voting Clerk is responsible for the remaining procedures for conducting each of the Entities' early voting by mail as stated in III. A. 2. 2. Each Participating Entity shall appoint a qualified person to act as Custodian of Records for the 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. Any additions, modifications, deletions, or other changes to such ballot contents or language must be made by the Entity prior to final proof approval by the Entity. 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 shall 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 shall designate and confirm all Election Day polling place locations for the Joint Election, and shall 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 and for the Entities to submit to the U.S. Department of Justice for review prior to Election Day. 158132-1 064. 2. The County shall designate the Presiding Election Judge and the Alternate Presiding Election Judge to administer the election in the precinct in which a common polling place is to be used and shall forward such information to the Participating Entities to allow the governing bodies of the respective Participating Entities to enter appropriate orders designating such officials prior to the election. The Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters of the Travis County Election Precinct in which the joint election is held. The Presiding Election Judge for the precinct in which a common polling place is used may appoint election clerks as necessary to assist the judge in the conduct of the election at the precinct polling place. The Alternate Presiding Election Judge may be appointed as a clerk. The Alternate Presiding Election Judge may serve as the Presiding Election Judge for the precinct in the absence of the Presiding Election Judge. Election Judges and clerks shall be compensated at the rate established hereafter by the County. Compensable hours shall be determined in accordance with provisions of the Texas Election Code and other applicable laws. 3. One set of election officials shall preside over the election in the precinct in which a common polling place is used. A single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used in the precinct in which a common polling place is used. A single, combined ballot and single ballot box will be used. The officer designated by law to be the custodian of the voted ballots for the County shall be custodian of all materials used in common in the precinct where a common polling place is used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code and agrees to use ballots that are compatible with such equipment. 4. The County will arrange for training and will provide the instructors, manuals and other training materials deemed necessary for training all judges and clerks. Training for Election Judges and Alternate Judges is mandatory, and these individuals will be compensated for their time in training. 5. The County will arrange for Election Day voter registration precinct lists for the Joint Election. The County will determine the quantities of election supplies needed for Election Day voting. 6. The County, by and through the County Clerk's Elections Division, and Administrative Operations, will be responsible for the preparation and transportation of voting equipment and Election Day supplies for use on Election Day. 7. The County,by and through the County Voter Registrar, will provide the list of registered voters as needed in the overlapping jurisdictions identified in the attached Exhibits, with designation of registered voters in each Participating Entity, for use at the Joint Election Day polling place on Election Day. 8. The common polling place is designated as the polling place used by the County. At the common polling place, a single ballot box shall be used for the deposit of all ballots cast in the Joint Election. At said polling place, one voter registration list and one combination poll list/signature roster form will be kept for the Joint Election. The final returns for each 158132-1 064. Participating Entity and the County shall be canvassed separately by each respective Entity. The Custodian of Records for the County, the Honorable Dana DeBeauvoir, shall maintain a return center on Election Day for the purpose of receiving returns from the County. Ms. DeBeauvoir will provide unofficial election results to the qualified individual appointed by each Participating Entity. 9. On Election Day, the Joint Election Officer and/or the Elections Division of her Office will field all questions from election judges. 10. The County shall make available to the voters having the need of an individual capable of acting as a translator and speaking both English and Spanish languages who will assist Spanish speaking voters in understanding and participating in the election process in the Territory covered by this Agreement. B. Participating Entities Responsibilities 1. Prior to Election Day, each Participating Entity will answer questions from the public with respect to the Entity's Election during regular office hours. 2. The Custodian of Records for each Participating Entity shall receive returns from Dana DeBeauvoir on Election Day. V. Election Night A. County Responsibilities 1. The County holds responsibility for all activities on election night including, but not limited to, setting up a central counting station, coordinating and supervising the tabulation of results, coordination and supervision of the physical layout of the support stations that are receiving substations for the Joint Election, and coordination and management of media coverage of the election. 2. The County will arrange for the transportation of 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 required by the Texas Election Code, and shall forward such information to each Participating Entity in a timely fashion to allow the governing body of each Entity to enter appropriate orders designating such election officials prior to the election. These individuals shall be those hereafter appointed by the County to serve as Presiding and Alternate Judge of the Central Counting Station. The Presiding Judge of the Central Counting Station may appoint clerks to serve at the Central Counting Station. In addition, the County shall appoint a Tabulation Supervisor to be in charge of the operation of 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 the overall administration of the Central Counting Station and the general supervision 158132-1 064. of the personnel working at the Central Counting Station, and shall 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 prior to the election. These individuals shall be those hereafter appointed by the County to serve as Tabulation Supervisor, Central Counting Station Manager, and Assistant Counting Station Manager. 4. The County shall 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. B. ParticipatingEnti1y Responsibilities 1. Other than receiving returns from the Joint Election Officer, the Participating Entities have no role or responsibility on the night of the election. VI. County Resources 1. The County shall provide the Elections Division permanent staff and offices to administer the Joint Election,under the direction of the Travis County Clerk,Dana DeBeauvoir. 2. For early voting, the County will provide a locked and secure area in which voted ballot boxes will be stored until the Early Voting Ballot Board convenes. The County, by and through Administrative Operations, will provide transportation of such ballot boxes to the Central Counting Station for the Early Voting Ballot Board. 3. The County will be responsible for providing and maintaining voting equipment and testing any voting equipment as required by the Texas Election Code. 4. The County will process the payroll for all temporary staff hired to conduct the Joint Election. The payroll processing includes statutory reporting and providing W-2 forms where applicable. 5. The County will conduct early voting as indicated in this Agreement. VII. Joint Election Costs; Payment 1. Transmitted with this Agreement is a check, payable to Travis County, from each Participating Entity, in the amount equal to the deposit identified for each Entity in the Cost Estimate attached as Exhibit C. This deposit represents approximately 75% of the costs of each Entity's share of the estimated costs of the election. The County shall submit an invoice to each Participating Entity for the balance of the Entity's actual Joint Election expenses upon completion of the election. Joint Election expenses include, but are not limited to, expenses for facilities, personnel, supplies, and training actually incurred by the County for establishing and operating all early voting and Election Day activities at the polling place in the joint election territory as well as activities related to the tabulation of votes all as reflected on the Cost Estimate. Upon receipt of an invoice from the County for the election expenses, each 158132-1 064. Participating Entity shall pay the total amount of its invoice within thirty (30) days of receipt of said invoice. 2. In the event of a recount, the expense of the recount shall be borne by the Entity(ies) involved in such recount on a pro-rata basis. 3. In the event any of the Participating Entities cancels their respective election because of unopposed candidates under Subchapter C of Title I of the Texas Election Code, such Entity shall be responsible for its respective share of election expenses incurred through the date that the election is canceled as allocated to that Entity based on the formula reflected by the Cost Estimate adjusted for the actual expenses incurred by the County through the date of the cancellation. Upon the cancellation of an election by a Participating Entity, the County shall recalculate the allocation percentages among the remaining Entities according to the formula used in the Cost Estimate. 4. In the event expenses associated with processing of any ballots arising from the filing of a declaration of a write-in candidate, such expenses shall be borne by the Entity which received such declaration of write-in candidate. 5. The expenses of any early voting polling places that are established at the request of any Entity other than those which are mutually agreed upon by all Entities shall be borne by the requesting Entity. The Cost Estimate for each individual Participating Entity shall include additional polling locations for each Entity, as set forth in Exhibit C. VIII. General Provisions A. Leal Notices Each of the Entities shall be individually responsible for the preparation of election orders, resolutions, notices, and other pertinent documents for adoption or execution by its own respective governing board and all expenses related thereto. Each of the Entities shall be individually responsible for obtaining appropriate preclearance, if necessary, from the United States Department of Justice. The Honorable Dana DeBeauvoir, the Joint Election Officer, will provide the Participating Entities information on changes affecting the Participating Entities election, such as polling place changes and changes in voting equipment, when such changes are confirmed, verified, or otherwise become known to her or her office. Each of the Entities shall be individually responsible for posting or publication of election notices and all expenses related thereto. Each of the Entities further shall 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. Communications Throughout the term of this Agreement, the Participating Entities and the County will engage in ongoing communications concerning the conduct of the Joint Election; and, when necessary, the County Clerk, elections division staff members, and other election workers shall meet with the 158132-1 064. designated representative of each Entity to discuss and resolve any problems which might arise regarding the Joint Election. C. Custodian The Honorable Dana DeBeauvoir,Travis County Election Officer, shall 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 the complete execution of this Agreement by all Participating Entities and the County. This Agreement shall continue as to a Participating Entity until the Entity pays the County its shares of the costs of the Joint Election. The obligation of each Participating Entity to the County under this Agreement shall not end until such sum is paid. IX. Miscellaneous Provisions A. Amendment/Modification of Exhibits A. B. and C 1. The Entities acknowledge and agree that Exhibits A,B, and C may be amended to reflect the participation of additional entities or the nonparticipation of certain entities. The Entities hereby agree to future amendments of Exhibits A, B, and C and authorize the County to enter into such amendments without the necessity of the Entities having to sign the future amendments. The County agrees to notify all Entities of any amendments to Exhibits A, B, and C. 2. Except as otherwise provided herein, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, 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 expressed authorization as may be granted by the Commissioners Court of Travis County, Texas. No official, representative, agent, or employee of any 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 respective Participating Entity. Dana DeBeauvoir, Travis County Clerk, may propose necessary amendments or modifications to this Agreement in writing in order to conduct the 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 respective Participating Entity. B. Notice Any notice to be given hereunder by any party to the other shall be in writing and may be effected by personal delivery in writing or certified mail, return receipt requested, when mailed to the proper party, at the addresses listed in Exhibit A. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. 158132-1 064. 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 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 persons not a party or in privity thereof, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. D. Venue and Choice of Law The Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Austin, Travis County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. E. Entire Agreement This Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements, including prior election services contracts relating to each Entity's May 12, 2007 election. Any prior agreements, promises, negotiations, or representations not expressly contained in this Agreement are of no force and 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 not affect the remaining provisions of this Agreement; and, parties to this Agreement shall perform their obligations under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement. G. Breach In the event that any 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 Entities in meeting their obligations under this Agreement shall 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 shall be made from current revenue funds available to the County. 158132-1 064. I. Other Instruments The Entities 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. 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 shall require the amendment of Exhibits A, B, and C to this Agreement. L. Mediation 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 154.023 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 meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. M. Counterparts This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, on this day of , 2007. TRAVIS COUNTY 158132-1 064. BY: Samuel T. Biscoe County Judge BY: Dana DeBeauvoir County Clerk 158132-1 064. EXHIBIT A Travis County City of Lakeway City of Cedar Park City of Jonestown City of Lago Vista City of Leander City of Manor City of Westlake Hills City of Rollingwood City of Round Rock Sunset Valley Village of the Hills Village of Briarcliff Mustang Ridge Village of Volente City of Pflugerville Pflugerville Independent School District Manor Independent School District Del Valle Independent School District Austin Independent School District, District 2 Eanes Independent School District Leander Independent School District Lake Travis Independent School District Round Rock Independent School District Lago Vista Independent School District Wells Branch Community Library District Lake Travis Community Library District 158132-1 064. EXHIBIT A PARTICIPATING ENTITIES Name of Participating Entity city of Round Rock Address 221 E. Main Street Round Rock, TX 78664 Name of Authorized Signatory Nyle Maxwell, Mayor Signature Date signed 158132-1 064. EXHIBIT B MAPS AND DESCRIPTIONS 158132-1 064. EXHIBIT C COST ESTIMATE 158132-1 064. DATE: March 15, 2007 SUBJECT: City Council Meeting - March 22, 2007 ITEM: 10.A.1. Consider a resolution authorizing the Mayor to execute a Joint Election Agreement with the Travis County Participating Entities for the May 12, 2007 Election. Department: Administration Staff Person: Christine Martinez, City Secretary Justification: Travis County has contracted or is contracting with other entities to conduct and provide election services. This agreement is to share the election equipment, election officials, precinct polling locations and election ballots, where appropriate, with other entities for the May 12, 2007 City Election. Fundina• Cost: Cost included in the Election Services Contract Source of funds: Operating Budget Outside Resources: N/A Backaround Information: Sharing all aspects of an election reduces the cost of the election and prevents voters from having to go to various locations to vote. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS AGREEMENT TO CONDUCT JOINT ELECTIONS FOR MAY 129 2007 ELECTIONS WHEREAS, a Special Constitutional Amendment Election will be held in Travis County on May 12, 2007; WHEREAS, pursuant to the provisions of Section 1471.016, Texas Government Code, as amended, the Travis Commissioners Court has received a petition signed by the owners of all of the property in the Travis County Bee Cave Road District No. 1 (the"District"), as determined by the Travis County, Texas, tax roll,requesting the Commissioners Court to order an election to be held within the District on May 12, 2007 to determine whether bonds of the District should be issued and whether taxes shall be imposed on all taxable property in the District in payment of such bonds; WHEREAS, the Elgin Fire Department has asked Travis County Judge Samuel T. Biscoe to order an election on May 12, 2007 for voters in the Bastrop-Travis Counties Emergency Services District No. 1 to elect initial emergency services commissioners; WHEREAS, the participating entities, including the City of Lakeway, the City of Cedar Park, the City of Jonestown, the City of Lago Vista, the City of Leander, the City of Manor, the City of Westlake Hills, the City of Rollingwood, the City of Round Rock, the City of Sunset Valley, the Village of the Hills, the Village of Briarcliff, the City of Mustang Ridge, the Village of Volente, the City of Pflugerville, Pflugerville Independent School District, Manor Independent School District, Del Valle Independent School District, District 2 for Austin Independent School District, Eanes Independent School District, Leander Independent School District, Lake Travis Independent School District, Round Rock Independent School District, Lago Vista Independent School District, Wells Branch Community Library District, and Lake Travis Community Library District listed in Exhibit A, which exhibit is attached hereto and incorporated herein for all purposes, require elections to be held on May 12, 2007 in those portions of Travis County as shown on the maps and metes and bounds descriptions in Exhibit B, which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, pursuant to Section 271.002, Texas Election Code, 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; and WHEREAS, Texas Government Code, Chapter 791, authorizes local governments to contract with one another and with agencies of the state for various governmental functions including those in which the contracting parties are mutually interested; and WHEREAS, it would be to the benefit of the County and participating entities listed in Exhibit A (collectively referred to hereinafter as the "Entities" or "Participating Entities"), and the citizens and voters thereof, to hold the elections jointly in the election precincts that can be served by common polling places insofar as possible; 158132-1 064. NOW, THEREFORE, pursuant to Chapter 31 and Sections 271.002 and 271.003 of the Texas Election Code and Chapter 791 of the Texas Government Code, the Joint Election Agreement set forth below is entered into by and between the County, a political subdivision of the State of Texas acting by and through its Commissioners Court, and the Entities acting by and through their respective governing bodies, agree as follows: I. Scope of Joint Election Agreement This Joint Election Agreement covers the conduct of the May 12, 2007 Constitutional Amendment Election, the Bond Election Travis County Bee Caves Road District No. 1, the election to elect initial emergency services commissioners for Bastrop-Travis Counties Emergency Services District No. 1, and the elections of the Participating Entities listed in Exhibit A to be held by the Participating Entities on May 12, 2007. The Participating Entities include City of Lakeway, the City of Cedar Park, the City of Jonestown, the City of Lago Vista, the City of Leander, the City of Manor, the City of Westlake Hills, the City of Rollingwood, the City of Round Rock, the City of Sunset Valley, the Village of the Hills, the Village of Briarcliff, the City of Mustang Ridge, the Village of Volente, the City of Pflugerville, Pflugerville Independent School District, Manor Independent School District, Del Valle Independent School District, District 2 for Austin Independent School District, Eanes Independent School District, Leander Independent School District, Lake Travis Independent School District, Round Rock Independent School District, Lago Vista Independent School District, Wells Branch Community Library District, and Lake Travis Community Library District. The County and the Entities will hold these elections on May 12, 2007 ("Election Day"), jointly for the voters in those portions of Travis County as identified on the maps and descriptions attached as Exhibit B and incorporated by reference as if fully set out herein. II. Election Officer The Entities hereby appoint the Honorable Dana DeBeauvoir, Travis County Clerk and Election Officer for Travis County, as the Election Officer to perform or supervise the performance of the duties and responsibilities of Travis County involved in conducting the Joint Election covered by this Agreement. III. Early Voting Each of the Entities agrees to conduct its early voting jointly. Each of the Entities hereby appoints Dana DeBeauvoir, Early Voting Clerk for Travis County, as the Early Voting Clerk for the Joint Election. Early voting for the Entities shall be conducted at the dates, times, and locations to be mutually agreed upon by the Election Officer and authorized and ordered by the governing body of each Participating Entity. A. County Responsibilities 1. The County shall provide a list for presentation to the governing body of each Participating Entity, containing a list of places, times, and dates of early voting suitable for 158132-1 064. consideration and adoption by the governing body in accordance with Texas Election Code Chapter 85. 2. The Regular Early Voting Clerk for the County, The Honorable Dana DeBeauvoir, shall also serve as the Joint Early Voting Clerk for the election. The Joint Early Voting Clerk will be responsible for the conduct of early voting by mail and by personal appearance for all Travis County voters voting in the Joint Election. The Joint Early Voting Clerk shall receive from each Participating Entity's Regular Early Voting Clerk applications for early voting ballots to be voted by mail in accordance with Title 7 of the Texas Election Code. The Joint Early Voting Clerk shall send early voting ballots by mail and receive early voting ballots for early voting by mail. The Joint Early Voting Clerk shall have authority to appoint such deputy early voting clerks as may be necessary to assist the Joint Early Voting Clerk with voting to take place at the early voting locations. 3. The County will determine the number of election workers to hire to conduct early voting in the Joint Election. The Joint Election Officer will arrange or contract for training for all election workers and will assign all election workers employed for early voting in the Joint Election. The training of said election workers is mandatory; these individuals will be compensated for their time in training. The County will provide a training facility where election schools will be conducted to train election workers employed in the conduct of early voting, including the mobile early voting program, early voting by personal appearance at main and temporary branch early voting polling places, early voting by mail, and other aspects of the early voting program for the Joint Election. The County will name early voting deputies and clerks employed in the conduct of early voting. 4. The County will provide and deliver all supplies and equipment necessary to conduct early voting for the Joint Election, including but not limited to ballots, election forms, any necessary ramps, utility hook-ups, signs, registration lists and ballot boxes, to early voting polling places. The County will designate and confirm all early voting polling place locations. 5. The County will be responsible for the preparation and transportation of the electronic voting equipment necessary to conduct early voting. The County shall perform all tests of voting equipment as required, including but not limited to posting notice of equipment testing. 6. Pursuant to Sections 66.058 and 27 1.010 of the Election Code, the Entities appoint Dana DeBeauvoir, Travis County Clerk, as the Joint Custodian of Records ("Joint Custodian") for the sole purpose of preserving all voted ballots securely in a locked room in the locked ballot boxes for the period for preservation required by the Election Code. 7. The County will receive ballot language in both English and Spanish from each Participating Entity and format the ballots as needed to include said language. The County will provide each Participating Entity with a final proof of ballot language for approval prior to printing ballots. Upon final proof approval, ballots shall be printed in an expedited timeframe so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the ballot mail outs for the Early Voting by Mail Program. 158132-1 064. 8. A single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used for early voting. A single, combined ballot and single ballot box will be used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code and agrees to use ballots that are compatible with such equipment. 9. The County will be responsible for the conduct of the Early Voting Ballot Board. The County shall designate a person to serve in the capacity of the Presiding Judge for the Early Voting Ballot Board and shall 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 shall appoint two or more election clerks, and such Judge and clerks shall constitute the early voting ballot board and shall count and return early voting ballots, and perform other duties set for such board in accordance with the Election Code. B. Responsibilities of Participating Entities 1. Each Participating Entity shall appoint a qualified person to serve as the Regular Early Voting Clerk ("Regular Early Voting Clerk") for the Entity. The Regular Early Voting Clerk for each respective Entity shall receive requests for applications for early voting ballots to be voted by mail and shall 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 Joint Early Voting Clerk. The Joint Early Voting Clerk is responsible for the remaining procedures for conducting each of the Entities' early voting by mail as stated in III. A. 2. 2. Each Participating Entity shall appoint a qualified person to act as Custodian of Records for the 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. Any additions, modifications, deletions, or other changes to such ballot contents or language must be made by the Entity prior to final proof approval by the Entity. 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 shall 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 shall designate and confirm all Election Day polling place locations for the Joint Election, and shall 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 and for the Entities to submit to the U.S. Department of Justice for review prior to Election Day. 158132-1 064. 2. The County shall designate the Presiding Election Judge and the Alternate Presiding Election Judge to administer the election in the precinct in which a common polling place is to be used and shall forward such information to the Participating Entities to allow the governing bodies of the respective Participating Entities to enter appropriate orders designating such officials prior to the election. The Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters of the Travis County Election Precinct in which the joint election is held. The Presiding Election Judge for the precinct in which a common polling place is used may appoint election clerks as necessary to assist the judge in the conduct of the election at the precinct polling place. The Alternate Presiding Election Judge may be appointed as a clerk. The Alternate Presiding Election Judge may serve as the Presiding Election Judge for the precinct in the absence of the Presiding Election Judge. Election Judges and clerks shall be compensated at the rate established hereafter by the County. Compensable hours shall be determined in accordance with provisions of the Texas Election Code and other applicable laws. 3. One set of election officials shall preside over the election in the precinct in which a common polling place is used. A single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used in the precinct in which a common polling place is used. A single, combined ballot and single ballot box will be used. The officer designated by law to be the custodian of the voted ballots for the County shall be custodian of all materials used in common in the precinct where a common polling place is used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code and agrees to use ballots that are compatible with such equipment. 4. The County will arrange for training and will provide the instructors, manuals and other training materials deemed necessary for training all judges and clerks. Training for Election Judges and Alternate Judges is mandatory, and these individuals will be compensated for their time in training. 5. The County will arrange for Election Day voter registration precinct lists for the Joint Election. The County will determine the quantities of election supplies needed for Election Day voting. 6. The County, by and through the County Clerk's Elections Division, and Administrative Operations, will be responsible for the preparation and transportation of voting equipment and Election Day supplies for use on Election Day. 7. The County,by and through the County Voter Registrar, will provide the list of registered voters as needed in the overlapping jurisdictions identified in the attached Exhibits, with designation of registered voters in each Participating Entity, for use at the Joint Election Day polling place on Election Day. 8. The common polling place is designated as the polling place used by the County. At the common polling place, a single ballot box shall be used for the deposit of all ballots cast in the Joint Election. At said polling place, one voter registration list and one combination poll list/signature roster form will be kept for the Joint Election. The final returns for each 158132-1 064. Participating Entity and the County shall be canvassed separately by each respective Entity. The Custodian of Records for the County, the Honorable Dana DeBeauvoir, shall maintain a return center on Election Day for the purpose of receiving returns from the County. Ms. DeBeauvoir will provide unofficial election results to the qualified individual appointed by each Participating Entity. 9. On Election Day, the Joint Election Officer and/or the Elections Division of her Office will field all questions from election judges. 10. The County shall make available to the voters having the need of an individual capable of acting as a translator and speaking both English and Spanish languages who will assist Spanish speaking voters in understanding and participating in the election process in the Territory covered by this Agreement. B. Participating Entities Responsibilities 1. Prior to Election Day, each Participating Entity will answer questions from the public with respect to the Entity's Election during regular office hours. 2. The Custodian of Records for each Participating Entity shall receive returns from Dana DeBeauvoir on Election Day. V. Election Night A. County Responsibilities 1. The County holds responsibility for all activities on election night including, but not limited to, setting up a central counting station, coordinating and supervising the tabulation of results, coordination and supervision of the physical layout of the support stations that are receiving substations for the Joint Election, and coordination and management of media coverage of the election. 2. The County will arrange for the transportation of 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 required by the Texas Election Code, and shall forward such information to each Participating Entity in a timely fashion to allow the governing body of each Entity to enter appropriate orders designating such election officials prior to the election. These individuals shall be those hereafter appointed by the County to serve as Presiding and Alternate Judge of the Central Counting Station. The Presiding Judge of the Central Counting Station may appoint clerks to serve at the Central Counting Station. In addition, the County shall appoint a Tabulation Supervisor to be in charge of the operation of 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 the overall administration of the Central Counting Station and the general supervision 158132-1 064. of the personnel working at the Central Counting Station, and shall 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 prior to the election. These individuals shall be those hereafter appointed by the County to serve as Tabulation Supervisor, Central Counting Station Manager, and Assistant Counting Station Manager. 4. The County shall 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. B. Participating Entity Responsibilities 1. Other than receiving returns from the Joint Election Officer, the Participating Entities have no role or responsibility on the night of the election. VI. County Resources 1. The County shall provide the Elections Division permanent staff and offices to administer the Joint Election,under the direction of the Travis County Clerk,Dana DeBeauvoir. 2. For early voting, the County will provide a locked and secure area in which voted ballot boxes will be stored until the Early Voting Ballot Board convenes. The County, by and through Administrative Operations, will provide transportation of such ballot boxes to the Central Counting Station for the Early Voting Ballot Board. 3. The County will be responsible for providing and maintaining voting equipment and testing any voting equipment as required by the Texas Election Code. 4. The County will process the payroll for all temporary staff hired to conduct the Joint Election. The payroll processing includes statutory reporting and providing W-2 forms where applicable. 5. The County will conduct early voting as indicated in this Agreement. VII. Joint Election Costs; Payment 1. Transmitted with this Agreement is a check, payable to Travis County, from each Participating Entity, in the amount equal to the deposit identified for each Entity in the Cost Estimate attached as Exhibit C. This deposit represents approximately 75% of the costs of each Entity's share of the estimated costs of the election. The County shall submit an invoice to each Participating Entity for the balance of the Entity's actual Joint Election expenses upon completion of the election. Joint Election expenses include, but are not limited to, expenses for facilities, personnel, supplies, and training actually incurred by the County for establishing and operating all early voting and Election Day activities at the polling place in the joint election territory as well as activities related to the tabulation of votes all as reflected on the Cost Estimate. Upon receipt of an invoice from the County for the election expenses, each 158132-1 064. Participating Entity shall pay the total amount of its invoice within thirty (30) days of receipt of said invoice. 2. In the event of a recount, the expense of the recount shall be borne by the Entity(ies) involved in such recount on a pro-rata basis. 3. In the event any of the Participating Entities cancels their respective election because of unopposed candidates under Subchapter C of Title I of the Texas Election Code, such Entity shall be responsible for its respective share of election expenses incurred through the date that the election is canceled as allocated to that Entity based on the formula reflected by the Cost Estimate adjusted for the actual expenses incurred by the County through the date of the cancellation. Upon the cancellation of an election by a Participating Entity, the County shall recalculate the allocation percentages among the remaining Entities according to the formula used in the Cost Estimate. 4. In the event expenses associated with processing of any ballots arising from the filing of a declaration of a write-in candidate, such expenses shall be borne by the Entity which received such declaration of write-in candidate. 5. The expenses of any early voting polling places that are established at the request of any Entity other than those which are mutually agreed upon by all Entities shall be borne by the requesting Entity. The Cost Estimate for each individual Participating Entity shall include additional polling locations for each Entity, as set forth in Exhibit C. VIII. General Provisions A. Legal Notices Each of the Entities shall be individually responsible for the preparation of election orders, resolutions, notices, and other pertinent documents for adoption or execution by its own respective governing board and all expenses related thereto. Each of the Entities shall be individually responsible for obtaining appropriate preclearance, if necessary, from the United States Department of Justice. The Honorable Dana DeBeauvoir, the Joint Election Officer, will provide the Participating Entities information on changes affecting the Participating Entities election, such as polling place changes and changes in voting equipment, when such changes are confirmed, verified, or otherwise become known to her or her office. Each of the Entities shall be individually responsible for posting or publication of election notices and all expenses related thereto. Each of the Entities further shall 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. Communications Throughout the term of this Agreement, the Participating Entities and the County will engage in ongoing communications concerning the conduct of the Joint Election; and, when necessary, the County Clerk, elections division staff members, and other election workers shall meet with the 158132-1 064. designated representative of each Entity to discuss and resolve any problems which might arise regarding the Joint Election. C. Custodian The Honorable Dana DeBeauvoir, Travis County Election Officer, shall 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 the complete execution of this Agreement by all Participating Entities and the County. This Agreement shall continue as to a Participating Entity until the Entity pays the County its shares of the costs of the Joint Election. The obligation of each Participating Entity to the County under this Agreement shall not end until such sum is paid. IX. Miscellaneous Provisions A. Amendment/Modification of Exhibits A. B and C 1. The Entities acknowledge and agree that Exhibits A, B, and C may be amended to reflect the participation of additional entities or the nonparticipation of certain entities. The Entities hereby agree to future amendments of Exhibits A, B, and C and authorize the County to enter into such amendments without the necessity of the Entities having to sign the future amendments. The County agrees to notify all Entities of any amendments to Exhibits A, B, and C. 2. Except as otherwise provided herein, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, 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 expressed authorization as may be granted by the Commissioners Court of Travis County, Texas. No official, representative, agent, or employee of any 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 respective Participating Entity. Dana DeBeauvoir, Travis County Clerk, may propose necessary amendments or modifications to this Agreement in writing in order to conduct the 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 respective Participating Entity. B. Notice Any notice to be given hereunder by any party to the other shall be in writing and may be effected by personal delivery in writing or certified mail, return receipt requested, when mailed to the proper party, at the addresses listed in Exhibit A. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. 158132-1 064. 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 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 persons not a party or in privity thereof, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. D. Venue and Choice of Law The Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Austin, Travis County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. E. Entire Agreement This Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements, including prior election services contracts relating to each Entity's May 12, 2007 election. Any prior agreements, promises, negotiations, or representations not expressly contained in this Agreement are of no force and 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 not affect the remaining provisions of this Agreement; and, parties to this Agreement shall perform their obligations under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement. G. Breach In the event that any 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 Entities in meeting their obligations under this Agreement shall 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 shall be made from current revenue funds available to the County. 158132-1 064. I. Other Instruments The Entities 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. 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 shall require the amendment of Exhibits A,B, and C to this Agreement. L. Mediation 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 154.023 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 meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. M. Counters This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, on this day of , 2007. TRAVIS COUNTY 158132-1 064. BY: Samuel T. Biscoe County Judge BY: Dana DeBeauvoir County Clerk 158132-1 064. EXHIBIT A Travis County City of Lakeway City of Cedar Park City of Jonestown City of Lago Vista City of Leander City of Manor City of Westlake Hills City of Rollingwood City of Round Rock Sunset Valley Village of the Hills Village of Briarcliff Mustang Ridge Village of Volente City of Pflugerville Pflugerville Independent School District Manor Independent School District Del Valle Independent School District Austin Independent School District, District 2 Eanes Independent School District Leander Independent School District Lake Travis Independent School District Round Rock Independent School District Lago Vista Independent School District Wells Branch Community Library District Lake Travis Community Library District 158132-1 064. EXHIBIT A PARTICIPATING ENTITIES Name of Participating Entity city of Round Rock Address 221 E. Main Street Round Rock, TX 78664 Name of Authorized Signatory Nyle Max el r Signature Date signed 158132-1 064. EXHIBIT B MAPS AND DESCRIPTIONS 158132-1 064. EXHIBIT C COST ESTIMATE 158132-1 064. Total Election Costs May 12, 2007 Joint General and Special Elections Total Election Cost Estimate Total Personnel $ 534,000.00 EDay Worker Delivery Fee $ 7,000.00 Polling Locations $ 20,000.00 Printing and Mailing $ 4,000.00 Office Equip, Furn & Supp $ 23,000.00 EDay Worker Cell Phone Cert. Usage $ 2,580.00 Cellular Air Time $ 7,000.00 Posting and Publishing $ 8,000.00 Mileage $ 500.00 Rent-Other Mach & Equip $ 18,000.00 Consulting Security $ 30,000.00 Consulting Enight Support $ 1,500.00 Total $ 655,580.00 Total Cost Estimate $ 655,580.00 Total Fixed Cost Estimate $ 57,370.75 Remaining Cost Estimate $ 598,209.25 No equipment fee is charged for this eleciton due to County participation Small Entity Fixed Cost Estimates Subtotal 10%Admin Total Cost Estimate 75% Deposit CITY OF LAGO VISTA(2 additional EV days) $ 1,310.40 $ 131.04 $ 1,441.44 $ 1,081.08 CITY OF MANOR -$ 275.52 $ 27.55 $ 303.07 $ 227.31 CITY OF PFLUGERVILLE $ 5,247.65 $ 524.76 $ 5,772.41 $ 4,329.31 CITY OF ROLLINGWOOD(5 additional EV days) $ 1,736.48 $ 173.65 $ 1,910.12 $ 1,432.59 CITY OF ROUND ROCK $ 358.68 $ 35.87 $ 394.55 $ 295.91 CITY OF WESTLAKE HILLS $ 431.59 $ 43.16 $ 474.75 $ 356.06 VILLAGE OF THE HILLS $ 399.73 $ 39.97 $ 439.70 $ 329.78 VILLAGE OF BRIARCLIFF(3 additional EV days) $ 1,030.05 $ 103.01 $ 1,133.06 $ 849.79 CITY OF CEDAR PARK $ 32.47 $ 3.25 $ 35.72 $ 26.79 CITY OF LEANDER(2 additional EV days) $ 618.60 $ 61.86 $ 680.46 $ 510.34 CITY OF LAKEWAY $ 1,667.05 1 $ 166.70 $ 1,833.75 $ 1,375.31 Total Election Costs E E OF VOLENTE $ 70.53 $ 7.05 $ 77.58 $ 58.19 N ISD SMD 2 $ 11,129.09 $ 1,112.91 $ 12,242.00 $ 9,181.50 ALLE ISD(1 full mobile unit) $ 12,494.81 $ 1,249.48 $ 13,744.29 $ 10,308.22VISTA ISD(3 additional EV days) $ 1,872.00 $ 187.20 $ 2,059.20 $ 1,544.40 LAKE TRAVIS ISD(5 additional EV days) $ 6,957.93 $ 695.79 $ 7,653.72 $ 5,740.29 LEANDER ISD $ 5,868.78 $ 586.88 $ 6,455.66 $ 4,841.74 MANOR ISD(5 additional EV days) $ 5,490.65 $ 549.07 $ 6,039.72 $ 4,529.79 BASTROP TRAVIS CO ESD#1 $ 378.00--$ 37.80 $ 415.80 $ 311.85 BEE CAVE TR CO ROAD DIST#1 $ 0.74 $ 0.07 $ 0.82 . $ 0.61 Total Fixed Cost Estimates $ 57,370.75 $ 5,737.08 $ 63,107.83 Small Entity Proportioinal Cost Estimate Subtotal 10%Admin ZTotal Cost Estimate CITY OF SUNSET VALLEY 433.40 43.34 476.74 The city of Sunset Valley was the only entity who benefitted from the proportional cost model