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HomeMy WebLinkAboutbocc.con.255.2008 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT 255-2008 ORIGINATING DEPARTMENT/DIVISION: Clerk and Recorder CONTACT PERSON: Janice Vos Caudill PHONE 2710 PROJECT NAME: General/Coordinated Election ? BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ? Over $50,000 (Requires County Manager's Signature) ? CHECK PROCUREMENT TYPE: ®None ?Informal ?Formal ?Sole Source ?Emergency ?State Bid ? ?Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, etc ®DOLLAR AMOUNT: Time and Charges BUDGET LINE ITEM/LEDGER NUMBER: 001-09-00000-62890 ? CHECK CONTRACT TYPE: ®Services/Maintenance ?Employment (for county employees) ?License/Use ?Intergovernmental Agreement (Requires BOCC Action) ?Lease ?Non-Profit ?Construction ?Quasi-Public ?Goods, Equipment, Supplies ?Grant Agreements (Requires BOCC Action) ?Other (e.g. revenue) ?Change Order/Contract Amendment CONTRACTOR: City of Aspen COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:08/13/08 Contract End Date: 11/05/08 Automatic Renewal: ?Yes ®No Term of Contract: General Election 4,' All Contracts should be proofed for the following: ? ®No Pages Missing ? ®If a Page is Left Intentionally Blank -Note on Page f , ? ®Page numbered consecutively ~ Pq ? ?All Signatures Affixed /v,,~•pr~ ? ®All Dates Filled In I ? ®All Other Blanks Filled In ? ®All Exhibits Attached ? ?HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract ? ?All Legal Descriptions Attached (if applicable) ? ?Notice of Awazd/Notice to Proceed Attached (if applicable) ? ? Warranty (if applicable) ? ?Special Instructions for Finance Department: ? ®Sent to Clerk and Recorder for Scanning/Archiving ? ®Authorized Staff Person's Name: Janice Vos Caudill BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ~C'EIVED AUK 2 y ?008 By_ LETTER OF AGREEMENT This Letter of Agreement shall serve as the Intergovernmental Agreement between the Pitkin County Clerk & Recorder (hereinafter referred to as "County Clerk") and GtrY of (print or type name of district exactly as it should appear on the ballot) in Pitkin County (hereinafter referred to as "District") and shall be signed and returned to the County Clerk and Recorder no later than September 5, 2008 by 4:30 P. M. 1. PURPOSE. Pursuant to the terms of this agreement, the County Clerk and District agree to the scheduling of a November 4, 2008 General/Coordinated Election, such election defined as involving more than one political subdivision with overlapping boundaries. The purpose of the agreement is to set forth the responsibilities of the County Clerk and the District, in the conduct and finance of the election. This election shall be held under the provisions of Title I of the Colorado Revised Statutes. 2. JURISDICTIONAL LIMITATION. If any District encompasses territory in more than one county, this Agreement shall be construed to apply only to that portion of the District within Pitkin County. 3. DESIGNATION OF OFFICIALS. The County Clerk and Recorder shall serve as the Coordinated Election Official for all political subdivisions involved in this coordinated election. The County Clerk will designate Carole Twitchell, Election Manager (429-2709) (carole.twitchell@co.pitkin.co.us) as the "Contact Officer" to act as the primary liaison or contact between the District and the County Clerk for this General Election. The District shall designate an "Election Officer" who will have the primary responsibility for the conduct of election procedures to be handled by the District and who shall act as the primary liaison between the District and the Contact Officer. To the extent that the Code requires, this person is the District's "designated election official". The District designates I'~CTKYIv` . ~ as the Election Officer (one name only). phone number: 2(v$5 fax number: • 5~~~-- ~~o.~, l' o . u.S e-mail address: ~'~(t1'U~~D,~`^'rl-mailing address: ~ ~U S • ~~~e-Vk~ ~ 4. PRECINCTS & POLLING PLACE LOCATIONS. Voting precincts and polling place locations will be those established and designated by the County Clerk. Polling place signs will be purchased and posted by the County Clerk at least 12 days prior to the Election (1-5-106). G:\elections\iga\iga08.doc 1 5. APPOINTMENT OF ELECTION JUDGES. All Election Judges shall be appointed and trained by the County Clerk. Should the County Clerk experience a shortage of election judges, the District shall assist in securing election judges. 6. LEGAL NOTICES. The county shall assume responsibility for the Notice of Election pursuant to 1-5-205 required no later than ten days prior to the election. It will appear in the Aspen Times or Aspen Dailv News. Any other legal notice or notification that is required to be given to the electorate of the district according to statute governing that election shall be the responsibility of the District. (A sample of "Notice of Election" is included in the IGA packet) 7. RECEIVING AND PROCESSING OF PETITIONS. The petition process for the District shall be entirely the responsibility of the District, and shall be done in compliance with applicable Colorado statutes, ordinances, resolutions or charter provisions. This process includes, but is not limited to, approving the candidate or initiative petitions to be circulated within the District; delivering the petitions; receiving the petitions; and verifying the signatures on the petitions within the District. 8. BALLOT CONTENTS. In accordance with Colorado law, the ballot contents must be certified to the County Clerk by the District, in its exact and final form, no later than 4:30 p.m. on September 5, 2008. Please adhere to the following specifications in your submission: 1. Font should be Arial, size 10 2. Provide a hard copy and 3. Either an a-mail to us or provide the document in Microsoft Word format on a CD. The District assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order. For candidates, specify titles of offices, the order of the offices and the order of the names to appear for each office. For questions and issues, specify the ballot language title, and the order of the questions and issues. (The packet includes rules and statutes currently in effect regarding the order.) Wording shall be in upper and lower case except those questions covered under Section 20 of Article X of the Colorado Constitution that must be in upper case only. The district shall designate which questions shall be in upper and lower case and which questions shall be in upper case only. Your attorney can aid in this determination. The District has responsibility to proof and approve the layout and text of the sample/official ballots before the County Clerk authorizes the printing of the ballots. From time of receipt of proof, the District has 24 hours to proof sign and return to the County Clerk. 9. ELECTION PREPARATION. The County Clerk reserves the right to request general assistance from the District staff for election preparation. The District shall acquire the property ownership list referred to in 1-5-304 CRS from the Assessor, if necessary. The cost of the list is provided by statute and shall be paid directly to the Assessor by the District. The District's staff shall be solely responsible for any work required with the Assessor's list. 10. RECEIVING OF WRITTEN COMMENTS AS COVERED BY SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION (for creation of the "Tabor Notice"l. The process of receiving written comments, including petition representative's summary of comments, and summarizing the comments in favor of or in opposition to the district's question, as required by Section 20 of Article X of the Colorado Constitution, shall be solely the responsibility of the District. G:\elections~ga\iga08.doc 2 11. PREPARATION AND MAILING OF NOTICES FOR ANY BALLOT ISSUE ELECTION AS REQUIRED BY SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION. The District shall certify a final and exact summary of comments concerning its ballot issues to the County Clerk no later than 42 days before the election (3:00 p.m. September 23, 2008) for inclusion in the ballot issue notice mailing. Please adhere to the following specifications in your submission: 1. Font should be Arial, size 10, upper and lowercase wherever possible to facilitate reading. 2. Provide a hard copy and 3. Either an a-mail to us or provide the document in Microsoft Word format on a CD. The exact form is shown in an enclosed sample of a Tabor Notice and strict adherence to the format for your particular type of question is mandatory. Time is very limited for us to prepare this notice. The County Clerk shall coordinate the text for the ballot issue mailing for all participating Pitkin County political subdivisions into one notice. Said ballot issue mailing shall be prepared and mailed by the County Clerk in accordance with Colorado statutes. 12. CONDUCT OF THE GENERAL ELECTION. The County Clerk shall be responsible for the conduct of the General Election. The General Election shall be conducted under the provision of CRS Title I. 13. MAIL-IN AND REPLACEMENT BALLOTS. All requests for mail-in ballots shall be transmitted to and processed by the County Clerk at 530 E Main St #101, Aspen, CO, 81611, (970) 920-5180. The County Clerk shall provide some application forms to the Districts. All completed application forms must be returned by the applicant to the County Clerk, 530 E Main St #101, Aspen, CO 8161E 14. AFFIDAVITS AND BALLOTS. This section DOES NOT pertain to school districts, community colleges and municipal elections. It DOES apply to special districts. For electors who own property within the political subdivision but reside and are registered to vote in another county in Colorado, the affidavits (sample enclosed) and ballots shall be available only at the coordinated election official's office (i.e. the Clerk and Recorder's office). 15. PREPARATION FOR ELECTION DAY. The County Clerk shall be responsible for preparing and printing the sample/mail-in/official ballots for the General Election. The County Clerk shall also be responsible for providing, preparing and delivering voting equipment and supplies to all polling place locations. 16. TEST DECK. The Clerk and Recorder and one representative from the Democratic Party and one representative from the Republican Party will be present for the testing of each counting machine. If it so chooses, the District may provide a representative to witness and initial the results of the test deck. The testing of each counting machine is run prior to the election. 17. TABULATION OF BALLOTS. All processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. The District may designate one representative to observe the counting of the ballots at the counting location. The unofficial results will be provided to the District, upon completion of the counting of ballots on election night, if you so request. Please be advised that the use of provisional ballots will delay the final, official results until approximately 10 days after the election. G:\elections\iga\iga08.doc 3 18. CANVASS OF VOTES. The canvass of votes will be the responsibility of the County. Such canvass will be completed within the time required by law, and official results of the canvass will be provided to all political subdivisions participating in the General Election. The County Clerk will certify the vote to the District. Each District will be responsible for issuing its own Certificates of Election of candidates referred to in C.R.S.1-11-103. 19. CANCELLATION. In the event the election is canceled before Election Day, the District shall be responsible for its prorated share of election expenses incurred to date of receipt of written notification of cancellation by the County Clerk. 20. STORAGE OF RECORDS. The County Clerk shall store all materials required by the Election Code for 25 months. 21. MUNICIPAL ELECTIONS. If the Colorado Election Code (Title I of the Colorado Revised Statutes) conflicts with the municipal election code or a specific charter provision of a municipality choosing to conduct a municipal election as part of the coordinated election, the municipality shall provide a copy of such ordinance or resolution adopting the use of the requirements and procedures of the Colorado Election Code for this General Election. 22. ALLOCATION OF COST OF ELECTION. The County shall determine the cost allocation for each District participating in the General Election. The District shall reimburse the County for such election costs as allocated to the District. The election invoice will be itemized and prorated for each District on the basis of the total number of registered voters within each political subdivision and the number of inches required on the ballot or ballot issue notice. There shall be a minimum charge for participation in the election of $600, and in no event shall any district pay less than $600. Reimbursement shall be made to the County within thirty days from receipt of billing from the County. Anticipated expenses include but are not limited to: County staff members' time at each hourly rate plus benefits, Election Judges and other election personnel, election forms, election supplies, ballots, printing, legal notices paid for by the County, postage, rental charges. 23. LIABILITY. In the event of any challenge, demand, expense, or loss arising out of, or related to the conduct of the election, the party having responsibility over or concerning the point of challenge will bear the expense associated with the error, if any, including any cost of a new election. Responsibility is determined by the duties of the respective parties as contained and described in this agreement. 24. COUNTING CITY BALLOTS. The count for each precinct that contains any City of Aspen ballot questions will itemize the count for each of those ballot number positions. There will be a yes and no count for each question in each precinct. Copies of the canvass will be available for the Mayor and City Clerk to complete a Statement and Certificate of Determination of an Election. G:\electionsUga\iga08.doc q THIS LETTER OF AGREEMENT executed by the parties hereto as of the dates and year written below. PITKIN COUNTY CLERF~h& RECORDER Jan' . Vos Caudill APPROVED AS TO FORM: John Ely, County Att e A E T: Je ette Jones D uty Clerk and R order DISTRICT NAME Grp a~ A~-~-~ By: Title: ~ Date:~~~~tS ATTEST: ~rC~~~"~'~'-°~ ~ By: Secretary G:\electionsUga\iga08.doc 5