HomeMy WebLinkAboutresolution.council.111-17 RESOLUTION #111
(SERIES OF 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CALLING FOR AND ESTABLISHING A DATE FOR A SPECIAL MUNICIPAL ELECTION
TO BE CONDUCTED ON NOVEMBER 7, 2017 AND AUTHORIZING THE CITY CLERK
TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE 2017
GENERAL ELECTION.
WHEREAS, there has been submitted to the City Council an intergovernmental
agreement for the 2017 General Election, between the City of Aspen "Political Subdivision" and
Pitkin County Clerk and Recorder, a true and accurate copy of which is attached hereto as
Exhibit"A"; and
WHEREAS, Section 2.2 of the Home Rule Charter of the City of Aspen provides that
any special municipal election may be called by resolution or ordinance of the City Council at
least sixty(60)days in advance of such election; and
WHEREAS, the City Council desires to place before the Aspen electorate certain ballot
questions; and
WHEREAS, the City Council may add such additional questions to the ballot as it may
hereafter deem appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1:
A special municipal election shall be and is hereby called and established for Tuesday,
November 7, 2017 for the purpose of submitting a ballot question related to a proposed tobacco
product sales tax and any other questions to be determined by the City Council at a future date.
Section 2:
Pursuant to Ordinance No. 31, Series of 1996, the November 7, 2017, Special Election shall be a,
coordinated election and shall be conducted in accordance with the Uniform Election Code of
1992, as amended. The City Clerk shall take all steps necessary to negotiate with the Pitkin
County Clerk and Recorder for the preparation of an intergovernmental agreement in accordance
with Section 1-7-116, C.R.S., concerning the conduct of the November 7, 2017, Special Election
according to law.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14`h
day of August, 2017.
Stev ' kad o ayor
Att t: Approved as to
Form: —
Linda Manning, City Cler ames R. True, City Attorney
INTERGOVERNMENTAL AGREEMENT CONCERNING 2017 COORDINATED ELECTION
THIS AGREEMENT is made effective thissj day of us 2017, between the Pitkin
County Clerk and Recorder("Clerk") and l i F-f C� :1
("Political Subdivision"):
WHEREAS, political subdivision desires to refer one or more candidates, contests, issues or
questions on the Pitkin County Ballot for the November 7, 2017 General Election (the "Election"), in
accordance with the Uniform Election Code of 1992, as amended from time to time, 1-1-101 et seq.,
C.R.S.; and
WHEREAS, section 1-7-116(1), C.R.S., as amended, requires Clerk to act as the coordinated election
official and conduct the Election on behalf of Political Subdivision and similarly situated participating
entities, and;
WHEREAS, section 1-7-116(2), C.R.S., as amended, requires Clerk and Political Subdivision to enter
into an agreement concerning the conduct of the Election, which agreement must be signed no later
than seventy(70)days prior to the Election;
WHEREAS, Clerk agrees to perform the services specified below in connection with the Election in
consideration of Political Subdivision's timely payment of costs and performance of its other obligations
as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein, the
parties agree as follows:
1. Duties of the Clerk
Clerk shall perform the following duties in connection with the preparation for and conduct of the
Election and such other duties as the parties may hereafter mutually agree in writing:
A. County Clerk's Designation Election Official
Clerk hereby designates Kelly McNicholas Kury, Pitkin County Election Manager (Tel:
(970) 429-2705; Email: kelly.mcnicholas@pitkincounty.com) as the "Contact Officer" to
act as Clerk's primary liaison with Political Subdivision for all purposes relating to the
Election. The Contact Officer shall act under the authority of Clerk.
B. Preparation for Election
1. Clerk hereby provides Political Subdivision with an address library report (attached to this
Agreement as Exhibit A), listing all residential street addresses situated within Political
Subdivision's boundaries, as currently configured in Colorado's statewide voter registration
database ("SCORE").
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2. Clerk shall manage all voter registration records and correspondence in substantial
compliance with the Election Code of 1992, sections 1-1-101 to 1-13-803, C.R.S., as amended
("Election Code'); the Election ,Rules promulgated by the Colorado Secretary of State, as
amended; and policy directives of the Colorado Secretary of State, if applicable.
3. Clerk shall supply, deliver and set up all voting equipment and other items necessary to
conduct the Election, in substantial compliance with applicable provisions of the Election
Code and the Election Rules.
4. Clerk shall appoint eligible electors as election judges, arrange for their compensation and
provide any necessary election judge training in advance of the Election, all in substantial
compliance with applicable provisions of the Election Code and Election Rules;
5. Clerk shall include on the ballot all content timely certified by Political Subdivision in
accordance with law; contract for the printing of ballots, ballot envelopes and other printed
materials reasonably necessary to conduct the Election; and arrange for payment to the
printing vendor(s).
6. Clerk shall publish notice of a voter service and polling center election no later than twenty
days before the Election, pursuant to section 1-5-205(1), C.R.S., as amended, which notice
shall satisfy the publication requirement for all political subdivisions participating in the
Election pursuant to section 1-5-205(1.4), C.R.S., as amended.
7. Clerk shall perform all required acceptance testing, hardware diagnostic testing and logic and
accuracy testing of Pitkin County's voting system and components in substantial compliance
with applicable provisions of the Election Code, the Election Rules, and the Conditions for
Use applicable to Pitkin County's voting system as certified by the Secretary of State.
C. Conduct of Election
1. Clerk shall designate the proper number and locations of voter service and polling centers,
early voting centers, and mail ballot drop off. All voting locations will be accessible to
electors with disabilities, in substantial compliance with applicable provisions of the Election
Code and Election Rules.
2. Clerk shall provide for the security and processing of all mail ballots, and for the verification
of electors' signatures on the self-affirmation forms printed on the mail ballot return
envelopes, in substantial compliance with applicable provisions of the Election Code and
Election Rules.
3. Clerk shall issue mail ballots to and accept.voted mail ballots from military and overseas
voters in substantial compliance with the deadlines and delivery methods mandated by
applicable provisions of federal and state law, including the Election Code, the Election Rules
and the Uniformed and Overseas Citizens Absentee Voting Act, all as amended.
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4. Clerk shall provide for the security and reconciliation of official ballots supplied for or cast
during early voting and at the mail ballot processing center and voter service and polling
centers, in substantial compliance with applicable provisions of the Election Code and
Election Rules.
S. Clerk shall provide provisional ballots for use by electors eligible for issuance of the same
pursuant to section 1-8.5-101, C.R.S., as amended; provide for the security, timely
verification and counting of verified provisional ballots; and provide a telephone number or
website address for the use of electors casting provisional ballots to determine whether their
provisional ballot was counted; all in substantial compliance with applicable provisions of the
Election Code and Election Rules.
6. Clerk shall provide properly trained members of election staff to prepare for, conduct and
assist with the reconciliation and canvass of the Election in substantial compliance with
applicable provisions of the Election Code and Election Rules.
7. Clerk shall conduct any required post-election audit in substantial compliance with applicable
provisions of the Election Code and Election Rules.
8. Clerk shall conduct any mandatory or permissive recount in substantial compliance with
applicable provisions of the Election Code and the Election Rules.
9. Clerk shall appoint canvass board members, oversee the conduct of the canvass and certify
official results of the Election in substantial compliance with applicable provisions of the
Election Code and Election Rules.
10. Clerk shall preserve all election records relating to the Election for at least twenty-five
months, in substantial compliance with the Election Code and the Election Rules.
D. Election Costs
1. Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the
Election, including but not limited to costs incurred for supplies, printing, ballot insertion and
mailing, legal and other notices, temporary labor, compensation of election judges, and
other expenses attributable to Clerk's conduct of the Election on behalf of Political
Subdivision.
2. Clerk shall charge and allocate to Political Subdivision its pro rata share of the direct costs of
the Election, and all direct and indirect costs and expenses incurred by Clerk to remedy,
resolve or reconcile Political Subdivision's failure or omission to timely perform any of its
obligations under this Agreement, without regard to whether Political Subdivision rescinds
its intent to participate in the Election, as more particularly set forth in section ILC of this
Agreement.
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3. In the event an interested party is not liable for payment of costs incurred in connection with
a mandatory or permissive recount of, or election contest relating to, one or more candidate
contests, ballot issues or ballot questions certified by Political Subdivision, Clerk shall charge
any and all direct and indirect costs and expenses reasonably incurred by Clerk to conduct or
participate in any such recount or ballot contest. If more than one political subdivision
participating in the Election is involved in any such recount-or election contest, the costs
thereof shall be prorated between Political Subdivision and such other participating entities.
4. Clerk shall submit to Political Subdivision an invoice for Political Subdivision's pro rata share
of direct and indirect costs incurred in connection with Political Subdivision's participation in
the Election within ninety days after the Election.
E. Ballot Issue Notice aka "TABOR Notice"
1. Clerk shall prepare and mail a combined ballot issue notice in substantial compliance with
Article X, Section 20 of the Colorado Constitution ("TABOR") and applicable provisions of the
Election Code and Election Rules.
2. Clerk shall charge to Political Subdivision its pro rata share of all costs and expenses
reasonably incurred in connection with the preparation, printing, labeling, mailing and
postage for the ballot issue notice. Said expenses shall be prorated among all Political
Subdivisions participating in the ballot issue notice, as more particularly provided in section
II.D.6 of this Agreement.
3. Clerk shall mail the ballot issue notice not less than thirty days prior to the Election, pursuant
to Colorado Constitution Article X, Section 20(3)(b). Clerk shall determine the least cost
method for mailing the ballot issue notice, but at a minimum the ballot issue notice shall be
addressed and mailed to eligible electors at each address in Pitkin County where one or
more registered voters of the Political Subdivision and of any other participating entity
resides. Nothing herein shall preclude Clerk from mailing the TABOR Notice to persons other
than electors of Political Subdivision if such mailing arises from Clerk's efforts to mail the
combined TABOR Notice for all participating entities at the least cost.
II. Duties of the Political Subdivision
The Political Subdivision has designated 0,nniV9 c
whose mailing address is 1-,-0A o fi DP✓1 eO) '?J(n
and whose phone number is 9-40 - t(Z - Wy (;�S
and whose cell number is
and whose fax number is - Cyb-51q�—
and whose email address is L,1 U3nj6f, A N006 n Pi H A cPZ/),(cam
as its Designated Election Official ("DEO") for purposes of the Election, pursuant to C.R.S. §1-1-104(8).
The DEO shall act as the primary liaison between the Political Subdivision and Clerk.
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If the Political Subdivision encompasses territory within other counties, this Agreement shall apply only
to that portion of the Political Subdivision situated within Pitkin County.
The Political Subdivision shall perform the following duties in connection with the Election:
A. Preparation for Election
1. Except for legal notices that Clerk is required by specific provision of this Agreement to post
or publish, or both, Political Subdivision shall be solely responsible for posting or publishing,
or both, any other legal notices required of Political Subdivision pursuant to relevant
provisions of state law, including without limitation any applicable provisions of the Uniform
Election Code of 1992, C.R.S. §§1-1-101, et seq., as amended; the Colorado Municipal Code
of 1965, §§31-10-101, et seq., as amended; the Special District Act, C.R.S. §§32-1-101 et seq.,
as amended; the School District Organization Act of 1992, C.R.S. §§22-30-101 et seq., as
amended; the Community College and Occupational Education Act of 1967, C.R.S. §§23-60-
101, et seq., as amended; the Junior College Organization Act, C.R.S. §§23-71-101, as
amended; or the Regional Approach for Art, Culture and Library Services Act, C.R.S. §24-90-
101, as amended. '
2. Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot
question, candidate contest or candidate is eligible or properly certified for the ballot.
3. Political Subdivision shall verify and certify to Clerk that all address ranges and street names
actually situated in the Political Subdivision are accurately and completely stated in the
address library report attached hereto as Exhibit A. In connection with such address library
report verification and certification, Political Subdivision shall note any address ranges or
street names within the Political Subdivision that are inaccurately or incompletely stated in
or omitted from the address library report, and certify the accuracy and completeness of the
remainder of the address library report. If the certification is not providedby the date
specified herein, the Political Subdivision may not participate in the Election or Clerk may
build the election on the assumption that the address library report attached hereto as
Exhibit A is both complete and accurate, as Clerk in her discretion may decide. The Political
Subdivision shall deliver to Clerk its certificate of completeness and accuracy of the address
library report, with notations regarding inaccuracies and omissions, not later than 4:30 p.m.
on the 70th day before the election. Colorado Secretary of State Election Rule 4.1.3 IS CCR
1505-11.
4. Any proposed Political Subdivision not already identified by a tax authority code in the
records of the Pitkin County Assessor shall provide Clerk with a certified legal description,
map and locator, identifying all "high/low" ranges for street addresses within the proposed
Political Subdivision, no later than 180 days before the Election. Once the information has
been entered in the voter registration database, Clerk shall generate an address library
report and provide the same to the Political Subdivision. The Political Subdivision shall
review the information contained in the address library report and shall certify its accuracy
and completeness, as well as any changes, additions or deletions, no later than 90 days prior
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to the Election. If the locator data or the address library report certification is not provided
by the dates specified herein, the proposed Political Subdivision may not participate in the
Election.
5. On or before the 701h day before the election at 4:30 p.m., Political Subdivision shall deliver
to Clerk a) a certified copy of the ordinance or resolution enacted or adopted by its
governing board authorizing Political Subdivision to participate in the Election according to
the terms and conditions of this Agreement and identifying the person(s) authorized to
execute this Agreement on its behalf, and b) a counterpart original of this Agreement,
completed and executed by Political Subdivision's authorized representative.
6. For special district elections the designated election official of each district must certify the
county clerk the list of electors eligible to vote under section 32-1-806, C.R.S. If applicable,
Political Subdivision shall notify and provide information to owners of property within
Political Subdivision who are eligible to vote on ballot issues referred by Political Subdivision
that they may apply to Clerk for issuance of a mail ballot specific to Political Subdivision,
pursuant to sections 1-7-104, C.R.S., and 32-1-806(2), C.R.S., as amended. County may
'provide draft of affidavit to DEO for mailing.
7. Political Subdivision shall provide a certified copy to Clerk of all ballot content (candidate
contests, ballot issues and ballot questions) referred by Political Subdivision for the Election:
• Notwithstanding any other provision of this Agreement, Political Subdivision shall not
certify any single ballot issue or ballot question in excess of two hundred words (inclusive
of the title) unless Clerk provides written consent in advance.
• Such certified ballot content shall be delivered to Clerk as an email attachment, or in
such other manner as the parties may agree in writing, at the earliest possible time and
in no event later than sixty days before the Election, or on or before the 60`" day before
the election at 4:30 p.m., pursuant to section 1-5-203(3)(a), C.R.S., as amended.
• All ballot content certified by Political Subdivision shall utilize the exact language and
order as such ballot content is to appear on the printed official and sample ballots for the
Election. Political Subdivision's certified ballot content shall be final upon transmission
to and receipt by Clerk, and Clerk will not be responsible for making any changes after
Political Subdivision's certification of its ballot content.
• The Political Subdivision shall certify its ballot content in conformance with the following
formatting guidelines:
o Software: Microsoft Word '97 or later
o Font Type: Arial
o Font Size: 8 point
o Justification: Left
o All Margins: 0.5 inches
o Language: English
o Ballot title should be submitted in bold and lower case (per Statute, County
Clerk's determine numbering):
§ Definition of Ballot Issue and Ballot Question:
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• "Ballot issue" means a state or local government matter arising
under section 20 of article X of the state constitution, as defined in
sections 1-41-102(4) and 1-41-103(4), respectively.
• "Ballot question" means a state or local government matter
involving a citizen petition or referred measure, other than a ballot
issue.
§ Example of Ballot title (Issue and Question):
• Ballot Issue: Aspen Ambulance District
• Ballot Question: Amendment to City Charter—Term Limits
o Ballot Issues or Questions will provide the following options:
§ Yes/For
§ No/Against
• Audio File Type: Wave Sound, file extension.wav
7.5 The Designated Election Official (DEO) for a county, municipal, school district, or special
district office in an election. coordinated by the county clerk must provide an audio
recording of each candidate's name to the clerk. The DEO must record each candidate's
name exactly as certified and must provide the recording to the clerk no later than the
deadline to certify ballot content. Colorado Secretary of State Election Rule 4.6.2 [BCCR
1505-1]
8. Political Subdivisions shall designate a representative or agent to appear in person at the
Clerk's office to proofread and approve ballot content certified by Political Subdivision as it
appears on ballot artwork before printing within one business day after notification by Clerk
or Clerk's representative. Due to limited printing press availability and time constraints, the
representative or agent designated by Political Subdivision must be available from 8:00 a.m.
to 6:00 p.m. from the 57`h day before the election until 47`h day before the election, or until
Political Subdivision has submitted to Clerk its final approval of such preliminary ballot
artwork, whichever shall first occur. Clerk will accommodate such changes to artwork as
requested by Political Subdivision when such changes are to correct the ballot artwork to
match the certified ballot content provided by the Political Subdivision. Changes to the
certified content are not permissible unless agreed upon by Clerk and Political Subdivision
and will be considered a failure of Political Subdivision to timely perform under this
Agreement.
Political Subdivision hereby designates Lf1v0✓k /�ti1tJIY�(
whose phone number is — — 2
and whose cell number is -
and fax number is CM 20- Sl`?
and email address is b 13 , �A 1M ()q -K-SMICUL4
as its representative or agent responsible for proofreading and finally approving the
preliminary ballot artwork on behalf of the Political Subdivision.
9. If requested by Clerk, Political Subdivision shall designate eligible electors of Pitkin County to
participate in ballot counting, recounts, testing and auditing of voting equipment used in the
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Election, and the canvass, and to serve as election judges and on various boards and panels
convened to oversee the Election. In the event Clerk does not request the Political
Subdivision to designate eligible electors under this section, all election judges, boards and
panels will be comprised of registered electors affiliated with the major political parties and
nominated by the county chairpersons thereof; provided, however, that Clerk reserves the
right to appoint unaffiliated electors or electors affiliated with minor political parties if the
county chairpersons of the major political parties are,unable or fail to nominate a sufficient
number of registered electors affiliated with the major political parties.
10. If a special district, Political Subdivision shall transmit to the Clerk and Recorder in each
county in which Political Subdivision is wholly or partially situated, certified copies of the
findings of fact and conclusions of law, or other judicial decree or order of the court,
exercising jurisdiction in the proceedings to organize and establish such special district,
within thirty days after entry of the decree or order organizing and establishing such special
district, pursuant to section 32-1-306, C.R.S.
11. In the event that Political Subdivision cancels its election or resolves not to participate in the
Election, Political Subdivision shall give notice of such cancelation or resolution to Clerk
immediately. Political Subdivision shall pay Clerk all amounts due hereunder, including
without limitation production and mailing costs, incurred both before and after Clerk's
receipt of such notice. The Political Subdivision shall provide notice by publication of the
cancellation of its election, and a copy of the notice shall be posted in the office of Clerk, in
the office of the Designated Election Official and, if the Political Subdivision is a special
district, in the office of the Division of Local Government. The Political Subdivision shall not
cancel its participation in the Election after the twenty-fifth day prior to the election,
pursuant to section 1-5-208(2), C.R.S., as amended.
B. Contest of Election
1. Political Subdivision shall immediately notify Clerk of any election contest that is initiated
with respect to any ballot content certified by Political Subdivision for the Election, and shall
keep Clerk apprised of the need to retain election records for use in any such election
contest.
C. Election Costs
1. Political Subdivision shall pay to Clerk its pro rata share of the direct costs and expenses
actually incurred and paid by Clerk in order to prepare for and conduct the Election,
including without limitation post-election activities such as the post-election audit, canvass
and certification of official results. Political Subdivision's prorated share of such costs and
expenses, and the proportional shares of other participating entities, shall be based on a) the
total number of active registered electors residing within the Political Subdivision, as
reflected by the voter registration records of Clerk as of the voter registration deadline for
the Election after all such voter registration data has been.processed; and b) the columnar
length in inches, rounded to the nearest quarter inch, of ballot content certified to Clerk by
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the Political Subdivision.
2. In addition, Political Subdivision shall pay to Clerk all direct and indirect costs and expenses
incurred by Clerk to remedy, resolve or reconcile Political Subdivision's failure or omission to
timely perform one or more of its obligations under this Agreement, including without
limitation costs and expenses arising from delays or cancellations caused by the Political
Subdivision, and time devoted by Clerk or members of Clerk's staff to resolve or reconcile
any deficiencies of or other issues relating to Political Subdivision's ballot content or address
library report. For purposes of this subsection, all staff time of Clerk shall be billed at the
applicable employee's actual hourly rate, plus the cost of all employee benefits accrued with
respect to such work, if any.
3. Notwithstanding any provision of this section ILC to the contrary; the minimum charge for
election services resulting from Political Subdivision's participation in the Election is one
thousand dollars ($1,000.00).
4. Political Subdivision represents and warrants that it has sufficient funds available in its
approved budget to pay all amounts required by this section II.C.
5. Political Subdivision shall pay to Clerk all amounts required by this section ILC not later than
thirty days after receipt of Clerk's invoice thereof.
D. Ballot Issue Notice aka "TABOR Notice"
1. Political Subdivision shall be solely responsible for the timely preparation, accuracy and legal
sufficiency of any required TABOR notice content, if applicable. Pursuant to C.R.S. §1-7-904,
Political Subdivision shall submit such TABOR notice content, including pro and con
summaries and requisite fiscal information, to Clerk no later than the 42nd day prior to the
election at 4:30 p.m., in the manner set forth in section II.D.2 of this Agreement, below.
2. The Political Subdivision shall submit to the Clerk's TABOR Notice Contact Officer its TABOR
notice content as an email attachment, or in such other manner as the parties may mutually
agree in writing, in conformance with the following formatting guidelines:
• Software: Microsoft Word '97 or later
• Font Type: Arial
• Font Size: 8 point
• Justification: Left
• All Margins: 0.5 inches
• Language: English
3. Political Subdivision shall designate a representative or agent to proofread and approve
Political Subdivision's TABOR notice content before printing within one business day after
receipt of preliminary TABOR notice artwork from Clerk. Due to limited printing press
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availability and other time constraints, the representative or agent designated by Political
Subdivision must be available from 8:00 a.m. to 8:00 p.m., from the 40th day prior to the
election until the 35th day prior to the election, or until Political Subdivision has submitted to
Clerk its final approval of such preliminary/TABOR` notice artwork, whichever shall first occur.
Political Subdivision hereby designates Ll�Y)C t G y10 L4
(I
whose phone number is "--)-D- u
and whose cell number is
and fax number is aro— y 0— SI 7�)--
and email address is (9L
as its representative or agent responsible for proofreading and finally approving the
preliminary TABOR notice artwork on behalf of the Political Subdivision.
4. Political Subdivision shall incorporate in its TABOR notice content a local office address and
telephone number. Such local office and telephone shall be open during Clerk's regular
business hours (8:30 a.m. — 4:30 p.m., Monday through Friday (excluding legal holidays)).
Clerk shall respond 'to all correspondence and inquiries that Clerk receives within its
expertise relating to election procedures;but shall refer inquiries concerning the substance
of the ballot issues and ballot questions or the operations of the Political Subdivision to,
Political Subdivision's Designated Election Official.
5. Political Subdivision shall be solely responsible for mailing its TABOR notice content to all
owners of property within Political Subdivision who are eligible to vote on a ballot issue
referred by Political Subdivision for the Election, except for electors to whom Clerk mails a
combined TABOR notice pursuant to section I.D.3, above, in accordance with applicable
provisions of the Colorado Constitution, and state statutes, rules and regulations.
6. The Political Subdivision shall pay a prorated amount of the total cost to produce and mail
the complete TABOR notice. Political Subdivision's prorated share of such costs and
expenses, and the proportional shares of other participating entities, shall be based on a) the
total number of active registered electors residing within the Political Subdivision, as
reflected by the voter registration records of Clerk as of the voter registration deadline for
the Election after all such voter registration data has been processed; and b) the columnar
length in inches, rounded to the nearest quarter inch, of TABOR notice content certified to
Clerk by the Political Subdivision.
III. Additional Agreements
1. In the event a court of competent jurisdiction finds the Election for the Political Subdivision was
void or otherwise fatally defective as the sole result of a failure of Clerk to perform in
accordance with this Agreement or laws applicable to the Election, the Political Subdivision shall
be entitled to recover expenses or losses caused by such breach or failure up to the maximum
amount paid by the Political Subdivision to Clerk under this Agreement. In no event shall Clerk
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be liable for any expenses, damages or losses in excess of the amounts paid by Political
Subdivision under this Agreement. This remedy shall be the sole and exclusive remedy for the
breach available to the Political Subdivision under this Agreement.
2. No portion of this Agreement shall be deemed to create a cause of action with respect to
anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or
immunities otherwise possessed or enjoyed by the parties to this Agreement, or their officers,
agents, representatives or employees, except as otherwise expressly stated in this Agreement.
3. Time is of the essence under this Agreement. The statutory time frames or requirements of the
Code, TABOR, and the Rules shall apply to the completion of any duties or tasks required under
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon the date
first above written.
CLERK AND RECORDER OF
PITKIN COUNTY,COLORADO
Janice K. Vos Caudill Date
POLITICAL SUBDIVISION:
Print or tylPe name of Political Subdivision
By: um
n ate
Title:
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EXHIBIT A
POLITICAL SUBDIVISION'S ADDRESS LIBRARY REPORT
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