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HomeMy WebLinkAboutResolution 6221 N.C.S 02/05/1973 . 1-.) ,, , O Resolution No 6221 N. E E R j s 2/20/7,3 0 RESOLUTION REQUESTING THE BOARD" OF SUPERVISORS TO ORIGINAL. PROVIDE FOR THE CONDUCTION. OF ELECTIONS IN THE " . CITY OF PETALUMA BY THE .COUNTY CLERK AND REPEALIN:G . RESOLUTION NO. 6208 : 4i ii ) , , �, r - - A Regular . INTRODUCED BY CQUNCILMAN 'r Z At Meeting of the City Council of the City of Petaluma on the 20th day of February _ I9.7 3 wfv,Wø;Ey /JW7 . WHEREAS, the City of Petaluma desires to avail itself of existing law to provide for the County Clerk of the County of Sonoma to conduct elections within the. City; and WHEREAS, it is in the best interest of the City of Petaluma that all elections within the City be conducted by and through the facilities of the. County Clerk; and WHEREAS,: this City and the 'Count o f Sonoma have had an agreement Y �' whereby the :County. Clerk of the County of Sonoma conducts elections within the City of Petaluma, and the said agreement has expired by its terms ; and WHEREAS, this City desires to execute_ :a new agreement in the form as attached. NOW, THEREFORE, BE. IT. RESOLVED that the City Council of the City of Petaluma, in accordance with the provisions of the Elections Code and other laws of the State of California, requests the. Board of Supervisors of the County". of Sonoma to. permit the County. Clerk :o of said County to render all services and the 'conduction of all elections in. the. City of Petaluma, that the City agrees to pay and reimburse the County in full for all services performed upon presentation of an adequate bill by said County to the said City. The City Clerk is authorized and instructed to forward a certified copy of this resolution to the. Board of Supervisors of the County of Sonoma with the request that .th.e. Board of Supervisors enact such .legis- lation as is necessary to authorize the execution of an agreement for the conduction of elections within the City of Petaluma in the form labeled "Exhibit A" as attached hereto and incorporated herein. BE IT FURTHER RESOLVED that Resolution No. • 6208 be and the same is repealed. 72 under the power and au h rz conf. ed upon this Council by the Charter of said City.:.:/ Y COUNCILMEN VOTE Seconded by__..�__.. ----1' - �.. c `' .. Ayes Noes Absent Councilman Robert A. Brunner X I hereby certify that the foregoing resolution was duly and regularly introduced and adopted by the Council of the City of John W. Cavanagh, Jr. Petaluma, on the 2 0th day of F e b r 19 7 3, by y' Richard W. Clecak X the following vote: _ __ Robert E. Daly X (SEAL) :4e, _..__ .___....,__ ......__._.6" - - --- ""'y Mayor of the City of Petaluma `t Fred V. Mattei X William A. Perry, Jr. X Attest. .12 - X City Clerk -� Mayor Helen Putnam ,. .) a. 6 4). ;27 cii-ri— ,,,,,e, 7f=e--Z-e-, -J-- ...-1- . 411 411 JCG:hw/Draft/4C/115-73 C O N T R A C T THIS AGREEMENT is made and entered into upon this day of 19 73 pursuant to Government Code Section 51300 e t seq. ,. , b Y and between the COUNTY OF SONOMA, a c political subdivision of the State of California, hereinafter referred to as the "County", and the CITY OF PETALUMA : a municipal corporation,ation hereinafter referred to as the "City"; W I T N E S S E T H: Th a t the parties hereto have mutually contracted and agreed as follows : fiscal ear, 1.- For the balance of the cu rrent Y , i.e. , until June 30, and thereafter ter until notice of termination is given, the County shall render the following services to the City: A. Conduct, manage,onduct and supervise all municipal elections held within the City during this period; and furnish all supplies and equipment B. Procure nd PP to be used in said elections; Co Perform all related services and functions necessary to the accomplishment of this agreement; 2. This contract is made and entered' into pursuant to Government Code Section 51300 et seq. and is subject to all the pro- visions thereof; 3. F or the purpose ose of conducting said elections, the Sonoma County Clerk shall exercise all the powers and duties conferred with respect to elections, inclu- ding,the Clerk o f the City by law P P limited to, those powers and duties set forth in ding, but not 1 P Division 12, Part 2 of the Elections Code of the State of California, commencin g with Section 22600; EXHIBIT "A'! . . V 7, J 11, 110 4. The City shall pay all costs and expenses in connec- tion with said election in the following manner: A. EQUIPMENT AND SUPPLIES : (1) The Count y shall procure all equipment and supplies in the name of and on behalf of the City; (2) The expenses so incurred shall be paid by the Cit y directly to the supplier forthwith, upon Cation of proper demand presentation P P demand, after said demand has been approved by the County; (3) The amount , source and nature of said equip- went and supplies shall be determined in accordance with applicable laws. The County shall have complete discretion in_making.makin necessary determination thereunder. B. POSTAGE: (1) All major postage shall be prepaid by the Cit y upon request ues t of the County, said postage to be � paid by warrant in the requested amount payable to the "postmaster of Santa Rosa"; C. POLLING PLACES AND ELECTION OFFICIALS (1) The Y City shall pay all polling place expenses and compensation of election officials directly to the individual involved. D. COUNTY STAFF SERVICES AND SUPPLIES : (1) Upon the completion of the canvass of a vote P received at any particular election, the City shall h reimburse the County Y for any and all expenses incurred by the County in connection with said election, (2) P" enses" as used in this section shall inEx -2-- l 410 411 P elude the cost or the reasonable value of the following: (a) Time and effort expended by County officers and employees; {b} Equipment E ui ment and supplies furnished by the County; {c} A n y other necessary expenditures made by the County. Payment ent therefor shall be made by the City to the he Count Clerk of Sonoma County who shall deposit said payment with the County Treasurer of Sonoma County, upon presentation of an itemized y, p on P statement of said expenses by the County. P 5. The City shall provide suitable locations for conso- lidation of returns and any other necessary functions if requested by the County. 6. The City it shall hold harmless and indemnify the County from damage to persons or property as a against any loss resulting g consequence of the activities of the County, its officers, agents or employees es under this contract. The City further agrees to pro- cure public liability c ure an adequate policy o p y insurance or to extend of public liability i t its present policy p y insurance to include any its officers , a activities by the County, It � g ents cr employees hereunder. 7. Nothing contained in this contract shall relieve the s ibili t City of the ultimate responsibility for canvassing the returns of any election held hereunder, nor shall the County be obligated in ros ecute an any case to defend or prosecute any action at law or equity arising or contesting out of any such election g the validity of any such elec- tion, 8. It is expressly recognized nized that this agreement transfers g r policy questions arise ministerial al duties only. In the event that P � .s ion by the such questions will be referred to th e City �r decision appropriate ro riate city officials. in 9. For any fiscal year commencing after June 30, 19 , d at the time of its annual budget deliberations , may give g the City t i ' County written notice of termination. In such event , the to the C Y County will not be responsible for the conduct of elections occur- ring given this contract t will 1 ring thereafter. If no such notice is g , be deemed to have been renewed for an additional term of one year. IN WITNESS WHEREOF, the parties s hereto have affixed and ear first-above written. their hands and seals the day, month y _ COUNTY OF SONOMA By Chairman, Board of Supervisors ATTEST: EUGENE Do WILLIAMS County Clerk By CITY OF P :TALUM By. eltiLV 7 ATT T: Mayor y Clerk /)p.proyi d6V, . . City Attorney c* ETIL .[;Li:cr • • A R 4 w r..