HomeMy WebLinkAboutResolution No. 2021-001 (Joint)
Joint Resolution No. 2021-001
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KENAI PENINSULA BOROUGH
CITY OF HOMER
CITY OF KENAI
CITY OF SELDOVIA
CITY OF SEWARD
CITY OF SOLDOTNA
JOINT RESOLUTION NO. 2021-001
A JOINT RESOLUTION OF THE ASSEMBLY OF THE KENAI PENINSULA
BOROUGH AND COUNCILS OF THE CITIES OF HOMER, KENAI, SELDOVIA,
SEWARD AND SOLDOTNA RESPECTIVELY, FOR THE PURPOSE OF
INTERGOVERNMENTAL ADMINISTRATION OF BOROUGH AND CITY
ELECTIONS
WHEREAS, Article X, Section 13 of the Alaska Constitution authorizes local government to
enter into agreements for the cooperative or joint administration of any function
or power, unless otherwise prohibited by law or charter; and
WHEREAS, AS 29.35.010(13) provides authority for the Borough to enter into
intergovernmental cooperative agreements for the joint administration of a
borough function or power; and
WHEREAS, historically the borough and five (5) of the cities within the borough (Homer,
Kenai, Seldovia, Seward, and Soldotna) have collaborated on the administration
of the annual regular municipal election; and
WHEREAS, the Borough and the Cities share a common goal and find that it serves public
interest to work together to minimize costs, increase efficiencies and to ensure
municipal elections are conducted in a fair and consistent way throughout the
borough;
NOW, THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA BOROUGH
ASSEMBLY AND THE COUNCILS OF THE CITY OF HOMER, CITY OF KENAI,
CITY OF SELDOVIA, CITY OF SEWARD AND CITY OF SOLDOTNA:
SECTION 1. That the borough administration and administrations for the Cities of Homer,
Kenai, Seldovia, Seward, and Soldotna respectively are authorized, upon approval
of this resolution by the borough assembly and respective councils for each city,
to execute a Memorandum of Agreement substantially in the form of the attached
agreement, for the purpose of intergovernmental administration of Borough and
City Elections.
SECTION 2. That this resolution takes effect immediately upon adoption of the Kenai Peninsula
Borough Assembly and the City Councils of the City of Homer, City of Kenai,
City of Seldovia, City of Seward and the City of Soldotna.
APPROVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS __ DAY
OF ______ , 2021.
Brent Hibbert, A ss embly Pre si de nt
ATTEST:
Johni Blankenship, MMC, Borou gh Clerk
~OVED BY THE COUNCIL OF THE CITY OF HOMER THIS Z6 f{ DAY OF
.... ~ '-'-ti e' , 2021.
C , Ci ty Cl erk
APPROVED BY THE COUNCIL OF THE CITY OF KENAI THIS
_______ ,, 2021.
Bri a n Gabri el Sr ., Mayor
ATIEST:
J amie H einz, CMC, City Cl e rk
DAY OF
APPROV ED BY THE COUNCIL OF THE CITY OF SELDOVIA THIS __ DAY OF
_____ ___, 2021.
AITEST :
Heidi Geagel, C ity Cl e rk
foint R esol uti on No. 20 2 1-0 0J
P age 2 ·of 3
Jeremiah CampbeD , May or
APPROVED BY THE COUNCIL OF THE CITY OF SEW ARD THIS DAY OF --
-------' 2021.
Christy Terry, Mayor
ATTEST:
Bre nda Ballou , MMC, City Clerk
APPROVED BY THE COUNCIL OF THE CITY OF SOLDOTNA TIDS :) 3 .,-cl DAY OF
,Tµ""' e , 2021.
Joint Resolution No. 202 l -001
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MEMORANDUM OF AGREEMENT – LOCAL ELECTIONS
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Memorandum of Agreement
Between Kenai Peninsula Borough and the Cities of
Kenai, Homer, Seldovia, Seward, and Soldotna
For the Intergovernmental Administration of Borough and City Municipal Elections
This Memorandum of Agreement (hereinafter the “Agreement”) is by and between the
Kenai Peninsula Borough, whose address is 144 North Binkley Street, Soldotna, AK 99669,
(hereinafter “Borough”) and the participating Cities of Kenai, Homer, Seldovia, Seward, and
Soldotna (hereinafter “Cities,” or “City”) whose addresses are included on the signatory page
below, for the purpose of intergovernmental administration of the Borough and the Cities’ local
municipal elections (hereinafter “municipal elections”).
WHEREAS, Article X, Section 13 of the Alaska Constitution authorizes local government
to enter into agreements for the cooperative or joint administration of any function or power, unless
otherwise prohibited by law or charter; and
WHEREAS, AS 29.35.010(13) provides authority for the Borough to enter into
intergovernmental cooperative agreements for the joint administration of a borough function or
power; and
WHEREAS, historically the borough and five (5) of the cities within the borough (Homer,
Kenai, Seldovia, Seward, and Soldotna) have collaborated on the administration of the annual
regular municipal election; and
WHEREAS, the Borough and the Cities share a common goal and find that it serves public
interest to work together to minimize costs, increase efficiencies and to ensure municipal elections
are conducted in a fair and consistent way throughout the borough; and
WHEREAS, the parties hereto wish to memorialize past practices and understandings
through this written document which shall constitute their specific agreement on terms and
conditions related to roles, responsibilities, permissions and fees associated with the Borough’s
administration of municipal elections;
THE PARTIES THEREFORE AGREE, in consideration of the mutual promises contained in this
Agreement and the services and fees provided, as set forth below:
1. PURPOSE AND INTENT
This Agreement is established and entered into between the parties for the purpose of
jointly administering municipal elections. This Agreement contemplates basic and core
election services for municipal elections, including special elections. The Borough Clerk’s
Office will be primarily responsible for providing the basic and core election services as
set out below. The Cities agree to pay the Borough for reasonable costs related to the
election services pursuant to the fee schedule established below, or as amended by mutual
written agreement of the parties. In-line with current and past practices, the Borough’s
Clerk’s Office will collaborate with the City Clerk’s Offices regarding administration of
municipal elections.
MEMORANDUM OF AGREEMENT – LOCAL ELECTIONS
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2. BOROUGH’S OBLIGATIONS
a. Election and Ballot Programming:
i. The Borough Clerk’s Office will program the election(s) and ballot(s) for all
regular and special municipal elections.
ii. Each City will pay an administration fee for this service as set out in Section 3
below. Each City will provide final approval of ballot proofs to the Borough
Clerk’s Office.
iii. Ballots shall be delivered to each City at least 15 days before each regular
election and at least 10 days before each special or runoff election.
b. Logic and Accuracy Testing
i. The Borough Clerk’s Office will ensure all ballots and equipment is tested and
set for municipal elections.
ii. Each City will pay an administration fee for this service as set out in Section 3
below.
iii. Copies of the logic and accuracy testing will be provided to each City.
c. Voter Pamphlet – to include Borough and Cities candidates and issues
i. The Borough Clerk’s Office will provide the Cities forms for candidate and
ballot propositions submissions, and sample ballots, to be included in the
Information Brochure (aka Voter Pamphlet). The completed forms will be
submitted to the Borough Clerk’s Office camera ready.
ii. Each City will pay an administration fee for this service as set out in Section 3
below.
d. Shared services for absentee voting
i. The Borough Clerk’s Office will open an absentee voting site two weeks prior
to the regular election and provide for absentee voters to have access to
borough and city ballots for all precincts within the borough.
ii. This is an in-kind service; there is no administrative charge for this service.
e. Election worker recruitment, training, and administration
i. The Borough Clerk’s Office will, in collaboration with each City, recruit, train,
and provide for administration of all shared election workers, to include
election judges, election officials, canvass board, election board, and any other
similar terms in City or Borough codes referring to election workers. Election
workers hired for a regular municipal election will be considered temporary
employees of the Borough.
ii. Each City will pay or cause to be paid an administration fee for this service as
set out in Section 3 below.
iii. For the purposes of Workers’ Compensation and all other employment related
matters Election Workers shall be considered temporary employees of the
Borough.
iv. Because City of Seldovia is within the Seldovia/Kachemak Bay voting
precinct which is a by mail precinct for the borough, the Borough Clerk’s
MEMORANDUM OF AGREEMENT – LOCAL ELECTIONS
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Office will only be responsible for hiring an absentee voting official to work
on Seldovia/Kachemak elections.
f. Equipment delivery and storage
i. The Borough Clerk’s Office will provide for all necessary election equipment
to be delivered to polling sites and absentee voting stations, unless specific
arrangements are otherwise made with individual cities.
g. Precinct/Polling Site Rental
i. In the event a polling site requires a rental charge, the KPB will handle all
aspects of securing the site for use.
ii. Each City will pay an administration fee for this service as set out in Section 3
below.
h. Special elections support
i. Section 2(a) through (g) above do not apply to City special elections.
ii. Unless specific arrangements are otherwise made with individual cities, the
Borough Clerk’s Office will program ballots, provide logic and accuracy
testing, and provide for use of Borough election equipment for the City’s
special election which will include print ready artwork to printer, ballot
tabulator, ADA compliant tablet, ballot printer, and ballot box per precinct for
special elections conducted by a City.
iii. Each City will pay an administration fee for this service as set out in Section 3
below. The Borough will not provide for an absentee voting site for special
elections conducted by a City. Each City will pick up the Borough election
equipment that it will use in its special election.
3. CITIES OBLIGATIONS AND FEES
a. The Cities’ respective Clerk’s Office will open an absentee voting site two weeks prior
to the regular election and provide for absentee voters to have access to borough ballots
for precincts within or near the city limits. Except that it is understood City of Soldotna
and the KPB will share an absentee voting site at the Borough Administration Building
located at 144 N. Binkley Street.
b. The Cities’ respective Clerk’s Office will provide all candidate information and
proposition language in order to accommodate timelines for ballot programming and
voter pamphlet information.
c. By signing this Agreement, Cities consent to the following fee schedule:
Service Cost Description
Ballot Programming $500 per regular
election
See description of services in
2(a) above.
Logic and Accuracy
Testing
$100 per regular
election
See description of services in
2(b) above.
Voter Pamphlet $100 per page
See description of services in
2(c) above.
MEMORANDUM OF AGREEMENT – LOCAL ELECTIONS
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Shared services for
absentee voting
No charge, in kind
service provided
See description of services in
2(d) above.
Election worker
recruitment, training,
and administration
50% of wages and
employer’s share of
FICA for all election
officials working at
polling locations
within city’s
jurisdiction.
Wages are based on the current
election worker hourly rate as set
by the Division of Elections
See description of services in
2(e) above.
Equipment delivery and
storage
No charge See description of services in
2(f) above.
Precinct rental or lease
fees
50/50, with a
maximum charge to
the city of $50 if
charged by the site
See description of services in
2(g) above.
City’s Special Elections $1500 flat rate See description of services in
2(h) above.
4.ELECTION WEBPAGES AND LOCAL INFORMATION
The parties agree that the Borough and each City shall continue to maintain, with each
party continuing to bear respective associated costs, its own election webpage and other
information items regarding municipal elections.
5.WITHDRAWAL
a.If the Borough or a City wants to withdraw from agreement They must provide
4 months’ written notice.
b.The Borough or a City cannot cancel or terminate this agreement within 90
days of the regular municipal election.
6.TERM OF AGREEMENT
This Agreement shall be in effect for five (5) years beginning _____________, 2021 and
terminating __________, 2026. This Agreement is eligible for two (2) 5-year renewals by
mutual written consent of the parties.
July 7th
July 7th
MEMORANDUM OF AGREEMENT – LOCAL ELECTIONS
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7. CITY AND KPB CODE AND STATE LAW
This Agreement does not supersede any City or KPB code or state law. If a provision of
this Agreement conflicts with KPB or City code or state law, the respective code and state
law controls.
8. WORKERS’ COMPENSATION; LIABILITY INSURANCE
Each Party shall be responsible for the purchase and maintenance of minimum insurance
coverage as specified in paragraphs (a) and (b) of this section. Insurance coverage shall be
in acceptable form, and for the amounts specified by the Borough, or as required by law,
whichever is greater.
Insurance coverage shall remain in effect for the life of this Agreement, and any extensions
thereto. This insurance shall be primary.
a. Commercial general/automobile liability insurance of not less than $1,000,000
combined single limit bodily injury and property damage per occurrence.
b. Worker’s Compensation and Employer’s Liability insurance shall be provided
for all employees and volunteers as per Alaska State Statutes.
9. DEFAULT
Failure of either party to fully perform its obligations under the terms of this Agreement
will constitute a default. If default is not cured, within 30 days, by full performance under
this Agreement, then the non-defaulting party may immediately terminate the Agreement
by delivering written notice to the defaulting party.
10. AMENDMENT OF AGREEMENT
This Agreement may only be modified or amended by written agreement of the parties.
11. COUNTERPARTS; ELECTRONIC SIGNATURE
This Agreement may be executed in counterparts and may be executed by way of facsimile
or electronic signature in compliance with AS 09.80, each of which when so executed shall
constitute an original and all of which together shall constitute one and the same
instrument.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. There are no other
understandings or agreements between the parties, either oral or memorialized in writing
regarding the matters addressed in this Agreement. The parties may not amend this
Agreement unless agreed to in writing with both parties signing through their authorized
representatives.
13. SA VIN GS CLAUSE
If any provision of this Agreement shall be invalidated on any ground by any court of
competent jurisdiction , then the invalidated provision shall remain in force and effect
only to the extent not invalidated and the remainder of this Agreement shall not be
affected thereby and shall remain in full force and effect.
14. OBLIGATIONS
All of the Borough's and the Cities obligations as specified in Sections 1 and 2 are subject
to lawful appropriations, if necessary, for the specific purpose of carrying out the Borough
and City's obligations.
KENAI PENINSULA BOROUGH
144 N BINKLEY STREET
SOLDOTNA, AK 99669
By: Charlie Pierce, Mayor
Date: c}-4 "1 , Zat(
ATTEST: APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Sean Kelley , Deputy Borough Attorney
MEMORANDUM OF AGREEMENT-LOCAL ELECTIONS
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CITY OF HOMER
491 E . PIONEER A VE.
HOMER, AK 99603
B y: R ob Dumouchel , City Manager
Date: 2--4 J"V/V '2.. \
ATTEST :
MEMORANDUM OF AGREEMENT-LOCAL .ELECTIONS
~age -9 of 12
CITY OF SEWARD
PO BOX 167
SEWARD, AK 99664
By: City Manager
Date:
ATTEST:
AendaIou, City Clerlr
Cj
i-v . L
Am-
0 F ha
g msrsa f w
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
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