HomeMy Public PortalAboutRES-CC-2017-45RESOLUTION # 45-2017
A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT
FOR THE PROVISION OF ELECTION SERVICES BY AND BETWEEN THE CITY OF
MOAB AND GRAND COUNTY
WHEREAS, the State of Utah has mandated a statewide election to coincide with the City's
2017 General Election; and
WHEREAS, the State of Utah has mandated that all Counties provide election services for both the
State and Municipal 2017 General Elections; and
WHEREAS, Moab City and Grand County have determined that those services can best be
provided through the creation of an Interlocal Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that:
1. The Council hereby authorizes and approves the Agreement in substantially the form
presented to this meeting of the Moab City Council.
2. The appropriate officials are hereby authorized and directed to execute and deliver the
Agreement in substantially the form presented to this meeting of the Council.
3. This resolution shall be effective immediately upon its passage.
PASSED AND APPROVED THIS 27th day of June, 2017.
Signed:
Mayor Pro -
EST:
Rachel E. Stenta
City Recorder -
Tawny Knuteson-goyd
Resolution #45-2017 Page 1 of 1
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
GRAND COUNTY
on behalf of the
GRAND COUNTY CLERK'S OFFICE, ELECTIONS DIVISION
-AND-
THE CITY OF MOAB
THIS AGREEMENT is made and entered into the "- day of-t,vvv2�
2017, by and between GRAND COUNTY, a political subdivision of the State of Utah ("County"),
on behalf of its Clerk's Office, Elections Division, and the City of Moab ("City"). The County
and the City are sometimes referred to collectively as the "Parties" and may be referred to
individually as a "Party."
WITNESSETH:
WHEREAS, the County desires to provide the services of its Clerk's office, Elections
Division, to the City for the purpose of assisting the City in conducting the City's 2017 primary
and general municipal elections; and
WHEREAS, the City desires to engage the County for such services;
NOW, THEREFORE, in consideration of the promises and covenants hereinafter
contained, the Parties agree as follows:
1. Term. County shall provide election services to the City commencing on the date
this Agreement is executed, and terminating on January 1, 2018. The term of this Agreement may
be extended by mutual agreement in writing signed by all Parties. Either Party may cancel this
Agreement upon sixty (60) days written notice to the other party, unless cancellation would
jeopardize the conduct of the next election. Upon such cancellation, each Party shall retain
1
ownership of any property it owned prior to the date of this Agreement, and the City shall own any
property it created or acquired pursuant to this Agreement.
2. Scope of Work. The services to be provided by the Grand County Clerk's Office,
Elections Division, shall be as set forth in the Scope of Work, attached hereto and incorporated by
reference as Exhibit A. Generally, the County Clerk shall perform all elections administration
functions as set forth in Exhibit A and as needed to ensure implementation of the City's 2017
primary and general municipal election.
3. Legal Requirements. The County and the City understand and agree that the 2017
primary and general municipal election are the City's elections. The City shall be responsible for
compliance with all legal requirements for these elections and shall direct the manner in which the
elections are conducted. County agrees to work with the City in complying with all legal
requirements for the conduct of these elections and conduct these elections pursuant to the
direction of the City. The City, not the County, is responsible for resolving any and all election
questions, problems, and legal issues that are within the City's statutory authority. The point of
contact for all communications under this Agreement shall be Rachel Stenta, on behalf of the City,
and Diana Carroll, on behalf of the County. In the event that the County is alerted to any protest
or objection as to the administration of the City election, it shall promptly notify the City as to the
nature of same. As the election official, Rachel Stenta, shall be responsible for providing direction
to the County to resolve any election -related compliance issues.
4. Cost. In consideration of the services performed under this Agreement, the City
shall pay the County an amount not to exceed the rate estimate given to the City by the County in
Exhibit B. The County shall provide a written invoice to the City at the conclusion of the elections,
and the City shall pay the County from the invoice within thirty (30) days of receiving it. The
2
invoice shall contain the number of active registered voters as of one week before Election Day,
the rate used, and jurisdictions participating in the election(s). In the case of a vote recount,
election system audit, election contest, or similar event arising out of the City's election, the City
shall pay the County's actual cost of responding to such events, based on a written invoice provided
by the County. In this Agreement the term actual cost shall be defined to mean the hourly wage
cost of County election staff, excluding employee benefits, incurred in the performance of services
under this Agreement, together with all copying or vendor costs incurred as part of that service.
The invoice amount for these additional services may cause the total cost to the City to exceed the
estimate given to the City by the County. For such consideration, the County shall furnish all
materials, labor and equipment to complete the requirements and conditions of this Agreement.
5. Governmental Immunity. The City and the County are governmental entities and
subject to the Governmental Immunity Act of Utah, Utah Code Ann. §§ 63G-7-101, et seq. ("Act").
Subject to the provisions of the Act, the City and County agree to indemnify and hold harmless
the other Party, its agents, officers, and employees from and against any and all actions, claims,
lawsuits, proceedings, liability damages, losses and expenses (including attorney's fees and costs)
arising out of or resulting from the performance of this Agreement to the extent the same are caused
by any negligent or wrongful act or omission of that Party, its officers, agents, or employees.
Nothing in this Agreement shall be deemed a waiver of any rights, statutory limitations on liability,
or defenses applicable to the City or the County under the Act.
6. Election Records. The County shall maintain and keep control over all records
created pursuant to this Agreement and to the elections relevant to this Agreement. The County
shall respond to all public record requests related to this Agreement and the underlying elections
and shall retain all election records consistent with the Government Records Access and
3
Management Act, Utah Code Ann. §§ 63G-2-101 et seq. (GRAMA) and all other relevant local,
state and federal laws. In the event that the City receives a GRAMA request, subpoena, or other
legal request to produce records pertaining to its administration of City elections, the County
agrees to promptly provide copies of all election records kept under this Agreement to the City.
7. Service Cancellation. If the Agreement is canceled by the City as provided herein,
the City shall pay the County on the basis of the actual cost of services performed according to the
terms of this Agreement. Upon cancellation of this Agreement, the County shall submit to the
City an itemized statement for services rendered under this Agreement up to the time of
cancellation and based upon the dollar amounts for materials, equipment and services set forth
herein.
8. Legal Compliance. The County, as part of the consideration herein, shall comply
with all applicable federal, state and county laws governing elections.
9. Indemnification. To the extent permitted by law, the City agrees to indemnify and
hold County harmless, including providing reasonable legal defense costs on behalf of the County,
as a result of any legal or administrative claim, action, or proceeding brought against the County
by any person or entity claiming that the County violated any state or federal law by providing
election services under this Agreement.
10. Interlocal Agreement. In satisfaction of the requirements of the Interlocal
Cooperation Act, Title 11, Chapter 13, Utah Code Annotated 1953, as amended ("Interlocal Act"),
in connection with this Agreement, the City and the County (for purposes of this section, each a
"Party" and collectively the "Parties") agree as follows:
(a) This Agreement shall be approved by each Party, pursuant to § 11-13-202.5
of the Interlocal Act;
4
(b) This Agreement shall be reviewed as to proper form and compliance with
applicable law by a duly authorized attorney on behalf of each Party, pursuant to Section
11-13-202.5 of the Interlocal Act ;
(c) A duly executed original counterpart of the Agreement shall be filed with
the keeper of records of each Party, pursuant to § 11-13-209 of the Interlocal Act;
(d) Each Party shall be responsible for its own costs of any action done pursuant
to this Agreement, and for any financing of such costs; and
(e) No separate legal entity is created by the terms of this Agreement.
11. Counterparts. This Agreement may be executed in counterparts by the City and
the County.
12. Governing Law. This Agreement shall be governed by the laws of the State of
Utah both as to interpretation and performance.
13. Integration. This Agreement, with attached exhibits, embodies the entire
agreement between the Parties and shall not be altered except in writing signed by both Parties.
14. No Third Party Beneficiaries. The Parties to this Agreement are the City
and County; no third party shall have rights or standing to seek the interpretation or enforcement
of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year
first above written.
MOAB CITY
Tawny Knuteson-Boyd
5
City Recorder, Rachel Stenta
6
Approved as to form and compliance
with applicable law:
Ci y Attome , Chnstop er McAnany
Date: 1 - _ 11
GRAND COUNTY COUNCIL
By:
ATTEST:
Diana Carroll
Grand County Clerk/Auditor
Approved as to form and compliance
with applicable law:
7
Exhibit A
2017 Municipal Elections
Scope of Work for Election Services
The County shall provide to the City an Official Register as required by Utah Code Ann.
§ 20A-5-401, (as amended).
The City shall perform all administrative functions related to candidate filing requirements
and all other requirements of Utah Code Ann. § 20A-9-203 (as amended), including all
administrative functions related to financial disclosure reporting.
The City shall be responsible for all Public Notice(s) required by law. The City may work
with the County to publish notices jointly with other jurisdictions.
The City shall be responsible for collecting and delivering ballots that are placed in drop
boxes within the City to the County in a timely manner and according to a schedule agreed upon
by the City and the County up through and including the end of Election Night.
The City agrees to consolidate all elections administration functions in the County Clerk
to ensure the successful conduct of multiple, simultaneous municipal elections. In a consolidated
election, decisions made by the County regarding resources, procedures and policies are based
upon providing the same scope and level of service to all the participating jurisdictions and the
City recognizes that such decisions shall be made for the benefit of the whole. The County agrees
to consult in advance with the City regarding resources, procedures, and policies to assure
compliance with the remainder of this Agreement. Nothing in this Exhibit A shall be deemed to
repeal or impair the allocation of responsibility otherwise provided in the Agreement. Services
the County will perform for the City include, but are not limited to:
• Ballot Layout and Design
• Ballot Printing
• Ballot Mailings
• Printing Optical Scan Ballots
• Program and Test Voting Equipment
• Program Electronic Voter Register
• Poll Worker Recruitment and Training
• Delivery of Supplies and Equipment
• Tabulate and Report Election Results to the City (the City will publish on the City on
City Website)
• Provisional Ballot Verification
• Update Voter History Database
• Conduct Audits (as required)
• Conduct Recounts (as needed)
• Election Day Administrative Support
• Operation of one (1) county wide vote center and one City vote centers (Exhibit C)
The City will provide the County Clerk with information, decisions, and resolutions and
will take appropriate actions required for the conduct of the election in a timely manner.
1
The County will provide a good faith estimate for budgeting purposes (Exhibit B). Election
costs are based upon the offices scheduled for election, the number of voters, and the number of
jurisdictions participating. The City will be invoiced for its share of the actual costs of the elections
which will not exceed the estimated rate in Exhibit B.
In the event of a state or county special election being held in conjunction with a municipal
election, the scope of services and associated costs, and the method of calculating those costs, will
remain unchanged. The costs will be divided between participating jurisdictions in a manner that
is agreed upon by the jurisdictions involved.
2
Exhibit B
2017 Municipal Elections
Cost Estimate for Election Services
Below is the good faith estimate for the upcoming 2017 Municipal Election for Moab City.
The City will be billed for actual costs for each election, according to the number of active
registered voters, and the per voter rate will not exceed the estimated rate of $1.55-$1.65 per active
registered voter per election. The number of active registered voters will be determined by the
registration deadline, one week prior to each election.
*Current as of June 2017
3
Exhibit C
2017 Municipal Elections
Vote Centers
2017 Locations
Grand County Clerk''s Office'
Moab City Hall
4