HomeMy WebLinkAbout20232410.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP-OFF
BOX AND VIDEO SURVEILLANCE RECORDING SYSTEM, AND AUTHORIZE CHAIR
TO SIGN - TOWN OF SEVERANCE
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 Town of Severance, 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 Town of Severance, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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2023-2410
CR0034
INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP-OFF BOX AND VIDEO
SURVEILLANCE RECORDING SYSTEM - TOWN OF SEVERANCE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mi man, Chair
Weld County Clerk to the Board
BY. %Y1 1,01,O
Deputy Clerk to the Board
Sco
APP; e D AS
County Attorney
Date of signature: ZZ
Saine
2023-2410
CR0034
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Intergovernmental Agreement — AIMS (Fort Lupton) and Town of Severance Ballot
Drop -Boxes.
DEPARTMENT: Elections - 11200 DATE: 8-14-2023
PERSON REQUESTING: Carly Koppes — Weld County Clerk and Recorder
Brief description of the problem/issue: Please sign/approve the Mail Ballot Drop -Box IGA's between Aims
Community College and the Town of Severance. This will allow citizens of from the Town of Severance to
deposit their mail ballot envelopes without traveling to another location. The ballot box in Fort Lupton is
moving to Aims Community College because of an anticipation of legislative changes to college campuses and
voting.
What options exist for the Board? Sign or do not sign.
Consequences: Longer distance for voters to travel to deposit their ballots.
Impacts: Minimal time for facilities to install the box and camera equipment.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Minimal cost to do upkeep on
DVR system and to do yearly maintenance on each ballot box.
Recommendation: Please sign the IGAs.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Vik acv L
2023-24106)
Cg-a01-
Karla Ford
From:
Sent:
To:
Subject:
Approve — thanks!
Scott James
Monday, August 14, 2023 12:18 PM
Karla Ford
RE: Please Reply - Two (2) Intergovernmental Agreements for Mail Ballot Drop -Box and
Video Surveillance Recording System
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity
to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Karla Ford <kford@weld.gov>
Sent: Monday, August 14, 2023 12:10:13 PM
To: Lori Seine <Isaine@weld.gov>; Scott James <sjames@weld.gov>
Subject: Please Reply - Two (2) Intergovernmental Agreements for Mail Ballot Drop -Box and Video Surveillance
Recording System
Please advise if you support the recommendation to place on the agenda.
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kfordlweldgov,com :: www.weldaov.com :.
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
1
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 0 Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine@idreidgov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Monday, August 14, 2023 1:58 PM
Karla Ford
RE: Please Reply - Two (2) Intergovernmental Agreements for Mail Ballot Drop -Box and
Video Surveillance Recording System
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weld.gov>
Sent: Monday, August 14, 2023 12:10 PM
To: Lori Saine <Isaine@weld.gov>; Scott James <sjames@weld.gov>
Subject: Please Reply - Two (2) Intergovernmental Agreements for Mail Ballot Drop -Box and Video Surveillance
Recording System
Importance: High
Please advise if you support the recommendation to place on the agenda.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into
effective the 13th day of July, 2023, by and between the Board of County Commissioners of
Weld County on behalf of the Weld County Clerk and Recorder for Weld County, of the
State of Colorado, whose address is 1250 H St, Greeley, Colorado (the "Clerk") and the Board
of Trustees of the Town of Severance whose address is 3 Timber Ridge Pkwy,
Severance, CO (the "Severance") (each 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 using the
mail ballot drop-off box along with a video surveillance recording system at the location, and
WHEREAS, intergovernmental agreements are authorized and encouraged by Article XIV,
Section 18 of the Colorado Constitution and COLO. 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.
2. Use of the Video Security Surveillance System. Severance hereby grants the Clerk
to use the video security surveillance recording system.
3. Term and Termination. The term of this Agreement shall be from its time of
signature hereunder to and until such time when the Clerk or Severance notifies the other in writing
of their wish to terminate this agreement. This agreement may not be terminated within 60 days
before any election.
4. Description of 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. 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.
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JUL 13 2023
5. Use of Premises.
A. Mail Ballot Drop -Off Box. The Clerk shall have exclusive access and use of the
drop box and video surveillance recording system during the full term of this
Agreement.
B. Video Security Surveillance Recording System. The Clerk will use the 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 SOS Rule
20.4.2'. The Clerk will be responsible for obtaining and retaining the video
data.
6. Maintenance.
A. At all times pertinent to this Agreement, Severance 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 in use at the Premises, Severance shall
maintain such equipment in good repair.
7. Access. The Clerk, 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
this Agreement
A. The Clerk shall ensure that all ballots are picked up according to Colorado
Statute and Rule.
a. For the period between when ballots are mailed for an election and
Voting Service and Polling Centers open, the Clerk will pick up ballots
once every 72 hours (SOS Rule 7.4.52)
20.4.2 Unless otherwise instructed, the county must make video security
surveillance recordings of the areas specified in Rule 20.8.2 beginning at
least 60 days before election day and continuing through at least 30 days
after election day. If a recount or contest occurs, the recording must
continue through the conclusion of all related activity. The recording system
must ensure that records are not written over when the system is full. The
recording system must provide a method to transfer the video records to a
different recording device or to replace the recording media. If replaceable
media is used then the county must provide a process that ensures that the
media is replaced often enough to prevent periods when recording is not
available.
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
2
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. The Clerk will pick up copies of the recorded video material once per week at
a time agreed upon by the Parties.
C. Severance 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 Clerk shall be responsible for repair/replacement of
property damaged by the Clerk 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 Premises. Notwithstanding any provision to the contrary, nothing in this Agreement will be
construed in any way to be a waiver by the Clerk of the protection that is granted to the Clerk
and her 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
Mail Ballot Drop-off 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 Drop-off 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:
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 Clerk:
Weld County
Elections Department 1250 H St
Greeley, CO 80631
To the Town Manager: Town of Severance
Attn: Town Manager
3 S Timber Ridge Parkway
Severance, CO 80550
II. 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.]
4
IN W TNESS HEREOF, the parties hereto have signed this Agreement this ,0 day
of , 2023.
ELECTION DIVISION:
By:
FACILITY PROVIDER:
By:
Printed Name: Carly I pes Printed. Name: icho s 3. Wharton, ICMA-CM
Title: Weld County Clerk and Recorder Title: Town Manager
By:
Printed Name: Mike Freeman AUG 1 6 2023
Title: Chairman — Board of Weld County Commissioners
ATTEST:
Weld u ty Clerk to the Board
rk t `;Bo
BY:
5
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Exhibit A
6
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Example of 24 -hour Box Likeness:
Lax Size Box —
E BALLOT BOA PITH 2.1,300 CL STORAGE
ED7OHOLD � t -3 O LLOTS)
7
Contact at the (Location):
Name— L
Address — 3 S .
Telephone— q- bp, •(o{
Cellular Telephone — 7 (} 30 yc7 1
E -Mail — 1, Va. naa 4 44.6,0 a°t 4tal a
Schedule for pick-up of Recorded Video:
To be Determined
8
INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP -BOX AND VIDEO
SURVEILLANCE RECORDING SYSTEM - TOWN OF SEVERANCE
APPROVED AS TO SUBSTANCE:
carCy koppeY
Elected Official, or Department Head
APPROVED AS TO FUNDING:
ftlitaios
Chief Financial fficer, or Controller
APPROVED AS TO FORM:
County Attorney
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