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HomeMy WebLinkAbout09826RESOLUTION NO. 9826 A RESOLUTION APPROVING AN AGREEMENT BETVVEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO RELATING TO ELECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Election Services Agreement between the City of Pueblo and the County of Pueblo, dated April 14, 2003, attached hereto, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement 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 April 14, 2003 BY Al Gurule APPROVED: Councilpemon President of City Council ATTEST: C~y~rk AGREEMENT THIS AGREEMENT is made and entered into this 14th day of April, 2003 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 "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 Relations Act, Section 29-1-201 et seq., C.1LS., 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 Special Municipal Election to be held on May 20, 2003. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: I. GENERAL MATTERS: A. Purpose: The purpose of this Agreement is to set forth the tasks to be completed by the County Clerk and the City in the conduct and finance of the May 20, 2003 Special Municipal Election. B. The City designates Gina Dutcher, City Clerk, as its "Contact Officer" who, together with the City's Board of Elections, shall be the primary liaison between the City and the County Clerk and who shall have the primary responsibility for the conduct of the election procedures to be handled by the City hereunder and who shall cooperate with the County Clerk in the conduct of the election. C. The parties acknowledge that, except as provided herein, matters involving compliance with specific City Charter provisions shall be and remain the sole responsibility of, and are to be exclusively handled by, the City. II. DUTIES OF THE COUNTY CLERK: The County Clerk agrees to perfo, m the following duties for the City in connection with the conduct of the aforementioned Special Municipal Election by the City. A. Provide the final layout of the absentee and official ballots to the City in order to permit the City to review and proofread before the County Clerk authorizes the printing of the ballots. The City shall remm the ballots following review and proofreading within five hours of receipt of the ballot from the County Clerk. B. Arrange for the printing and have printed all absentee and official ballots. In consultation with the Contact Officer, the County Clerk will order the number of ballots reasonably expected to be required for each polling place. C. Appoint, provide written materials, as required by law, train and pay a sufficient number of qualified election judges to adequately serve the number of electors anticipated to vote at the Special Municipal Election. D. Conduct such formal training sessions for the Judges of Election as deemed reasonably necessary by the County Clerk. E. Perform all services necessary for absentee voting in the Special Municipal Election, including preparation of absentee ballots, absentee voter materials, receipt and processing of applications for absentee ballots, mailing absemee materials, receipt of absentee materials, checking voter qualifications and preparation for counting absentee ballots. F. Provide polling places, polling place supplies and voting equipment. Make all required election notice postings at the polling place. Oversee the election judges in the performance of required sample ballots, instruction cards, precinct maps and other interior polling place postings as may be required by law. G. Provide a listing of the established election polling places detem-dned to be the official polling places for the Special Municipal Election. H. Conduct and oversee, in coordination with the City's Board of Elections, the process of counting the ballots and reporting the results. I. Certify the results of the City's Special election with the time required by law and forthwith provide the City with a copy of all election statemems and certificates which are to be created under the Code and provide the City with election abstracts and official certifications in such number as the City may reasonably require. J. Store all voted ballots for a minimum of 6 months and all signed cards of electors who cast ballots at the election for a minimum of 25 months and all other materials required by law to be saved for 25 months in such a manner that they may be accessed by the City, if necessary, in connection with or to resolve any challenge, suite or other legal question that might arise regarding the election. K. Keep a careful, accurate and contemporaneous accounting of time, supplies and salaries chargeable to the city including: 1.Charge the City for stafftime, including salary and benefits, directly attributable to conducting the Special Municipal Election on behalf oftbe City and the building rental, both for set-up and polling places and materials for the preparation and conduct of the Special Municipal Election. 2. Charge the City for the cost of the Special Municipal Election and supply judges. DUTIES OF THE CITY: In consideration of the foregoing, the City agrees to perform the following tasks and Activities: A. Certify the complete ballot content to the County Clerk prior to the 13th day before the Special Municipal Election. B. Read and proot~ead the layout, format, and text of the absentee and official ballots before the County Clerk authorizes the printing of the ballots. C. Accept the established election polling places as the official polling places for the Special Municipal Election. D. Prepare and cause publication of election in accordance with the Pueblo Municipal Code. E. Pay the actual costs of services, building rental, materials and mileage to the County Clerk upon receipt of the itemized statement for same: 1. Actual costs for alphabetical listing by precinct 2. Actual costs, including Election Preparation/Set-Up and election night tabulation and processing charge 3. Actual costs of building rental for set-up activities and polling places 4. Actual costs for election and supply judges 5. Actual costs of preparation and publication of all notices required by the Election Code 6. Actual costs of preparation and printing of ballots 7. Actual costs for mailings 8. Any other cost or expense as shall be as mutually agreed to between the City and the County Clerk. III. TERMINATION: This Agreement is intended to apply to the May 20, 2003, election. The effective date of this Agreement is upon the signatures of the parties to this Agreement, except as to those activities mandated by statute, and shall automatically terminate on December 31, 2003. IV. OTHER: A. CANCELLATION OF ELECTION BY THE CITY: In the event that the City, at some time after the effective date of this Agreement, resolves not to hold the Special Municipal Election, or postpone the election, then notice of such resolution shah be provided to the County Clerk immediately. The City shall promptly pay the County Clerk the full actual costs of the activities of the County Clerk, relating to the City's costs associated with the election, both before and after the County Clerk's receipt of such notice. The City shall publish notice of such cancellation in the Pueblo Chieftain, a newspaper of general circulation. The County Clerk shall post notice of the cancellation in the Office of the County Clerk and the Contact Officer shall post notice of the cancellation at City Hall. B. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representation, and understandings between them. 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 amendmem to this Agreement, shall he provided by, and be the sole responsibility of, the City. No variation or modification of this Agreemem, and no waiver of any of the Agreemem's provisions or conditions will be binding unless made in writing and signed by duly authorized owners, principals, or officers of the City and Pueblo County. This Agreement shall he construed and enforced according to the laws of the State of Colorado. C. This Agreement shall be binding upon and inure to the benefit of the parties to it and their respective legal representatives, successors, and assigns. Any delegation or assignment of this Agreement by either party without the prior written consent of the other party shall he void. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only and shall not effect the construction or interpretation of its provisions. Except as set forth elsewhere in this paragraph, all notices to he given in this Agreement shall he made in writing and shall he sufficient if delivered personally due to the need for timely transmission of information to the other party at the following addresses: Pueblo County Attn: Clerk and Recorder Pueblo County Courthouse 215 West 10th Street Pueblo, CO 81003 Phone: 583-6520 and City of Pueblo Attn: City Clerk 1 City Hall Place Pueblo, CO 81003 Phone: 584-0840 D. CONFLICT OF AGREEMENT WITH LAW: In the event that any provision of this Agreement conflicts with the Charter of the City of Pueblo or other statutory or regulatory law, this Agreement shall be modified to conform to such law. In the event of conflict between the Code and the Charter, the provisions of the Charter shall govern. No subsequent resolution of the Board of County Commissioners nor of the City shall impair the rights of the County Clerk or the City hereunder without the consent of the other party to this Agreement. E. TIME OF THE ESSENCE: Time is of the essence of this Agreement. The statutory time requirements of the Code shall apply to the completion of the tasks required by this Agreement except as those time requirements are specifically modified in this Agreement as a result of the provisions in the City Charter. F. GOOD FAITH: The parties shall implemem this Agreement in good faith including acting in good faith in all matters that require joint or coordinated action. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST: By: ~'~ ~'~ Clerk to the Board ATTEST: APPROVED AS TO FORM: By: Ci[3' Atto~p~s Office PUEBLO COUNTY, COLORADO Chait:, Board of County ///~ Commissioners ~/ CITY OF PUEBLO, By: ~ President of the City Council APPROVED AS TO CONTENT: By: Pueblo County Clerk and By: Pat Rosales-Chavez~ Assistant County Attorney Pueblo County Attorney's Office U:\CR~K~LPPRC City Election 5-20-03.DOC