HomeMy WebLinkAboutResolution-1995-1481
RESOLUTION NO. 1481
Series of 1995
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 7, 1995.
WHEREAS, the City of Wheat Ridge, Colorado, and the County of
Jefferson, State of Colorado, desire to clarify their respective duties concerning the
conduct of the coordinated election to be held on November 7, 1995, and
WHEREAS, the parties have negotiated an Intergovernmental Agreement
which sets forth the respective duties of the parties for the coordinated election to be
held on November 7, 1995, and
WHEREAS, due to the provisions of House Bill 1255, it is necessary for
the parties to execute this Intergovernmental Agreement on or before September 8,
1995,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Wheat Ridge that 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 parties' respective duties
concerning the conduct of the coordinated election to be held on November 7, 1995
DONE AND RESOLVED on this 14th day of August
, 1995
~~
Dan Wilde, Mayor
ATTEST
.'."
Wanda Sang, City Clerk
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and
entered into this 14th day of August , 1995, by and between the
CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO
("County Clerk") and the CITY OF WHEAT RIDGE ("Jurisdiction"),
collectively referred to as the "Parties".
WITNESSETH
WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the
County Clerk and the Jurisdiction shall enter into an agreement for
the administration of their respective duties concerning the conduct
of the coordinated election to be held on November 7, 1995
("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 I, C.R.S., as amended ("Code")
and the Current Rules and Reg~lations 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
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for all matters in the Code and the Rules which require action by the
Coordinated Election Official.
The County Clerk designates Catherine Molleck 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 of the 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 Desiqnated Election Official. The Jurisdiction
designates Wanda Sang 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.
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, 1995 and shall
apply only to the November 7, 1995 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 of the 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.
I. Layout the text of the ballot in a format that
complies with the Code and the Rules.
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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 payment directly to the
vendor.
c. Voter Lists.
I. Upon request of the Jurisdiction, create a list
of the 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: Selection and Training. 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 is to pay the cost of one (I) County staff for a period
beginning on the fifteenth (15th) calendar day prior to the Election
through and including Election day, which shall include eight (8)
regular hours per working day at the salary of $7.50 per hour plus
any overtime hours which are required to complete the Election. In
the alternative, the Jurisdiction shall provide the equivalent of one
(I) full-time clerical worker who will be assigned to the County
Clerk for all work and overtime hours required during the fifteen
(15) days prior to the Election through and including Election day.
E. Mail Ballots. Mail the ballot packets as required by
the Code and the Rules.
F. Absentee voting.
1. 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
and forms 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 the computer program
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 of voted test ballot cards to
be counted the day prior to the Election, just prior to the beginning
of the actual count and following completion of the ballot count as
required by the Code.
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 a test run and for Election
day.
I. Voted Ballot Deposit
1. Provide a ballot box and seal for use by all
county voters within the Jurisdiction's primary business location for
the use of 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 of the Election.
K. counting the Ballots.
1. 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 Election 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. All related costs are to be paid pro-rata (as
defined in Article IV) by the coordinating Jurisdiction.
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
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Jurisdiction participation in each of the electronic vote tabulating
procedures that shall be used.
L. certification of Results.
1. Appoint, instruct and otherwise oversee the board
of canvassers.
2. certify the results of the 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.
M. storage and Records.
1. store all election records as required by law.
store all voted 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. store the unvoted ballots for that time required
by the Code.
3. 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.
ARTICLE III
DUTIES OF JURISDICTION
3.01 Jurisdiction Duties. The Jurisdiction shall perform
the following duties for the Election:
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.
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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 September 8, 1995.
D. Petitions, preparation and Verification. Perform all
responsibilities required to certify any candidate and/or initiative
petition(s) to the ballot.
E. Ballot preparation.
I. 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 exactly as the
list is to be printed on the ballot pages no later than September 12,
1995 at 5:30 p.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. Prepare a test deck of
voted test ballot cards to be counted the day prior to the Election,
just prior to the beginning of the actual count and following
completion of the ballot count, and attend each test.
G. Voted Ballot Deposit.
I. Provide a prominent location for a sealed ballot
box in which all county voters may deposit their voted ballot.
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.
H. counting the Ballots. Participate in each of the
electronic vote tabulating procedures that shall be used.
3.02 Cancellation of Election bv 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
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provide notice by publication (as defined in the Code) of the
cancellation of the Election and a 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 all buildings 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 29th day prior to the Election.
ARTICLE IV
COSTS
4.01 Election Costs. In addition to any other costs
provided for in this Agreement, the Jurisdiction shall pay for all
County staff time solely related to the preparation and conduct of
the Jurisdiction's Election at each staff member's hourly rate and at
a pro-rated rate of the staff salaries for activities relative to the
coordinated Election. Such pro-ration shall be made based upon the
number of persons eligible to vote within each jurisdiction involved
in this coordinated Election.
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.
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:
Joan Fitz-Gerald
Jefferson County Clerk and Recorder
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
with a copy to:
Jefferson County Attorney
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
To Jurisdiction:
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215-6797
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5.02
writing and
Agreement.
Amendment. This Agreement may be amended only in
following the same formality as the execution of this
5.03 Intearation. 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 or employee, 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 Aareement 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.
ATTEST:
CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON
STATE OF COLORADO
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By ;.~;.~:.. ~ "-- ~.-(. --i., - ,',-. Co (l ,
Joan Fitz-Ge~ald
Date . '. /..l
JURISDICTION:
ATTEST:
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CITY OF WHEAT RIDGE
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