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HomeMy WebLinkAboutC24-206 IGA Town of BasaltPage | 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, THE COUNTY OF PITKIN AND THE TOWN OF BASALT REGARDING USE OF THE MAIL BALLOT DROP BOX FOR MUNICIPAL ELECTION ON MAY 21, 2024 THIS AGREEMENT, made and entered into 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 “Eagle Clerk”), the CLERK AND RECORDER FOR PITKIN COUNTY, of the State of Colorado, whose address is 530 East Main Street, Suite 104, Aspen, Colorado (hereinafter referred to as the “Pitkin Clerk”) and the CLERK FOR THE TOWN OF BASALT, of the State of Colorado, whose address is 101 Midland Avenue, Basalt, Colorado (hereinafter referred to as the “Basalt Clerk”) (together referred to as the “Clerks”). WHEREAS, the Eagle Clerk and Pitkin Clerk have installed a mutually shared mail ballot drop box outside of the offices of the Town of Basalt, located at 101 Midland Avenue, Basalt, Colorado (“drop box”) to better serve its citizens; and WHEREAS, the Clerks have discussed the Basalt Clerk utilizing the drop box to better serve its citizens for elections conducted by the Town of Basalt; and WHEREAS, pursuant to 8 Code of Colorado Regulations Sec. 1505-20.4.2, all mail ballot drop- off locations must be monitored by an election official or video security surveillance recording system; and WHEREAS, the Pitkin Clerk maintains surveillance of the drop box video security surveillance recording system; 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: DocuSign Envelope ID: EC919B08-E593-4170-BEAB-E40D668A4148 4/29/2024 Page | 2 1. Use of Mail Ballot Drop Box. The Basalt Clerk is authorized to utilize the mail ballot drop box located at 101 Midland Avenue, Basalt, Colorado after the execution of this Agreement. Use shall be granted for the period between when ballots are mailed on April 29 through Election Day on May 21, 2024 (“Basalt Term of Use”). A. The Basalt Clerk will check the drop box daily during the period of use. Any Pitkin County, Eagle County or any other Colorado County ballots deposited in the Drop Box during the term of this agreement will be date stamped by the Basalt Clerk and the respective county Clerk will be notified via email, within one business day, and the ballot must be placed in the U.S. mail within one business day of receipt for delivery to the respective County Clerk. 2. Possession of Mail Drop Box Keys. A. Keys to the mail ballot drop box shall be transferred from the custody of the Pitkin Clerk to the custody of the Basalt Clerk at a time reasonably and mutually agreed upon by the Clerks. The Basalt Clerk shall make all reasonable effort to keep keys to the mail ballot drop box in a secure location at all times during the Basalt Term of Use. B. Keys to the mail ballot drop box shall be returned immediately to the Pitkin Clerk after the municipal election and no later than 48 hours after the municipal election. C. If keys to the mail ballot drop box are ever stolen or lost, the cost of a replacement lock and keys shall be the responsibility of the Basalt Clerk. The Basalt Clerk will immediately notify the Eagle and Pitkin Clerks of such occurrence. 3. Signage. The Clerks recognize the need for the Basalt Clerk to clearly label and identify the mail ballot drop box as an eligible location for the Town of Basalt voters to return their ballots for the municipal election. Proper signage is the responsibility of the Basalt Clerk. A. All signage placed on the mail ballot drop box by the Basalt Clerk shall sufficiently cover all Eagle County and Pitkin 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 Basalt Clerk at the end of the Basalt Term of Use. 4. Video Surveillance. The Pitkin Clerk hosts the video surveillance and software installed for this mail ballot drop box. Should statute dictate that municipalities need to monitor video surveillance for the mail ballot drop box; the Basalt Clerk shall coordinate with the Pitkin County Clerk to provide the material necessary to create a copy of the Pitkin County hard drive used to record and retain all relevant video surveillance. The Basalt Clerk shall identify DocuSign Envelope ID: EC919B08-E593-4170-BEAB-E40D668A4148 Page | 3 an individual for the Pitkin Clerk to contact should they need to obtain copies of the video surveillance outside of regularly scheduled hours. The Pitkin Clerk will remain the custodian of the video surveillance records created on the Pitkin County hard drive. If the records created during the Basalt Term of Use are requested by any individual or entity other than the Basalt Clerk, the Pitkin Clerk will notify the Basalt Clerk of the request prior to any response and then otherwise respond as required to the request. Any records created during the Basalt Term of Use will be kept or destroyed as otherwise prescribed under Pitkin County’s records retention policy. Damage to Property. The Basalt Clerk shall be responsible for repair/replacement of property damage to the mail ballot drop box should damage occur during the Basalt Term of Use. IN WITNESS WHEREOF, the Clerks hereto have executed this Agreement the day and year first above written. CLERK AND RECORDER OF THE COUNTY OF EAGLE By: _________________________________________ Clerk and Recorder, Eagle County CLERK AND RECORDER OF THE COUNTY OF PITKIN By: _________________________________________ Clerk and Recorder, Pitkin County CLERK OF THE TOWN OF BASALT By: _________________________________________ Clerk, Town of Basalt DocuSign Envelope ID: EC919B08-E593-4170-BEAB-E40D668A4148 Ingrid Grueter 4/29/2024 Regina O'Brien