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HomeMy WebLinkAboutC97-246 Eagle Valley Library DistrictCoordinated Election C1W 24 6 02 Intergovernmental Agreement This Agreement is made and entered into this 51 day of d4a1997, by and between Eagle County and Eagle Valley Library District (hereinafter referred to as "Political Subdivision"), concerning the administration and the conduct of the November 4, 1997 Coordinated Mail Ballot Election. In consideration of the benefits and promises contained herein, and subject to the terms and conditions as are hereinafter set forth, the parties agree as follows: Coordinated and Designated Election Officials The County Clerk and Political Subdivision agree to the scheduling of a November 4, 1997 Coordinated Mail Ballot Election, involving more than one political subdivision with overlapping boundaries. The County Clerk shall be the coordinated Election Official for the election pursuant to 1-7-116 and Designated Election Official pursuant to 1-7.5-103(1), provided that this agreement sets forth the responsibilities of the County Clerk and the Political Subdivision in the conduct and finance of the election. This election shall be held under the provisions of Title I of the Colorado Revised Statutes. Jurisdictional Limitation This agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. t Costs The County Clerk shall keep an accounting of all costs chargeable to the Political Subdivision (for costs incurred by the County and not billed directly to the Political Subdivision by an outside vendor)'and shall submit to the Political Subdivision, a statement of charges following the date of the Election. Costs shall include but are not limited to: election judges and other associated personnel, ballots and related election forms, printing, election supplies, legal notices paid for by the County, postage, rental charges, software updates, and related computer hardware. The County Clerk shall charge each Political Subdivision taking part in the Coordinated Election on a prorated basis based on the number of eligible voters within each Political Subdivision and the number of ballot issues and/or items to be included on the ballot for each Political Subdivision. In the event that additional costs are incurred due to extraordinarily lengthy verbiage, the Political Subdivision promulgating such costs will be charged accordingly. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement. Type of Election r ` This election is being conducted in accordance with 1-7.5-102 otherwise referred to as the "Mail Ballot Election Act". Appointment of Election Judges All Election Judges shall be appointed and trained by the County Clerk. Should the County Clerk experience a shortage of election judges, the Political Subdivision shall provide a list of suggested election judges to the County Clerk. Call and Notice Any legal notice which is required to be given to the electorate of the district according to statute governing that election, other than the notice of election required at least ten days prior to the election according to 1-5-205, shall be the responsibility of the Political Subdivision. Petitions: Preparation and Verification The petition process for the Political Subdivision shall be entirely the responsibility of the Political Subdivision, and shall be done in compliance with applicable Colorado statues, ordinances or charter provisions. This process includes, but is not limited to, approving the candidate or initiative petitions to be circulated within the Political Subdivision, receiving the petitions, and verifying the signatures on the petitions. Ballot Certification In accordance with Colorado law, the ballot contents must be certified to the County Clerk by the Political Subdivision, in its exact and final form, no later than 4:30 p.m. on September 9, 1997. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order. For candidates, specify titles of offices, the order of the names to appear for each office and the order of offices. For issues, specify the ballot title, and the order of the issues. Wording shall be in upper and lower case except as is dictated by law (e.g., TABOR Amendment). The Political Subdivision has responsibility to proofread and approve the layout and text of the sample/absentee/official ballots before the County Clerk will authorize printing of the ballots. From the time of receipt of the ballot proof, the Political Subdivision has 24 hours to proofread, correct if necessary, sign and return the proof to the County Clerk and its failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. Election Preparation The County Clerk reserves the right to request general assistance from the Political Subdivision staff for election preparation. Property Owner Lists ` The Political Subdivision shall acquire the property ownership list referred to in 1.5.304 CRS from the Assessor. The cost of the list is provided by statue and shall be paid directly to the Assessor by the Political Subdivision. The Political Subdivision's staff shall be solely responsible for any work required on the Assessor's list and may contact the County Clerk if access to voter registration records is required. Not later than October 3, the Political Subdivision will submit to the County Clerk a complete set of mailing labels to those property owners within their boundaries who met the requirements to receive a ballot. The Clerk shall mail the appropriate ballot to those for whom a label is received. Amendment 1 Notice - TABOR Each Political Subdivision shall determine the order of the ballot issues for their Political Subdivision in accordance with the requirements of Article X, Section 20 of the Colorado Constitution. Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be summarized as required by Article X, Section 20 of the Colorado Constitution and transmit the summaries and any other required material to the Coordinated Election Official no later than 42 days before the Election, (4:30 p.m., September 23, 1997)in final written form and on computer disk conforming with the specifications set forth on Appendix A hereto. (Appendix A further specifies all format requirements. Disks not meeting these requirements will be subject to additional fees and may be rejected by the County Clerk in the event they can not be reformatted). The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3)(b) in the most cost effective manner feasible. The County Clerk shall charge each Political Subdivision for costs relating to the Amendment 1 Notice on a prorated basis based on the number of ballot issues and/or items to be included in said notice for each Political Subdivision. In the event that additional costs are incurred due to extraordinarily lengthy verbiage, the Political Subdivision promulgating such costs will be charged accordingly. Testing and Tabulation Processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. An unofficial abstract of votes will be provided to the Political Subdivision upon completion of the counting of all ballots. Canvass of Votes The canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such canvass will be completed no later than seven days after the Election and official results of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. Indemnification The Political Subdivision agrees to indemnify, defend and hold harmless the County, its officers and employees, from any and all losses, costs, demands or actions, arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. Cancellation In the event the Election is canceled by the Political Subdivision after the signing of this Agreement and on or before the day of the Election, the Political Subdivision shall be responsible for all expenses incurred on behalf of the Political Subdivision to the date that notice was received by the County Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. In witness whereof, th Part effe ive the FtA--day of Designated Election Official for Eagle Valley Library District ohnnette Phillips, airman agle Board of County Commissioners Les hereto executed this Ag 19 97". e co Kevin B. ` ° 0 Box 2100 Eagle, CO 81 31 - 328-7050 L14 A - n Attest - Sara Fisher County Clerk & Recorder reement to be