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2009 General Election - Coordinated Election Contract with Boulder County Clerk and Recorder COORDINATED ELECTION CONTRACT BY AND BETWEEN THE CITY OF BOULDER AND THE BOULDER COUNTY CLERK AND RECORDER FOR THE CONDUCT AND ADMINISTRATION OF THE 2009 GENERAL ELECTION TO BE HELD NOVEMBER 3, 2009 This Contract is made to be effective the 25th day of August, 2009 between the City of Boulder, CO (the District), and the County Clerk and Recorder for the County of Boulder, Colorado (the "County Clerk") for the November 3, 2009 election (the Election). 2.0 RECITALS AND PURPOSES. A2.1 Pursuant to section 18(2)(a) of Article XIV of the Colorado Constitution and section 29-1-203, C.R.S., the County Clerk and the District may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each, and any such contract may provide for the sharing of costs, the imposition of taxes, and incurring of debt. B2.2 The County Clerk and the District are authorized to conduct elections as provided by law. C2.3 The General Election, to be held November 3, 2009, (the "Election") shall be conducted as a "Coordinated Election" as defined in the Uniform Election Code of 1992 (the Code) and the Rules and Regulations of the Colorado Secretary of State (the Rules). D2.4 The County Clerk and the District have determined that it is in the best interests of the District, and its inhabitants and landowners, to cooperate and contract the Election upon the terms and conditions contained herein. E2.5 The purpose of this Contract is to set forth the tasks to be completed by the County Clerk and the District to conduct and finance the Election. F2.6 Section 20 of Article X of the Colorado Constitution (TABOR Amendment) requires the production of a mailed notice (TABOR Notice) concerning tax and liability ballot issues that will be submitted to the electors of Boulder County. G2.7 The TABOR Notices of several jurisdictions are to be sent as a package where jurisdictions overlap (TABOR Notice Package). H2.8 The need to produce the TABOR Notice Package(s) requires that there be a countywide coordination of the printing and mailing of the TABOR Notice Package(s) to fulfill the requirements of the TABOR Amendment. 12.9 Except as otherwise provided here in subparagraph 3.0 hereof, the County Clerk shall act as the designated election official for the conduct of the election for the District for all matters in the Code which require action by the designated election official. (referred to as the "County DEO"). 3.0 TERMS OF AGREEMENT In consideration of the payment by the District of the actual costs to County Clerk to conduct the election on behalf of the District and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the parties agree as follows: 3.1 Contact Officers. The County Clerk designates Carlos Webb as the "Contact Officer" to act as the primary liaison or contact between the County Clerk and the District. The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the election for the District and performance of obligations assigned to the County Clerk hereunder. The District/Municipality of City of Boulder, CO designates Alisa Lewis, City Clerk as its "Election Officer" who shall act as the primary liaison between the District, the County Clerk and the Contact Officer and who shall have primary responsibility for the management and performance of the District's obligations under this Contract. To the extent that the Code requires a "designated election official" within the District to perform tasks, the Election Officer shall act as such designated election official. Nothing herein shall be deemed or construed to relieve the County Clerk or the District's Governing Board from their official responsibilities for the conduct of the Election (as set forth in the Colorado Revised Statutes, Title 1 (the "State Statutes") or in the Secretary of State Rules for Elections (the Rules). 3.2 Term. This Contract is expressly written for the November 3, 2009 Election and is effective through November 30, 2009. 3.3 County Clerk Duties. The County Clerk shall perform the following duties for the election for the District: (A) Notify the Secretary of State, no later than September 9, 2009 fifty-five days prior to the election of the intent to conduct the Coordinated Election as a mail ballot election. Pursuant to State Statute, the notification shall include a proposed plan for conducting the mail ballot election, which shall be based on the standard plan adopted by the Secretary of State. In accordance with 1-7.5-106, within fifteen days of its receipt of the mail ballot plan, the Secretary of State shall approve or deny the written plan. (B) Pursuant to Section 3.4(A) and 3.4(B) of this IGA, upon receipt of the certified ballot text (for absentee and official ballots) provided by the District, County Clerk will create the layout of the text of the ballot in a format that complies with Colorado Election Law. The ballot text, as received by the District must be satisfactory to the Clerk. Furthermore, no content changes by the District shall be allowed after the September 3, 2009 certification of the ballot, without the approval of the County Clerk or as directed by the County Clerk. The County Clerk will provide the District with a copy of the draft ballot for the District's review along with any instructions for modifications to the ballot layout and the time period within which the District must return the modified ballot to the County Clerk. If modifications are made by the District, the County Clerk will review the changes upon receipt from the District of the modified ballot and notify the District that the ballot is approved or return the ballot for further modifications and time requirements. Once the District has made all changes to the ballot layout as required by the County Clerk and the ballot is in 'final draft form,' the ballot text will be laid out by the County Clerk and will be submitted to the District on or before September 3, 2009, for final review, proofreading, and approval before the County Clerk authorizes the printing of the ballots. The District shall return the 'final draft form ballot' proofs on or before September 4, 2009, the sixtieth day before the Election. (C) The County Clerk will not accept any ballot layouts that include graphs, tables, charts or diagrams of any kind. (D) Identify and contract with a reliable vendor ("Vendor") to prepare and print the mail ballots; prepare a mail ballot packet for each ACTIVE elector within the District; address a mail ballot packet to each ACTIVE elector within the District; and mail the ballots between 22 days before the Election, October 13, 2009, and 18 days before the Election, October 16, 2009. The County Clerk shall create a file of all ACTIVE registered electors for submission to the Vendor responsible for printing, preparing, addressing, and mailing the official ballots and submit the file to the chosen vendor on or before October 9, 2009. The file of ACTIVE registered electors shall contain the names and addresses of electors residing within the City of Boulder, CO who have registered to vote on or before October S, 2009 (CRS 1-2-201(3)). The printing; preparation of the ballots for mailing; and the mailing of the ballots shall be performed by the Vendor at a rate specified in a contract with Boulder County. (E) The District shall provide the County Clerk with the total number of ballots it desires to have printed for the election (this should be the number of ballots the District reasonably expects to be mailed to each ACTIVE voter; an adequate number of ballots to fill requests of INACTIVE voters who, subsequent to the mailing of ballots to all ACTIVE voters, present themselves to vote at the Office of the Boulder County Clerk; an adequate number of Replacement Ballots; and an adequate number of Duplication and test ballots) and the County Clerk will order this number of ballots. The County Clerk may require the District to order more ballots than originally requested by the District if the Clerk, believes that the District's requested number is not adequate for the election. However, the Clerk shall not be responsible if the number of ballots requested by the District (and as may be modified by the County Clerk) is ultimately less than necessary for the election. The cost of the ballot stock and printing of the ballots shall be included in the overall invoice submitted to the District following the election. (F) In the event additional ballots are required, the Clerk shall make every effort to print the additional necessary ballots for the District using the County Clerk's Ballot Now system. The County Clerk shall have priority in printing ballots for her own purposes and shall be under no obligation to print additional ballots for the District in any specific time frame or order with regard to other jurisdictions. The County Clerk shall determine which jurisdictions' ballots will be printed using the Ballot Now software and in what order the jurisdictions' printing shall take place; however, the County Clerk shall not be responsible if she is unable to print all of the ballots necessary for the District using the Ballot Now program. (G) Ensure that the ballot packets contain instructions to the voters; a secrecy sleeve (if the type of ballot requires such secrecy sleeve to maintain the privacy of the vote); an inner verification/return envelope; and the outer/mail envelope containing the appropriate postage, Official Election logo; and indicia for Return Service Requested. (H) Provide for the security of voted returned, unvoted returned and unissued ballots. (I) Provide adequate training, forms, and logs to track the ballot inventory for mail-in, replacement, test and duplication ballots. (I) Appoint, as required by law, train, provide written materials and pay a sufficient number of qualified election judges to receive and process the voted ballots as they are returned by the U.S. Post Office or are hand delivered to the designated voted ballot return sites; and to receive and process unvoted ballots returned to the Clerk by the U.S. Post Office. The processing shall include the date stamping of all ballots received (both voted and unvoted) on the date they are returned; the counting of the number of ballots returned each day; and the batching, by category and date and the recording of the above on a daily log. (K) If applicable, combine the text of the TABOR Notice submitted by the District with those of other jurisdictions to produce the TABOR Notice Package. The County Clerk may determine the order of the TABOR Notice submitted by the District and those of other jurisdictions to be included in the TABOR Notice Package provided, however, the materials supplied by the District shall be kept together as a group and in the order supplied by the District. The cost for the printing and mailing of the Notice Package shall be shared on a prorated basis with the other jurisdictions having Notice issues on the ballot. (L) Make every effort to determine and use the "least cost" method for mailing the Notice Package (M) Address TABOR Notices to "All Registered Voters" at each address of one or more active registered electors of the District and mail on or before October 5, 2009, the 29th day before the Election. Nothing herein shall preclude the County Clerk from sending the TABOR Notice or TABOR Notice Booklet to persons other than electors of the District if such sending arises from the County Clerk's efforts to mail the TABOR Notice Booklet at "least cost," or in the most efficient manner. (N) Certify the number of registered voters, residing within the District on or before October 5, 2009 defined as those who have registered to vote from their residence address within the District on or before October 5, 2009. The certification shall be given to the District on or before October 9, 2009. (O) Charge the District for the regular hourly rate of temporary employees and for such overtime and extra hours of regular staff needed to prepare for and conduct the election. When appropriate, the costs will be shared with other jurisdictions participating in the election. In addition to the District's pro-rata share of the general cost of the election, any costs specific to the election incurred by the County in the preparation and conduct of the election for the District alone, shall be the sole responsibility of the District. (P) If state statute provides for a specific scheme for an entity to pay for its share of an election, the Clerk shall bill that entity according to the statutorily set forth formula. (Q) Provide support to the Election Officer via telephone and in person, throughout the election process and during all ballot-counting procedures for this election. (R) The Clerk shall, determine how many sites and the location of such sites necessary to provide handicapped accessible voting as required by law. For such sites, the County shall provide the County's electronic vote counting equipment. The District is to be charged, on a prorated basis, for pre-election and Election Day preventive maintenance, maintenance and trouble-shooting performed on the electromechanical voting equipment used in this election. Such charges will be at the rate charged the County or County Clerk by the company providing the service. (S) May begin counting the ballots on October 24, 2009. Pre-Election Day counting results will not be released until after 7:00 p.m. on the date of the election. With the exception of Provisional Ballots, all ballots received by 7:00 p.m. on November 3, 2009, shall be counted the night of the election. The preliminary results of the election will be submitted to the District immediately following the completion of the final counting procedures. (T) Qualify and count Provisional ballots on or before 7:00 p.m. on November 17, 2009 within the statutory timeframe. (U) Certify and submit to the District, the final Election results upon the completion of the tallying of the Provisional ballots. (V) Assist the District's representative in performing required and requested electronic vote counting equipment tests. (W) Store all voted ballots, unvoted ballots, lists and logs used during the election process for the time period required by Colorado Election Laws. (X) Keep a careful and accurate accounting of time, salaries, supplies, and any other costs appropriately chargeable to the District. 3.4 District's Duties. In consideration of the foregoing, the District agrees to perform the following tasks and activities and assume the following obligations and responsibilities: (A) No later than September 4, 2009, the designated election official for the City of Boulder, CO shall certify the order of the ballot and the ballot content. Such certification shall be delivered to the County Clerk. The order of the ballot and the ballot content shall include the names and office of each candidate for whom a petition has been filed with the designated election official of the City of Boulder, CO and any ballot issues or ballot questions to be submitted to the eligible electors. The District shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to C.R.S. 1-5- 412 shall be corrected at the expense of the District As also described in Sections 3.3(A) and (B) of this Contract the City of Boulder, CO shall submit the ballot layout to the County Clerk in a form acceptable to the Clerk. As an example, but not as a limitation, ballot texts shall not include graphs, tables, charts or diagrams of any kind. The Clerk shall not impose a modification requirement on the City of Boulder, CO which would alter the ballot text in any way. This provision is intended to allow the Clerk to process the ballot layouts in a cost effective, efficient manner in order to prepare them for printing. Additionally, the City of Boulder, CO shall submit an audio recording of good quality with the names of each candidate clearly spoken on the recording. This requirement is intended to aid the County Clerk in programming the audio component of the electromechanical voting equipment for the election(s). (B) Pursuant to Section 3.3(A) and (B) of this IGA, the City of Boulder, CO shall make any modifications to the ballot layout or audio recording(s) as requested by the County Clerk. If no modifications are requested, or after final modifications have been made to the ballot layout, City of Boulder, CO shall review, proofread, and approve the layout, format, and .text of the'final draft form' of the District's official ballot and/or TABOR Notice input within 24 hours of being provided the copy to be proofed. (C) Provide to the County Clerk all required TABOR Notices concerning ballot issues in the manner required by Article X, Section 20 of the Colorado State Constitution. The submission will include the ballot title, text, and fiscal history or any other required wording for the Notice on September 22, 2009. The early submission will expedite the typesetting of the variable data of the Notice which will allow the City of Boulder, CO sufficient time to proof read their portion of the Notice and will allow the printer to make a better judgment on the time it will take to print, address, and mail the notices. (D) Prepare and publish legal notices of the Election as required by law (E) Provide, if necessary, the names and telephone numbers of no less than three (3) individuals] who are capable of working on the election counting center's Inspection and Duplication Board on election night, or any other election activities that the Clerk requires help with, in her sole discretion. The names shall be submitted by the Election Officer to the Contact Officer no later than October 19, 2009. The supervisor of the Ballot Resolution and Duplication Board will provide instructions to the workers relative to their assigned task on election night before they perform their assigned duty. The Resolution and Duplication Board shall perform 'These individuals must be capable of performing detailed, sometimes-tedious job assignments related to receiving the voted ballots, preparing them for the Resolution and Tabulation process, or others tasks related to the election. their duties in the public meeting room on the first floor of the County Clerk and Recorder's office at 1750 33 d Street, Boulder no later than 7:00 p.m. on the evening of November 3, 2009. Each representative will be paid $10.00 per hour for his or her services, if they wish to. be paid. (F) The City of Boulder, CO shall be responsible for providing a minimum of one (1) person to represent the City of Boulder, CO on the Canvass Board, which shall be established as provided in The Colorado Revised Statutes (1-10-202 through 1-10-205). The name of the representative shall be submitted to the Contact Officer on or before October 20, the fifteenth day prior to the election. (G) To participate in all statutorily required election tests conducted by the County Clerk and pursuant to the County Clerk's direction. (H) Issue a certified statement of results by the statutory deadline, available in her office ten days after completion of abstract of votes cast, CRS 1-11-103(2)] following certification by the County Clerk of the District's final results and prepare an abstract of votes for each ballot issue. (I) Pay actual costs for the County Clerk's services directly related to conducting the election, 3.5 Cancellation of Election by the District. In the event that the District, at some time after the execution of this Contract, resolves not to hold the election, then notice of such resolution shall be provided to the County Clerk immediately. Initial notice to the County Clerk may be informal, however, as soon as possible, City of Boulder, CO shall provide to the County Clerk proof of formal action by the City of Boulder, CO governing body canceling the election or withdrawing a ballot issue(s). The City of Boulder, CO shall promptly pay the County Clerk the full actual costs of the activities of the County Clerk relating to the election incurred on the District behalf both before and after the County Clerk's receipt of such notice. The City of Boulder, CO shall publish notice, as defined in the Code, of such cancellation or withdrawal of ballot or questions in at least two newspapers of general circulation in Boulder County. The County Clerk shall post notice of the cancellation or withdrawal of ballot issues or questions in the office of the County Clerk and the Election Officer shall post notice of the cancellation at all buildings of the District. The City of Boulder, CO shall not cancel the election after the 25th day prior to the Election [C.R.S. 1-5-208(2)]. 3.6 Notices. Any and all notices required to be given by this Contract are deemed to have been received and to be effective: (1) three days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a fax was received to the fax numbers of the parties as set forth below or to such party or addresses as may hereafter be designated in writing. To County Clerk: To Alisa Lewis : Election Officer Carlos Webb, Elections Coordinator Alisa Lewis, City Clerk 1750 33rd St., Suite 200 1777 Broadway 2nd Floor Boulder, CO 80301-2546 Boulder, CO 80302 303-413-7745 303-441-3090 Fax: 303-413-7750 Fax: 303-441-4478 e-mail: cwebb(&co.boulder.co.us e-mail: lewisa@bouldercolorado.gov 3.7 Amendment This Contract may be amended only in writing, and following the same formality as the execution of the initial Contract 3.8 Integration. The parties acknowledge that this Contract constitutes the sole agreement between them relating to the subject matter hereof and that no party is relying upon any oral representation made by another part or employee, agent or officer of that party. 3.9 Actual Costs Defined. "Actual Cost" includes but is not limited to the costs of labor, printing, postage, and materials itemized, identified, and consumed for the conduct of the District's Election. 3.10 Damages for Negligence or Error. In the event that a court of competent jurisdiction finds that the Election for the City of Boulder, CO was void or otherwise fatally flawed due to a cause arising from the negligence of the County Clerk, then the County Clerk shall, refund or pay all amounts paid to the County Clerk, vendors or contractors designated by the County Clerk, together with reasonable court costs, and other itemized costs for the Election paid by the District, and shall, at the next available November election date, coordinate the election for the City of Boulder, CO at no cost to the District . In the event that a court of competent jurisdiction finds that the Election for the City of Boulder, CO was void or otherwise fatally flawed due to a cause arising from the negligence or error of the City of Boulder, CO the District shall pay the County Clerk its reasonable court costs, and any additional and reasonable costs incurred by the County Clerk as a result of or relating to the error or negligence by the District, or arising from litigation relating to the Election. I 1 Conflicts of this Contract with the Law, Impairment. In the event that any provision in this Contract conflicts with the law, this Contract shall be modified to conform to such law or resolution. 12 Time of Essence. Time is of the essence in the performance of the work under this Contract. The statutory time requirements of the Code shall apply to completion of the tasks required by this Contract 13 Good Faith. The Parties shall implement this Contract in good faith, including acting in good faith in all matters that require joint or coordinated action. 14 Third Party Beneficiary. The enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement shall be strictly reserved to the County Clerk and the District, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed this Contract. Boulder County City of Boulder, CO ag. Hillary Hall Date Jane S.Brautigam Date Boulder County Clerk and Recorder City Manager, City of Boulder ✓7 ago' ' Carlos Webb Date Alisa Lewis Date City of Boulder, City Clerk Election Contact Officer Elections Officer