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HomeMy WebLinkAboutResolution 8016 RESOLUTION NO. 8016 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONTRACT AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF MOUNDS VIEW FOR ELECTION SERVICES WHEREAS, the task of managing primary and general elections is a significant responsibility requiring exacting oversight and countless hours of training and staff development; and, WHEREAS, each year the election laws are revised and updated making the process increasingly complicated with complex procedural mandates; and, WHEREAS, on August 8, 2011, the Mounds View City Council approved a one-year contract with Ramsey County for election services for the 2012 Primary and General Elections; and WHEREAS, Ramsey County has offered to resume management and oversight of Mounds View's elections on a four-year contract agreement as attached with this resolution; and, WHEREAS, the cost of election services through Ramsey County for regular elections for the 2013-2014 calendar years will be $36,500; and WHEREAS, Ramsey County will provide the cost for the 2015-2016 calendar years to the City no later than April 1, 2014; and WHEREAS, the City would not be locked into a long-term contract and either party would have the right to terminate by giving six months notice to be effective January 1st of the following year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota, that it hereby approves entering into a four-year contract agreement for election services with Ramsey County at a cost of$36,500 for the 2013-2014 calendar years with a provision that costs for the 2015-2016 calendar years will be provided to the City no later than April 1, 2014. Ado d this 13th da of November, 2012. iv Z Jo Flaherty, Mayor ATTEST: )WNUL1 El&AA'CA/U James Ericson, City Administrator (seal) AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF MOUNDS VIEW FOR ELECTION SERVICES 2013-2016 This is an agreement between the County of Ramsey, through the Ramsey County Elections Office, 90 West Plato Boulevard, St. Paul, MN ("County") and the City of Mounds View, 2401 County Road 10, Mounds View, MN for the provision of election services by the County ("Agreement"). 1. Term This Agreement will be in effect for the four-year period from January 1, 2013 through December 31, 2016 ("Initial Term"), unless earlier terminated pursuant to the provisions of this Agreement. 2. Renewal and Termination This Agreement may be renewed for one additional four year period by written agreement of the parties, in the form of an amendment to this Agreement. An amendment for renewal of this Agreement must be executed by all parties no later than June 1, 2016. This Agreement may be terminated by any party by written notice to the other parties no later than June 1 of any year, effective on January 1 of the following year. Upon termination of this Agreement, the City-owned voting equipment, election supplies and related materials will be returned to the City. 3. County Responsibilities Except as otherwise provided in this Agreement, the County will provide all services, equipment, and supplies as required to perform on behalf of the City and all election-related duties of the City under the Minnesota election law and other relevant state and federal laws. These duties will include but are not limited to: • Recruitment, training, and supervision of staff to carry out the duties specified in this Agreement; • Annual inspection of polling places to verify compliance with all state and federal accessibility requirements; • Recruitment, training, and assignment of election judges; • Payment of compensation to election judges in an amount determined by the Ramsey County Board of Commissioners; • Operation, maintenance, testing, demonstration, storage, and technical support for electronic voting systems; Agreement for Election Services With Mounds View January 1, 2013-December 31, 2016 1 of 6 • Maintenance, storage, and replacement of voting stations for each polling place and for absentee voting purposes; • Preparation and transportation of voting systems, voting stations, and other election materials to and from each polling place; • Providing election forms, supplies, and other related materials for each polling place; • Conducting preliminary tests and public accuracy tests of electronic voting systems; • Programming, layout and printing of ballots for City elections; • Compilation and reporting of election results and election statistics for dissemination to the appropriate canvassing boards and the public; • Providing election-related information on the County web site; • Conducting recounts for City offices and ballot questions; • Preparing, posting, and publishing election notices; • Providing information and assistance on election laws and procedures to City officials, candidates, the news media, and the general public; • Administering absentee voting; • Administering campaign financial reporting and economic disclosure activities; • Performing duties of candidate filing officer, including acceptance of affidavits of candidacy and petitions; • Analyzing proposed state and federal laws on election-related matters to determine impact on the City; • Maintaining a database and preparing maps of election district and precinct boundaries; • Providing technical assistance to the city council in redrawing precinct boundaries as required; Agreement for Election Services With Mounds View January 1, 2013-December 31, 2016 2 of 6 • Retaining election records for at least 22 months following each election; and • Retaining permanent archive of election results. 4. City Responsibilities The City will perform the following election-related responsibilities: • Conduct official canvass of election results following each City election; • Accept affidavits of candidacy and filing fees from candidates for City offices; • Provide the title and text of City questions to be placed on the ballot; • Provide final approval for polling place locations; and • Designate a person who will be the principal contact for the City. 5. Office Space and Equipment Storage The County will provide suitable office and warehouse space to conduct all election-related activities and for storage of election equipment and supplies. 6. Upgrading or Replacing Voting Systems The County is in the process of acquiring a new voting system for state, County and City elections. The cost of upgrading or replacing voting systems is not included in this Agreement and will be the subject of a separate agreement. 7. Special Elections 7.1 The County will conduct all special elections required by law during the term of this contract. The costs of all special elections that are not held concurrently with a regularly scheduled state, County or City election will be paid separately from payments for regularly scheduled elections under this contract. 7.2 The City will pay all costs of any City special election that is not conducted on the date of a regularly scheduled City, County or state election. The City will also pay all costs applicable to the City of any state special election that is not conducted on the date of a regularly scheduled City or state election. 8. Insurance During the term of this Agreement, the County and City will maintain, Agreement for Election Services With Mounds View January 1, 2013-December 31, 2016 3 of 6 through commercially available insurance or on a self-insurance basis, property insurance coverage on the voting equipment each owns and for the repair or replacement of the voting equipment if damaged or stolen. Each party shall be responsible for any deductible under its respective policy. Each party hereby waives and releases the other parties, their employees, agents, officials, and officers from all claims, liability, and causes of action for loss, damage to or destruction of the waiving party's property resulting from fire or other perils covered in the standard property insurance coverage maintained by the parties. Furthermore, each party agrees that it will look to its own property insurance for reimbursement for any loss and shall have no rights of subrogation against the other parties. 9. Indemnification Each party to this Agreement will be responsible for its own acts and omissions, and the acts and omissions of its officials, employees, and agents, and the results thereof, to the extent authorized by law and shall not be responsible for the acts of the other party, its officials, employees, and agents, and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the parties shall be governed by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. This provision shall not be construed nor operate as a waiver of any applicable limits of or exceptions to liability set by law. This provision will survive the termination of this Agreement. 10. Legal Representation The Ramsey County Attorney's office will advise and represent the County in all election-related matters except that the Mounds View City Attorney will advise the County on any election-related matter applying to the Mounds View city charter and municipal code. 11. Election Costs and Payments 11.1 Regular Elections Payments to cover the costs incurred by the County in the performance of the provisions of this Agreement for regularly scheduled elections will be made by the City in eight equal quarterly amounts for each two-year budget period, for a total of 16 quarterly payments during the Initial Term of the Agreement, based on invoices submitted by the County. Payments will be due on March 31, June 30, September 30 and December 31 of each year. The cost of election services for Regular Elections for the 2013- 2014 calendar years will be $36,500. The County will provide the cost for the 2015-2016 calendar years to the City no later than April 1, 2014. The County will base the cost Agreement for Election Services With Mounds View January 1, 2013-December 31, 2016 4 of 6 for the 2015-2016 budget period on the actual cost for the previous similar election years, adjusted as necessary by the County to account for the following factors: 1) estimated voter turnout; 2) labor contracts and agreements for non-represented employees approved by the Ramsey County Board of Commissioners; 3) changes in the Consumer Price Index for the Minneapolis-Saint Paul metropolitan area, as determined by the U.S. Bureau of Labor Statistics for the previous two-year period; 4) changes in state, federal, County or City legal requirements, as applicable; and 5) other factors having a significant impact on election costs. 11.2 Special Elections The County will submit an invoice payable within 30 days of receipt to the City for all costs incurred by the County to conduct a special election. 11.3 Costs resulting from changes to election laws The County will notify the City of additional costs that it will incur as a result of changes to applicable election laws. The County will include and separately identify in any invoice for a regular election or a special election the cost that was incurred as a result of the enactment of new election laws. 12. Data Practices All data created, collected, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. 13. Alteration Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writing and duly signed by all parties. Any amendment must be approved no later than June 1 of any year for implementation on January 1 of the following year. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral and written negotiations. Agreement for Election Services With Mounds View January 1, 2013-December 31, 2016 5 of 6 IN WITNESS THEREOF, the parties have executed this Agreement as of the last date written below. RAMSEY COUNTY CITY OF MOUNDS VIEW Julie Kleinschmidt Joe Flaherty County Manager Mayor Date: Date: Approval recommended: Approval recommended: Mark Oswald, Director Jim Ericson Property Records and Revenue City Administrator Approved as to form and insurance: Assistant County Attorney City Attorney Agreement for Election Services With Mounds View January 1, 2013-December 31, 2016 6 of 6