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2008/05/13 City Council Resolution 2008-71RESOLUTION NO. 2008 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT FOR ELECTION SERVICES WITH THE COUNTY OF SONOMA WHEREAS; Government Code section 51301 provides that a city legislative body may contract with a county for the performance by its appropriate officers and employees, of city functions; WHEREAS, the City of Rohnert Park ( "City ") contracts with the County of Sonoma ( "County ") for the provision of municipal election services; WHEREAS, the current contract for election services was approved by the City Council on September 11, 2003, for a five -year term to expire December 31, 2008; and WHEREAS, the City wishes to contract with the County for election services for a four - year term to expire December 31, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and,between the County of Sonoma, a political subdivision of the State of California, and the City of Rohnert Park, a municipal corporation, for services related to conducting municipal elections. . BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 13th day of May, 2008. ATTEST: City CleN) A,�j t ig CITY OF ROHNERT PARK Mayor BREEZE: AYE SMITH: AYE STA &OR)D: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) AGREEMENT FOR ELECTION SERVICES THIS AGREEMENT is made and entered into on , 2008, 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 ROHNERT PARK, a municipal corporation, hereinafter referred to as the "City." The parties mutually agree as follows: 1. This Agreement is made and entered into pursuant to Government Code Section 51300 et 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 Agreement shall be in effect once signed by both parties, and shall continue in force and effect until notice of termination is given or December 31, 2012, whichever occurs first. 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 Section 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. 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, unless both parties agree in writing to amend the Agreement to provide for administration of the alternative voting method . 6. 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: 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 6 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 subsection 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. 7. 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 to this Agreement. For purposes of workers' compensation insurance, it is intended that all persons performing services under N 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 of this Agreement. 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 parry 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 or judgment. The City shall not be obligated or liable for payment hereunder to any parry other than the County. 9. Nothing contained in this Agreement shall relieve the City of the ultimate responsibility for canvassing the returns of any election held hereunder, nor shall the 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 Agreement. 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. 11. 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 Agreement 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 Agreement will be deemed to have been renewed for an additional term of one year. 12. Any notices regarding termination or amendment to the Agreement, or demand for payment, shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either parry may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: Judy Hauff, City Clerk City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 If to County: Janice Atkinson County Clerk- Registrar of Voters P.O. Box 11485 Santa Rosa,'CA 95406 -1485 13. This Agreement constitutes the complete and exclusive statement of the agreement between the County and the City and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. 14. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a parry on the ground that said parry was solely or primarily responsible for drafting the language to be interpreted. 15. No failure on the part of either parry to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 16. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 17. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. IN.WITNESS WHEREOF, the parties hereto have affixed their hands and seals. COUNTY OF SONOMA mm (SEAL) MIKE KERNS, CHAIRMAN SONOMA COUNTY BOARD OF SUPERVISORS DATE 4 ATTEST: COUNTY CLERK & REGISTRAR OF VOTERS MIX Io CITY OF ROHNERT PARK I:• (SEAL) MAYOR DATE ATTEST: CITY CLERK I0 _. W Agenda Packet Preparation TIMELI 3 for Regular City Council Meetings held on the 2nd & 4`h Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date • Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) RESO. NO. 2008-71 Council: X Miscellaneous Communications Agenda: 5113108 X smoa -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 13, 2008 Department: Administration Submitted By: Judy Hauff, City Clerk Submittal Date: May 5, 2008 Agenda Title. AGREEMENT WITH SONOMA COUNTY FOR CONDUCTING MUNICIPAL ELECTIONS Requested Council Action: Adopt resolution approving an Agreement for Election Services with the County of Sonoma. Summary: Government Code section 51301 provides that a city legislative body may contract with a county for the performance by its appropriate officers and employees, of city functions. The City of Rohnert Park contracts with the county for the provision of municipal election services, including: • Conducting, managing, and supervising all municipal elections held within the City during the term of the agreement pursuant to all applicable state and federal laws governing the conduct of municipal elections; • Procuring and furnishing all supplies and equipment to be used in said elections, including those supplies required to meet the federal Help America Vote Act (HAVA); • Performing all related services and functions necessary to the accomplishment of the 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. The current contract was approved by the City Council on September 11, 2003, for a five -year term. Staff recommends that the City Council, by resolution, approve the attached Agreement for Election Services with the County of Sonoma for a four -year term. Enclosures: Resolution Agreement for Election Services CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. Cj1Y MANAGER'S RECOMMENDATION: Consent Item ( ) Regular Time Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment O Policy Determination by C it 1 ( ) City Comments: City Manager's Signature: Date: 5/7? l/ r (Revised O1 5O) H:TG- :05 -b RESOLUTION NO. 2008 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT FOR ELECTION SERVICES WITH THE COUNTY OF SONOMA WHEREAS; Government Code section 51301 provides that a city legislative body may contract with a county for the performance by its appropriate officers and employees, of city functions; WHEREAS, the City of Rohnert Park ( "City ") contracts with the County of Sonoma ( "County ") for the provision of municipal election services; WHEREAS, the current contract for election services was approved by the City Council on September 11, 2003, for afive -year term to expire December 31, 2008; and WHEREAS, the City wishes to contract with the County for election services for a four - year term to expire December 31, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between the County of Sonoma, 'a political subdivision of the State of California, and the City of Rohnert Park, a municipal corporation, for services related to conducting municipal elections. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 13th day of May, 2008. ATTEST: �A� CITY OF ROHNERT PARK tIFORN!.. Mayor —mac BREEZE: AYE SMITH: AYE STA14ORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) AGREEMENT FOR ELECTION SERVICES THIS AGREEMENT is made and entered into on _ 97am& Z Al , 2008, by and between the COUNTY OF SONOMA, a political subdivisio of the State of California, hereinafter referred to as the `.`County," and the CITY OF ROHNERT PARK, a municipal corporation, hereinafter referred to as the "City." The parties mutually agree as follows: 1. This Agreement is made and entered into pursuant to Government Code Section 51300 et 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 Agreement shall be in effect once signed by both parties, and shall continue in force and effect until notice of termination is given or. December 31, 2012, whichever occurs first. 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 Section 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, unless both parties agree in writing to amend the Agreement to provide for administration of the alternative voting method. 6. 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: 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 6 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 subsection 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. 7. 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 to this Agreement. For purposes of workers' compensation insurance, it is intended that all persons performing services under 2 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 of this Agreement. 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 or judgment. The City shall not be obligated or liable for payment hereunder to any party other than the County. 9. Nothing contained in this Agreement shall relieve the City of the ultimate responsibility for canvassing the returns of any election held hereunder, nor shall the 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 Agreement. 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. 11. 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 Agreement 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 Agreement will be deemed to have been renewed for an additional term of one year. 12. Any notices regarding termination or amendment to the Agreement, or demand for payment, shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. M If to City: Judy Hauff, City Clerk City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 If to County: Janice Atkinson County Clerk - Registrar of Voters P.O. Box 11485 Santa Rosa, CA 95406 -1485 13. This Agreement constitutes the complete and exclusive statement of the agreement between the County and the City and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. 14. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a parry on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 15. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that parry may have hereunder. 16. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 17. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals. COUNTY SO MA BY: W\&�' MIKE KERNS, CHAIRMAN SONOMA COUNTY BOARD OF SUPERVISORS DATE G /zY1og H r' ATTEST: COUNTY CL & REGISTRAR OF VOTERS BY: DATE l/ ATTEST: CIT" /Y TT T� BY: DA'. RECEIVED JUL 0 3 2008' CITY OF ROHNMT PARK CITY OF ROHNERT PARK (' (SEAL) MAYO DATE May 13, 2008 Per Resolution No. 2008 -71 adopted by the Rohnert Park City Council on May 13, 2008 Approved as to form: 4SSr: y4fy Attorney 5