HomeMy WebLinkAboutRes2021-077 CITY OF SEWARD, ALASKA
RESOLUTION 2021-077 Sponsored by: City Clerk
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AUTHORIZING THE CITY MANAGER TO ENTER INTO
A MEMORANDUM OF AGREEMENT (MOA) WITH THE K:ENAI
PENINSULA BOROUGH FOR THE CO-ADMINISTRATION OF
MUNICIPAL ELECTIONS, AND AUTHORIZING THE MAYOR
TO SIGN K:ENAI PENINSULA BOROUGH JOINT RESOLUTION
2021-001
WHEREAS, each year, the city clerk collaborates with the borough clerk's office to
cooperatively administer the annual regular municipal election; and
WHEREAS,historically,the borough clerk furnishes voting equipment, programming
and testing services,voter pamphlet production and distribution,election board training,ballot
printing, and absentee in-person voting for city residents; and
WHEREAS,in exchange,the city clerk secures the locations for election board training
and election day, provides staff for absentee in-person voting for all borough ballots for the
two weeks prior to election day, assists with securing election board workers, and furnishes
candidate information and proposition language for the city ballot; and
WHEREAS, the costs incurred for the election board workers has historically been
split 50/50 between the city and the borough because election day activities involve both city
and borough ballots; and
WHEREAS, this arrangement between the city and borough has been conducted
cooperatively and satisfactorily for many years; and
WHEREAS, the purpose of this MOA is to memorialize election activities, in keeping
with past practices, and to establish fair, predictable, and equitable costs, responsibilities, and
distributions of work for both offices; and
WHEREAS, the Kenai Peninsula Borough Assembly approved KPB Joint Resolution
2021-001 on July 6, 2021.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA that:
Section 1. The City Manager is hereby authorized to enter into the Memorandum of
Agreement (MOA) for Municipal Elections between the City of Seward and the Kenai Peninsula
Borough in substantial form as attached herein.
Section 2. The Seward City Council hereby authorizes Mayor Terry to sign Kenai Peninsula
CITY OF SEWARD, ALASKA
RESOLUTION 2021-077
..„1
Borough Joint Resolution 2021-001 for the purpose of intergovernmental administration of borough
and city elections.
Section 3.This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th
day of July, 2021.
T E IT F S ARD, A
ri Terry ay
AYES: Seese, Casagranda, DeMoss, Baclaan, McClure, Terry
NOES: None
ABSENT: Osenga
ABSTAIN: None
ATTEST: il
Brenda J. Ball u, MMC
City Clerk
OfrSEy1'•..
(City Seal)`.c-:...'•P_o•'''••
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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.
Joint Resolution No.2021-001
Page 1 of 3
•
APPROVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS
DAY OF ,2021.
Brent Hibbert,Assembly President
ATTEST:
Johni Blankenship, MMC, Borough Clerk
APPROVED BY THE COUNCIL OF THE CITY OF HOMER THIS DAY OF
,2021.
Ken Castner, Mayor
ATTEST:
Melissa Jacobsen, MMC,City Clerk
APPROVED BY THE COUNCIL OF THE CITY OF KENAI THIS DAY OF
,2021.
Brian Gabriel Sr., Mayor
ATTEST:
Jamie Heinz, MMC, City Clerk
APPROVED BY THE COUNCIL OF THE CITY OF SELDOVIA THIS DAY OF
,2021.
Jeremiah Campbell, Mayor
ATTEST:
Heidi Geagel, City Clerk
Joint Resolution No.2021-001
Page 2 of 3
II
L.
APPROVED B THE COUNCIL OF THE CITY IFS A THIS IZ-T' DAY OF
,, , 2021.
risty Terry, ayor
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Br nda Ballow,MM , City Clerk • • r `SEAL
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APPROVED BY THE COUNCIL OF THE CItilf $A THIS DAY OF
, 2021. ssssss....•v,
Paul Whitney, Mayor
ATTEST:
LMichelle M. Saner, MMC, City Clerk
L
Joint Resolution No. 2021-001
Page 3 of 3
Agenda Statement
Meeting Date: July 12, 2021
To: City Council
From: Brenda BalIou, City Clerk
Agenda Item: MOA with KPB for Elections
BACKGROUND & JUSTIFICATION:
The Kenai Peninsula Borough and the City of Seward work cooperatively to administer elections,
and the collaboration is very effective for providing safe and secure elections in the most efficient
and cost-effective way possible.
The city does not own its own election equipment,outside of the voting booths,and must rely upon
the borough or state to furnish the actual voting machines.The proposed MOA is not anticipated by
the city clerk to have a substantial effect on the budget.
INTENT:
Enter into a cooperative agreement with the Kenai Peninsula Borough to formalize cost-sharing for
elections.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here):
2. Strategic Plan (document source here):
3. I Other (list):
FISCAL NOTE:
Approved by Finance De artment:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Approve Resolution 2021-077 to enter a Memorandum of Agreement between the City of Seward
and the Kenai Peninsula Borough for elections.
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 j oint 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 11
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
Page 2 of 11
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 See description of services in
election 2(a) above.
Logic and Accuracy $100 per regular See description of services in
Testing election 2(b) above.
Voter Pamphlet $100 per page See description of services in
2 c above.
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 3 of 11
Shared services for No charge, in kind See description of services in
absentee voting service provided 2(d) above.
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 by the Division of Elections
officials working at
polling locations See description of services in
within city's 2(e) above.
jurisdiction.
Equipment delivery and No charge See description of services in
storage 2(f) above.
Precinct rental or lease 50/50, with a See description of services in
fees maximum charge to 2(g) above.
the city of$50 if
charged by the site
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 5 , 2021 and
terminating Glen'
2026. This Agreement is eligible fo o 5-year renewals by
mutual write c f the parties.
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Rage 4 of 11
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.
II. 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.
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 5 of 11
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: Charlie Pierce, Mayor
Date:
ATTEST: APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Johni Blankenship, Borough Clerk Sean Kelley, Deputy Borough Attorney
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 6 of 11
CITY OF KENAI
210 FIDALGO AVE.
KENAI,AK 99611
By: Paul Ostrander, City Manager
ATTEST:
Jamie Heinz, City Clerk
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 7 of 11
CITY OF HOMER
491 E. PIONEER AVE.
HOMER,AK 99603
By: Rob Dumouchel, City Manager
Date:
ATTEST:
Melissa Jacobsen, City Clerk
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 8 of 11
CITY OF SELDOVIA
PO DRAWER B
SELDOVIA, AK 99663
By: City Manager
Date:
ATTEST:
Heidi Geagel, City Clerk
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 9 of 11
CITY OF SEWARD
PO BOX 167
SEWARD, AK 99664
By: , City Manager
Date:
ATTEST:
AendaIou, City Clerlr
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MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 10 of 11
CITY OF SOLDOTNA
177 N BIRCH ST.
SOLDOTNA,AK 99669
By: Stephanie Queen, City Manager
Date:
ATTEST:
Shellie Saner, City Clerk
MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS
Page 11 of 11