HomeMy WebLinkAbout20180449.tiffRESOLUTION
RE: APPROVE ELEVEN (11) INTERGOVERNMENTAL AGREEMENTS FOR 24 -HOUR
BALLOT DROP-OFF BOXES AND AUTHORIZE CHAIR TO SIGN - VARIOUS
ENTITIES
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 eleven (11) Intergovernmental
Agreements for 24 -Hour Ballot Drop -Off Boxes 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 Fort Lupton, commencing February 12, 2018, with further
terms and conditions being as stated in said agreements as listed:
1. City of Evans
2. Erie Community Center
3. Hudson Library
4. Town of Grover
5. Weld County School District RE -10J
6. Town of Milliken
7. Town of Nunn
8. Carbon Valley Recreation Center
9. Town of New Raymer
10. Fort Lupton Recreation Center
11. Windsor Recreation Center
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the eleven (11) Intergovernmental Agreements for 24 -Hour Ballot Drop -
Off Boxes 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 Various
Entities, be and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
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2018-0446 thru 2018-0456
CR0030
RE: ELEVEN (11) INTERGOVERNMENTAL AGREEMENTS FOR 24 -HOUR DROP-OFF
BALLOT BOXES - VARIOUS ENTITIES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadfdev W ;e,
Weld County Clerk to the Board
BY:
AP
Deputy Clerk to
ount ` ttorney
Date of signature: 03-7-18
Mike Freeman
Stevg Moreno, Chair
arbara Kirkmeyer, yeP o-Tem
P.
Conway
Sean
EXCUSED
Julie A. Cozad
2018-0446 thru 2018-0456
CR0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Intergovernmental Agreement for 24 -hour Drop boxes
DEPARTMENT: Clerk and Recorder - Elections DATE: 02-08-2018
PERSON REQUESTING: Carly Koppes
Brief description of the problem/issue:
During the 2018 Budget request, the Election department requested the purchase and install of 24 -hour boxes in
Weld County. The Election Department has 10 number of IGA's that have been approved so far.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Approve the IGA's so the budget approved project can move forward in the timeline needed for the deadline of
May 1st completion.
Recommendation:
Approve the IGA.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Approve
Recommendation
Schedule
Work Session
Other/Comments:
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into
effective the 0 '/ day of -3-a q 2018, by and between the CLERK AND RECORDER FOR WELD
COUNTY, of the State of Colorado, whose address is 1400 N 17`" Ave, Greeley, Colorado (the
"Clerk") and the (Location), Town of Grover, whose address is 319 Chatoga Street, Grover, 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 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 and video security surveillance recording system (the
"License").
2. Term and Termination. The term of this Agreement continue 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
2018-0449 C I )
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 SOS Rule
20.7.2'. 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
1 20.7.2 Unless otherwise instructed, the county must make video security
surveillance recordings of the areas specified in Rule 20.7.3 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.
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A. As outlined in Exhibit 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 7.5.42)
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 7.5.43)
c. For Election day the Clerk will pick up ballots at least twice during this
day. (SOS Rule 7.5.4)
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.
2 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.
3
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 County:
To the
Weld County
Elections Department
1400 N 17th Ave
Greeley, CO 80631
Attn:
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
3bj) ,2018.
ELECTION DIVISION:
By:
Printed Name: Carly Koppes
Title: Weld County Clerk and Recorder
By:
FACILITY PROVIDER:
By:
Printed Name: i c& s )( �4 ‘3G.J
Title: /}� p- y� O lam.) /U G -eo O PfZ
_3 /
day of
Printed Name: % ,e___ M. 0 {eir‘,O FEB 12 2018
Title: Chairman — Board of Weld County Commissioners
5
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RE: INTERGOVERNMETNAL AGREEMENT FOR 24 -HOUR BALLOT DROP-OFF BOXES -
TOWN OF GROVER
APPROVED AS TO SUBSTANCE:
AP VED AST FUG:
hr Depart e t Head
Controller
AP OVED TOM
,FOOR:
/v
County Attorney
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