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Home My WebLink About20194485.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE 2019 CITY OF BRIGHTON RECALL ELECTION AND AUTHORIZE CHAIR TO SIGN - ADAMS COUNTY CLERK AND RECORDER 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 the 2019 City of Brighton Recall Election 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 Adams County Clerk and Recorder, 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 the 2019 City of Brighton Recall Election 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 Adams County Clerk and Recorder, 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 14th day of October, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COO DO ATTEST: j.G ) arbara Kirkmeyer, C air Weld County Clerk to the Board 7.0.47.44,q Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board /v. W Sean ' . Conway AP' '• D AS co K. James ounty Attorney tom. 1 XCUSED �`I Steve Moreno Date of signature: 1O/A cc.t CR CC K/RS) 2019-4485 (010 / 19 CR0031 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW RE: Adams County IGA DEPARTMENT: C&R-Elections DATE: October 8.2019 1 PERSON REQUESTING: Carly Koppes Brief description of the problem/issue: Weld County needs to enter into an IGA with Adams County because of the Recall question on the November ballot for Brighton Mayor. Under the Recall statutes, we have to have a Voter Service and Polling Center (VSPC) in the City and the SOS has agreed that we can share a VSPC with Adams County to meet the requirement. This IGA is similar to the one we use with Erie when we assist with the town election. We will pay for one election judge at the Adams County VSPC and supply them with all the Weld County materials that are required. We have already worked with the County Attorney and they have reviewed and approved of the IGA format. If you have any questions please reach out to me directly,thank you. What options exist for the Board? (Include consequences, impacts, costs,etc. of options) Sign the IGA so Weld County can meet the requirements in the law. Recommendation: Sign IGA Approve Schedule Recommendation Work Session Other/Comments: Sean P.Conway 1 Scott James Mike Freeman,Pro-Tem V\f, Barbara Kirkmeyer,Chair Steve Moreno 2019-4485 10/ CR©031 INTERGOVERNMENTAL AGREEMENT BETWEEN ADAMS AND WELD COUNTIES FOR THE 2019 CITY OF BRIGHTON RECALL ELECTION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 14th day of October, 2019, by and between the Adams County Clerk and Recorder, located at 4430 S. Adams County Parkway, Suite E3102, Brighton, Colorado 80601, hereinafter referred to as the "Adams," and the Weld County Clerk and Recorder , located at 1400 N. 17th Ave., Greeley, Colorado 80631,hereinafter referred to as"Weld"for the purpose of conducting the City of Brighton Recall election as part of the Coordinated Election to be held on November 5, 2019. Adams and Weld may be collectively referred to herein as the "Parties." RECITALS WHEREAS, pursuant to Colo. Const. art. XIV, § 18(2)(a), and § 29-1-203, C.R.S., as amended, the Parties may cooperate or contract with each other to provide any function or service lawfully authorized to each, and any such contract may provide for the sharing of costs, the imposition of taxes, and incurring of debt; and, WHEREAS, the Parties have determined that it is in the best interests of their respective residents to cooperate and contract concerning the election upon the terms and conditions contained herein. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is acknowledged, the Parties hereto agree as follows: AGREEMENT ARTICLE I: DUTIES OF ADAMS AND WELD 1. COORDINATED ELECTION OFFICIAL. Both Parties shall act as the "Coordinated election official,"pursuant to § 1-1-104(6.5), C.R.S., as amended, and shall be responsible for the conduct of the election, which shall be in accordance with the provisions of the Uniform Election Code of 1992, herein referred to as the "Code", and any pertinent Rules promulgated by the Colorado Secretary of State, hereinafter referred to as the"Rules." 2. NO RUN-OFF ELECTION. This Agreement is for the November 5, 2019 election only. In the event the City of Brighton's Code and/or Charter provide for a run-off election, and a run-off election becomes necessary, the Parties will not conduct that election. 3. CONTACT OFFICERS. The Adams Election Administrator, Jami Gaultney, will be the designated contact officer for Adams. Jami Gaultney can be reached at(720) 523- 6421 orjaultney@adcogov.org. The Weld County Election Manager,Adam Gonzales,will be the designated contact officer for Weld. Adam Gonzales can be reached at 4. VOTING MATERIALS. Weld will provide to Adams election materials including ballots, ICX with ADA capabilities, seal logs, and other items necessary to issue Weld County ballots containing the Brighton Mayoral Recall measure. 5. VOTING. Adams County will operate a voter service and polling center at its Election office located at 4430 S. Adams County Pkwy, Brighton, CO, to issue ballots to eligible voters from both counties. The joint voter service and polling center will operate from October 14,2019 through November 5,2019 during required hours offering all services required by law including in person voting, mail ballot replacement, emergency, and provisional voting, pursuant to the relevant provisions of the Code and/or the Rules. 6. BALLOT SECURITY AND TRANSFER. Adams will secure voted and unvoted ballots for Weld in a manner consistent with the provision of the Code and/or the Rules. Weld will retrieve the secured ballots and any remaining election material no later than November 6, 2019. All transfers of ballots and materials will be logged and sealed in accordance with the Code and/or Rules. 7. CERTIFICATION OF RESULTS.Both Parties shall appoint a canvass board, pursuant to § 1-10-101 or § 1-10-201, et seq., C.R.S., as amended. 8. LEGAL NOTICES. Both Parties shall publish notices of the election, as required by the Code, and such publication shall satisfy the publication requirement for all political subdivisions participating in the election, pursuant to § 1-5- 205(1.4), C.R.S., as amended. ARTICLE II: COSTS The Parties will equally share in the cost of providing election judges for the joint voter service and polling center. Each Party shall be responsible for their respective costs for ballots and other election material. Adams will not charge Weld a facility use fee for the joint voter service and polling center. ARTICLE III: DAMAGES Subject to the provisions of the Colorado Governmental Immunity Act, each party assumes liability for losses, costs, demands or actions arising out of or related to any actions, errors or omissions of its officers, employees, or agents in fulfilling its responsibilities for the election or under this Agreement. Nothing contained in this Agreement shall constitute any waiver by either party of the provisions of the Colorado Governmental Immunity Act or any other immunity or defense provided by statute or common law. ARTICLE IV: MISCELLANEOUS 1. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile,email or other electronically delivered signatures 2 of the parties shall be deemed to constitute original signatures. 2 NOTICES. Any and all notices required to be given to the Parties by this Agreement are deemed to have been received and to be effective: a) three (3) days after the same shall have been mailed by certified mail, return receipt requested; b) immediately upon hand delivery; or c) immediately upon receipt of confirmation that a facsimile transmission thereof was received. All notices shall be addressed to the following Parties: For the Adams County Clerk and Recorder: Josh Zygielbaum Adams County Clerk and Recorder 4430 S. Adams County Parkway Suite E3102 Brighton, Colorado 80601 Phone: (720) 523-6500 Facsimile: (720) 523-6266 E-mail: izygielbaum@adcogov.org Jennifer D. Stanley, Assistant County Attorney Adams County Attorney's Office 4430 S. Adams County Parkway, Suite C5000B Brighton, Colorado 80601 Phone: (720) 523-6116 Facsimile: (720) 523-6114 E-mail:jstanley@adcogov.org For the Weld County Clerk and Recorder: Carly Koppes Weld County Clerk and Recorder 1400 N 17th Ave Greeley, CO 80631 Phone: (970) 304-6525 Facsimile: (970) 304-6566 Email: elections@weldgov.com 3. INTEGRATION OF UNDERSTANDING. This Agreement contains the entire understanding of the Parties hereto and neither it,nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by all of the Parties. 4. SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or invalid for any reason,the remainder of this Agreement shall remain in effect. No subsequent resolution or ordinance enacted by the County or the Municipality shall impair the rights of the County, the Clerk and Recorder, or the Municipality hereunder without the written consent of all of the Parties. 3 5. TIME OF ESSENCE. Time is of the essence under this Agreement. The statutory time frames or requirements of the Code, TABOR, and the Rules shall apply to the completion of any duties or tasks required under this Agreement N WITNESS WHEREOF, the Parties have signed this Agreement to be effective as of the date first written above. CLERK AND RECORDER ADAMS COUNTY, COLORADO /O 15/1 - Zygielbau Date Approved as to form: Ada0s(County Attorney's Offi WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY O WELD COUNTY ) Ca$Koppes, ?' arbara Kirkmey r, Chair � DTI42019 APPROVED AS TO FORM: ATTEST: 1 'eik f\4; 1- / ,1 erk to the Board of Co ty Commissioners 114 PS County Attorney `r. eM,SINV ;eti 417:74-;uty Clerk t.,the soar.f APPROVED AS TO FUNDING: ,•` I ti isa 654.46262b4 .. Controller POSTMARKED RECEIVED OCT 1 8 '19 OCT 2 1 '19 c20/9. 447/ Hello