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HomeMy WebLinkAbout01/09/2007 Blue Sheet IGA with Pima County Recorder for Election Services TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA January 9, 2007 A GENDA ITEM: D. 5 TO: MA YOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2007-02: Relating to Elections; approving and authorizing the execution of an intergovernmental agreement for election services between the Town and Pima County for the primary and general elections in 2007. DISCUSSION The Town contracts with Pima County to provide services related to elections. These services include provision of official precinct registers and signature rosters, providing and processing request forms, mailing ballots and providing all necessary materials and programming for on- site voting and processing of early ballots. The Town's responsibilities under this intergovernmental agreement include making all submissions to and obtaining preclearances from the Department of Justice under Section 5 of the Voting Rights Act, and the preparation and distribute of any translations, printing and mailing of all publicity pamphlets. The cost for providing these services to Marana varies according to the number of ballots mailed, for signature checking, replacement ballots, special ballot inserts, actual cost of postage and all other necessary materials for early balloting, and the actual cost of all necessary materials and programming for on-site early voting. The costs for services are set forth in the intergovernmental agreement in paragraph 5 of the Recitals. ATTACHMENTS Intergovernmental agreement. RECOMMENDATION Staff requests Council approval of Resolution No. 2007-02, the intergovernmental agreement with Pima County for election services for the primary and general elections in 2007. SUGGESTED MOTION I move to approve Resolution No. 2007-02. MARANA RESOLUTION NO. 2007-02 RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR ELECTION SERVICES BETWEEN THE TOWN AND PIMA COUNTY FOR THE PRIMARY AND GENERAL ELECTIONS IN 2007. WHEREAS, A.R.S. ~ 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 9-231 (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 A.R.S. Section 16-204; and WHEREAS, the Town of Marana and Pima County Recorder's Office 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 Intergovernmental Agreement reflects 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 t 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 ofthe Town of Maran a, Arizona, that the intergovernmental agreement 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. 2007-02 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 9th day of January, 2007. Mayor ED HONEA ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Arizona Resolution No. 2007-02 INTERGOVERNMENTAL AGREEMENT For Election Services Among The Town of Marana and Pima County This Intergovernmental Agreement (IGA) is by and among THE TOWN OF MARANA OF PIMA COUNTY, ARIZONA, a municipal subdivision of the State of Arizona ("the Town") and PIMA COUNTY, a political subdivision of the State of Arizona ("the County"), on behalf of the PIMA COUNTY RECORDER ("the Recorder"). RECITALS 1. The Town, pursuant to A.R.S. ~9-231(A) will prepare for and conduct two elections: a Primary Election to be held on March 13, 2007; and a General Election to be held on May 15,2007 if necessary for members of its common counciL 2. A.R.S. ~~16-205(C), 16-172, 11-251 (3), 16-450, and 16-405 et seq. authorize the County to perform services for any political subdivision regarding elections. 3. A.R.S. ~16-172 authorizes any political subdivision conducting elections to utilize the County registration rolls upon reimbursement to the Recorder for actual expenses in furnishing voter registration data to the subdivision. 4. A.R.S. ~16-408(D) permits the governing body of any election district authorized to conduct an election to contract with the Board of Supervisors and Recorder for election services, with the contracted cost being a charge against the election district. 5. The parties are authorized to enter into an intergovernmental agreement pursuant to A.R.S. ~11- 952 et. seq. 6. The Town desires to utilize the Pima County registration rolls and other election-related services provided by the Recorder for the Primary Election to be held on March 13,2007 and a General Election to be held on May 15, 2007 for members of its common counciL 7. The Town, the County and the Recorder have determined that it is in the best interest of the public for the Town to use the services of the Recorder in conducting the elections called for March 13, 2007 and May 15, 2007. Now, therefore, the parties agree, as follows: 2 . "' .'...4"'''..''.'''''...."''',~...~'"~~_'''...~-'-~,__, ".,""',>d.,'" AGREEMENT 1. Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Recorder and the Town with respect to the March 13,2007 and May 15,2007 elections to be held by the Town of Marana. The elections will be held in accordance with the provisions of A.R.S. ~16-558 et seq. 2. Term. The term of this IGA shall be from February 1, 2007 through completion of all obligations and activities contemplated by this IGA, provided that the term shall continue through fInal resolution of any legal challenge to the election. Any modifIcations or time extension of this IGA shall be by formal written amendment and executed by the parties. 3. County Recorder Services: The Recorder shall: (1) Provide the offIcial precinct registers and signature rosters, and provide them to the County's Division of Elections no later than ten days prior to the Election, at a cost of $18.00 per precinct; and provide the precinct registers for use by the Early Voting Board no later than 9:00 a.m. the day before the Election. (2) Provide services related to early balloting. These services include: providing and processing request forms, mailing ballots, all necessary materials and programming for on-site voting at the Marana Town Hall and the Pima County Recorder's OffIce, and verifIcation of all early ballots voted for the elections. VerifIed early ballots will be delivered to the Early Ballot Board beginning four (4) days prior to each election and continuing until the close of the polls on Election Day. (3) Provide Deputy County Recorders for team early voting when necessary at $50.00 per request and give the Town notice of each request for team early voting. (4) Prepare and deliver a single invoice to the Town no later than 21 days after the fInal election date, containing a detailed breakdown of all Recorder costs for these elections. 4. Town Obligations. Town shall: (1) Notify the Recorder in writing, at least 120 days or at such other time as the parties may agree before any consolidated election date on which the Town wants services pursuant to this IGA, detailing the election-related services pursuant to this IGA. (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) Prepare and distribute any requisite translation, printing, and mailing of all publicity pampWets. (4) Should the election be challenged or questioned for any reason whatsoever, then the Town shall be solely responsible for defending, legally or otherwise, said elections. This duty shall survive the expiration of the IGA, provided that the County shall cooperate 3 Intergovernmental Agreement with the Town in making relevant information and witnesses available upon reasonable request. (5) Within 30 days of the date of each invoice, the Town shall reimburse the County, in full, for invoiced costs of election materials, supplies and equipment, and personnel required in direct support of the Town election, as set forth below and in Exhibit A. (6) Be responsible for the security of all ballots tabulated by officials and vendors other than Pima County's agents or employees and ensure that any functions performed by Town or its outside vendors comply with applicable law and procedures of the Secretary of State. (7) Furnish office space and staff to issue replacements ballots at the Town Offices and to accept voted ballots until 7:00 p.m. on both election days. The Town staff will notify the Recorder prior to delivery of any replacement ballots to any voter. (8) Arrange for and publish any and all notices of this election as required by law. 5. Financing/Payment. Within thirty (30) days of the date of invoice, Town will pay the Pima County Recorder: (1) $5.75 for each ballot mailed; (2) $0.75 for signature checking on each returned ballot; (3) $3.00 for each replacement ballot issued by mail, $1.25 for each replacement ballot issued at a satellite voting location; (4) Special ballot inserts: 1~ per ballot for single page 8% x 11" or % sheet (20 lb. minimum paper weight); or 5~ per ballot for multiple pages or larger than 8% x 11", plus any additional postage cost; (5) Actual cost of postage and all other necessary materials for early balloting (unless set forth with specificity above); (6) Actual cost of all necessary materials and programming for on-site early voting; and (7) Invoices not paid within 30 days of billing date will accrue interest at the rate of 10% per annum. 6. Indemnification. The Town shall indemnify, defend, and hold harmless, the County, the Recorder, their officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands or damages of any kind or nature arising out of this IGA which are attributed to any action or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf, unless such actions are due solely to the negligence of the County or County Recorder. The Town's obligations pursuant to this section shall survive the termination, cancellation or expiration of this IGA. 4 Intergovernmental Agreement 7. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. 8. Non-Discrimination. The Town shall not discriminate against any County employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this IGA. The Town shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. 9. Americans With Disabilities Act. The parties shall comply with all applicable provisions of the 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. 10. Severability. If any provision of this IGA is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. 11. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. ~ 38-511, the pertinent provisions of which are incorporated herein by reference. 12. 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, neither the County, nor the County Recorder shall have any further obligation to Town. 13. Legal Authority. No party warrants to any other party its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that any 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 any party against the other for lack of performance or otherwise. 14. Worker's Compensation. Each party shall comply with the notice of A.R.S. ~ 23-1022(E). For purposes of A.R.S. ~ 23-1022, 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 such party shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. 15. No Joint Venture. This IGA is not intended to, and this IGA shall not be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County or Recorder and any Town employees, or between the Town and any County employees. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party, including (without limitation) any other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 5 Intergovernmental Agreement 16. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA, or 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. 17. Conflict Resolution. In the event conflict arises between the and Town 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. 18. Notice. Any notice required pursuant to this IGA shall be given to: Recorder F. Ann Rodriguez County Recorder 115 N. Church Avenue Tucson, AZ 85701 (520) 740-4350 Fax: (520) 623-1785 Town Jocelyn C. Bronson, Town Clerk Town of Marana 11555 W. Civic Center Dr. Marana, AZ 85653 (520) 382-1999 Fax: (520) 382-1998 19. 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 Town paid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to Town. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 Intergovernmental Agreement 20. 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 Agreement on this ,2007. day of TOWN OF MARANA PIMA COUNTY BOARD OF SUPERVISORS By: By: Mayor Chair ATTEST: ATTEST: By: Town Clerk By: Clerk of the Board of Supervisors APPROVED AS TO CONTENT: By: The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the Pima County Recorder has been reviewed pursuant to A.R.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 of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County and Pima County Recorder Town of Marana ~q~ De ty County Attorney Attorney for the Town of Marana 7 O(XX) 14- o'l ~--~ MARANA ~/! " TOWN OF MARANA COMMUNITY INFORMATION SERVICES January 10,2007 Sara Balentine Pima County Recorder's Office P.O. Box 3145 Tucson, AZ 85702-3145 Subject: INTERGOVERNMENTAL AGREEMENT FOR ELECTION SERVICES AMONG THE TOWN OF MARANA AND PIMA COUNTY Dear Ms. Balentine: Attached please find three original intergovernmental agreement amendments for election services, which are being sent to you for signatures. Please return one original agreement, and a copy of the recorded agreement, to my attention at the address below. I am also forwarding yo.u copies of the authorizing Town of Marana resolution. Please ensure that the Town's resolution is recorded with the agreement. Thank you for very much for your help with this, and please do not hesitate to contact me at (520) 382-1999 if you have any questions. Sincerely, ~~ Tim Mattix Records and Elections Coordinator Town of Marana, Clerk's Office Attachments: Three original intergovernmental agreements Three copies of Maran a Resolution No. 2007-02 11555 W. CIVIC CENTER DRIVE, BLDG. A1 _ MARANA, ARIZONA 85653-7007 _ TELEPHONE: (520) 382-1999 _ FAX: 382-1998 P. O. Box 3145 Tucson, AZ 85702-3145 Located in the Old Courthouse at: 115 North Church Avenue, Tucson, AZ F. Ann Rodriguez Pima County Recordl http://www.recorder.pima.gov Recording history one document at MEMORANDUM TO: Jocelyn C. Bronson, Town Clerk Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 Sara BalentinO~ Pima County Recorder's Office FROM: 01103/07 Jocelyn: Happy New Year! We got a late start on the IGA's because of the elections and other related issues. We would like to get them signed by your people and returned as soon as possible, because we still need to have the Board ratify them. Thanks! Please feel free to call me at 740-4356 with any questions. Sara Balentine Pima County Recorder's Office SUBJECT: CONTRACT SERVICE AGREEMENT WITH TOWN OF MARANA DATE: January 3, 2007 C: F. Ann Rodriguez, Pima County Recorder Christopher J. Roads, Registrar of Voters ****************************************************************************** Attached are three original copies of the Contract Service Agreement between Pima County, the Recorder's office, and the Town of Marana for the elections to be held March 13, 2007 and May IS, 2007. Please sign as Town Clerk for the Town of Marana, and have the Mayor and the Town legal counsel sign all three originals. When the Agreement has been signed by all parties, please mail back all three orieinals. They will then be submitted to the Pima County Board of Supervisors for the ratification process. When the process is completed, a fully executed, signed original will be returned to the Town of Mar ana. Thank you for your assistance. If questions arise, I can be reached at 740-4356. /ssb Attachments 07MEM002