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HomeMy WebLinkAboutResolution-1997-1615 RESOLUTION NO. 1615 Series of 1997 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 4, 1997. 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 4, 1997, 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 4, 1997, and WHEREAS, pursuant to Section 1-7-116(2), C.R S , as amended, it is necessary for the parties to execute this Intergovernmental Agreement on or before Septem ber 5, 1997; 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 4, 1997 DONE AND RESOLVED on this 28th day of July , 1997. ,.(.S"cL'-"\iL Lcc{..... Dan Wilde, Mayor ATTEST ~ JjkY~ Wanda Sang, City Clerk INTERGOVERNMENT AL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered mto this 28tWayof July, 1997, 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 admimstration of their respective duties concermng the conduct of the coordmated electIOn to be held on November 4, 1997 ("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 detined in the Uniform Election Code of 1992, Title I. C .R.S., as amended ("Code") and the Current Rules and Regulations Governmg ElectIOn Procedures adopted by the Secretary of State, as amended ("Rules"); and WHEREAS, the JunsdictlOn 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 m the best interests of Jefferson County, the Jurisdiction and their respective mhabitants to cooperate and contract concerning the Election upon the terms and conditions contained herein. NOW, THEREFORE, for and m conSideration of the promises herem contamed, the sufficiency of which IS hereby acknowledged, the Parties hereto agree as follows. ARTICLE I PURPOSE AND G ENERAL MATTERS 1.01 Goal. The purpose of this Agreement IS to set forth the tasks to be completed by the County Clerk and the Junsdlction to conduct the Election and to pro-rate the cost thereof. 1.02 Coordinated Election Official. The County Clerk shall act as the Coordmated ElectIOn OfficlUl in accordance With the Code and Rules and as such shall conduct the ElectIOn for the Junsdiction for all matters In the Code and the Rules which reqUire action by the Coordinated ElectIOn OffiCial. WHTRDG 9 7 The County Clerk designates Catherine Molleck as the "Contact Officer" to act as the primary hmson between the County Clerk and the Junsdlction. The Contact Officer shall act under the authonty of the County Clerk and shall have the primary responsibihty for the coordination of the Election with the Junsdiction and completion of procedures assigned to the County Clerk hereunder Nothing herem shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responslbllltles for the conduct of the Election. 1.03 Designated Election Official. The JurisdictIOn designates Wanda Sang as its "ElectIOn Officer" to act as primary hmson between the JunsdlctlOn and Contact Officer The Election Officer shall have primary responslblhty for the Election procedures to be handled by the Junsdlction. 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 followmg the ElectIOn, the ElectIOn Officer shall be readily avmlable and accessible dunng regular busmess hours, and at other times when notified by Contact Officer m advance, for the purposes of consultation and declSlon-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 mterested in the Junsdlctlon's election. 1.04 Jurisdictional Limitation. The JurisdictIOn encompasses temtory within Jefferson County ThiS Agreement shall be construed to apply only to that portIOn of the Jurisdiction wlthm Jefferson County 1.05 Term. The term ofthis Agreement shall be from the date of the last party's execution until December 31, 1997 and shall apply only to the November 4, 1997 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 JunsdlctlOn: A. Voter Registration. 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 wlthm the Junsdiction as of the close of the registratIOn books on the twenty-ninth (29th) day pnor to the Election. B. Ballot Preparation. Layout the text of the ballot In a format that comphes With the Code and the Rules. WHTRDG 9 7 2 2. Provide ballot printing layouts and text for proofreadmg and signature approval by the JunsdlctlOn. 3. Certify the ballot content to the printer(s) 4 Contract for mUlled ballot packets With a vendor acceptable to the County Clerk and remit payment directly to the vendor c. Voter Lists. 1. 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 Junsdiction 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 hst to the designated representative(s) of the JurisdictIOn. D. Staff: Selection and Training. Appomt and train a suffiCient number of quahfied staff to adequately serve the number of electors registered to vote at the coordmated election. The JurisdictIOn is to pay the cost of one (1) County staff for a penod beginning on the fifteenth (15th) calendar day prior to the Election through and mcludmg Election day, which shall mclude eight (8) regular hours per working day at the salary of $9 00 per hour plus any overtime hours which are required to complete the Election. In the alternative, the Junsdlctlon shall provide the equivalent of one (1) 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 includmg ElectIOn day. 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. Obtam and provide all ballots and supplies necessary for absentee and emergency votmg and replacement ballots. G. Election Supplies. Provide all necessary eqUipment and forms to conduct the ElectIOn. Including the County's electromc vote countmg eqUipment. The JurisdictIOn IS to be charged the pro-rated costs (as defined in ArtIcle IV) of the computer program which wlll count the voted ballots as well as pre-election preventive mamtenance and on-site technical personnel on Election night. WHTRDG 9 7 3 H. Election Day Preparation. I. Prepare a test deck of voted test ballot cards to be counted the day pnor to the Election, Just pnor to the beginning of the actual count and followmg completion of the ballot count as required by the Code. 2. Provide necessary electronic vote tabulating equipment (computer), personnel properly tramed in electronIC tabulatmg eqUipment, facility and equipment and to arrange for computer runmng time as necessary for a test run and for Election day I. V oted Ballot Deposit 1 Provide a ballot box and seal for use by all county voters within the Junsdiction's pnmary busmess locatIOn for the use of county voters. 2. Provide dally 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 m person support from 6'00 a.m. to the conclusIOn of the count on Election mght. 2. Inspect voted ballots, count the ballots and furnish the Jurisdiction with unofficial results of the Election. K. Counting the Ballots. I results by Jurisdiction. Conduct and oversee the process of countmg the ballots and reportmg the 2. Establish backup procedures and backup sites for the counting of the Election should the counting eqUipment fail dunng the count. Should the equipment fail, and It IS determined that the countmg procedures Will not be recovered wlthm a reasonable penod of time, the countmg procedures will be moved to a predetermmed 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 m the ballot countmg procedures as accomphshed by any electronIC vote tabulating eqUipment used in the ElectIOn. The Junsdictlon personnel shall participate with personnel from the County Clerk's Office to ensure Jurisdiction participatIOn In each of the electromc vote tabulating procedures that shall be used. WHTRDG 97 4 L. Certification of Results. Appoint, mstruct and otherwise oversee the board of canvassers. 2 Certify the results of the Junsdlctlon's Election withm 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 m accordance with the law M. Storage and Records. 1 Store all election records as required by la'A- Store all voted ballots for that time reqUired by the Code, store voter affidavits of electors who cast ballots in the Election for a mlmmum of twenty-five (25) months m such a manner that they may be accessed by the JunsdlctlOn, if necessary, to resolve any challenge or other legal questIOns that might arise regarding the Election. 2. file by County precinct. Capture the vote history for the County Election Department's vote history Nothmg contamed m thiS Agreement IS mtended 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 Election: Jurisdiction Duties. The Junsdiction shall perform the folloWIng duties for the A. Authority Provide the County Clerk with a copy of the ordinance or resolutIOn stating that the JunsdlctlOn has adopted the Code and that the JurisdictIOn will participate m the coordinated Election in accordance with the terms and conditions of thiS Agreement. The ordinance or resolution shall further authonze the presiding officer of the JurisdictIOn or other designated person to execute thiS Agreement. B. Call and Notice Pubhsh all notices relative to the Election as reqUired by the Code, the Rules, the Junsdlctlon's Charter and any other statute, rule or regulation. C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal descnptlOns of each precinct, ward and/or voting jurisdictIOn no later than September 2, 1997 D. Petitions, Preparation and Verification. Perform all responsiblhtles required to certify any candidate and/or initiative petltion(s) to the ballot. WHTRDG 97 5 E. Ballot Preparation. I. Submit a copy of the list of Candidates, Ballot Issues and/or Ballot QuestIOns and the titles and summanes 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 9, 1997 at 5'30 p.m. 2. Proof the layout and text of the official ballot before authonzmg the pnntmg 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 pnor to the ElectIOn, just pnor to the begmmng of the actual count and following completion of the ballot count, and attend each test. G. Voted Ballot Deposit. 1. Provide a promment locatIOn for a sealed ballot box m which all county voters may deposit their voted ballot. [The ballot box must be available to voters to 7:00 p.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- busmess 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 electromc vote tabulating procedures that shall be used. 3.02 Cancellation of Election by the Jurisdiction. In the event that the Junsdlctlon resolves not to hold the Election, then notice of such resolution shall be provided to the County Clerk Immediately The JunsdlctlOn shall wlthm 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 Junsdlctlon shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted m the Office of the County Clerk. In the office of the Designated Election OffiCial (as defined In the Code), at the pnmary buildmg of the JunsdictlOn, and, If the Junsdlctlon IS a specwl district, in the office of the divIsIOn of local government. The JunsdlctlOn shall not cancel the Election after the 25th day pnor to the Election. WHTRDG 9 7 6 ARTICLE IV COSTS 4.01 Election Costs In addition to any other costs proVided for m thiS Agreement, the Junsdlctlon shall pay for all County staff time solely related to the preparation and conduct of the Junsdiction's Election at each staff member's hourly rate and at a pro-rated rate of the staff salanes for activIties relative to the coordmated ElectIOn. Such pro-ratIOn shall be made based upon the number of persons eligible to vote WithIn each jurisdiction Involved m thiS coordinated Election. 4.02 Invoice The County shall submit to the JunsdlctlOn an Itemized InVOice for all expenses mcurred 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 dehvery; 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 wntIng 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 Junsdlction: City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, Colorado 80215 Attn: Wanda Sang 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 or employee, agent or officer of that Party WHTRDG 97 7 5.04 Indemnification. To the extent permitted by law, each party agrees to indemmfy, 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 arismg out of or related to any actions, errors or omissions relating to the duties and responsiblhtles of the mdemmfymg party m the conduct of the Election. 5.05 Conflict of Agreement with Law. Impairment. In the event that any provlSlon m this Agreement conflicts with the Code, other statute or vahd pnor resolution or ordmance duly adopted by the Junsdiction. this Agreement shall be modified to conform to such law or resolution. No subsequent resolutIOn or ordinance of the JurisdictIOn shalllmpmr the nghts of the County Clerk or the JunsdlctlOn 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 By O--~-~ JOa~itz-Ger/;a '1 Date %/1 1 , ( JURISDICTION: ATTEST ; Y~0~ CITY OF WHEAT RIDGE By v6h~1J~L<J Dan Wilde, Mayor Date~~ '\ \ c; ~\ APPROVED AS TO FORM. ~(~/ ean L. A rs Assistant County Attorney WHTRDG 97 8