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HomeMy WebLinkAboutResolution-2003-0016 -- RESOLUTION NO. 16-2003 SERIES of 2003 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 2003. 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 4, 2003 ("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 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 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 4, 2003 '" /- , DONE AND RESOLVED on this !.\- day of' , (' , .4-::; - I I I I ~ '-,,_ I ';;)Jt:"-fA/{U'/ h-"'-<' Wanda Sang, City CIEfrk 2003 /' I \... ATTEST AUf INTERGOVERNMENTAL AGREEMENT AU(, '" . 1 J ~., '<,l ....... "".J THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered ,,",-w ~ Into thIs .<:&;L day of J.-\l.~(o\' , 2003, by and between the CLERK AND RECORDER FOR THE COUNTY OF JEF RSON, 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 admInistration of their respective duties concernIng the conduct of the coordinated electIOn to be held on November 4,2003 ("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 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 Jurisdiction has certaIn candidates, ballot Issues and/or ballot questIons to present to its eligible electors and shall partiCIpate In this coordmated election. and WHEREAS, the County Clerk and the Jurisdiction have determIned that It IS In the best interests of Jefferson County, the JUrIsdIctIOn and their respectIve inhabitants to cooperate and contract concernIng the Election upon the terms and conditions contamed 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 of thIS 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 JUlisdiction for all matters In the Code and the Rules whICh reqUIre action by the Coordinated ElectIOn OffiCial. M:\A TIORNEYIOFFlClALICLK&RCRDl03-EleCllOn\WheatRidge-l.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 pnmary responsIbIlity for the coordmation of the ElectIon wIth the JUrISdIctIOn and completIOn of procedures assigned to the County Clerk hereunder Nothmg herem shall be deemed or construed to relIeve the County Clerk or the JunsdlctlOn from theIr offiCIal responsibilItIes for the conduct of the ElectIOn_ 1.03 Designated Election Official. The JunsdictlOn desIgnates Wanda Sang 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 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 aVaIlable and accessible dUrIng regular busmess hours, and at other tImes when notified by Contact Officer in advance, for the purposes of consultation and deClSlOn- makmg on behalf of the Jurisdiction. In addition, the Election Officer is responsIble for recelvmg and timely responding to inquires made by theIr voters or others interested m the JUrIsdiction's election. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses temtory wIthm Jefferson County. ThIS Agreement shall be construed to apply only to that portion of the JurisdictIOn wIthm Jefferson County 1.05 Term. The term of this Agreement shall be from the date of the last party's executIOn until December 31,2003 and shall apply only to the November 4,2003 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 JurisdIctIOn: A. V oter Registration. 1 SupervIse, admmlster and provide the necessary facilities and forms for all regular voter registration SItes. 2. Notify the Jurisdiction of the certified number of regIstered electors resldmg wlthm the JUrIsdiction as of the close of the registration books on the twenty-mnth (29th) day prIor to the Election. , M:\ATTORN EYIlJFFIClAL\( 'LK&RCROI03-Electionl WheatRidge-l.Joc B. Ballot Preparation. 1 Layout the text of the ballot in a fonnat that complies with the Code and the Rules ') 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 Junsdiction, create a lIst of the registered voters contammg the names and addresses of each elector regIstered to vote In the JUrIsdictIOn. The JunsdlctJon shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2. Upon request of the Junsdiction, certify the regIstration list to the designated representatlve(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 reqUlred 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 , ObtaIn and proVIde all ballots and supplIes necessary for absentee and emergency voting and replacement ballots. G. Election Supplies. Provide all necessary equipment and fonns to conduct the Election, mcluding the County's electronIC vote counting eqUIpment. The Junsdiction is to be charged the pro-filted 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 techmcal personnel on Election mght. , _1 M'~, TIORNEY\OFFII 'IALln.K&RCRD\03-Eleelion\WheaIRidge-l.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 beginning of the actual count and follOWIng completIOn of the ballot count as requIred by the Code. 7 Provide necessary electroniC vote tabulating eqUIpment (computer), personnel properly traIned In electroniC tabulatmg 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 L 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 of the Election. K. Counting the Ballots. 1 Conduct and oversee the process of counting the ballots and reporting the results by Jurisdiction. 2. Estabhsh 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 countmg 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 of the Election countmg procedures. All related costs are to be paid pro-rata (as defined In ArtIcle IV) by the coordInating Junsdiction. 3 ProVIde personnel to partIcipate m the ballot countmg procedures as accomplished by any electronic vote tabulating equipment used m the Election. The JurisdIctIOn personnel shall partIcipate WIth personnel from the County Clerk's Office to ensure Jurisdiction partIcipation m each of the electroniC vote tabulating procedures that shall be used. L. Certification of Results. AppOInt. mstruct and otherwise oversee the board of canvassers. ") CertIfy the results of the JurisdictIOn's Election withm the tIme required by law and forthWIth proVIde the JunsdictlOn WIth a copy of all Election statements and certIficates which are to be created under the Code 4- 'klA TTORNEYIOFFICIALICLK&RCRDI03 EleclIOllIWheatRidge-l.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 mllllmum of twenty-five (25) months III such a manner that they may be accessed by the Junsdiction, 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 III 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 ordmance or resolution stating that the Jurisdiction has adopted the Code and that the JunsdictlOn wIll partiCIpate in the coordinated ElectIOn 1TI accordance with the terms and conditIOns of this Agreement. The ordInance or resolution shan further authOrIze the presiding officer of the Junsdiction 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 5, 2003 D. Petitions, Preparation and Verification. Perform all responsibIlities required to certify any candIdate and/or InItIative petition(s) to the ballot. E. Ballot Preparation. 1 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 \islls to be prInted on the ballot pages no later than September 10, 2003 at 3'00 p m. :'1 ,1, lATH) R N EY\OFFlCIA LlCLK& RCRDI03- Electlonl WheatRidge-! . doc 2 Proof the layout and text of the official ballot before authorIzIng the prIntIng 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 pnor to the ElectIOn, Just prIor to the begmmng 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 electromc vote tabulating procedures that shall be used. 3.02 Cancellation of Election bv the Jurisdiction. In the event that the Junsdlction resolves not to hold the Election, then notice of such resolutlOn shall be prOVided to the County Clerk immediately The JurisdlctlOn 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 JurisdictlOn shall provide notice by publicatlOn (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 distrIct, In the office of the division of local government. The JunsdictIon shall not cancel the ElectlOn 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 JunsdictlOn shall pay One and 50/100ths Dollars ($1.50) for each ballot packet Issued withIn the JurisdictIon or Nine Hundred Dollars ($900), whichever IS greater. 4.02 Invoice. The County shall submIt to the JUrIsdiction an Itemized inVOICe for all expenses mcurred under thIS Agreement and the JunsdlctIOn shall remIt to the County the total payment upon receIpt of such mvoice. 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: (l) three (3) days after the same shall have been maIled by certified maIl, return receIpt requested: (2) Immediately upon hand delivery; or (3) lmmediately 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 m wnting. () M :IA TTORNEY\OFFIC1ALICLK&RCRDIO]-ElectlOn\WheatRidge-l.doc To County Clerk. Faye Griffin Jefferson County Clerk and Recorder Jefferson County Government Center 100 Jefferson County Parkway, SUIte 2560 Golden, CO 80419 with a copy to Jefferson County Attorney Jefferson County Government Center 100 Jefferson County Parkway Golden, CO 80419 To Junsdiction. CIty of Wheat RIdge 7500 West 29th Avenue Wheat RIdge, CO 80033 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 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 arising out of or related to any actions, errors or omISSIOns relatIng to the dutIes and responsibIlitIes of the mdemnifying party in the conduct of the Election. 5.05 Conflict of Agreement with Law, Impairment. In the event that any proVIsIon In this Agreement cont1icts 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 Junsdiction 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 \1 ,IA TTORNEYI' lFFJrlALI( .Lr-&RCRDI03-Election\ WheatRidge-l.doc IN WITNESS WHEREOF, the PartIes hereto have sIgned this Agreement. ATTEST CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON ST ATE OF COLORADO i ) ., \ ~( (J....(1t t'1. 'j) ttl6L BY~~&_.-/ Faye Griffi ~#~~ Date tf'~.J ,f-;;U ATTEST JURISDICTION '~- ~\')C\; ) <:::, \J ::::l \ APPROVED AS TO FORM: 11 ^ Jean I;;~:- AssIstant County Attorney 8 :v1 :\.~TrORNEY\OFFl('IAL\CLK&RCR\J\03-Elcction\WheatRidge I.doc - RESOLUTION NO. 17 Series of 2003 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2003 BUDGET TO REFLECT ACCEPTANCE OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to assIst the Wheat RIdge Police Department In fundIng technological improvements wlthm its mobile field reportmg system; and WHEREAS, the CIty Council desires to accept the grant In the amount of $l 7,300; and WHEREAS, the Wheat RIdge Charter reqUIres that amendments to the budget be effected by the CIty Council adoptmg a ResolutIOn. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The CIty hereby accepts the grant. B The CIty Manager IS authOrIzed to execute all documents necessary for the acceptance of the award. C. Upon receIpt ofthe funds, that the funds be placed in the appropriate account. o The CIty of Wheat Ridge fiscal year 2003 budget be amended accordingly. DONE AND RESOL VED THIS 8t~"~...of.sePtem~er 200> ; C:/ ;/( - 't, ~. .'J . .1~ , , , ATTEST: ~/_~{ , . 11 L11'../..Y r0~ Wanda Sang, City C k