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HomeMy WebLinkAboutResolution No. 2024-36j KENAI CITY OF KENAI RESOLUTION NO. 2024-36 Sponsored by: City Clerk A RESOLUTION APPROVING A REVISED MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KENAI AND THE KENAI PENINSULA BOROUGH FOR INTERGOVERNMENTAL ADMINISTRATION OF BOROUGH AND CITY MUNICIPAL ELECTIONS. WHEREAS, the Kenai Peninsula Borough and the five cities within the Borough, have historically collaborated on the administration of their regular elections annually; and, WHEREAS, the Borough and the City's 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 original Memorandum of Agreement was approved by the Borough and the cities of Homer, Kenai, Seldovia, Seward and Soldotna in July of 2021; and, WHEREAS, the clerks continue to address updates to election process and associated costs reflected in the revised Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Kenai City Council supports minimizing costs and increasing efficiencies to ensure municipal elections are conducted in a fair and consistent way. Section 2. The City Manager is authorized to execute the revised memorandum of agreement between the City of Kenai and the Kenai Peninsula Borough. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7T" DAY OF AUGUST, 2024. Brian Gabriel Sr., Mayor ATTEST: Michelle I%,Skner,, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] N A� City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www Lenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: July 23, 2024 SUBJECT: Resolution No. 2024-36 - Approving a Revised Memorandum of Agreement Between the City of Kenai and the Kenai Peninsula Borough for Intergovernmental Administration of Borough and City Municipal Elections. Kenai Peninsula Borough Joint Resolution 2021-001 - A Joint Resolution of the Assembly of the Kenai Peninsula Borough and the Councils of the Cities of Homer, Kenai, Seldovia, Seward and Soldotna Respectively, for the Purpose of Intergovernmental Administration of Borough and City Elections, was adopted by the Kenai City Council on July 7, 2021 through Resolution 2021-46; the resolution also authorized the City Manager to execute a Memorandum of Agreement (MOA) with the Borough for intergovernmental administration of Borough and City Elections. Election processes have changed since 2021 and the proposed changes within the revised MOA incorporates the changes. The following identifies substantive changes to the agreement: The software vendor is now responsible for setting up the election database and ballot layouts, this was previously performed by the Borough Clerk. Absentee Voting Officials will remain employees of the Kenai Peninsula Borough; however, operations of the Absentee Voting Sites located within a City Clerk's Office and the management of those election workers is the respective City Clerk's responsibility. Updated fees associated with programming City Special Elections. The attached Memorandum of Agreement identifies changes via track changes. Your consideration is appreciated. Memorandum of Agreement Between Kenai Peninsula Borough and the Cities of Kachemak, 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 Kachemak, 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 Page 1 of 12 2. BOROUGH'S OBLIGATIONS a. Election and Ballot Programming: i. The Borough Clerk's Office will work with the borough's election software vendor to program the election(s) and ballot(s) for all regular and special municipal elections. ii. Each City will pay an administration fee for this contracted 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. 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 Page 2 of 12 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 work with the borough's election software vendor to program ballots, }revile -assist the cities with their 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. organize and manage 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. This includes maintaining the work schedules for the shared absentee election officials workina at their site. 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 to the Borough Clerk's Office in er-ao_ to aeeemmodate within the set 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 See description of services in election $100 per regular 2(a) above. Logic and Accuracy See description of services in Testing election 2(b) above. MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 3 of 12 Voter Pamphlet $100 per page See description of services in 2(c) above. Shared services for absentee voting Election worker recruitment, training, and administration No charge, in kind service provided 50% of wages and employer's share of FICA for all election officials working at polling locations within city's jurisdiction. Equipment delivery and No charge storage Precinct rental or lease fees City's Special Elections 50150, with a maximum charge to the city of $50 if charged by the site $1500 flat fateActual costs billed by election software vendor. See description of services in 2(d) above. 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. See description of services in 2(f) above. See description of services in 2(g) above. 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 , 20204 and terminating , 2025. This Agreement is eligible for two (2) 5-year renewals by mutual written consent of the parties. MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 4 of 12 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 MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 5 of 12 Agreement unless agreed to in writing with both parties signing through their authorized representatives. 13. SAVINGS 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:_ r-,haflie PiePeter A. Micciche, Mayor Date: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Jehifii -2 I -a kenshi Michele Turner, Borough Clerk Sean Kelley, De}ut�-Borough Attorney MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 6 of 12 KACHEMAK CITY 59906 BEAR CREEK DR. HOMER, AK 99603 By: _ Date: ATTEST: Lauri Wallace, City Clerk MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 7 of 12 CITY OF KENAI 210 FIDALGO AVE. KENAI, AK 99611 By: Paul Ostfanerry Eubank, City Manager Date: ATTEST: 3amie 4eifizShellie Saner. City Clerk MEMORANDUM OF AGREEMENT- LOCAL ELECTIONS Page 8 of 12 CITY OF HOMER 491 E. PIONEER AVE. HOMER, AK 99603 By: Reb PufnawAwlMelissa Jacobsen, A@jjfl&City Manager Date: ATTEST: Melissa jaeabsenRenee Krause. Acting City Clerk MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 9 of 12 CITY OF SELDOVIA PO DRAWER B SELDOVIA, AK 99663 By: -_ Heidi Geagel, City Manager Date: ATTEST: 14eidi Geag.L4Elizabeth Diament, City Clerk MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 10 of 12 CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 By: —Kat Sorensen, City Manager Date: ATTEST: Kris Peck, City Clerk MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 11 of 12 CITY OF SOLDOTNA 177 N BIRCH ST. SOLDOTNA, AK 99669 By: Stephanie QueefkJanette Bower, City Manager Date: ATTEST: C"e":o c., ohni Blankenship, City Clerk MEMORANDUM OF AGREEMENT— LOCAL ELECTIONS Page 12 of 12