HomeMy WebLinkAboutResolution-2002-0018
RESOLUTION NO.---18.=2..QQZ
SERIES of 2002
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 5, 2002.
WHEREAS, pursuant to Section 1-7-116(2), C R.S , as amended, the
County Clerk and the City of Wheat Ridge shall enter into an agreement for the
administration of their respective duties concerning the conduct of the coordinated
election to be held on November 5, 2002 ("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
Precinct polling place election" as such terms are 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 City of Wheat Ridge has certain ballot issues to present to its
eligible electors and shall participate in this coordinated election, and
WHEREAS, the County Clerk and the City of Wheat Ridge have determined that
it is in the best interests of Jefferson County, the City of Wheat Ridge and their
respective Inhabitants to cooperate and contract concerning the Election upon the terms
and conditions contained herein
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 5, 2002
DONE AND RESOLVED on this 26th day oJ.AuQust, 2002
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retchen Cerveny, Mayor
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ATTEST A
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Wanda Sang, City rk
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL ,\.GREEMENT ("Agreement") IS made and entered
Into thIs :&"" day of ~\\.Gu'~\ ,2002, by and bet\HTn the CLERK & RECORDER FOR
THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the
CITYOF WHEAT RIDGE, STATE OF COLORADO, a mUlllclpal corporation,
('"JUrIsdIction"), collectively referrcd to a, the ''Partles''
VI' ITN I <.., ')EfH
WHEREAS, pursuant to SectIon 1-7-11 (,12), C R.S., as amended, the County Clerk and
the JUrIsdlctJ()n shall enter Into an agreement lur the admll11stratlon of their respectIve dutlcs
concerl11ng thc conduct of the coordinated election to he held on Novemher 5. 2002 ("ElectIOn"),
and
WHEREAS, the County Clerk and the JUrIschctlOn's Mumclpal Clerk (the "Mumclpal
Clerk") are authOrIzed to conduct electIons as provldcd by law, and
WHEREAS, thc County Clerk WIll conduct the Election as a "coordInated precinct
pollIng placc elcctJ()n" as such tcrms are dctlned In the Umform Election Code of 1992, Title I.
C R S . as amended 1 "Code") and the Current Rules and RegulatlOns Govellllng ElectIon
Procedures adopted hy the Secretary of State as amcnded ("Rulcs"). and
WHEREAS. the JurisdictIon has certaIn hallot Issues to present to Its Chglhlc electors and
shall partICIpate In thiS coordinated electJ()n. and
WHEREAS, the County Clerk and the JUrIsdiction have determIned that It IS In the best
Intcrests of JctTcr'oon County, the JUrISllIctlon ami theIr respective Inhabitants to cooperate and
contract concerning the ElectIOn upon the terms and condItions contaIned herem
NOW, rI IEREFORE. for and In con,tdnatJon of the promises herein contained. the
suffiCiency or \\hlch I" herehy acknO\\ Iedged. the PartIes hcreto agrce as follo\\ s
\RTICLE I
PlIRPOSE\ '\If) GENEIUL MATTERS
J.()f Goal The purpose or thIS ,\greement IS to set forth the tasks to he complctcd hy
the County Clerk and thc MUl11clpal Clerk to conduct and to pro-rate the co<;f or the Electllln
1.02 Coordinated Election Official The County Clerk shall act as thc Coordinated
ElcctlOn Official In accordance \\ Ith the Code and Rules and as such shall conduct the ElectJ()n
for the JUrIsdiction for allmattns In thc t 'odc and the Rules whIch requIre action hy the
Coordinated ElcctlOn OtTiClal The County Clerk deSIgnates Susan Miller as the "Contact
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Officer" to ad as thc primary halson hetvveen the County Clerk and the JUrlslhdwn The
Contact ()!llccr shall act under the authOrity of the County Clerk and shall have the primary
responslhilttv for the coordInatIOn of the Eledlon With the JUrlslhctlllll and completIOn of
procedures as'lgned to the County Clerk hereunder NothIng herclll shall he deemed or
construed to relieve the ('ounty Clerk or the MUllIclpal Clerk from thetr offiCIal responsIbilitIes
for the condul't of the ElectIon
1.03 Designated Election Official. The JUrlSdlctlOn deSIgnates Wanda Sang as ItS
"Electwn Officer" to act as primary liaIson hctween the JUllsdlctlon and Contact Officer The
Election Officer shall have primary responslhillty for the Election procedures to be handled hy
the JUrlslhctlon Except as otherWIse proVIded In thIS Agreement, thc ElectIon Officer shall act
as the "Dcslgnatcd ElectIon OffiCIal" for all matters under the Code and the Rules which require
actIon hy thc Dcslgnated ElectIon OffiCIal From the date of thc last party's exccutlOn of thIS
Agreement through canvass of the JUrisdIctIOn' s clcctlon followmg the ElectIon, the EjectIon
Officcr shall he readily aVaIlable and accesslhle dUring regular busmess hours, and at other tImes
when notified hy Contact Officer m advance for the purposes of consultatIon and decision-
making on hehalf of the JUrIsdIctIOn In addItion, the Election Officer IS responSIble for
receIvIng and tImely responding to InqLllres madc by then' voters or others mterested In the
JUrisdictIOn's electIon
1.04 Jurisdictional Limitation. The JUflsdlctlon encompasses temtory WithIn
Jefferson County ThIS Agreement shall he construed to apply only to that portlOn of the
JUriSdIctIon wlthlll Jefferson County
l.OS Term. The term of thIS Agreement shall he from the date of the last party's
executIon untI I Decemher 31, 2002 and shall apply only to the November 5, 2002 electIOn
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 Countv Clerk Duties The County Clerk shall perform the follOWIng dutlcs for
the ElectIon for the JUrisdictIon
,\. Voter Registration.
SupervIse. admllllster and proVIde thc necessary facilItIes and forms for all
regular voter regIstratIon SltCS
1 NotIfy the JUrIsdIctIon of the certIfied numher of regIstered electors
resldlllg wIthin the JUriSdIctIon as of the Llose of the regIstratIon hooks on the twenty-nmth
(2l)th) day prior to the Election
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B. Ballut Preparation.
Layout the text of the ballot m a format that complIes vv Ith thc Code and
the Rules
~ ProVIde ballot prmtmg layouts and text for proofreadmg and signature
approval of the Junsdlctlon
J Certify the ballot content to the printer(s)
4 Contract for absentee ballots, sample ballots and precmct pollIng place
ballots 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
contammg the names and addresses of each elector regIstered to vote m the Junsdlctlon. The
JUrisdIctIon shall pay the County Clerk for the cost of such list at the County Clerk's standard
rate
., Upon request of the Junsdlction, certIfy the registratIon list to the
deSIgnated representatlve(s) of the Junsdlctlon.
D. Election Judges Appoint and compensate a suffiCient numher of election Judges
for each pollmg locatIon and for a locatIOn for absentee ballots, as reqUIred by law
E. Absentee and Early Voting.
I Conduct ahsentee, early and emergency voting m the County Clerk's
office and at other locatIons for the Junsdlctlon as reljLllfed hy the Code
~ OhtaIn and proVide all ballots and supplIes necessary for absentee. early
and emergency votmg and replacement ballots.
F. Election Supplies. Provide all neccssary cljulpmcnt and forms to conduct the
Election. Includmg the County's electronic votc counting eljlllpment. Thc JurisdIctIon IS to be
charged the pro-rated costs (as defined m Article IV) of any computer programs whIch will count
the votcd hallots as vvell as pre-electIon preventive mamtcnance and Oil-Site techmcal personnel
on EIeCtlO1l mght
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G. Election Day Preparation
Prepare a le"a dec" ul \ lltcd test ballot cards to be counted the day pnor to
the I::lectl()n lust pnor to the begm11lng of the actual count and foll(1\\mg completIon of the ballot
count as requIred by the Code
1 Provldc necessary e!cctrolllc vote tabulatmg equipment (computer),
personnel properly tramed m electrome tahulatmg equipment, faCll1ty and equIpment and to
alTange for cllmputer runnIng time as necessary for a test run and for ElectIOn day
H. Election Day Activities.
PrOVIde ElcctlOn day telephone and m pep;on SUPP011 from 6'00 a.m. to
the Clll1LluSllln of the count on Election night
1 Inspect voted ballots, count the ballots and furnish the JunsdlctlOn WIth
unoffiCial results of the Election
I. Counting the Ballots.
Conduct and oversec the process of countmg the ballots and reporting the
results by JUriSdIction
1 Establish bac"up procedures and backup sites for the counting of the
ElectIOn should the countmg eqUipment fail dunng the count. Should the equIpment fall, and it
IS determl1led that the counting proccdures WIll not be recovered wlthm a reasonable penod of
tIme, thc countl1lg procedures will be moved to a predetermined and pretested site for the
duration of the Election countmg procedures All related costs are to be paid pro-rata (as defined
m Arl1clc IV) hy the coordmatmg Junsc!Jction
-' Provide personnel to pal1iclpatc m the ballot countmg procedures as
accompl1shcd hy any clcctrolllc votc tabulatmg equipment used m the ElectlOn. The JurisdictIon
pcr<.;mHlel ,h,i11 partiCipate With personnel from the County Cler"'s Office to ensure Junsdlctlon
partiCipation In ealh llf the e1ectromc vote tahulatl1lg procedures that shall be used.
.I. Certification of Results.
^ppomt, I1lstruct and otherWIse o\erscc the hoard of canvassers.
1 Ccrtlfy the rcsults of the Junsdlctlon's Election wlthl1l the time reqUlrcd
by lal\ and lortllll ith proVIde the JUriSdIction With a copy of all Electlun statcments and
l'CrtlfilatC\ II hllh arc to he created under the Code
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3 In the event a reun1l1t IS neccssary, condULt a rccount 111 accordance \\Ith
the laIN
K. Storage and Records
I Store all electIon records as requIred hy la\\ Store all votcd and un voted
ballots for that tllne requIred by the Code, store voter affidaVIts of electors who cast ballots m the
ElectIon for a mmlmum of twenty-five (25) months In such a manner that they may be accessed
by thc J unsdlctlon, If necessary, to resolve any challenge or other legal questions that mIght ansc
regardmg the ElectIon
2 Capture the vote history for thc County Election Department's vote history
file hy County precmct.
Nothing contamed 111 thiS Agreement is mtended to expand the dutIes of the County Clerk
beyond those dutIes set f0l1h in the Code or the Rules
ARTICLE III
DUTIES OF JURISDICTION
3.0} Jurisdiction Duties. The JunsdlctlOn shall perform the following duties for the
ElectIon
A. Authority. ProVIde the County Clerk WIth a copy of the ordInance or
resolution statmg that the Junsdlctlon has adopted the Code and that the JUllsdlctlon will
participate m the coordmated ElectIOn In accordance With the terms and condItIons of thIS
Agreement The ordmance or resolutIOn shall further authOrIze the presldmg officer of the
JunsdlctlOn or othcr deSIgnated person to execute thiS Agreement.
ll. Call and Notice. PuhlIsh all notIces relatl ve to the ElectIon as reqL1lred by
the Codc. the Rules, the JUrISdICtion's Chartcr and any othcr statute. rule or regulatIOn.
C. Voting Jurisdiction. FurnIsh the County Clerk WIth maps or other legal
descnptlons of eaLh prcclnct. \varcl and/or votll1g jUnSdlctlon no later than September 1, 20112
D. Petitions, Preparation and Verification. Pcrform all responslhIiltles
reqUIred to ccrtlfy any lanclIdate and/or Il11tlatlve petltlons(s) to the ballot
E. Ballot Preparation
"luhmlt the lIst of Ballot Issues and/or Ballot QuestIons and the
tltles and summaries oj eaLh Ballot Issue or Ballot QuestIon to the County Clerk 111 computer
dIskette format IW I,tter than Septcmhcr II, 20112 at .H)() p m
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') Proof thc layout and text of the otficIaI hallot before authonLlng
thc pnntlng of the ballot by sIgnature approval to the County Clerk
F. Election Day Preparation. Prepare a test dcck of voted test ballot cards
to bc counted the day prior to the Election, Just prior to the begmmng of thc actual count and
follU\v lilt' completIon of the ballot count, and attend each test
G. Counting the Ballots. PartiCIpate In each of the electromc vote tabulatmg
procedures that shall be used.
3.02 Cancellation of Election by the Jurisdiction. In the cvent that the JurisdIctIon
resolves not to hold the ElectIon, then notIce of such resolutIon shall be proVided to the County
Clerk I1nmcdlately The JUrISchctlon shall wlthm th111y (30) days promptly pay the County Clerk
the full actual cost of the actIVItIes of the County Clerk relatlllg to the ElectIon Illcurred both
hefore and after the County Clerk's receipt of such notice The J UrlSdletlon shall proVide notice
by puhlicatlon (as defined in the Codc) of the cancellatIOn of the ElectlOn 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 m the Code), at the pnmary buIldmg of the JUrisdictIOn, and, If the
JUrisdictIOn IS a speCIal dlstnct, III thc office of the diviSIOn of local government. The
Junsdlctlon shall not cancel the ElectIOn after the 25th day pnor to the ElectlOn.
ARTICLE IV
COSTS
4.01 Election Costs. In additIon to any other costs proVided for III thiS Agreement, the
JUrisdIctIon shall pay for all County staff tIme solely related to the preparatIon and conduct of the
JunsdictlOn's Election at each staff member's hourly rate and at a pro-rated rate of the staff
salanes for activities rclatlve to thc coordinated Election or One Thousand Dollars ($LOOO DO),
whIchever IS grcater Such pro-ration shall be made based upon the number of persons eligIble to
vote wlthm each JUriSdIctIon mvolved III thIS coordinated ElectIOn
4.02 Invoice. The County shall submit to the JurisdIctIOn an Itemized mvolce for all
expenscs incurred under thiS Agreement and the JUriSdiction shall remIt to the County the total
payment upon receipt of such 111'v(11ce
ARTICLE V
MISCELLANEOUS
5.01 Notices. Any and all notices requIred to be gIven to the Partlcs by thIS Agreement
are deemcd to have been recclved and to be effcctlve (I) three (3) days after the same shall have
been mailed by ccrtlfiecl mati. retulll receipt requested, (2) Immccllately upon hancl delivery; or
(3) ImmcclIately upon rClTlpt of uli1ftnnatlOn that a fax was receIved, to the address of the
Partlcs as set forth below or to sue h Party or addresses as may be deslgnatcd hereaftcr ttl \Vrltlllg
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I {\ C{\unty Cler!"
raye Gn fflll
Jctlerson County Cler!" and Recorder
Jefferson County Government Center
100 Jcffer-;oll County Par!" way
Golden, Colorado ~0419
\v 11h a copy to
Jeller-ion County Attomey
Jefferson Coullty Govemment Center
100 Jefferson County Parkway
Golden, Colorado ~0419
to Junsdlctlon
CIty of Wheat Ridge
Attn Wanda Sang, City Cler!"
7'100 W 29th A venue
Wheat Ridge, Colorado 8021'1
5.02 Amendment. This Agrecmellt may be amended only m wlitmg and followmg the
same formality as the executIon of this Agreement.
5.03 Integration. The Parties acknowledge that tlm Agreement constitutes the sole
agreement between them relating to the subject matter hereof and that no Party is relymg 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 mdemmfy
defend ami hold harmless the other pal1y, its agents, officers and employees from any and all
losses, costs (mcludmg attorney' 'i fees and court costs), demands or actions ansIng out of or
related to any actIons, errors or omiSSIons relatmg to the dutle'i and responSibilitIes of the
IIldemlllfymg party m the conduct of the Election
5.05 Conflict of Agreement with Law, Impairment. In the event that any proVISllll1
III thiS Agrccment conflict<; \Vllh the Code, other statute or valid pnor resolution or ordmanee
duly adopted by the City Coullcil of the Jun'idletlon, thiS Agrcement shall be modIfied to
ulI1form to 'iueh law or rcsolutloll No subsequent resolutIOn or ordlllance of the City CounCil of
the Junsdtetlon shall Impair the nghts of the County Cler!" or the MUl11clpal Clerk hereunder
\\Ithout the consent of the othcr party to thiS Agreement.
5.06 Time of hssence. Tune IS of the essence of thiS Agrecment. The tIme
reql11remcnts of the Code and the Rules shall apply to completIOn of the tasks requlrcd hy thiS
Agreemcnt
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IN WITNESS ,,\ H1d{EOF, thc Pal11es heretn havc <;Igned thl" Agreement
ATTEST
.1!</-a 1\ '--I Jl(Cf4-
APPROVED AS TO FORM
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By (. fU./ 'Lc~
lean L, yars
Asslstint County ~ttorncy
ATTEST
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MunIcipal Clerk
CLERK AND RECORDER FOR THE
COUNTY Of" JEFFERSON
ST ATE OF COLORADO
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By ~ //?/ .~ ~ --<--~<
Faye Gnffin 0- '
Date __~2 -p:..L-
JURISDICTION
CITY OF WHEAT RIDGE
By ~ 4'-:)
Wanda~~ang, City Clerk
Date , .u h..p.!?.2
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