HomeMy WebLinkAboutAgenda Packet CC - 08/08/2016 - Special Called Agenda Packet - 8-8-2016
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall, Suite 107E
Monday, August 8, 2016 Special Called Meeting 5:45 PM
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 16-172)
4) PUBLIC COMMENT
5) PUBLIC HEARING
6) NEW BUSINESS
1. Consideration of a Corrected Intergovernmental Agreement for the
Provision of Election Services between Fulton County, Georgia and City of
Milton, Georgia.
(Agenda Item No. 16-173)
(Ken Jarrard, City Attorney)
7) ADJOURNMENT
(Agenda Item No. 16-174)
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF ELECTION SERVICES
BETWEEN
FULTON COUNTY, GEORGIA and
CITY OF MILTON, GEORGIA
THIS INTERGOVERNMENTAL AGREEMENT is entered into this day of
2016, between Fulton County, Georgia ("County"), a political subdivision of
the State of Georgia, and the City of Milton, Georgia ("City"), a municipal corporation lying
wholly or partially within the County.
WHEREAS, the parties to this Agreement are both goverrunental units; and
WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient
and cooperative relationship that will promote the interests of the citizens of both jurisdictions;
and
WHEREAS, both parties are interested in serving the needs of the citizens of the City by
the County providing for the services of conducting the election pertaining to a bond referendum
in to be held in November, 2016; and
WHEREAS, the City desires to contract with the County to conduct this election for the
citizens of the City pursuant to the applicable laws of the State of Georgia; and
WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the
Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for
the provision of facilities or services which they are authorized by law to provide, including an
agreement for the conduct of the City elections; and
WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any
municipality to contract with the county within which that municipality wholly or partially lies to
conduct any or all elections; and
WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance
authorize a county to conduct such election(s), and the City has adopted such an ordinance; and
WHEREAS, the Fulton County Board of Registration and Elections ("BRE") has
jurisdiction over the conduct of primaries and elections and the registration of electors in the
County; and
WHEREAS, the BRE, among other things, is responsible for the selection and
appointment of the elections Superintendent, who selects, appoints, and trains poll workers for
elections;
NOW THEREFORE, in consideration of the following mutual obligations, the County
and City agree as follows:
ARTICLE 1
CONDUCT OF ELECTIONS
1.1 This Agreement will govern the conduct of the November 2016 election pertaining to the
bond referendum. It is the intent of the parties that this election be conducted in compliance with
all applicable federal, state and local legal requirements.
1.2 For each City election, City, at its sole option, shall submit to County a request in the
form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2-
540, now and as it may be amended hereafter, to the address specified in the Notice Section
below. If a timely request is not made, the County shall have no obligation to conduct the City
election which was the subject of the request.
1.3 In the event any special City election becomes necessary, the City and the County shall
confer and determine a mutually convenient date as allowed by law to conduct any such election.
ARTICLE 2
TERM OF AGREEMENT
This Agreement shall commence on the date that it is executed by or on behalf of the
governing authority of Fulton County, Georgia and will terminate on December 31, 2016, unless
otherwise terminated as set forth herein.
ARTICLE 3
DUTIES AND RESPONSIBILITIES
Pursuant to this Agreement, each party shall provide the following enumerated services
for the election to be held November 8, 2016:
3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City
election, the County through the Superintendent or their designee(s) shall be responsible for:
a) Designating early and advance voting sites and hours;
b) Placing the City's referendum question(s) on the ballot for a City election after
timely written notice from the City is received by the County (which such notice shall
include all necessary details and information);
C) Hiring, training, supervising and paying poll officers and absentee ballot clerks;
d) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. §
21-2-224(e), now and as it may be amended hereafter, a list of electors.
C) Performing duties of elections Superintendent, and absentee ballot clerk for the
November 8, 2016 City election;
Page 2 or 12
f) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and
.07 of the Official Compilation of Rules and Regulations of the State of Georgia, now
and as they may be hereafter amended;
g) Providing staff, equipment and supplies for conducting the November 8, 2016
City election at City polling places on City election days and for conducting recounts as
may be required;
h) Certifying City election returns as required by state law O.C.G.A. § 21-2-493,
now and as it may be amended hereafter, and submitting certified City election returns to
the Georgia Secretary of State and City Clerk or as otherwise directed;
i) Upon a change in City precincts or voter districts, notifying City residents of any
change in voting districts and/or municipal precincts; and
3.2 The City shall be responsible for:
a) Adopting Election resolutions pursuant to O.C.G.A_ § 21-2-45(c), now and as it
may be amended hereafter, and calls for special City elections as required by O.C.G.A. §
21-2-540, now and as it may be amended hereafter;
b) Placing advertisements in the City's legal organ regarding calls for special City
elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended
hereafter;
c) Not less than 30 days prior to Election Day, verify the accuracy of the voter list(s)
for City residents;
d) Providing the County with a detailed map showing the City's municipal
boundaries and voting district boundaries;
C) For all aspects related to the issuance of bonds by the City, except for City
referendum election duties specifically requested of the County as provided herein;
f) Notifying the County immediately of the need for a special City election
including election races and/or ballot referendum questions;
g) Provide the County the ballot language for any election, including election races
and/or ballot referendum questions, seventy-five (75) days before Election Day for an
election that contains a federal contest and sixty (60) days before Election Day for all
other elections;
h) Providing the County with an electronic copy of referendums that must be placed
on a ballot;
Page 3 or 12
i) Reviewing ballot proofs and notifying County of corrections or approval within
twenty-four (24) hours of receiving proofs for candidate listings; and
j) Otherwise cooperating with the County in the performance of this Agreement and
providing the County such documentation and information as it may reasonably request
to facilitate the performance of its duties under this Agreement.
ARTICLE 4
COMPENSATION AND CONSIDERATION
4.1 Pursuant to this Agreement and O.C.G.A. § 21-2-45(c) now and as it may be amended
hereafter, the City shall pay to the County all costs incurred in performing the functions agreed
upon herein, plus a 10% administrative fee, and City agrees to pay County the actual costs
incurred by County in conducting City elections as stated on the County's invoice.
4.2 For City elections that are to be conducted contemporaneously with a countywide
election, the City will share in the costs of conducting the election, plus a 10% administrative fee
of the actual election costs based on the municipality's pro -rata share of the number of electors in
the municipality versus the total number of electors in the County. The City will pay the actual
cost of such election based on a budget prepared in accordance with the form attached hereto as
Exhibit B.
i) An estimate of the City's pro -rata share of the election costs based on the number
of electors will be provided to the City and 75% of that amount is due to the County ninety (90)
days prior to Election Day.
ii) Following the election, the actual costs of the election will be determined, as well
as the City's pro -rata share of the actual costs.
iii) If based on the estimated election costs a refund is due to the City said refund will
issue within ninety (90) days after the election.
iv) If based on the estimated election costs the City owes the County an additional
amount for the election, the County will issue an invoice for that amount which is due and
payable within thirty (30) days of receipt.
4.3 For City elections that are not conducted contemporaneously with a countywide election,
the City will pay the actual cost of such election based on a budget prepared in accordance with
the form attached hereto as Exhibit C.
i) The City will pay the County the sum determined in Exhibit C for the election to
be maintained in a separate election account. Said amount is due ninety (90) days prior to
Election Day.
ii) Following the election, the actual costs of the election will be determined.
iii) If based on the payment made in compliance with Exhibit C a refund is due to the
City said refund will issue within ninety (90) days after the election.
Page 4 of 12
4.4 Failure to timely remit the funds owed will result in a 10% per month penalty.
ARTICLE 5
LEGAL RESPONSIBILITIES
5.1 The City shall be solely responsible for any liability resulting from any claims or
litigation arising from or pertaining to any City election, except claims or litigation regarding the
acts of agents or employees of the County, the County Board of Registration and Elections, and
the County Election Superintendent in connection with any City Election held pursuant to this
Agreement. The City agrees to reimburse the County for all costs, including, but not limited to,
court costs and attorney fees for the County Attorney or outside counsel, incurred by the County
as a result of any such claim or litigation. The City shall make payment of such reimbursements
to the County within thirty (30) days of receipt of any invoice for reimbursement from the
County.
5.2 In the event that a City election is contested, the City shall be solely responsible for any
liability resulting from any claims or litigation arising from or pertaining to any contested City
election, except claims or litigation regarding the acts of agents or employees of the County, the
County Board of Registrations and Elections, and the County Election Superintendent in
connection with any City Election held pursuant to this Agreement. The City agrees to reimburse
the County for all costs incurred in responding to the election challenge, including, but not
limited to, attorney's fees for the County Attorney or outside counsel and all expenses associated
with the election challenge and any appeals thereafter. The City shall make payment of such
reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement
from the County. If a second election is required, such election will constitute a City Election
under this Agreement and shall be conducted in accordance with the terms of this Agreement.
5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County
with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including,
without limitation, reasonable attorney's fees and legal expenses) to which the County may be
subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful
misconduct, or any other negligence on the part of the City and/or its employees.
5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City
with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including,
without limitation, reasonable attorney's fees and legal expenses) to which the City may be
subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful
misconduct, or any other negligence on the part of the County and/or its employees.
5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity
granted by law.
5.6 Should it be necessary to comply with legal requirements that any of the County's
personnel shall be sworn in as a temporary officer or employee of the City, such formality shall
be observed without limitation.
Page 5 of 12
ARTICLE 6
EMPLOYMENT STATUS
6.1 All County personnel assigned under this Agreement are and will continue to be
employees of the County for all purposes, including, but not limited to: duties and
responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave,
standards of performance, training, workers compensation and disciplinary functions.
6.2 All County personnel assigned under this Agreement are and will continue to be part of
the Fulton County Department of Registration and Elections and under the supervision of the
Superintendent.
6.3 All City personnel assigned under this Agreement are and will continue to be employees
of the City.
ARTICLE 7
RECORDKEEPING AND REPORTING
7.1 The County Registration and Elections Department is the central repository for all
departmental records and makes available public records as defined and required by the Georgia
Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72,
now and as they may be amended hereafter. During the term of this Agreement, the County will
continue to comply with the applicable provisions of the Georgia Open Records Act and the
Georgia Election Code.
7.2 Except as limited by any provision of state or federal law, the City may request, review
and access data and County records at a mutually agreed upon time to ensure compliance with
this Agreement.
ARTICLE 8
E -VERIFY AND TITLE VI
Each party agrees that it will comply with all E -Verify and Title VI requirements and
execute any documents reasonably required related to such compliance. Further, each party
agrees that any contracts let for work completed pursuant to this Agreement shall contain all
required E -verify and Title VI requirements under applicable law.
ARTICLE 9
AUTHORIZATION
Each of the individuals executing this Agreement on behalf of his or her respective party
agrees and represents to the other party that he or she is authorized to do so and further agrees
and represents that this Agreement has been duly passed upon by the required governmental
agency or council in accordance with all applicable laws and spread upon the minutes thereof.
The parties hereto agree that this Agreement is an intergovernmental contract and is entered into
pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983.
Page 6 of 12
Further, the Fulton County Board of Registration and Elections has reviewed and
approved this Agreement and has authorized its Chairman and its Chief Administrative Officer
to execute any ancillary documents required to complete the November 2016 election pertaining
to the bond referendum, including but not limited to the notice of the call of the special election
and the notice of the special election.
ARTICLE 10
TERMINATION AND REMEDIES
Either party may unilaterally terminate this Agreement, in whole or in part, for any
reason whatsoever or no reason at all, by notice in writing to the other party delivered at least
thirty (30) days prior to the effective date of the termination.
ARTICLE 11
NOTICES
All: required notices shall be given by certified first class U.S. Mail, return receipt
requested. The parties agree to give each other non binding duplicate facsimile notice. Future
changes in address shall be effective upon written notice being given by the City to the County
Elections Superintendent or by the County to the City Manager via certified first class U.S. mail,
return receipt requested. Notices shall be addressed to the parties at the following addresses:
If to the County: Fulton County Board of Registration and Elections
Attn: Director
130 Peachtree St SW, Suite 2186
Atlanta, Georgia 30303
Facsimile: 404.730.7024
With a copy to: Fulton County Office of the County Attorney
Attn: County Attorney
141 Pryor Street SW, Suite 4038
Atlanta, Georgia 30303
Facsimile: 404.730.6540
If to the City: City Manager
With a copy to: City Attorney
Page 7 of 12
ARTICLE 12
NON -ASSIGNABILITY
Neither party shall assign any of the obligations or benefits of this Agreement.
ARTICLE 13
ENTIRE AGREEMENT
The parties acknowledge, one to the other, that the terms of this Agreement constitute the
entire understanding and Agreement of the parties regarding the subject matter of the Agreement.
This Agreement constitutes the entire understanding and agreement between the Parties
concerning the subject matter of this Agreement, and supersedes all prior oral or written
agreements or understandings. No representation oral or written not incorporated in this
Agreement shall be binding upon the City or the County. All parties must sign any subsequent
changes in the Agreement.
ARTICLE 14
SEVERABILITY, VENUE AND ENFORCEABILITY
If a court of competent jurisdiction renders any provision of this Agreement (or portion of
a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision
will be severed and the remainder of this Agreement will continue in full force and effect as if
the invalid provision or portion of the provision were not part of this Agreement. No action taken
pursuant to this Agreement should be deemed to constitute a waiver of compliance with any
representation, warranty, covenant or agreement contained in this Agreement and will not operate or
be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This
Agreement is governed by the laws of the state of Georgia without regard to conflicts of law
principles thereof. Should any party institute suit concerning this Agreement, venue shall be in
the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require
judicial interpretation, .it is agreed that the court interpreting or construing the same shall not
apply a presumption that the terms hereof shall be more strictly construed against one party by
reason of the rule of construction that a document is to be construed more strictly against the
party who itself or through its agent prepared the same, it being agreed that the agents of all
parties have participated in the preparation hereof.
ARTICLE 15
BINDING EFFECT
This Agreement shall inure to the benefit of, and be binding upon, the respective parties'
successors.
ARTICLE 16
COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an
original, and all of which shall constitute but one and the same instrument.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Page 8 o1-12
IN WITNESS WHEREOF, the City and County have executed this Agreement through
their duly authorized officers on the day and year first above written.
FULTON COUNTY, GEORGIA
APPROVED AS TO SUBSTANCE:
(Seal)
Chair, Board of Commissioners
Attest:
Clerk to Commission
Date:
ATTEST:
APPROVED AS TO FORM:
Fulton County Attorney's Office
APPROVED AS TO SUBSTANCE:
Richard Barron
Director, Fulton County Board of Registrations and Elections
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Page 9 of 12
CITY OF MILTON, GEORGIA
(SEAL)
Mayor Municipal Clerk (SEAL)
Date:
APPROVED AS TO FORM: APPROVERAs `I`O SUBSTANCE:
City Attorney
City Manager
P:\,C,AContracts\Elections16.29.16 Milton CONTRACT I+ Iovember2016(revised).doe
Page 10 of 12
EXHIBIT A
As per the Agreement executed on _ , THE CITY OF MILTON
hereby requests that Fulton County conduct its Special Election on November, 8th 2016 within
the boundary of Fulton County.
The last day to register to vote in this election is October 1,1, 2016.
The list of early voting locations will be forthcoming.
This day of , 20
(SEAL)
Municipal Clerk
The Fulton County Board of Registrations and Elections agrees toconduct the CITY OF
MILTON Special Election on November 8; 2016 within the boundary ofFulton Coufity:
This day of , 20
(SEAL)
Elections Superintendent
Fulton County Board of Registrations and
Elections
Page 1 I of 12
MILTON SPECIAL ELECTION - 11/8/2016 350-265-
1001 SALARIES -OVERTIME
Admin./Elections/Registration/I.T./ Public Safety/Election Day
SALARIES TEMPORARY STAFF
EARLY VOTING TEMPORARY STAFF
1010 SOCIAL SECURITY -SALARIES
1011 SOCIAL SECURITY -MEDICARE
1060 UNEMPLOYMENT INS
1120 - RENTAL EQUIPMENT
1121 - RENTAL BUILDINGS
1159 HOURLY FEE PERSONNEL
Poll Worker Pay and Training Class Fee
Election Day Technicians
_Election Night Workers
HOURLY FEE PERSONNEL
1160 PROFESSIONAL SERVICES
Attorney Fees/Misc
TOTAL PROFESSIONAL SERVICES
1169 FEES
BRE Board Meeting Fees
TOTAL BRE FEES
1342 ADVERTISING
Advertisment
TOTAL ADVERTISING
1346 MILEAGE
TOTAL 1346 MILEAGE
EXHIBIT B
COST
$10,883.00
11,626.00
$2,179.00
$605.00
k_ $80.00
$3,628.00
$883.00
$10,437.00
$950.00
$40.00
4,011.00
$37.00
1452 VEHICLE SUPPLIES
Gasoline $1,259.00
TOTAL 1452 VEHICLE SUPPLIES
MILTON SPECIAL ELECTION - 1118/2016
1456 POSTAGE
Mailing of Absentee Ballots
Letters to voters, candidates, poll workers
Mailing of Precinct Cards _ _
TOTAL POSTAGE
14 59 PRINTING & BINDING_
Opening & Closing Instructions and SOVC's & PW Manuals
TOTAL 1459 PRINTING & BINDING
1461 PHOTOCOPIES _
Sample Ballots & Letter of Instructions
1462 OFFICE SUPPLIES
Test. Deck, :Ballot Setup Fee, Ballot Cards, Supplies
TOTAL 1462 OFFICE SUPPLIES
1601 INS H - — - -
'
11505 INS L_ _
1510 INS D
_ 1512INSV _
1522 RET
_ 1526 PENE _ — — —
1527 DC CONTR
350-265-
EXHIBIT B
$1,174.00
$11708.00
$89.00
_
$3,415.00
$744.00
$31.0_0
$37.00
$12.00
$1,047.00
$67.00
$1,475.00
$203.00
1529 DC CONTR
SUBTOTAL $56,620
ADMINISTRATIVE FEE -10% $5,662
GRAND TOTAL MILTON SPECIAL ELECTION $62,282
8 -Nov -16,
r, *, - -4
FULTON HUNTY
Fulton County Department of Registration and Elections
130 Peachtree Street, SW
Suite 2186
Atlanta, Georgia 30303
Phone: (404) 612-7020
Fax: (404) 730-7024
Invoice
Date: 6/27/2016
INVOICE # MIL1182016
City of Milton
City Clerk's Office
13000 Deerfield Parkway
To Suite 107
Milton, GA 30004
678-242-2522
Attn: Ms. Sudie Gordon
Qty Description Total
Make all checks payable to: FULTON COUNTY DEPARTMENT OF FINANCE