Title
A Resolution Approving an Intergovernmental Service Agreement for the Use of County Voting Machines and the Service of the County Voting Machine Custodian and Employees for Municipal Elections
Body
WHEREAS, as authorized by Code of Alabama 1975, SEction 11-102-1, any county or incorporated municipality of the State of Alabama may enter into a written contract with any one or more counties or incorporated municipalities for the joint exercise of any power or service that state or local law authorizes each of the contracting entities to exercise individually, and
WHEREAS, pursuant to Code of Alabama 1975, Section 11-102-3, no contract entered into shall take effect until the contract has been approved by the governing body of each of the contracting municipalities or counties. Approval by a county governing body shall be by adoption of a resolution, and approval by a municipal governing body shall be by adoption of an ordinance of general and permanent operation, and
WHEREAS, the municipalities of Baldwin County, Alabama, from time to time have requested assistance in their administration of the electoral franchise benefiting the public by providing the municipalities with the use, at no cost, of County-owned voting machines during municipal elections, and
WHEREAS, the State of Alabama Ethics Commission, Advisory Opinion No. 2018-03 issued on June 6, 2018, states that counties and municipalities may enter into contracts through which the municipality reimburses the county for the use of the County's election equipment and county employees who possess the requisite skill and knowledge to operate the equipment; but municipalities may not directly engage the county employee to do so under these facts without putting the employee in the position of violating Code of Alabama 1975, Section 36-25-S (a) and (c), and
WHEREAS, to cooperate in the administration of the electoral franchise benefiting the public, the City of Foley, Alabama wishes to enter into an Intergovernmental Service Agreement with Baldwin County, Alabama, to allow the use of the County-owned voting machines, at no cost, for municipal elections with the understanding that the City shall be responsible for all costs associated with the provision of services of the County Voting Machine Custodian and any and all other election related costs and to provide for the reimbursement of County for the costs associated with the services which may be provided by the County Voting Machine Custodian, a County employee, or any other County employee in connection with the transportation, installation, service, maintenance, testing and use of County voting machines during municipal elections, and
WHEREAS, in order for the County to provide the services set forth above, the Baldwin County Commission requires that the County and the municipalities in Baldwin County, Alabama, enter into an Intergovernmental Service Agreement for the aforementioned purposes.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1: Approves the terms of the Intergovernmental Services Agreement attached hereto to be entered into between the City of Foley, Alabama and the Baldwin County Commission regarding the use, transportation, installation, maintenance and testing of County-owned voting machines and the use of services of County employees, including the County Voting Machine Custodian and his or her designee(s).
SECTION 2: This Resolution shall become effective immediately upon its adoption as required by law.