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HomeMy WebLinkAbout08810 ORDINANCE NO. 8810 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO THE JANUARY 27, 2015 SPECIAL MUNICIPAL RECALL ELECTION FOR CITY COUNCIL DISTRICT 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation, and the County of Pueblo, on behalf of the County Clerk and Recorder dated December 8, 2014, 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. Due to the time constraints associated with the upcoming January 27, 2015 election, good cause exists for the passage of this Ordinance as an emergency ordinance pursuant to Section 3-20 of the City Charter. SECTION 4. Upon the recommendation of the Board of Elections, the January 27, 2015 Special Municipal Recall Election shall be conducted as mail ballot election pursuant to Section 5-3-1 of the Pueblo Municipal Code. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall become effective immediately upon final passage. INTRODUCED: December 8, 2014 BY: Ed Brown PASSED AND APPROVED: December 8, 2014 City Clerk’s Office Item # S-2_ Background Paper for Proposed EMERGENCY ORDINANCE COUNCIL MEETING DATE: December 8, 2014 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Office of the City Clerk FROM: Gina Dutcher, City Clerk Daniel Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO THE JANUARY 27, 2015 SPECIAL MUNICIPAL RECALL ELECTION FOR CITY COUNCIL DISTRICT 1 SUMMARY: The Ordinance approves an Intergovernmental Agreement with Pueblo County, on behalf of the Clerk and Recorder, to provide specific services as described in the IGA in assisting the City with the special municipal recall election for City Council District 1 for the administration of the January 27, 2015 Special Municipal Recall Election for City Council District 1. PREVIOUS COUNCIL ACTION: Because the City does not have facilities and equipment required to perform the functions required in the administration of elections, the City has approved an IGA for Election Services each time a Special Municipal Election has been conducted when the Election is not a part of a Coordinated Election. BACKGROUND The City is a home-rule city charged with the responsibility of providing for and governing the conduct of all its municipal elections pursuant to Articles 2, 3, 17, 18 and 19 of its Charter and Article XX of the Colorado Constitution. The Colorado Constitution Article XIV, Section 18 (2)(a), and C.R.S. § 29-1-203, as amended, authorize the City Clerk and the County Clerk 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 for the conduct of elections. The City Council has called a Special Municipal Recall Election to be held on Tuesday, January 27, 2015. Because of time restrictions to conduct this election, this Ordinance is being presented as an Emergency Ordinance per Section 3-20 of the City Charter. The City shall be responsible for the conduct of this Election and the County Clerk shall provide only the specific services described in this Agreement and shall have no duties or obligations beyond those specifically contained herein. FINANCIAL IMPLICATIONS The County Clerk shall 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 specific tasks for the Election, charging the City for building rental, both for set-up and service center polling place(s); and charging the City for materials directly attributable to the City for the services provided to the City for the recall election. Based on the average formula of $2.25 per voter, it is estimated to cost $32,000 - $35,000 for approximately 14,200 registered voters in Council District 1 ($31,950). BOARD/COMMISSION RECOMMENDATION: The Board of Elections and the City Clerk have determined that it is in the best interest of the City to conduct this recall election as a mail ballot election and recommend it be conducted in accordance with Title 1, C.R.S., to the extent there is no conflict with the City Charter or City Code. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION Approval of the Emergency Ordinance Attachments: Copy of the Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into and is effective this 8th day of December, 2014, 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" (both City and County Clerk hereinafter referred to collectively as "Parties" and each as "Party"). WITNESSED: 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 and equipment to assist the City in performing the functions required in the administration of those elections; 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, the City has called a special municipal recall election to be held on Tuesday, January 27, 2015 ("Election") and has determined that it is in the best interests of the City to conduct its recall election as a mail ballot election; and WHEREAS, the County Clerk and the City have determined that it is in the best interests of the County and the City to cooperate and contract concerning the Election on January 27, 2015, upon the terms and conditions contained herein; and WHEREAS, the City is responsible for the conduct of this Election and the County Clerk shall provide only the specific services described in this Agreement and shall have no duties or obligations beyond those specifically 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 specific services to be completed by the County Clerk in assisting the City with its special municipal recall election for City Council District 1. B. City will conduct the Election as a mail ballot election in accordance with Title 1, C.R.S., to the extent there is no conflict with the City Charter or City Code. C. The parties acknowledge that all matters not specifically addressed in this Agreement, including all interpretations of the City Charter, City Code, and all other law, shall be and remain the sole responsibility of, and are to be exclusively handled by,the City. D. The City Clerk shall serve as the designated election official for this election, to the extent such position is required under the City Charter or law, and shall be the contact person for purpose of communication between the City and County Clerk. The County Clerk shall have no rights or duties beyond those assigned under this Agreement. II. SERVICES OF THE COUNTY CLERK: The County Clerk shall perform only the following services for the City in connection with the conduct of the Election: A. Provide the final layout of the mail ballots to the City in order to permit the City to review and proofread and authorize printing. Within twenty-four (24) hours of receipt of ballots from County Clerk, but preferably sooner, the City shall return the ballots following review and proofreading, and provide authorization to print. B. Send to the City a list of electors in District 1, a list of those electors in District 1 who voted in the last City election, and a list of those electors who did not vote in the last City election. C. Send a list or lists prepared by the City to the vendor, arrange for printing, and have printed, all mail ballots and provisional ballots, and arrange for official published notice of the election. D. Provide the City with a draft training book for judges and assist the City with training watchers and judges under supervision of the City Clerk. E. Assist the City in performing a logic and accuracy test on voting equipment. F. Assist the City in preparing provisional ballots for electors who failed to register 29 days or more prior to the Election, including those electors who did not vote in the last City election and also failed to reregister 29 days or more before the Election. G. Assist the City in segregating all provisional ballots submitted by those voters who failed to register or reregister 29 days or more before the Election. The County Clerk shall place all such ballots in a container and location made available to City Clerk. The County Clerk shall not open, count, or disturb in any way those ballots unless instructed to do so by the City. 2 H. Receive and count all ballots, other than those described in Section II.F., using equipment and staff at Pueblo County's Election Department. The County Clerk, under supervision of the City Clerk, shall conduct the counting of ballots, signature verification, signature resolution, and the post-election audit pursuant to Title 1 of the Colorado Revised Statutes and the Secretary of State's Election Rules unless this Agreement or a subsequent written notice from the City would require otherwise. I. Assist the City in planning for and setting up one or more VSPC and up to four mail ballot drop-off locations. J. The County Clerk and his staff are not permitted to communicate with the public in regard to the conduct of the recall election or to allow any inspection of voting equipment or facilities by members of the public without the City's permission. The County Clerk shall direct all questions regarding the conduct of the election to the City. The County Clerk shall not attempt to respond to any such questions without first consulting the City. The City shall be responsible for responding to any and all requests for records made in regard to the conduct of the recall election. The County Clerk shall not provide legal advice to the City. K. All duties set forth in Section II shall be conducted under the supervision of the City. L. Where there is reasonable uncertainty as to whether certain tasks are within the scope of this Agreement, the County Clerk shall not be required to perform those tasks. III. DUTIES OF THE CITY: A. City will conduct the Election as a mail ballot election in accordance with Title 1, C.R.S., to the extent there is no conflict with the City Charter or City Code. B. The City shall enter into an agreement with an appropriate vendor to provide voting options under UACOVA and for emergency voting situations. The City shall inform the County Clerk of all pertinent terms of such agreement and shall instruct by written notice any actions it requests the County Clerk to conduct. C. The City shall open one or more VSPC locations for early voting eight (8) days prior to election day. D. Within twenty-four (24) hours of the closing of the polls on election day, the City shall determine whether to instruct the County Clerk to count the provisional ballots voted by electors who failed to register or properly reregister within twenty-nine (29) days of the election. The City shall not, at any point, instruct the County Clerk to stop accepting provisional ballots from those electors who failed to register or properly reregister within twenty-nine (29) days of the election. 3 E. Unless otherwise noted in Section II, all duties necessary to conduct the Election shall be performed by the City. F. The City shall be solely liable in the event the conduct of the Election does not conform with law. The County Clerk shall not be responsible for ensuring that the election is conducted pursuant to law. IV. ELECTION COSTS: A. The County Clerk shall keep a careful, accurate, and contemporaneous accounting of time, supplies, and salaries chargeable to the City including, but not limited to: 1. Charging the City for that portion of staff time, including salary and benefits, directly attributable to conducting specific tasks for the Election; 2. Charging the City for building rental, both for set-up and service center polling place(s); 3. Charging the City for materials directly attributable to the City for the services provided to the City for the recall election. B. The City agrees to pay for all costs attributable to the conduct of the Election, including attorney fees and costs necessary to defend the County in any litigation arising out of the Election, within thirty (30) days from the date of receipt of invoice from the County. C. The City represents that funds have been appropriated for this Election and are sufficient to compensate the County Clerk for the services described in this Agreement. V. TERM/TERMINATION: This Agreement is intended to apply to the January 25, 2015 Election. The effective date of this Agreement is December 8, 2014 and this Agreement shall automatically terminate on March 1, 2015. VI. OTHER: A. The City shall not cancel 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 the Election shall be provided by, and be the sole responsibility of, the City. This Agreement shall be construed and enforced according to the laws of 4 the State of Colorado. No alterations, amendments, changes or modifications to this Agreement, except those which are expressly reserved herein to the County Clerk, shall be valid unless they are contained in writing and executed by all the Parties with the same formality as this Agreement. 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 affect 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 Clerk and Recorder Attention: Gilbert Ortiz Pueblo County Courthouse 215 West 10th Street Pueblo, CO 81003 719-583-6520 And City of Pueblo Attention: Gina Dutcher, City Clerk 200 S. Main Street (Courtroom 2) Pueblo, CO 81003 719-553-2669 D. TIME OF THE ESSENCE: Time is of the essence of this Agreement. The statutory time requirements of Title 1 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 or City Code. E. 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. F. LIABILITY OF THE COUNTY: The Parties recognize that the County Clerk shall provide only specific services to the City and that the City is solely responsible for the conduct of the Election, including compliance with all applicable laws. To the extent permitted by law, the City agrees to indemnify and hold the County and its agents harmless from any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of any claim by any person, persons, or entities as a result of the conduct of the Election. 5 G. STATUS OF PARTIES: The Parties will perform their duties under this Agreement independent from each other. Neither Party, nor any employee, officer, or agent thereof, will be considered to be an agent or employee of the other Party for any purpose whatsoever. All personnel assigned by County Clerk to provide services under the Agreement shall be and remain at all times employees of Pueblo County or employees of their respective employers for all purposes. H. NO THIRD PARTY BENEFICIARY: Enforcement of the terms of the Agreement and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the City or County Clerk receiving services or benefits pursuant to the Agreement is an incidental beneficiary only. I. AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS: This Agreement, including the exhibits attached hereto (each of which is specifically incorporated herein), is intended as the complete integration of all understandings between the Parties. No prior contemporaneous or subsequent addition, deletion, or other amendment hereto shall have any force or effect unless embodied herein in writing and executed in the same manner as this Agreement. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other Agreement properly executed by the Parties. No oral representation by either party at variance with the terms and conditions of this Agreement or any written amendment to this Agreement shall have any force or effect or bind the Parties. Amendments to this Agreement will become effective when approved by both Parties and executed in the same manner as this Agreement. This Agreement and any amendments shall be binding upon the Parties, their successors and assigns. J. LEGAL AUTHORITY: The Parties assure that they possess the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement do hereby warrant that he/she or they have been fully authorized to execute this Agreement and to validly and legally bind their principals to all the terms, performances and provisions herein set forth. Each Party shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement, if there is a bona fide dispute as to the legal authority of any person signing the Agreement to enter into this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. 6 ATTEST: PUEBLO COUNTY, COLORADO By: „), 4.i.'jp ,,46:2: / By: .-ih� - o the Board ' airma oard of C ty Commissioners Date: January 5, 2015 ATTEST: CITY OF PUEBLO, A MUN .1 ;,.' 0 ION BY. u % By: .` _ , - 3 rest•ent of the City Council Date: December 8, 2014 APPROVED AS TO FORM: APPROVED AS TO CONTENT: By: ,. � -c• -<_7 -§-! By: ' --: �_lbw City Attorney's Office Pueblo County lerk and Recs s Date: /a, 2 • 1 J Date: January 5, 2015 /if/ By: t w Pu s to County A torney's Office Date: / /4•d/2O/f 7