Loading...
HomeMy WebLinkAboutResolution-2005-0041 - RESOLUTION NO. 41-2005 SERIES of 2005 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 1, 2005. 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 general election to be held on November 1, 2005 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 mail ballot 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 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 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 1, 2005 DONE AND RESOLVED on this 8th day of u --- INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered mto this 8th day of August, 2005, by and between the CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the CITY OF WHEA TRIDGE ("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 JurisdictlOn shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 1,2005 ("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 Regulations 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 JurisdictlOn 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 ofthis 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 for all matters in the Code and the Rules which require action by the Coordinated Election Official. 1 L'l[)ocumcnts and SeningslbchrislelLocal ScttingsITcmpIMUNI-SM-05 revisions (2),doc The County Clerk designates Susan Miller as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authonty 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 ofthe Election. 1.03 Desie:nated Election Official. The Jurisdiction designates Pamela Anderson 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. From the date ofthe last party's execution ofthis Agreement through canvass ofthe Jurisdiction's election following the Election, the Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by 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 receivmg and timely responding to inquires made by their voters or others interested in the Jurisdiction's election. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses terntory 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, 2005 and shall apply only to the November 1, 2005 election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 Countv 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. 2 C"IDocumcnt' and SCllingslbchristelLocal SettingsITempIMUNl-SM-05 revisions (2).doc B. Ballot Preparation. 1. Layout the text of the ballot in a format that complies with the Code and the Rules. 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. 1. Upon request of the Jurisdiction, create a list of the registered voters contaimng 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. 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. 3 C"\Documents and Settings\bchriste\Local Settings\Temp\MUNI-SM-05 revisions (2).doc H. Election Day Preparation. 1. Prepare a test deck of voted test ballots to be counted the day prior to the Election, just prior to the beginmng 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. Intentionally Omitted. 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 ofthe 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 ofthe 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 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. 4 (,'\Documents and Scttings\bchriste\Local Settings\Tcmp\MlJNI-SM-05 revisions (2).doc 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. Capture the vote history for the County Election Department's vote history file. 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 for the Election: Jurisdiction Duties. The Jurisdiction shall perform the following duties 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 ofthis 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/or voting jurisdiction no later than September 2, 2005 . 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 2, 2005 at 7:00 p.m. 5 ( .\Documcnts and Scuings\bchriste\Local Seltings\Temp\MUNI-SM-05 revisions (2).doc 2. Proof the layout and text ofthe official ballot before authorizing the pnnting of the ballot by signature approval to the County Clerk. F. Election Day Preparation. Prepare a test deck of voted test ballots 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. Intentionally Omitted. 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 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 the primary building of the Jurisdiction, and, if the Jurisdiction is a special distnct, in the office of the division oflocal government. The Jurisdiction shall not cancel the Election after the 25th 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 its pro-rata cost for all materials and supplies for the Election (including WIthout limItation, the ballot packet, envelope, labels, and postage) or $900 whichever is greater. Such pro-ratIon shall be based upon the number of persons eligible to vote within the jurisdiction and the number of ballot styles created by the number of voters involved in this coordinated Election. In addition, the Jurisdiction shall pay $1.50 for each extra ballot packet requested by the Jurisdiction. 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 III wrIting. 6 C'\Documcnts and Scttings\bcbrislc\Local Scttings\Temp\MlJNI-SM-05 revisions (2).doc To County Clerk: Faye Griffin 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 Clerk Pamela Anderson City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge. Colorado 80033 5.02 Amendment. This Agreement may be amended only in writing and following the same formality as the execution of this Agreement. 5.03 Inte1!:ration. 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 A1!:reement 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. 7 ("\I)()cumcnts and Scttings\bchristc\Lol.:al Settings\Tcmp\MUNI-SM-05 revisions (2).doc -- IN WITNESS WHEREOF, the PartIes hereto have sIgned this Agreement. ATTEST CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON STATE OF COLORADO .., ,f ,'" /, . I 1/1 /', . ( I' /1 , L;~L '-. C' ,1([" ( ,~ I ~ r - / ' I jill/ ( L\J Jt v i-t:\.L/ By ,)../ '-i! t. ., J,J : Faye Gnffin ~ Date_S II (/, f... JC.) ) II ') }, h\"'''-f I' '-' ATTEST JURISDICTION- \\\ \ \ '. r" .{ .i\ \. 'I 'I.~~ ........, ~ ,~,- I"~ ,\ \ '\ ,\, \ APPROVED AS TO FORM. 'J \1 '- \ L Z{')/ Jean 1+. A ars ASsIstant-County Attorney \\.srv~ci-adm-OO I \uscrs\cjones\Elections\IGA 2005.uce 8