HomeMy WebLinkAbout2023 - RESO - 18 - Ballot Box IGAs
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2023
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING INTERGOVERNMENTAL AGREEMENTS WITH JEFFERSON COUNTY CONCERNING BALLOT BOX USE AT WHEAT RIDGE CITY HALL, ANDERSON PARK AND PROSPECT PARK
WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and
WHEREAS, to better serve its citizens, Jefferson County places secure mail
ballot drop boxes at three locations on City property; and
WHEREAS, these intergovernmental agreements are designed to serve the citizens of Jefferson County during elections by providing convenient locations for voters to drop off their completed mail ballots; and
WHEREAS, the City of Wheat Ridge wishes to enter into intergovernmental
agreements with the County of Jefferson, State of Colorado to accomplish these goals.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. The Intergovernmental Agreements between the City and the County
of Jefferson, State of Colorado hereto attached as Exhibit A, are hereby approved.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 10th day of April 2023
___________________________ Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
EXHIBIT A INTERGOVERNMENTAL AGREEMENT USE AGREEMENT
[ATTACHED]
BALLOT BOX USE AGREEMENT
THIS BALLOT BOX USE AGREEMENT (this "Agreement"), dated for reference
purposes only this 10th day of April, 2023, is made and entered into by and between City of Wheat Ridge, Colorado, a home rule municipality (the "Owner") and the County of Jefferson, State of Colorado, a body politic and corporate (the "County," and together with the Owner, the “Parties”).
RECITALS
A. The Owner owns certain real property located at 7500 W. 29th Avenue, Wheat
Ridge, Colorado 80033 (the “Wheat Ridge City Hall”).
B. The County desires to use a portion of land located at the entrance of the Wheat
Ridge City Hall, as more particularly described on Exhibit A attached hereto and incorporated
herein by reference (the "Site"), for the purpose of operating a secure mail ballot drop box (the
“Ballot Box”) thereon.
C. The Owner is willing to permit the County to install and use the Ballot Box at the
Site under the terms set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
hereinafter, the Parties agree as follows:
I. Agreement. The Owner agrees to permit the County use of the Site according to
the terms and conditions set forth herein.
II.Term and Termination.
A.Term. This Agreement shall commence on the date that the Agreement is
fully executed by both Parties and remain in effect until terminated by the Parties in accordance
with the terms of this Agreement.
B.Termination Without Default. Either Party may terminate this
Agreement at any time for any reason by providing the other Party with a minimum of thirty
(30) days’ notice of its intent to terminate pursuant to Section XI below, except that the Ownermust provide a minimum of one hundred twenty (120) days’ notice to the County in order to
terminate this Agreement without an Event of Default prior to: (i) the first Tuesday after the
first Monday in November of every year; (ii) the last Tuesday in June of every even-numbered
year; and (iii) the first Tuesday in March in a Presidential election year.
C.Termination for Default. In addition to the foregoing, either Party mayterminate this Agreement upon an uncured Event of Default by the other Party as described
herein. An uncured Event of Default shall occur if either Party fails to materially perform or observe a term of this Agreement, and such failure continues for more than seven (7) days
after written notice from the other Party, except that such seven (7) day cure period shall be
extended as is reasonably necessary to permit the Party in default to complete cure, so long as
such Party continuously and diligently pursues and completes cure.
III.Consideration. No rent or other consideration will be due or payable by the
County under this Agreement.
IV.Use of Ballot Box.
A.The Ballot Box shall remain the property of the County, and the County
shall bear all costs associated with the maintenance of the Ballot Box.
B.For any coordinated election or other election in which the County Clerk
and Recorder is serving as the election official, the Ballot Box shall be available for use by the
County as a twenty-four hour, seven-day-a-week drop-off location for the purpose of allowing
electors to deposit their completed mail ballots. For the period beginning thirty (30) days before such an election and ending thirty (30) days after such an election, the County shall have access to
the Ballot Box twenty-four (24) hours a day, seven (7) days a week for the purpose of opening,
inspecting and collecting from the Ballot Box or performing its other duties and responsibilities in
connection with such election.
C.With the prior consent of the Owner, the County may install identifying
markers such as signs or flags on or near the Site to direct electors to the Ballot Box.
D.The Ballot Box shall be covered and locked during the period beginning
three (3) days after each election and ending thirty-five (35) days prior to the next election.
E.The County shall have access to the Site a minimum of thirty-five (35) daysbefore each election in order to inspect and prepare the Ballot Box for the election.
F.The Owner shall have no obligation to ensure that the Ballot Box is used in
compliance with applicable election laws. The County shall be solely responsible for responding to any questions or challenges regarding the use of the Ballot Box.
G.For any coordinated election or other election in which the County Clerkand Recorder is serving as the election official, the County shall have the authority to enforce
applicable state, federal and local election laws at the Site and the immediate area surrounding the
Site, including, without limitation, laws addressing electioneering, election interference and voter
intimidation.
V.Installation of VR System.
A.The Owner authorizes the County to install a video surveillance system (the “VR
System”) at an agreed-upon location near the Site for the purpose of recording activity at the
Ballot Box and the surrounding Site.
B.The County shall be responsible for paying for the VR System and all cables and
equipment necessary to complete the installation.
C.The County (or its designated vendor) shall be responsible for installing the VR
System. The Owner shall provide the County (or its designated vendor) with such access to the Site as is reasonably necessary for performing the installation.
D.The Owner shall provide a secure location to store the VR System hardware. Such
location shall have access to a standard power outlet, which will be used to supply power to the
VR System hardware.
E.If necessary, the Owner shall permit the County (or its designated vendor) to drill
a hole in exterior wall of the building that the VR System is installed on to run a cable from the VR System to the VR System hardware. The hole shall be drilled at a location and in a manner agreed to by both Parties.
VI.Video Surveillance. For any coordinated election or other election in which theCounty Clerk and Recorder is serving as the election official, the Parties agree to collaborate
as described below to operate the VR System:
A.The VR System shall continuously record activity at the Ballot Box and thesurrounding Site during the time period beginning at least thirty (30) days prior to, and
continuing through at least three (3) days after, such election (the “Voting Period”);
B.The Owner shall provide the County with continuous access to the VR System’shardware systems at all points during the Voting Period;
C.The Owner shall provide, and pay for, the electrical power required to operatethe VR System;
D.The VR System shall remain the property of the County, and the County shall beresponsible for maintaining the VR System at its own expense. The Owner shall provide the County with reasonable access to Clement Park to perform any maintenance, upon request.
E.The Owner may access the VR System’s video feed from the Owner’s securenetwork, if desired. To access the video feed, the Owner must provide the County a public IP
address.
F.The Owner shall provide adequate lighting to the Ballot Box and surrounding Siteduring the Voting Period;
G.The County will monitor the video feed during the Voting Period; and
H.If the video feed is disrupted or otherwise compromised, the County will attemptto correct the disruption and restore the feed. If the County believes the source of the disruption
to be within the Owner’s control, upon notification from the County, the Owner shall take all
reasonable efforts to promptly resolve the disruption and restore the video feed.
VII.Damage to Site or Ballot Box. In the event the Owner becomes aware that the
Ballot Box and/or Site is damaged, the Owner agrees to promptly notify the County and
reasonably collaborate with the County to determine the cause of the damage. In such event,
the County may, at its option, either (i) restore the Ballot Box and/or Site to a suitable condition, or (ii) terminate this Agreement by written notice to the Owner.
VIII.Permits and Approvals. Each Party shall be solely responsible for obtaining any
licenses, permits or approvals that are required by law to complete their respective obligations set
forth herein.
IX.Assignment. This Agreement and the rights granted herein are voidable by the
Owner if assigned without the prior written consent of the Owner. Such consent shall not be
unreasonably withheld provided the assignee meets all the obligations of the County under this
Agreement. Notwithstanding the foregoing, the County may, in its discretion, approve the use of the Ballot Box and/or VR System by the Owner or another election official as a ballot drop-off
location on a case-by-case basis, without the prior consent of the Owner. The use of the Ballot Box
and/or VR System by another election official shall be subject to all applicable terms of this
Agreement and any conditions imposed by the County.
X.Surrender of Site. Upon the termination of this Agreement, the County shall, at itssole expense, remove the Ballot Box from the Site and surrender the Site to the Owner in as good condition as received, reasonable wear and tear excepted, free from debris and broom clean. The
County shall not remove anything from the Site which constitutes an integral part of the real estate. Any personal property not removed by the County within a reasonable time period after the termination of this Agreement shall be deemed abandoned and the Owner may, without notice to the County, dispose of the same.
XI.Notices.
A.Key Notices” under this Agreement are any notices regarding an Event of Default,a dispute between the Parties, or termination of the Agreement. Key Notices shall be given in writing and shall be deemed received if given by: (i) confirmed electronic transmission (as defined
in subsection (B) below) when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; (ii) certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the Parties will follow up any electronic transmission with a hard copy
of the communication by the means described in subsection (A)(ii) or (A)(iii) above. All other communications or notices between the Parties that are not Key Notices may be done via electronic transmission. Notice shall be given to the Parties at the following addresses:
To the County: Jefferson County Clerk and Recorder’s Office
Elections Division
Attn: Director of Elections
3500 Illinois Street, Suite 1100
Golden, Colorado 80401
Phone: (303) 271-8111
logistics@jeffco.us
with a copy to: Jefferson County Attorney
100 Jefferson County Parkway, Suite 5500
Golden, Colorado 80419
Phone: (303) 271-8900
Email: CAOContracts@jeffco.us
To the Owner:
Office of the City Clerk
Stephen Kirkpatrick, City Clerk 7500 W 29th Ave, 1st floor Wheat Ridge, CO 80033 Phone: 303-235-2823
Email: skirkpatrick@ci.wheatridge.co.us
All Key Notices to the County shall include a reference to the Agreement identifying the Owner’s name and the date of the Agreement.
B.Electronic Transmissions. The Parties agree that: (i) any notice or communicationtransmitted by electronic transmission, as defined below, shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have
the same binding and legal effect as an original document; and (iii) at the request of either Party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the Party in its original form. The Parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic transmission as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby
forever waive such defense. For purposes of this Agreement, the term “electronic transmission” means email.
XII.Miscellaneous Provisions.
A.Non-Appropriation. To the extent that this Agreement purports to create a financialobligation of either Party payable in a fiscal year subsequent to the fiscal year of execution of this
Agreement, such obligation is contingent upon such Party appropriating and budgeting funds for
that purpose. The County’s fiscal year is currently the calendar year.
B.Survival Clause. Notwithstanding anything to the contrary, the Parties understand
and agree that all terms and conditions of this Agreement that may require continued performance
or continue beyond the termination date of this Agreement shall survive such termination date and be enforceable as provided herein in the event of a failure to perform or comply by a Party to this
Agreement.
C.Authorization. The Parties hereby stipulate and represent that all proceduresnecessary to authorize the execution of this Agreement have been performed and that the persons
signing for each of the Parties have been authorized to do so.
D.Entire Agreement. This Agreement constitutes the entire agreement andunderstanding between the Parties regarding the subject matter contained herein, and supersedes
all offers, negotiations and other agreements concerning the subject matter contained herein. Any
amendments to this Agreement must be in writing and executed by both Parties.
E.Severability. If any provision of this Agreement is invalid or unenforceable withrespect to any Party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable shall not be affected and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
F.Successors and Assigns. This Agreement shall be binding on and inure to the
benefit of the respective successors and permitted assignees of the Parties.
G.Governing Law and Venue. This Agreement shall be governed by the laws of theState of Colorado without regard to any conflict of laws doctrine. The Parties agree that any
dispute, action or proceeding arising out of this Agreement shall be subject to the venue and
jurisdiction of the County or District Court of Jefferson County, Colorado.
H.Waiver. No term or condition of this Agreement shall be deemed to have been
waived by either Party unless the waiver is in writing and signed by both Parties or their duly
authorized representatives.
I.Execution by Counterparts; Electronic Signatures. This Agreement may be
executed in two or more counterparts, each of which shall be deemed an original, but all of which
shall constitute one and the same instrument. The Parties approve the use of electronic signatures
for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121.
The Parties hereto have signed this Agreement as of the date indicated below.
THE CITY OF WHEAT RIDGE:
By: ______________________________________________ Bud Starker, Mayor
Date: ____________________________
LEGAL COUNSEL - OPTIONAL
By: ______________________________________________
Name/Title: _______________________________________
Date: ____________________________
THE COUNTY:
COUNTY OF JEFFERSON STATE OF COLORADO
By: _______________________________________________ Amanda M. Gonzalez, Jefferson County Clerk & Recorder
Date: ___________________________
APPROVED AS TO FORM:
______________________________________________ Jean Biondi Assistant County Attorney
April 10, 2023
Exhibit A
TM 18-0953
FIRST AMENDMENT TO USE AGREEMENT
THIS FIRST AMENDMENT TO USE AGREEMENT (this “First Amendment”), dated
for reference purposes only this 10th day of April, 2023, is made and entered into by and between the City of Wheat Ridge, Colorado, a home rule municipality (the “City”) and the County of Jefferson, State of Colorado, a body politic and corporate (the “County,” and together with the City, the “Parties”).
RECITALS
A. The Parties entered into an agreement dated February 10, 2020 (the “Use Agreement”), pursuant to which the City authorized the County to install and operate a secure mail ballot drop box on a portion of real property located at the Parks, Forestry & Open Space Building, 9110 W 44th Avenue, Wheat Ridge CO 80033 (the “Parks Building”).
B. The County now wishes to install new video surveillance equipment at the Parks Building.
C. The Parties agree to amend the Use Agreement to authorize the installation of the new video surveillance equipment, to update the Parties’ video surveillance expectations, and to
make such other changes to the Use Agreement as are set forth herein.
D. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Use Agreement.
AGREEMENT
In consideration of the covenants and conditions set forth herein, and for other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. The City authorizes the County to install a new video surveillance system (the “VR System”) at an agreed upon location at the Parks Building.
2. The County shall be responsible for paying for the VR System and all cables and
equipment necessary to complete the installation.
3. The County (or its designated vendor) shall be responsible for installing the VR System. The City shall provide the County (or its designated vendor) with such access to the Parks Building as is reasonably necessary for performing the installation.
4. The City shall provide a secure location to store the VR System hardware. Such
location shall have access to a standard power outlet, which will be used to supply power to the
VR System hardware.
5. If necessary, the City shall permit the County (or its designated vendor) to drill a hole in exterior wall of the building that the VR System is installed on to run a cable from the VR System to the VR System hardware. The hole shall be drilled at a location and in a manner agreed
to by both Parties.
6. Section II(B) of the Use Agreement (“Termination - Without Default”) is hereby deleted in its entirety and replaced with the following:
TM 18-0953 2
C.Termination - Without Default. Either Party may terminate this Agreement at anytime for any reason by providing the other Party with a minimum of thirty (30) days’ notice
of its intent to terminate pursuant to Section XII below, except that the City must provide
a minimum of one hundred twenty (120) days’ notice to the County in order to terminatethis Agreement without an uncured “Event of Default” (as defined below) prior to (1) thefirst Tuesday after the first Monday in November of every year; (2) the last Tuesday inJune of every even-numbered year; and (c) the first Tuesday in March in a Presidential
election year.
7.A new Section V(E) shall be added to the Use Agreement as follows:
E. For any coordinated election or other election in which the County Clerk and
Recorder is serving as the election official, the County shall have the authority to enforce
applicable state, federal and local election laws at the Site and the immediate area
surrounding the Site, including, without limitation, laws addressing electioneering, electioninterference and voter intimidation.
8.Section VI of the Use Agreement (“Video Surveillance”) is hereby deleted in its
entirety and replaced with the following:
VI.VIDEO SURVEILLANCE. For any election in which the County Clerk andRecorder is serving as the coordinated election official, the Parties agree to collaborate as described below to operate a video surveillance system (the “VR System”) to record activity at the Ballot Box and the surrounding Site:
A.The VR System shall continuously record activity at the Ballot Box and the
surrounding Site during the time period beginning at least thirty (30) days priorto, and continuing through at least three (3) days after, such election (the“Voting Period”);
B.The City shall provide the County with continuous access to the VR System’s
hardware systems at all points during the Voting Period;
C.The City shall provide, and pay for, the electrical power required to operate theVR System;
D.The VR System shall remain the property of the County, and the County shall beresponsible for maintaining the VR System at its own expense. The City shall
provide the County with reasonable access to the Parks Building to perform any
maintenance, upon request.
E.The City may access the VR System’s video feed from the City’s secure network,if desired. To access the video feed, the City must provide the County a public IPaddress.
F.The City shall provide adequate lighting to the Ballot Box and surrounding Site
during the Voting Period;
G.The County will monitor the video feed during the Voting Period; and
H.If the video feed is disrupted or otherwise compromised, the County will attemptto correct the disruption and restore the feed. If the County believes the source of
TM 18-0953 3
the disruption to be within the City’s control, upon notification from the County, the City shall take all reasonable efforts to promptly resolve the disruption and
restore the video feed.
9.Section XII(A) of the Use Agreement shall be amended to update the County’s Key
Notice recipient from Cody Swanson to “Director of Elections.”
10.A new Section XIII(J) is added to the Use Agreement, which reads as follows:
J.Use of Ballot Box and VR System By Other Election Officials. The County may,
in its discretion, approve the use of the Ballot Box and/or VR System by the City or another
election official as a ballot drop-off location on a case-by-case basis, without the prior
consent of the City. The use of the Ballot Box and/or VR System by another election
official shall be subject to all applicable terms of this Agreement and any conditions
imposed by the County.
11.The Use Agreement, as modified herein, shall remain in full force and effect. In
the event of any conflict between the Use Agreement and this First Amendment, the terms and
conditions of this First Amendment shall control.
[Signature page follows]
TM 18-0953 4
The Parties hereto have caused this First Amendment to be executed.
THE COUNTY: COUNTY OF JEFFERSON STATE OF COLORADO
By: ___________________________________ Amanda M. Gonzalez, Clerk and Recorder
Date: ___________________________
APPROVED AS TO FORM:
_______________________ Jean R. Biondi Assistant County Attorney
THE CITY: CITY OF WHEAT RIDGE
By: ____________________________ Bud Starker, Mayor
Date: __________________________ April 10, 2023
TM 18-0953 1
FIRST AMENDMENT TO USE AGREEMENT
THIS FIRST AMENDMENT TO USE AGREEMENT (this “First Amendment”), dated
for reference purposes only this 10th day of April, 2023, is made and entered into by and between the City of Wheat Ridge, Colorado, a home rule municipality (the “City”) and the County of Jefferson, State of Colorado, a body politic and corporate (the “County,” and together with the City, the “Parties”).
RECITALS
A. The Parties entered into an agreement dated September 28, 2020 (the “Use Agreement”), pursuant to which the City authorized the County to install and operate a secure mail ballot drop box on a portion of real property located at 44th Ave & Robb Street, Wheat Ridge, CO 80033 (“Prospect Park”).
B.The County now wishes to install new video surveillance equipment at ProspectPark.
C.The Parties agree to amend the Use Agreement to authorize the installation of thenew video surveillance equipment, to update the Parties’ video surveillance expectations, and to
make such other changes to the Use Agreement as are set forth herein.
D.Capitalized terms not otherwise defined herein shall have the meaning set forth inthe Use Agreement.
AGREEMENT
In consideration of the covenants and conditions set forth herein, and for other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1.The City authorizes the County to install a new video surveillance system (the “VRSystem”) at an agreed upon location at Prospect Park.
2.The County shall be responsible for paying for the VR System and all cables and
equipment necessary to complete the installation.
3.The County (or its designated vendor) shall be responsible for installing the VRSystem. The City shall provide the County (or its designated vendor) with such access to Prospect Park as is reasonably necessary for performing the installation.
4.The City shall provide a secure location to store the VR System hardware. Such
location shall have access to a standard power outlet, which will be used to supply power to the
VR System hardware.
5.If necessary, the City shall permit the County (or its designated vendor) to drill ahole in exterior wall of the building that the VR System is installed on to run a cable from the VR System to the VR System hardware. The hole shall be drilled at a location and in a manner agreed
to by both Parties.
6.Section II(B) of the Use Agreement (“Termination - Without Default”) is herebydeleted in its entirety and replaced with the following:
TM 18-0953 2
C.Termination - Without Default. Either Party may terminate this Agreement at anytime for any reason by providing the other Party with a minimum of thirty (30) days’ notice
of its intent to terminate pursuant to Section XI below, except that the City must provide a
minimum of one hundred twenty (120) days’ notice to the County in order to terminate thisAgreement without an uncured “Event of Default” (as defined below) prior to (1) the firstTuesday after the first Monday in November of every year; (2) the last Tuesday in June ofevery even-numbered year; and (c) the first Tuesday in March in a Presidential election
year.
7.A new Section V(F) shall be added to the Use Agreement as follows:
F.For any coordinated election or other election in which the County Clerk and
Recorder is serving as the election official, the County shall have the authority to enforce
applicable state, federal and local election laws at the Site and the immediate area
surrounding the Site, including, without limitation, laws addressing electioneering, electioninterference and voter intimidation.
8.Section VI of the Use Agreement (“Video Surveillance”) is hereby deleted in its
entirety and replaced with the following:
VI.VIDEO SURVEILLANCE. For any election in which the County Clerk andRecorder is serving as the coordinated election official, the Parties agree to collaborate as described below to operate a video surveillance system (the “VR System”) to record activity at the Ballot Box and the surrounding Site:
A.The VR System shall continuously record activity at the Ballot Box and the
surrounding Site during the time period beginning at least thirty (30) days priorto, and continuing through at least three (3) days after, such election (the“Voting Period”);
B.The City shall provide the County with continuous access to the VR System’s
hardware systems at all points during the Voting Period;
C.The City shall provide, and pay for, the electrical power required to operate theVR System;
D.The VR System shall remain the property of the County, and the County shall beresponsible for maintaining the VR System at its own expense. The City shall
provide the County with reasonable access to Prospect Park to perform any
maintenance, upon request.
E.The City may access the VR System’s video feed from the City’s secure network,if desired. To access the video feed, the City must provide the County a public IPaddress.
F.The City shall provide adequate lighting to the Ballot Box and surrounding Site
during the Voting Period;
G.The County will monitor the video feed during the Voting Period; and
H.If the video feed is disrupted or otherwise compromised, the County will attemptto correct the disruption and restore the feed. If the County believes the source of
TM 18-0953 3
the disruption to be within the City’s control, upon notification from the County, the City shall take all reasonable efforts to promptly resolve the disruption and
restore the video feed.
9.Section XI(A) of the Use Agreement shall be amended to update the County’s Key
Notice recipient from Cody Swanson to “Director of Elections.”
10. A new Section XII(J) is added to the Use Agreement, which reads as follows:
J.Use of Ballot Box and VR System By Other Election Officials. The County may,
in its discretion, approve the use of the Ballot Box and/or VR System by the City or another
election official as a ballot drop-off location on a case-by-case basis, without the prior
consent of the City. The use of the Ballot Box and/or VR System by another election
official shall be subject to all applicable terms of this Agreement and any conditions
imposed by the County.
11.The Use Agreement, as modified herein, shall remain in full force and effect. In
the event of any conflict between the Use Agreement and this First Amendment, the terms and
conditions of this First Amendment shall control.
[Signature page follows]
TM 18-0953 4
The Parties hereto have caused this First Amendment to be executed.
THE COUNTY: COUNTY OF JEFFERSON STATE OF COLORADO
By: ___________________________________ Amanda M. Gonzalez, Clerk and Recorder
Date: ___________________________
APPROVED AS TO FORM:
_______________________ Jean R. Biondi Assistant County Attorney
THE CITY: CITY OF WHEATRIDGE
By: ____________________________ Bud Starker, Mayor
Date: __________________________ April 10, 2023