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HomeMy WebLinkAbout[04j] Early Voting Agreement Council Agenda Item 4j MEETING DATE: December 2, 2019 AGENDA ITEM: Early Voting Agreement SUBMITTED BY: Administration BACKGROUND INFORMATION: The agreement is between the City of St. Joseph and Stearns County. The City will provide a polling place beginning the Tuesday prior to the statewide elections. The County will pay the City $727.50 per statewide election for Early Voting in 2020. A number of other area cities will be providing early voting as well. ATTACHMENTS: Early Voting Agreement REQUESTED COUNCIL ACTION: Authorize the Administrator to execute the Early Voting Agreement with Stearns County for the 2020 Elections. Agreement between Stearns County and The City of St. Joseph for Providing Early Voting to the Residents of Stearns County This Agreement for election administration services is entered into this _____ day of _______________, 2019 (the “Effective Date”), by and between the City of St. Joseph (the “City”) and the County of Stearns (the “County”), 705 Courthouse Square, St. Cloud, Minnesota 56303, collectively referred to as the Parties. 1. Purpose. The purpose of this Agreement is to establish the obligations of the Parties with respect to the administration of early voting services for any statewide election in 2020 including the Presidential Primary, August Primary, and the November General Election. 2. Term. Notwithstanding the date of the signatures of the parties to this Agreement, the term of this Agreement shall commence on the Effective Date and, unless earlier terminated pursuant to this Agreement, shall terminate on the date that all obligations have been fulfilled. 3. Duties of the County. Except as provided in this agreement, the County will provide the services, equipment and supplies needed to perform all early election related duties as required by MN and Federal election law. These duties will include but are not limited to: A. Coordinate equipment and procedure training information for all head and other election judges for each polling location; B. Operate, test, demonstrate, and provide technical support for the DS200 and all other electronic voting systems; C. Provide election forms, supplies and other related materials needed for early voting; 4. Duties of the City. The City shall be responsible for the following early voting election administration activities: A. Provide a polling place and adequate staffing for Early Voting beginning the Tuesday prior to all statewide elections; B. Provide Early Voting for every statewide election during the period of this agreement; C. Keep the polling place open during all regular business hours for the week prior to the election and from 10 am to 3 pm on the Saturday before the election; D. The polling place may remain closed on the Sunday before the election; E. Designate principal contacts for election coordination; F. Administer coordination of election judges and other staff needed for Early Voting and related tasks; G. Conduct preliminary test and public accuracy tests of voting systems for the DS200; H. Compile and report election results and election statistics to the County; I. Be responsible for damage or theft to any poll pad, voting system or ballot box; 5. Shared Responsibilities of the Parties. The County and the City will share responsibilities for delivery and collection of election materials, ballots, voting stations and electronic voting systems. 6. Election Equipment. 1 A. Use of Election Equipment. The City must utilize the voting machines and other equipment (the “Election Equipment”) provided by the County for Early Voting. The City shall be responsible for transporting the Election Equipment from and returning the Election Equipment to the County. The Election Equipment shall be returned in good working order and in substantially the same condition it was received. 7. Costs. A. Election Costs and Payments. The County shall pay the City Seven Hundred Twenty Seven Dollars and Fifty Cents ($727.50) per statewide election for Early Voting services in 2020. This amount includes the cost of providing one temporary election worker for six days before the election, including Saturday. It also includes the cost of conducting a public accuracy test for the DS200 and Automark systems used in Early Voting. The County shall pay the City for all election services provided at the end of 2020. 8. Authorized Representatives. The following are the parties’ Authorized Representative for purposes of administration of this Agreement: Stearns County Randy R Schreifels Auditor/Treasurer 705 Courthouse Square St. Cloud, MN 56303 City of St. Joseph Kris Ambuehl City Administrator 75 Callaway St E St. Joseph, MN 56374 A party may change its Authorized Representative during the term of this Agreement by giving written notice to the Other Party. 9. Assignment. The Parties shall not assign, transfer or delegate any rights or obligations under this Agreement whether directly or indirectly by any means without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 10. Governing Law. This Agreement shall be interpreted and constructed according to the laws of the State of Minnesota. For the purpose of resolving conflicts related to or arising out of this Agreement, the Parties expressly agree that venue shall be exclusively in the State of Minnesota, County of Stearns. 11. Liability. Each Party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. Any and all claims that arise or may arise against the City, its agents, servants, or employees while engaged in the performance of this Agreement and/or the use of the Election Equipment, shall in no way be the obligation of the County. The City shall indemnify, hold harmless, and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including attorney’s fees, which the County, its officers or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or failure to act by the City, its agents, servants or employees in connection with this Agreement and/or the City’s use of the Election 2 Equipment. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which a party may be entitled to under Minnesota Statutes Chapter 466, or any other applicable laws governing the Parties’ liability. 12. Insurance. Each party shall maintain liability insurance in an amount equal or greater to the maximum liability applicable to municipalities set forth in Minnesota Statutes Chapter 466, as amended. This requirement may be met through membership in a self-insurance pool. 13. Notices. Any notice to be given under this Agreement will be sufficient if in writing and personally delivered or sent to the Party’s Authorized Representative by certified or registered mail. 14. Miscellaneous. A. Neither Party will be liable for any delays or failure in performance due to circumstances beyond its control. B. The failure of a Party to give notice of default or to enforce or insist upon compliance with any of the terms or conditions of this Agreement or the granting of any extension of time for performance shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement shall remain at all times in full force and effect until modified by the Parties in writing. C. This Agreement sets forth the entire understanding of the Parties. D. Each party warrants and represents that it is duly authorized to execute this Agreement. E. The Parties specifically recognize that this Agreement is entered into solely for the benefit of the Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers intending to be bound thereby. COUNTY OF STEARNS By: _____________________________ By: __________ ________ Randy R. Schreifels City Administrator Auditor-Treasurer Date:__________________________________ Date: ________________________________ 3