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HomeMy WebLinkAbout10200RESOLUTION NO. 10200 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY RELATING TO ELECTION SERVICES FOR THE 2004 SPECIAL MUNICIPAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement by and between the City of Pueblo and Pueblo County on behalf of the Clerk and Recorder of Pueblo County, a true copy of which is attached thereto, having been approved as to form by the City Attorney, is hereby approved. .qFr.T101\1 9 The President of the City Council is authorized to execute and deliver said Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED Auaust 23. 2004 0. N S =111 --- I WaNkAn mm . Ll I .v.f Background Paper for Proposed RESOLUTION DATE: AUGUST 23, 2004 DEPARTMENT: Gina Dutcher, CMC CITY CLERK'S OFFICE TITLE /&o. -4 L l d 2.60 AGENDA ITEM A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY RELATING TO ELECTION SERVICES FOR THE 2004 SPECIAL MUNICIPAL ELECTION ISSUE Should the City Council enter into an Agreement with Pueblo County to perform the functions required in the Administration of the 2004 Special Municipal Election? RECOMMENDATION Approval of the Resolution BACKGROUND It has been determined by the City Council that it is in the best interest of the City and its residents to participate in and conduct the 2004 Special Municipal Election as a Coordinated Election. On June 14, 2004, City Council passed and approved Ordinance No. 7149 directing that the November 2, 2004 Special Municipal Election be conducted as part of a Coordinated Election. Pursuant to §1 -7- 116(2), C.R.S., the agreement outlines the cooperation between and the allocation of the responsibilities between the City and the County in the conduct and financing of the election. FINANCIAL IMPACT Compensation to the County will be made on a prorated basis for the actual costs associated with conducting the coordinated election on behalf of the City. Cost for the last General Municipal Election (2003) was $31,155.00. Funding for this purpose is appropriated in the City Clerk's 2004 Budget. AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of August , 2004, 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 Articles 2, 3, 17, 18, and 19 of its Charter and Article XX of the Colorado Constitution; and WHEREAS, the County Clerk has the facilities to perform the functions required in the administration of those elections and is authorized to conduct elections as provided by law; and WHEREAS, Colorado Constitution Article XIV, Section 18 (2)(a), and §29 -1 -203, C.R.S., as amended, authorize the County Clerk and the City to cooperate or contract with each other to provide any function, service, or facility lawfully authorized to each, and any such contract may provide for the sharing of costs; and WHEREAS, by Ordinance No. 7149 > dated June 14, 2004 , of the City of Pueblo, the City has determined that it is in the best interests of the City and its residents to participate in and conduct its election to be held on November 2, 2004, as a coordinated election in accordance with the procedures and requirements of the Uniform Election Code of 1992 ( "Code "), except to the extent same conflict with a specific provision of the Charter; and WHEREAS, the City has determined that it is in the best interests of the City to conduct its election, to be held on November 2, 2004, as a "coordinated election" as such term is defined in the Code, and pursuant to §1 -7 -116, C.R.S., the Code requires entry into and performance of intergovernmental agreements where political subdivisions and the county clerk and recorder cooperate in the conduct and financing of the election; and WHEREAS, the Constitution of Colorado, Article X, Section 20, requires the production of a mailed Notice ( "TABOR Notice ") concerning ballot issues that will be submitted to the electors of the City; and WHEREAS, the TABOR Notices of several jurisdictions are to be sent as a package where jurisdictions overlapped ( "TABOR Notice Package "); and WHEREAS, the need to produce the TABOR Notice Package requires that there be County-wide coordination of the production and mailing of the TABOR Notice Package to effectuate the purposes of said constitutional section; and WHEREAS, the County Clerk and Recorder of Pueblo County and the City desire to set forth their respective responsibilities in the production and mailing of the TABOR Notice Package for elections conducted pursuant to this intergovernmental Agreement; and WHEREAS, the County Clerk and the City have determined that it is in the best interests of the County, the City, and their respective inhabitants and landowners to cooperate and contract concerning the coordinated election on November 2, 2004, upon the terms and conditions contained herein. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: L 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 November 2, 2004 election. B. Coordinated Election Official and Other Election Personnel: Except as otherwise provided in this Section, the County Clerk shall act as the Coordinated Election Official for the conduct of the election for the City for all matters in the Code which require action by the Coordinated Election Official, except to the extent such action must be performed by the City Clerk or City's Board of Elections pursuant to Charter requirements and except as otherwise provided in this Agreement. 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 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. H. DUTIES OF THE COUNTY CLERK: The County Clerk shall perform the following duties for the City in connection with the conduct of the coordinated election: A. Determine the "least cost" method for mailing the TABOR Notice Package. B. Combine the text of the TABOR Notice produced by the City with those of other jurisdictions to produce the TABOR Notice Package. The County Clerk may determine the order of the TABOR Notice submitted by the City and those of other jurisdictions to be included in the TABOR Notice Package, provided, however, that the materials supplied by the City shall be kept together as a group and in the order supplied by the City. C. Address the TABOR Notice package to "all registered voters" at each address of one or more active registered electors of the City. Nothing herein shall preclude the County Clerk from sending the TABOR Notice or Notice Package to persons other than electors of the City if such sending arises from the County Clerk's efforts to mail the TABOR Notice Package at "least cost ". D. Mail the TABOR Notice Package, as required by the Code. E. 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. Within twenty four (24) hours of receipt of ballots from County Clerk, the City shall return the ballots following review and proofreading. F. 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 to be printed for each polling place. G. Appoint, train, pay and, as required by law, provide written materials to a sufficient number of qualified election judges to adequately serve the number of electors anticipated to vote at the Coordinated Election. The election judges for the City election may be the same persons as are employed for elections held by other jurisdictions on the same day and at the same polling places. H. Conduct such formal training sessions for the Judges of Election as deemed reasonably necessary by the County Clerk. I. Perform all services necessary for absentee and early voting in the City's coordinated election, including preparing of absentee ballots and absentee voter materials, and receiving and processing of applications for absentee ballots, mailing absentee materials, receipt of absentee materials, checking voter qualifications, and preparation for counting, opening, and conduct of the early voter's polling place and preparation of early voter ballots for counting. J. Provide polling places, polling place supplies, voting equipment, and all required election notices at the polling place. Oversee the performance of the election judges with respect to their posting duties of required sample ballot, instruction cards, precinct maps, and other interior polling place postings as may be required by law. K. Conduct and oversee, in coordination with the City's Board of Elections, the process of counting the ballots and reporting the results. L. Certify the results of the City's election within the time required by law and forthwith provide the City with a copy of all election statements and certificates which are to be created under the Code and provide City with election abstracts and official certifications in such number as the City may reasonably require. M. Store all voted ballots for a minimum of six (6) months and all signature cards of electors who cast ballots at the election for a minimum of twenty -five (25) months, and all other materials required by law to be saved for twenty-five (25) months in such a manner that they may be accessed by the City, if necessary, in connection with or to resolve any challenge, suit, or other legal question that might arise regarding the election. N Keep a careful, accurate, and contemporaneous accounting of time, supplies, and salaries chargeable to the City including: Charging the City for that portion of staff time, including salary and benefits, directly attributable to conducting the coordinated election on behalf of the City and that portion of building rental, both for set -up and polling places, and materials directly attributable to the City for the preparation and conduct of the coordinated election. 2. Charging the City for the cost of election and supply judges, provided, however, that such cost shall be prorated by multiplying the number of judges for a given polling place and dividing the result by the number of jurisdictions utilizing each polling place. Adhere to all applicable provisions of the Code which are necessary or appropriate to the performance of the above duties. M. DUTIES OF THE CITY: In consideration of the foregoing, the City agrees to perform the following tasks and activities: A. Provide the County Clerk all TABOR Notices concerning City ballot issues in the manner required by the Code on or before September 21, 2004, by 4:30 p.m. Such Amendment 1 Notice shall include: 1. The election date, hours, ballot title, text, and local election office address and telephone number. 2. For proposed City tax or bonded debt increases, the estimated or actual total of City fiscal year spending for the current year and each of the past four years and the overall percentage and dollar change. 3. For the first full fiscal year of each proposed City tax increase, City estimates of the maximum dollar amount of each increase and of district fiscal year spending without the increase. 4. For proposed City bonded debt, its principal amount and maximum annual and total district repayment cost and the principal balance of total current City bonded debt and its maximum annual and remaining total City repayment cost. 5. Two summaries, up to 500 words each, one for and one against any ballot proposal, of written comments filed with the Contact Officer. The summary shall neither mention names of persons or private groups nor make any endorsements of or resolutions against the proposal. Petition representatives following these rules shall write this summary for their petition. The Contact Officer shall maintain and accurately summarize all other relevant written comments. 6. Summarize written comments concerning ballot issues following receipt of such comments received from the Contact Officer and the public as necessary for use in the Amendment 1 Notice. A completed Amendment 1 Notice shall be provided to the County Clerk in camera -ready form. Regardless of the total number of pages, the submission to the County Clerk shall be on one side of each page. This submission, shall be in the form that shall be printed by the County Clerk and may not be changed by the City following submission to the County Clerk without special written dispensation from the County Clerk (such dispensation may be withheld for any or no reason), and shall be provided to the County Clerk on or before September 21, 2004 B. Perform such acts as may be required by law or the City Charter, including circulation, approval, review, and all other activities, relating to any matter that may concern the City. The Contact Officer shall interact with any City petition representatives, including but not limited to, working to ensure that the Contact Officer or Coordinated Election Official receives the summary of written comments for their petition within the time required by law. C. Certify the complete ballot content to the County Clerk prior to the 55 day before the election, review and proofread the final ballot, and provide to the County in the same manner set forth. D. Review and proofread the layout, format, and text of the absentee and official ballots before the County Clerk authorizes the printing of the ballots. E. Accept the established election polling places as the official polling places for the City's November 2, 2004, election. F. Pay to the County Clerk the City's share of the actual cost materials and services specified in items 1 -9 of this Paragraph F upon receipt of the itemized statement for same. (The City agrees to compensate the County Clerk on a prorated basis for costs not solely related to the City's election, and to pay full cost materials and services solely related to the City's election) Actual costs of services, materials, and mileage associated with the conduct of the election. Actual costs include, but are not limited to, the costs of labor, printing, and materials itemized, identified, and consumed for the conduct of the City's election. The actual cost of labor includes the actual hourly wage and all associated benefits paid to each staff member, which are directly attributable to conducting the coordinated election on behalf of City. 2. Actual costs for a complete alphabetical listing of electors Actual costs for alphabetical listing by precinct 4. Actual costs for election preparation, set -up and tabulation and processing charge 5. Actual costs of building rental for set -up activities and polling places Actual costs for election and supply judges Actual costs of preparation and publication of all notices required by the Election Code Actual cost of preparing and printing the ballots 9. Actual costs for all mailings 10. Any other cost or expense shall be as mutually agreed to between the City and the County Clerk. Such agreement shall be in writing and signed by both parties in compliance with Paragraph V. (B) herein. G. The City and its Contact Officer shall cooperate with the Coordinated Election Official in the conduct of all dates and responsibilities of the Coordinated Election Official in the conduct of the election. IV. TERM/TERMINATION: This Agreement is intended to apply to the November 2, 2004, 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, 2004, provided, however, that the County Clerk's record retention obligations provided in Paragraph U.M. shall survive termination. V. 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 election, then notice of such resolution shall 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, as defined in the Code, of such cancellation in at least two (2) newspapers of general circulation in Pueblo County. 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. The City shall not cancel the election after the 25th day prior to the election. 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 amendment to this Agreement, shall be provided by, and be the sole responsibility of, the City. 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 owners, principals, or 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 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 be 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. C. 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 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 Code or other statutory or regulatory law, this Agreement shall be modified to conform to such law. 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 except as provided by Paragraph V. herein. 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 implement 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 Cler the Board PUEBLO COUNTY, COLORADO By: C' WijV, Board of ount Commissioners ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION By: By: Presiders f the City Council APPROVED AS TO FORM: APPROVED AS TO CONTENT: By: City Attorney's O ice BIn': & ,' . ( q 4, Pueblo County Att&rneo Office B Pueb o ounty Clerk an&9ecoi4Vr U:ICRIK\LPVAL 2004 CITYELECTION.DOC