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HomeMy WebLinkAboutResolution 2014-0045CITY OF WHEAT RIDGE , COL ORADO RESOL UTION NO. 45 Seri es of 2014 TITLE : A RESOLUTION AUTHORIZING AN IN TE RGOVERNMENT AL AGREEMENT B Y AND BETWEEN THE CLERK AND RECORDER FOR JEFFERSON COUNTY COLORADO AND THE CITY OF WHEAT RIDG E REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE NOVEMBER 4 , 2014 COORDINATED ELECTION WHEREAS , pursuant to Section 1-7-116{2), C .R.S ., as amended , the Jefferson County Clerk (County Clerk ) and the City of Wheat Ridge (City) shall enter into an agreement for the administration of their respective duties concern ing the conduct of the coordinated election to be held on November 4 , 2014 ; and WHERE AS , 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 w i ll conduct the elect ion as a "coord inated ma il ballot election " as such term is defined in the Uniform Election Code of 1992 , C .R.S . Title 1, as amended and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State , as amended; and WH EREAS , the City has certain b allot 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 have determined that it is in the County's and City's best interests to cooperate in connection with the election upon the terms and conditions conta ined in the Intergovernmental Agreement NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge : Sect ion 1 . The appropriate City Offic ials are hereby authorized to execute the Intergovernmental Agreement (IGA) by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the County's and City's respective duties concerning the conduct of the coord i nated e lection to be held on November 4 , 2014 , attached hereto as Exhi bit A . Section 2 . For the purposes of the November 4 , 2014 elect ion and to carry out the directive of the I GA. the City shall utilize the provisions of the Uniform Election Code of 1992. DONE AND RESOLVED on this 11th day of August. 2014 . ATIEST: INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION THIS INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (the "Agreement") is made and entered into Ct..u~ I I , 2014 b) and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and the ~ cf f&!t<aff4.!<, (the "Jurisdiction"). collectively referred to as the "Parties." WITNESSETH WHEREAS , pursuant to C.R.S. § 1-7 -I 16(2). 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 general election to be held on Novembe r 4. 20 14 (the "Election"): and WHEREAS. the County Clerk and the Jurisdiction are au th orized to conduct elections as provided by law; WHEREAS, the County Clerk will co ndu ct the Election as a "mail ballot election" as such term is defined in the Unifo rm Election Code of 1992. C.R.S. Tit le I. as amended (t he "Code") and the Current Rules and Regulations Governing Elec ti on Procedures adopted by the Secretar) of State. as amended (the "Rules"): WHEREAS. the Jurisdiction has certain 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 Juri sdic ti on ha\e determined th at it is in the Parties' best interests to cooperat e in connection with the Election upon the terms and condit ions contained in this Agreement. NOW, THEREFORE. for and in considerati on of the promises herein contained, the suffi ciency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS l.OJ Goal. The purpose of this Agreement is to set forth the Parties' respective tasks in order to conduct the Electi on and to allocate the cost thereof. 1.02 Coordinated Election Official. The Count) Clerk shall act as the .. coo rdin ated election official .. in accordance \\-ith the Code and Rules and shall conduct the Ele ction for the Jurisdiction and do all other things required to be done b) it in accordance \\>ith the Code and the Rules. The County Clerk designates Christi Coburn as the "Contact Officer" to ac t as the primary liaison between the Count) Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the Election with the Jurisdiction and completion of procedures assigned to the Count} 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 Des ign a te d E lect ion O ffi c ia l. The Ju risdiction designates ~ 4h ~ as its ''Election Officer" to act as primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall ha\c primary responsibilit) for Election procedures to be handled b) the Jurisdiction. The Election Officer shall act as the .. designated election official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance ~ ith the Code and the Rules. The Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by the 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 receiv ing and time ly responding to inquiries made b) its voters or others interested in the Jurisdiction's election. 1.04 Ju r is dictio na l Limita ti o n. The Jurisdiction encompasses territory\\ ithin Jefferson Count}. Colorado. This Agreement shall be construed to appl) on I) to that portion of the Jurisdiction situated within Jefferson Count). 1.05 Term . The term of this Agreement shall be from the date set forth above through December 31, 2014 and shall apply only to the Election. ARTICLE 11 D UT I ES OF T HE COUNTY CLERK 2.01 County C le rk Duties. The Count) Clerk shall perform the following duties for the Jurisdiction: A. Vo te r Reg is tration . I. Supervise, administe r and provide necessary facilities and forms for all regular voter registration sites. 2. Notify the Ju risdiction of the certified number of registered e lectors residing ~ ithin the Jurisdiction as of the close of the registration books on the 29th da) pri or to the Election. B. Ba ll o t Pre pa ra t io n . I . Layout the text of the ballot in a forrnat that complies with the Code and the Rules. 2. Provide ballot printing layouts and text for the Jurisdiction's review and signature. 3. Certif} the ballot content to the printer(s). 4. Contract for ballots. wi th a vendor acceptable to the Count) Clerk. 2 C. Voter Lists. I . Upon request of the Jurisdiction. create a list of registe red voters containing the name s and addresses of each elector regi stered to vote in the Jurisdicti on. The Juri sdiction shall pa) the County Clerk for the cost of suc h list at the County Clerk's standard rate. 2. Upon request of the Jurisdiction. certify such registration I is t to one or more de signated representative s of the Jurisdicti o n. D. Sta ff. Appoint and train a suffic ient number of stafT (including part-time, full-time and temporary) to adequately se rve the number of electors registered to vote at the Election. E. E lec t io n J udges. Appoint and compensate a sufficient number of election judges for each \Oter service and polling center and for locati o ns for mail ball ot process in g locations. as required by Ia-.\. The Jurisdicti on shall pay its pro-rated share of Election costs (as further described in Article IV) for training. criminal background record s checks and compensation of election judges. F. Vo t e r Service a nd Po llin g Ce nters. I. Conduct registration and vO£ing in the Count) Clerk's office and at other locations for the Jurisdiction as required by the Code. 2. Obtain and provide all ball ots and s upplie s nece ssary for voting toget her with replacement ballot s. G. Electio n Supplies. Provide all necessary equipment, form s and supplies to conduc t the Electi on, including the County's electronic voting equipment. The Jurisdicti o n shall be charged its pro-rated share of Election costs for an y so ftware programs used to count \ oted ball ots as well as pre-and po st -electio n maintenance and on-site technical personnel. H. E lect io n Day P r epara ti on . I . Prepare and run pre-e lection log ic and accuracy te sting in accordance~ ith C.R.S. § 1-7-509(2) and the Ru les. 2. Prov ide neces sa ry electron ic vo ting equipment toge ther with personnel and related computer equipment for pre-election logic and accuracy testing and Election da) need s. I. Voted Ba ll ot Deposi t I . Prov ide a ballot box and seal within the Juri sd icti o n's primary business locat ion for the use by all county voters. 2. Provide dai ly, or les s frequently as agreed, bu s ine ss -day pick-up of the sealed ballot box containing voted ballots from all assigned locati o ns. and provide a replacement empt y ballot box and seal. 3 J . Election Day Activities. I. Provide telephone and in person support from 6:00a.m. to 7:00p.m. on Election day. 2. Inspect voted ballots, count ballots and furnish the Jurisdiction with un official results of the Election via an on line reporting website. K. Counting Ba ll ots. 1. Co nduct and ove rsee the ballot counting process and report the re sults by Jurisdiction. 2. Establish backup procedures and backup sites for ballot counting should counting equipment fail. In such event, counting procedures will be moved to a predetermined site for the duration o f Election counting procedu res. 3. Provide personnel to participate in and assist with ballot counting procedures. The Jurisdiction shall part icipate to ensure its participation in any electronic vote tabulating processes. L. Certify ing Results. I. Appoint. instruct and oversee the board of canvassers. 2. Ce rtify the results of the Jurisdiction's Elec ti on" ithin the time required by law and provide the Juri sd icti on with a copy of all Election statement s and cert ificate s, which are required under th e Code. 3. If a recount is called for. conduct a re cou nt in accordance with applicable law . 4. Conduct post-e lection audit of \Oting equipment and vote-counting equipment in accordance wit h C.R.S. § 1-7-509 and the Rules. M . Reco rdkeeping . I. Store all Election records as requ ired b> law. Store all voted and un voted ballots for the time period required by the Code, store voter affidavits of electors who cast ballots in the Elect ion for a minimum of25 months in such a manner that they may be accessed by the Jurisdiction. if necessary. to reso lve an} challenge o r other legal questions that might arise regarding the Electi on. 2. Capture vote history for the Cou nt y Clerk· sele ction department vote histol) file by County precinct. 2.02 No Ex pansion of Duties. Nothing contained in this Agreement is intended to expand the duties ofthe Count} Clerk beyond those set forth in the Code or the Rule s. ARTICLE III DUTIES OF JURISDICTION 3.01 Jurisdictioo,s Duties. The Jurisdiction sha ll perform the following duties: A. Au th ority. Provide the Count) Clerk with a copy of the ordinance or resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction "ill participate in the Election in accordance v. ith the terms and conditions of this AgreemenL The ordinance or resolution sha ll furthe r authorize th e presiding officer of the Jurisdiction or other designated person to execute this Ag reement. B. Call and Not ic e. Publi sh all notices relative to the Election as required by the Code. the Rules, the Juri sd iction's Charter and any other statute. rule or regulation . C. Voting Jurisdiction. Furnish the Co unt y Cle rk with maps or other legal descriptions o f each precinct. ward and vo tin gjuri sdiction no late r than August 26,2014. D. Petitions, Preparation and Ve rification . Perform all re sponsibilities required to certif) an) candidate or initiative petition to the ballot. E. Ballot Preparation. I. Submit a copy of the list of candidates. ballot issues or questions and the title s and summaries of each such issue and question to the Count) Clerk via email or electronic format exactly as such list is to be printed on th e ballot pages no lat er than September 5. 2014 at 3:00p.m. 2. Provide audio recording of the proper pronunciation of any candidate name certified to the Clerk and Re corder. 3. Proof the layout and text of any official ballot before authorizing the printing of such ballot via signature approval to the County Clerk. F. E lection Day Preparation . Provide a minimum of one individual to represent the Jurisdiction at pre-election logic and accuracy testing required by the Code and the Rules and provide a minimum of o ne indi vidual to repre sent the Jurisdiction on the canvass board. which sha ll be established as provided in C.R.S. § 1-10-10 I, et. seq. The name of the Jurisdiction's representative shall be submitted in writing to the Contact Officer on or before 5:00 p.m. on September 30. 2014, the 15 1h day prior to the E lect ion. G. Voted Ballot Deposit. I. Provide a prominent location for a sealed ballot box in which all county voters may deposit their voted ballot. The ballot box must be available to voters from 7:00a.m. to 7:00p.m. 5 on lhe day of the Elect ion. For 24-hour ballot boxes. the ballot box must be available to voters 24 hours per day ( 12AM to II :59PM) on the dates spec ifi ed by the County for the Election. 2. Provide constant supervision during business hours for the ballot box and ensure that the ballot box is never left unanended. 3. Provide a secure, locked storage location for the ballot box during all non- business hours. 4. Provide for the secure delivery of sealed ballot boxes to the County Clerk immediately after polls close on Election Day. H . Ballot Counting. Participate in vote tabulating procedures. 3.02 Cancellation of Election by the Jurisdiction. If the Jurisdiction resolves not to hold the Election, then written notice shall be delivered to the Contact Officer immediately; provided, however thai the Jurisdiction shall not cancel the Election after lhe 25t h day prior to the Ele ction. If the Jurisdiction cancels the Election, it shall pay the County Clerk its actual costs rel ating to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's notice of cancellation, within 30 days after ca ncellat ion. The Jurisdiction shall provide notice by publication (as de tined in the Code) of cancellation of the Election and a copy of such notice shall be posted in the office of the Jurisdiction and in the office of the County Clerk. ARTICLE IV COSTS 4.01 Election Costs. The Jurisdiction shall pay its pro-rated share of Elections cos ts for all Election services, including, without limitation, temporary staff time (regular and overtime). equipment, forms, materials and supply costs . In addition. the Jurisdiction shall pay its share of pro-rated costs for County employee ovettime and temporary employee regular and overtime related to the preparation and conduct of the Election at eac h employee's pay rate or, if such costs do not exceed $1 ,000, then $1 000. wh ichever is greater. The Juri sdiction· s pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached to, and incorporated into. this Agreement. 4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Juri sdiction shall remit to the County lhe tota l due upon receipt. Any amount not paid withi n 30 days after receipt will be subject to an interest charge at the lesser of I Yz% per month or the highest rate permitted under law. 6 ARTICLE V MISCELLANEOUS 5.01 Notices. All notices requ ired to be given under thi s Agreement sha ll be deemed recei ved and efTective: ( 1) three days after the sa me is mailed by fir st class. certified mail. return receipt ; (2) imm ediate ly upon hand del ivery: or (3) immediately up o n confirmation of receipt during regular business hours if se nt via facsimile; to the address of the Partie s as se t fort h be low o r to addresses as may be designated by a Party hereafter in \\-riting. To the County Clerk: Pamela Y. Anderson Jeffer son County Clerk and Rec orde r I 00 Jefferson County Parkway, Suite 2560 Go ld en, Colorado 80419 Fax: (303) 27 I -8197 v. ith a cop) to: Jefferson County Attorney's Office To Juri sdic ti o n: I 00 JefTerson County Parkwa y. Suite 5500 Golden. Colorado 804 I 9 Fax: (303) 27 1-890 1 5.02 Amendment. This Agreement may not be modified or amended except in a writing signed by the Partie s. 5.03 Entire Agreement. This Agreeme nt and it s Ex hibit s constitute the en tire agreement between the Parties as to the s ubj ect maner hereof and sup ersede all prior or contemp oraneous agreements. proposals. nego tiation s. understandings , repre se mati o ns and a ll oth er communications. both oral and wrinen, bet\\ een the Partie s. 5.04 Indemnification . To the extent permined by Ia\\. each Party agrees to in demnify and hold harmle ss the other Party, its officials , o fficers, employees and agen ts from and against any and all losses, costs (including att orneys fee s), demand s o r actions ar ising o ut of or related to any neg li gent actions. errors or omissions of the indemnifying party in connection with the tra nsactio ns contemplated by this Agreement. 5.05 ConOict of Agreem ent with Law, Impairment. If any provision in this Agreement conflicts with the Code. Rule s. stat ute or resolution o r ord inance dul y adopted by the Juri sdiction. this Agreement will be modified to conform thereto . No subsequen t reso lution o r ordin ance of th e Jurisdiction shall waive or impa ir the ri ght s of a Party without the consent o f th e other Party . 7 5.06 Time of Essence. Time is of the essence in the perfonnancc of this Agreement. The time requirements of the Code and the Rules shall appl) to completion of the tasks required b) this Agreement. 5.07 No Third Party Beneficiaries. Enforcement of the tenns and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties. and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a pany to this Agreement. 5.08 Further Assurances. The Panies shall execute an) other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law; .Jurisdiction & Venue. This Agreement and the rights of the Panics under it will be governed by, and construed in accordance with. the laws of the State of Colorado. without regard to the conflicts of laws rules ofColorado. The couns ofthe State of Colorado shall have sole and exclusive jurisdiction of an) disputes or litigation arising under this Agreement. Venue for any and all legal ac t ions arising under this Agreement shall lie in the District Coun in and fo r the County of Jefferson, State of Colorado. 5.10 Headings . The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning of any provision of this Agreement. 5.11 Counterparts. This Agreement may be executed in counterpart. each of v. hich will be deemed an original. Delivery of an executed signature page ofthis Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. 5.12 Severabilitv. If any provision of this Agreement is declared by a coun of competent juri sdiction to be invalid. void or unenforceable. such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable. and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved . It is the intention ofthe panies that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Imm unities Act. §24-1 0-10 I. C.R.S. et . seq. 8 IN WITNESS WHEREOF. the Parties have signed this lntergO\ ernmcntal Agreement for Coord inated Election as of the date set forth above. JEFFERSON COUNTY CLERK AND RECORDER T HE COUNTY CLERK: DICTION: 9 EX HIB IT A CALCU LATION OF ELECTION COSTS FOR A JURISDICTION 1) Each ballot style is comprised of different combinations of jurisdictions on the ballot. For example Ballot St) le I might include the County and State only. Ballot Style 2 might include the County. the State and the Juri sdiction. 2) The County Clerk first determines the total number of voters for each ballot style b} utilizing a computer program after ballot information is entered into its system. Then. the total number of voters for each jurisdicti on by ballot style is determined by taking the total number of voters for each ballot sry le and dividing this number by the number of jurisdictions participating in such ballot style. Using the scenario in number I above. if Ballot Style 2 had 99 voters. then each entity would be allocated 33 voters because three jurisdictions share that ballot style (99 divided by 3 = 33 ). 3) The total number of voters a jurisdiction is allocated pursuant to the formula in number 2 above is then divided by the totaJ number of registered voters in the County. Using the example set forth above lor Ballot Style 2. each jurisdiction is allocated 33 voters . Thus, 33 is divided by the total number of registered voters to determine the percentage for v.hich each jurisdiction is re l>ponsible in connection with Ballot St) le 2. For example. if the total number of registered voters "as I 0,000, then each jurisdiction would be responsible for .33% for Ballot Style 2 (33 divided b) I 0.000 = .0 033 or .33%). 4) After all ballot sty le s are tallied. the percentages for the ballot st) les for each jurisdiction are added together to get that jurisdiction's grand total percentage. For example. if the Jurisdiction was included in three ballot style s and the Jurisdiction's resulting percentages for the three ballot sty les was 0.6%. 0.25%. and 3.5%. the sum of these percentages for the three ballot styles would result in a grand total of 4.35% (0.6 + 0.25 + 3.5 = 4.35%). 5) The resulting percentage grand total described in the formula in number 4 above is then used to determine a jurisdiction's total cost for the election. For example. if the Jurisdiction's grand total percentage was 4.35% and the total cost of the election v.as $200 ,000, then the Jurisdiction v.ould owe $8700.00 ($200.000 multiplied b) .0435 = $8700.00). There is a$ I 000 minimum charge. so no jurisdiction will be charged less than $1000. All numbers used above are for illustration only. The Juri sdiction shall not assume the above examples rcnect its actual or estimated cost for the Election. See also sample chart below for further illustration . [YEAR) [ELECTION TITLE] [JURISDICTION] STYLE NUMBER OF DIVIDED BY THE TOTAL VOTERS DIVIDED BY PERCENTAGE NUMBER VOTERS NUMBER OF PER TOTAL PER JURISDICTIONS JURISDICTION NUMBER OF JUR ISDlCTION BALLOTS ISSUED TOTAL (000,000) TOTAL PERCENTAGE FOR [JURISDICTION] 10