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HomeMy WebLinkAboutResolution 2008-103 N.C.S. 06/16/2008Resolution No. 2008-103 N.C.S. of the City of Petaluma, California APPROVING AGREEMENT WITH THE COUNTY OF SONOMA FOR THE PURPOSE OF CONDUCTING CONSOLIDATED MUNICIPAL ELECTIONS FOR THE CITY OF PETALUMA WHEREAS, the current contract with the County of Sonoma to conduct elections for the City of Petaluma expires December 31, 2008 and the City wishes to continue such contract with the County; and, WHEREAS, to do so will require a new agreement with the County of Sonoma for the purpose of conducting municipal elections for the City of Petalurria. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign an Agreement with the County of Sonoma for the purpose of conducting elections for the City of Petaluma, attached as Exhibit "A." Under the power and authority conferred upon this Council by the Charter of said City REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App~ved a5 to Council of the City of Petaluma at a Regular meeting on the 16`~ day of June; 2008, ~ ,`o~rm: by the following vote: ~~ t City Attorney AYES: Barrett, Freitas, Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt ,....s NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Resolution No. 2008-103 N.C.S. Page 1 EXHIBIT A AGREEMENT FOR ELECTION SERVICES THIS AGREEMENT is made and entered into this date, by and between the COUNTY OF SONOMA, a political subdivision of the State of California, hereinafter referred to as the "County," and the CITY OF PETALUMA, a municipal corporation, hereinafter referred to as the "City." The parties mutually contract and agree as follows: This contract is made and entered into pursuant to Government Code Section 51300 of seq. and is subject to all the provisions thereof. 2. At the City's request, the County shall render the following services to the City: a. Conduct, manage, and supervise all municipal elections held within the City during this period pursuant to all applicable state and federal laws governing the conduct of municipal elections; b. Procure and furnish all supplies and equipment to be used in said elections, including those supplies required to meet the federal Help America Vote Act (HAVA); c. Perform all related services and functions necessary to the accomplishment of this agreement including any additional language requirements that may be imposed as a result of the federal Voting Rights Act during the term of this agreement. 3. This contract shall be in effect once signed by all parties, and continue in force and effect until notice of termination is given or, pursuant to Government Code Section 51302, at the expiration of four (4) years from the end of this calendar year (2008). 4. For the purposes of conducting said elections, the Sonoma County Clerk and Registrar of Voters shall exercise such powers and duties conferred by law upon the clerk of the CITY with respect to elections, as agreed to by both parties. Such duties shall include, but not be limited to, those powers and duties set forth in Division 3, commencing with §3000; Division 10, Part 2, commencing with Section 10100, excluding the issuance and filing of nomination documents unless specifically agreed upon in writing by the. Registrar of Voters and the City Clerk not less than 180 days prior to the date of the municipal. election; Division 13, commencing with Section 13000; and Division 15, commencing with Section 15000, of the California Elections Code. 5. The County shall not be obligated to conduct any election, the procedures for the administration of which are not specified in state law; nor any election which employs. any method of tabulation of votes other than a "one vote equals one vote" manner, including, but not limited to, those methods referred to as choice voting, cumulative voting, distributive voting, instant run-off voting, ranked choice voting, limited voting, or preferential voting. Adoption by the City of an alternative method of voting terminates this contract. In the event the City adopts an alternative method of voting, the City will notify the County of the adoption and termination of this contract within 30 days of the adoption of the alternative method of voting. b. Upon the completion of the official canvass of the votes cast, and upon proper demand by the County, the City shall forthwith reimburse the County for any and all expenses incurred by the County in connection with said election as follows: Resolution No. 2008-103 N.C.S. Page 2 a. EQUIPMENT AND SUPPLIES: i. The County shall procure all equipment and supplies in the name of, and on behalf of, the City. ii. The amount, source and nature of said equipment and supplies will be determined in accordance with applicable laws. The County will have complete discretion in making determinations in procurement of equipment and supplies. iii. Expenses incurred by the County in the accomplishment of this section of the agreement shall, at the option of the County, either be paid directly by the City upon confirmation by the County, or shall be paid to the County upon proper demand. b. POSTAGE: Postage shall, upon request of the County, either be prepaid by the City by warrant in the requested amount payable to the U.S. Postal Service or be paid to the County upon proper demand. c. POLLING PLACES AND ELECTION OFFICIALS: The City shall, upon proper demand, pay its pro-rata share of polling place expenses and compensation of election officials attributable to the conduct of such election, including the cost of insurance if necessary. d. COUNTY STAFF SERVICES AND SUPPLIES: The City shall pay its pro-rata share of expenses incurred by the County for staff services and use of County supplies. "Expenses" as used in this section shall include the cost or the reasonable value of the following: i. Time and effort expended by County officers and employees; ii. Equipment and supplies furnished by the County; iii. Any other necessary expenditures made by the County in the accomplishment of this agreement. The City shall provide suitable locations for polling places and/or the consolidation of returns and perform any other necessary functions, including the issuance of Vote by Mail ballots or establishment of Vote by Mail drop-off or early voting locations, if requested by the County. 8. County employees assigned to duties in the performance of this agreement shall remain at all. times under supervision or control of the County. The City shall exercise no supervision or control of such employees. If questions arise on the part of the City as to performance, such questions shall be referred directly to the County Clerk and Registrar of Voters as the supervisor of such employees., and the determination or resolution of questions or problems shall be settled as mutually agreed upon by the parties of this contract. For purposes of workers' compensation insurance, it is intended that all persons performing services under this agreement shall remain in the general service of the County, and that their services on behalf of the City shall be considered a special employment which shall not subject the City to liability under workers' compensation laws. However, it is understood that the County, in computing the cost of its services hereunder, may take into account its direct cost of providing workers' compensation insurance coverage for such employees in proportion to time spent in the performance Resolution No. 2008-103 N.C.S. Page 3 of this contract. The County shall hold harmless, defend and indemnify the City from and against any liability, claims, actions, costs, damages or losses to any person, or damage to any property, arising out of the County's activities under this agreement. The City shall hold harmless, defend and indemnify the County from and against any liability, claims, actions, costs, damages or losses to any person, or damage to any property, arising out of the City's activities under this agreement. The County, in computing its costs of services under this agreement, may take into account the direct cost of providing adequate liability insurance to cover operations under this agreement. The parties understand that each party maintains insurance programs under workers' compensation laws and in protection of various other liability risks and exposures; each party shall continue to maintain such programs as a matter of its own discretion. In the event liability is imposed upon the parties to this agreement under any circumstances in which the above provisions of this paragraph do not control, and if the liability is joint and several, the parties shall contribute equally to the settlement of any claim orjudgment. Nothing contained in this contract shall relieve the City of the ultimate responsibility for canvassing the returns of any election held hereunder, nor shall fhe County be obligated in any case to defend or prosecute any action at law or equity arising out of any such election or contesting the validity of any such election. The City shall be responsible for defending any court action brought to challenge any election held pursuant to this contract. 10. It is expressly recognized that this agreement transfers ministerial duties only. In the event that policy questions arise, such questions will be referred to the City for decision by the. appropriate City officials. 1 1. For any fiscal year commencing after December 31, 2007, either the City or the County, at the time of its respective annual budget deliberations, may terminate this contract by giving the other party a 90-day written notice of termination. In such event, the County will not be responsible for the conduct of elections occurring thereafter. If no such notice is given, this contract will be deemed to have been renewed for an additional term of one year. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals. COUNTY OF SONOMA BY: (SEAL) MIKE KERNS, CHAIRMAN SONOMA COUNTY BOARD OF SUPERVISORS DATE ATTEST: COUNTY CLERK 8~ REGISTRAR OF VOTERS BY: DA CITY OF PETALUMA BY: (SEAL) PAMELA TORLIATT, MAYOR Resolution No. 2008-103 N.C.S. Page 4