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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 I /- i I \ " ',- /' '{ retchen Cerveny, Mayor , ATTEST A --,\.1 _ ~ -- 'ttU-ttf<-.' {"J~ ( 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 \,GC4\DA T A 1\GROUPS,A HORNEY DFFICIAL\CLK&RCRD\02-EI_ECTlmJ'WHEA TRIDGE-1 DOC 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 ,\GC4\DA T A I\GROUPSA TTORNEY'OFFICIAL ,CLK&RCRD\02.ELECTIONWHEA TRIDGE I.DOC 2 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 "GC4'DA TAl '.GROUPS,A TTORNEYIOFFICIALICLK&RCRDl02.ELECTIONIWHEA TRIDGE 1 DOr, 3 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 'GC4\DATA I.GR( JUP'SATTORNEY\OFFICIAL\CLK&RCRD\02 ELECTION\WHEATRIDGE 1 DOC ... 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 \\GC4\DA T A l\GROLJPS A TTORNEYOFFICIALDLK&RCRD\02.ELECTION\WHEA TRIDGE I.DOC 5 ') 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 'GC4\DAT A I\GROUPS\ATTORNEY\OFFICIAL'CLK&RCRD\02 ELECTION\WHEATRIDGE-I.DOC 6 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 'GC4\DA T A 1\GROUPS\A TTORNEY\OFFICIAL ,CLK& RCRD\02.ELECTION\WHEA TRIDGE 1 DOC 7 IN WITNESS ,,\ H1d{EOF, thc Pal11es heretn havc <;Igned thl" Agreement ATTEST .1!</-a 1\ '--I Jl(Cf4- APPROVED AS TO FORM -, .', ~ J By (. fU./ 'Lc~ lean L, yars Asslstint County ~ttorncy ATTEST ~J~ MunIcipal Clerk CLERK AND RECORDER FOR THE COUNTY Of" JEFFERSON ST ATE OF COLORADO \\ - 6 ~'-I By ~ //?/ .~ ~ --<--~< Faye Gnffin 0- ' Date __~2 -p:..L- JURISDICTION CITY OF WHEAT RIDGE By ~ 4'-:) Wanda~~ang, City Clerk Date , .u h..p.!?.2 ( - 'GC4\DA T A 1 \GROUPSIA TTORNEYIOFFICIAl\CLK&RCRDI02-ELECTION'WHEA TRIDGE 1 DOC 8