HomeMy WebLinkAbout971712.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT STATE -COUNTY
PUBLICATION OF BALLOT INFORMATION AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Joint State -County Publication of Ballot Information between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Clerk and Recorder, Elections Department, and the Colorado General Assembly
Legislative Council, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for Joint State -County
Publication of Ballot Information between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Clerk and Recorder, Elections Department, and the Colorado General Assembly Legislative
Council be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of August, A.D., 1997.
APP
Deputy Clerk to he Board
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AS TO FSRM:
A orne
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, CCyORADO
Baxter, Chair
ohstance L. Harbert, Pro-Tem
EXCUSED
Dale K. Hall
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Kirkmeyer
Barbara
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CR0014
DEPARTMENT OR AGENCY NUMBER
MCA
CONTRACT ROUTING NUMBER
01001
INTERGOVERNMENTAL AGREEMENT FOR JOINT
STATE -COUNTY PUBLICATION OF BALLOT INFORMATION
THIS INTERGOVERNMENTAL AGREEMENT, is made this 31st day of July, 1997, by
and between the Legislative Council of the Colorado General Assembly, acting by and through the
chairman and vice-chairman thereof, hereinafter referred to as "the Legislative Council", and the
undersigned County governments, hereinafter referred to as "the County" or "Contractor". As used
in this agreement, "the County" includes the city and county of Denver.
WITNESSETH
WHEREAS, pursuant to section 29-1-203, C.R.S., as amended, the Legislative Council and
the County may cooperate or contract with each other to provide any function or service lawfully
authorized to each; and
WHEREAS, pursuant to section 1 (7.5) of article V of the Colorado Constitution and section
1-40-124.5, C.R.S., the director of research of the Legislative Council is required to prepare and
publish for distribution, to every residence of active registered voters in the state, a ballot information
booket which shall include the text and title of each measure to be voted on by the voters of the entire
state and a fair and impartial analysis of each measure, with a summary and arguments for and against
each measure and other information that will assist in understanding the purpose and effect of any
such measure; and
WHEREAS, section 20 (3)(b) of article X of the Colorado Constitution and section 1-7-906,
C.R.S., require the County to produce a mailed ballot issue notice that will be submitted to the electors
of the County; and
WHEREAS, section 20 (3)(b) of article X of the Colorado Constitution provides that districts
may coordinate the ballot issue notice mailing with the Legislative Council's distribution of the ballot
information booklet required by section 1 (7.5) of article V of the Colorado Constitution in order to
save mailing costs; and
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WHEREAS, the 1997 election ballot contains measures to be voted on by the voters of the
entire state and by the voters of the County that necessitates the publication of ballot information
booklets and ballot issue notices; and
WHEREAS, mailing costs can be saved by combining the Legislative Council's ballot
information booklet and the County's ballot issue notice in a single mailing of a joint publication with
the division of responsibilities to be as contained in this intergovernmental agreement (hereinafter "the
joint state -county publication").
NOW, THEREFORE, IT IS AGREED by the Legislative Council and the County as follows:
1. Authority exists in the law and funds have been budgeted, appropriated, and otherwise
made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 11F, Appropriation Code 003, Contract Encumbrance
Number PO MCA 98000000002.
2. The Legislative Council shall perform the following tasks and activities:
a. Furnish to the County on diskette and in hard copy the text for the state's part of the
joint state -county publication, including the cover and the inside cover letter in a type-
face and format similar to the type -face and format used by the County in such
publication, not later than September 10, 1997, unless this date is changed by mutual
agreement of the Legislative Council and the County. For any county that must meet
requirements of the federal Voting Rights Act, the Legislative Council will provide
the state portion in English and Spanish. The Legislative Council is responsible for
the contents of the state portion of the information booklet furnished under this
subparagraph a.
b. Reimburse the County in an amount equal to fifty percent (50%) of the County's actual
costs under section 3 c of this intergovernmental agreement attributable to the joint
state -county publication as shown in an itemized statement provided by the County to
the Legislative Council. Such costs shall be reimbursed within a reasonable time after
receipt of such statements. Total reimbursements to all Counties under this agreement
shall not exceed $400,000.
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c. Utilize the funds contained in the ballot information publication and distribution
revolving fund created pursuant to section 1-40-124.5 (3), C.R.S., for paying the costs
of distributing the ballot information booklet, including the Legislative Council's
portion of the cost of the joint state -county publication described in section 2 b of this
intergovernmental agreement.
The County shall perform the following tasks and activities:
a. Determine the "least cost" method for mailing the joint state -county publication.
Print, assemble, prepare for mailing, and deliver for mailing to the United States Postal
Service (hereinafter "Postal Service") sufficient copies of the joint state -county
publication to be mailed to each of the active registered voter households in the
County.
c. Enter into contracts for all aspects of printing, preparation for mailing, including
delivery to the Postal Service, with responsible contractors who can successfully
complete the project within the time requirements. Postage expenses for the joint
state -county publication shall use the lowest cost bulk rate available through the Postal
Service. The Legislative Council acknowledges that the County may have entered into
such contracts prior to the execution of this intergovernmental agreement. The
provisions of section 7 (h) of this intergovernmental agreement shall not apply to
contracts under this section 3 c.
d. Provide an outside cover for the joint state -county publication with a 15% Cyan tint
background color, commonly referred to as "blue wash" in color.
e. Keep a careful and accurate accounting of expenditures incurred under section 3 c of
this intergovernmental agreement and provide an itemized statement of such costs to
the Legislative Council.
f Prior to submission of the joint state -county publication to the printers, the county
shall provide a proof thereof to the Legislative Council, and the Legislative Council
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shall proofread the state portion and advise the County in writing of any changes or
corrections within the time required by the County.
4. The Legislative Council and the County agree that in this agreement duplicated
authorized signatures constitute original signatures for purposes of binding the parties
to the terms hereof.
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
5. This Intergovernmental Agreement shall not be deemed valid until it shall have been
approved by the Controller of the State of Colorado or such assistant as he may
designate. This provision is applicable to any Agreement involving the payment of
money by the State.
FUND AVAILABILITY
Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
DISCRIMINATION AND AFFIRMATIVE ACTION
The Contractor agrees to comply with the letter and spirit of the Colorado
Antidiscrimination Act of 1957, as amended, and other applicable laws respecting
discrimination and unfair employment practices (section 24-34-402, Colorado Revised
Statutes, et seq.), and as required by Executive Order, Equal Opportunity and
Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions
shall be contained in all state contracts or subcontracts.
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During the performance of this Agreement, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, marital status, religion,
ancestry, mental or physical handicap, or age. The Contractor will take affirmative
action to insure that applicants are employed, and that employees are treated during
employment, without regard to the above mentioned characteristics. Such action shall
include, but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, or recruitment advertisings; lay-offs or terminations, rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this non-discrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex,
marital status, religion, ancestry, mental or physical handicap, or age.
(c)
The Contractor will send to each labor union or representative of workers with which
the Contractor has a collective bargaining agreement or other Agreement or
understanding, notice to be provided by the contracting officer, advising the labor
union or workers' representative of the Contractors commitment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the
rules, regulations, and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by
Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by
the rules, regulations, and Orders of the Governor, or pursuant thereto, and will permit
access to the Contractor's books, records, and accounts by the contracting agency and
the office of the Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
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(e) A labor organization will not exclude any individual otherwise qualified from full
membership rights in such labor organization, or to expel any such individual from
membership in such labor organization or discriminate against any of its members in
the full enjoyment of work opportunity, because of race, creed, color, sex, national
origin, or ancestry.
(0 A labor organization, or the employees or members thereof will not aid, abet, incite,
compel, or coerce the doing of any act defined in this Agreement to be discriminatory
or obstruct or prevent any person from complying with the provisions of this
Agreement or any order issued thereunder; or attempt, either directly or indirectly, to
commit any act defined in this Agreement to be discriminatory.
(g)
In the event of the Contractor's noncompliance with the non-discrimination clauses of
the Agreement or with any of such rules, regulations, or orders, this Agreement may
be canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further state contracts in accordance with procedures,
authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975 and the rules, regulations, or orders promulgated in accordance therewith, and
such other sanctions as may be imposed and remedies as may be invoked as provided
in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or
by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h) The Contractor will include subparagraphs (a) through (h) of this paragraph in every
sub -contract and sub -contractor purchase order unless exempted by rules, regulations,
or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, so that such provisions will be binding upon each sub-
contractor or vendor. The Contractor will take such action with respect to any sub-
contracting or purchase order as the contracting agency may direct, as a means of
enforcing such provisions, including sanctions for noncompliance; provided, however,
that in the event the Contractor becomes involved in, or is threatened with, litigation
with the sub -contractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the State of Colorado to enter into such litigation
to protect the interest of the State of Colorado.
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GENERAL
The laws of the State of Colorado and rules and regulations issued pursuant thereto
shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision of this Agreement, whether or not incorporated herein by reference,
which provides for arbitration by any extra -judicial body or person or which is
otherwise in conflict with said laws, rules, and regulations shall be considered null and
void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other provision in whole or in part shall be valid or
enforceable or available in any action at law, whether by way of complaint, defense,
or otherwise. Any provision rendered null and void by the operation of this provision
will not invalidate the remainder of this Agreement to the extent that the Agreement
is capable of execution.
At all times during the performance of this Agreement, the Contractor shall strictly
adhere to all applicable federal and state laws, rules, and regulations that have been
or may hereafter be established.
10. The signatories aver that they are familiar with section 18-8-301, Colorado Revised
Statutes, et seq., (Bribery and Corrupt Influences) and section 18-8-401, Colorado
Revised Statutes, et seq., (Abuse of Public Office), and that no violation of such
provisions is present.
11. Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts
owed to State agencies under the vendor offset intercept system for: (a) unpaid child
support debt or child support arrearages; (b) unpaid balance of tax, accrued interest,
or other charges specified in Article 22, Title 29, CRS; (c) unpaid loans due to the
Student Loan Division of the Department of Higher Education; (d) owed amounts
required to be paid to the Unemployment Compensation Fund; and (e) other unpaid
debts owing to the State or any agency thereof, the amount of which is found to be
owing as a result of final agency determination or reduced to judgement as certified
by the controller.
12. The signatories aver that to their knowledge, no state employee has any personal or
beneficial interest in the service or property described herein:
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LEGISLATIVE COUNCIL
COLORADO GENE' • _ SSEMBLY
By
epresentative ' uc B
Chairman
Colorado Legislative Council
By <7
Senator Tom Norton
Vice -Chairman
Colorado Legislative Council
APPROVALS
ATTORNEY GENERA, V7 CONTROLLER
BY: / AtbDmeper/ BY:
C. FtichpiaPennington
Assistan torney General
State Services Section
APPROVALS:
STA I L UUNI OLLER
NIllt w. L
BY:
li
CLIFFIi/(�L Brio
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97171.2
ATT
B
el
Deputy
e Board
COUNTY OF WELD
STATE OF COLORADO
Ge ge E. Baxter, Chair (08/11/97)
Weld County Board of Commissioners
84-6000813
Federal Identification Number
Page 9 of 9
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Colorado
Legislative
Council
Staff
Room 029 State Capitol, Denver, CO 80203-1784
(303) 866-3521 FAX: 866-3855 TDD: 866-3472
MEMORANDUM
July 31, 1997
TO: County Clerks and Recorders and Denver Election Commission
FROM: Stan Elofson, Assistant Director, 866-3521
SUBJECT: Intergovernmental Agreement (IGA) for Counties Participating in Joint
State -County Ballot Booklet
Thank you for your continued interest in coordinating publication of joint
state -county ballot booklets for the November 1997 Elections.
We received comments from a number of you regarding the draft IGA dated
July 10, 1997. Enclosed is a final IGA incorporating as many suggested changes as
possible. Many of the changes you requested were to portions of the Special Provisions
(sections 5 through 12). These provisions are required for all state contracts under the
state fiscal rules; however, based on your comments and the unique nature of producing
ballot information, we requested a waiver from the State Controller for several of these
provisions. Attached to the enclosed IGA is a memorandum from the State Controller
granting our request to omit from the IGA Special Provisions dealing with bond
requirements, indemnification, and the Colorado labor preference. In addition, the
Controller allowed us to limit the discrimination and affirmative action provisions
(section 7) so that they do not need to be contained in any contracts you enter into with
printers or others under section 3 c of the IGA. At this point, we will not be making
further changes to the enclosed IGA.
The State Controller is also allowing us to streamline the signature process for
this IGA. Section 4 of the IGA spet.ifies that duplicated authorized signatures constitute
original signatures. If your county still desires to participate in the joint state -county
ballot information booklet, please FAX a signed copy of page 9 of the IGA (the county
signature page) to us by Wednesday, August 6, 1997. Then please mail us the signed
original signature page as well. Please retain the copy of the IGA for your records.
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We are in the process of obtaining final approval from the Speaker of the House
of Representatives and the President of the Senate, in their capacities as Chairman and
Vice Chairman of the Legislative Council, and the State Controller and the Attorney
General. We will send you a final copy of page 8 that contains the appropriate state
signatures as soon possible.
Again, thank you for your participation in this project. If you have any
questions please do not hesitate to contact me, Susan Liddle, or Cathy Eslinger at (303)
866-3521.
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JUL 29 '97 06:00AM DIV ACCOUNTS&CONTROL
P.2/2
GENERAL SUPPORT SERVICES
OFFICE OF THE STATE CONTROLLER
1525 Sherman Street, Suite 250
Denver, Colorado 80703
Phone: (3031866-3291
Fax: (303) 866-4233
STATE OF COLORADO
TO: Bart W. Miller, Senior Attorney
Office of Legislative Legal Services
FROM: Clifford W. Hall000402--I
State Controller
Roy Romer
Governor
oeoar(ment of Personnel
Andre N. Pettigrew
Executive Director
Clifford W. Nall
Slate Controller
DATE: July 28, 1997
SUBJECT: Waiver of Certain Special Provisions for Intergovernmental Agreements (IGA)
Thank you for your letter of July 25, 1997.
I agree with you that the IGA is a unique activity and your request is justified. Therefore, I
approve a waiver of State Fiscal Rules as you have requested for the following Special
Provisions: Bond Requirement; Indemnification; and Colorado Labor Preference. Further, I
approve the limitation on the Special Provision related to Discrimination and Affirmative
Action using the language in Section 3c on page 3 of the draft IGA.
I also agree with your recommendation to streamline the signature process. I request that a
copy of the executed signature page for each county be forwarded to our office for filing with
our office's copy of the executed IGA.
If you have questions please contact me. Thank you.
cc: Richard Pennington, AGO
Phil Holtrnann, SCO
Supporting The Business o
Colorado State Government
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