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HomeMy Public PortalAboutResolution 2015-08-05 Ballot Questions in the November 3, 2013 Election and Enter into an Intergovernmental Agreement with the County of Grand for the Coordinated Election TOWN OF FRASER RESOLUTION NO. 2015-08-05 REGARDING BALLOT QUESTIONS IN THE NOVEMBER 3, 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 Ballot Questions in the Tuesday November 3, 2015 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 3, 2015. (3) The Town Clerk shall act as the Town's designated election official for purposes of such election. DULY MOVED, SECONDED AND ADOPTED THIS 19TH DAY OF AUGUST, 2015. FR,is�� BOARD OF T-USTEES OF THE (SE ) SEAL TOWN O' F" •SER, poRAD,s oLOR BY: _ � �� Iry Mayo OI6-eit ATTEST: Lu Berger, Town ClerK AGREEMENT This Letter of Agreement shall serve as the intergovernmental agreement between the Grand County Clerk and Recorder(hereinafter referred to as County),P. O. Box 120,Hot Sulphur Springs,CO 80451 and o e r (hereinafter referred to as Jurisdiction). ARTICLE I 1.01 PURPOSE. Pursuant to the terms of this agreement,the County and Jurisdiction agree to the scheduling of the Coordinated Election on November 3,2015. Such Election may involve more than one political subdivision with overlapping boundaries, and the County shall serve as the Coordinated Election Official for all political subdivisions involved in this election. This election shall be held under the provisions of Title I of the Colorado Revised Statutes ARTICLE II 2.01 DUTIES OF THE COUNTY. The duties of the County are set forth in Exhibit A attached hereto. ARTICLE III 3.01 DUTIES OF THE JURISDICTION. The duties of the Jurisdiction are set forth in Exhibit B attached hereto. ARTICLE IV 4.01 ALLOCATION OF COSTS OF ELECTION. The County shall determine the cost allocation for each political subdivision participating in the Coordinated Election. The Jurisdiction shall reimburse the County for such election costs that are solely that of the Jurisdiction and costs allocated to the Jurisdiction in an amount not to exceed$3 per registered Grand County voter at the close of the registration books. (November 3,2015 at 7:00 p.m.) Such reimbursement shall be made to the County within thirty days from receipt of billing from the County. ARTICLE V 5.01 INDEMNIFICATION. The Jurisdiction agrees to indemnify,defend and hold harmless the County from any and all loss,costs, demands or actions, arising out of or related to any actions, errors or omissions of the Jurisdiction in completing its responsibilities relating to the November 3,2015 Election. 5.02 Nothing contained in this agreement shall constitute a partial or full waiver of the County's Governmental Immunity. ARTICLE VI 6.01 TERM. This agreement shall terminate upon completion of the duties set forth in Exhibits A and B. In the event of a breach of this agreement by the County, including but not limited to the County's intentional or negligent failure to perform as provided for herein,the Jurisdiction's damages shall be limited to the cost of the new election. GRAND COUNTY CLERK AND RECORDER JURISDICTI1 BY: / _1. 1 _ _11L i d Date Date EXHIBIT A DUTIES OF THE COUNTY 2.01 County Duties. The County Clerk shall perform the following duties for the Election for the Jurisdiction. A. Designate Primary Contact to act as the primary liaison between the County and the Jurisdiction. The Primary Contact is Sara Rosene;phone 970-725-3110 or e-mail srosene@co.grand.co.us. B. Provide location for voters to apply for and obtain mail-in ballots,voter service and polling centers, and ballot drop-off locations. (See attached Exhibit C) C. Create the layout of the text of the ballot in a format that complies with law and is acceptable to the Jurisdiction. D. Provide the layout and proof of the Ballots to the Jurisdiction on or before 53 days prior to the Election Day(September 11,2015) in order to permit review,proofreading, and approval before the County authorizes the printing of the ballots. The Jurisdiction shall return the acceptance of ballot following review, proofreading, and approval no later than 5:00 p.m. on the day after receiving the proof. If the Jurisdiction fails to provide approval by 5:00 p.m.on the day of the deadline,the content is to be considered approved. No changes to the certified content may be made without the express written approval of the County after the proof has been approved. E. Appoint,provide written materials, as required by law,train, and pay a sufficient number of qualified election judges to adequately serve the number of electors anticipated to vote at the Election. The election judges for the Jurisdiction's Election may be the same persons as are employed for the elections held by other jurisdictions on the same day and at the same polling places. F. Conduct such formal training sessions for the Judges of elections as are deemed reasonably necessary by the County. G. Perform all services necessary for voting in the Jurisdiction's election,including but not limited to,preparation of voter materials,receipt and processing of applications for Mail-In(absentee)ballots, mailing Ballots,receipt of Ballots, checking voter qualifications, and preparation for counting; opening ballot drop-off locations; and closing and transporting ballots from Ballot drop-off locations. H. Provide for the Jurisdiction,the following: 1. "Instructions to Voters" signs 2. "Drop-off location signs 3. "100 Foot Limit" signs 4. Secrecy sleeves for ballots 5. Miscellaneous supplies 6. Adequate number of pens and pencils 7. Changes in Voter Registration forms and all other voter registration forms 8. Affidavits concerning Voter Assistance forms 9. Ballot boxes 10. Locks 11. Supply boxes 12. Poll watcher nametags 13. Judge's manuals(County generated)one per election judge 14. Detailed notice of election to be posted in the County's office and the Election Official's office as required by Section 1-5-205 C.R.S. 15. Credentials for Election Judges I. Conduct and oversee the process of counting the ballots and reporting the results. J. Appoint, instruct, and otherwise oversee the board of canvassers. K. Certify the results of the Jurisdiction's election within the time required by law and forthwith provide the Jurisdiction with a copy of all election statements and certificates,which are to be created under the Code. L. Only if requested by the Designated Election Official in writing within 60 days following the Election,capture the vote history from the Election Department's vote history file and generate a listing of who voted in the Jurisdiction. If,requested,the cost will be the per entry fee charged by the County's contractor for this service or$15 set-up and$.10 per name with a minimum charge of$25. M. Store all ballots, signed ballot envelopes, signature cards of electors who cast ballots at the election for a minimum of(25)twenty-five months, and all such other materials required by the Code to be saved for(25)twenty-five months in such a manner that they may be accessed by the Jurisdiction, if necessary,to resolve any challenge or other legal questions that might arise regarding the election. N. Keep careful and accurate accounting of time, supplies, and salaries chargeable to the Jurisdiction. O. Adhere to all applicable provisions of the Code which are necessary or appropriate to the performance of the above duties. P. The County and its employees, agents,representatives or other persons acting under the direction or control of the County shall use reasonable care in carrying out its obligations under this agreement. Q. The County shall notify the Election Officer of the names, contact persons, and general topic of the election being held by all jurisdictions within Grand County holding elections on November 3, 2015,no later than 42 days prior to the election. R. Publication of legal notices concerning the Coordinated Election,which are required to be published after certification of the ballot content to the County, shall be the responsibility of the County. S. The County shall coordinate the text for the ballot issue mailing for all participating Grand County political subdivisions, into one notice. Said Ballot issue mailing shall be prepared and mailed by the County in accordance with Section 20,Article X,of the Colorado Constitution and Colorado Revised Statutes. EXHIBIT B DUTIES OF THE JURISDICTION 3.01 Jurisdiction Duties. In consideration of the foregoing,the Jurisdiction agrees to perform the following tasks and activities: A. Appoint an election officer and provide a Primary liaison between the County and the Jurisdiction. B. Certify ballot content to the County Clerk and Recorder by 5:00 p.m. on Friday, September 4,2015 (60 days prior to the election). (Ballot content shall be provided electronically as a text file.) The County will provide the layout and proof of the ballots to the Jurisdiction on or before 53 days prior to the Election Day(September 11,2015)in order to permit review,proofreading, and approval before the County authorizes the printing of the ballots. The Jurisdiction shall return the acceptance of ballot following review, proofreading, and approval no later than 5:00 p.m. on the day after receiving the proof. If the Jurisdiction fails to provide approval by 5:00 p.m.on the day of the deadline,the content is to be considered approved. No changes to the certified content may be made without the express written approval of the County after the proof has been approved. C. In consultation with the Election Officer,the County will order the number of ballots reasonably expected to be required to be printed for mailing and replacement ballots. D. Accept the established Drop-off locations for the Jurisdiction's election. E. Prepare and publish Legal Notices of the election as required by law and the applicable election code. F. Formally notify each of the Counties within the Jurisdiction of the election and request the certified number of registered electors residing within the Jurisdiction as of the close of the registration books on the 30th day prior to the election. G. Store all election materials not stored by the County for that time required by the Code. H. The Petition process for the Jurisdiction shall be entirely the responsibility of the Jurisdiction, and shall be done in compliance with applicable Colorado statutes, ordinances or other charter provisions. I. Provide the County with a copy of the ordinance or resolution stating that the Jurisdiction has adopted Title 1 and that the Jurisdiction will participate in the election. J. The process of receiving written comments and summarizing such comments, as required by Section 20 of Article X and Colorado Revised Statutes, shall be solely the responsibility of the Jurisdiction. K. The Jurisdiction shall certify a final and exact summary of comments concerning its ballot issues to the County,no later than September 22,2015 (no later than 42 days before the Election), for Section 20,Article X, of the Colorado constitution and Colorado Revised Statutes 1-7-904 in written form and on a disk in Microsoft Word format or e-mail in Microsoft Word format. L. Publication of legal notices concerning Jurisdiction's election,which are to be published prior to certification of the ballot content to the County, shall be the responsibility of the Jurisdiction. A copy of such published legal notice shall be submitted to the County for its records. M. Pay the Jurisdiction's proportional share of the actual costs of services, supplies and mileage to the County as required by Article IV of this agreement,upon receipt of the itemized statement and, if requested by the County,pay all or part of any such costs for the Jurisdiction election directly to vendors or contractors. N. If required,provide a list of all non-resident property owners do not reside within the County where the political subdivision is located. O. Appoint one person to serve as a representative at the Logic and Accuracy Testing. P. Appoint one person to serve as a representative on the canvass board. The Jurisdiction shall appoint a representative at least 15 days prior to the election(October 15, 2015). Q. Verify the accuracy of the addresses of residences within in the district no later than 70 days before the election(August 25). EXHIBIT C VOTER SERVICE AND POLLING CENTERS AND DROP-OFF LOCATIONS Grand County Administration Building 308 Byers Avenue Hot Sulphur Springs CO 80451 October 12, 2015 through November 3, 2015 8:30 a.m. to 5:00 p.m. Monday through Friday Saturday, October 31, 2015 8:00 a.m. to 12 noon and Tuesday, November 3, 2015 7:00 a.m. to 7:00 p.m. Ballot drop-off Only locations listed below October 29 through October 30, 2015 - 2:00 p.m. to 6:00 p.m. Monday November 2, 2015 - 2 p.m. to 6:00 p.m. November 3, 2015 - 7:00 a.m. to 7:00 p.m. Grand Lake Town Hall Granby Town Hall CSU Extension Hall Fraser Town Hall 1026 Park Avenue Zero Jasper Avenue Grand County Fairgrounds 153 Fraser Avenue Grand Lake, CO Granby, CO Kremmling, CO Fraser, CO Ballot drop-off Only location Monday, November 2, 2015 - 2:00 p.m. to 6:00 p.m. Tuesday, November 3, 2015 - 7:00 a.m. to 7:00 p.m. Church of Eternal Hills 100 Meadows Blvd Tabernash, CO VOTER SERVICE AND POLLING CENTER Grand County Administration Building October 12, 2015 through November 2, 2015 8:30 a.m. to 5:00 p.m. Monday through Friday Saturday, October 31, 2015 8:00 a.m. to 12 noon Tuesday, November 3, 2015 7:00 a.m. to 7:00 p.m.