HomeMy WebLinkAboutC22-090 Town of Gypsum IGAPage | 1     INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND THE TOWN OF GYPSUM REGARDING USE OF THE MAIL BALLOT DROP BOX FOR MUNICIPAL ELECTION ON APRIL 5, 2022 THIS AGREEMENT, made and entered on _____________________, by and between the CLERK AND RECORDER FOR EAGLE COUNTY, of the State of Colorado, whose address is 500 Broadway, Eagle, Colorado (hereinafter referred to as the “County Clerk”), and the CLERK FOR THE TOWN OF GYPSUM, of the State of Colorado, whose address is 50 Lundgren Boulevard, Gypsum, Colorado (hereinafter referred to as the “Gypsum Clerk”) (together referred to as the “Clerks”). WHEREAS, the County Clerk has installed a mail ballot drop box outside of the offices of the Town of Gypsum, located at 50 Lundgren Boulevard, Gypsum, Colorado, to better serve its citizens; and WHEREAS, the Clerks have discussed the Gypsum Clerk utilizing the drop box to better serve its citizens for elections conducted by the Town of Gypsum; and WHEREAS, the Clerks desire to enter into an Intergovernmental Agreement setting forth compatible terms and conditions for use of the mail ballot drop box located outside the Town of Basalt office; and WHEREAS, Intergovernmental Agreements are authorized and encouraged by Article XIV, Section 18 of the Colorado Constitution and COLO. REV. STAT. § 29-1-203. AGREEMENT: NOW THEREFORE, in consideration of the conditions contained herein, the Clerks hereto agree as follows: 1. Use of Mail Ballot Drop Box. The Gypsum Clerk is authorized to utilize the mail ballot drop box located at 50 Lundgren Boulevard, Gypsum, Colorado after the execution of this Agreement. Use shall be granted for the period between when ballots are mailed on March 11, 2022 through Election Day on April 5, 2022 (“Gypsum Term of Use”). 2. Possession of Mail Drop Box Keys. A. Keys to the mail ballot drop box (the “Keys”) shall be transferred from the custody of the County Clerk to the custody of the Gypsum Clerk at a time reasonably and mutually agreed upon by the Clerks. The Gypsum Clerk shall keep the Keys in a secure location at all times during the Gypsum Term of Use. DocuSign Envelope ID: 89CF2B9C-970F-474D-AF48-BA3E943ADFE5 2/25/2022 Page | 2     B. The Keys shall be returned immediately to the County Clerk at the conclusion of the Gypsum Term of Use, in no case later than April 7, 2022. C. If the Keys are ever stolen or lost, the cost of a replacement lock, keys, or box shall be the responsibility of the Gypsum Clerk. The County Clerk will determine which replacement method is needed. D. The Gypsum Clerk shall be the only individual authorized to possess the Keys at any time during the Gypsum Term of Use, through the date of return to the County Clerk. The Gypsum Clerk shall not produce or attempt to produce duplicate copies of the Keys or alter the mail ballot drop box in any way that would reduce the security of the mail ballot box for future elections. 3. Signage. The Clerks recognize the need for the Gypsum Clerk to clearly label and identify the mail ballot drop box as an eligible location for the Town of Gypsum voters to return their ballots for the municipal election. Proper signage is the responsibility of the Gypsum Clerk. A. All signage placed on the mail ballot drop box by the Gypsum Clerk shall sufficiently cover all Eagle County names and logos. B. All signs placed on the mail ballot drop box shall be easily removable so as not to damage the current logos and information and all signs shall be removed by the Gypsum Clerk at the end of the Gypsum Term of Use. 4. Video Surveillance. The County Clerk hosts the video surveillance and software for the County Clerk’s use of this mail ballot drop box. The Clerks expressly acknowledge and agree that the Gypsum Clerk has indicated that such video surveillance need not be activated for the Gypsum municipal election. Should statute or any applicable rule or regulation dictate that municipalities need to monitor video surveillance for use of a mail ballot drop box during the conduct of a municipal election, the Gypsum Clerk shall coordinate with the County Clerk to activate the video surveillance and software, record, and retain all relevant video surveillance, with the Gypsum Clerk reimbursing the County Clerk for any associated costs and expenses. 5. Damage to Property. The Gypsum Clerk shall be responsible for repair/replacement of property damage to the mail ballot drop box should damage occur during the Gypsum Term of Use. IN WITNESS WHEREOF, the Clerks hereto have executed this Agreement the day and year first above written. DocuSign Envelope ID: 89CF2B9C-970F-474D-AF48-BA3E943ADFE5 Page | 3     CLERK AND RECORDER OF THE COUNTY OF EAGLE By: _________________________________________ Clerk and Recorder, Eagle County CLERK OF THE TOWN OF GYPSUM By: _________________________________________ Clerk, Town of Gypsum DocuSign Envelope ID: 89CF2B9C-970F-474D-AF48-BA3E943ADFE5