HomeMy WebLinkAboutResolution 2005-153 IGA with pima county for election services
MARANA RESOLUTION NO. 2005-153
RELATING TO ELECTIONS; APPROVING AND AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND
PIMA COUNTY DIVISION OF ELECTIONS FOR THE PROVISION OF ELECTION
SERVICES FOR THE PERIOD JANUARY 10, 2006 THROUGH JUNE 30, 2006.
WHEREAS, AR.S. Section 11-952 grants the Town of Maran a the authority to enter into
intergovernmental agreements; and
WHEREAS, the Town of Marana seeks Pima County assistance in the preparation and
conduct of Primary and General Elections for the Town Council Members as required by AR.S.
Section 9-231(A), to be held in March and May of every odd year, respectively; and such other
Special Elections as the Town may require. Elections will be held on the Consolidated Election dates
pursuant to AR.S. Section 16-204; and
WHEREAS, in 2004, the Town of Maran a and Pima County Division of Elections entered
into an Intergovernmental Agreement for the provision of election services which expired June 30,
2005; and
WHEREAS, the County is preparing a new intergovernmental agreement, effective June 30,
2006 with updated fee and payment schedules; and
WHEREAS, the Town desires an interim agreement for election services for the period
January 10, 2006 through June 30, 2006 ; and
WHEREAS, the Mayor and Council have determined that the Exhibits to the aforesaid interim
intergovernmental agreement reflect the payment schedule for reasonable costs associated with
election services provided by the County for the period January 10, 2006 through June 30, 2006; and
WHEREAS, the Mayor and Council have reviewed the Intergovernmental Agreement which
is attached hereto as Exhibit A, and finds that the terms contained therein are equitable and in the
best interest of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the interim intergovernmental agreement and exhibit attached hereto for the
provision of election services to the Town is hereby approved and adopted.
BE IT FURTHER RESOLVED that the various town officers and employees are authorized
and directed to perform all acts necessary or desirable to give effect to this Resolution.
Marana Arizona Resolution No. 2005-153
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
20th day of December, 2005.
ATTEST:
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Mayor Ed Honea
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Marana Arizona Resolution No. 2005-153
RESOLUTION NO. 2006 -
RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN
OF MARANA FOR ELECTION SERVICES TO BE EFFECTIVE JANUARY 10, 2006
THROUGH JUNE 30, 2006.
WHEREAS, Pima County is authorized, under Arizona Revised Statutes ~ 16-
205(C), 16-450, 11-251(3), 11-951 et. seq., to perform services regarding elections; and
WHEREAS, the Town of Marana is allowed under Arizona Revised Statutes, Title 9,
Title 11, and Title 16, to call for Elections; and
WHEREAS, the County and the Town of Marana have determined that the use of
the services of the Division of Elections is in the public interest, and the County agrees to
provide said services:
NOW, THEREFORE, upon motion duly made, seconded and carried, be it resolved:
That Pima County enter into the Intergovernmental Agreement between Pima
County and the Town of Marana for Election Services; and
That the Chair of the Board of Supervisors be authorized and directed to sign said
I ntergovernmental Agreement.
PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors,
this day of ,2006.
PIMA COUNTY BOARD OF SUPERVISORS
Chair, Board of Supervisors
ATTEST:
APPROVED AS TO FORM:
Clerk of the Board
~ i?' U;(.v.i_h
o . y County Attorney
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mTERGOVERNMENTALAGREEMENT
BETWEEN
PIMA COUNTY AND THE TOWN OF MARANA
FOR ELECTION SERVICES
WHEREAS, the County of Pima ("County") has a comprehensive voting system and certified
elections officials; and
WHEREAS, the Town of Maran a ("Municipality"), an Arizona political subdivision, seeks Pima
County assistance in the preparation and conduct of both primary and general elections for the
members of its common council, as required by AR.S. ~9-231 (A), to be held in March and May of
every odd year, respectively; and any other special elections as the Municipality may require, such
elections to be held on consolidated election dates pursuant to AR.S. ~ 16-204.
NOW, THEREFORE, IT IS AGREED by and between the County, on behalf of its Division of
Elections, and the Municipality, pursuant to AR.S. ~ 16-205(C), 16-450,11-251 (3), and 11-951, et.
seq., as follows:
I. Purpose. The purpose of this Intergovernmental Agreement (IGA) is to make available
existing election services to a requesting political subdivision within the corporate limits of
County.
II. County Obli!!ations. County shall:
1. Make available support services, ballots, voting equipment, vote tallying equipment,
precinct supplies, and such other election materials as may be required for proper conduct
of the election.
2. Provide County personnel necessary to effectively administer the election as set forth
in this agreement.
3. Furnish such election administrative materials, which have been prepared for County
elections, to the Municipality at the applicable cost set forth in the Schedule of Prices, a
copy of which is attached as Exhibit A to this IGA and incorporated fully within.
4. Conduct consolidated election functions at the polls and provide other services related to
the election as set forth in Exhibit A, attached hereto and incorporated into this
agreement as if set forth in full.
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Exhibit A to Marana Resolution No. 2005-153
III. Municipality Oblil!ations. Municipality shall:
1. Request the County, in writing, at least 120 days or at such other time as the parties may
agree before any consolidated election date on which Municipality wants services
pursuant to this IGA, for assistance in the conduct of its election.
2. Make all submissions required under Section 5 of the Voting Rights Act to the
Department of Justice and provide timely notice to County of anypre-c1earances required
under Section 5 of the Voting Rights Act.
3. Make arrangements with the County for any necessary translations as required by Section
203 ofthe Voting Rights Act. The jurisdiction will be responsible for payment to County
for providing the needed language translations.
4. Provide County Division of Elections with the final certified copy of any ballot issue for
a Municipality election at least 90 days or at such other time as the parties may agree
prior to the election.
5. Prior to printing, review and approve the sample proof two business days after receipt of
the proof.
6. Prepare and distribute any requisite translation, printing, and mailing of all publicity
pamphlets.
7. Pay any and all charges for printing of ballot pages, sample ballots, ballot labels, or any
other items by commercial means directly from the commercial vendor providing such
services, unless alternate billing arrangements are agreed to by the County Director of
Elections in writing.
8. Should the election be challenged or questioned for any reason whatsoever, then the
Municipality shall be solely responsible for defending, legally or otherwise, said
elections. This duty shall survive the expiration ofthe IGA, provided that County shall
cooperate with the Municipality in making relevant information and witnesses available
upon reasonable request.
9. Within 30 days of the date ofthe invoice, Municipality shall reimburse County, in full,
for invoiced costs of election materials, supplies and equipment, and personnel required
in direct support of the Municipal election, as set forth in Exhibit A.
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10. Be responsible for the security of all ballots tabulated by officials and vendors other than
County's agents or employees and ensure that any functions performed by Municipality
or its outside vendors comply with applicable law and regulations of the Secretary of
State.
IV. Conflict Resolution. In the event conflict arises between the County and Municipality over
the use of voting equipment, vote tallying equipment, or County elections personnel, County
shall have priority, but shall make reasonable efforts to reconcile conflicts so that neither
party will suffer as a consequence of conflict.
V. Term. The term of this IGA shall begin on January 10, 2006 and terminate on June 30,
2006, subject to successive annual renewals upon action ofthe parties. Any modification or
time extension ofthis IGA shall be by formal written amendment and executed by the parties
hereto.
VI. Notice. Any notice required pursuant to this IGA shall be given to:
Name:
Address:
Telephone:
Fax:
Name:
Address:
Telephone:
Fax:
County:
Chuck H. Huckelberry
County Administrator
130 W. Congress St., 8th Floor
Tucson, AZ 85701
(520) 740-8661
(520) 740-8171
Brad R. Nelson
Elections Director
130 W. Congress St., 10th Floor
Tucson, AZ 85701
(520) 740-4260
(520) 620-1414
Lori Godoshian
Clerk of the Board of Supervisors
130 W. Congress St., 5th Floor
Tucson, AZ 85701
(520) 740-8449
(520) 622-0448
Municipality
Name: Jocelyn C. Bronson
Town Clerk
Address: 11555 W. Civic Center Drive
Marana,AZ 85653
Telephone: (520) 682-3401 Fax: (520) 682-2654
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VII. Termination. Either party may terminate this IGA at any time by giving written notice of
such termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In the event of termination, any real or personal property
belonging to either party and furnished pursuant to this IGA, shall be returned to the
furnishing party. Any funds of Municipality paid to County in accordance with this IGA and
not encumbered at the time oftermination shall be refunded to Municipality.
VIII. Indemnification. Municipality shall indemnity, defend and hold harmless Pima County, its
officers, departments, employees and agents from and against any and all suits, actions, legal
administrative proceedings, claims or demands or damages of any kind or nature which result
from any act or omission of the Municipality, its agents, employees, or anyone acting under
its direction, control or on its behalf, unless due solely to County negligence.
IX. Compliance With Applicable Laws. The parties shall comply with all applicable federal,
state and local laws, rules, regulations, standards and Executive Orders, without limitation to
those designated within this IGA. The laws and regulations of the State of Arizona shall
govern the rights of the parties, the performance of this IGA and any disputes hereunder.
Any action relating to this IGA shall be brought in an Arizona court in Pima County. Any
changes to the governing laws, rules and regulations during the terms ofthis IGA shall apply
but do not require an amendment.
X. Non-Discrimination. Municipality will not discriminate against any County employee,
client or any other individual in any way involved with the County, because of race, age,
creed, color, religion, sex, disability or national origin in the course of carrying out
Municipality's duties pursuant to this IGA. Municipality agrees to comply with the
provisions ofthe Arizona Executive Order 75-5, as amended by Executive Order 99-4, which
is incorporated into this IGA by reference, as if set forth in full herein.
XI. Americans With Disabilities Act. Municipality shall comply with all applicable provisions
ofthe Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and
all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
XII. Severability. If any provision of this IGA, or any application thereof to the County,
Municipality or any person or circumstances, is held invalid, such invalidity shall not affect
other provisions or applications of this IGA which can be given effect, without the invalid
provision or application and to this end the provisions of this IGA are declared to be
severable.
XIII. Conflict oflnterest. This IGA is subject to the cancellation for conflict of interest pursuant
to A.R.S. S38-5ll, the pertinent provisions of which are incorporated herein by reference.
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XIV. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be
terminated if for any reason the County Board of Supervisors does not appropriate sufficient
monies for the purpose of maintaining this IGA. In the event of such cancellation, County
shall have no further obligation to Municipality other than for payment for services rendered
prior to cancellation.
xv. Lee:al Authoritv. Neither party warrants to the other its legal authority to enter into this
IGA. If a court, at the request of a third person, declares that either party lacks authority to
enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall
be null and void, and no recovery may be had by either party against the other for lack of
performance or otherwise.
XVI. Workers Compensation. Each party shall comply with the notice of A.R.S. ~23-1 022(E).
For purposes of A.R.S. ~23-1 022, each party shall be considered the primary employer of all
personnel currently or hereafter employed by that party, irrespective of the operations of
protocol in place, and said party shall have the sole responsibility ofthe payment ofW orker's
Compensation benefits or other fringe benefits of said employees.
XVII. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA
shall be construed to, create any partnership, joint venture or employment relationship
between the parties or create any employer-employee relationship between County and any
Municipality employees, or between the Municipality and any County employees. Neither
party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the
other party, including (without limitation) the other party's obligation to withhold Social
Security and income taxes for itself or any of its employees.
XVIII. No Third Party Beneficiaries. Nothing in the provisions ofthis IGA is intended to create
duties or obligations to, or rights in, third parties not parties to this IGA, or to affect the legal
liability of any party to the IGA by imposing any standard of care different from the standard
of care imposed by law.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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XIX. Entire IGA. This document constitutes the entire agreement between the parties pertaining
to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. This IGA shall
not be modified, amended, altered, or extended except through a written amendment signed
by the parties and recorded with the Pima County Recorder.
In Witness Whereof, the parties hereby have executed this IGA by signing below.
ATTEST:
TOWN OF MARANA
g~~
Mayor, Town ofM a Date
ATTEST:
PIMA COUNTY:
Clerk
Date
Chair
Board of Supervisors
Date
APPROVED A:;.zT:
~jft/l ~
Brad R. Nelson, Elections Director
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The foregoing IGA between Pima County and the Municipality has been reviewed pursuant to
A.R.S. S 11-952 by the undersigned, who have determined that it is in the proper form and is within
the powers and authority granted under the laws ofthe State of Arizona to those parties to the IGA
represented by the undersigned.
Pima County
TOWN OF MARANA
~e. ~-<, 12-1::;-0S-
D ut County Attorney Date
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EXHIBIT A
Schedule of Prices
LEVEL 1. FULL SERVICE ELECTION
1. Salaries/Benefits:
Permanent Employees:
Total hourly rate for all employees x the total number of hours = total cost. The total
cost x 1.1011 = The Total Adjusted Cost. Total Adjusted Cost divided by the total
number of registered voters for all jurisdictions = unit price. Unit price x total
number of registered voters for each jurisdiction = total salaries and benefits per
jurisdiction.
Temporary Employees:
Total hourly rate for all Temporary employees hired to work elections x total number
of hours (regular & overtime @ time and one-half) = total cost. Total cost x 1.1011
= Total Adjusted Cost. Total Adjusted Cost divided by total number of registered
voters for all jurisdictions = unit price. Unit price x total number of registered voters
for each jurisdiction = total Temporary Employee cost.
Boardworker pay:
Actual cost unless there is more than one election within a precinct. If more than
one election is being held within a precinct the formula is as follows: Total Adjusted
Cost divided by the total number of registered voters for all jurisdictions = unit price.
Unit price x the total number of registered voters in each jurisdiction = total cost per
jurisdiction.
There are 6 board members per board in each precinct. The rates listed are
adjusted to include the indirect costs.
1 -Inspector: $165.72
2 - Judge of the Opposite Party: $129.93
3 - Judge of the Same Party: $124.42
4 - Marshal: $124.42
5 - 2 Clerks: 124.42 each
Overtime:
Total number of overtime hours worked at time and one-half. Total cost of overtime
divided by the total number of registered voters in all jurisdictions = unit price. Unit
price x total number of registered voters in each jurisdiction = total cost per
jurisdiction.
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2. Early Ballot & Ballot to Be Verified Processing expenses:
This cost will be implemented for any election with a combined total of 100,000 or
more registered voters. This cost will be implemented at the discretion of the
Division of Elections.
1 - $50.00 minimum fee for 1 - 200 Early Ballots and Ballots to Be
Verified
2 - Over 200 Early Ballots and Ballots To Be Verified - the cost is $.25
per ballot
3. Ballot Printing:
Actual cost (included early ballots and election day ballots).
4. Advertising:
Actual cost if County submits the advertisement.
5. Professional Services:
Postage: actual cost.
Printing: actual cost.
Sort, label & mail: actual cost.
Translations: actual cost.
6. Computer: Total number of hours x $50.00 = total cost of counting ballots (this
includes early ballots, election day ballot results, late ballots and verified To Be
Verified ballots) Total cost divided by the total number of ballots cast for all
jurisdictions = unit price. Unit price x total number of ballots cast for each
jurisdiction = total cost per jurisdiction.
7. Building Rental:
Actual cost of polling place and class instruction facilities.
8. Precinct package preparation fee: $150.00 per box x total number of voting areas
per jurisdiction. (Package includes supply box, Accu-vote and black ballot box.)
9. Other:
Signs - $10.00 per sign (preparation).
Polling Place Identification - $50.00 additional charge for modifications
per sign.
Voting Booth Rental - $5.00 per booth
Handicapped Booth - $6.00 per booth
Misc. charges - Other charge (s) incurred related to the conduct of
the election. Charges may include cost of mileage, vehicle rental,
photo copies, maps, cellular phone call charges, etc.
10. Replacement Costs: Actual cost
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Schedule of Prices
LEVEL 2. CONSOLIDATED ELECTIONS
Any jurisdiction may choose to have its election combined with any county wide
election. A fee of 35 cents per registered voter will apply.
The thirty-five cent fee covers the following services:
. Boardworker recruitment and training
. Polling Place acquisition
. Sample Ballot printing and postage
. Translation services
. Early Ballot and Ballot to Be Verified processing
. All supplies
. Supply delivery and pickup
. Election night processing and tabulation
Any additional services requested by the jurisdiction are provided on actual cost basis.
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Schedule of Prices
LEVEL 3. SPECIFIC SERVICES FOR SUPPORT OF AN ELECTION
This option will allow jurisdictions to select only those supplies and services to be
provided by the Division of Elections:
Ballot layout & design - per voting area
Ballot printing
Accu-Vote & Ballot Box - per voting area
Accu-Vote Unit
Central Count Accu-Vote
Accu-feed
Voting booths
Handicapped booths
Ramps
Boardworker recruitment - per hour
Polling Place acquisition - per hour
Boardworker training - per class
Polling Place supplies - per voting area
Early Ballot/Ballot to Be Verified processing
1 - 200
Over 200
Sample Ballot/Publicity Pamphlet preparation & printing
Postage (Sample Ballot, Publicity Pamphlet &
Boardworker Notices)
Programming - per hour
Supply Delivery and Pick up - per voting area
Translation
Trouble shooters - hourly per person
Tabulation
$50.00
Actual Cost
$300.00
$200.00
$200.00
$150.00
$5.00
$6.00
$50.00
$15.00
$15.00
$150.00
$50.00
$50.00
$ .25 per ballot
Actual Cost
Actual Cost
$50.00
$50.00
Actual Cost
$15.00
$500.00
Repair Costs - The Division of Elections will arrange for all repairs. The jurisdiction
will be invoiced for the actual cost. The Jurisdiction will make no attempt to repair,
replace or modify damages to any equipment.
Replacement Costs - Actual Costs (Includes supplies such as keys, key rings, ARS
Books, memory cards, adapters, phone cords, power cords or any other supplies
requested by the jurisdiction.)
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Schedule of Prices
LEVEL 4. OUTREACH ELECTIONS
An organization may have assistance from the Division of Elections in conducting an
election. A flat fee of $750 will apply. The Pima County Division of Elections may
provide services for Student Body Elections at no charge.
The $750 covers the following services:
Ballot Layout:
The organization must provide the Division of Elections with ballot language no later
than 45 days prior to the election. If the ballot language is provided within 45 days,
the Division of Elections will not do the ballot layout. The organization is responsible
for printing ballots. The Division of Elections will provide a suggested printing
company's name, telephone number and address at the request of the organization.
Sample Ballot & Publicity Pamphlet:
The jurisdiction is responsible for preparing and printing any sample ballot or
publicity pamphlet.
Boardworker Acquisition & Training:
The Division of Elections will not recruit boardworkers, nor will they staff a polling
place. The Division of Elections will train boardworkers, at the request of the
organization. The Division of Elections will supply lists of boardworkers in the area at
the request of the organization. The jurisdiction is responsible for acquiring a facility
for boardworkers training.
Ballot Tabulation:
The Division of Elections will provide ballot tabulation on site after the polls have
closed on the date of the election.
Polling Place Facilities:
The jurisdiction is responsible for acquiring the facility for voting on election day.
This includes setup and cleanup of facility.
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