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HomeMy WebLinkAbout11073RESOLUTION NO. 11073 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 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 August 13, 2007, attached hereto, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Intergovernmental 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 August 13, 2007 ATTESTED BY APPROVED: ESID NTof City Council CITY CLERK Randy Thurston Councilperson Res. 110 3 Malkin I mm I L - j Background Paper for Proposed RESOLUTION DATE: AUGUST 13, 2007 DEPARTMENT: CITY CLERK'S OFFICE GINA DUTCHER, CMC TITLE AGENDA ITEM # 3 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO RELATING TO ELECTION SERVICES ISSUE Should the City Council enter into an Agreement with Pueblo County to perform the functions required in the administration of the November 6, 2007 General Municipal Election, to be conducted as an Coordinated Election? Approval of the Resolution. On July 9, 2007 City Council passed and approved Ordinance 7617 directing that the November 6, 2007 General Municipal Election be Conducted as Part of a Coordinated Election with Pueblo County. Pursuant to §1 -1- 111(2), C.R.S., the City may contract with the County Clerk and Recorder of the County in which the political subdivision is organized to perform all or part of the required duties in conducting the election. It has been determined by the City Clerk that it is in the best interest of the City to enter into an Intergovernmental Agreement with Pueblo County to conduct the 2007 General Municipal Election. Pursuant to §1 -7- 116(2), C.R.S., the Intergovern mental Agreement outlines the cooperation between the allocation of the responsibilities between the City and the County in the conduct of the election as well as the financing of the election FINANCIAL IMPACT Compensation to Pueblo County will be made for the actual costs associated with conducting the General Municipal Election on behalf of the City. Funds for this election have been allocated in the City Clerk's 2007 Budget. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this 13 day of August, 2007, 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 C.R.S. § 29 -1 -203, 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. 7617, dated July 9, 2007, 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 6, 2007, as a coordinated election and mail ballot 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 6, 2007, as a "coordinated election" and "mail ballot election" as such terms are defined in the Code, and pursuant to C.R.S. § 1 -7 -116, 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 certain types of ballot issues that may 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 overlap ( "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 6, 2007, 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: I. GENERAL MATTERS: A. Purnose: 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 financing of the November 6, 2007 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. II. 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, if any, 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 he 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 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 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 the November 6, 2007 election. G. Mail to each active registered elector eligible to vote in the City's 11 -6 -07 municipal election, at the last mailing address appearing in the County Clerk's records, a mail ballot packet, as required by law. 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 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. 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. K. Keep a careful, accurate, and contemporaneous accounting of expenses, time, supplies, and salaries chargeable to the City including: 1. 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 postage and materials directly attributable to the City for the preparation and conduct of the coordinated mail ballot election. 2. Charging the City for the cost of services and materials provided by Sequoia Voting Systems, Inc. directly attributable to conducting the coordinated election on behalf of the City. O. Adhere to all applicable provisions of the Code, which are necessary or appropriate to the performance of the above duties. III. 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 and documents concerning City ballot issues in the manner required by the Code. Such materials shall include but not be limited to: Two summaries, up to five hundred (500) words each, one (1) for and one (1) 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. 2. 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 I Notice. The last day for City residents to submit pro /con comments pertaining to local ballot issues is September 21, 2007. City shall summarize and deliver written comments to the Clerk and Recorder by September 25, 2007. 3. A completed Amendment 1 Notice shall be provided to the County Clerk in camera -ready form by City by September 25, 2007. 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). 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, on or before September 7, 2007; review and proofread the final ballot, and provide to the County in the same manner set forth, within the time required by law. D. Review, proofread and confirm the layout, format, and text of the official ballots before the County Clerk authorizes the printing of the ballots. E. Pay to the County Clerk the City's share of the actual cost of materials and services directly attributable to the City's participation in the mail ballot coordinated election, 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 of 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 of the County Clerk, which are directly attributable to conducting the coordinated election on behalf of City. 0 Actual costs for a complete alphabetical listing of electors, in electronic format. Actual costs for alphabetical listing by precinct. 4. Actual costs for election preparation, set -up and tabulation and processing charge. Actual costs of preparation and publication of all notices required by the Election Code. 6. Actual cost of preparing and printing the ballots. 7. Actual costs for all mailings. Any other cost or expense shall be as mutually agreed to between the City and the County Clerk. F. 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. TERMITERMINATION: This Agreement is intended to apply to the November 6, 2007, 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, 2007, provided, however, that the County Clerk's record retention obligations and the City's financial obligations hereunder 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. 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 ate 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 ". iTI 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 and in completion of all duties agreed upon. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST: Aw Mw M T am ITS :a: PUEBLO COUNTY, COLORADO By: CJ% — Chair, Board of County Commissioners ATTEST: By: APPROVED AS TO FORM: CITY OF PUEBLO, A MUNICIPAL CORPORATION By: Presidolt of thejUity Council APPROVED AS TO CONTENT: By: Pueblo County Clerk and corder By: 7�.��9d ✓�() G County Attorney's Office U CR K 2007 City Election