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HomeMy WebLinkAbout2018 Ordinance No. 014ORDINANCE NO . 14 SERIES OF 2018 BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, ALLOWING ARAPAHOE COUNTY TO ASSIST IN CONDUCTING A SPECIAL ELECTION ON SEPTEMBER 18, 2018. WHEREAS, On July 16, 2018, the City Council passed a Resolution establishing September 18, 2018 as the date for a Special Election for the voters of City Council District 3 to determine whether Laurett Barrentine shall be recalled from the office of City Council Member representing District 3; WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors for Arapahoe County to assist in conducting a special election for the City of Englewood on September 18, 2018; WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the carrying out the Special Election within an Intergovernmental Agreement; WHEREAS, an Intergovernmental Agreement must be adopted by ordinance; and WHEREAS, the parties agree that the adopting ordinance shall further authorize the election official for the City of Englewood to execute this Agreement, and carry out the terms of this Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The "Intergovernmental Agreement between Arapahoe County Clerk and Recorder and City of Englewood Arapahoe County to assist in conducting a Special Election on September 18, 2018" including its Attachment A-Cost Estimate, is attached hereto as "Exhibit A". Section 2. The Intergovernmental Agreement for Special Election assistance is hereby accepted and approved by the Englewood City Council. Section 3. The City's designated election official shall be the City Clerk, who is hereby authorized to sign said Agreement for and on behalf of the City of Englewood, and take such actions as are necessary to fulfill the terms of the Agreement. Introduced, read in full, and passed on first reading on the 16th day of July, 2018. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19th day of July, 2018. Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of July, 2018. Read by Title and passed on final reading on the 6th day of August, 2018. Published by Title in the City's official newspaper as Ordinance No 14, Series of 2018, on the 9th day of August, 2018. Published by title on the City's official website beginning on the 8th day of August, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. ~ uaoison, Mayor ATTEST: I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 14, Series of 2018. 2 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder (hereinafter referred to as the "County" or "Arapahoe County'' and City of Englewood (hereinafter referred to as the "City" or "City of Englewood") {hereinafter collectively referred to as the "Parties"); and WHEREAS, the City of Englewood is conducting a mail ballot municipal recall election on September 18, 2018 pursuant to Colorado Revised Statutes Article 31, Titles 4 and 9, and the City of Englewood Home Rule Charter. The recall election is belng supervised and conducted by the City of Englewood and the designated election official will be the Englewood City Clerk; and WHEREAS, the City of Englewood has requested Arapahoe County to provide specific services and assistance during its recall election; and WHEREAS, Arapahoe County has agreed to provide the specific election services requested as outlined below but is not otherwise conducting, participating in or ensuring the overall conduct of the City's recall election; and WHEREAS, pursuant to Colorado Constitution, Article XIV, Section 18 and C.R .S. § 29-1-203, Arapahoe County and the City of Englewood have the legal authority to contract with each other to provide any function, service, or facility lawfully authorized to each, and any such contract may provide for the payment of costs, or other matters, for the purposes stated hereinafter. NOW, THEREFORE, for and in consideration of the mutual promises, performances, payments, and other thlngs of value given, and under authority of C.R.S. § 29-1-203, the Parties hereto agree as follows: SECTION I. PURPOSE AND GENERAL MATTERS 1.01 The purpose of this Intergovernmental Agreement is to define the relationship between Arapahoe County and the City of Englewood concerning the specific services to be provided by Arapahoe County for the City's mail ballot recall election to be held on September 18, 2018. 1.02 The parties agree that Arapahoe County will not conduct, supervise or oversee the recall election, which will be conducted by the City of Englewood directly, with the City Clerk as the designated election official. SECTION II . SCOPE OF SERVICES AND OBLIGATIONS 2.01 ARAPAHOE COUNTY SERVICES. The County shall provide the following services : Page l A. Upon receipt of request, but no later than August 19, 2018 (30 days prior to the election), the County will send to the City via secure FTP transfer a certified list of registered voters eligible to vote in the recall election. No later than August 29, 2018 (20 days prior to the election), the County will send to the City a supplemental list of the names of eligible electors who registered to vote on or before twenty-two days before the election whose names were not included on the preliminary list. B. Upon receipt of the certified ballot content and return envelope self-affirmation language from the City in electronic format, the County will provide the text layout of the official ballot and return envelope using the City's certified content. The County will provide an electronic proof of the ballot and return envelope to the City's designated election official via email for written approval prior to final production. C. Conduct a logic and accuracy test on or before September 6, 2018 to verify the accuracy of the electronic vote tabulation equipment. A logic and accuracy test is a test of all tabulation equipment to test ballots by processing a pre-audited group of ballots to ensure the accuracy of the tabulation system and equipment. D. Contract with a vendor to print and send mail ballot packets to every active registered voter eligible to vote in the City's recall election. The mail ballot packet means the packet of Information provided by the City's designated election official to eligible electors in the election. The packet shall contain the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope. E. Mail ballot packets will be mailed to all active registered overseas and military voters who are eligible to vote in the recall election on August 4, 2018 and to all other active registered voters who are eligible to vote In the recall election no sooner than August 27, 2018 and no later than September 3, 2018. F. Provide additional mail ballot packets to the City to be made available at the Englewood Clerk's Office for eligible electors who request a ballot. G. Provide empty ballot storage containers, numbered seals, tabletop voting booths, set of 24-hour box keys, and "I Voted" stickers . a. The 24-hour box keys will be for the ballot return box located at Englewood Civic Center, 1000 Englewood Pkwy., Englewood, CO 80110. H. Upon receipt of the ballots from the City on September 18, 2018, conduct and oversee the process to open, scan, and tabulate ballots, including providing the necessary equipment, adequately trained personnel, and secure facility to accomplish this task. I. Provide to the City on or about September 18, 2018, the unofficial election results and reports at the conclusion of the tabulatfon of all ballots. J. Conduct a recount of the ballots cast if requested by the City for any reason. The cost of the recount will be an additional charge to the City. K. Official results will be provided on or about September 26, 2018 and all ballots and election materials will be returned to the City's designated election official. Page2 L. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County's assistance and services provided for the recall election. M. Submit to the City an itemized invoice for all expenses incurred under this Intergovernmental Agreement. 2.02 CITY OF ENGLEWOOD OBLIGATIONS. The City agrees to the following obligations: A. Determine the title and text of the ballot content and return envelope self-affirmation language. B. Submit the City's certified ballot content, verbatim, as it should appear on the ballot and return envelope to the County. Submit the ballot and return envelope content via email to chenage@arapahoegov.com on or before July 20, 2018. Format the ballot and return envelope content in a Microsoft Word document in plain text; do not include bold, italic, underline, bullets, tables, strikethrough or indentation. C. Within one business day of receipt from the County, the City will proofread the layout and the text of the official ballot and provide written notice of acceptance to the County via email to chenage@araoahoegov.com. D. Upon receipt of a returned ballot, determine if the ballot qualifies and is otherwise valid to be counted and tabulated. Conduct verification of signatures for each qualified ballot. E. On September 18, 2018, deliver to the Arapahoe County Election Warehouse, 5251 S. Federal Blvd., Littleton, CO 80123, the initial batch of returned and qualified mail ballot envelopes for opening, scanning and tabulating. On September 26, 2018, deliver to the Arapahoe County Election Warehouse the final batch of returned mail ballot envelopes that are qualified to be counted and tabulated as part of the recall election results. F. Respond to all correspondence and calls for any matters pertaining to the County's services to be provided concerning the City's recall election. G. Notify the County whether a recount is required or desired. The City shall reimburse the County for the full cost of the recount. H. Remit to the County the total payment for the all election services and expenses provided under this Intergovernmental Agreement within sixty (60) days from the date of receipt of an invoice from the County. SECTION Ill. TERMINATION OF SERVICES 3.01 In the event that the City resolves not to hold the recall election, notice of such resolution shall be provided to the County immediately. The City shall be liable for the full actual costs of the activities Page 3 of and services provided by the County relating to the election incurred before receipt of such notice and activities of the County relating to cancelling the election after the receipt of such notice. 3.02 Arapahoe County and the City of Englewood shall each have the right to terminate this Intergovernmental Agreement at any time and for any reason, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof, provided however that the City shall be liable for the full actual costs of the activities of and services provided by the County relating to the election incurred before issuance of a termination notice. SECTION IV. MISCELLANEOUS 4.01 NOTICES. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing: To County: To Jurisdiction: 4.02 LIMITATION OF LIABILITY. Todd Davidson Arapahoe County Clerk and Recorder's Office Elections Division 5334 S. Prince St. Littleton, Colorado 80120 Fax: (303) 734-5346 Email: tdavidson@arapahoegov.com Stephanie Carlile City of Englewood City Clerk 1000 Englewood Parkway Englewood, CO 80110 Fax: 303-783-6896 Email: scarllle@englewoodco.gov The City agrees to waive any rights it maintains against Arapahoe County and its officials, agents and employees and to release Arapahoe County and its officials, agents and employees from any and all liability, claims, demands or actions or causes of action whatsoever that it now has or may hereinafter have arising out of, resulting from, or relating to the services provided pursuant to this Intergovernmental Agreement. In no event shall Arapahoe County be liable to the City, or any other person, for any consequential, incidental, direct, Indirect, recall and/or punitive damages or any other damages arising out of this Intergovernmental Agreement or in any way relating to the services provided. Page4 4.03 TERM OF AGREEMENT. This Intergovernmental Agreement shall commence upon execution and shall continue until all services and obligations set forth concerning the City of Englewood's recall election have been satisfied and concluded. 4.04 AMENDMENT. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement. 4.05 INTEGRATION. The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 4.06 TIME OF ESSENCE. Time is of the essence for this Agreement. Failure to comply with the terms of this Agreement and/or the deadlines in Attachment B may result in termination of this Agreement. 4.07 GOOD FAITH. The parties shall implement this Agreement in good faith, including acting in good faith in all matters. 4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT. The Parties understand and agree that the County, its commissioners, officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the "CGIA"), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or the City. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the City and the County agree that they will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. 4.09 NO THIRD PARTY BENEFICIARIES. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the City, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. Pages 4.10 GOVERNING LAW: JURISDICTION AND VENUE. Unless otherwise agreed In writing, this Agreement and the lnterpretatlon thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this Intergovernmental Agreement shall lie in the District Court in and for the County of Arapahoe, State of Colorado. 4.11 SEVERABILITV. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. 4.12 ATTACHMENTS. The following attachments are incorporated herein by this reference. Attachment A -Cost Estimate Attachment B -Election Deadlines END OF PAGE Page 6 rapahoe County Matt Crane Date Clerk and Recorder ~, Date Page7 ARAPAHOE COUNTY CLERK AND RECORDER ATTACHMENT A· COST ESTIMATE City of Englewood RECALL ELECTION Jurisdiction's Share of Total Election Costs Based On: Total Jurisdiction Active Registered Voters Election Expenses Incurred for2018 Special Election Mail ballot processing computers/laptops Ballotsecurity teams fleet vehicle rental costs Ballot processing location rental fees & utilities Communications/network Ballot processing set up support (technical, equipment) Travel to Ballot Vendor for ballot inspection UOCAVA email vendor/ballot processing Total Other costs attributable to AdminNSPC's/Mail Ballot Processin Total 5,300 Total Cost $ 250.00 $ $ $ $ $ $ $ $ 250.00 Total Cost $ $ $ 15.00 $ $ $ $ $ $ 15.00 Total Cost $ 1,800.00 $ 200.00 Outgoin g/return envelopes and secrecy sleeves $ 4,600 .00 Voter instructions $ 450.00 Provisional ballot affidavits and envelopes $ - UOCAVA envelopes $ - Ballot insertion and mailing fees $ 1,300.00 Ballot tracking aoolication Total $ 8,350.00 Postage Total Cost Mail ballots -initial mailing $ 2,500.00 Daily/supplemental ballot mailing $ - Cure/rejection letters $ - 8 Day letter $ - Mailing ballots to other counties $ - Undeliverable ballots $ - TABOR Notice Postage $ - Total $ 2,500.00 Election Notices Total Cost Statutory Notice of Election $ - Ballot issue notice (TABOR) -printing & production $ - Total $ - ' --· - Total Election Expense $ 11,115.00