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HomeMy WebLinkAbout7692RESOLUTION NO. 7692 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO RELATING TO ELECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The Election Administration Contract between the City of Pueblo and the County of Pueblo dated August 28, 1995, attached hereto, is hereby approved. SECTION 2 The President of the City Council is authorized and directed to execute said Contract 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 28 , 1995 BY: John Califano Council member APPROVED. President of t e Council ATTEST: W LN.-M AGREEMENT THIS AGREEMENT is made and entered into this 28th day of August , 1995, 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 ". WITNES SETH: 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, pursuant to Colorado Constitution Article XIV, Section 18 (2)(a), and §29 -1 -203, C.R.S., as amended, the County Clerk and the City may 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, the imposition of taxes, and the incurring of debt; and WHEREAS, by Ordinance No. 6001 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 7, 1995, as a coordinated election in accordance with the procedures and requirements of the Uniform Election Code of 1992 ( "92 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 7, 1995, as a "coordinated election" as such term is defined in the Uniform Election Code of 1992, as amended (the "Code "), and the Code, pursuant to §1-7-116, C.R.S., contemplates 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 7, 1995, 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 finance of the November 7, 1995, election. B. Designated Election Officialand Other Election Personnel: Except as otherwise provided in this Section, the County Clerk shall act as the Designated Election Official for the conduct of the election for the City for all matters in the Code which require action by the Designated 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 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. The City shall return the ballots following review and proofreading within twenty -four hours of receipt of ballot from the County Clerk. No changes to the ballots may be made without the express written approval of the County Clerk. 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, provide written materials to as required by law, train, and pay 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. 1. Perform all services necessary for absentee and early voting in the City's coordinated election, including, but not limited to, preparation of absentee ballots, absentee voter materials, receipt 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, and voting equipment. Make all required election notice postings at the polling place. Oversee the election judges in the performance 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 City's Board of Elections, the process of counting the ballots and reporting the results. L. Provide computer services in conjunction with the Pueblo County Department of Information and Computer Services to accomplish pre - election set -up, programming, testing, election night processing and support, ballot tabulation and result displays, and election abstracts and official certifications for City in such number as City may reasonably require. M. 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. N. Store all voted ballots for a minimum of 6 months and all signature cards of electors who cast ballots at the election for a minimum of 25 months, and all other materials required by law to be saved for 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. O. 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. P. 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 concerning City ballot issues in the manner required by the Code on or before October 11, 1995. Such Amendment 1 Notice shall include: 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. Two summaries, up to 500 words each, one for and one against any ballot proposal, of written comments filed with the Contact Officer by 30 days before the election. No summary shall mention names of persons or private groups nor 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. 7. Provide the City's completed Amendment 1 Notice 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 October 11, 1995. 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 Designated Election Official receives the summary of written comments for their petition within the time required by law. C. Certify the complete ballot content, including the elective City offices to be filled, to the County Clerk prior to the 55th day before the election, except that the City may provide the County Clerk the names of the candidates for City offices after the 55th day before the election, but the City shall provide the County Clerk the names of said candidates within two days of receipt by the City Clerk of all nominating papers comprising a petition, and all candidates' names must be submitted to the County Clerk by the 27th day before the election. Review and proofread the final ballot, as provided to the City under Section II.E. above. 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 7, 1995, election. F. Pay the City's share of the actual cost of services, building rental, materials, and mileage to the County Clerk upon receipt of the itemized statement for same. The City agrees to compensate the County Clerk on a prorated basis for the costs associated with the following materials, building rental, and services, where costs are not solely related to the City's election, and for the entire cost of the following materials, building rental, and services, where costs are solely related to the City's election upon receipt of an itemized statement for same: (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 which are directly attributable to conducting the coordinated election on behalf of City. (2) Actual costs for complete alphabetical listing of electors (3) Actual costs for alphabetical listing by precinct (4) Actual costs of Information and Computer Services Department services per election, including costs of: (a) Election Preparation/Set -Up (b) Election night tabulation and processing charge (5) Actual costs of building rental for set -up activities and polling places (6) Actual costs for election and supply judges (7) Actual costs of preparation and publication of all notices required by the Election Code (8) Actual cost of preparation and printing the ballots (9) Actual costs for mailing (10) Any other cost or expense shall be as mutually agreed to between the City and the County Clerk. G. The City and its Contact Officer shall cooperate with the Designated Election Official in the conduct of all dates and responsibilities of the Designated Election Official in the conduct of the election. IV. TERM/TERMINATION: This Agreement is intended to apply to the November 7, 1995, election. The effective date of this Agreement is the date and year first written above and it shall automatically terminate on December 31, 1995, provided, however, that the County Clerk's record retention obligations provided in Paragraph II.N. 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 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 6 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 -6630 and City of Pueblo Attn: City Clerk I 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, other statute, or the City Charter, this Agreement shall be modified to conform to such Charter provision or 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. 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. 7 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: PUEBLO COUNTY, COLORADO By: z-�- a . _ _ By: V'1 U � - � Clerk to the Board C(iairrhan\,1Board of Count Commissioners ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION By: AL President of the City Council APPROVED AS TO FORM: By: alf -11 �A--- City Attorney' f ice By: �- Pueblo County Attorney's Office APPROVED AS TO CONTENT: By: `v . Pueblo Clerk and Rec rde LHTY02.sAM T: \CR \K