HomeMy WebLinkAbout09670ORDINANCE NO. 9670
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COUNTY OF PUEBLO, A
POLITICAL SUBDIVISION OF THE STATE OF COLORADO,
RELATING TO THE MAY 5, 2020 SPECIAL MUNICIPAL
ELECTION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Election Services Agreement (“Intergovernmental Agreement”) between the City of
Pueblo, a Municipal Corporation, and the County of Pueblo, a political subdivision of the State of
Colorado, dated February 24, 2020, attached hereto, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 2.
The Mayor 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.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Ordinance and the attached Intergovernmental Agreement to implement the
policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 10, 2020.
Final adoption of Ordinance by City Council on February 24, 2020.
President of City Council
Action by the Mayor:
☒ Approved on February 25, 2020 .
☐ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐ Council did not act to override the Mayor's veto.
☐ Ordinance re-adopted on a vote of , on
☐ Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-8_
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: February 10, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Office of the City Clerk
FROM: Brenda Armijo, City Clerk
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF
COLORADO, RELATING TO THE MAY 5, 2020 SPECIAL MUNICIPAL
ELECTION
SUMMARY:
The Ordinance approves an Intergovernmental Agreement (“IGA”) with Pueblo County to
perform the functions required in the Administration of the May 5, 2020 Special Municipal
Election to be conducted as a Coordinated Election.
PREVIOUS COUNCIL ACTION:
Pursuant to §1-1-111(2), C.R.S., the City may contract with the Pueblo County Clerk and
Recorder to perform all or part of the required duties in conducting a municipal election. The
City Council has approved IGA’s for election services each year the City has participated in a
Coordinated Election with the County.
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. §1-7-116 C.R.S. requires entry into and performance
of an intergovernmental agreement where political subdivisions and the county clerk and
recorder cooperate in the conduct and financing of the election. The attached IGA outlines the
allocation of the responsibilities between the City and the County in the conduct of the May 5,
2020 special municipal election.
FINANCIAL IMPLICATIONS
The City shall 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 Coordinated Election. The cost is
estimated to be between $90,000 and $95,000. Funding for the costs associated with
conducting the May 5, 2020 Special Municipal Election have been allocated in the City Clerk’s
2020 Departmental Budget.
BOARD/COMMISSION RECOMMENDATION:
It has been determined by the Board of Elections, that it is in the best interest of the City and its
residents to participate in and conduct its May 5, 2020 special municipal election as a
coordinated election and mail ballot election in accordance with the procedures and requirement
of the Uniform Election Code of 1992, except to the extend same conflict with a specific
provision of the City Charter.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
City Council could decide to conduct the May 5, 2020 special municipal election without the
assistance of the Pueblo County Clerk. However, as a practical matter, the City Clerk’s Office
lacks the personnel and resources to do so.
RECOMMENDATION
Approval of the Ordinance
Attachments: Proposed Ordinance and proposed Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of February, 2020, between
Pueblo County, a political subdivision of the State of Colorado, 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, the City has determined that it is in the best interests of the City and its
residents to participate in and conduct its special municipal election to be held on May 5, 2020, 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 of the City; and
WHEREAS, the City has determined that it is in the best interests of the City to conduct
its special municipal election, to be held on May 5, 2020, as a "coordinated election" and "mail
ballot election" as such term is 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 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 May 5, 2020 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 special municipal
election on May 5, 2020.
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 Brenda Armijo, City Clerk, as its "Designated Election
Official" 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 May
5, 2020 election.
C. The County Clerk shall conduct the coordinated election on May 5, 2020 in
conformity with the Code. The City shall provide explicit written instruction to the
County Clerk regarding any action City determines the County Clerk must perform
that is required by the City Charter and which conflicts with the Code. With respect
to the special municipal election, the Parties agree that the County Clerk's role is
to assist the City with operational, technical and logistical support, but that the
City's Designated Election Official shall be responsible for all legally significant
decisions and interpretations.
D. The parties acknowledge that for the purposes of the coordinated election on May
5, 2020, regardless of any registration requirements in the City Charter or City
Code, the County Clerk will decide who is eligible to receive ballots pursuant to
C.R.S. §1-2-101.
E. The parties acknowledge that all interpretations of the City Charter and City Code
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 and the special municipal on May 5, 2020 to the extent
required:
A. Provide the final layout of the mail ballots 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 the
County Clerk, the City shall return the ballots following review and proofreading.
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B. Arrange for the printing, and have printed, all mail ballots and official ballots. In
consultation with the Designated Election Official, the County Clerk will order the
number of ballots reasonably expected to be required to be printed for each service
center polling place(s).
C. Mail to all active registered electors eligible to vote in the City's May 5, 2020
coordinated election at the last mailing address appearing in the County Clerk's
records, a mail ballot packet, as required by law.
D. 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 May 5, 2020 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 service center polling place(s).
E. Conduct such formal training sessions for the election judges as deemed reasonably
necessary by the County Clerk.
F. Perform all services necessary for mail ballot in the City's coordinated election,
including preparing of mail ballots and mail ballot voter materials, and receiving
and processing of applications for mail ballots, mailing mail ballot materials,
receipt of mail ballot materials, checking voter qualifications, and preparation for
counting, opening, and conduct of the service center polling place(s).
G. Oversee the performance of the election judges with respect to their posting duties
of required sample ballot, instruction cards, precinct maps, and other interior
service center polling place(s) postings as may be required by law.
H. 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.
I. Store all voted ballots for a minimum of twenty-five (25) 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.
J. Facilitate special accommodations for all military and overseas citizens as provided
by the Uniformed and Overseas Citizens Absentee Voting Act.
K. Conduct a recount of any contest where the final ballot tabulation results are close
enough to require a recount or if requested by an interested party.
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III. ELECTION COSTS:
A. County Clerk shall keep a careful, accurate, and contemporaneous accounting of
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 building rental, both for set-up and
service center polling place(s),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 mail ballot judges, provided,
however, that such cost shall be prorated by multiplying the number of
judges and dividing the result by the number of jurisdictions utilizing each
service center polling place(s).
3. The cost of any recount(s) directly attributable to the City.
B. Adhere to all applicable provisions of the Code which are necessary or appropriate
to the performance of the above duties.
IV. DUTIES OF THE CITY:
In consideration of the foregoing, the City agrees to perform the following tasks and
activities to the extent required:
A. Certify the complete ballot content to the County Clerk, on or before March 6,
2020; review and proofread the final ballot, and provide to the County in the same
manner set forth, within the time required by law and provide the ballot content in
hard copy and in Microsoft Word format.
B. Review, proofread and confirm the layout, format, and text of the official ballots
within twenty-four (24) hours of receipt before the County Clerk authorizes the
printing of the ballots.
C. Pay to the County Clerk the City's share of the actual cost of materials and services
specified in items 1-10 of this Section, Paragraph B, 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). 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.
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
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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, 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 building rental for set-up activities and service center polling
place(s).
6. Actual costs for election and mail ballot judges.
7. Actual costs of preparation and publication of all notices required by the
Election Code.
8. 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 Section VI., Paragraph B. herein.
D. Within the time frames established by C.R.S. § 1-10-201,the City shall appoint two
(2) members to serve on the Canvass Board. County Clerk shall be a member of
the Canvass Board, as well as two (2) appointees of any other political subdivision
that is participating in the election.
E. Provide a current, accurate map with a legal description of the City and its
boundaries.
F. The City and its Designated Election Official 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.
G. The City shall notify County Clerk in writing regarding actions City requests
County Clerk to undertake when provisions of the City Code or Charter conflict
with the Uniform Election Code.
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H. The City shall be solely liable in the event the conduct of the coordinated election
does not conform with the City Charter or City Code.
V. TERM/TERMINATION:
This Agreement is intended to apply to the May 5, 2020 special municipal 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 June
30,2020,provided,however,that the County Clerk's record retention obligations provided
in Section II., Paragraph I., shall survive termination.
VI. 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 cancellation 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 of cancellation. 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 City Clerk shall post notice of the cancellation on the official
bulletin board located in the lobby of City Hall, #1 City Hall Place, Pueblo, CO
81003.
B. This Agreement constitutes the entire agreement between the parties and
supersedes all prior and contemporaneous agreements, representations, 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
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 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
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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 Election Division
720 N. Main Street, Suite 200
Pueblo, CO 81003
719-583-6620
and
City of Pueblo
Attention: Brenda Armijo, City Clerk
#1 City Hall Place
Pueblo, CO 81003
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 or 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 Section 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 and fair dealing in all
matters that require joint or coordinated action.
IN WITNESS WHEREOF,the parties hereto have entered into this Agreement effective the
day and year first written above.
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ATTEST: PUEBLO COUNTY, COLORADO
By: -- 34. r.` gLif
By:
C • to e Boar. — Chairman, Board of County Commissioners
Date: (2/115*
ATTEST: CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By:\" cC.AALVBy: �/ rgeSO4.40;
City Clerk icholas A. Gradisar
Mayor
Date: a?bazs-a20.2b
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ed'
By: �. l-� o✓41� By: , Ami �
City Attorney's Office 7Gilbert Ortiz
Pueblo County Clerk and Recorder
Date: — a S " a 0 Date:
r
By: v
Pueblo County Atto ey's Office
Date: /-30- Z v
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