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HomeMy WebLinkAboutResolution-2004-0020 RESOLUTION NO. 20-2004 SERIES of 2004 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 2, 2004. 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 2, 2004 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 2, 2004 DONE AND RESOLVED on this 23rd day of August, 2004 ^~~( 1 INTERGOVERNMENT AL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") IS made and entered mto this 23rd day of August, 2004, by and between the CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the CITY OF WHEAT RIDGE. STATE OF COLORADO, a municipal corporation, ("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 admimstratlOn of their respective duties concermng the conduct ofthe general election to be held on November 2,2004 ("Election"), and WHEREAS, the County Clerk and the JurisdictIOn's City Clerk (the "City Clerk") arc authorized to conduct electIOns as provided by law; and WHEREAS, the County Clerk will conduct the ElectIOn as a "coordmated precmct polling place election" as such terms are 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 JunsdlctlOn has certam ballot issues to present to its elIgible electors and shall participate in this coordmated election, and WHEREAS, the County Clerk and the JUrIsdictlOn have determmed that It is in the best mterests of Jefferson County, the JunsdictIon and their respectIve mhabltants to cooperate and contract concermng the Election upon the terms and conditions contamed herem. NOW, THEREFORE, for and m conSideration of the promIses herem 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 CIty Clerk to conduct and to pro-rate the cost of the Election. 1.02 Coordinated Election Official. The County Clerk shall act as the Coordmated Election OffiCIal in accordance with the Code and Rules and as such shall conduct the Election for the J unsdiction for all matters m the Code and the Rules which requne actIOn by the Coordinated ElectIon OffiCial The County Clerk designates Susan Miller as the "Contact Officer" to act as the pnmary liaison between the County Clerk and the JurisdictIOn. The Contact Officer shall act under C:\DOCUMENTS AND SETTINGS\CJONES\MY DOCUMENTS\IGA WITH COUNTY DOC the authonty of the County Clerk and shall have the pnmary responsibility for the coordmatlOn of the ElectIOn with the JunsdictIon and completion of procedures assigned to the County Clerk hereunder Nothing herein shall be deemed or construed to relieve the County Clerk. or the City Clerk from their officIal responsibilitIes for the conduct of the ElectIOn. 1.03 Desie:nated Election Official. The JunsdictlOn designates the City Clerk as Its "Election Officer" to act as prImary liaison between the JurisdictIOn and Contact Officer The ElectIOn Officer shall have pnmary responsibihty for the Election procedures to be handled by the JunsdictlOn. Except as otherwise provided m 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 business hours, and at other times when notified by Contact Officer m advance, for the purposes of consultation and declslOn-makmg on behalf of the Jurisdiction. In additIOn, the Election Ofticer IS responsible for receivmg and timely responding to inquirIes made by theIr voters or others interested in the Junsdlction's election. 1.04 Jurisdictional Limitation. The JUrIsdiction encompasses territory within Jefferson County This Agreement shall be construed to apply only to that portIOn of the Junsdlction 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, 2004, and shall apply only to the general 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 JunsdictlOn. A. Voter Registration. 1. Supervise, admmister and provide the necessary facilitIes and forms for all regular voter registration sites. 2. Notify the Junsdiction of the certified number of registered electors residmg withm the JurisdictIOn as of the close of the registration books on the twenty-ninth (29th) day prior to the Election. B. Ballot Preparation. I. Layout the text of the ballot in a format that complies with the Code and the Rules. C:IDOCUME-1 ICJONESILOCALS-1 \TEMP\MUNI-LG-04. DOC 2 2, of the Jurisdiction. Provide ballot prIntmg layouts and text for proofreadmg and sIgnature approval 3 Certify the ballot content to the pnnter(s) 4 Contract for absentee ballots, sample ballots and precmct pollmg place ballots with a vendor acceptable to the County Clerk and remit payment directly to the vendor C. Voter Lists 1 Upon request ofthe Jurisdiction, create a lIst of the registered voters containing the names and addresses of each elector registered to vote m 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 tram a sufficient number of qualified staff to adequately serve the number of electors registered to vote at the coordlllated electIOn. The JunsdictIon is to pay the cost of one (I) County staff for a period begllll11ng on the thirtieth (30th) calendar day pnor to the ElectIOn through and includmg Election day, which shall mc\ude eight (8) regular hours per workmg day at the salary of $11 00 per hour plus any overtime hours which are required to complete the ElectIon, In the alternative, the Jurisdiction shall prOVide the equivalent of one (I) full-time clencal worker who will be assigned to the County Clerk for all work and overtIme hours required dunng the thnty (30) days pnor to the ElectIOn through and mcludmg ElectIon day E. Election Judges. Appoint and compensate a sufficient number of electIon judges for each polhng location and for a location for absentee ballots, as required by law F. Absentee and Early Voting. 1 Conduct absentee, early and emergency votmg in the County Clerk's office and at other locations for the JUrIsdiction as reqUIred by the Code 2. Obtain and provide all ballots and supphes necessary for absentee, early and emergency votmg and replacement ballots. G. Election Supplies. Provide all necessary eqmpment and forms to conduct the ElectIOn, including the County's electromc vote countlllg equipment. The JunsdictlOn IS to be charged the pro-rated costs (as defined m Article IV) of any computer programs whIch Will count the voted ballots as well as pre-election preventive mamtenance and on-sIte teclmical personnel on ElectIOn night. CIDOCUME-1 ICJONESILOCALS-1 ITEMPIMUNI.LG.04 .DOC 3 H. Election Day Preparation. I Prepare a test deck of voted test ballot cards to be counted the day pnor to the ElectIOn, just pnor to the beglnnmg of the actual count and followmg completIOn of the ballot count as reqUIred by the Code. 2. Provide necessary electromc vote tabulatmg equipment (computer), personnel properly trained in electromc tabulating equipment, facihty and equipment and to arrange for computer running time as necessary for a test run and for ElectIOn day I. Election Day Activities. 1 Provide Election day telephone and m person support from 6'00 a,m. to the conclusIOn of the count on Election night. 2. Inspect voted ballots, count the ballots and furmsh the JunsdlctIon with unofficial results of the ElectIOn. J. Counting the Ballots. I Conduct and oversee the process of counting the ballots and reporting the results by Jurisdiction. 2. Estabhsh backup procedures and backup sites for the countmg of the ElectIOn should the counting equipment fail during the count. Should the equipment fail, and it IS determmed that the counting procedures will not be recovered withm a reasonable penod of time, the countmg procedures will be moved to a predetermined and pretested site for the duratIOn of the Election counting procedures. All related costs are to be paid pro-rata (as defined m Article IV) by the coordmatmg Jurisdiction. 3 Provide personnel to participate m the ballot countmg procedures as accomphshed 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 JunsdictlOn participation in each of the electromc vote tabulating procedures that shall be used. K. Certification of Results 1. Appoint, mstruct and otherwise oversee the board of canvassers. 2. Certify the results of the JurisdIctIOn's Election wlthm the time reqUIred by law and forthwith provide the JUrIsdiction with a copy of all ElectIon statements and certtticates which are to be created under the Code. C'.\DOCUME-i \CJONES\LOCALS-i \TEMP\MUNI-LG-04. DOC 4 3. In the event a recount IS necessary, conduct a recount III accordance with the law L. Storage and Records 1 Store all election records as required by law Store all voted and unvoted ballots for that time reqUired by the Code, store voter affidaVits of electors who cast ballots m the Election for a mmimum of twenty-five (25) months in such a manner that they may be accessed by the Junsdiction, If necessary, to resolve any challenge or other legal questions that might anse regardmg the Election. 2. Capture the vote history for the County Election Department's vote history tile by County precinct. Nothmg 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 Jurisdiction Duties. The Junsdlction shall perform the following duties for the ElectIOn. 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 Junsdiction Will participate in the coordmated Election m accordance With the terms and conditions of this Agreement. The ordmance or resolution shall further authonze the presldmg officer of the Junsdictlon 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. V oting Jurisdiction. Furnish the County Clerk With maps or other legal descriptions of each precmct, ward and/or votmg jurisdiction no later than September 8, 2004 D. Petitions, Preparation and Verification. Perform all responsibilities required to certify any candidate and/or mltlatlve petition(s) to the ballot. E. Ballot Preparation. 1 Submit the list of Ballot Issues and/or Ballot Questions and the titles and summanes of each Ballot Issue or Ballot QuestIOn to the County Clerk in computer diskette format no later than September 8, 2004 at 3'00 p.m. C:IDOCU ME-1 ICJ ONESILOCALS-1 I TEMPIMUN I-LG-04 .DOC 5 2. Proofthe layout and text of the official ballot before authorizlllg the pnntmg of the ballot by signature approval to the County Clerk. F. Election Day Preparation. Prepare a test deck of voted test ballot cards to be counted the day prior to the Election, Just pnor to the beginnmg of the actual count and followlllg completion of the ballot count, and attend each test. G 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 JunsdictlOn shall Within thirty (30) days promptly pay the County Clerk the full actual cost of the activities of the County Clerk relatmg to the ElectIOn mcurred both before and after the County Clerk's receipt of such notice The Junsdlction 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 at each pollmg place of the Jurisdiction, m the office of the City Clerk and in the office of the County Clerk. 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 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 relative to the coordinated Election or One Thousand Dollars ($1,000 00), whichever IS greater Such pro-ratIOn shall be made based upon the number of persons eligible to vote withm each Junsdlction mvolved m thiS coordinated Election. 4.02 Invoice. The County shall submit to the Junsdictlon an Itemized invoice for all expenses mcurred 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 m wntmg. C\DOCUME-1 \CJONES\LOCALS-1 \TEMP\MUNI-LG-04 .DOC 6 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. 11'1 c: F \'.j \-1l:.J\\ L\ lC~ 5.02 Amendment. This Agreement may be amended only m wntmg and followmg the same formalIty as the executIOn of this Agreement. 5.03 Integ: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 mdemmfy, defend and hold harmless the other party, ItS agents, officers and employees from any and all losses, costs (inc1udmg attorney's fees and court costs), demands or actIOns ansmg out of or related to any actions, errors or omlSSlOns relating to the duties and responsibilities of the mdemmfymg party in the conduct of the ElectlOn. 5.05 Conflict of Ag:reement with Law, Impairment. In the event that any provIsion m thiS Agreement conflicts with the Code, other statute or valId prior resolution or ordmance duly adopted by the City Council of the JunsdictlOn, thiS Agreement shall be modified to conform to such law or resolution. No subsequent resolution or ordmance of the City Council of the JunsdictlOn shall impair the nghts of the County Clerk or the City Clerk hereunder without the consent ofthe other party to thiS Agreement. 5.06 Time of Essence Time is of the essence of this Agreement. The time requirements ofthe Code and the Rules shall apply to completion of the tasks required by thiS Agreement. C:\DOCUME-1 \CJONES\LOCALS-1 \TEMP\MUNI-LG-04. DOC 7 IN WITNESS WHEREOF, the Parties hereto have signed this Agreement. ATTEST: CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON STATE OF COLORADO .~ ) ( ( -, I ' '- -'--._-- "I 11 1,.1' {Uc:t:-, J . 1 APPROVED AS TO FORM. ~~ I Jean,}. AX rs Assistant County Attorney JURISDICTION: ATTEST ~~ Anderson, City Clerk i,- Gretchen Cerveny, Mayor te: August 23, 2004 APPROVED AS TO FORM. ~4P~;/ Gerald Dahl, City Attorney C:\DOCUMENTS AND SETTINGS\CJONES\MY DOCUMENTSIIGA WITH COUNTY.DOC 8