HomeMy WebLinkAbout20102025.tiff RESOLUTION
RE: APPROVE FORM OF 2010 MASTER VERSION OF MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF GENERAL ELECTIONS AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS
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 the form of the 2010 Master Version of the
Memorandum of Intergovernmental Agreement for Conduct of General Elections between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Clerk and Recorder, and various entities, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form of 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 form of the 2010 Master Version of the Memorandum of
Intergovernmental Agreement for Conduct of General Elections between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Clerk and Recorder, and various entities be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any agreements consistent with the form of said 2010 Master Version.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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David E. Long
Date of signature: Q�9
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2010-2025
CR0026
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
«ENTITY», hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board
of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and
the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
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Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45111 day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
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4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4 — November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010 -7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 '/,
Longmont, CO
• October 18— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010-7:00 a.m. -7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 '/ , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11'" Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
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time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement intended to
waive any privileges or immunities the parties, their officers, or employees may
possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
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f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(cilco.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: , fax:
E-mail: and
Address:
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk and Recorder Douglas J. Rademacher, Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
«ENTITY»
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction
(Signature)
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