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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 d rt� Ifyy, President of the Cityt Council APPROVED AS TO CONTENT: B ? . -- Pueblo Cbunty Clerk and Reco •4eer MLTY 11. SAMT:ACR \K