HomeMy WebLinkAbout2016 Ordinance No. 030t
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ORDINANCE No.JO
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE COUNfY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD,
COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 8, 2016.
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections
in order to reduce taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in conducting
coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the
best interest of the taxpayers and the electors to conduct a Coordinated Election on November 8,
2016;and
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WHEREAS, the ordinance shall further authorize the presiding officer of the City or other
designated person to execute this Agreement; and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective
responsibilities for the Coordinated Election pursuant to the Intergovernmental 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 Regarding the Conduct and Administration of the November 8,
2016 General Election" is attached hereto as "Exhibit A". The Intergovernmental Agreement for
Coordinated Election is hereby accepted and approved by the Englewood City Council.
Section 2 . The Mayor is authorized to sign said Agreement for and on behalf of the City of
Englewood.
Introduced, read in full, and passed on first reading on the 1st day of August, 2016 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day of
August, 2016.
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Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of
August, 2016 for thirty (30) days.
Read by title and passed on final reading on the 15th day of August, 2016.
Published by title in the City's official newspaper as Ordinance No. 6D, Series of 2016, on
the 18th day of August, 2016 .
Published by title on the City's official website beginning o
August, 2016 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing ili,jl~e copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Series of 2016 .
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INTERGOVERNMENTAL AGREEMENT
BElWEEN
ARAPAHOE COUNTY CLERK AND RECORDER
AND
CITY OF ENGLEWOOD
REGARDING THE CONDUCT AND ADMINISTRATION OF THE
Arapahoe County Elections IGA
NOVEMBER 8, 2016
GENERAL ELECTION
PREPARED BY:
MATT CRANE
ARAPAHOE COUNTY CLERK AND RECORDER
5334 S. PRINCE STREET
LITTLETON, COLORADO 80120
303-795-4239
Pagel
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THIS 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") and City of Englewood (hereinafter referred to as the
"Jurisdiction") {hereinafter collectively referred to as the "Parties")i and
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate
elections in order to reduce taxpayer expenses; and
WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an
election on the same day in November and the eligible electors for each such election are the
same or the boundaries overlap, the County Clerk and Recorder is the coordinated election
official and, pursuant to section 1·5·401, C.R.S. shall conduct the elections on behalf of all
jurisdictions whose elections are part of the coordinated election ut1Uzing the mail ballot
procedures set forth in article 7.5 of title 1; and
WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S.
applies and ft is in the best interest of the taxpayers and the electors to enter into this
Agreement to conduct a Coordinated Election on November 8, 2016; and
WHEREAS, such agreements are authorized by State law.
NOW, THEREFORE, for and in consideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
This election shall be conducted as a Coordinated Election in accordance with the Uniform
Election Code of 1992 (Articles 1-13 of Title 1, C.R.S. ), The election participants will execute
agreements with Arapahoe County for this purpose and may Include municipalities, school
districts, and special districts within the Arapahoe County limits and the State of Colorado.
The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election
Official (hereinafter "CEO") and the Jurisdiction hereby identifies Loucrishia Ellis as its
Designated Election Official (hereafter "OEO).
FURTHER, the Parties agree as follows:
SECTION I.
PURPOSE AND GENERAL MATTERS
1.01 DEFINITIONS:
A. "Address Library Report" means the address report from the Secretary of State voter
registration system that defines street addresses and precincts within the
jurisdiction.
B. "Coordinated Election Official" (hereinafter "CEO") shall mean the County Clerk and
Recorder who shall act as the "coordinated election official," as defined within the
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Code and Rules and, as such, shall conduct the election for the Jurisdiction for all
matters in the Code and the Rules which require action by the CEO.
C. "Colorado Election Code" or "Code,. means any part of the Uniform Election Code of
1992, (Articles 1·13 of Title 1, C.R.S.) or any other Title of C.R.S governing
participating Jurisdiction's election matters, as well as the Colorado Constitution, and
the State of Colorado Secretary of State (SOS) Rules.
D. "Coordinated Election" means an election where more than one jurisdiction with
overlapping boundaries or the same electors holds an election on the same day and
the eligible electors are all registered electors, and the County Clerk is the
Coordinated Election Official for the jurisdictions.
E. "Contact Officer" means the individual who shall act as the primary liaison or contact
between the Jurisdiction and the County Clerk. The Contact Officer shall be that
person under the authority of the County Clerk who will have primary responsibility
for the coordination of the election for the Jurisdiction and the procedures to be
completed by the County Clerk hereunder.
F. "Designated Election Official" (hereinafter "DEO") means the individual who shall be
identified by the Jurisdiction to act as the primary liaison between the Jurisdiction
' and the Contact Officer and who will have primary responsibility for the conduct of
election procedures to be handled by the Jurisdiction hereunder. To the extent that
the Code requires that an Election Official of the Jurisdiction conduct a task, the DEO
shall conduct same.
-G. "IGA" or ••Agreement" means this Intergovernmental Agreement between the County
and the Jurisdiction for election coordination.
H. "Jurisdiction" means a political subdivision as defined in§ 1-7.5-116, C.R.S. and
referenced in the Code and, in this Agreement, Is Interpreted to refer to
[Coordinating Entity Name].
I. "Mail Ballot Packet" means the packet of information provided by the CEO to eligible
electors In the mail ballot election. The packet Includes the ballot, Instructions for
completing the ballot, a secrecy envelope, and a return envelope.§ 1-7.5-103(5),
C.R.S.
J. "Post Election Audit" means such audit as set forth substantially in the Colorado
Election Code.
K. "Precinct" means an area with established boundaries within a jurisdiction used to
establish election districts.
L. "Proposed Jurisdiction" means a jurisdiction which may be formed pursuant to this
election which is not yet identified by a tax authority code in the County Assessor
database. When the context of this Agreement so requires, a Proposed Jurisdiction
will simply be referred to as a Jurisdiction.
M. uses" means State of Colorado Secretary of State.
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N. "SOS Election Calendar" means the most recent election calendar as published on the
SOS website located at www.sos.state.co.us and attached hereto as Attachment 8
and incorporated herein by this reference.
1.02 JOINT RESPONSIBILITIES
A. All parties shall familiarize themselves with all statutory and regulatory requirements
impacting coordinated elections and TABOR notices if required.
B. Nothing herein shall be deemed or construed to relieve the CEO or the Jurisdiction
from their official responsibilities for the conduct of the election as generally set
forth in the Colorado Election Code.
C. All parties shall adhere to all applicable provisions of the Colorado Election Code
which are necessary or appropriate to the performance of the below duties, as well
as to the time guidelines schedule as attached hereto as these relate to the election.
D. All parties shall enforce all provisions of the Fair Campaign Practices Act as they may
apply to the conduct of the election.
1.03 JURISDICTIONAL LIMITATION
A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall
be construed to apply only to that portion of the Jurisdiction within Arapahoe County.
B. Where the Jurisdiction Is entirely contained within Arapahoe County, the CEO has
authority in setting ballot order and number. When the Jurlsdtctlon is split among
more than one county, the Jurisdiction agrees to coordinate with the CEO prior to
agreeing upon ballot order or numbering.
SECTION II.
COUNTY/ JURISDICTION RESPONSIBILITIES
The County and the Jurisdiction shall each perform their respective duties and/ or functions
within the context of this Agreement:
2.01 THE COUNTY SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID
ELECTION:
A. Give assistance and Information to the DEO of the Jurisdiction on any matter related
to elections to ensure the smooth and efficient operation of the election. Such
Information shall not include legal advice.
B. Designate a Contact Officer with the specific duty of assisting with the election of the
Jurisdiction. Such oversight shall not preclude such Contact Officer from assisting
with the elections of other jurisdictions or from performance of other tasks as
delegated by the CEO.
C. Adhere to all applicable provisions of the Colorado Election Code that are necessary or
appropriate to the performance of its duties.
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D. Use the Address Library Report and any documents provided regarding annexation,
Inclusion and or exclusion, to identify eligible electors within the Jurisdiction.
a. Provide the Jurisdiction with an Address Library Report and link to a digital
boundary map which defines Jurisdictional boundaries in terms of residential
street ranges based on County Assessor data.
b. County will verify errors, omissions, and/or corrections Identified by the
Jurisdiction against County Assessor data, and where appropriate, modify
street ranges to accurately define the eligible electors within the Jurisdiction.
E. Make available a certified list of registered voters upon request.
F. Deliver a proposed election plan to the Secretary of State no later than 90 days prior
to the Election.
G. Contract for Mail Ballot Packets with a vendor acceptable to the CEO and remit
payment directly to the vendor.
H. Lay out the text of the official ballots in a format that complies with the Code. (See
also Section 1.03 (B) herein).
I. Provide ballot printing layouts and text for proof reading and signature approval by the
Jurisdiction prior to final ballot printing.
J. Mail the ballot packets as required by the Code.
K. Appoint, instruct, oversee, and administer the payment of the judges of the election.
L. Prepare and run the required Logic and Accuracy test deck, along with a test deck
completed by the Jurisdiction.
M. If applicable, provide daily business day pick-up of the sealed ballot container(s)
containing voted ballots from all assigned locations. Provide replacement sealed
empty ballot container(s).
N. Publish and post the required legal notices pursuant to§ 1-5-205(1) and§ 1-7.5-
107(2.S)(a)(I), C.R.S. Notice shall be published for the Jurisdiction's ballot issues,
ballot questions, and/or candidates on or before the deadline as set forth within
Attachment B.
0. CEO will refer members of the public and press to the DEO regarding speciffc questions
about candidates or ballot questions.
P. Provide the necessary electronic voting tabulation equipment, personnel properly
trained in electronic tabulating equipment, programming of the vote tabulating
equipment, and the facility to conduct the ballot tabulation.
Q. Establish and maintain mail ballot drop-off locations and designate and operate Voter
Service and Polling Centers as required by and in conformance with the Colorado
Election Code.
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R. Maintain a list of names and precinct numbers of eligible electors together with the
date on which the mail ballot was sent and the date on which the mail ballot was
returned or cast.
S. Conduct and oversee the process of counting the ballots and reporting the results by
Jurisdiction.
T. Conduct a recount of the ballots where the final ballot tabulation results are close
enough to require a recount by law, or ff not required by statute, upon the request of
the Jurisdiction, for any reason. In either scenario, the cost of the recount will be
charged to the Jurisdiction. If more than one Jurisdiction ts Involved In the recount,
the cost will be pro-rated among the participating Jurisdictions equally.
U. Provide unofficial results of the election on election night by electronic transmittal
upon request.
V. In conjunction with the Jurisdiction, prepare and run the required Post Election Audit
before certifying election results.
W. Conduct a canvass of the votes and certify the results of the Jurisdiction's election
within the time required by law and forthwith provide the Jurisdiction with a copy of
atl election statements und ceitiffcates which are·to be created under the C~d=.
X. Submit to the Jurisdiction an itemized invoice for all expenses incurred under this
Agreement. Within sixty (60) days from the date of receipt of such invoice, the
Jurisdi ct Ion shall remit to the County the total payment.
Y. Keep a careful and accurate accounting of time, supplies, printing costs and salaries
attributable to the County's administration of the election for the Jurisdiction. The
Jurisdiction's proportional share of actual costs shall be based on County
expenditures relative to the election.
Z. Store all election records as required by the Code In such a manner that they may be
accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal
questions that might arise regarding the election.
2.02 THE JURISDICTION SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID
ELECTION AND TABOR NOTICE (IF REQUIRED):
A. DEO shall familiarize themselves with all statutory and regulatory requirements
Impacting the Jurisdiction.
B. Identify a OEO to act as liaison between the Jurisdiction and the CEO.
C. Identify immediately to CEO if Jurisdiction Is shared by any additional county.
Procedures will be followed as per SOS Rule 4.2 to determine controlling county for
purpose of setting up shared races, issues, and questions in coordinated elections.
(See Section 1.03 (B) herein).
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D. The Jurisdiction confirms that it has sufficient funds available and appropriated in its
approved budget to pay its prorated election expenses for this Coordinated Election.
See Attachment A.
E. The IGA must be returned to the CEO with all signatures executed on or before the
deadline as set forth within Attachment B in order to enter into an intergovernmental
agreement, per the Code.
F. Use the Address Library Report and map provided by the County to identify eligible
electors within the Jurisdiction. In order for the CEO to provide correct ballots to
electors, the information contained in the Address Library Report must be accurate.
If the street list information and/or certification are not provided by the date
specified in Attachment B, the Jurisdiction may not participate in this Coordinated
Election.
G. Identify any errors, omissions, and/or corrections to the street ranges used to define
Jurisdictional boundaries in writing eighty (80) days prior to Election Day.
H. Provide CEO certification of the accuracy of the Address Library Report including any
changes, additions, or deletions to be made to the street ranges and return with
signed IGA on or before the deadline as set forth wit hf n Attachment B.
I. To the extent applicable, a Proposed Jurisdiction, not already identified by a tax
authority code in the County Assessor's records, will provide the CEO's office with a
certified legal description, map, and a street list, identifying the street ranges for all
streets within the Proposed Jurisdiction on or before eighty (80) days prior to Election
Day. In the event residential addresses are not available, the Proposed Jurisdiction
agrees to provide a list of the land parcel numbers that are within the boundaries of
the Proposed Jurisdiction.
J. Provide the CEO certification of any annexations, Inclusions, and/or exclusions to the
Jurisdiction, including all supporting documents, on or before eighty (80) days prior to
Election Day.
K. For petitions filed with the DEO per§ 1-4-907, C.R.S., review and verify all petition
Information and verify the information against the registration records, and, where
applicable, the county assessor's records as per§ 1-4-908, C.R.S. After review, the
DEO shall notify the candidate of the number of valid signatures and whether the
petition appears to be sufficient or insufficient. Upon determining that the petition
is sufficient and after the time for protest has passed, the DEO shall certify the
candidate to the ballot and, If the election is a Coordinated Election, so notify the
CEO.
L. Jurisdiction is strongly encouraged to write initiatives in plain, non-technical language,
worded with simplicity and clarity in compliance with all statutory requirements as
per S 1-40-105(1), C.R.S.
M. Respond to inquiries as follows: The CEO shall respond to all correspondence and calls
within its expertise relating to election procedures. The DEO shall refer
correspondence and calls relating to election procedures, and which are outside of
the DEO's expertise, to the Contact Officer for response. The CEO and Contact
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Officer shall refer correspondence and calls concerning the substance of the ballot
Issues or the operations of the Jurisdiction to the DEO or a person designated by the
Jurisdiction to respond to correspondence and calls, which person the DEO shall
Identify and designate at least forty-five (45) days prior to the election. The DEO
and/ or the person so designated by the DEO shall respond to correspondence and
calls within a reasonable time after being notified of the same by the CEO.
N. Determine the ballot title and text. Certify, If applicable, the candidate, the list of
ballot Issues and/or ballot questions electronically (with receipt confirmed by the
County Election Department) In a plain text format on or before the deadline as set
forth within Attachment B. The ballot content must be certified In the order In which
It will appear on the ballot. The certified list of candidates (order determined by lot
drawing, or if applicable, city/town charter), ballot Issues, and/or ballot questions
shall be final and the CEO will not be responsible for making any changes after the
certification, except those prescribed by statute. The CEO will not accept text that
includes, but Is not limited to, bold, ttalfc, underline, bullets, tables, strikethrough or
indentations. All caps are reserved for TABOR issues only per the Code. ·
a. The Jurisdiction shall def end and resolve at its sole expense all challenges
relative to the candidates, ballot Issues and/or ballot questions as certified to
the County for inclusion on the ballot.
O. Jurisdiction ts to provide the phonetic pronunciation of each candidate's name to
assist with the preparation of the audio ballot at the time ballot content Is certified
to the County. This Information shall be left in a voice message recording at (303)
734-5365 and shall Include the candidate name, jurisdiction and title of office.
Candidate Information must be provided by the date specified In Attachment B.
P. Jurisdiction must Indicate whether questton(s) are a referred measure or an Initiative
from a citizen petition. The Jurisdiction understands and agrees that any ballot
content submitted to the CEO after the ballot content has been certified, may result
In its candidates, issues, or questions not being on the ballot for the election.
Q. Within one business day of receipt, proofread the layout and the text of the
Jurisdiction's portion of the official ballots and TABOR notice (if applicable) and
provide written notice (electronic format) of acceptance before the printing of the
ballots and TABOR notice (if applicable).
R. Prepare, hand-count, and deliver to the CEO, the required test deck of ballots for
testing the electronic vote counting equipment by the date specified.
S. For elections where owning property in the Jurisdiction is a requirement for voting in
the election, utilize the online inquiry terminal to access the State of Colorado and
Arapahoe County voter registration records to confirm voter registration and verify
"property ownership" Information.
T. Provide the CEO with an initial and supplemental certified list of "property owners" (if
applicable) eligible to vote in the election, as determined by the Jurisdiction, who:
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a. Own property within the Jurisdiction, appear on the State of Colorado list of
registered voters, reside at an address as shown, that is not within the
boundaries of Arapahoe County ("Out of County" property owners); or,
b. Own property within the Jurisdiction, appear on the Arapahoe County list of
registered voters, reside at an address that may not match the property
address as shown on the County Assessor's list, but fs within the boundaries of
Arapahoe County ("In County11 property owners}.
c. The lists shall be submitted as an electronic copy. The electronic copy shall be
submitted to the CEO using Microsoft Excel format. The spreadsheet shall
contain no more than one (1) eligible elector's name per line. Each line shall
consist of the following separated fields: eligible elector's voter identification
number (if applicable), last name, first name, middle name, mailing address,
city, state, zip, parcel number, phone number, if available, and Arapahoe
County precinct number, if applicable.
U. Publish and post any required legal notices for the Jurisdiction's candidates, ballot
issues and/or ballot questions, other than the notice required by§ 1-5-205, C.R.S. A
copy of such published legal notice shall be submitted to the County for its records.
V. Nodfy the CEO within twenty-four hours of the completion of the final ballot
tabulation whether a recount is required or desired. The Jurisdiction shall reimburse
the County for the full cost of the recount. If other Jurisdictions are included in the
recount the cast of the recount will be pro-rated among the participating
Jurisdictions as per§ 1-10.5-101, C.R.S.
W. Within sixty (60) days from the date of receipt of an invoice relating to the
Jurisdiction's prorated share of costs for the printing and mailing of ballots, TABOR
Notice (if required}, and all other election expenses, the Jurisdiction shall remit to
the County the total payment.
X. Pay any additional or unique election costs resulting from Jurisdiction delays and/or
special preparations or cancellations relating to the Jurisdiction's participation in the
Coordinated Election.
2.03 TABOR
A. If the election includes a ballot question and/or issue governed by Colorado
Constitution, Article X, Section 20, ("TABOR"), the County shall perform the following
tasks in relation to the TABOR Notice:
a. Certify the complete number of registered electors and/or household addresses
with one or more active registered voters, within the Arapahoe County portion of
the Jurisdiction in accordance with the dates in Attachment B.
b. Determine the "least cost" method for mailing the TABOR Notice package.
Nothing herein shall preclude the County from sending the TABOR Notice or
Notice package to persons other than electors of the Jurisdiction if such
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transmittal arises from the County's efforts to matl the TABOR Notice package at
the "least cost."
c. Include the text, and provide a proof as written and In the order submitted, In
accordance with the TABOR requirements for the TABOR Notice. Coordinate and
mail the TABOR Notice package In the time frame as required by law.
d. Keep a careful and accurate accounting of time, supplies, printing costs and
salaries attributable to the County's TABOR Notice services for the Jurisdiction.
The Jurisdiction's proportional share of actual costs shall be based on the
County's total expenditures relative to the TABOR Notice.
B. If the election Includes a ballot question and/or Issue governed by Colorado
Constitution, Article X, Section 20, ("TABOR"), the Jurisdiction shall perform the
following tasks in relation to the TABOR Notice:
a. Publish all required legal notices for the Jurisdiction's ballot questions/ballot
issues, other than the notice that is required by§ 1 ·5-205, C.R.S. that is published
no later than 10 days before the election, which covers all pertinent information
required by statute. A copy of such published legal notice shall be submitted to
the County for its records.
b. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13
of Title 1, C.R.S.), and the time guidelines schedule, as these relate to the
election in the Jurisdiction, unless superseded by other legal authority.
c. Receive petition representative's written summary of comments relating to
ballot Issues/ballot questions.
d. The Jurisdiction shall certify a final and exact text and summary of comments
concerning its ballot issues and/or ballot questions, along with the required
fiscal information to the County, on portable data storage device or email (with
receipt confirmed by the Election Department) in Microsoft Word and with a
paper copy, within one business day of receipt, for Inclusion In the TABOR
Notice mailing as required by Section 20 of Article X of the Colorado
Constitution. The process of receiving written comments relating to ballot
issues/ballot questions and summarizing such comments, as required by Section
20 of Article X of the Colorado Constitution, Is the sole responsibility of the
Jurlsdi ction. The certified text, summary of comments and fiscal information
shall be final and the County wtll not be responsible for making any changes
after the certification.
e. The Jurisdiction shall defend and resolve, at its sole expense, all challenges
relative to the TABOR Notices certified to the County for Inclusion In the
TABOR Notice package for its election.
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SECTION 111.
CANCELLATION OF ELECTIONS
3.01 CANCELLATION OF ELECTION BY THE JURISDICTION.
A. In the event that the Jurisdiction resolves not to hold the election, then notice of such
resolution shall be provided to the CEO immediately. The Jurisdiction shall be liable
for the full actual costs of the activities of the CEO relating to the election incurred
both before and after the CEO's receipt of such notice. The Jurisdiction shall provide
and post notice by publication as defined in the Code. In the event that the
Jurisdiction resolves not to hold the election after the last day for the DEO to certify
the ballot order and content to the CEO (see Attachment B), the text provided by the
Jurisdiction cannot be removed from the ballot and/or the Ballot Issue notice (TABOR
Notice).
SECTION IV.
MISCELLANEOUS
4.01 NOTICES.
A. Any and all notices requf red 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 TERM OF AGREEMENT.
Matt Crane
Arapahoe County Clerk and Recorder
Elections Department
5334 S. Prince St.
Littleton, Colorado 80120
Fax: (303) 794-4625
mcrane@arapahoegov.com
Loucrlshia Ellis
City Clerk
Cf ty of Englewood
1000 Englewood Parkway
Englewood, CO 80110
Email: lellis@englewoodgov.org
A. The term of this Agreement shall continue until all statutory requirements concerning
the conduct of the election and the creation, printing, and distribution of the TABOR
Notice, if needed, are fulfilled.
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4.03 AMENDMENT,
A. This Agreement may be amended only in writing, and following the same formality as
the execution of the initial Agreement.
4.04 INTEGRATION.
A. 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.
4.05 CONFLICT OF AGREEMENT WITH LAW, IMPAIRMENT.
A. In the event that any provision In this Agreement conflicts with the Code or other
statute, this Agreement shall be modified to conform to such law . No resolution of
either party to this Agreement shall Impair the rights of the CEO or the Jurisdiction
hereunder without the consent of the other party to this Agreement.
4.06 TIME OF ESSENCE.
A. Tl i 11e is of the essence f o; this-Agreement. The time rn-=iuirements of the Code shall
apply to completion of the tasks required by this Agreement. Failure to comply with
the terms of this Agreement and/or the deadlines In Attachment B or the Code may
result In consequences up to and including termination of this Agreement.
4.07 GOOD FAITH.
A. The parties shall Implement this Agreement In good faith, including acting in good
f alth in all matters that require joint or general action.
4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT.
A. The Parties hereto 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 11CGIA"), §§ 24-10-101 to 120, C.R.S., or otherwise available to the
County or the Jurisdiction. To the extent the CGIA imposes varying obligations or
contains different waivers for cities and counties, both the Jurisdiction 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.
A. 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
Jurisdiction, 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.
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4.10 GOVERNING LAW: JURISDICTION AND VENUE
A. Unless otherwise agreed in writing, this Agreement and the interpretation thereof
shall be governed by the laws of the State of Colorado. Venue for any and all legal
actions arising under this IGA shall lie in the District Court in and for the County of
Arapahoe, State of Colorado.
4.11 SEVERABILITY
A. 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 provisf ons of this Agreement shall be of full force
and effect.
4.12 ATTACHMENTS.
A. The following attachments are incorporated herein by this reference.
Attachment A• 2016 Cost Estimates
Attachment B -Key Dates for Coordinating Jurisdictions (subject to updates)
END OF PAGE
Arapahoe County Electlons IGA Page 13
ARAPAHOE COUNTY
Nancy Doty, Chair, Board of County Commissioners Date
Matt Crane, Coordinated Election Official Date
Clerk and Recorder
City of Englewood
By: Joe Jefferson
Title: Mayor
Loucrlshia Ellis, Designated Election Official
Arapahoe County Elections IGA
Date
Date
•
• Page 14
-
ATTACHMENT A
CITY OF ENGLEWOOD
2016 ELECTION COST ESTIMATE
ARAPAHO!! COUNTY
CLUIK _.,.D RICORDEII
Costs Based On:
Actlve Registered Voters
Voter Turnout
UOCAVAVoters
Households for TABOR Notice
Coordinating Entitles
Ballot Materials & Processing
Outer Envelopes
Return Envelope
J:3allot Pac~.ets ,
Instruction Sheets
Secrecy Sleeve
UOCAVA Online Ballot Marking Tool
Mail Ballot Postage
Freight Charges
Postage Out-Bound
VSPC Costs
WIFI Connection
Laptop Computers
iPad Rental
Machlne Seals
Oymo Labels
VSPC Supplies
VSPC Ballots
Blank Stock for BOD
Toner for BOD
Provisional Ballot Envelope
Machine Delivery
17,523
14,018
81
4,020
13
Qt~.
17,523
17,523
17,523
17,523
17,523
81
17,523
17,523
Q~.
1
1
1
1
1
1
1
1
1
0
1
Unit Cost
$ 0.046
$ 0.038
$ 0.640
$ 0.054
$ 0.033
$ 0.306
Sub Total
$ 0.0380
$ 0.120
Sub Total
Total
$ 1,620.00
$ 17,225.00
$ 3,300.00
$
$
$ 8,000.00
$
$ 6,000.00
$
$
$ 4,000.00
Sub Total
I ESTIMATE I
Total
$ 806.06
$ 665.87
$ 11,214.72
$ 946 .24
$ 578.26
$ 24.79
$ 14,211 .15
$ 665 .87
$ 2,102 .76
$ 2,768.63
Divided Cost
$ 124.62
$ 1,325.00
$ 253.85
$
$
$ 615.38
$
$ 461.54
$
$
$ 307.69
$ 3,088.08
Personnel Costs Qti, Unit Cost Total
Ballot Processing and VSPC Election Judges 14,018 $ 0.81 $ 11,354.90
Temp Staff Background Check 14,018 $ 0,03 $ 420 .55
Sub Total $ 11,775.46
Additional Costs Q~. Total Divided Cost
Ballot Bridging 1 $ $
Ballot on Demand Setup 1 $ $
Pre-Marked Test Deck 1 $ 3,000.00 $ 230.77
Car Rental 1 $ 9,267.00 $ 712.85
Ballot Team Mileage 1 $ 500.00 $ 38.46
Sub Total $ 982.08
Notices Qty. Unit Cost Total
TABOR Printing 4,020 $ 0.43 $ 1,728 .60
TABOR Postage 4,020 $ 0.10 $ 402.00
Notice of Election 1 $ 300.00 $ 23.08
Sub Total $ 2,153.68
Total Election Expense $ 34,979.07
Less Cost Shared by Other Coordinating Entities $ (23,319.38)
Total Due to Arapahoe County $ 11,659.69 •
•
,
Attachment B
2016 Key Dates for Coordinating Jurisdictions
Resource provided by Arapahoe County Elections. Use this as a reference guide only.
Always refer to the Colorado Constitution, Revised Statutes and Secretary of State rules for applicable provisions.
See the official 2016 Election Calendar: http://www.sos.state.eo.us/pubs/elections/calendars/2016ElectlonCalendar.pdf
~!:!:!i!c~~f!. .. 0-··.
_Last. day 'tq notify County Clerk of Intent to participate irt; 1-7.-11'6(5)! .... :· :·:'i,.-_(
the General 'Electiori (190 days Rrlor) ·_·,, ..• · -~' ., , · _.-~~ 1~~~106(~)'; ··. <:;,, ,. ,~:. _'·>~ -._:::-.·~:._f,_:_:_' ,-:~·
;;: :• ;'''.'
0
• • .. ' • ,·. I • ••• , • ,. • '. ' ; _. ''-: lGA reement ·-':
29-Jul County Clerk to provide copy of legal boundaries to IGAAgreement County Clerk
·urisdiction
~'!#.!:~
9-Sep ··
9-Sep
24-Sep
27-Sep
: tast day for coordinating jurisdictions to .certify ballot_ :
content to coun clerk 60 da s rior . ·· .• ' · ·
Candidates must record their name exactly as it appears
on the statement of intent, and must provide the
recording to the county clerk no later than the deadline
to file the statement of intent.
Deadline to transmit ballots ta overseas and military
voters 45 da s rior
-. --
Deadiine for jurisdiction to file TABOR i!3Sue notices with
cciun clerk 42 da · s · rior . · · · :~ . .
Public Logic and Accuracy Test of Voting Equipment
)..,,..,.,,'"==~~ 1 th -18
7-Oct
17-0ct
17-Oct
17-Oct
19-0ct
24-Oct
24-Oct
31-Oct
Deadline to mail TABOR notices (30 days prior)
Deadline to register to vote by Voter Re istration Drive
First day mail ballots may be sent to voters, excluding
UOCAVA 22 da s prior)
•
1 Lasf day·for des.ignated or coordinated election officiaf
to publish notice. of q?·ordinat~d .Electi(?n (~O days prior)
Counting of ballots may
I
Last day to register to vote through the mail, agency,
motor vehicle, or online and receive a ballot b mail
1-5--203(3)(a) .
I.. • ' "'
Rule4.6.2
1-8.3-110(1)
Rule 16
1-7-904'
Article X. Sec. 20(3)
(b);
1-1-106 5
1-2-201 (3)(b )(I)
1-7.5-107(3)(a)
Jurisdiction ·, -
•· .
Candidate
County Clerk
Jurisdiction. · ,
>.
County Clerk
Voters
County Clerk
County Clerk
1-7.5-107(2.S)(a)(l) County Clerk, .
· Jurisdiction
1-7.5-107.5 County Clerk
1-5-102.9(2) Count Clerk
1-2-201 (3)(b )(Ill) Voters
8-Nov General Election Day 1-1-104(17); County Clerk, • (Voter Service and Polling Centers and Ballot Drop-Off 1-4-201; Voters
locations open 7 a.m. -7 p.m .) Rule 7.9.1(b)
16-Nov Last day for military and overseas ballots to be received 1-8.3-111; Voters
by Clerk in order to be counted (8 days after election) 1-8.3-113;
16-Nov Last day for electors to cure signature discrepancy or . )(d); County Clerk ,
missing signature, or to provide missing ID for mail and 7.3(2)(a); Voters
provisional ballots to be counted . (8 days after election) 5(3)(a);
25-Nov Deadline to complete the canvass for the Coordinated County Clerk
Election. (17 days after election)
,. Jr,;:'\• ~ 'Qec .. ~-~9~t·
9-Oec Last day for interested party to request a recount at its 1-10.5-106(2) Any
own expense.
15-Dec Last day to complete a requested recount. 1-10.5-106 2 County Clerk
•
•
,
..
•
•
COUNCIL COMMUNICATION
Date
August 15, 2016
INITIATED BY
Agenda Item
9bi
Election Commission/City Clerk's Office
Subject
Intergovernmental Agreement
with Arapahoe County for
Coordinated Election Services-
2nd Reading
STAFF SOURCE
Loucrishia A. Ellis, City Clerk/Election
Commission Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated
elections for every City of Englewood General Municipal Election since 1993.
RECOMMENDED ACTION
Approve a bill for an ordinance on second reading an Intergovernmental Agreement
between the City of Englewood and Arapahoe County for the November 8, 2016
Coordinated Election.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment
approved by the voters in 1992, coordinated elections are to be conducted throughout
the State by County Clerks. The County has the capability of coordinating this election
and including the City of Englewood.
The Election Commission has agreed that it is in the best interest of the electors of
Englewood to conduct future elections jointly with the other political entities within the
County. In order to participate in the 2016 Coordinated Election, the City of Englewood
must enter into an Intergovernmental Agreement with Arapahoe County.
Staff has reviewed the proposed Intergovernmental Agreement Between Arapahoe
County Clerk and Recorder and City of Englewood Regarding the Conduct and
Administration of the November 8, 2016 General Election and concurs with the
Commission's recommendation.
FINANCIAL IMPACT
Since costs are based on several variables, e.g. the number of registered electors in the
City of Englewood at the time of the election, the number of entities participating in the
election, the financial impact is only an estimate . The County's estimate of our final cost
is $11,659.69. The cost of the Election is covered in the City Clerk's Budget for 2016.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
, ' ..
• COUNCIL COMMUNICATION
Date
August 1, 2016
INITIATED BY
Agenda Item
Sai
Election Commission/City Clerk's Office
Subject
Intergovernmental Agreement
with Arapahoe County for
Coordinated Election Services
STAFF SOURCE
Loucrishia A. Ellis, City Clerk/Election
Commission Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated
elections for every City of Englewood General Municipal Election since 1993.
RECOMMENDED ACTION
Approve, by ordinance, an Intergovernmental Agreement between the City of Englewood
and Arapahoe County for the November 8, 2016 Coordinated Election.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment
approved by the voters in 1992, coordinated elections are to be conducted throughout
the State by County Clerks. The County has the capability of coordinating this election
and including the City of Englewood.
The Election Commission has agreed that it is in the best interest of the electors of
Englewood to conduct future elections jointly with the other political entities within the
County. In order to participate in the 2016 Coordinated Election, the City of Englewood
must enter into an Intergovernmental Agreement with Arapahoe County.
Staff has reviewed the proposed Intergovernmental Agreement Between Arapahoe
County Clerk and Recorder and City of Englewood Regarding the Conduct and
Administration of the November 8, 2016 General Election and concurs with the
Commission's recommendation.
FINANCIAL IMPACT
Since costs are based on several variables, e.g. the number of registered electors in the
City of Englewood at the time of the election, the number of entities participating in the
election, the financial impact is only an estimate. The County's estimate of our final cost
is $11,659.69. The cost of the Election is covered in the City Clerk's Budget for 2016.
LIST OF ATTACHMENTS
Proposed bill for an ordinance