Resolution 2001-29 - Laserfiche WebLink

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the Code. Store all Election materials not stored by the County Clerk for that time required by (K) Pay actual costs the County Clerk's services, supplies and mileage to the County Clerk upon receipt of the itemized statement. 3.4 Cancellation of Election by the City. In the event that the City, at some time after activation of this Contract p~zrsuant to paragraph 3.1 (B) hereof, resolves not to hold the election, then notice of such resolution shall be provided to the County Clerk immediately. The City 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. The City shall publish notice, as defined in the Code, of such cancellation or withdraw of ballot or questions in at least two nexvspapers of general circulation in Boulder County. The County Clerk shall post notice of the cancellation or 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. 3.5 Notices. Any and all notices required to be ~ven by this Contract 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 conlirmation that a fax was received to the address of the parties as set forth below or to such party or addresses as may hereafter be designated in writing. To County Clerk: To City of Louisville: Boulder County Clerk & Recorder Attention: Nancy Wurl 1750 33rd St., Suite 200 Boulder, CO 80301-2546 Fax: (303) 413-7750 Nancy Varra, City Clerk 749 Main Street Louisville, CO 80027 Fax: (303) 673-9043 3.6 Amendtnent. This Contract may be amended only in writing, and following the same formality as the execution of the initial Contract. 3.7 Integration. The parties acknowledge that this Contract 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. 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. 3.9 Damages for Negligence or Error. In the event that a court of competent jurisdiction finds that the Election for the jurisdiction xvas void or otherwise fatally flawed due to a cause arising from the negligence or other error of the County Clerk, then the County Clerk shall, as liquidated