HomeMy WebLinkAboutResolution 2012-0040
INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION THIS INTERGOVERNMENTAL AGREEMEN} FOR COORDINATED ELECTION (the "Agreement") is made and entered into A"'•l.J lj 1,\ ~ , 2012 by and
between lhe CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and the City of Wheat. Ridge (the "Jurisdiction"). collecti,el) referred to as the "Parties." WITNESSETH
WHEREAS. pursuant to C.R.S. §1-7-116(2), as amended, the County Clerk and the Jurisdiction sha ll enter into an agreement for the administration of their respective duties concerning
the conduct of the general clecrion to be held on November 6. 2012 (the "Election"): and WHEREAS. the County Clerk and the Juri sdiction are authorized to conduct elections as prO\ ided
b) Ia'': WHEREA . the County Clerk"' ill conduct the Election as a "coordinated precinct polling place election" as such term is defined in the Unifom\ Election Code of 1992, C.R.S.
Title I, as amended (the "Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (the "Rules"); WHEREA . the Jurisdiction
has certain ballot issues and/or ballot questions to presem to its eligible electors and shall participate in this coordinated election: and WHEREAS. the County Clerk and the Jurisdiction
have detennined that it is in the Parties' best imerests to cooperate in connection with the Election upon the terms and conditions contained in this Agreement. NOW, THEREFORE, for and
in consideration of the promises herein contained. the sufficiency of which is hereby acknowledged. the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The
purpose of this Agreement is to set forth the Parties· respective tasks in order to conduct the Election and to allocate 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 shall conduct the Election for the Jurisdiction and do all other things required to be
done by by it in accordance with the Code and the Rules. The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primal) liaison berneen the County Clerk and
the Jurisdiction. The Contact Officer shall act under the
authority of the County Clerk and shall have primary responsibility for the coordination of the Election with the Jurisdiction and completion of procedures assigned to the Count) Clerk
hereunder. Nothing herein shall be deemed or construed to relieve the Count) Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election. 1.03 Designated
Election Official. The Jurisdiction designates Janelle Shaver, Ci cy Clerk as its "Election Officer" to act as primary liaison between the Jurisdiction and the Contact Officer. The Election
Officer shall ha\-e primary responsibility for Election procedures to be handled b) the Jurisdiction. The Election Otlicer shall act as the ··designated election official" in accordance
with the Code and Rules and shall do all things required robe done by it in accordance with the Code and the Rules. The Election Officer shall be readil) available and accessible during
regular business hours. and at other times when notified by the 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 its voters or others interested in the Jurisdiction's election. 1.04 .Ju r isdictional Limitation.
The Jurisdiction encompasses ten·itory within Jefferson County. Colorado. This Agreement shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson
County. 1.05 Term. The tenn of this Agreement shall be from the date set forth abo' c through December 31. 20 12 and shall appl) only to the Election. ARTICLE lJ DUTrES OF THE COUNTY
CLERK 2.01 County Clerk Duties. The County Clerk shall perfonn the following duties for the Jurisdiction: A. Voter Registration. I. Supervise, administer and provide necessary facilities
and forms for all regular voter registration sites. 2. Notify the Jurisd iction of the certified number of registered electors residing within the Jurisdiction as of the close of the
registration books on the 29th day prior to the Election. B. Ballot Preparation. 1. Layout the text of the ballot in a fonnat that complies"' ith the Code and the Rules. 2. Provide ballot
printing layouts and text for the Jurisdiction's review and signature. 2
3. Cenify the ballot content to the printer(s). 4. Contract for mail-in ballots. sample ballots and precinct polling place ballots with a vendor acceptable to the County Clerk. C. Voter
Lists. I. Upon request of the Jurisdiction. create a list of registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. fhe Jurisdiction
shall pay the Count)' Clerk for the cost of such list at the Count) Clerk's standard rate. 2. Upon request of the Jurisdiction. certify such registration list to one or more designated
representatives of the Jurisdiction. D. Staff. Appoint and train a sufficient number of staff (including part-time, full-time and temporary) to adequate!) serve the number of electors
registered to vote at the Election. E. Election Judges. Appoint and compensate a sufficient number of election judges for each polling location and for locations for absentee mail-in
ballots, as required by law. The Jurisdiction shall pay its pro-rated share of Election costs (as as further described in Anicle IV) lor training. criminal background records checks
and compensation of election judges. F. Mail-In and Early Votin g. I. Conduct mail-in. earl} and emergency voting in the Count) Clerk's office and at other locations for the Jurisdiction
as required by the Code. 2. Obtain and provide all ballots and supplies necessar) for mail-in. early and emergency voting together with replacement ballots. G. Election Supplies. Provide
all necessary equipment, forms and supplies to conduct the Election. including the County's electronic voting equipment. The Jurisdiction shall be charged its pro-rated share of I:.lcction
costs tor any software programs used to count '>Oted ballots as well as pre-and post-election maintenance and on-site technical personnel. H. Election Day Prepa ration. I. Prepare and
run pre-election logic and accuracy testing in accordance with C.R.S. §J-7-509(2) and the Rules. 2. Provide necessary electronic voting equipment together with personnel and related
computer equipment for pre-election logic and accuracy testing and Election day needs. 3
J. Voted Ba llot Deposit I. Provide a ballot box and seal within the Jurisdiction's primary business location for the use b) all county voters. 2. Provide daily business-da} pick-up
of the sealed ballot box containing voted ballots from all assigned locations, and provide a replacement empt) ballot box and seal. J . Election Da~ A cti~v iti es. I. Provide telephone
and in person support from 6:00a.m. lo the conclusion of ballot counting on Election day. 2. Inspect voted ballots. count ballots and furnish the Jurisdiction with unofficial results
of the Election. K. Counting Ballots. I. Conduct and oversee the ballot counting process and report the results by Jurisdiction. 2. Establish backup procedures and backup sites for ballot
counting should counting equipment fail. In such event. counting procedures v. ill be moved to a predetermined site for the duration of Election counting procedures. 3. Provide personnel
to participate in and assist v. ith ballot counting procedures. The Jurisdiction shall participate to ensure its participation in any electronic \Ote tabulating processes. L. Certifying
Results. I. Appoint instruct and oversee the board of cam assers. 2. Certif) the results of the Jurisdiction·s Election v. ithin the time required by law and provide the Jurisdiction
"'ith a cop) of all Election statements and certificates. v.hich are required under the Code. 3. If a recount is called for. conduct a recount in accordance with applicable lav... 4.
Conduct post-election audit of voting equipment and vote-counting equipment in accordance with C.R.S. § 1-7-509 and the Rules. 4
M. Rccordkceping. I. Store all Election records as required b) Ia\\.. Store all voted and un\oted ballots for the time period required b) the Code. store voter affidavits of electors
"ho cast ballots in the Election for a minimum of25 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 vote histor) for the Count) Clerk's election department vote histof) rile b) Count) precinct. 2.02 No Expansion of .Duties. Nothing
contained in this Agreement is intended to expand the duties of the Count) Clerk beyond those set forth in the Code or the Rules. ARTICLE Ill DUTIES OF JURJSDICTION 3.01 Jurisdiction's
Duties. The Jurisdiction shal l perform the following duties: A. Authority. Pro\ ide the County Clerk with a cop) of the ordinance or resolution stating that the Jurisdiction has adopted
the Code and that the Jurisdiction"' ill participate in the Election in accordance v, ith 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 voting jurisdiction no later than August 28, 2012. D. Petitions, Preparation and Verification. Perform all responsibilities required to certif) an) candidate or initiative
petition to the ballot. E. Ballot Preparation. I. Submit a copy of the list of candidates. ba llot issues or questions and the titles and summaries of each such issue and question to
the County Clerk via emai I or electronic format exactly as such list is to be printed on the ballot pages no later than September 7. 2012 at 3:00p.m. 2. Provide audio recording of the
proper pronunciation of an) candidate name certified to the Clerk and Recorder. 3. Proof the layout and text of any official ballot before authorizing the printing of such ballot 'ia
signature approval to the County Clerk. 5
F. Election Day Preparation. Provide a minimum of one individual to represent the Jurisdiction at pre-election logic and accuracy testing required by the Code and the Rules and provide
a minimum of one individual to represent the Jurisdiction on the canvass board. which sha ll be established as provided in C.R.S. § 1-10-10 I. et. seq. The name of the Jurisdiction·
s representative shall be submitted in\\ riting to the Contact Officer on or before 5:00p.m. on October 22. 2012. the 15th da) prior to the Election. G. Voted Ballot Deposit. I. Provide
a prominent location for a sealed ballot box in which all county voters may deposit their' oted ballot. The ballot box must be avai lable to voters from 7:00a.m. to 7:00p.m. on the day
of the Election. 2. Provide constant supervision during business hours for the ballot box and ensure that the ballot box is never left unattended. 3. Provide a secure. locked storage
location for the ballot box during all nonbusiness hours. 4. Provide for the secure delivery of sealed ballot boxes to the Counry Clerk immediately after polls close on Election Day.
H. Ballot Counting. Panicipate in vote tabulating procedures. 3.02 Cancellation of Election by the Jurisdiction. If the Jurisdiction resolves not to hold the Election. then written notice
shall be delivered to the Contact Officer immediately; provided. hoH·e,·er that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction
cancels the Election. it shall pay the County Clerk its actual costs relating to the Election. which may include costs incurred both before and after receipt of the Jurisdiction's notice
of cancellation. within 30 days after cancellation. The Jurisdiction sha ll provide notice by publication (as Jefined in the Code) of cancellation of the Election and a copy of such
notice shall be posted at each polling place of the Jurisdiction, in the office oflhe Jurisdiction and in the office of the County Clerk. ARTICLE IV COSTS 4.01 Election Costs. The Jurisdiction
shall pay its pro-rated share of Elections costs for all Election services, including, without limitation. staff time {regular and overtime), equipment, fon11S. materials and supply
costs. In addition, the Jurisdiction shall pay its share of prorated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct
of the Election at each employee·s pay rate or. if such costs do not exceed $1.000. then $1000. whiche\ er is greater. The Jurisdiction's pro-rated costs shall be determined in accordance
v. ith the formula set fonh in Exhibit A attached to, and incorporated into. this Agreement. 6
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
due upon receipt. An) amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of I Yl% per month or the highest rate permitted under law. ARTICLE
V MISCELLANEOUS 5.01 Notices. All notices required to be given under this Agreement shall be deemed received and effective: (I) three days after the same is mailed by first class. certified
mail. return receipt: (2) immediately upon hand del ivery; or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address of the
Parties as set forth below or to addresses as may be designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson "ith a copy to: To Jurisdiction: Jefferson County
Clerk and Recorder I 00 Jefferson County Parkway. Suite 2560 Golden. Colorado 80419 Fax: (303) 303) 271-8197 Jefferson County Attorney" s Office I 00 JefTerson County Parkway, Suite
5500 Golden. Colorado 80419 Fax: (303) 271-890 I City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, co 80033 303-235-2816 Fax: 3 0 3 -2 3 4 -59 2 4 5.02 Amendment. This Agreement may
not be modified or amended except in a writing signed b) the Parties. 5.03 Entire Agreement. This Agreement and its Exhibits constitute the enti re agreement between the Parties as to
the subject matter hereof and supersede all prior or contemporaneous agreements. proposa ls. negotiations. understandings. representations and all other communications. both oral and
\\Titten. between the Parties. 5.04 Indemnification. To the extent permined by law, each Party agrees to indemnify and hold harmless the other Party. its officials. officers, employees
and agents from and against any and all losses. costs (including anorneys fees). demands or actions arising out of or related to any negligent actions. errors or omissions of the indemnifying
part) in connecLion \\ ith the transactions contemplated b) this Agreement. 7
5.05 Conflict of Agreement witb Law, Impairment. If any provision in this Agreement conflicts \.\ith the Code. Rules. statute or resolution or ordinance dul) adopted by the Jurisdiction.
this Agreement will be modified to conform thereto. No subsequent resolution or ordinance of the Jurisdiction sha ll waive or impair the rights of a Party without the consent of thc
other Party. 5.06 Time of Essence. Time is of the essence in the perfom1ance of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks
required b) this Agreement. 5.07 No Third Party Beneficiaries. Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be
stricti) reserved to the Parties. and nothing contained in this Agreement shall give or allow any such claim or right of action b} an} other person or entit) not a part) to this Agreement.
5.08 Further Assurances. The Parties sha ll execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law; .Jurisdiction
& Venue. This Agreement and the rights of the Parties under it "'ill be governed by. and construed in accordance\\ ith. the lav. s of the State of Colorado."' ithout regard to the conflicts
of laws rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of an) disputes or litigation arising under this Agreement. Venue for any and
all legal actions arising under this Agreement sha ll lie in the District Court in and for the County of Jefferson, State of Colorado. 5.10 Headings. The section headings in this Agreement
are for reference onl) and shall not effect the interpretation or meaning of any provision of this Agreement. 5.lt Counterparts. This Agreement may be executed in counterpart. each of
'Which wi ll be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery
of this Agreement. 5.12 Severability. If an) provision of this Agreement is declared by a court of competent jurisdiction to be invalid. void or unenforceable. such provision shall be
deemed to be severable. and all other provisions of this Agreement shall remain fully enforceable, and th is Agreement shall be interpreted in all respects as if such provision were
omitted. 5.13 Immunities Presencd. It is the intention of the parties that this Agreement shall not be construed as a contractual wai,er of any immunities or defenses provided by the
Colorado Governmental Immunities Act. §24-1 0-10 I. C.R.S, e1. seq. 8
IN WITNESS WHEREOF. the Parties have signed this Intergovernmental Agreement for Coordinated Election as of the date set forth above. B) ..:::t:====::::r::::::.~.,.--~~ Assistant County
Au By~-:_tL.~:f.e::~~~ Namc:Gerald Dahl Title: City Attorney SON COUNTY CLCRK AND RECORDER THE COUNTY CLERK: 9
f:.XIIIBIT A CALCULATION OF ELECTION COSTS FOR A JURISDICTION I) Each baJJot style is comprised of different combinations of jurisdictions on the ballot. For example Ballot St) le I
might include the County and State only. Ballot St) le 2 might include the Count~. the State and the Jurisdiction. 2) The Count) Cieri. firSl detem1ines the total number of voters for
each ballot style by utilizing a computer program after ballot information is entered into its system. Then, the total number of voters for each jurisdiction by ballot style is detem1ined
b) taking the total number of voters for each ballot style and dividing this number by the number of jurisdictions participating in such ballot style. Using the scenario in number I
above. if Ballot Style 2 had 99 voters. then each entit) would be allocated 33 voters because three jurisdictions share that ballot style (99 divided by 3 33 ). 3) The total number of
voters a jurisdiction is allocated pursuant to the formula in number 2 above is then divided by the total number of registered voters in the County. Using the e'amplc set forth above
for Ballot Style 2. each jurisdiction is allocated 33 voters. Thus. 33 is divided by the total number of registered voters to determine the percentage for" hich each jurisdiction is
responsible in connection with Ballot St) le 2. For e:-.ample. if the total number of registered voters was I 0,000. then each jurisdiction ''ould be responsible for .33°o for Ballot
Style 2 (33 divided by I 0.000 = .0033 or .33°o). 4) After all ballot St) les are tallied, the percentages for the ballot styles for each jurisdiction are added together to get that
jurisdiction's grand total percentage. For example. if the Jurisdiction was included in three ballot styles and the Jurisdiction's resulting percentages for the three ballot styles '"'as
0.6%. 0.25%, and 3.5%. the sum of these percentages for the three ballot styles would result in a grand total of 4.35~o (0.6 + 0.25 -+ 3.5 = 4.35%). 5) The resulling percentage grand
total described in the formula in number 4 above is then used to determine a jurisdiction's total cost for the election. ror example. if the Jurisdiction's grand total percentage was
4.35°o and the total cost of the election was $200.000. then the Jurisdiction \\Ould O\\e $8700.00 ($200.000 multiplied by .0435 = $8700.00). There is a $1000 minimum charge. so no jurisdiction
will be charged less than $1000. A II numbers used above are for illustration only. The Jurisdiction shall not assume the above examples renect its actual or estimated cost for the Election.
See also sample chart below for further illustration. [YEAR] [ELECTION TITLE] [JURISDICTION] STYLE NUMBER Or DIVIDED BY THE TOTAL VOTERS DIVIDED BY PERCENTAGF NUMBER VOTERS NUMBER OF
PER TOTAL PER JURISDICTIONS JURISDICTION NUMBER OF JURISDICTION BALLOTS ISSUED TOTAL (000,000) TOTAL PERCENTAGE FOR [JURISDICTION] 10