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010 of 2021 - County Election Services Interlocal AgreementRESOLUTION ________ OF 2021 Authorizing approval of an Interlocal Cooperative Agreement between Salt Lake City Corporation and Salt Lake County regarding the County provided Election Assistance Services for the City. WHEREAS, Title 11, Chapter 13, Utah Code allows public entities to enter into cooperative agreement to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED, by the City Council of Salt Lake City, Utah as follows: 1. It does hereby approve the execution and delivery of the following: AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SALT LAKE COUNTY, ON BEHALF OF THE COUNTY CLERK ELECTION DIVISION, EFFECTIVE ON THE DATE IT IS SIGNED BY ALL PARTIES, REGARDING THE COUNTY PROVIDING ELECTION ASSISTANCE SERVICES TO THE CITY. 2. Erin Mendenhall, Mayor of Salt Lake City, Utah or her designee is hereby authorized to approve, execute, and deliver said agreement on behalf of Salt Lake City Corporation, in substantially the same form as now before the City Council and attached hereto, subject to such minor changes that do not materially affect the rights and obligations of the City there under and as shall be approved by the Mayor, her execution thereof to constitute conclusive evidence of such approval. PASSED by the City Council of Salt Lake City this day of , 2021. SALT LAKE CITY COUNCIL CHAIRPERSON ATTEST: CITY RECORDER APPROVED AS TO FORM: Salt Lake City Attorney’s Office 04/16/2021 April 20 10 Amy Fowler (May 5, 2021 07:03 MDT) Cindy Trishman (May 6, 2021 01:47 MDT) 2021 Resolution Approving the Interlocal Agreement Final Audit Report 2021-04-16 Created:2021-04-16 By:Lauren Shafer (lauren.shafer@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAC5OE4eV7nRvFVVVcW_YEWcYwUe_9L8H1 "2021 Resolution Approving the Interlocal Agreement" History Document created by Lauren Shafer (lauren.shafer@slcgov.com) 2021-04-16 - 9:32:12 PM GMT- IP address: 204.124.13.151 Document emailed to Boyd Ferguson (boyd.ferguson@slcgov.com) for signature 2021-04-16 - 9:33:11 PM GMT Email viewed by Boyd Ferguson (boyd.ferguson@slcgov.com) 2021-04-16 - 9:48:21 PM GMT- IP address: 204.124.13.222 Document e-signed by Boyd Ferguson (boyd.ferguson@slcgov.com) Signature Date: 2021-04-16 - 9:48:33 PM GMT - Time Source: server- IP address: 204.124.13.222 Agreement completed. 2021-04-16 - 9:48:33 PM GMT Signature: Email: Kory Solorio (Apr 23, 2021 16:35 MDT) Kory Solorio kory.solorio@slcgov.com County Contract No._________________ D.A. No. _________________ 1 INTERLOCAL COOPERATION AGREEMENT between SALT LAKE CITY CORPORATION and SALT LAKE COUNTY on behalf of the FOR MUNICIPAL ELECTION THIS AGREEMENT is made and entered into the ____ day of Office, Elections Division; and SALT LAKE municipal corporation created under the laws of the State of Utah. R E C I T A L S: elections division, to the City for the purpose of assisting the City in conducting the WHEREAS, the City desires to engage the County for such services; and WHEREAS, the parties are public agencies and are therefore authorized by the Utah Interlocal Cooperation Act, UTAH CODE ANN. §§ 11-13-101 to -608 (2018), to enter into agreements to cooperate with each other in a manner which will enable them to make the most efficient use of their resources and powers. AGREEMENT: NOW THEREFORE, in exchange for valuable consideration, including the mutual covenants contained in this Agreement, the parties covenant and agree as follows: Salt Lake City Contract No. 15-1-21-3268 CA0000000000857 2 1.Term. The County shall provide election services described below to the City commencing on the date this Agreement is executed and terminating on December 31, 2021. Either party may cancel this Agreement upon thirty (30) days written notice to the other party. Upon such cancellation, each party shall retain ownership of any property it owned prior to the date of this Agreement, and the City shall own any property it created or acquired pursuant to this Agreement. 2.Scope of Work. The services to be provided by the County shall be as set forth in the Scope of Work, attached hereto and incorporated by reference as Exhibit general municipal elections. 3.Legal Requirements. a. The County and the City understand and agree that the 2021 City responsible for compliance with all legal requirements for these elections. The City agrees to translate ballot issues, if any, into Spanish. The County will provide the remaining Spanish translations for the ballot and other election materials as required by law. The County agrees to work with the City in complying with all legal requirements for the conduct of these elections and conduct these elections pursuant to the direction of the City, except as provided election results through its website merely as a courtesy and convenience to the City. The City, and not the County, is responsible to resolve any and all election 3 questi authority. b. The County and the City understand and agree that if the County offers services or resources to conduct an instant runoff voting election, or rank choice voting, as described in sections 20A-4-603 and -604, U TAH CODE ANN. (2018), the County will provide the estimated cost of administering such an election. c. In accordance with 20A-4-602(3)(a), the City shall provide the Lt. Governor and the County notice of its intent to use Rank Choice Voting as its selected method of voting, no later than April 15, 2021. 4.Cost. In consideration of the services performed under this Agreement, the City shall be obligated to pay the County. If the City selects a traditional vote election, the City shall pay an amount not to exceed the estimate attached hereto and election/rank choice voting election, an estimate of such services shall be provided a written invoice to the City at the conclusion of the elections, and the City shall pay the County within thirty days of receiving the invoice. The invoice shall contain a summary of the costs of the election and shall provide the formula for allocating the costs among the issues and jurisdictions participating in the elections. In the case of a vote recount, election system audit, election contest, or similar event arising out of the events, based on a written invoice provided by the County. The invoice amount for these additional services may cause the total cost to the City to exceed the estimate 4 given to the City by the County. For such consideration, the County shall furnish all materials, labor and equipment to complete the requirements and conditions of this Agreement. 5. Governmental Immunity. The City and the County are governmental entities and subject to the Governmental Immunity Act of Utah, UTAH CODE ANN. §§ Agreement shall be deemed a waiver of any rights, statutory limitations on liability, or defenses applicable to the City or the County under the Governmental Immunity Act or common law. Each party shall retain liability and responsibility for the acts and omissions of their representative officers. In no event shall this Agreement be construed to establish a partnership, joint venture or other similar relationship between the parties and nothing contained herein shall authorize either party to act as an agent for the other. Each of the parties hereto assumes full responsibility for the negligent operations, acts and omissions of its own employees, agents and contractors. It is not the intent of the parties to incur by this Agreement any liability for the negligent operations, acts, or omissions of the other party or its agents, employees, or contractors. 6. No Obligations to Third Parties. obligations under this Agreement are solely to the City. This Agreement shall not confer any rights to third parties. 7. Indemnification. Subject to the provisions of the Act, the City agrees to indemnify and hold harmless the County, its agents, officers and employees from and against any and all actions, claims, lawsuits, proceedings, liability, damages, losses and 5 performance of this Agreement to the extent the same are caused by any negligent or wrongful act, error or omission of the City, its officers, agents and employees and including but not limited to claims that the County violated any state or federal law in the provision of election services under this Agreement. 8.Election Records. The City shall maintain and keep control of all records created pursuant to this Agreement and from the elections relevant to this Agreement. The City shall respond to all public record requests related to this Agreement and the underlying elections and shall retain all election records consistent with the Government Records Access and Management Act, UTAH CODE ANN. §§ 63G-2-101 to -901 (2018), and all other relevant local, state and federal laws. 9.Service Cancellation. If this Agreement is canceled by the City as provided above, the City shall pay the County on the basis of the actual services performed according to the terms of this Agreement. Upon cancellation of this Agreement by either party, the County shall submit to the City an itemized statement for services rendered under this Agreement up to the time of cancellation and based upon the dollar amounts for materials, equipment and services set forth herein. 10.Legal Compliance. The County, as part of the consideration herein, shall comply with all applicable federal, state and county laws governing elections. 11.Agency. No agent, employee or servant of the City or the County is or shall be deemed to be an employee, agent or servant of the other party. None of the compensation insurance, health insurance and unemployment insurance, are available to the employees, agents, or servants of the other party. The City and the County shall 6 each be solely and entirely responsible for its own acts and for the acts of its own agents, employees and servants during the performance of this Agreement. 12. Force Majeure. Neither party shall be liable for any excess costs if the failure to perform arises from causes beyond the control and without the fault or negligence of that party, e.g., acts of God, fires, floods, strikes or unusually severe weather. If such condition continues for a period in excess of 60 days, the City or the County shall have the right to terminate this Agreement without liability or penalty effective upon written notice to the other party. 13.Notices. Any notice or other communication required or permitted to be given under this Agreement shall be deemed sufficient if given by a written communication and shall be deemed to have been received upon personal delivery, actual receipt, or within three (3) days after such notice is deposited in the United States mail, postage prepaid, and certified and addressed to the parties as set forth below: Salt Lake County Salt Lake County Mayor 2001 South State Street, N2-100 Salt Lake City, Utah 84190 and Michelle Blue Fiscal Manager City Salt Lake County Clerk's Office 2001 South State, Suite S1-200 Salt Lake City, Utah 84190-1050 ema mblue@il: slco.org mail: 7 14.Required Insurance Policies. Both parties to this Agreement shall maintain insurance or self-insurance coverage sufficient to meet their obligations hereunder and consistent with applicable law. 15.Independent Contractor. Because the County is consolidating election functions in order to conduct multiple, simultaneous elections on August 10, 2021, and be subject to review by the City. It is therefore understood by the parties that the County will act as an independent contractor with regard to its decisions regarding resources, procedures and policies based upon providing the same scope and level of service to all 16.No Officer or Employee Interest. It is understood and agreed that no officer or employee of the County has or shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds resulting from the performance of this Agreement. No officer or employee of the City or any member of their families shall serve on any County board or committee or hold any such position which either by rule, authorizes funding or payments to the City with respect to this Agreement. 17.Ethical Standards. The City represents that it has not: (a) provided an illegal gift to any County officer or employee, or former County officer or employee, or to any relative or business entity of a County officer or employee, or relative or business entity of a former County officer or employee; (b) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees of bona fide commercial agencies established for the purpose of securing business; (c) breached any of the 8 ethical standards set forth in State statute or section 2.07, Salt Lake County Code of Ordinances; or (d) knowingly influenced, and hereby promises that it will not knowingly influence, any County officer or employee or former County officer or employee to breach any of the ethical standards set forth in State statute or Salt Lake County ordinance. 18.Interlocal Agreement. In satisfaction of the requirements of the Utah Interlocal Cooperation Act, UTAH CODE ANN. §§ 11-13-101 to -608 (2018), (the follows: a. This Agreement shall be approved by each party, pursuant to section 11-13-202.5 of the Interlocal Act; b. This Agreement shall be reviewed as to proper form and compliance with applicable law by a duly authorized attorney on behalf of each party, pursuant to Section 11-13-202.5 of the Interlocal Act; c. A duly executed original counterpart of this Agreement shall be filed with the keeper of records of each party, pursuant to section 11-13-209 of the Interlocal Act; d. Except as otherwise specifically provided herein, each party shall be responsible for its own costs of any action performed pursuant to this Agreement, and for any financing of such costs; and e. No separate legal entity is created by the terms of this Agreement. No real or personal property shall be acquired jointly by the parties as a result of this Agreement. To the extent that a party acquires, holds or disposes of any real or personal property for use in the joint or cooperative undertaking contemplated 9 by this Agreement, such party shall do so in the same manner that it deals with other property of such party. To the extent that this Agreement requires administration other than as set forth herein, it will be administered by a joint board of the County Clerk and the City Recorder, or their designees. f. County and City Representatives. representative to assist in the administrative management of this Agreement and to coordinate performance of the services under this Agreement. Representative shall have the responsibility of working with the County to coordinate the performance of its obligations under this Agreement. g. Either party may withdraw from the joint or cooperative undertaking described in this Agreement only upon the termination of this Agreement. h. Voting by the respective County Clerk and City Recorder will be based on one vote per party. i. The functions to be performed by the joint or cooperative undertaking are those described in this Agreement. j. The powers of the joint board are those described in this Agreement. 19.Counterparts. This Agreement may be executed in counterparts by the City and the County. 10 20.Governing Law. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance. All actions including but not limited to court proceedings, administrative proceedings, arbitration and mediation proceedings, shall be commenced, maintained, adjudicated and resolved within Salt Lake County. 21.Integration. This Agreement embodies the entire agreement between the parties relating to the subject matter of this Agreement and shall not be altered except in writing signed by both parties. 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. SALT LAKE COUNTY: __________________________________ Mayor or Designee Date: _____________________________ Recommended for Approval: _________________________________ Sherrie Swensen Salt Lake County Clerk Approved as to Form: _________________________________ By: ______________________________ Deputy District Attorney Date: _____________________________ SALT LAKE CITY CORPORATION: By: _______________________________ Title: ______________________________ Date: _____________________________ SALT LAKE CITY CORPORATION: By: _______________________________ Title: ______________________________ Date: _____________________________ City Attorney Senior City Attorney ATTESTED CINDY LOU TRISHMAN City Recorder commended for Approval: ________________________ Kimberly Barnett Digitally signed by Kimberly Barnett Date: 2021.04.29 13:15:09 -06'00' Exhibit “A” 2021 Municipal Elections Scope of Work Traditional Voting The City agrees to the consolidation of all election administrative functions to ensure the successful conduct of multiple, simultaneous municipal, local district elections and county elections and the County agrees to conduct vote by mail/consolidated polls elections for the City. In a consolidated election, decisions made by the County regarding resources, procedures and policies are based upon providing the same scope and level of service to all the participating jurisdictions and the City recognizes that such decisions, made for the benefit of the whole, may not be subject to review by the City. Services the County will perform for the City include, but are not limited to: Ballot layout and design Ballot ordering and printing Machine programming and testing Delivery of supplies and equipment Provision of all supplies Election vote center/early vote locations Vote by Mail administration Updating state and county websites Tabulating, reporting, auditing and preparing canvassing election results Conducting recounts as needed All notices and mailings required by law (except those required by Utah Code Ann. Ch. 11-14, Part 2 and § 20A-9-203) Direct payment of all costs associated with the elections to include vote center workers, training, polling places, rovers. The City will provide the County Clerk with information, decisions, and resolutions and will take appropriate actions required for the conduct of the elections in a timely manner. The County will provide a good faith estimate for budgeting purposes (Exhibit “B”). Election costs are variable and are based upon the offices scheduled for election, the number of voters, the number of jurisdictions participating as well as any direct costs incurred. The City will be invoiced for its pro-rata share of the actual costs of the elections which will not exceed the estimate in Exhibit B. In the event of a state or county special election being held in conjunction with a municipal election, the scope of services and associated costs, and the method of calculating those costs, will remain unchanged. Rank Choice Voting The City agrees to the consolidation of all election administrative functions to ensure the successful conduct of multiple, simultaneous municipal, local district elections and county elections and the County agrees to conduct vote by mail/consolidated polls elections for the City. The City agrees and understands that choosing to hold Rank Choice Voting will eliminate the need for a primary election. The City agrees and understands that the County can perform Rank Choice Voting for races that rank up to 10 candidates. The County is unable to rank more than 10 candidates in any given race. In a consolidated election, decisions made by the County regarding resources, procedures and policies are based upon providing the same scope and level of service to all the participating jurisdictions and the City recognizes that such decisions, made for the benefit of the whole, may not be subject to review by the City. Services the County will perform for the City include, but are not limited to: Ballot layout and design Ballot ordering and printing Machine programming and testing Delivery of supplies and equipment Provision of all supplies Election vote center/early vote locations Vote by Mail administration Updating state and county websites Tabulating, reporting, auditing, and preparing canvassing election results Conducting recounts as needed All notices and mailings required by law (except those required by Utah Code Ann. Ch. 11-14, Part 2 and § 20A-9-203) Direct payment of all costs associated with the elections to include vote center workers, training, polling places, rovers. The City will provide the County Clerk with information, decisions, and resolutions and will take appropriate actions required for the conduct of the elections in a timely manner. The City will provide all voter education outreach related to Rank Choice Voting. The County will provide a good faith estimate for budgeting purposes (Exhibit “B”). Election costs are variable and are based upon the offices scheduled for election, the number of voters, the number of jurisdictions participating as well as any direct costs incurred. The City will be invoiced for its pro-rata share of the actual costs of the elections which will not exceed the estimate in Exhibit B. In the event of a state or county special election being held in conjunction with a municipal election, the scope of services and associated costs, and the method of calculating those costs, will remain unchanged. Exhibit “B” 2021 Election Costs Salt Lake City Below is the good faith estimate for the upcoming 2021 Municipal Election for Salt Lake City. Assumptions for providing this estimate consist of the following: A. Active voters (as of 3/8/2021): 70,027 B. Election for the offices below: Salt Lake City may select either a traditional vote election, or an instant runoff vote election (rank choice voting). If the City selects a traditional vote election, the City will be billed for actual costs, which will not exceed this estimate. Traditional Voting Election NTE Cost: $134,923 If the City selects an instant runoff voting election/rank choice voting election, the City will be billed for actual costs, which are estimated below. Rank Choice Voting Election Estimated Cost for both Primary & General: $135,642* Rank Choice Voting Election Estimated Cost for General Election Only: $81,673* *Annual licensing fees of $10,000 will be shared by all municipalities that select Rank Choice Voting (RCV). If your jurisdiction alone were to select this option, you would solely bear all licensing costs associated with RCV, in addition to the estimated costs above. 2021 Offices Council District 1 Council District 2 Council District 3 Council District 5 Council District 7 82,387.00 0900714 2590 82,387.00 Boyd Ferguson Katherine Lewis Attorney Lindsay Ross Attorney (801) 535-7722 Please email a recorded copy to lindsay.ross@slcgov.com. Resolution 10 of 2021 (Approving County Election Services Interlocal) adopted 04-20-21 Final Audit Report 2021-05-06 Created:2021-04-23 By:Kory Solorio (kory.solorio@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAiSC5UHWzESR-EznHtVYFG85GAYCQTlud "Resolution 10 of 2021 (Approving County Election Services Inte rlocal) adopted 04-20-21" History Document created by Kory Solorio (kory.solorio@slcgov.com) 2021-04-23 - 10:29:41 PM GMT- IP address: 204.124.13.222 Document e-signed by Kory Solorio (kory.solorio@slcgov.com) Signature Date: 2021-04-23 - 10:35:37 PM GMT - Time Source: server- IP address: 204.124.13.222 Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature 2021-04-23 - 10:35:39 PM GMT Email viewed by Amy Fowler (amy.fowler@slcgov.com) 2021-05-05 - 1:03:32 PM GMT- IP address: 136.36.122.143 Document e-signed by Amy Fowler (amy.fowler@slcgov.com) Signature Date: 2021-05-05 - 1:03:51 PM GMT - Time Source: server- IP address: 136.36.122.143 Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2021-05-05 - 1:03:52 PM GMT Cindy Trishman (cindy.trishman@slcgov.com) uploaded the following supporting documents: File Attachment 1 2021-05-06 - 7:47:19 AM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2021-05-06 - 7:47:19 AM GMT - Time Source: server- IP address: 204.124.13.151 Agreement completed. 2021-05-06 - 7:47:19 AM GMT