HomeMy WebLinkAbout7908RESOLUTION NO. 7908
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO
RELATING TO ELECTION SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1:
The Election Administration Contract between the City of Pueblo and the County of
Pueblo, dated June 24, 1996, attached hereto, is hereby approved.
SECTION 2:
The President of the City Council is hereby authorized and directed to execute said
Contract for and on behalf of the City, and the City Clerk is directed to affix the Seal of the City
thereto and attest same.
INTRODUCED June 24 , 1996
BY: Cathy Garcia
Councilperson
APPROVM:
Pres dent of the . ouncil
ATTEST:
City Clerk
ELECTION SERVICES AGREEMENT
s f4,
THIS AGREEMENT is made and entered into this - , ' day of , �!�o ;�_;__ . , 1996,
between Pueblo County, on behalf of the Clerk and Recorder of Pueblo County, hereinafter
referred to as the "County Clerk ", and the City of Pueblo, a Municipal corporation, hereinafter
referred to as the "City ".
WITNESSETH:
WHEREAS, the City is a home -rule City charged with the responsibility of providing for
and governing the conduct of all of its municipal elections pursuant to Article XX of the
Colorado Constitution and the City's Charter; and
WHEREAS, the City is authorized by the Colorado Intergovernmental Relation Act,
Section 29 -1 -201 et seq., C.R.S., to contract with the County Clerk for the administration of any
of the duties of the City relating to the conduct of such municipal elections; and
WHEREAS, the parties desire to enter into such a contract for the next special municipal
election to be held on July 9, 1996 and to set forth therein the responsibilities, obligations, and
duties of each of the parties.
NOW, THEREFORE, IN CONSIDERATION of the foregoing and the mutual promises
and covenants herein set forth, and other good and valuable consideration herein receipted for,
the County Clerk and the City agree as follows:
L DUTIES OF THE COUNTY CLERK
A. The County Clerk agree to perform the following duties for the City in connection
with the conduct of the aforesaid special municipal election by the City.
(1) Provide all of the supply and ballot boxes and transfer cases ready to be
picked up by personnel of the City not later than June 25, 1996 and which the City
shall pick up not later than July 1, 1996;
(2) Supply a complete overall alphabetical copy of registered electors of the
City of Pueblo whose names appear on the registration list of the County Clerk
twenty -five (25) days prior to the date of the municipal election;
(3) Set up ninety -seven (97) votomatic machines for absentee voting and
election day voting using ballot questions cards furnished by the City;
(4) Provide alphabetical listing of registered voters by precinct in approved
format for signature by electors at time of voting;
(5) Provide computer support as follows:
(a) Pre - election set -up, programming, and testing.
(b) Election night processing support.
(c) Ballot tabulation and result display on one computer terminal
accessible to the public and media.
(d) Election abstracts.
(6) The parties understand and agree that all duties and
responsibilities associated with this election other than the duties of the
County Clerk as set forth in this Section I shall be the responsibility of the
City including, but not limited to, the certification of issues submitted to
the voters, ballot preparation and resolution of any election issues or
challenges which shall be the sole responsibility of, and shall be handled
by, the City.
II. DUTIES OF THE CITY
A. In exchange for the services provided by the County Clerk above, the City agrees
to:
(1) Pick -up, at the Courthouse, supply and ballot boxes and transfer cases on
or after June 25, 1996 and on or prior to July 1, 1996;
(2) Provide certified ballot content to County Clerk fourteen (14) days prior to
the election.
(3) Pay the County Clerk as follows:
(a) Labor: The City agrees to reimburse the County Clerk for the
actual hourly wage paid to each staff member used by the County Clerk to
perform the services described in Section I above.
(b) Alphabetical listing by precinct at a cost of I cent per name.
(c) Any other cost or expense shall be mutually agreed to between the
City and the County Clerk.
2
(d) Computer Department Services:
(i) Programming set -up and testing will be charged at $35.00
per hour per employee involved.
(ii) Election night support and abstracts will be provided at
$20.00 per hour per employee involved.
(4) City understands and agrees that all duties, services, labor expenses, and
costs needed or required in connection with this election that are attributable to
the City, other than those specified above or by amendment to this Agreement,
including, but not limited to, preparation of the ballot layout for the printer,
ordering ballots, masks, map and seals, and conducting judges school shall be
provided by, and be the sole responsibility of, the City; provided, however, that
noting in this Agreement shall be construed to affect the responsibility of any
franchise applicant or utility granted a franchise to reimburse the City for the
expenses of this or any other franchise election.
III. OTHER PROVISIONS
A. No variation or modification of this Agreement, and no waiver of any of the
Agreement's provisions or conditions will be binding unless made in writing and signed
by duly authorized officers of the City and Pueblo County. This Agreement shall be
construed and enforced according to the laws of the State of Colorado. This Agreement
constitutes the entire agreement between the parties and supersedes all prior and
contemporaneous agreements, representations, and understandings between them.
B. It is understood by the parties that this Agreement is applicable for the July 9,
1996 City election only. The effective date of this agreement is the day and year first
written above and shall automatically terminate on July 10, 1996. If the City desires
services from the County Clerk for any other election, a separate agreement will be
necessary for each such election.
C. In the event that the City, at some time after the effective date of this Agreement,
resolves not to hold the election, then notice of such resolution shall be provided to the
County Clerk immediately. After receipt of such notice, the County Clerk shall cease all
activities and, to the extent possible, stop incurring costs in connection with the canceled
election. The City shall promptly pay the County Clerk the full actual costs incurred by
the County clerk relating to or associated with the canceled election, including those
incurred after the County Clerk's receipt of such notice to the extent such costs could not
be reasonable and lawfully avoided. The City shall publish notice of such cancellation as
required by its Charter.
D. The parties shall implement this Agreement in good faith including acting in good
faith in all matter that require joint or coordinated action.
E. Except as set forth elsewhere in this paragraph, all notices to be given in this
Agreement shall be made in writing and shall be sufficient if delivered personally due to
the need for timely transmission of information to the other party at the following
address:
Pueblo County
Attn: Clerk and Recorder
Pueblo County Courthouse
215 West 10th Street
Pueblo, Colorado 81003
Phone: 583 -6515
and
City of Pueblo
Attn: City Clerk
1 City Hall Place
Pueblo, Colorado 81003
Phone : 584 -0840
rd
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year
first written above.
ATTEST:
By:
Cler the Board
PUEBLO COUNTY, COLORADO
By:
Cliairkirn', of County i
Commi ione
ATTEST:
13y
APPROVED AS TO FORM:
By: �_-
City Attorney:. fie
By:
Pueblo County Attorney's Office
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
j
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rt�
Ifyy,
President of the Cityt Council
APPROVED AS TO CONTENT:
B ? . --
Pueblo Cbunty Clerk and Reco •4eer
MLTY 11. SAMT:ACR \K