HomeMy WebLinkAboutResolution No. 2026-42KENAI
CITY OF KENAI
RESOLUTION NO. 2026-42
Sponsored by: City Clerk
A RESOLUTION APPROVING A 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 (Borough) and the City of Kenai (City) have historically
collaborated in the administration of their annual municipal elections; and,
WHEREAS, the Borough and City share a common goal of conducting elections in a fair, efficient and
consistent manner, while establishing operational efficiencies and minimizing costs through
intergovernmental cooperation; and,
WHEREAS, the City entered into a Memorandum of Agreement (agreement) with the Borough in 2021
for the intergovernmental administration of elections through Resolution 2021-46, which was amended
in 2024 by Resolution 2024-36; and,
WHEREAS, the Agreement was terminated by the Borough in 2025 following voter approval of Kenai
Peninsula Borough Proposition 5, which aligned the Borough's regular election with the State of Alaska
general election; and,
WHEREAS, at the April 14, 2026 City of Kenai Special Election, the voters of the City approved City
Proposition No. 2026-A and Proposition No. 2026-B, which aligned the City's annual election with the
Borough and State election dates held in November; and,
WHEREAS, with the alignment of the City, Borough and State election dates, entering into a new
intergovernmental agreement with the Borough for election administration is in the best interest of the
City and its voters; and,
WHEREAS, approval of this Resolution authorizes the City Manager to enter into an agreement with the
Borough for intergovernmental administration of elections, including provisions for cost sharing,
equipment sharing, and coordinated election services for Borough and City elections.
Section 1. That the Kenai City Council supports minimizing costs and increasing efficiencies to
ensure local municipal elections are conducted in a fair and consistent manner.
Section 2. The City Manager is authorized to execute the memorandum of agreement, participating
addendums, and any other documents necessary to effectuate the intent and purpose, of this Resolution.
Section 3.
That this Resolution takes effect immediately upon passa
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City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Knackstedt and Council Members
FROM: Shellie Saner, City Clerk
DATE: May 20, 2026
SUBJECT: Resolution No. 2026-42 - Approving a Memorandum of Agreement Between
the City of Kenai and the Kenai Peninsula Borough for Intergovernmental
Administration of Borough and City Municipal Elections.
The attached Resolution authorizes the City Manager to enter into a Memorandum of Agreement
with the Kenai Peninsula Borough for the intergovernmental administration of elections. The
agreement would provide for coordinated administration of Borough and City elections, including
cost sharing, equipment sharing and other election -related services. The intent of the agreement
is to increase efficiencies and reduce costs while ensuring elections are conducted in a fair and
consistent manner.
The City and Borough have historically collaborated in the administration of municipal elections,
the practice was standardized in 2021 through a Memorandum of agreement, which was
amended in 2024 and then terminated in 2025 when the Borough regular election date was
changed through KPB Proposition 5.
At the April 14, 2026 City of Kenai Special Election, the eligible voters of the City approved COK
Proposition No. 2026-A and Proposition No. 2026-B, which realigned the City's annual election
date with the annual regular election date of the Borough. With the elections now occurring on
the same date, reestablishing an intergovernmental agreement with the Borough is in the best
interest of the City and its voters.
Historically coordinating elections with the Borough has resulted in operational and financial
benefits to the City, including shared of election equipment, election workers, ballot programming,
logic and accuracy testing and polling location expenses.
Approval of this resolution authorizes the City Manager to execute the Memorandum of
Agreement, participating addendums and any other documents necessary to implement the
agreement and facilitate coordinated election administration efforts between the City and
Borough.
Attachments:
Memorandum of Agreement
Participating Addendum - Kenai
MAIN MEMORANDUM OF AGREEMENT
Between Kenai Peninsula Borough and Participating Cities within the Borough
For the Intergovernmental Administration of Borough and City Municipal Elections
This Main 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 the borough (hereinafter "Cities," or "City")
whose addresses are included on their corresponding Participating Addendums ("PA")
incorporated herein, 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, 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, historically the borough and five (5) of the cities within the borough (Homer,
Kenai, Seldovia, Seward, and Soldotna) collaborated on the administration of the annual regular
municipal election under the "2024 Revised Memorandum of Agreement"; and
WHEREAS, at the October 7, 2025 regular election borough voters ratified Citizen
Initiative Ordinance 2025-01 — Proposition No. 5 that changed the borough's election date in
October to align with the State of Alaska election date in November; and
WHEREAS, Resolution 2025-045 authorized the Borough Clerk to terminate the revised
2024 Revised Memorandum of Agreement in order for the cities to work through their process in
considering a November election date; and
WHEREAS, a city that elects to move its municipal election to November may become a
participating parry to this Agreement by executing a Participating Addendum, which shall be
incorporated herein by reference; and
WHEREAS, the parties 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 now held annually in November;
THE PARTIES THEREFORE AGREE, in consideration of the mutual promises contained in this
Agreement and the services and fees provided, as set forth below:
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 1 of 7
1. PURPOSE AND INTENT
This Agreement is established and entered into between the participating cities for the purpose
of jointly administering municipal elections. The purpose of this Agreement is address basic and
core election services for municipal elections, including special elections, the party primarily
responsible for providing the service and the associate cost for the service. The parties' general
intent is for the Borough Clerk's Office to be primarily responsible for providing the basic and
core election services as set out below. Participating cities agree to pay the Borough for reasonable
costs related to the election services pursuant to the fee schedule set forth in this Agreement, or as
amended by mutual written agreement of the parties. The Borough's Clerk's Office will
collaborate and partner with the participating City Clerk's Offices regarding administration of
municipal elections.
A Participating Addendum or "PA" means a written agreement executed between the Kenai
Peninsula Borough and any city within the Borough that elects to participate in this Agreement.
The PA will identify the participating city, establish the effective date of participation, and may
include additional terms necessary to address the administration of the city's municipal election
consistent with the provisions of this Agreement. Upon execution, each respective PA will be
incorporated into this Agreement.
2. BOROUGH'S OBLIGATIONS
2.1 Election and Ballot Preparation:
2.1.1 The Borough Clerk's Office will work with the Borough's election software
vendor to prepare the election(s) and ballot(s) for all regular and special
municipal elections, including the preparation of media for the voting
equipment.
2.1.2 Ballots shall be delivered to each City at least 15 days before each regular
election. Ballots for any city special election will be ordered directly by the City
from a ballot printer and delivered directly to the City by the ballot printer.
2.1.3 All ballots are to be stored in a secure and locked room with access limited to
election personnel.
2.2 Logic and Accuracy Testing
2.2.1 The Borough Clerk's Office will ensure all ballots and equipment are tested and
set for regular municipal elections. Logic and Accuracy Testing for any city
special election will be conducted by the City.
2.2.2 Each City will pay an administration fee for this service as set out in Section 3
below.
2.2.3 Copies of the logic and accuracy testing will be provided to each City.
2.3 Voter Pamphlet — to include Borough and City candidates and issues
2.3.1 The Borough Clerk's Office shall provide each City with forms for candidate
and ballot proposition submissions, as well as sample ballots, for inclusion in
the Information Brochure (Voter Pamphlet). Completed forms must be
submitted to the Borough Clerk's Office in camera-ready format and by the
deadlines established by the Borough Clerk's Office. Each City will pay an
administration fee for this service as set out in Section 3 below.
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 2 of 7
2.4 Shared services for absentee voting sites
2.4.1 The Borough Clerk's Office will open an absentee voting site two weeks prior
to the regular election and on election day and will provide absentee voters to
have access to borough and city ballots for all precincts within the borough.
2.4.2 This is an in -kind service; there is no administrative charge for this service.
2.5 Absentee Ballot Application Database
2.5.1 The Borough Clerk's Office will administer and maintain an online absentee
ballot application platform for the borough and participating cities. The
Borough Clerk's Office will manually enter all paper applications to the
application platform.
2.5.2 The Borough Clerk's Office will provide each participating City with a list of
applicants/voters that requested a city ballot in addition to a borough ballot. The
Borough Clerk's Office will provide the participating City with copies of the
applications upon request. The first application list will be provided to each City
no later than three weeks prior to election day. Supplemental lists will be
provided to each participating City weekly, or bi-weekly depending on volume,
thereafter.
2.6 Election worker recruitment, training, and administration
2.6.1 The Borough Clerk's Office will recruit, train, and provide for administration
of all shared election workers, to include election judges, election officials,
election boards, and any other similar terms in Borough code referring to
election workers. Election workers hired for a regular municipal election will
be considered temporary employees of the Borough. City is responsible for
training election workers in regards to the accountability of city ballots. A
participating city will directly hire election workers for any city special
elections.
2.6.2 For the purposes of Workers' Compensation and all other employment related
matters Election Workers are considered temporary employees of the Borough,
except pursuant to paragraph 2.5.1 above election workers hired for city special
elections will be considered temporary employees of the city.
2.7 Equipment rental, delivery and storage
2.7.1 The Borough Clerk's Office will prepare and provide all necessary election
equipment to be delivered to precinct polling sites and absentee voting sites for
the regular municipal election, unless specific arrangements are defined in the
City's PA.
2.7.2 There is no charge for equipment rental for the regular municipal election unless
specific arrangements are defined in the City's PA.
2.7.3 All equipment delivered to the Cities prior to election day are to be stored in a
secure and locked room with access limited to election personnel.
2.8 Precinct/Polling Site Rental
2.8.1 In the event a polling site requires a rental charge, the KPB will handle all
aspects of securing the site for use.
2.8.2 Each City will pay an administration fee for this service as set out in Section 3
below.
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 3 of 7
2.9 Special elections support
2.9.1 Section 2.1 through 2.7 above do not apply to City special elections.
2.9.2 Unless specific arrangements are otherwise made with individual cities, the
Borough Clerk's Office will work with the Borough's election software vendor
to prepare the special election database and ballots, as well as provide for use
of Borough election equipment for the City's special election. The Borough
Clerk's Office will prepare the media for the voting equipment. Voting and
precinct equipment to include ballot tabulator, ADA compliant tablet, ballot
printer, ballot box, voting booths, precinct signs and election supplies per
precinct for special elections conducted by a City.
2.9.3 Each City will pay an administration fee for this service as set out in Section 3
below. The Borough will not provide an absentee voting site for special
elections conducted by a City. Each City will pick up and return the Borough's
election equipment that will be used in its special election.
3. CITIES OBLIGATIONS AND FEES
3.1 The Cities' respective Clerk's Office will open, organize, and manage an absentee
voting site two weeks prior to the regular election and on election day and provide for
absentee voters to have access to borough ballots for precincts within or near city limits.
This includes maintaining the work schedules for the shared absentee election officials
working at their site.
3.2 Each participating City is responsible for training election workers in city precincts,
providing necessary reference materials, as well as proper chain of custody and
accountability for city ballots.
3.3 Each City will provide ballot content in camera ready state and submit final approval
of ballot proofs by the deadlines set by the Borough Clerk's Office.
3.3.1 The Cities' respective Clerk's Office will provide all candidate information and
proposition language to the Borough Clerk's Office within the set timelines for
ballot preparation/setup/printing and inclusion in the voter pamphlet.
3.4 Each City will have a city representative present during Logic and Accuracy Testing
as scheduled by the Borough Clerk's Office.
3.5 Each City will pay an administration fee for this contracted service in accordance with
the following fee schedule:
Service
Cost
Description
Election Database
$1,000 per regular
See description of services in 2.1
Preparation and Ballot
election
above.
Setup
Logic and Accuracy
$150 per regular
See description of services in 2.2
Testing
election
above.
Voter Pamphlet
$120 per page
See description of services in 2.3
above.
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 4 of 7
Shared services for
No charge, in kind
See description of services in 2.4
absentee voting sites
service provided.
above.
Administration of
$200 per regular
See description of services in 2.5
Absentee Ballot
election
above.
Application Database
Election worker
50% of wages and
Wages are based on the current
recruitment, training,
employer's share of
election worker hourly rate as set
and administration
FICA for all election
through the borough's budget
officials working at
process.
polling locations
within city's
See description of services in 2.5
jurisdiction.
above.
Equipment delivery
No charge
See description of services in 2.6
above.
Equipment Rental
No charge, unless
See description of services in 2.6
(regular elections)
specific arrangements
above.
are defined in the
City's PA.
Precinct rental fees
1/2 of the rental costs,
See description of services in 2.7
if charged by the
above.
polling location.
City Special Elections
$1,500 KPB Admin
See description of services in 2.8
Fee, plus actual costs
above.
KPB Administrative fee
of election preparation
includes: preparation of
election database & media,
and ballot setup fees
equipment rental (ballot
from software vendor.
tabulator, ADA compliant
voting tablet, ballot printer,
Special Election
ballot box, voting booths &
ballots are ordered by
precinct signs), and
the cities directly from
equipment precinct supplies.
the ballot printer.
4. ELECTION WEBPAGES AND LOCAL INFORMATION
The parties agree that the Borough and each participating city will maintain their own
election webpages and related informational materials regarding municipal elections, with
each party responsible for its own associated costs.
5. WITHDRAWAL
5.1 If the Borough or a participating city wants to withdraw from this agreement, they must
provide 4 months written notice.
5.2 The Borough or a participating city cannot cancel or terminate this agreement within
90 days of the regular municipal election.
MAIN MEMORANDUM OF AGREEMENT- MUNICIPAL ELECTIONS
Page 5 of 7
6. TERM OF AGREEMENT
The initial term of this Agreement, and accompanying PA, is for three years, effective from
the signature date on each City's Participating Addendum. This Agreement and a City's
accompanying PA, may be renewed thereafter, by January 31 of each renewal year by
written agreement of the Borough and the participating city. Renewal agreements must
address any inflationary increases to the fee schedule in Section 3.
7. CITY AND KPB CODE AND STATE LAW
In the event of a conflict between this Agreement, a PA, and any such code or state law,
the applicable code or state law shall control.
& INSURANCE
Each Party is responsible for the purchase and maintenance of minimum insurance
coverage as specified in this section or at levels deemed appropriate by the Party. Insurance
coverage identified below sets forth minimum acceptable levels only and shall not be
deemed to be a representation of coverage adequacy or limit on liability. Insurance
obligations to provide insurance may be met by providing evidence of fiscal responsibility
or self-insurance.
Insurance coverage must remain in effect for duration of this Agreement, the PA, and any
renewal periods. This insurance shall be primary and exclusive of any insurance carried
by any other party to the Agreement.
8.1. Commercial General Liability insurance of not less than $1,000,000 combined
single limit bodily injury and property damage per occurrence.
8.2 Worker's Compensation and Employer's Liability insurance must 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 9.80, each of which when so executed shall
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 6 of 7
constitute an original and all of which together shall constitute one and the same
instrument.
12. ENTIRE AGREEMENT
This Agreement and Participating Addendums 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. SAVINGS CLAUSE
If any provision of this Agreement is 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. SUBJECT TO APPROPRIATION
Any Borough or city financial obligations under this Agreement are subject to lawful
appropriations by the respective governing body for the specific purpose of carrying out
the Borough and City's obligations.
KENAI PENINSULA BOROUGH
144 N BINKLEY STREET
SOLDOTNA, AK 99669
By: Peter A. Micciche, Mayor
Date:
ATTEST:
Michele Turner, MMC, Borough Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Sean Kelley, Borough Attorney
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 7 of 7
CITY OF KENAI PARTICIPATING ADDENDUM
to the
MAIN MEMORANDUM OF AGREEMENT
BETWEEN THE KENAI PENINSULA BOROUGH AND PARTICIPATING CITIES
FOR THE INTERGOVERNMENTAL ADMINISTRATION OF MUNICIPAL
ELECTIONS
This Participating Addendum ("PA") is entered into by and between the Kenai Peninsula Borough
("Borough") and the City of Kenai ("City").
1. Purpose
The purpose of this PA is to enable the City to participate in the Main Memorandum of Agreement
("Agreement") between the Kenai Peninsula Borough and participating cities for the
intergovernmental administration of municipal elections conducted in November.
2. Incorporation of Main Agreement
The terms and conditions of the Agreement are incorporated herein by reference. Except as
specifically modified by this PA, all terms and conditions of the Agreement shall apply to the City.
3. Participation
By execution of this PA, the City elects to participate in the Agreement and authorizes the Borough
Clerk's Office to administer the City's municipal election in accordance with the terms of the
Agreement and applicable law.
4. Effective Date
This PA is effective upon execution by the participating city and will remain in effect for the
duration of the Agreement unless terminated in accordance with the provisions of the Agreement.
5. City -Specific Provisions
The terms of the Agreement are hereby modified to include the following additional provision
applicable to the City:
2.7 Equipment rental, delivery and storage
2.7.4 The Borough provides election equipment for all precincts and absentee voting sites.
The Borough will provide the City a ballot box and tabulator for the City's use in
canvassing their election. The Borough Clerk's Office will prepare separate media for the
tabulator. The administrative fee for this specific equipment rental and additional media
preparation is $500 per election. The City is responsible for the delivery and return of the
Borough's equipment used to canvass City elections in a timely manner.
PARTICIPATING ADDENDUM — CITY OF KENAI
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 1 of 2
6. Relationship to Agreement
This PA is intended to document the City's participation in the Agreement and incorporate any
City specific provisions into the Agreement. In the event of a conflict between the Agreement and
this Addendum, the provisions of this PA shall control for matters specific to the City.
7. Execution
By signing below, the city agrees to the terms and conditions of this Participating Addendum and
the Master Memorandum of Agreement.
CITY OF KENAI
210 FIDALGO AVENUE
KENAI, AK 99611
By: Terry Eubank, City Manager
Date:
ATTEST:
Shellie Saner, MMC, City Clerk
PARTICIPATING ADDENDUM — CITY OF KENAI
MAIN MEMORANDUM OF AGREEMENT — MUNICIPAL ELECTIONS
Page 2 of 2