07-26-2016 Eagle County IGA November 8, 2016 ElectionExhibit A
Eagle County
Intergovernmental Agreement
November 8, 2016 General Mail Ballot Election
This Agreement is made and entered into the A60'�day of , 2016 between Eagle County and the Town
of Avon (hereinafter referred to as 'Political Subdivision'), concerning the administration and the conduct of the
November 8, 2016 General Election (the "Election ").
Coordinated and Designated Election Officials
Except as otherwise provided in this Section, the Eagle County Clerk and Recorder (the "County Clerk ") shall act
as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in
the Uniform Election Code which require action by the Coordinated Election Official. The Political Subdivision
shall name a 'Designated Election Official' who shall act as the primary liaison between the Political Subdivision
and the County Clerk and who will have responsibility for the conduct of the Election procedures to be handled by
the Political Subdivision. Nothing herein shall be deemed or construed to relieve the County Clerk or the
Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election.
Jurisdictional Limitation
This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County.
County Clerk Responsibilities
The County Clerk shall perform the following services and activities for the Political Subdivision's Election:
1. Adhere to all applicable provisions of C.R.S. Title One, Federal law related to elections and Colorado
Secretary of State Rules.
2. Perform all services necessary for voting in Eagle County's elections, including but not limited to, pre and
post - election testing of voting equipment, preparation of mail —in and voter ballot materials, receipt and
processing of applications for voter registrations, receipt and processing of overseas and military voter
applications for ballot delivery, timely mailing of ballots, tabulation of votes and certification of results.
3. Provide four locations for Voter Service and Polling Centers throughout the County during all Elections.
4. Provide the Political Subdivision an itemized statement of the costs for performing the tasks by the
County Clerk hereunder no later than 60 working days following the Election. Exercise all reasonable
diligence, care and control in providing these services to the Political Subdivision.
Exhibit A
5. Give assistance and information to the Designated Election Official of the Political Subdivision on any
matter to ensure the smooth and efficient operation of the Election (such information not to include legal
advice).
6. Additional responsibilities related to certain Special Districts ( the "District ") in which non - resident property
owners may be eligible to vote:
a. Send property owner ballots to non - resident voters who have returned the self- affirming oath.
(Oath will be included in the District Specific Tabor Notice mailing)
b. The self- affirming oath or affirmation is included as Appendix E.
c. Record on a spreadsheet each property owner mailed and returned.
d. Tabulate and certify results for these special elections.
Political Subdivision Responsibilities
The Political Subdivision shall perform the following services and activities:
1. Identify a 'Designated Election Official' to act as liaison between the Political Subdivision and the County
Clerk.
2. Determine the ballot issues to be voted upon at the Election.
3. Determine the ballot title and text. Ballot titles shall begin, "SHALL (DISTRICT) TAXES BE INCREASED
(first, or if phased in, final, full fiscal year dollar increase) ANNUALLY ?" or "SHALL (DISTRICT) DEBT BE
INCREASED (principal amount), WITH A REPAYMENT COST OF (maximum total district cost)?
4. Be solely responsible for the accuracy, grammar and spelling of all ballot titles and text.
5. Exercise all reasonable diligence, care and control in providing these services to the County Clerk.
6. Review district street locator list; Appendix C, and alert County Clerk to any necessary edits and certify
the accuracy of the list on the Statement of Certification; Appendix D.
7. Give assistance and information to the County Clerk on any matter to ensure the smooth and efficient
operation of the Election (such information not to include legal advice).
8. Adhere to all applicable provisions of the Colorado Revised Statutes which are necessary or appropriate
to the performance of the above duties.
9. Assist with equipment logic and accuracy testing and post - election canvass and audit as requested.
10. Additional Responsibilities for Districts with Non - Resident Eligible Voters
• Request district property owner list from county assessor's office and provide one spreadsheet
with two worksheets. The first worksheet will include all property owners along with their
residential and mailing addresses. The second worksheet will separate mailing addresses which
are outside of Eagle County no later than September 19, 2016.
Exhibit A
Call and Notice
The County Clerk will publish one notice and sample composite ballot and Notice of Election as required by
C.R.S. 1 -5 -205 of the Uniform Election Code in the Eagle Valley Enterprise and the Aspen Times Weekly no later
than 20 days prior to the Election (Appendix B).
This notice and sample composite ballot will also be posted on the Eagle County website no later than 20 days
prior to the Election.
Petitions: Preparation and Verification
The Political Subdivision shall be responsible for the petition process in compliance with applicable Colorado
statutes, ordinances, or charter provisions. This process includes, but is not limited to, providing petitions,
approving the candidate or initiative petitions to be circulated within the Political Subdivision, and receiving the
petitions.
The County Clerk shall be responsible for approving the form of petitions and verifying the eligibility of petition
signatures.
Ballot Certification Format Requirements
The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 60 days
before the Election in final written form using the format requirements specified in Appendix A. The Political
Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues
legally belong on the ballot. The list of candidates /questions must be typed exactly as it is to appear on the ballot,
including correct order. For candidates, specify titles of offices, the order of the names to appear for each office
and the order of offices. For issues, specify the ballot title, and the order of the issues. Wording shall be in upper
and lower case except as is dictated by law (e.g., TABOR Amendment). The Political Subdivision has the
responsibility to proofread and edit the text of the official ballots before the County Clerk will authorize printing of
the ballots. From the time of receipt of the ballot proof, the Political Subdivision has 24 hours to proofread, correct
if necessary, sign and return the proof to the County Clerk and its failure to disapprove and correct errors within
that time shall constitute an approval of the ballot proof. After final approval of the ballot text the Political
Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of
their issue or race on the printed ballots.
Political subdivision will provide ballot language in English and is encouraged to also provide Spanish
translations.
Exhibit A
TABOR Notice
Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be
summarized as required by Article X, Section 20 of the Colorado Constitution. The Designated Election Official
shall transmit the summaries and any other required material to the County Clerk no later than 42 days before the
Election in final written form in accordance with the specifications required in Appendix A. Submissions not
meeting these requirements will be rejected by the County Clerk.
Political Subdivision shall:
1. Include, within its Ballot Issue Notice (TABOR Notice; Article X, Section 20 of the State Constitution),
ballot titles in this order of preference:
• Citizen Petitions:
i. Notice of Election to Increase Taxes
ii. Notice of Election to Increase Debt
Referred Measures:
i. Notice of Election to Increase Taxes
ii. Notice of Election to Increase Debt
2. Title the Tabor Notice with "NOTICE OF ELECTION TO INCREASE TAXES / TO INCREASE DEBT / ON
A CITIZEN PETITION / ON A REFERRED MEASURE" according to the type of Tabor question.
3. Provide the Political Subdivision's completed TABOR Notice to Teak J. Simonton, County Clerk in the
format described in Appendix A. This notice must be provided in English and it is recommended that a
Spanish translation also be provided.
The County Clerk shall:
1. The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3) (b) in the
most cost effective manner feasible to all registered Eagle County voters.
2. Combine the text of the TABOR Notices produced by the Political Subdivision with those of other political
subdivisions to produce the TABOR Notice packet.
3. Include in the TABOR Notices mailed to each household where one or more eligible electors reside, voter
notification information which will include household address, precinct number, the specific election being
noticed and other applicable information.
4. Include in the TABOR Notice the Self Affirming Oath with explanation to voters about who is eligible to
apply for these property owner ballots.
5. Address the packet to 'All Registered Voters' at each address of one or more active registered electors
within the Political Subdivision. Nothing herein shall preclude the County Clerk from sending the TABOR
Exhibit A
Notice to persons other than active electors of the Political Subdivision if such sending arises from the
County Clerk's efforts to mail the TABOR Notice packet at 'least cost'.
6. Be responsible for placing the TABOR Notices received from the various political subdivisions
participating in the Election in the proper order in the TABOR Notice packet. As nearly as practicable, the
notice shall be in the order the ballot issues will appear on the ballot.
7. Mail the TABOR Notice packet, addressed as required by law, at least 30 days before the Election.
Costs
The County Clerk shall keep a careful and accurate accounting of all chargeable items to the Political Subdivision
and shall submit to the Political Subdivision, a statement of charges (for costs incurred by the County and not
billed directly to the Political Subdivision by an outside vendor) within sixty (60) work days following the date of the
Election (Appendix B). Costs shall include but are not limited to: election judges and other associated personnel,
ballots and related election forms, printing, election supplies, legal notices paid for the County, postage, rental
charges, technical support, and TABOR Notice printing and mailing.
The County Clerk shall charge each Political Subdivision taking part in the General Election on a prorated basis
based primarily on the number of ballot issues, active voters Property Owner Election supplemental fees and /or
items to be included on the ballot for each Political Subdivision. In the event that additional costs are incurred, the
Political Subdivision promulgating such costs will be charged accordingly.
The County Clerk shall charge each Political Subdivision for costs relating to the TABOR Notice on a prorated
basis based on the number of ballot issues and /or items to be included in said notice for each Political
Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will
be charged accordingly.
There will be a surcharge for coordination and administration of non - resident, property owner ballot mailing of
$1000.00.
The minimum charge for coordinating the Election with the County Clerk shall be $500.00.
The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement.
Exhibit A
Street Locator List
Appendix C to this Agreement is a copy of the Street Locator List for the Political Subdivision. It is the
responsibility of the Political Subdivision to review the list and correct any errors. A Statement of Certification,
Appendix D, must be signed by the Designated Election Official for the Political Subdivision and returned to the
County Clerk along with any changes to the Street Locator List, accompanied by the signed Intergovernmental
Agreement 70 days prior to the Election, August 30, 2016. (Appendix B)
Appointment and Training of Election Judges
All Election Judges shall be appointed and trained by the County Clerk. In the event that additional Judges are
needed, the Political Subdivision may be required to provide one individual to serve in that capacity.
Testing and Tabulation
Processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. An unofficial abstract
of votes will be provided to the Political Subdivision upon completion of the counting of all ballots.
Canvass of Votes
The canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such
canvass will be completed no later than seventeen (17) days after the Election (November 25, 2016) and official
results of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional
Certificates of Election which are required by law to be forwarded to another division of government shall be the
responsibility of the Political Subdivision.
Indemnification
The Political Subdivision agrees to indemnify, defend and hold harmless the County, its officers and employees,
from any and all losses, costs, demands or actions, arising out of or related to any actions, errors or omissions of
the Political Subdivision in completing its responsibilities relating to the Election and related tasks.
Exhibit A
Cancellation
In the event that the Political Subdivision, after the signing of this Agreement and on or before the day of the
Election, resolves not to hold the Election, notice of such resolution shall be provided to the County Clerk
immediately. The Political Subdivision shall provide notice by publication (as defined in the Code) of the
cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office
of the Designated Election Official (as defined in the Code), in the primary building of the Political Subdivision,
and, if the Political Subdivision is a special district, in the office of the division of local government. The Political
Subdivision shall not cancel the election after the 25th day prior to the Election (Appendix B).
The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was
received by the County Clerk together with all expenses incurred thereafter which could not be avoided by
reasonable effort. All costs incurred or contracted for by the County Clerk to support the Political Subdivision's
portion of the TABOR Notice shall be reimbursed by the Political Subdivision.
Upon receipt of the invoice the Political Subdivision shall promptly pay the County Clerk the full actual costs of the
activities of the County Clerk relating to the Election incurred both before and after the County Clerk's receipt of
such notice.
Reasonable Care
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 their obligations under this Agreement.
Notices
Any and all notices required to be given by this Agreement are deemed to have been received and to be effective:
• three days after they have been mailed by certified mail, return receipt requested to the address as
set forth below;
• immediately upon hand delivery to Teak J. Simonton, County Clerk,; or
• immediately upon receipt of confirmation that a fax or e-mail was received;
To County Clerk: Teak J. Simonton
Eagle County Clerk and Recorder
500 Broadway
P.O. Box 537
Eagle, CO 81631
Fax: 970 - 328 -8716
Exhibit A
Email: teak.simonton @eaglecounty.us
To Jurisdiction: Debbie Hoppe
Town of Avon
PO Box 975
Avon, CO 81620
Fax: 970 - 748 -4419
E -mail address: dhoppe @avon.org
Time is of the Essence
Per C.R.S. 1 -7- 116(2) this Agreement must be signed and returned to Teak J. Simonton, Clerk and Recorder
seventy (70) days prior to the Election, August 30, 2016.
The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of
State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks
required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective as of the date first set forth
above.
Designated Election Official
For the Town of Avon
— 4/*n "n .4 -
Chai , eanne McQueeney Date
Eagle County Board of Commissioners
Teak Simonton - Date
Clerk and Recorder
Appendix A
Requirements for Formatting Submissions
November 8, 2016 General Mail Ballot Election
Intergovernmental Agreement
Media
0 Email attachment of Word document OR
• compact disk (CD)
Software
Word version 2003 or above
Text
Times New Roman
Spacing
Single, no spaces between lists and paragraphs
Tables /Columns /Bullets
Strikethroughs
Bullets, dashes, bold and underlined text are all acceptable.
Printout
A hard copy must be submitted with the electronic version with the file name clearly
noted on the first page.
Labeling
Name of political subdivision and date of election
Appendix B
CALENDAR OF EVENTS AND DEADLINES
for
NOVEMBER 8, 2016 GENERAL MAIL BALLOT ELECTION
While this calendar may not include all significant dates,
some key dates are identified for your reference.
Special districts and political subdivisions planning to coordinate with the clerk's office should be
aware of the following deadlines:
• July 28, 2016 If by 100 days before the election, a political subdivision has taken formal
action to participate in an election that will be coordinated by the county clerk and recorder,
the political subdivision shall notify the county clerk and recorder in writing. C.R.S. 1 -7-
116(5)
• August 8 2016 IGA's will be mailed to participating entities
• August 30, 2016 70 Days prior - Political subdivisions participating in the election must
return signed Intergovernmental Agreements to the county clerk and recorder. C.R.S. 1 -7-
116(2)
• September 9, 2016 60 Days prior- Last day for the designated election official from each
political subdivision to certify the ballot text to the county clerk and recorder. C.R.S. 1 -5-
203(3)(a)
• Week of September 19, 2016 Equipment and Logic and Accuracy Testing
• September 27, 2016 42 Days prior — Political subdivisions shall deliver the full text of any
required ballot issue notices (pro /con statements) to the county clerk and recorder in order
to be included in the issue mailing. C.R.S. 1 -7 -904
• October 14, 2016 Last date to for political subdivision to cancel election or withdraw ballot
issue or question. C.R.S. 1 -5- 208(2)
• October 19, 2016 No later than 20 days prior to Election Day, the County Clerk will publish
notice of election.
• October 17th - Ballot mailed
• October 31St— Deadline to mail ballots. After this date voters have the option of picking up
ballots in person at any Voter Service and Polling Center.
• October 17, 2016 24 -hour ballot drop boxes and interior ballot boxes available in Avon,
Eagle and El Jebel Clerk and Recorder locations.
• October 24 — November 8, 2016 Voter Service and Polling Centers open in all county clerk
locations.
• November 8, 2016 Election Day — First Tuesday following the first Monday of November.
• November 25, 2016 Deadline to certify election results. Official results will be forwarded
to political subdivisions.
Please keep this list of dates for your reference.
Appendix C
Street Locater List
For Coordinating Political Subdivision
the Town of Avon
For November 8, 2016 General Mail Ballot Election
Please see enclosed CD for Street Locator List
C,\ users\ stac: ey .jories \C)esl<kop \IIGA\10A \TOA Appendix C 2016.docx
Appendix D
Eagle County
Intergovernmental Agreement
November 8, 2016
General Mail Ballot Election
Statement of Certification — Street Locator List
I, vi-,-u ,e I�� o� , as Designated Election
Official for the Town of Avon, (hereinafter "Political Subdivision ") do hereby
certify that the Street Locator List provided to the Political Subdivision has been
reviewed, corrections made, and to the best of my knowledge I believe it is a true
and complete list of the addresses located within the Political Subdivision.
n,'JA�' & 1 060
Designated Election Official
for the Town of Avon
�lab l&-,,
Date