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HomeMy WebLinkAboutResolution 9315RESOLUTION NO 9315 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONTRACT AGREEMENT BETWEEN RAMSEY COUNTY AND THE CIY 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 November 13, 2012, the Mounds View City Council approved a contract with Ramsey County for election services for 2013 — 2015; and WHEREAS, on June 13, 2016, the Mounds View City Council renewed the contract with Ramsey County for election services through 2020; and WHEREAS, Ramsey County has offered to resume management and oversight of Mounds View's elections as attached with this resolution for 2021 — 2026; and WHEREAS, the cost of election services through Ramsey County for regular elections for the 2021 — 2022 calendar years will be $62,529.60; and WHEREAS, Ramsey County will provide the cost for the 2023 — 2024 calendar years to the City no later than April 1, 2022; and WHEREAS, Ramsey County will provide the cost for the 2025 — 2026 calendar years to the City no later than April 1, 2024; and WHEREAS, the City would not be locked into a long-term contract and any party may terminate the agreement with written notice by June 1st of any year, effective on 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 six (6) year contract agreement for election services with Ramsey County at a cost of $62,529.60 for the 2021 — 2022 calendar years, with a provision that costs for the 2023 — 2024 calendar years will be provided to the City no later than April 1, 2022, and the costs for the 2025 — 2026 calendar years will be provided to the City no later than April 1, 2024, as shown in the Agreement between Ramsey County and the City of Mounds View for Election Services (Exhibit A - attached). Adopted this 12th day of October, 2020. G_ Carol A. Mueller, Mayor .'ATTEST; /—)z / N!ikmupe, City Administrator Agreement Between Ramssy County And the City of Mounds Vierr for Election Services This is an agreement between the County of Ramsey, through the Ramsey County Elections office, 90 West Plato Boulevard, St. Paul, MN ("Courty"), and the City of Mounds View (,,City") for the provision of election services by the County ("Agreemenf ). 1. Term This Agreement will be in effect forthe period from Januaty 1, ilO2lthrough December 31, 2026 ("lnitial Term"), unless earl'ter terminated pursuant to the provisions of this Agreement. 2, Renewel and Termlnation This Agreement may be renewed for one additionaltwo-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 t,2026 This Agreement may be terminated by any pany by written notice to the other parties no later than June t of any year, effectfue on January 1of the followingyear. Upon termination of this Agreement, the City-owned voting equlprnent and materlals previousty owned by the City related to elections will be returned to the City. 3. General Agreements a) This Agreement only applies to precincts located solely within Ramsey County. b) This Agreement only applies to regularly scheduled elections. c) The County will conduct all special elections required by law during the term of this Agreement on behalf of City. The costs of all special elections that are not held concurrently with a regularly scheduled State, County or City election witl be billed to the City for the actual cost realized to conduct a special election. The City will also pay all costs applicable to any state special elections that are not conducted on the date of a regularly scheduled City or state election. d) lf a City primary is required, the City will pay all costs applicabte to the primary. The County shall invoice the City separately for the costs of the primary. e) The costs for Recounts fior City elections will be billed separately from this agreement forthe actual costs realized. f) The costs for Ranked Voting Reallocatlon for the City will be billed separately from this atreernent for the actual costs realized. b) County Responslbilltles Except as otherwise provided in this Agreement, the County will provide allservices, equipment, and supplies as required to perform on behalf of the City and all election-related duties of the City specified in this Agreement. These duties wiil include: a) Promote and advance the strategic priorities and values of Ramsey County: peopl", Integrity, Community, Equity and Leadership. Recrult, train, and supervise staff to carry out the duties specifled in this Agreernent. conduct annual inspection of the polling places established by the city accordingto Minnesota Statutes section 2048.16 in order to verifo compliance with all state and federal accessibltity requlrements; make suggestions about polling locations to City based on feedback frorn voters, election judges, the polling location's administration, and annual surveys. Pay all rentalcosts for the Election Day, absentee, and early voting polling places. Recruit, train, assign, and pay election judges. Compensation to election judges will be in an amount as determined by the Ramsey county Board of commissioners. select and administer an election judge management system. Procure and provide interpreter services to be available at absentee, early voting, and Election Day locations in accordance with Section 203 of the federal Voting Rights Act. Carry out the duties of the city clerk described in Minnesota Election Law regarding the administration of the voting system and the requirements set-forth in the Joint powers Agreement between the County and the rnuniclpalities in Ramsey County to administer the County's voting systems. Program, layout, approve, and print the ballots for allcity electlons. Prepare and transport allelection materials to and from each Election Day, absentee, and early votlng polllng place. Provide etection signs, fiorrns, supplies, voting equipmenL and other related materlals for each Election Day polling place. Provide on-street parking and metered parking for early voting, absentee, and Election Day polling places. Compile, audit, and report election results and election statistics for dissemination to the appropriate canvassing boards, the public, and the media. Provide copy of election abstract to be used by City for their canvass. d) e) s) h) ml Provide election-related information on the county web site relatinS to city elections. n) Conduct recounts for City offices and bailot questions. o) Prepare, post, and publish notices of filing and election as required by Minnesota statutes sections 205.13 and 205.15. publish, post, and provlde the sample ballots as required by Minnesota Statutes section 205.16 p) Administer all aspects of absentee voting, carried out by the Clerk in Mlnnesota Chapter 2038, including all in-person absentee voting activities at absentee voting locagons determined by the Ramsey County Auditor. q) Administer campaign finance reporting and economic disclosure activities designated to the city clerk In accordance with Minnesota Election Law. r) Perform all duties of the candidate filing officer, including the acceptance of affidavits of candidacy and petitions. s) Maintain a database and prepare maps of election districts and precinct boundaries. provide maps in digital and print forrnats, available to the public. t) Retain allelection records in accordance with Minnesota Election Law and data retention requirements. u) Conduct civic engagement events regarding voter registration, absentee votin& election judge recruitment, and election related civics, v) Recruit student elections iudges and teacher liaisons as part of Ramsey County's Student Election Judge program. 5. City Rerponsibllltles The City will perform the following election-related responsibilities: a) Provide the County with an inventory list of votlng equipment and election related materials, owned by City, to be returned by the County upon termination of Agreement. b) Conduct the canvass of election results following every City election. c) lssue Certificates of Election in accordance with Minnesota Statutes sections 2O5.lgS & 211A.05. d) Attend annual pre'election meetings held by the County and comphte trainings required for state election officials as determlned by the Minnesota Secretary of State. e) Send required mailed notice of levy referendum in accordance with Minnesota Statutes section L26C.L7, subd.9(b). Provide recruitment information about serving as an election judge within city and on the city's website. Provide the title and text of City questions to be placed on the ballot in accordance with Minnesota Statutes 205.16 subd.4 or sections 205A.05, subd.3 As needed, identify new locations the City would prefer to use as precinct polling places on Election Day. Annually approve polling places in accordance with Minnesota Statutes section 2048.16. Provide resolution of approved polling locations to the County by the December 31 deadline set forth in section 2048.16. Draft, schedule, and approve all resolutions required of the City in Minnesota Election Law to administer elections. j) Designate a person who will be the principalcontact for the county. 6. Offlce 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. 7. Coets and Payment 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 a two-year budget perlod, for a total ol24 quarterly payments during the Initial Term of the Atreement. Payrnents wlll be due on March 31, June 30, September 30 and December 3l of each year. The cost of election services for Regular Elections for the zo?.l-zo}zcahndar years wlll be 562,529.60. The County will provide an initialcost estimate forthe 2023-2024 calendar yeani to the City no later than April 1, 2022, and an initial cost estimate for the 2025-2026 calendar years by April \2424. Such initial cost estimates will become flnal if the County does not provide an updated cost estimate by July 1 of the yearthe cost estimates are provided. costs will be 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 lndex forthe Minneapolis-Saint paul metropolitan area, as determined by the U.S. Bureau of labor Statistics for the previous truo-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. The County will notify the City of additional costs that it will incur as a result of changes to applicable election laws. The County willinclude and separately identify in any invoice for a regular election or a specialelection the cost that was incurred as a result of the enactment of new election laws. s) h) 8. Votlng Systems The cost of the operation and maintenance of the voting system is not included in this Agreement and is the subject of a separate agreement. 9. Insurancc Each party shall maintain such insurance as will protect such party from claims which may arise out of, or result fmm, the party's actions under this Agreement. During the terrn of this Agreement, the County and City wlll malntaln, through commercially available insurance or on a self-insurance basis, property insurance coverage on the voting equipment each owns, forthe 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 ernployees, agents, officials, and officers from allclaims, liability, and causes of action for loss, damage to or destruction of the waiving party's property resulting from fire or other perlls covered in the standard property insurance covera8e maintained by the parties. Futthermore, each party agrees that it will look to its own property insurance for reimbursement for any loss and shall have no rights of subrogatlon against the other parties. 10. Indemnlflcatlon Each party to this Agreernent wilt be responsible for its own acts and omissions, and the acts and ornisslons 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 offlcials, employees, and agents, and the resuhs thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the parties shallbe governed by the provisions of Minnesota Statutes Chapter 4G6 (Toft Liability, PoliticalSubdlvisions) or other appticable law. This provision shatl not be construed nor operate as a waiver of any applicable limits of or exceptions to liability set by law. This prov'sion will suruive the termlnation of this Agreement. 11. Data Prastlces 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. 12. Alteratlon Any alteration, variation, modiflcation, 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 t of any year for implementation on January 1 of the following year. 13. Dispute Resolutlon The Agreement shall be interpreted and construed according to the laws of the State of Mlnnesota. All litigatlon regarding this Agreement shall be venued in the appropriate State or Federal District Court in Ramsey County, Minnesota. 14. Severablllty The provlslons of this Agreement are severable. lf any part of thls Agreement is rendered void, invalld or unenforceablg such rendering shall not affect the valldity and enforceability of the rernainder of this Agreement. 15. lsgal Representation The Ramsey County Attorney's office wlll advise and represent the County in all electlon-related mattens. 16. lndeperdcnt Conffactor It is agreed that nothing in this contract is intended or should be construed as meating the relationship of agents, partners, jolnt ventures, or associates between the parties hereto or as constltutingthe County as the employee of the City for any purpose or in any manner whatsoever. The County is an independent contnctor and neither it, its emptoyees, agents, nor its representatives are employeesof the Clty. 17. Entlre AEFeement This Agreement shall constitute the entlre agreement between the parties and shallsupersede all prlor oral and wrltten negotiations. lN WITNESSTHEREOF, the partles harc subscribed thelr names as of thc hst date wrltten below. RAMSEY COUNTT CITY OF MOUNDS V|n'\' Tonl Carter, Chalr Ramsey Coqng goard of Commissionersortc /Z/ t /%>4 irfl;w,* OrvlO Electlons Manager Asslstent Cou nty Attorn ey November 20,2020 t%soluhan BzaZO-Z+l A. rt0t*\lct, lvb?ar