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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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