Loading...
HomeMy WebLinkAbout12/20/2005 Blue Sheet Election Services IGA TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 20, 2005 AGENDA ITEM: I. 3 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2005-153: Relating to Elections; approving and authorizing an interim 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. DISCUSSION From time to time the Town of Marana contracts with Pima County for assistance in preparation and conduct of Primary and General Elections for the Town Council and other special elections or consolidated elections. The last contract was amended in 2004 and expired June 30, 2005. The County is preparing a new agreement to reflect the increased costs of optical scanning equipment and increased service fees. However, that agreement will not be available until June 30, 2006. In the interim, staff has requested that the County provide the Town with an interim agreement stating fees and costs for services for the period January 10, 2006 through June 30, 2006. RECOMMENDATION Staff recommends approval of the interim intergovernmental Agreement between the Town and the Pima County Division of Elections for the period January 10,2006 through June 30,2006. SUGGESTED MOTION I move to approve Resolution No 2005-153. IGA Elections 12/14/2005/2: 13 PM/JCB/tm MARANA RESOLUTION NO. 2005-153 RELATING TO ELECTIONS; APPROVING AND AUTHORIZING AN INTERIM 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, A.R.S. Section 11-952 grants the Town of Marana 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 A.R.S. Section 9-23l(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 A.R.S. Section 16-204; and WHEREAS, the Town of Maran a and Pima County Division of Elect ions last entered into an Intergovernmental Agreement for the provision of election services to the Town in 2004; and WHEREAS, pursuant to said Agreement, the Town is obligated to submit payments to the County to cover the Town"S share of election costs; and WHEREAS, the Mayor and Council have determined that the Exhibits to the aforesaid Intergovernmental Agreement reflect the payment schedule for reasonable costs associated with election services provided by the County; and WHEREAS, the Mayor and Council have reviewed the Intergovernmental Agreement, attached hereto as Exhibit A and incorporated herein by reference, and find 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 Maran a, Arizona, that the Intergovernmental Agreement and Exhibits attached thereto for the provision of election services to the Town, are 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-XX 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 20th day of December, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Arizona Resolution No. 2005-153 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 Marana ("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 A.R.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 A.R.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 A.R.S. ~ l6-205(C), 16-409, 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 Oblie: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 election functions at the polls and provide other services related to the election as set forth in Exhibit A, attached hereto and incorporated in to this agreement as if set forth in full. 2 III. Municipality Obli2ations. 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 lOA, 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 any pre-clearances required under Section 5 of the Voting Rights Act. 3. Make arrangements with the County for any necessary translations as required by Section 203 of the 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 lOA, 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. 3 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 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 of the parties. Any modification or time extension of this 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 Municipalitv Name: Jocelyn C. Bronson Town Clerk Address: 13251 N. Lon Adams Road Marana, AZ 85653 Telephone: (520) 682-3401 Fax: (520) 682-2654 4 VII. Termination. Either party may terminate this lOA 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 lOA, shall be returned to the furnishing party. Any funds of Municipality paid to County in accordance with this lOA and not encumbered at the time of termination shall be refunded to Municipality. VIII. Indemnification. Municipality shall indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal administrati ve proceedings, claims or demands or damages of any kind or nature which result from any act or omission ofthe 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 lOA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this lOA and any disputes hereunder. Any action relating to this lOA shall be brought in an Arizona court in Pima County. Any changes to the governing laws, rules and regulations during the terms ofthis lOA 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 lOA. Municipality agrees to comply with the provisions of the Arizona Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this lOA 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 D.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 lOA, 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 lOA which can be given effect, without the invalid provision or application and to this end the provisions of this lOA are declared to be severable. XIII. Conflict ofInterest. This lOA is subject to the cancellation for conflict of interest pursuant to A.R.S. S38-511, the pertinent provisions of which are incorporated herein by reference. 5 XIV. Non-Appropriation. Notwithstanding any other provision in this lOA, this lOA may be terminated iffor any reason the County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this lOA. In the event of such cancellation, County shall have no further obligation to Municipality other than for payment for services rendered prior to cancellation. XIV. Lee:al Authority. Neither party warrants to the other its legal authority to enter into this lOA. If a court, at the request of a third person, declares that either party lacks authority to enter into this lOA, or any part of it, then the lOA, 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 of the payment ofW orker' s Compensation benefits or other fringe benefits of said employees. XVII. No Joint Venture. It is not intended by this lOA to, and nothing contained in this lOA 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 of this lOA is intended to create duties or obligations to, or rights in, third parties not parties to this lOA, or to affect the legal liability of any party to the lOA by imposing any standard of care different from the standard of care imposed by law. 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 lOA shall not be modified, amended, altered, or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. 6 In Witness Whereof, the parties hereby have executed this lOA by signing below. ATTEST: TOWN OF MARANA Clerk Date Mayor, Town of Marana Date ATTEST: PIMA COUNTY: Clerk Date Chair Board of Supervisors Date APPROVED AS TO CONTENT: Brad R. Nelson, Elections Director 7 The foregoing lOA between Pima County and the Municipality has been reviewed pursuant to A.R.S. 911-952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the lOA represented by the undersigned. Pima County TOWN OF MARANA Deputy County Attorney Date Attorney for Town of Marana Date 8 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 jurisd iction. 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 jurisd iction. 9 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 10 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. 11 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.) 12 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. 13