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HomeMy Public PortalAboutResolution 2013-08-01 Referred Ballot Questions in the November 5, 2013 Election and Enter into an Intergovernmental Agreement with the County of Grand for the Coordinated Election TOWN OF FRASER RESOLUTION NO. 2013-08-01 REGARDING REFERRED BALLOT QUESTIONS IN THE NOVEMBER 5, 2013 ELECTION and ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF GRAND FOR THE COORDINATED ELECTION WHEREAS, the Town of Fraser has a need to have Referred Ballot Questions in the Tuesday November 5, 2013 election; and WHEREAS, said election must be held as a coordinated election; and WHEREAS, the County of Grand is the Coordinated Election Officials. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: (1) The election shall be held under the Provisions of Title I of the Colorado Revised Statutes, (2)The Town of Fraser is authorized to enter into an Intergovernmental Agreement with the County of Grand for the coordinated election to be held November 5, 2013. (3) The Town Clerk shall act as the Town's designated election official for purposes of such election. DULY MOVED, SECONDED AND ADOPTED THIS 21St DAY OF AUGUST, 2013. BOARD O RUSTEES OF THE (SEAL) >EEi- TOWN F S L F B Mayo ATTEST: rXUL e 9 A Lu erger, T- own C rk INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this�j�'` day of 2014,by and between the Grand County Clerk and Recorder(hereinafter referred to as County), P.O. Box 120, Hot Sulphur Springs, CO 80451, and the Town of Fraser (hereinafter the "Town") and Lu Berger, Town Clerk for the Town of Fraser,the Designated Election Official (hereinafter the "Official"). WITNESSETH: WHEREAS, the Town and the County are all political subdivisions of the State of Colorado; and WHEREAS, Lu Berger, Town Clerk has been appointed as the Designated Election Official for a municipal election within the Town of Fraser. WHEREAS, the Constitution of the Statutes of the State of Colorado,particularly Part 2, Article 1, Title 29, Colorado Revised Statutes, as amended, authorizes political subdivisions to enter into contracts which may be mutual benefit to all parties; and WHEREAS, the Town and the Official will be conducting an election pursuant to the laws of the State of Colorado; and WHEREAS, the Official and the Town desires to contract with the County to complete certain administrative duties and tasks relating to the election; and Article 10 of Title 31 C.R.S. as amended for a Polling Place Election. WHEREAS, the County desires to enter into the agreement and provide those duties spelled out herein; and NOW THEREFORE in consideration of the foregoing premises, and of the mutual covenants herein contained, it is agreed by and among all parties as follows: SECTION 1 The County shall provide those administrative duties to the Official and the Town outlined in Exhibit A which is attached hereto and incorporated herein as if set forth in full. SECTION II The Official shall be responsible for all aspects of the election and shall perform all those duties outlined in the "Uniform Election Code of 1992"and the "Colorado Municipal Election Code of 1965". The County shall not be responsible for the election in any way, shape or form and shall be responsible for only those administrative duties spelled out herein. SECTION III The Town shall pay for the administrative functions provided by the County as follows: a. The Town shall pay$500 as a base fee for the County to perform the above work. In addition, County shall be reimbursed for all costs including,but not limited to postage and copies. b. The Town shall pay the $500 fee by 60 days after the Election. Grand County shall submit invoices for all reimbursed costs which shall be paid within fifteen days of the date of the invoice. SECTION IV This agreement may be amended at any time by written agreement of the parties. SECTION V This agreement shall expire on December 31, 2014, unless extended by mutual agreement of the Parties. Expiration of the agreement does not terminate the Official's or Town's duty to reimburse the County for any and all costs associated with this agreement if not already paid. SECTION VI Town and Official shall indemnify the County and hold and defend County and its officials, officers and employees harmless from all costs, claims and expenses arising from claims made by any person in connection with the acts or omissions of, or representations by, the Town or Official. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Town or Official. It shall be a condition to liability under this paragraph that the County promptly provide to the Contractor a copy of any summons, complaint or other notice of claim with respect to any claim for which the County may seek indemnification or defense here under. Within 10 days following the giving of such notice of claim by the County, the Town or Official shall acknowledge receipt of such notice in writing to the County and, in such notice, accept the defense and obligation to indemnify the County hereunder. Following such acknowledgment, the Town or Official shall take all actions reasonably necessary to protect the County from such claim and the County shall cooperate in such defense. In the event that the Town or Official fails or refuses to give such acknowledgment of receipt and acceptance to the County within the 10 day period specified, the County may, but shall not be obligated to, assume its own defense and thereafter recover all costs of such defense from the Town or Official. SECTION VII No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any immunities, rights,benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., of the Federal Tort Claims Act, 28 U.S.C. 2671 et seq, as applicable, as now or hereafter amended. Adopted and approved this day of , 2014. BOARD OF COUNTY COMMISSIONERS ®WN OFF S R ATTEST: VA County Clerk Town CYerk Exhibit A The County Clerk shall: 1. Purchase ballot stock for printing ballots 2. Set-up Election database to print ballots 3. Print ballots 4. Perform Logic and Accuracy Test in accordance with law and rule 5. Prepare ballots for scanning 6. Complete tally 7. Provide election results to town 8. Perform Post Election Audit 9. Give credit for voting to Town voters on the SCORE system 10. Provide Official use of the following: • 3 ballot boxes • 6 plastic secrecy sleeves • 15 tamper-evident numbered seals • 4 Voting Booths The Town Clerk shall: 1. Supply Election Judges for Town 2. Train Election Judges 3. Receive ballots from voters and prepare batches to count 4. Make applications available to request a ballot 5. Replace ballots for voters as needed