MINUTES
Regular
Meeting – Board of Trustees
In accordance with the terms and
provisions of the Texas Open Meetings Act, Chapter 551 of Texas Government
Code, the Board of Trustees of the Austin Community College District convened in
public session on Monday, February 4, 2008, at 6:07 p.m. in the Board Room
(201) of the Highland Business Center of Austin Community College located at
5930 Middle Fiskville Road, Austin, Texas, with the following members present: Mr.
John F. Hernandez, Chair/Presiding Officer; Ms. Nan McRaven, Board Vice Chair;
Dr. James W. McGuffee, Board Secretary; Mr. Allen H. Kaplan; Mr. Jeffrey
Richard; and Ms. Veronica Rivera.
Trustees Lillian J. Davis, Barbara P. Mink; and Rafael Quintanilla were
absent from the meeting.
It is further found and
determined that in accordance with the policies and orders of this Board, the
notice of this meeting has been posted and return thereof made pursuant to the
terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas
Government Code, and there has been full compliance with the terms and
provisions of said act, including the timely posting of the subjects of this
meeting.
Recognitions
·
Student Spotlight – Cassidy Reeves, Fire Protection
Technology – Dr. Kathleen Christensen, Vice President for Student Support
and Success Systems introduced Ms. Cassidy Reeves, Fire Protection Technology
program. Ms. Reeves advised that she
received her Certificate from the ACC Fire Protection Technology program in
December 2007. She stated that other
students in the Fire Protection Technology program spoke highly of the program
and recommended that she apply. She
entered the program and was especially pleased with the classes and instructors
who worked with her to ensure that she understood the classes. She will enroll in ACC’s EMT Basic program in
the Summer of 2008. Ms. Reeves stated
that she hopes to become employed with the Austin Fire Department following
completion of the EMT program. She
expressed appreciation to ACC for providing her the opportunity to receive the
instruction to meet her goal. Chair Hernandez expressed appreciation to Ms.
Reeves for her remarks.
Citizens
Communication
The following individual
addressed the Board of Trustees:
·
Dr. Dan Dydek, ACC Professor, spoke regarding Academic Freedom.
Reports from
Associations
·
Adjunct Faculty Association – Mr. James Nelson, President, spoke
regarding compensation and invited attendance at the Association’s Spring
Meeting on Friday, March 28, 2008, 5-7 p.m., in the Board Room (201) of the
·
Classified Employees Association – No report was presented.
·
Full-Time Faculty Senate – Dr. Mariano Diaz-Miranda, President, spoke
and distributed information regarding a Resolution passed by the Faculty Senate
concerning Board Policy D-2, Academic Freedom and Responsibility.
·
Professional-Technical Employees– Mr. David Borden, President,
advised that the Association’s quarterly meeting was postponed until March.
·
Student Government Association – Mr. Josh
Whitcomb, President, spoke regarding Association activities and a recent survey
of students concerning childcare and the overwhelming support for it. He recommended that childcare be included in
the Master Plan.
President’s
Report
Dr. Stephen B.
Kinslow, College President/CEO, stated the 12th Day Enrollment
Report would be provided later in the week and noted Spring enrollment was
higher than previous Spring enrollments with a 3.9% increase. He mentioned that there was an 18% increase
in Round Rock enrollments. Dr. Kinslow
expressed appreciation to Board Chair John Hernandez for attending the recent
Bellwhether Conference in
Reports to the Board
·
Facilities Update – Mr. Bill Mullane, Executive Director
of Facilities and Construction, called attention to current construction and
renovation projects, GO Tax Bond Projects, District-Wide Renovation Projects,
and Detailed Usage of Interest Earnings.
Mr. Mullane and Dr. Kinslow responded to questions from Trustees.
·
Financial Report – December 2007 – Mr. Ben Ferrell, Vice
President, Business Services, called attention to the information provided
including:
o The College’s
budget was on track and projecting a positive $2.9 million Net Revenues &
Expenses, and a $8.0 million increase in Total Assets.
o Fall enrollments
were up about 2.3%. Spring enrollments
were up by approximately 3.9%. This is a
combined increase of about 3%, which exceeds the original projections of 2%
growth, and, therefore, tuition revenues are projected to be slightly above
budget.
o As for expenses,
Adjunct Faculty and Overloads were projected to slightly exceed original
estimates due to the increased enrollments and vacancies in Full-Time Faculty
Salaries. This would be offset by
increased tuition revenues and lapsed salaries in Full-Time Faculty. Total salaries were projected to be under
budget by $2.7 million.
In summary, adjusting
revenues by $1.0 million and expenses by $1.9 million, Net Revenues over
Expenses projected a budget surplus of about $2.9 million and an increase in
Total Net Assets of about $8.0 million.
Cash and investments were in line at approximately $93 million, including
$35 million in bond proceeds. Dr.
Kinslow and staff were commended for the report.
·
Student Forums:
Trustees James
McGuffee and Veronica Rivera provided an update on the recent Rio Grande Campus
Forum, and Trustees discussed campus parking.
CONSENT ITEM(S)
There were no Consent
Items.
DISCUSSION/POSSIBLE ACTION
Agenda Item 8415
Discussion of FY09 Budget Development Process
and E-1, Policy Compliance
·
Budget Planning
Directives
·
Process/Calendar
Chair Hernandez
introduced the item. Dr. Stephen B. Kinslow
and Mr. Ben Ferrell, Vice President for Business Services, provided an overview
of the Budget Planning Directives and the Master Plan and Budget Development
Process. Trustees were informed of the
shared governance priorities of the Master Plan and integration of the Master
Plan and the FY 2008-09 operating budget.
The process for the development of the Fiscal Year 2009-2011 Master Plan
is consistent with the process used for the Fiscal Year 2008-2010 Master
Plan. Dr. Kinslow and Mr. Ferrell
responded to questions from Trustees regarding a proposed 35th
Anniversary Celebration for the College; the legislative agenda; a Board policy
on environmental sustainability; and funding for student recruitment/minority
recruitment and faculty recruitment.
Agenda Item 8416
Policy Compliance Report:
G-11, Investments
Chair Hernandez
introduced the item. Mr. Ferrell stated
the Public Funds Investment Act requires the Board to conduct an annual review
of investment strategies and policy and to adopt a written document that the
Board has reviewed the policy and recorded any changes thereto. The Public Funds Investment Act also states
that “A renewal or extension of the contract must be made by the governing body
of the investing entity by order, ordinance, or resolution”.
ACC’s Investment
policy states that: Investment performance
is continually monitored and evaluated by the Investment Advisor with a report
presented on a quarterly basis. The
report will outline conformance to the restrictions of the Policy in the area
of diversification and term of maturity.
The report will also compare the performance of the College’s portfolio
to appropriate benchmarks as determined by the Investment Committee. The report will include an economic summary
discussing interest rate trends, investment strategy and any other information
deemed appropriate by the Chief Financial Officer or the Investment Committee.
Ms. Susan
Anderson, PFM, Inc., Investment Advisors, presented the Quarterly Investment
Report for the Quarter ending December 31, 2007, and discussed the Annual
Review.
Trustees James McGuffee moved and
MOTION: The Board of Trustees state, in the affirmative,
that the Board has reviewed its investment policies and investment strategies
as provided under G-11, Investments, in the ACC Board Policy manual and that
the said Investment Policy will continue in force without change.
Vote: The motion
passed on a unanimous vote of 6-0.
FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr.
James W. McGuffee, Ms. Nan McRaven; Mr. Jeffrey Richard, and Ms. Veronica Rivera.
AGAINST: None.
ABSENT: Dr. Lillian J. Davis, Dr. Barbara Mink, and
Mr. Rafael Quintanilla.
* * * * *
Annual Review of
Investment Strategies and Policy
Whereas,
Sec. 2256.005 (e) of the Texas
Public Funds Investment Act states:
“The governing body of an investing entity
shall review its investment policy and investment strategies not less than
annually. The governing body shall adopt a written instrument by rule, order,
ordinance, or resolution stating that it has reviewed the investment policy and
investment strategies and that the written instrument so adopted shall record
any changes made to either the investment policy or investment strategies.”
Be
it resolved that the Board has
reviewed its investment policies and investment strategies as approved under
“G-11, Investments” in the Austin Community College Board Policy Manual, and
that said policy and investment strategy will continue in force without change.
John
Hernandez, Board Chair
Attest:
Dr. James McGuffee, Board Secretary
* * * * *
Trustees James McGuffee moved and Allen Kaplan seconded
that:
MOTION: The Board of Trustees approve the second one-year
extension of the investment contract with PFM Assets Management, LLP.
Vote: The motion
passed on a unanimous vote of 6-0.
FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr.
James W. McGuffee, Ms. Nan McRaven; Mr. Jeffrey Richard, and Ms. Veronica
Rivera.
AGAINST: None.
ABSENT: Dr. Lillian J. Davis, Dr. Barbara Mink, and
Mr. Rafael Quintanilla.
* * * * *
Exercise of Second
One-Year Extension of Investment Advisory Contract
Whereas,
Sec. 2256.006 (b) of the Texas
Public Funds Investment Act states:
“In the exercise of its
powers under Subsection (a), the governing body of an investing entity may
contract with an investment management firm registered under the Investment
Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities
Board to provide for the investment and management of its public funds or other
funds under its control. A contract made under authority of this subsection may
not be for a term longer than two years. A renewal or extension of the contract
must be made by the governing body of the investing entity by order, ordinance,
or resolution”;
Whereas, Austin Community College District has an investment advisory
contract with PFM Asset Management LLC which provides for two one-year
extensions;
Whereas, the Board desires to exercise the second one-year extension of
the Investment Advisory Agreement with PFM Asset Management LLC;
Be
it resolved that the Board approves
the second one-year extension of its Investment Advisory Contract with PFM Asset Management LLC.
John
Hernandez, Board Chair
Attest:
Dr. James McGuffee, Board Secretary
* * * * *
Agenda Item 8417
Discussion of Board Policy A-1, Vision/Mission/Values
Statement, and Board Policy A-2, Intended Outcomes
Chair Hernandez
introduced the item. Dr. Stephen B.
Kinslow provided information regarding proposed revisions to the Board
policies. He stated the goal has been to
merge the two policies into one policy.
The proposed
policy revision seeks to provide a more concise statement of the mission of the
College that is memorable and summarizes the primary goals of ACC. As a further step, the merger of Board Policies
A-1 and A-2 integrates the broad goals as stated in the mission statement with
the specific intended outcomes currently outlined in Board Policy A-2, Intended
Outcomes.
Trustees Jeffrey Richard moved and
MOTION: That the
Board of Trustees adopt the proposed revised Board Policy A-1,
Vision/Mission/Values Statement, including the merging of Policies A-1 and A-2.
Dr. Kinslow
stated that the College logo would not be changed at this time.
Vote: The motion
passed on a unanimous vote of 6-0.
FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr.
James W. McGuffee, Ms. Nan McRaven; Mr. Jeffrey Richard, and Ms. Veronica
Rivera.
AGAINST: None.
ABSENT: Dr. Lillian J. Davis, Dr. Barbara Mink, and
Mr. Rafael Quintanilla.
*
* * * *
Board Policy A-1, Vision/Mission/Values Statement
Value Statements:
These are the core values that guide the Austin Community College
District’s internal and external interactions with each other and our
community:
·
C – Communication: ACC values open, responsible exchange of
ideas.
·
A – Access: ACC values an open door to educational
potential.
·
R – Responsiveness: ACC values targeted actions to address
Service Area and internal needs within available
resources.
·
E – Excellence: ACC values commitment to integrity and exemplary
standards.
·
S – Stewardship: ACC values personal and professional
ownership that generates accountability.
Vision Statement
The Austin Community College District will be recognized as the
preferred gateway to higher education and training and as the catalyst for
social equity, economic development, and personal enrichment.
The ACC District promotes student success and improves communities by
providing affordable access to higher education and workforce training in its
eight-county service area.
To fulfill its mission, the College will provide, within its available
resources, the mission elements prescribed by the State of
[a]
Vocational
and technical programs of varying lengths leading to certificates or degrees.
[b]
Freshman-
and sophomore-level academic courses leading to an associate degree or serving
as the base of a baccalaureate degree program at a four-year institution.
[c]
Continuing
adult education for academic, occupational, professional, and cultural
enhancement.
[d]
Special
instructional programs and tutorial service to assist underprepared students
and others who wish special assistance to achieve their educational goals.
[e]
A
continuing program of counseling and advising designed to assist students in
achieving their individual educational and occupational goals.
[f]
A
program of technology, library, media, and testing services to
support instruction.
[g]
Contracted
instructional programs and services for area employers that promote economic
development.
Intended Outcomes
The
Austin Community College District, on an on-going and annual basis, will
evaluate its effectiveness in nurturing a teaching and learning environment
that achieves its vision and mission.
The Austin Community College District will establish effectiveness
outcomes designed to achieve:
[1]
Balanced
instructional offerings among the mission elements expected of the College.
[2]
A
teaching and learning environment that encourages students to be active,
life-long learners;
[3]
Accessible
and affordable post-secondary and higher education programs and services for
all who qualify and have the ability to benefit;
[4]
Enrollments
reflecting diverse and traditionally underserved populations in numbers that
represent the local populations of our Service Area;
[5]
Student
performance that meets or exceeds established goals based on State and/or
national benchmarks in the following areas:
[a]
Transfer
to universities;
[b]
Job
placement from career workforce programs into family-wage careers;
[c]
College
retention and program completion of students, including developmental students;
[d]
Basic
skills acquisition including GED achievement;
[e]
Literacy-level
increases including ESL students; and
[f]
Successful
transition from developmental to college-level courses;
[6]
Efficiently
administered programs and services that create an institution that is a good place to work, learn, and otherwise
experience the higher-education process.
Institutional Effectiveness measures will be established and annually reviewed through the college’s shared governance process as part of continuous quality improvement efforts. Institutional Effectiveness measures and assessment results will be reviewed annually by the Board of Trustees.
* * * * *
Agenda Item 8418
2008 Election Agreement with
Chair Hernandez
introduced the item and Ms. Linda Young, Special Assistant to the President for
Governmental and Community Relations, provided information.
The Travis
County Elections Division proposed to contract election services for ACC
jointly with
Ms. Young
responded to questions from Trustees regarding voting at all ACC campuses,
early voting, and mobile voting.
Trustees Allen Kaplan moved and Veronica Rivera seconded
that:
MOTION: That the
Board of Trustees approve the proposed election agreement for the
Vote: The motion
passed on a unanimous vote of 6-0.
FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr.
James W. McGuffee, Ms. Nan McRaven; Mr. Jeffrey Richard, and Ms. Veronica
Rivera.
AGAINST: None.
ABSENT: Dr. Lillian J. Davis, Dr. Barbara Mink, and
Mr. Rafael Quintanilla.
* * * * *
ELECTION
AGREEMENT BETWEEN
Pursuant
to Chapter 31, Subchapter D, Chapter 123, and Chapter 271 of the Texas Election
Code (“Code”) and Chapter 791 of the Texas Government Code, Travis County and
Austin Community College (“Participating Entity”) enter into this agreement for
the Travis County Clerk, as the County’s Election Officer, to conduct the
Participating Entity’s elections, including runoffs, and for the Participating
Entity’s use of the County’s current or future-acquired election equipment for
any voting system that the County adopts, as authorized under Title 8 of the
Election Code, for all Participating Entity elections. The purpose of this agreement is to maintain
consistency and accessibility in voting practices, polling places, and election
procedures in order to best assist the voters of the Participating Entity.
I. GENERAL
PROVISIONS
(A) Except as otherwise provided in this agreement, the term “election” refers to any Participating Entity election, occurring on the second Saturday in May and a resulting runoff, if necessary, and the first Tuesday after the first Monday in November and a resulting runoff, if necessary within all Participating Entity territory located in Travis County. If a runoff is necessary, the Participating Entity shall work with the Election Officer to determine a mutually acceptable run-off date; in the event that the Participating Entity and any other entity for which the County is providing election services or for which the County is conducting a joint election, do not agree on a run-off date, the Participating Entity agrees to whichever run-off date is selected by the Election Officer.
(B) If the Participating Entity determines it is necessary to conduct an election during a time other than that specified in I.(A), the Election Officer and a representative designated by the Participating Entity will meet as soon as possible to determine the feasibility of the Election Officer conducting such an election. If both parties agree that the Election Officer will administer this election, the new election will be based on all other applicable provisions of this agreement.
(C) Except as otherwise provided in this agreement, the term “Election Officer” refers to the Travis County Clerk.
(D)
Except as otherwise provided in this agreement, the
term “precinct” means all precincts in the territory of the Participating
Entity within
(E) Except as otherwise provided in this agreement, the term “fiscal year” refers to a time period that begins on October 1 and closes on September 30 of each year.
(F) Except as otherwise provided in this agreement, the term “election services” refers to services used to perform or supervise any or all of the duties and functions that an election officer determines necessary for the conduct of an election. Except as otherwise provided in this agreement, the term “cost for election services” includes the costs for personnel, supplies, materials, or services needed for providing these services as permitted by the Texas Election Code. The term does not refer to costs relating to the use of the voting equipment.
(G) Except as otherwise provided in this agreement, the cost for “use of voting equipment” is the amount the Participating Entity agrees to pay the County for use of the County’s DRE equipment.
(H) The Participating Entity agrees to commit the funds necessary to pay for election-related expenses for Participating Entity elections.
(I) The Election Officer has the right to enter into agreements with other entities at any time, including during the dates listed in I.(A).
(J) As a condition for providing election services and equipment usage, the Election Officer may require authorities of political subdivisions holding elections on the same day in all or part of the same territory to enter into a joint election agreement as authorized in Chapter 271 of the Texas Election Code. The Participating Entity agrees to enter into any joint election agreement required by the County.
II. PARTICIPATING ENTITY’S USE OF VOTING EQUIPMENT
(A)
The County shall
make available to the Participating Entity their current and future-acquired
voting system as authorized under Title 8 of the Election Code, subject to
reasonable restrictions and conditions imposed by the Election Officer to
ensure availability of the equipment for County-ordered elections, primary
elections, and subsequent runoff elections.
The Election Officer may impose reasonable restrictions and conditions
to protect the equipment from misuse or damage.
III. APPOINTMENT
OF ELECTION OFFICER
(A) The Travis County Election Officer (“Election Officer”) is appointed to serve as the Participating Entity’s Election Officer and Early Voting Clerk to conduct the Participating Entity’s elections described in Section I.
(B) As the Participating Entity’s Election Officer and Early Voting Clerk, the Election Officer shall coordinate, supervise, and conduct all aspects of administering voting in Participating Entity elections in compliance with all applicable law.
(C) The Participating Entity shall continue to perform those election duties listed in (1) through (8) below and any other election duties that may not be delegated to another governmental entity:
(1) preparing, adopting, and publishing all required election orders, resolutions, notices and other documents, including bilingual materials, evidencing action by the governing authority of the Participating Entity necessary to the conduct of an election;
(2) preparing federal Voting Rights Act election pre-clearance submissions to the Department of Justice, other than changes in a joint election conducted under this agreement that directly affect the County;
(3) preparing the text for the Participating Entity’s official ballot in English and Spanish, or other languages as required by law;
(4) providing the Election Officer with a list of candidates or propositions showing the order and the exact manner in which the candidates’ names and the propositions are to appear on the official ballot;
(5) conducting the official canvass of a Participating Entity election;
(6) administering the Participating Entity’s duties under state and local campaign finance laws;
(7) having a Participating Entity representative serve as the custodian of its election records; and
(8) filing the Participating Entity’s annual voting system report to the Secretary of State as required under Chapter 123 et seq. of the Texas Election Code.
(D) The Participating Entity shall also be responsible for proofing and attesting to the accuracy of all ballot language and format information programmed by the County. This includes any information programmed for use with the audio or tactile button features of the equipment. The Participating Entity will also monitor and review all logic and accuracy testing and mandatory recounts held prior to and after the election. The Participating Entity will complete its duties within timeframes as prescribed by the County. If the Participating Entity finds any discrepancies or concerns, it will immediately report them to the Election Officer and work with her to resolve any issues so that final approval can be reached.
(E) Linda Young, Special Assistant to the President will assist the County whenever possible when the conduct of the election requires assistance from Participating Entity departments and staff. Linda Young, Special Assistant to the President will serve as Regular Early Voting Clerk for the Participating Entity to receive requests for applications for early voting ballots, and forward these applications to the Joint Early Voting Clerk. Linda Young, Special Assistant to the President will serve as the Custodian of Records for the Participating Entity to complete those tasks in the Election Code that the Election Officer will not perform.
IV. ELECTION
WORKERS AND POLLING PLACES
(A) The County shall provide a list for presentation to the governing body of the Participating Entity, containing a list of places, times, and dates of early voting suitable for consideration and adoption by the governing body in accordance with Texas Election Code Chapter 85. The Election Officer will designate and confirm all Election Day polling place locations.
.
(B) The Election Officer will assume the responsibility for recruiting election personnel; however, if by the 5th day before the Election, the Election Officer reports vacancies in positions for election judges, alternate judges, election day clerks, early voting ballot board, receiving substation clerks, or any other key election personnel, the Participating Entity shall provide emergency personnel in these positions.
(C) The Election Officer shall notify each of the election judges and alternates of their appointment and the eligibility requirements that pertain to them and to the selection of election day clerks. Included in this notification will be the number of clerks that each precinct should have in addition to the election judge and alternate judge. The election judges and/or the alternates are responsible for recruiting and supervising their clerks.
(D) All election workers must agree to attend training sessions as determined by the Election Officer. Costs for these training sessions and compensation for attendees will be included as part of the election service costs.
(E) During any election and any subsequent runoff election that involve entities in addition to the Participating Entity, the Election Officer will work with all parties to find a plan that can be agreed upon regarding polling places. If agreement cannot be reached, the Election Officer will resolve the differences. In all cases, emergency polling place changes will be made by the Election Officer.
(A) Not
later than February 15 of each year, the Participating Entity shall provide to
the Election Officer a forecast of Participating Entity elections for the next
two fiscal years.
(B) Not
later than March 15 of each year, Travis County shall provide to the
Participating Entity, based on the confirmed forecasts of each jurisdiction for
which the County performs election services or with which the County
participates in joint elections, a projection of the Participating Entity’s
election costs per year for each of the next two fiscal years. The forecast shall include:
(1) a forecast of elections for all jurisdictions for which the County performs election services or with which the County participates in joint elections.
(2) the precincts to be used for each election and each jurisdiction described in Subsection 1.
(3) for each election, the Participating Entity’s projected share of election costs determined by this contract and relative to other jurisdictions for which the County performs election services or with which the County participates in joint elections. In the case of a joint election, the Participating Entity’s projected share of election costs will be determined on a pro rata basis using the following method. The number of precincts each participating entity has involved in an election will be added together. The proportional percentage of that sum for each entity will be calculated. The proportional cost for each participating entity for election services will be calculated by multiplying the proportional percentage of each participating entity by the total cost of the election. The product of these numbers is the pro rata cost for each entity. For Participating Entities with fewer than 50 precincts, a not-to-exceed flat rate will be determined in accordance with Exhibit A, which is attached hereto and incorporated herein for all purposes. After each election the formula that produces the lowest figure will be used for final billing purposes.
(4) If a flat fee is not used in calculating the Participating Entity’s projected share of election costs relative to other jurisdictions for which the County performs election services in addition to the projected itemized election costs, Travis County shall include a fee to be charged by the Election Officer equal to 10% of the Participating Entity’s projected share of the total costs of each election, as described in Section VI., excluding the costs of voting equipment, which are described in Section VII.
VI. PAYMENTS FOR ELECTION SERVICES
(A) Payments
for the use of voting equipment are addressed separately in Section VII. of
this agreement.
(B) Not later than the 50th day before an election, the Participating Entity will make a payment equal to 75% of the total of the Participating Entity’s projected share of election costs according to the most recent calculation presented by the Election Officer under Section V.(B)(3) of this agreement. In case of a cancellation of an election by the Participating Entity, the Participating Entity will notify the Election Officer on or before 11:59 p.m. on the 60th day before the election whether it expects to be able to cancel its election, and on or before 11:59 p.m. on the 53rd day before the election if that election will or will not be cancelled. Notwithstanding the provisions in IX. (B), the County and the Participating Entity agree that notice under VI.(B) can be provided via e-mail to the County at election@co.travis.tx.us and cc to gail.fisher@co.travis.tx.us. Email notification shall be sent by Linda Young, Special Assistant to the President . No deposit will be due if the Election Officer receives final written notice on or before 11:59 p.m. of the 53rd day before the election that an election will be cancelled. Within thirty days after receipt of an election cost schedule or bill setting forth the Election Officer’s actual contract expenses and charges incurred in the conduct of the election, the Participating Entity shall pay the Election Officer the remaining 25% of the expenses and charges, or the balance due where the cost schedule or bill has been revised. Payment shall be made from current revenues available to the Participating Entity. If there is a runoff election, the Participating Entity will make a payment equal to 75% of the projected costs for the runoff election immediately after receiving that projected cost from the Election Officer. The projected share of election costs will include the 10% fee for election services as discussed in VI.(C).
(C)
The Election
Officer will charge a fee for election services, as described in Section VI,
equal to 10% of the total costs of each election excluding the costs of voting
equipment. Costs for use of voting
equipment are described in Section VII.
In the event of a joint election, this 10% fee will be divided on a pro
rata basis among all entities involved in the election in the same method as
described in Section V.(B)(3). If the flat fee calculated in accordance with
Exhibit A is found to be the lesser of the two amounts, the 10% fee is included
in that flat fee charge.
(D) For
elections that do not have a runoff election, the County will send the
Participating Entity a final invoice of election expenses not later than the
45th day after an election. For
elections that do have a runoff, the County may send the Participating Entity a
final invoice of election expenses not later than the 45th day after
the runoff election. This invoice may
include expenses for both elections. The
total amount due according to these invoices shall be offset by any payments
made for “upfront” costs or made in accordance with Subsection (B) of this
section. The County shall prepare the
invoice to include:
(1) an
itemized list of each election expense incurred;
(2) the
corresponding budget estimate for each item listed;
(3) for
each final invoice item, the Participating Entity’s pro rata share of costs
will be expressed as a percentage of the total cost of the item for all
jurisdictions for which Travis County performs election services;
(4) an
itemization of any adjustments or credits to the first post-election invoice;
and
(5) the
total payment due from the Participating Entity for any portion of the
Participating Entity’s costs not
included in the Participating Entity’s payment under Subsection V.(B) or not
included as payment for an “upfront” cost;
(E) The
Participating Entity shall promptly review an election invoice and supporting
documentation when received from the County.
The Participating Entity may audit, during normal business hours,
relevant County election or accounting records upon reasonable notice to the
County. The Participating Entity shall
pay the entire final invoice or the undisputed portion of the final invoice not
later than the 30th day after receiving the invoice.
(A) The Election Officer shall conduct elections using the voting system that the Election Officer administers in the conduct of County elections, as approved by the Secretary of State in accordance with the Texas Election Code unless otherwise agreed upon by both parties.
(B) The Participating Entity shall make
payments to
(C) If the Participating Entity holds an election on a date when the County is holding a general or special November election, the Participating Entity is not charged any cost for equipment usage. However, if a runoff election is necessary after a November election, the Participating Entity will pay for equipment usage.
(D) In the event of a joint election not occurring in November, the cost for equipment usage per entity is determined by taking the cost per election and multiplying it by the proportional cost factor for that entity. If the flat fee is charged in accordance with Exhibit A, the participating Entity will pay the lesser of the two amounts.
(E) If the Participating Entity holds an
election on a date other than as listed in
(F) Payment by the Participating Entity to the County for DRE equipment is due 30 days after receipt of billing as part of the final payment for election costs as discussed in Section VI.(D).
(G) If the County acquires additional equipment, different voting equipment, or upgrades to existing equipment during the term of this contract, the charge for the use of the equipment may be renegotiated.
(A) The Participating Entity and the Election Officer shall each designate a member of their staff to serve as the primary contact for the respective offices under this agreement and provide the name and contact information for that individual to each entity.
(B) Throughout the term of this Agreement, the Participating Entity and the County will engage in ongoing communications issues related to Participating Entity elections, the use of County’s voting equipment, and the delivery of services under this agreement and, when necessary, the County Clerk, elections division staff members, and other election workers shall meet with the Participating Entity to discuss and resolve any problems which might arise under this Agreement.
(C) The Election Officer shall be the main point of media contact for election information related to election administration. The Participating Entity shall designate a contact to be the main point of contact for matters related to the content of the Participating Entity’s ballot or candidates.
IX. MISCELLANEOUS PROVISIONS
(A) Amendment/Modification
Except as otherwise provided, 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 the 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 Participating Entity. Dana DeBeauvoir, Travis County Clerk, may propose necessary amendments or modifications to this Agreement in writing in order to conduct a 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 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, by certified mail, or by common carrier. Notice to a party shall be addressed as follows:
Linda Young
Honorable Dana DeBeauvoir, Travis
Cc: Honorable David
Escamilla,
Notice by hand-delivery is deemed effective immediately, notice by certified mail is deemed effective three days after deposit with a U.S. Postal Office or in a U.S. Mail Box, and notice by a common carrier, is deemed effective upon receipt. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section.
(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 Participating
Entity agrees 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
(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 and prior agreements to conduct joint elections. 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 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 Entity in meeting its obligations under this Agreement shall be made from current revenue funds available to the governing body of the 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.
(I) Other Instruments
The County and the Participating Entity 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 Entity expressly understand and acknowledge that each may enter into other Joint Election Agreements with other jurisdictions, to be held on Election Day and at common polling places covered by 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) Addresses for Payments
Payments made to the County or the Participating Entity under this agreement shall be addressed to following respective addresses:
Elections Division
Travis
Linda Young
(N) This agreement is effective upon execution by both parties and expires on October 1, 2008 and may be renewed each year unless one party notifies the other party in writing that it wants to terminate the agreement.
(O) Either party may terminate this agreement for any reason upon providing 60 days written notice to the other party.
(P) The individuals below have been authorized to sign this Agreement.
IN TESTIMONY WHEREOF, the
parties hereto have executed this Agreement in multiple copies, each of equal
dignity, on this 4th day of February, 2008.
BY: _____________________________
John F. Hernandez
Chair of Board
BY: _____________________________
Samuel T. Biscoe
BY: ______________________________
Dana DeBeauvoir
Note: Each Participating Entity is responsible for its Department of Justice
submission, publishing its notice of election, submitting ballot language in
English an Spanish, proofing of its ballot, and canvassing its returns (
Election Day polling location flat
rate:
$1675 each location
($1500 for operating costs +$150 for 10% admin fee + $25 for equipment
usage fee)
This rate is a not- to-exceed rate
for each polling location. When determining polling locations, the goal is for
all Participating Entities to agree on the polling locations for their common
areas. In most cases the larger entities determine the sites and precinct
combinations for polling locations. If a Participating Entity has precincts
that are not shared with another entity, the Participating Entity may choose to
combine locations.
Each Election Day location has one
judge, one alternate judge, and one or two clerks. If the location is shared
with other jurisdictions, this cost is divided according to the number of
jurisdictions at that location and the percentage of population for that
jurisdiction at that location. Cost includes 10% admin fee and equipment usage
fee.
Election Day polling location
proportional rate:
Cost depends upon participation
If a large number of entities
participate in an election, and a proportional rate of the actual costs is the
less expensive alternative for the Participating Entity,
Additional Early Voting Options:
Operation of an Early Voting location as part of the
Per day $275
All of the Participating Entity’s
voters within
* * * * *
Executive Session
There was no Executive Session.
Announcements
·
Chair
Hernandez complimented Ms. Gerry Tucker, Associate Vice President for Human
Resources, on the recent Links Fundraiser.
·
Trustee
Richards invited attendance at the upcoming Austin Area Urban League Equal
Opportunity Day Gala on February 16.
Adjournment
Having no motion before the Board, the
Approved By
James
W. McGuffee, Board Secretary