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Home My Public Portal AboutRES-CC-2007-21RESOLUTION # 21-2007 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 2007 General Election; and WHEREAS, the State of Utah has mandated that all Counties provide election services for both the State and Municipal 2007 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 TT 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 25t day of September, 2007. Signed: .,6;TEST: CUL. Rachel Ellison City Reorder David L. Sakrison Mayor Resolution #21-2007 Page 1 of 1 Moab City Contract No. 07 — l Ol,p County Contract No. INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF MOAB CITY RECORDER'S OFFICE AND GRAND COUNTY COUNTY CLERK ELECTION'S DIVISION THIS AGREEMENT is made and entered into the 4th day of September, 2007, by and between CITY OF MOAB ("City"), and GRAND COUNTY, a political subdivision of the State of Utah ("County"), on behalf of the GRAND COUNTY Clerk's Office, Elections Division. 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 2007 general municipal election; 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. County shall provide election services to the City commencing on the date this Agreement is executed, and terminating on January 1, 2008. The term of this Agreement may be extended by mutual agreement in writing signed by all parties. Either party may cancel this Agreement upon thirty (30) days written notice to the other party. Upon such cancellation, each party shall retain 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. The services to be provided by the GRAND COUNTY Clerk's Office, Elections Division shall be to assist the City in conducting its general municipal election to be held on Tuesday, November 6, 2007, which services shall include but are not limited to: A. Assist the City in establishing polling places for voting precincts. B. Provide voting equipment, ballot boxes, ballots, paraphernalia, and all other necessary supplies for each established polling place. 1 C. Select and train poll workers and altemate poll workers as required by law for each polling place established. The City shall have final approval of the poll worker appointments. D. Provide the necessary voter registration lists for all polling locations. E. Provide the County tabulation equipment and the qualified and trained County personnel to operate the same. F. Provide the County computer equipment and necessary personnel to tabulate the votes. G. Provide the use of County security personnel for security during the ballot counting and tabulation process. H. Provide sufficient personnel to deliver, process, count and tabulate the ballots on the night of the primary and general municipal elections. I. Distribute and process all absentee ballots. J. Distribute and process all provisional ballots. .K. Prepare and deliver the election returns to the City of the votes cast at the general municipal election to enable the City to canvass the returns and declare the results. L. Such other services as required by the City to conduct its 2007 general municipal election. 3. The County and the City understand and agree that the 2007 general municipal election IS the City's election. 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 to resolve any and all election questions, problems, and legal issues that are within the City's statutory authority. 4. For such services, the City shall pay the County a fee to be determined and not to exceed $7,900.00. The items and rates are outlined in Exhibit "A," Schedule of Fees, attached to and by reference made a part of this Agreement. If the costs and expenses for conducting the elections increase to an excess of the amount, then the County and the City shall amend this Agreement to reflect the increase in the fee for a total not to exceed $7,900.00. 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 cost of responding to such events, based on a written invoice provided by the County for a total fee not to exceed $7,900.00. For such consideration, the County shall furnish all materials, labor and equipment to complete the requirements and conditions of this Agreement. 2 y. 5. The City and the County are governmental entities and subject to the Governmental Immunity ! Act of Utah, Utah Code Ann. §§ 63-30d-1, et seq. ("Act"). Subject to the provisions of the Act, each of the City and County agree to indemnify and hold harmless the other party, its agents, officers and n 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 and 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. If the Agreement is canceled by the City as provided herein, the City shall pay the County on the basis of the actual services satisfactorily performed according the terms of this Agreement and Exhibit "A." 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 in Exhibit "A." 7. The County, as part of the consideration herein, shall comply with all applicable federal, state and county laws governing elections. 8. To the extent permitted by law, the City agrees to indemnify and hold County harmless, including providing 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 (j) violated any state or federal law by providing election services under this Agreement. 9. 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; (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. To the extent that this Agreement requires administration other than as set forth herein, it shall be administered 3 by the City Recorder of the City and the County Clerk of the County, acting as a joint board. No real or personal property shall be acquired jointly by the parties as a result of this Agreement. To the extent that a party acquires, holds, and disposes of any real or personal property for use in the joint or cooperative undertaking contemplated by this Agreement, such party shall do so in the same manner that it deals with other property of such party. 10. This Agreement may be executed in counterparts by the City and the County. 11. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance. 12. This Agreement embodies the entire agreement between the parties and shall not be altered except in writing signed by both parties. 13. This Agreement must be approved the City Council through appropriate action, before it is effective. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. [SEAL] Attest: - c a Rachel Ellison City Recorder CITY O ' OAB By Mayor l ave Sakrison 4 GRAND COUNTY By Grand Casty Council Chair Jim Levis ATTEST: Diana Carroll Grand County Clerk/Auditor Approved as to form and compliance with applicable law: G' • D CO TY • ttomey Date: lU — n 0 5 R-2 c a Unincorporated Grand County 0 LI L .Q ___ 3 e ek R-2 D J RA-1 o _ o n Map showing portion of Official city of Moab Zoning Map as amended by Ordinance 2007-21 Q8 0 43 15' o o Unincorporated Grand County �d N A