HomeMy WebLinkAbout20222876.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP-OFF
BOX AND VIDEO SURVEILLANCE RECORDING SYSTEM, AND AUTHORIZE CHAIR
TO SIGN - TOWN OF PLATTEVILLE
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 Platteville, 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 Platteville, 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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2022-2876
CR0033
INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP-OFF BOX AND VIDEO
SURVEILLANCE RECORDING SYSTEM — TOWN OF PLATTEVILLE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELQ COUNTY, COLORADO
ATTEST: deittA)r.. o:4
Slott K. James, Chair
Weld County Clerk to the Board
County A : rney
Date of signature: 10/2,7/2,2-
ilsl__. J,Ci„,.._ _
Mite -Freeman, Pro-Tem
2022-2876
CR0033
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into
effective the' l 1+hday of0 ,-2022, 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, who. address is 1250 H St, Greeley, Colorado (the "Clerk") and the Board of Trustees
of the Town of Platteville whose address is 400 Grand Ave, Platteville, CO (the "Platteville")
(each individually as the "Party" or together referred to as the "Parties").
WHEREAS, the Clerk conducts election services throughout Weld County, and
WHEREAS, the Clerk desires to utilize Platteville's mail ballot drop-off box located at its
Town Hall, 400 Grand Ave, Platteville, CO ("the Premises"), 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:
I. Use of the Mail Ballot Drop-off Box and Video Security Surveillance System.
Platteville hereby grants to the Clerk to use the mail ballot drop-off box and video security
surveillance recording system.
2. 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 Platteville notifies the other in writing
of their wish to terminate this agreement. This agreement may not be terminated within 60 days
before any election.
3. 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.
4. 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.
2022-28761)
C-; - 5 2022
C12 -t0 33
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
20.9.2'. The Clerk will be responsible for obtaining and retaining the video
data.
6. Maintenance.
A. At all times pertinent to this Agreement, Platteville 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, Platteville 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 frill 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)
2.0.8.2 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.
7.5.4 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.
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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. Platteville 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.
D. For the term of this Agreement, the Clerk shall have exclusive access to the
mail ballot drop-off box. All drop-off box keys shall be deposited with the Clerk.
during the term of this Agreement. Keys will be returned at the conclusion of
the specific election.
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:
To the Clerk: Weld County
Elections Department
1250 H St
Greeley, CO 80631
To the
Attn:
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11. Assignment. The Parties shall have the right and authority to assign to arty
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 bean original.
13. Governing Law. The terms, covenants and provisions hereof shall he 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.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 11 day of
, 2022.
ELECTION DIVISION:
FACILITY PROVIDEli:
3 rs
By: By:
Printed Name: Car y Koppes Printed Name:
Title: Weld County Clerk and Recorder Title: AA
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , CQLORADO
By:
Printed Name: Scott James -OCT 1 7 2022
Title: Chaff Board o ' eld C styCommissioners
ATTEST! Chain
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INTERGOVERNMENTAL AGREEMENT FOR MAIL BALLOT DROP-OFF BOX AND
VIDEO SURVEILLANCE RECORDING SYSTEM - TOWN OF PLATTEVILLE
APPROVED AS TO SUBSTANCE:
Elected Official, D rtment He o Deputy Department Head
APPROVED AS TO FUNDING:
Chief Financial Officer
eliA4 eloatht.
APPROVED AS TO FORM:
County Attorney
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