Resolution 2007-41 - Laserfiche WebLink

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withdrawal of ballot issues or questions in the office of the County Clerk and the Election Officer shall post notice of the cancellation at all buildings of the City. The City shall not cancel the Election after the 25th day prior to the Election (October 12, 2006). 3.6 Notices. Any and all notices required to be given by this IGA are deemed to have been received and to be effective: (1) three days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a fax was received to the fax numbers of the parties as set forth below or to such party or addresses as may hereafter be designated in writing. To County Clerk: Scott Thomas,[title] To City: Nancy, Varra, Elections Officer 1750 33rd St., Suite 200 Boulder, CO 80301-2546 303-413-7745 Fax:303-413-7750 e-mail: sthomas(a~co.boulder.co.us 749 Main St. Louisville, CO 80027 303-335-4571 Fax: 303-335-4550 e-mail: varran@ci.louisville.co.us 3.7 Amendment. This IGA may be amended only in writing, and following the same formality as the execution of the initial IGA. 3.8 Integration. The parties acknowledge that this IGA constitutes the sole agreement between them relating to the subject matter hereof and that no party is relying upon any oral representation made by another part or employee, agent or officer of that party. 3.9 Actual Costs Defined. "Actual Cost" includes but is not limited to the costs of labor, printing, postage, and materials itemized, identified, and consumed for the conduct of the City's Election. 3.10 Damages for Negligence or Error. In the event that a court of competent jurisdiction finds that the Election for the City was void or otherwise fatally flawed due to a cause arising from the negligence of the County Clerk, then the County Clerk shall, refund or pay all amounts paid to the County Clerk, vendors or contractors designated by the County Clerk, together with reasonable court costs, and other itemized costs for the Election paid by the City, and shall, at the next available November election date, coordinate the election for the City at no cost to the City. In the event that a court of competent jurisdiction finds that the Election for the City was void or otherwise fatally flawed due to a cause arising from the negligence or error of the City, the City shall pay the County Clerk its reasonable court costs, and any additional and reasonable costs incurred by the County Clerk as a result of or relating to the error or negligence by the City, or arising from litigation relating to the Election 3.11 Con. flicts of this IGA with the Law, Impairment. In the event that any provision in this IGA conflicts with the Colorado Elections Law or federal law, this IGA shall be modified to conform to such law or resolution.