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HomeMy WebLinkAboutResolution 10292 - 2026/09/14RESOLUTION NO 10292 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING AN 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 executing 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 the first agreement with Ramsey County for election services for 2013 — 2015, with agreements continuing through 2026; and WHEREAS, Ramsey County has offered to resume management and oversight of Mounds View's elections as attached with this resolution for 2027 — 2032; and WHEREAS, the cost of election services through Ramsey County for regular elections for the 2027 — 2028 calendar years will be $77,859.38; and WHEREAS, Ramsey County will provide the cost for the 2029 — 2030 calendar years to the City no later than April 1, 2028; and WHEREAS, Ramsey County will provide the cost for the 2031 — 2032 calendar years to the City no later than April 1, 2030 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 1 st of any year, effective on January 1 st 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 agreement for election services with Ramsey County at a cost of $77,859.38 for the 2027 — 2028 calendar years, with a provision that costs for the 2029 — 2030 calendar years will be provided to the City no later than April 1, 2028, and the costs for the 2031 — 2032 calendar years will be provided to the City no later than April 1, 2030, as shown in the Agreement between Ramsey County and the City of Mounds View for Election Services (Exhibit A - attached). ay of September 2026. ch Lindstrom, Mayor ATTEST: All T1 Nyle Zi and ity dministrator (Seal) Agreement Between Ramsey County And the City of Mounds View 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 ("County"), and the City of Mounds View ("City") for the provision of election services by the County ("Agreement"). 1. Term This Agreement will be in effect for the period from January 1, 2027, through December 31, 2032 ("Initial Term"), unless earlier terminated pursuant to the provisions of this Agreement. 2. Termination This Agreement may be terminated by either party by written notice to the other party no later than June 1 of any year, effective January 1 of the following year. Upon termination of this Agreement, City -owned voting equipment and election materials in the County's possession will be returned to the City. If termination occurs during an active election cycle, the County will complete all election activities underway, and the City will remain responsible for associated actual costs incurred through completion of those activities. 3. General Agreements This Agreement only applies to precincts located solely within Ramsey County. The County will not perform any election related duties or services for precincts located in another county unless an agreement authorizing such services has been executed. a) This Agreement only applies to regularly scheduled elections. b) 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 will be billed to the City for the actual costs incurred to conduct the special election. The City will pay actual costs associated with any state special elections that are not conducted on the date of a regularly scheduled City or state election. c) If a City primary is required, the City will pay all costs applicable to the primary. The County shall invoice the City separately for the costs of the primary at actual cost. d) The costs for recounts for City elections will be billed separately from this agreement for the actual costs incurred. e) The costs to administer absentee voting locations beyond the locations set by the County will be billed separately from this agreement for the actual costs incurred. If the County agrees to establish an additional absentee voting location at the City's request, the City will be responsible for the actual costs incurred. The County retains sole discretion to determine whether any additional absentee voting location will be established and the dates and times the location will be open to the public. Absentee voting locations administered by the County will serve all voters in the County. f) Costs related to changes in election laws during the duration of this contract will be billed separately from this agreement for the actual costs incurred. Costs may be adjusted based on voter turnout, labor contract changes approved by the Ramsey County Board, or other changes in legal requirements. "Actual costs" means documented and reasonably incurred personnel costs, materials, contracted services, equipment rental, and overhead directly related to the administration of the election for which the City is billed. g) The costs for ranked choice voting tabulation, ballot reallocation, or related election administration for the City will be billed separately from this agreement for the actual costs incurred. 4. 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 specified in this Agreement. These duties will include: a) Recruit, train, and supervise staff to carry out the duties specified in this Agreement b) Conduct annual inspections of the polling places established by the City to verify compliance with all state and federal accessibility requirements; make suggestions about polling locations to City based on feedback from voters, election judges, the polling location's administration, and annual surveys. c) Pay all rental costs of the Election Day, absentee, and early voting polling places. d) Recruit, train, assign, and payment of the election judges. Compensation to election judges will be in an amount as determined by the Ramsey County Board of Commissioners. e) Selection and administration of an election judge management system. f) The County will provide interpreters and written translation of voter information materials when required by federal, state, or County language -access policies applicable to election administration. Additional translation services requested by the City will be billed at actual cost. g) 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 among the County and the municipalities in Ramsey County to administer the County's voting systems. h) Programming, layout, legal review, and printing of ballots for City. 2 i) Prepare and transport all election materials to and from each Election Day, absentee, and early voting polling place. Provide election forms, supplies, voting equipment, and other related materials for each Election Day polling place. j) Provide on -street parking and metered parking for early voting, absentee, and Election Day polling places. k) Compilation, auditing, and reporting of 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. 1) Provide election -related information on the County web site relating to City elections. m) Conduct recounts for City offices and ballot questions. n) Prepare, post, and publish notices of filing and the sample ballots • The County will publish required notices using the County's authorized newspaper. • The County will prepare and post required notices of temporary or permanent polling place changes as required by applicable law, including exterior posting at former polling place locations when required. o) Administer all aspects of absentee voting carried out by the city clerk including all in -person absentee voting activities at absentee voting locations determined bythe Ramsey County Auditor. p) Administer campaign financial reporting and economic disclosure activities designated to the city clerk. q) Perform all duties of the candidate filing officer, including acceptance of affidavits of candidacy and petitions. r) Maintain a database and prepare maps of election districts and precinct boundaries. Provide maps in digital and print formats, available to the public. s) Retain all election records in accordance with applicable Minnesota election record retention requirements. S. City Responsibilities The City will perform the following election -related responsibilities: a) Provide the County with an inventory list of voting equipment and election related materials, owned by City in the County's possession, to be returned by the County upon termination of Agreement. b) The City may elect to serve as the candidate filing officer for the City offices. If the City elects to do so, the City remains responsible for all statutory duties associated with candidate filing and timely transmission of candidate information to the County. c) Conduct official canvass of election results following every City election. d) Issue Certificates of Election. e) Attend annual pre -election meetings held by the County. f) Send required mailed notice of levy referendum. g) Provide recruitment information about serving as an election judge within City. h) Provide notice of candidates to be elected and notice of special elections as required by applicable law. i) As needed, the City will identify new locations that it prefers to use as precinct polling places on Election Day. Provide resolution of approved polling locations to the County. j) Designate a person who will be the principal contact for the City. 6. 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. Storage costs are included in the payments described in Section 7 unless otherwise separately identified in this Agreement. 7. Costs and Payment Payments to cover the costs incurred by the County in performing 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 24 quarterly payments during the Initial Term of the Agreement. Payments are due on March 31, June 30, September 30, and December 31 of each year. The cost of election services for regular elections for 2027-2028 will be $77,859.38. The County will provide the cost for 2029-2030 to the City no later than April 1, 2028, and the cost for 2031-2032 no later than April 1, 2030. 8. Voting 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.Insurance Each party shall maintain such insurance as will protect such party from claims which may arise out of, or result from, the party's actions under this Agreement. During the term of this Agreement, the County and City will maintain, through commercially available insurance or on a self-insurance basis, property insurance coverage on the voting equipment owned by each party, 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 party, 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. 10. 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 resulting liabilities, 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. 11. 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. The parties shall maintain records in accordance with applicable records retention requirements under Minnesota law. 12. 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 intended to apply to an upcoming cycle should be approved no later than June 1 of the preceding year unless otherwise agreed by the parties. 13. Election Emergencies/Force Majeure Neither party shall be deemed in breach of this Agreement for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, cyber incidents, public health emergencies, civil disturbances, utility failures, acts of government, or other emergencies materially affecting election administration. The parties shall cooperate in good faith to implement legally compliant alternative procedures when feasible. 14. Dispute Resolution The Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this Agreement shall be venued in the appropriate State or Federal District Court in Ramsey County, Minnesota. 15. Severability The provisions of this Agreement are severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. 16. Independent Contractor It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the County as the employee of the City for any purpose or in any manner whatsoever. The County is an independent contractor and neither it, its employees, agents, nor its representatives are employees of the City. 17. Entire Agreement This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral and written negotiations. 18. Conflicting Agreements In the event of a conflict between this Agreement and any separate voting systems agreement, Joint Powers Agreement, or other election -related agreement between the parties, the agreement governing the more specific subject matter shall control. Signatures on next page IN WITNESS THEREOF, the parties have subscribed their names as of the date written below. RAMSEY COUNTY By: Rafael E. Ortega (District 5, Chair) Ramsey County Board of Commissioners Date: By: Jason Yang, Chief Clerk Ramsey County Board of Commissioners Date: Approval recommended: By: David Triplett Deputy Director, Property Tax, Records and Election Services Approved as to form: By: Assistant County Attorney CITY OF MOUNDS VIEW By: Nyle '<mund City Administrator B a indstrom Mayor l Date: 7