HomeMy WebLinkAbout20241103.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP-OFF
BOX AND VIDEO SURVEILLANCE RECORDING SYSTEM, AND AUTHORIZE CHAIR
TO SIGN - EATON AREA PARK AND RECREATION DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for a
Mail Ballot Drop -Off Box and Video Surveillance Recording System between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Clerk and Recorder's Office, and the Eaton Area Park and Recreation District, commencing
upon full execution of signatures, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for a Mail Ballot Drop -Off Box and Video
Surveillance Recording System between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office,
and the Eaton Area Park and Recreation District, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
ATTEST: ddtits) jet,4;ve,
Weld County Clerk to the Board
BY:
APP
County • ttorney
Date of signature: 05 /13 /2
% 0.
Ross, Chair
Perry L Bu Pro-Tem
Mike reeman
K. James
Lori Saine
2024-1103
CR0035
cc : CR(cK/RS)
0511-/2W
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into
effective the (g 1 day of _ , 2024, by and between the CLERK AND RECORDER
FOR WELD COUNTY, of the State'df Colorado, whose address is 1250 H St, Greeley, Colorado
(the "Clerk") and the (Location), Eaton Area Park and Recreation District, whose address is 1675
3rd St, Eaton, CO (the "Property Representative") (individually as the "Party" or together
referred to as the "Parties").
WHEREAS, the Clerk conducts election services throughout Weld County; and
WHEREAS, to better serve its citizens, the Clerk desires to install additional mail ballot
drop-off boxes at locations throughout Weld County; and
WHEREAS, pursuant to 8 Colorado Code of Regulations Sec. 1505-1:7.5.1, all mail ballot
drop-off locations must be monitored by an election official or video security surveillance
recording system; and
WHEREAS, the Clerk and property representative have met and discussed locating a mail
ballot drop-off box along with a video surveillance recording system at the location and mutually
agreed that the County will install a mail ballot drop-off box and video security surveillance
recording system at the (Location) (the "Premises"); and
WHEREAS, the County will provide, install and maintain the mail ballot drop-off box and
video security surveillance recording system; and
WHEREAS, intergovernmental agreements are authorized and encouraged by Article XIV,
Section 18 of the Colorado Constitution and Coto. REV. STAT. § 29-1-203 (2004).
NOW, THEREFORE, the Parties hereto agree as follows:
1. Site Location. The property representative hereby grants to the County to install
and maintain a mail ballot drop-off box and video security surveillance recording system (the
"License").
2. Term and Termination. The term of this Agreement continues until such time when
the Clerk or the property representative notifies the other in writing of their wish to dissolve this
agreement. Upon termination, the County shall remove the Ballot Box and restore the Premises to
the condition as near to original condition prior to installation. This agreement may not be
terminated within 60 days of any election.
3. Description of Improvements. The County will install a mail ballot drop-off box,
similar to the one pictured in Exhibit A, at a location identified in Exhibit A and a video security
surveillance recording system (the "Improvements"). The video security surveillance recording
system will include a video camera and a recording system and allow for continuous recording
during use of the mail ballot drop-off box.
4. Funding of Improvements. The County will fund the entire costs for obtaining,
installing and maintaining the mail ballot drop-off box and video security surveillance recording
system.
5. Use of Premises.
A. Mail Ballot Drop -Off Box. The County is authorized to install a mail ballot
drop-off box at the Premises after the execution of this Agreement.
B. Video Security Surveillance Recording System. The County will install a video
security surveillance recording system that includes a camera and a recording
system. The video security surveillance recording system shall remain in place,
functional and connected to a video recording system pursuant to Colorado
Revised Statute C.R.S. §§ 1-7-513.5(2)'. The County will be responsible for
obtaining and retaining the video data.
6. Maintenance.
A. At all times pertinent to this Agreement, the property representative shall
maintain the Premises in good repair including the sidewalk, street, curb,
and any existing improvements.
B. During all times at which the mail ballot drop-off box and video security
surveillance recording systems are installed and in use at the Premises, the
County shall maintain such equipment in good repair.
7. Access. The County, its agents and contractors shall have the right of ingress and
egress in, to, through, over, and across the Premises for any purpose necessary and at any and all
times necessary or convenient to both Parties for the full enjoyment of the rights granted to it in
the License granted in this Agreement.
A. As outlined in Exhibit A, the Clerk shall ensure that all ballots are picked up
according to Colorado Statute and Rule
1 1-7-513.5(2) Except as otherwise provided in subsection (5) of this section,
no later than June 30,2023, the designated election official shall keep all
components of a voting system under video security surveillance recording.
The designated election official shall ensure that video captured beginning
sixty days before through thirty days after an election in which the voting
system is used is maintained as an election record for twenty-five months
following the election. The designated election official shall ensure that
video captured outside this period is maintained for twenty-five months
following the date the video was captured.
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a. For the period between when ballots are mailed for an election and
Voting Service and Polling Centers open, the cleric will pick up ballots
once every 72 hours (SOS Rule 7.4.52)
b. For the period between when Voting Service and Polling Centers open
and election day, the clerk will pick up ballots once every 24 Hours.
(SOS Rule 7.4.53)
c. For Election day the Clerk will pick up ballots at least twice during this
day. (SOS Rule 7.4.5)
B. As outline in Exhibit A, the Clerk will pick up copies of the recorded video
material once per week at the designated time identified in Exhibit A.
C. The property representative shall identify an individual for the Clerk to contact
should the clerk need to obtain copies of the recorded video outside of regularly
scheduled times.
8. Damage to Premises. The County shall be responsible for repair/replacement of
property damaged by the County pursuant to this Agreement. The Clerk will be responsible for
any damages to persons or property caused by the negligence of the Clerk, the Clerk's
employees, agents, representatives, or other persons acting under the direction or control of the
Clerk while at the Location. Notwithstanding any provision to the contrary, nothing in this
Agreement will be construed in any way to be a waiver by Weld County of the protection that is
granted to the County and its employees under the Colorado Governmental Immunity Act,
C.R.S. 24-10-101, et. seq.
9. Electioneering: No electioneering, including posting signs or communicating
with voters related to an issue or candidate in the election, is permitted within 100 feet of the
Ballot Box when in operation. The property representative agrees that the Clerk and Clerk's staff
may take steps they deem reasonably necessary to stop or prevent such electioneering. The
property representative will refrain from erecting or permitting any sign, display, or other
demonstration that may, in the judgment of the Clerk, have the effect of influencing or
intimidating voters during Ballot Box operating hours. The Clerk and the Clerk's staff may take
the steps they deem reasonably necessary to obscure or remove any such sign, display or other
demonstration.
10. Notices. Any notices to be provided under this Agreement shall be given in writing
and either delivered by hand or deposited in the United States mail with sufficient postage to the
addresses set forth below:
2 7.4.5 The county clerk must arrange for the collection of ballots by
bipartisan teams of election judges from all drop-off locations and receive
them into SCORE: (a) At least once every 72 hours after ballots are mailed
until the date that voter service and polling centers must open; (b) At least
once every 24 hours during the days that voter service and polling centers
must be open; and (c) At least twice on election day, at approximately 1:00
p.m. and 7:00 p.m. (d) The county clerk may meet the requirements of this
Rule by: (1) Collecting and transporting the ballots to the central counting
location for receipt into SCORE; (2) Collecting and transporting the ballots
to the nearest voter service and polling center for receipt into SCORE; or
(3) Receiving the ballots into SCORE at the ballot drop-off location.
3
To the County:
To the EAPRD:
Weld County
Elections Department 1250 H St
Greeley, CO 80631
Eaton Area Park and
Recreation District
1675 3rd St.
Eaton, CO 80615
11. Assignment. The Parties shall have the right and authority to assign to any
appropriate local governmental entity any and all rights to use and all obligations associated with
the License pursuant to written notice to the other Party.
12. Counterparts. This Agreement shall be executed in two duplicate counterparts,
each of which is deemed to be an original.
13. Governing Law. The terms, covenants and provisions hereof shall be governed by
and construed under the applicable laws of the State of Colorado. For the resolution of any dispute
arising hereunder, venue shall be in the courts of Weld County, State of Colorado.
14. Headings. All section headings are for convenience or reference only and are not
intended to define or limit the scope of any provision of this Agreement.
15. Extent of Agreement. This Agreement represents the entire and integrated
agreement between the County and the property representative and supersedes all prior
negotiations, representations, or agreements, either written or verbal. Any amendments to this
Agreement must be in writing and be signed by both parties.
16. Interruptions. Neither party to this Agreement shall be liable to the other for
delays in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control, including but not
limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 6th day of
,May _ 2024.
ELECTION DIVISION:
By �'C�•.
Printed Name: Carly Koppes
Title: Weld County Clerk and Recorder
FACILITY PROVIDER;
By:
Printee:Dean Campos
Title: Executive Director
By: 7c----- —
Printed Name: Kevin D. Ross MAY 0 6 2024
Title: Chairman — Board of Weld County Commissioners
ATTEST: d'""."'"„ - " ;"'
Clerk to the Board
OcIA
Deputy Clerk to the Board
,200z 3 6)
Exhibit A
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Example of 24 flour Box Likeness:
Lar:e Size Box —
36" WIDE .BALLOT BOX WITH 21,300 CL STORAGE
rtESTLMi.T D TO HOLD 2.,500 311E BALLOTS) _
Stood,oS Dimensi000: 30" L.:i 31' Ii x 36" LT 550 LE5.
7
Contact at the (Location):
Name — Dean Campos
Address —1675 3rd St. Eaton, CO 80615
Telephone — 970-893-1199
Cellular Telephone — 970-413-0171
E -Mail — deancampos@eaprd.com
Schedule for pick-up of Recorded Video:
To be Determined
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INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP-OFF BOX AND VIDEO
SURVEILLANCE RECORDING SYSTEM - TOWN OF EATON AREA PARK AND
RECREATION DISTRICT
APPROVED AS TO SUBSTANCE:
Department He , or LI cted Official
APPROVED AS TO FUNDING:
Chief Financial Officer, or Controller
APPROVED AS TO FORM:
County Attorney
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