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HomeMy WebLinkAboutResolution 2003-008 IGA with pima county for election services F. ANN RODRIGUEZ, RECORDER DEPUTY RECORDER 3591 PE4 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11973 PAGE: 2899 NO. OF PAGES: 13 SEQUENCE: 20030160736 01/24/2003 RES 16:33 MAIL AMOUNT PAID $ 12.00 MARANA RESOLUTION NO. 2003-08 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY DIVISION OF ELECTIONS, RELATING TO THE PROVISION OF ELECTION SERVICES TO THE TOWN. 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 byA.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 mayrequire. 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 CountyDivision of Elections last entered into an Intergovernmental Agreement for the provision of election services to the Town on March 2, 1993; 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 aforesaid Intergovernmental Agreement should be amended to reflect increased costs associated with election services provided bythe County and that such amendment is in the best interest of the Town and its residents; and WHEREAS, the Countyhas prepared an amendment document, attached hereto as Exhibit A and incorporated herein bythis reference, and the Mayor and Council have reviewed the amendment document 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 Marana, Arizona, that the Intergovernmental Agreement for the provision of election services to the Town is amended pursuant to the amendment attached hereto as Exhibit A, and the terms of that amendment 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. i i Mamma, Arizona Resolution No. 2003-08 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January 21, 2003. ATTEST: Town Clerk APPROVED AS' TO FORM: ~.'~'~aniel $. H~chuli As Town Attorney and not personally Ma~rBOBBYSUTTON, JR. Marana, Arizona Resolution No. 2003-08 Page 2 of 2 ue~ 1~ O~ O~:O~p Plma Uoun%~ Elections b~U ~U 1~14 p.3 EXHIBIT A INTERGOVERNMENTAL AGREEMEN~F BETWEEN 'PIMA COUNTY AND THE TOWN OF MARANA FOR ELECTION SERVICES WHEREAS, the County of Pima has a comprehensive voting system and certified Elections Officials; and WHEREAS, the Town of Marana, a municipal corporation, 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. {}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. § 16-204. WHEREAS, in accordance with good public policy and benefiting the citizens of Pima County, the purpose of this Intergovernmental Agreement (IGA) is to make available to the requesting Town within the corporate limits of Pima County the services already in being; NOW, THEREFORE, 1T IS AGREED by and between the County of Pima, hereinafter called the "County", through the agency of the Division of Elections, and the Town of Marana, hereinafter called the "Town," pursuant to A.R.S. §16-205(C), 16-409, 11-251(3), 11-951, et. seq., as follows: I. The County shall: 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. Provide County personnel necessary to effectively administer the election as set forth in this agreement. Furnish such election administrative materials, which have been prepared fo/' County elections, to the Town at the applicable cost set forth in the Schedule of Prices, Level 1. - Full Service Election, a copy of which is attached as Exhibit A to this IGA and incorporated fully within. Conduct election functions at the polls and provide other services related to the election as set forth in Exhibit A, attached hereto and which is hereby incorporated in to this agreement as if set forth in full. II. The Town shall: Within (30) days of the date of the invoice, the Town expressly agrees to reimburse the County, in full, for costs of election materials, supplies and equipment, and personnel required in direct support of the Town Election, as set forth in Exhibit A. Be responsible for the security of all ballots tabulated by officials and vendors other than County agents or employees of the County and ensure that election functions performed by Town or its outside vendors comply with applicable law and regulations of the Secretary of State. Provide notification of any pre-clearances required under Section 5 of the Voting Rights Act; and when necessary, provide by arrangement with the County, translation for those Native Americans whose reservation boundaries affect any precincts within the Town's election, according to the guidelines of County pre-cleared by the Justice Department and pay County for providing said service. 4. Be responsible for the creation, any requisite translation, printing, and mailing of all publicity pamphlets. 5. Request the County, in writing, at least one hundred twenty days (120) before the consolidated election date, for assistance in the conduct of its election. 6. Provide the Division of Elections with the final certified copy of any ballot issue for the Town election at least 90 days prior to the election. 7. Review and approve the sample proof prior to printing. III. The County and the Town mutually covenant and agree: 1. The Town will be responsible for all submissions required under Section 5 of the Voting Rights Act to the Department of Justice. 2. Charges for printing of ballot pages, sample ballots, ballot labels, or any other items by commercial means will be billed directly to the Town by the commercial vendor providing such services, unless alternate billing arrangements are agreed to by the County Director of Elections in writing. 3. In the event conflict arises between the County and the Town over the use of voting equipment, vote tallying equipment, or County Elections personnel, the County will have priority usage. The County further agrees to make every effort to reconcile conflicts and make reasonable provisions with the Town so neither party will suffer as a consequence of conflict. 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 fumishing party. Any funds of the Town p~'id to the County in accordance with this IGA and not encumbered at the time of termination shall be refunded to the Town. IV. Term. ~ The term of this IGA shall begin on January 28, 2003 and terminate on January 1, 2004, 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. V. 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. Should the election be challenged or questioned for any reason whatsoever, then in such event the Town shall be solely responsible for defending, legally or otherwise, said elections, such duty to survive the expiration of the IGA, provided that the County shall cooperate with the Town in making relevant information and witnesses available upon reasonable request. VI. Indemnification, To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this IGA, but only to the extent such claim, loss, cause of action, damage or injury is caUsed or contributed to by the negligent acts or omissions of the indemnifying party. The Town shall indemnify, 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 Town, its agents, employees, or anyone acting under its direction, control or on its behalf, unless due solely to County negligence. VII. Compliance With Laws. The parties shall comply with all federal, state and local laws, roles, 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, roles and regulations during the terms of this IGA shall apply but do not require an amendment. VIII. Non-Discrimination. The Town will n_ot 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 Town duties pursuant to this IGA. The Town 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 IGA by reference, as if set forth in full herein. IX. Americans With Disabilities Act. The Town 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. X, Severability. If any provision of this IGA, or any application thereof to the County, Town 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. XI. Conflict of Interest. This 1GA is subject to the cancellation for conflict of interest pursuant to A.R.S. §38-511, the pertinent provisions of which are incorporated herein by reference. XII. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if/'or any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, Pima County shall have no further obligation to the Town other than for payment for services rendered prior to cancellation. XIII. Le~,al Authorit.y~ Neither party warrants to the other its legal authority to enter into this IGA. ff 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. 3CIV. Workers 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 part3', irrespective of the operations of protocol in place, and said party shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. i i 9 ? 3 XV. 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'~reate any employer-employee relationship between County and any Town employees, or between the Town 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. XVI. 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 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. XVll. 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. ~oun~ ~lections S20 620 1414 In Witne~WhereoL the parties herebyhave executed thisIGA on this ,2003. day of ATTEST: TOWN OF MARANA Clerk Mayor, Town of Marana ATTEST: PI/vIA COUNTY: Clerk Chair Board of Supervisors APPROVED AS TO CONTENT: The foregoing IGA between Pima County and the Town 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 IGA represented by the undersigned. _ Pima County Deputy County Attorney Town of Marana Attorney for the Town RESOLUTION NO. 2003 - RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE PROVISION OF THE SERVICES OF THE PIMA COUNTY DIVISION OF ELECTIONS TO THE TOWN OF MARANA IN ACCORDANCE WITH THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA DATED WHEREAS, Pima County is authorized, under Arizona Revised Statutes § 16-205(C), 16- 409, 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 ]ntergovemmental Agreement between Pima County and the Town of Marana to provide the services of the Pima County Division of Elections to the Town of Marana; and That the Chair of the Board of Supervisors be authorized and directed to sign said Intergovernmental Agreement. PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this ~ day of ,2003. . PIMA COUNTY BOARD OF SUPERVISORS ATTEST: Clerk of the Board Chair, Board of Supervisors APPROVED AS TO FORM: Deputy County Attorney ATTACHMENT A SCHEDULE OF PRICES LEVEL 1. FULL SERVICE ELECTION Schedule of Prices LEVEL 1. FULL SERVICE ELECTION Salaries/Be ne fits: Permanent Employees: Total houdy 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 pdce. 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 pdce. 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 pdce. 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 - Inspecton $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. 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 Vedfied 2 - Over 200 Early Ballots end Ballots To Be Vedfied - the cost is $.25 per ballot 3. Ballot Printing: 4, Advertising: Actual cost (included early ballots and election day ballots). Actual cost if County submits the advertisement. Schedule of Prices Full Service Election Page: 2 5. Professional Services: 6. Computer: Postage: actual cost. Printing: actual cost. Sort, label & mail: actual cost. Translations: actual cost. 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. Building Rental: Actual cost of polling place and class instruction facilities. Precinct package preparation fee: Other: $150.00 per box x total number of voting areas per jurisdiction. (Package includes supply box, Accu-vote and black ballot box.) 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 9 3 COUNTY ~DMINISTRATOR: DM,~ION .OF ,ELEcT~oNS. ., Staff requests approval of the fol!oWing: Schedule of Prices for Election Services that include the cost of using the optical scan voting system and charges for County overhead and supervision. Incr~asein Election Board Workers rate of compensation. .C. Party Observer Rate of Compensation. On consideration, it was moved by Supervisor Carroll, seconded by Supervisor Day, and unanimously carried by a five to zero vote, to approve the Division of Elections requests.