HomeMy WebLinkAboutResolution 2011-0022CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 22
SERIES of 2011
TITLE: RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND
BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND
THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE
ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE
CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON
NOVEMBER 1, 2011
WHEREAS, pursuant to Section 1-7-116(2), C .R.S., as amended, the
Jefferson County Clerk ("County Clerk") and the City of Wheat Ridge ("City") shall enter
into an agreement for the administration of their respective duties concerning the
conduct of the coordinated election to be held on November 1, 2011 ("Election "): and
WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge
(the "City Clerk") are authorized to conduct elections as provided by law; and
WHEREAS, the County Clerk will conduct the Election as a "coordinated mail
ballot election " as such term is defined in the Uniform Election Code of 1992, C.R.S .
Title 1, as amended ("Code") and the Current Rules and Regulations Governing
Election Procedures adopted by the Secretary of State , as amended ("Rules"); and
WHEREAS, the City has certain ballot issues and/or ballot questions to
present to its eligible electors and shall participate in this coordinated election; and
WHEREAS, the County Clerk and the City have determined that it is in the
County's and City's best interests to cooperate in connection with the Election upon the
terms and conditions contained in the Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge:
Section 1. The appropriate City Officials are hereby authorized to execute the
Intergovernmental Agreement by and between the City of Wheat Ridge and the County
of Jefferson regarding the administration of the County's and City's respective duties
concerning the conduct of the coordinated election to be held on November 1, 2011
("IGA"), attached hereto as Exhibit A .
Section 2. For the purposes of the November 1, 2011 election and to carry out
the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code
of 1992.
~
Michael Snow, City Clerk
EXHIBIT A
Intergovernmental Agreement dated August 8, 2011
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered
into this Bth day of August , 2011 , by and between the CLERK AND RECORDER FOR
THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the
City o f Wheat Ridge ("Jurisdiction"), collectively referred to as the "Parties ."
WITNESSETH
WHEREAS , pursuant to C.R.S. § 1-7 -116(2), as amended, the County Clerk and the
Jurisdiction shall enter into an agreement for the administration of their respective duties
concerning the conduct ofthe coordinated election to be held o n November 1, 2011 ("Election");
and
WHEREAS , the County Clerk and the Jurisdiction are authorized to conduct elections as
provided by law ; and
WHEREAS , the County Clerk will conduct the Election as a "coordinated mail ballot
election" as such term is defined in the Uniform Election Code of 1992 , Title 1, C.R.S., as
amended ("Code") and the Current Rules and Regulations Governing Election Procedures
adopted by the Secretary of State, as amended ("Rules"); and
WHEREAS , the Jurisdiction has certain candidates , ballot issues and/or ballot questions
to present to its eligible electors and shall participate in this coordinated election; and
WHEREAS, the County Clerk and the Jurisdiction have determined that it is in the best
interests of Jefferson County, the Jurisdiction and their respective inhabitants to cooperate and
contract concerning the Election upon the terms and conditions contained herein .
NOW, THEREFORE, for and in consideration of the promises herein contained , the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
1.01 Goal. The purpose of this Agreement is to set forth the tasks to be
completed by the County Clerk and the Jurisdiction to conduct the Election and to pro-rate the
cost thereof.
1.02 Coordinated Election Official . The County Clerk shall act as the
Coordinated Election Official in accordance with the Code and Rules and as such shall conduct
the Election for the Jurisdiction for all matters in the Code and the Rules which require action
by the Coordinated Election Official.
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The County Clerk designates Joshua B . Liss as the "Contact Officer" to act as the
primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act
under the authority of the County Clerk and shall have the primary responsibility for the
coordination ofthe Election with the Jurisdiction and completion of procedures assigned to the
County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County
Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election.
1.03 Designated Election Official. The Jurisdiction designates
Michael D. Sno w as its "Election Officer" to act as primary liaison between the Jurisdiction
and Contact Officer. The Election Officer shall have primary responsibility for the Election
procedures to be handled by the Jurisdiction. Except as otherwise provided in this Agreement,
the Election Officer shall act as the "Designated Election Official" for all matters under the Code
and the Rules which require action by the Designated Election Official. From the date of the last
party's execution of this Agreement through canvass of the Jurisdiction 's election following the
Election, the Election Officer shall be readily available and accessible during regular business
hours , and at other times when notified by Contact Officer in advance, for the purposes of
consultation and decision-making on behalf of the Jurisdiction . In addition , the Election Officer
is responsible for receiving and timely responding to inquiries made by their voters or others
interested in the Jurisdiction's election.
1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within
Jefferson County . This Agreement shall be construed to apply only to that portion of the
Jurisdiction within Jefferson County.
1.05 Term . The term of this Agreement shall be from the date of the last
party's execution until December 31, 2011 and shall apply only to the November 1, 2011
election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 County Clerk Duties . The County Clerk shall perform the following
duties for the Election for the Jurisdiction:
A. Voter Registration.
1. Supervise , administer and provide the necessary facilities and
forms for all regular voter registration sites.
2. Notify the Jurisdiction ofthe certified number of registered
electors residing within the Jurisdiction as of the close of the registration books on the twenty-
ninth (29th) day prior to the Election .
B. Ballot Preparation.
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1. Layout the text of the ballot in a format that complies with the
Code and the Rules.
2. Provide ballot printing layouts and text for proofreading and
signature approval by the Jurisdiction.
3. Certify the ballot content to the printer(s).
4. Contract for mailed ballot packets with a vendor acceptable to the
County Clerk and remit paymen·t directly to the vendor.
C. Voter Lists.
I. Upon request of the Jurisdiction , create a list ofthe registered
voters containing the names and addresses of each elector registered to vote in the Jurisdiction.
The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's
standard rate.
2. Upon request of the Jurisdiction, certify the registration list to the
designated representative(s) of the Jurisdiction.
D. Staff. Appoint and train a sufficient number of qualified staff to
adequately serve the number of electors registered to vote at the coordinated election. The
Jurisdiction shall pay a percentage of the total cost for the staff (cost will be determined by using
total hours worked by staff from the registration cut-off date of October 3, 2011 through election
day, November 1, 2011). Such percentage shall be determined by dividing the number of voters
in the Jurisdiction by the total number of voters in the County (based upon the total number of
registered voters at the cut-off date).
E. Mail Ballots. Mail the ballot packets as required by the Code and the
Rules.
F. Absentee Voting.
I. Conduct absentee and emergency voting in the County Clerk's
office for the Jurisdiction as required by the Code.
2. Obtain and provide all ballots and supplies necessary for absentee
and emergency voting and replacement ballots.
G. Election Supplies. Provide all necessary equipment, forms and supplies
to conduct the Election, including the County's electronic vote counting equipment. The
. Jurisdiction is to be charged the pro-rated costs (as defined in Article IV) of any computer
programs which will count the voted ballots as well as pre-election preventive maintenance and
on-site technical personnel on Election night.
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H. Election Day Preparation .
1. Prepare a test deck for the pre-election logic and accuracy test to
be conducted prior to the counting of ballots in accordance with C.R.S . § 1-7 -509(2 ) and the
Rules.
2. Provide necessary electronic vote tabulating equipment
(computer), personnel properly trained in electronic tabulating equipment, facility and equipment
and to arrange for computer running time as necessary for the pre-election logic and accurac y
test and for Election day.
I. Voted Ballot Deposit
I. Provide a ballot box and seal within the Jurisdiction's primary
business location for the use by all county voters .
2. Provide daily business-day pick-up of the sealed ballot box
containing voted ballots from all assigned locations , and provide a replacement empty ballot box
and seal.
J. Election Day Activities .
1. Provide Election day telephone and in person support from 6 :00
a .m . to the conclusion of the count on Election night.
2. Inspect voted ballots , count the ballots and furnish the Jurisdiction
with unofficial results ofthe Election .
K. Counting the Ballots .
I. Conduct and oversee the process of counting the ballots and
reporting the results by Jurisdiction.
2. Establish backup procedures and backup sites for the counting of
the E lection should the counting equipment fail during the count. Should the equipment fail , and
it is determined that the counting procedures will not be recovered within a reasonable period of
time , the counting procedures will be moved to a predetermined and pretested site for the
duration of the Election counting procedures.
3 . Provide personnel to participate in the ballot counting procedures
as accomplished by any electronic vote tabulating equipment used in the Election. The
Jurisdiction personnel shall participate with personnel from the County Clerk's Office to ensure
. Jurisdiction participation in each of the electronic vote tabulating procedures that shall be used .
L. Certification of Results.
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I. Appoint, instruct and otherwise oversee the board of canvassers.
2. Certify the results ofthe Jurisdiction's Election within the time
required by law and forthwith provide the Jurisdiction with a copy of all Election statements and
certificates which are to be created under the Code.
3. In the event a recount is necessary , conduct a recount in
accordance with the law.
4. Conduct the post-election audit of voting equipment and vote-
counting equipment, in accordance with C .R .S. § 1-7-509 and the Rules.
M. Storage and Records.
I . Store all election records as required by law. Store all voted and
unvoted ballots for that time required by the Code , store voter affidavits of electors who cast
ballots in the Election for a minimum of twenty-five (25) months in such a manner that they may
be accessed by the Jurisdiction, if necessary , to resolve any challenge or other legal questions
that might arise regarding the Election.
2. Capture the vote history for the County Election Department's vote
history file by County precinct.
Nothing contained in this Agreement is intended to expand the duties of the County Clerk
beyond those duties set forth in the Code or the Rules.
3.01
for the Election:
ARTICLE III
DUTIES OF JURISDICTION
Jurisdiction Duties . The Jurisdiction shall perform the following duties
A. Authority. Provide the County Clerk with a copy of the ordinance or
resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will
participate in the coordinated Election in accordance with the terms and conditions of this
Agreement. The ordinance or resolution shall further authorize the presiding officer of the
Jurisdiction or other designated person to execute this Agreement.
B. Call and Notice . Publish all notices relative to the Election as required by
the Code, the Rules , the Jurisdiction's Charter and any other statute, rule or regulation.
C. Voting Jurisdiction . Furnish the County Clerk with maps or other legal
descriptions of each precinct, ward and /or voting jurisdiction no later than August 23, 20 II.
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D. Petitions, Preparation and Verification . Perform all responsibilities
required to certify any candidate and /or initiative petition(s) to the ballot.
E. Ballot Preparation.
l. Submit a copy of the list of Candidates , Ballot Issues and/or Ballot
Questions and the titles and summaries of each Ballot Issue or Ballot Question to the County
Clerk in computer email, CD or diskette format exactly as the list is to be printed on the ballot
pages no later than September 2 , 2011 at 3 :00p.m .
2 . Proof the layout and text of the official ballot before authorizing
the printing of the ballot by signature approval to the County Clerk .
F. Election Day Preparation. The Jurisdiction shall be responsible for
providing a minimum of one (1) person to represent the Jurisdiction at the pre-election logic and
accuracy test conducted pursuant to C.R.S. § 1-7-509(2) and Rule 11.5; and a minimum of one
(1) person to represent the Jurisdiction on the Canvass Board, which shall be established as
provided in C.R.S . §§1-10-202 through 1-10-205. The name ofthe representative shall be
submitted to the Contact Officer on or before October 17 , 20 11 , the 15 1h day prior to the
election."
G. Voted Ballot Deposit.
1. Provide a prominent location for a sealed ballot box in which all
county voters may deposit their voted ballot. [The ballot box must be available to voters from
7:00a.m. to 7:00p.m. on Election Day.]
2. Provide constant supervision during business hours for the ballot
box and assure that the ballot box is at no time left unattended.
3. Provide a secure, locked storage location for the ballot box during
all non-business hours.
4. The Jurisdiction is responsible for the secure delivery of the
remaining sealed ballot box to the County Clerk immediately after the polls close on Election
Day.
H. Counting the Ballots. Participate in each of the electronic vote tabulating
procedures that shall be used.
3.02 Cancellation of Election by the Jurisdiction. In the event that the
Jurisdiction resolves not to hold the Election , then notice of such resolution shall be provided to
the County Clerk immediately. The Jurisdiction shall within thirty (30) days promptly pay the
. County Clerk the full actual costs of the activities of the County Clerk relating to the Election
incurred both before and after the County Clerk's receipt of such notice. The Jurisdiction shall
provide notice by publication (as defined in the Code) of the cancellation of the Election and a
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copy of the notice shall be posted in the Office of the County Clerk, in the office of the
Designated Election Official (as defined in the Code), at the primary building of the Jurisdiction ,
and, if the Jurisdiction is a special district , in the office of the division of local government. The
Jurisdiction shall not cancel the Election after the 25th day prior to the Election .
ARTICLE IV
COSTS
4.01 Election Costs. The Jurisdiction shall pay the pro-rated costs (defined
below) for all services, equipment, forms and supplies provided by the County Clerk pursuant to
this Agreement. In addition, the Jurisdiction shall pay the pro-rated costs for all County
employee overtime and temporary employee regular and overtime solely related to the
preparation and conduct of the Election at each employee's rate or One Thousand Dollars
($1 ,000), whichever is greater. The Jurisdiction 's pro-rated costs shall be determined in
accordance with the formula set forth in Exhibit A attached hereto and incorporated herein by
this reference.
4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice
for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the
total payment upon receipt of such invoice. Any amount not paid within sixty (60) days after the
date of the invoice will be subject to late interest at the lesser of the rate of 1 \12% per month or
the highest rate permitted by applicable law.
ARTICLE V
MISCELLANEOUS
5.01 Notices. Any and all notices required to be given to the Parties by this
Agreement are deemed to have been received and to be effective: (1) three (3) days after the
same shall have been mailed by certified mail, return receipt requested ; (2) immediately upon
hand delivery ; or (3) immediately upon receipt of confirmation that a fax was received; to the
address of the Parties as set forth below or to such Party or addresses as may be designated
hereafter in writing.
To County Clerk: Pamela Y. Anderson
Jefferson County Clerk and Recorder
Jefferson County Government Center
1 00 Jefferson County Parkway
Golden , Colorado 80419
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with a copy to:
To Jurisdiction:
Jefferson County Attorney
Jefferson County Government Center
I 00 Jefferson County Parkway
Golden, Colorado 80419
Michael D. Snow
Wheat Ridge City Clerk
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
5.02 Amendment. This Agreement may be amended only in writing and
following the same formality as the execution of this Agreement.
5.03 Integration. The Parties acknowledge that this Agreement constitutes the
sole agreement between them relating to the subject matter hereof and that no Party is relying
upon any oral representation made by another Party oremployee, agent or officer of that Party.
5.04 Indemnification. To the extent permitted by law, each party agrees to
indemnify, defend and hold harmless the other party, its agents, officers and employees from any
and all losses, costs (including attorney's fees and court costs), demands or actions arising out of
or related to any actions, errors or omissions relating to the duties and responsibilities of the
indemnifying party in the conduct of the Election.
5.05 Conflict of Agreement with Law, Impairment. In the event that any
provision in this Agreement conflicts with the Code, other statute or valid prior resolution or
ordinance duly adopted by the Jurisdiction, this Agreement shall be modified to conform to such
law or resolution. No subsequent resolution or ordinance of the Jurisdiction shall impair the
rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to
this Agreement.
5.06 Time of Essence. Time is of the essence of this Agreement. The time
requirements of the Code and the Rules shall apply to completion of the tasks required by this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement.
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ATTEST:
APPROVED AS TO FORM:
David Wunderlich
Assistant County Attorney
ATTEST:
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CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON
STATE OF COLORADO
By ______________________ ___
Pamela Y. Anderson
Date -----------------------
JURISDICTION:
B Michael Snow y------~---=~~----------Name/Title City Clerk
Date 8-P-/J
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HOW TO FIGURE OUT THE ELECTION COST FOR AN ENTITY
l) Each ballot style is comprised of different combinations of entities on the ballot. For
example ballot style I might be the County and State only , ballot style 2 might be
County, State , and the Jurisdiction .
2) The total number of voters in each ballot style is determined . These numbers can be
ascertained by running a computer program once the ballot style information is entered
into the system. Then the total number of voters for each entity in a ballot style is
determined by taking the total number of voters in each ballot style and dividing it by the
number of entities in the ballot style. If, using the explanation in number I, ballot style 2
had i 00 voters, then each entity would have 33 voters because three entities share the
ballot style.
3) The total number of voters a certain entity is responsible for in a ballot style is divided by
the total number of registered voters. The decimal point must be moved over two places
to the right. This will determine the percentage that the entity is responsible for in that
ballot style .
4) After all ballot styles are completed , a running tally of the percentage numbers is done
for each entity to get the grand total of percentage. For example, ifthe Jurisdiction 's
percentage numbers in the ballot styles were .6%, .25%, and 3.5% the grand total of
responsibility would be 4.125%.
5) That percentage grand total is used to find out how much the entity owes for the election.
lfthe Jurisdiction's percentage is 4.125% and the total cost ofthe election is $200,000,
then the Jurisdiction would owe $8250.00. The decimal point must be moved back two
places to the left to make it whole dollars and not percent.
There is a $1000 minimum so no entity would be charged less than that. All numbers used in the
above explanation are for example and discussion purposes only and are not to be assumed the
amount owed or the estimated amount owed in an election.
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Exhibit A
Page 1 of2
10
STYLE NUMBER
NUMBER OF
VOTERS
TOTAL
(YEAR) (ELECTION TITLE)
(ENTITY'S)
DIVIDE BY TOTAL DIVIDE BY
THE VOTERS TOTAL
NUMBER PER NUMBER
OF ENTITY OF
ENTITIES BALLOTS
ISSUED IN
JEFFCO
(000,000)
TOTAL PERCENT AGE FOR (ENTITY)
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PERCENTAGE
PER ENTITY
Exhibit A
Pa2e 2 of2
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