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HomeMy WebLinkAboutC22-134 IGA_Mountain RecreationINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND MOUNTAIN RECREATION METROPOLITAN DISTRICT REGARDING USE OF THE MAIL BALLOT DROP BOX FOR MUNICIPAL ELECTION ONMAY 3, 2022 THIS AGREEMENT, made and entered into this 29th day of March , 2022, 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 DESIGNATED ELECTION OFFICIAL FOR THE MOUNTAIN RECREATION METROPOLITAN DISTRICT, of the State of Colorado, whose address is 52 Lundgren Boulevard, Gypsum, Colorado (hereinafter referred to as the "Mountain Recreation DEO") (together referred to as the "Parties"). 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 (the "Gypsum Drop Box"); the Edwards Field House, located at 450 Miller Ranch Road, Edwards, Colorado ("the Edwards Drop Box"):and the Main Eagle County Building located at 500 Broadway, Eagle, Colorado (the "County Drop Box") to better serve its citizens; and WHEREAS, the Parties have discussed the Mountain Recreation Metropolitan District utilizing the drop boxes to better serve its citizens for elections conducted by Mountain Recreation Metropolitan District; and WHEREAS, the Parties desire to enter into an Intergovernmental Agreement setting forth compatible terms and conditions for use of the mail ballot drop boxes located outside the three aforementioned locations; 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 Parties hereto agree as follows: 1. Use of Mail Ballot Drop _Box. The Mountain Recreation DEO is authorized to utilize the Gypsum Drop Box, the Edwards Drop Box, and the County Drop Box in accordance with the terms of this Agreement. Use shall be granted for the period between when ballots are mailed on April 11, 2022 through Election Day on May 3, 2022 ("Mountain Recreation Term of Use"). During the Mountain Recreation Term of Use, the Gypsum Drop Box and Edwards Drop Box will be used for the Mountain Recreation Metropolitan District election only, which shall be Page 1 1 reflected by signage required under Section 3 of this Agreement. The Mountain Recreation DEO acknowledges that some voters may nonetheless mistakenly drop ballots for other special district elections, and agrees to coordinate with any such special district election official for the timely transfer any such ballots. The County Drop Box will continue to be utilized for the payment of property taxes during the Mountain Recreation Term of Use. The County Clerk will manage the transfer of any other -district ballots to the appropriate election official. 2. Possession of Mail Drop Box Keys. A. Keys to the Edwards Drop Box and the Gypsum Drop Box (the "Keys") shall be transferred from the custody of the County Clerk to the custody of the Mountain Recreation DEO at a time reasonably and mutually agreed upon by the Parties. The Mountain Recreation DEO shall keep the Keys in a secure location at all times during the Mountain Recreation Term of Use. B. The Keys shall be returned immediately to the County Clerk at the conclusion of the Mountain Recreation Term of Use, in no case later than May 6, 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 Mountain Recreation DEO. The County Clerk will determine which replacement method is needed. D. The Mountain Recreation DEO shall be the only individual authorized to possess the Keys at any time during the Mountain Recreation Term of Use, through the date of return to the County Clerk. The Mountain Recreation DEO 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 Parties recognize the need for the Mountain Recreation DEO to clearly label and identify the mail ballot drop boxes as eligible locations for the Town of Mountain Recreation voters to return their ballots for the special district election. Proper signage is the responsibility of the Mountain Recreation DEO. A. All signage placed on the Edwards Drop Box and the Gypsum Drop Box by the Mountain Recreation DEO shall sufficiently cover all Eagle County names and logos. The County Drop Box will continue to be utilized by Eagle County, so the Eagle County name and logo must not be completely covered. Page 12 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 Mountain Recreation DEO at the end of the Mountain Recreation Term of Use. 4. Video Surveillance. The County Clerk hosts the video surveillance and software for the County Clerk's use of the mail ballot drop boxes. The Parties expressly acknowledge and agree that the Mountain Recreation DEO has indicated that such video surveillance need not be activated for the special district election. Should statute or any applicable rule or regulation dictate that the Mountain Recreation DEO needs to monitor video surveillance for use of a mail ballot drop box during the conduct of its election, the Mountain Recreation DEO shall coordinate with the County Clerk to activate the video surveillance and software, record, and retain all relevant video surveillance, with the Mountain Recreation DEO reimbursing the County Clerk for any associated costs and expenses. 5. Damaee to Property. The Mountain Recreation DEO shall be responsible for repair.`replacemcnt of property damage to the mail ballot drop boxes should damage occur during the Mountain Recreation Term of Use. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. CLERK AND RECORDER OF THE COUNTY OF EAGLE By: 41eeand' Recorder, Eagle County DEO FOR THE MOUNTAIN RECREATION METROPOLITAN DISTRICT By: � td,� �L 7 Name: Cheri Curtis DEO, Mountain Recreation Page 13