HomeMy WebLinkAbout2022 Ordinance No. 056
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BY AUTHORITY
ORDINANCE NO. 56 COUNCIL BILL NO. 60
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
ARAPAHOE COUNTY BOARD OF COMMISSIONERS
REGARDING PLACEMENT OF A VOTER SERVICE AND
POLLING CENTER AND BALLOT BOX
WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of
Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes
intergovernmental agreements; and
WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to
cooperate and contract with one another to provide any function, service, or facility
lawfully authorized to each; and
WHEREAS, in order to provide easy access for Englewood voters to voter
services, including a voter service and polling center and a ballot box to return ballots, the
City of Englewood desires to enter into an Intergovernmental Agreement for placement of
these services and facilities at Englewood Civic Center.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the City of Englewood to enter into the INTERGOVERNMENTAL AGREEMENT WITH
CITY OF ENGLEWOOD FOR VSPC USE AND BALLOT DROP BOX with the
Arapahoe County Board of commissioners, which shall be in substantially the same form as
that attached hereto and marked as “Exhibit A”.
Section 2. General Provisions Applicable to this Ordinance. The
following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
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B. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
C. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained. This Safety Clause is not intended to affect a Citizen right to challenge this
Ordinance through referendum pursuant to City of Englewood Charter 47.
D. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to
attest to such execution by the Mayor where necessary. In the absence of the Mayor, the
Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval
by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as may be necessary to
implement the provisions of this Ordinance.
Introduced, read in full, and passed on first reading on the 3rd day of October,
2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 6th day of October, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 5th day of October, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 17th day of October, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 56, Series of
2022, on the 20th day of October, 2022.
Published by title on the City’s official website beginning on the 19th day of
October, 2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
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Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 56, Series of 2022.
Stephanie Carlile
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INTERGOVERNMENTAL AGREEMENT WITH CITY OF ENGLEWOOD
FOR VSPC USE AND BALLOT DROP BOX
THIS AGREEMENT is made this _______ day of __________, 2022, by and among the
BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO (the
“County), for the use and benefit of the ELECTIONS DIVISION OF THE CLERK AND
RECORDER’S OFFICE, and CITY OF ENGLEWOOD (the “Jurisdiction”). Collectively the County
and the Jurisdiction are referred to as the “Parties.”
WHEREAS, pursuant to the Colorado Uniform Election Code of 1992, the County
conducts election activities throughout Arapahoe County and governmental entities are
encouraged to cooperate for the conduct of elections in order to reduce taxpayer expenses; and
WHEREAS, the County is statutorily required to operate a certain number of Voter Service
and Polling Centers (“VSPC”) and to have such VSPCs open for specified dates and times during
every election; and
WHEREAS, in designating a VSPC, the county clerk and recorder shall take into account
the factors described under COLO. REV. STAT. § 1-5-102.9(1)(c)(I), and the use of a public building
as a VSPC location shall be given priority over other uses of the building; and
WHEREAS, the County and the Jurisdiction have met and discussed the establishing and
operation of VSPCs on property owned or controlled by the Jurisdiction; and
WHEREAS, the County is statutorily required to install and maintain a certain number of
election ballot drop boxes; and
WHEREAS, pursuant to Colorado law, a drop box is defined as a secure receptacle
established to receive mail ballots twenty-four hours a day, all drop box locations must be
monitored by a video security surveillance recording system and the video security surveillance
must be retained by the county clerk for a certain period of time after each election, and the video
security surveillance of the drop box is an open record and may be subject to disclosure pursuant
to the Colorado Open Records Act; and
WHEREAS, the County will provide, install and maintain each drop box and video security
surveillance recording system; and
WHEREAS, the County and the Jurisdiction have met and discussed the installation of a
drop box and video security surveillance recording system on property owned or controlled by the
Jurisdiction; and
WHEREAS, the Jurisdiction desires to cooperate with the County for these purposes and
such agreements are authorized by State law and the Englewood Municipal Code; and
NOW, THEREFORE, for and in consideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
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VOTER SERVICE AND POLLING CENTERS
1. VSPC SITE. The Jurisdiction grants to the County the use and occupancy of certain areas
in the following locations for use as a VSPC. The County will also be allowed to use all
improvements and common areas of each location that are made available on a non-exclusive
basis for the general use of the public and tenants, their employees, agents and invitees.
A. Englewood Civic Center, 1000 Englewood Pkwy., Englewood CO 80110.
2. ELECTION TERMS AND ACCESS. The County will have access to and use of the VSPC
site each day for the dates and hours listed below. The Parties agree that the VSPC will be open
to the public for the days and hours required by the Colorado Uniform Election Code for each
election, that the dates and hours stated below may change if required by Colorado law, and they
recognize that the VSPC hours of operation may be different than when the building is otherwise
open to the public. The public will be allowed access to the VSPC during the required statutory
hours of operation, even if the building is otherwise closed to the public.
The Parties may agree to renew and extend this Agreement for use of the VSPC site for other
future elections, which renewal(s) shall be indicated in writing and executed by both parties.
A. 2022 General Election Term (November 8, 2022 Election Day)
• County access: October 19, 2022 – November 9, 2022, to be accessible
by the County 7 a.m. – 9 p.m. each day. These dates may vary based on
the phased opening of VSPCs.
• VSPC hours of operation: October 24 – November 8, 2022. Mon. – Fri.
and second Sat.: 8 a.m. – 5 p.m.; Tues. Nov. 8, 2022: 7 a.m. – 7 p.m.
These dates may vary based on the phased opening of VSPCs.
B. 2024 General Election Term (November 5, 2024 Election Day)
• County access: October 16, 2024 – November 6, 2024, to be accessible
by the County 7 a.m. – 9 p.m. each day. These dates may vary based on
the phased opening of VSPCs.
• VSPC hours of operation: October 21 – November 5, 2024. Mon. – Fri.
and second Sat.: 8 a.m. – 5 p.m.; Tues. Nov. 5, 2024: 7 a.m. – 7 p.m.
These dates may vary based on the phased opening of VSPCs.
3. CONSIDERATION. It is understood and agreed that the consideration provided in this
agreement is non-monetary except for the allocation of costs as described herein.
4. USE. The County shall use the site as a voter service and polling center to conduct
elections. The County shall not commit any waste or damage upon the VSPC site or cause any
nuisance thereon. The County shall keep the VSPC site free and clear from all waste resulting
from its use or the use of its employees, officers, agents, invitees and visitors of the VSPC. The
County agrees it will not unreasonably interfere with the use of the building for other regular
operations or uses.
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5. AUTHORITY TO GRANT USE. The Jurisdiction warrants and represents it is the lawful
owner or lessee of the VSPC site and has the authority to grant the use contemplated by this
Agreement.
6. SERVICES FURNISHED BY JURISDICTION. The Jurisdiction will furnish the building
and the VSPC site and any and all services necessary to serve the VSPC, including the following:
• heating or cooling;
• electricity with sufficient power to operate the County’s election equipment;
• internet service with sufficient bandwidth to support the County’s election
equipment through wired connection to the Jurisdiction’s publicly available internet
service network, and the Jurisdiction’s IT staff will work with the County’s IT staff
to ensure that any special configurations are made to allow open internet
communication to support this service;
• telephone outlets currently exiting in the VSPC site;
• light fixtures present in the VSPC site and replacement of fluorescent tubes and
light bulbs as required from time to time;
• access to parking facilities;
• removal of ice, snow and debris in the common areas and the parking facility; and
• any other customarily supplied utilities, maintenance, security, and building
operation services.
7. NO ENTRY BY THE JURISDICTION. To ensure the security of election equipment and
ballots transported and stored at the VSPC Site, the Jurisdiction will limit its employees and
representatives’ entry to the VSPC Site only to times when the VSPC is open and County
employees are present. The County will be responsible to gather trash within the VSPC Site each
day and place it outside of the room for collection by the Jurisdiction. The County shall permit
representatives of the Jurisdiction to enter into and upon the VSPC Site when the VSPC is closed
if personnel are responding to an emergency situation. The Jurisdiction shall promptly notify the
County if any such entry occurs.
8. VSPC SITE ACCESSIBILITY. The VSPC site shall be maintained during each Election
Term by the Jurisdiction in compliance with its building guidelines and the Americans with
Disabilities Act (“ADA”) concerning building accessibility for physically challenged citizens.
9. PARKING. During each Election Term of this Agreement, the Jurisdiction shall make
available to the County the use of available parking spaces serving the VSPC site.
10. SIGNAGE. The County may install temporary signage in or on the VSPC site and the
building where it is located concerning the conduct of the elections during each Election Term. All
such signage will be removed at the termination of each Election Term.
11. ALTERATIONS. Because the site will be used as a voter service and polling center, the
County may need to install additional electrical and/or telephone/internet wiring, cabling, or other
hardware as necessary in order to operate and maintain the County’s election equipment. Any
such alterations will be discussed with the Jurisdiction in advance and require Jurisdiction
approval in writing. The Jurisdiction acknowledges that such installation may result in a permanent
alteration in and improvement to the VSPC site. Any costs associated with alteration shall be paid
by the County. Any alteration work shall be supervised by the Jurisdiction staff to ensure any
alterations do not impact Jurisdiction facilities, operation or equipment.
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12. BUILDING CLOSURE. In the event the Jurisdiction experiences a building closure for
reasons including, but not limited to, acts of God, acts of the public enemy, unusually severe
weather, fire, floods, epidemics, quarantines, strikes, labor disputes or other similar occurrence
(each a “Force Majeure Event”), the VSPC Site will also be closed, unless expressly agreed
otherwise by the Parties. The Jurisdiction shall promptly notify the County of a Force Majeure
Event and permit the County to enter the VSPC site to remove ballots and election equipment, to
the extent election equipment is on site and entry is safe.
13. SUBSTITUTION OF SPACE. In the event the VSPC site is not available for use as
contemplated by this Agreement for any reason beyond the reasonable control of the Parties
including, without limitation, a Force Majeure Event, the Jurisdiction shall promptly notify the
County and provide substitute space for use by the County. In the event such substituted space
is not available or not acceptable to the County, the subject VSPC site will not be available for
use that Election Term.
14. SURRENDER OF POSSESSION. The County agrees to surrender possession of the
VSPC site to the Jurisdiction at the termination of each Election Term in as good condition and
repair as when the County obtained the site, except for any and all alterations or improvements
authorized by the Jurisdiction or any damage occurring without the fault of the County or other
persons permitted by the County to occupy or enter the VSPC site.
15. LOSS OR DAMAGE. The County agrees to promptly remedy any damage to the VSPC
site, at its expense, resulting from the County’s use of the property under this Agreement and that
was caused by the County and/or its employees, officers, agents or invitees. The County shall
not be liable or responsible for any loss or damage to the building or VSPC site when such loss
or damage is caused by a Force Majeure Event or damage occurring without the fault of the
County or other persons permitted by the County to occupy or enter the VSPC site.
BALLOT DROP BOXES
16. DROP BOX SITE. The Jurisdiction hereby grants to the County a revocable non-exclusive
license to use, in common with other licensees and the Jurisdiction, certain areas in the following
location to install and maintain an election ballot drop box and video security surveillance
recording system.
A. Englewood Civic Center, 1000 Englewood Pkwy., Englewood CO 80110.
17. DESCRIPTION OF IMPROVEMENTS. The County will install a ballot drop box and a
video security surveillance recording system (the “Improvements”). The drop box may also include
installing a cement pad to affix the box onto. The County will install a video security surveillance
recording system that includes a camera (2 megapixel IP or better) and a recording system that
allows for continuous recording during use of the mail ballot drop box. The video security
surveillance recording system shall remain in place, functional and connected to a video recording
system pursuant to Colorado law. The County will be responsible for obtaining and retaining the
video data.
18. FUNDING OF IMPROVEMENTS. The County will fund the entire costs for obtaining,
installing and maintaining the drop box and video security surveillance recording system.
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19. OWNERSHIP. The County retains ownership of the drop box, video security surveillance
recording system, and video footage. The Jurisdiction retains ownership of the property where
each drop box is to be located.
20. MAINTENANCE.
A. At all times pertinent to this Agreement, the Jurisdiction shall, at the Jurisdiction’s
expense, maintain the property where each drop box is located in good repair, including
removal of ice, snow and debris in the drop box area and any walkway to and from parking.
B. Following installation, the County shall at all times maintain the drop box and video
security surveillance recording system in good repair.
21. ACCESS. The County, its agents and contractors shall have the right of ingress and
egress in, to, through, over, and across the property where a drop box is located for any purpose
necessary and at any and all times necessary or convenient for access and maintenance of the
drop box and video security surveillance recording system.
22. DAMAGE TO PREMISES. The County shall be responsible for repair/replacement of
Jurisdiction property damaged by the County related to the installation and maintenance of the
drop box and video security surveillance recording system.
MISCELLANEOUS
23. NOTICES. Any and all notices required to be given by this Agreement are deemed to
have been received and to be effective: (1) three days after they have been mailed by certified
mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon
receipt of confirmation that an email or fax was received; to the address of a Party as set forth
below or to such Party or addresses as may hereafter be designated in writing:
To County: Joan Lopez
Arapahoe County Clerk and Recorder’s Office
Elections Division
5334 S. Prince St.
Littleton, Colorado 80120
Fax: (303) 794-4625
Email: jlopez@arapahoegov.com; elections@arapahoegov.com
To Jurisdiction:
Email:
24. TERMINATION. This Agreement may be terminated by either Party at any time by
providing written notice to the other of the termination, provided the Jurisdiction shall not terminate
the Agreement within 90 days of the start of any Election Term described herein. This 90-day
window shall not apply to terminations resulting from the inability to provide substitute premises
for a VSPC under the terms of this Agreement.
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25. AMENDMENTS. This Agreement may be amended only in writing, and following the same
formality as the execution of the initial Agreement.
26. INTEGRATION. The Parties acknowledge that this Agreement constitutes the sole and
entire Agreement between them relating to the subject matter hereof and that no Party is relying
upon any oral representation made by another Party or employee, agent or officer of that Party.
27. CONFLICT OF LAW. In the event that any provision in this Agreement conflicts with the
Colorado Uniform Election Code or other statute, this Agreement shall be modified to conform to
such law.
28. NO WAIVER OF GOVERNMENTAL IMMUNITY. The Parties understand and agree that
both Parties and their officials, officers, directors, agents, and employees, are relying on, and do
not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any
other rights, immunities, protections or defenses provided by the Colorado Governmental
Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or
the Jurisdiction. To the extent the CGIA imposes varying obligations or contains different waivers
for cities and counties, both the Jurisdiction and the County agree that they will remain liable for
their independent obligations under the CGIA, and neither party shall be the agent of the other or
liable for the obligations of the other.
29. NO THIRD PARTY BENEFICIARIES. The enforcement of the terms and conditions of
this Agreement and all rights of action relating to such enforcement shall be strictly reserved to
the County and the Jurisdiction, and nothing contained in this Agreement shall give or allow any
such claim or right of action by any other or third person under such Agreement.
30. GOVERNING LAW: JURISDICTION AND VENUE. Unless otherwise agreed in writing,
this Agreement and the interpretation thereof shall be governed by the laws of the State of
Colorado. Venue for any and all legal actions arising under this Agreement shall lie in the District
Court in and for the County of Arapahoe, State of Colorado.
31. SEVERABILITY. Should any provision of this Agreement be determined by a court of
competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the Parties
hereto that the remaining provisions of this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Agreement for VSPC Use and Ballot Drop
Box Installation to be executed by their duly authorized representatives.
CITY OF ENGLEWOOD
By:
Name:
Title: City Clerk
Date:
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Stephanie Carlile
10/18/2022
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ARAPAHOE COUNTY, COLORADO
By:
Name: Joan Lopez
Title: Clerk and Recorder
Date:
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