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HomeMy WebLinkAbout08202 ORDINANCE NO. 8202 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO RELATING TO ELECTION SERVICES FOR THE AUGUST 10, 2010 SPECIAL MUNICIPAL FRANCHISE ELECTION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement for Election Services between the City of Pueblo and the County of Pueblo, dated May 10, 2010, 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. SECTION 3. This Ordinance shall take effect immediately upon final passage and approval INTRODUCED: May 10, 2010 BY: Chris Kaufman /COUNCILPERSON PASSED AND APPROVED: May 24, 2010 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-4 May 10, 2010 DEPARTMENT: CITY CLERK’S OFFICE GINA DUTCHER, CITY CLERK TITLE AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO RELATING TO ELECTION SERVICES FOR THE AUGUST 10, 2010 SPECIAL MUNICIPAL FRANCHISE ELECTION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council enter into an Intergovernmental Agreement with Pueblo County to perform the functions required administration of the August 10, 2010 Special Municipal Franchise Election, to be conducted as a Coordinated Election? The County Clerk shall act as the Coordinated Election Official for the conduct of the Special Municipal Franchise Election for the City for all required 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. RECOMMENDATION Approval of the Ordinance. BACKGROUND 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 and the Board of Elections that it is in the best interest of the City to enter into an Intergovernmental Agreement with Pueblo County to conduct the Special Municipal Franchise Election on the question whether an electric franchise should be granted to Black Hills/Colorado Electric Utility Company L.P. (“Black Hills”). FINANCIAL IMPACT Although the City will be responsible for payment to the County for the City’s share of the actual costs associated with conducting the Special Municipal Franchise Election, the costs of conducting the coordinated election incurred by the County must be paid in full by Black Hills. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this 24th day of May 2010, 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, 16, 17, 18, and 19 of its City "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. 8201 , dated May 24 , 2010, of the City of Pueblo, the City has agreed to participate in and conduct its Special Municipal Franchise Election to be held on August 10, 2010, 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, C.R.S. § 1 -7 -116 of the Code requires intergovernmental agreements when political subdivisions and the county clerk and recorder cooperate in the conduct and financing of the election; 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 which includes a Primary Election on August 10, 2010, 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. 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 financing of the August 10, 2010, Coordinated 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. 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. B. 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 August 10, 2010, Coordinated Election. C. Mail to all active registered electors eligible to vote in the City's August 10, 2010, Special Franchise Election, at the last mailing address appearing in the County Clerk's records, a mail ballot packet, as required by law. D. Conduct and oversee, the process of counting the ballots and reporting the results. E. 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. F. 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. G. 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., and materials provided by Pro Vote Solutions directly attributable to conducting the coordinated election on behalf of the City. H. 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. 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. B. Certify the complete ballot content to the County Clerk, on or before June 11, 2010; review and proofread the final ballot, and provide to the County in the same manner set forth, within the time required by law. C. Review, proofread and confirm the layout, format, and text of the official ballots before the County Clerk authorizes the printing of the ballots. D. 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) 1. 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. 2. Actual costs for a complete alphabetical listing of electors, in electronic format. 3. Actual costs for alphabetical listing by precinct. 4. Actual costs for election preparation, set -up and tabulation and processing charge. 5. 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. 8. Actual costs for all electors deemed eligible to vote only on the City's Special Municipal Franchise Election. 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. TERM /TERMINATION: This Agreement is intended to apply to the August 10, 2010, Primary Election, which is also a Coordinated 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 September 30, 2010, 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 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: 719 -583 -6520 and City of Pueblo Attn: City Clerk #1 City Hall Place Pueblo, CO 81003 Phone: 719 -553 -2669 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: PUEBLO COUNTY, COLORADO By: S~� I By: C>il'egaCAAA)rx—• Clerk to the Board Chairman, Board of County Commissioners ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION By: ♦ '� By: ezi.9viC,u fz. (mil) City Clerk President of the City ouncil APP y OV ED AS TO FORM: APPROVED AS TO CONTENT: By: 0 By: � il��: City Att y's Office Pueblo County Clerk anrrorder, By: • 2Q County Attorney's Office