HomeMy WebLinkAbout20242321.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR
CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIR TO SIGN -
REGIONAL TRANSPORTATION DISTRICT
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 a Memorandum of Intergovernmental
Agreement for Conduct of Coordinated Elections 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 Regional Transportation District, commencing and ending
November 5, 2024, 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 Memorandum of Intergovernmental Agreement for Conduct of
Coordinated Elections 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
Regional Transportation District, 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 4th day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY rni ORADO
ATTEST: �(4..^ J G1 :4
Weld County Clerk to the Board
By CLIJLO In ' (.(.J(�'il GCS J uh.
Deputy Clerk to the Board
APP : VED A
Coun y •'":rney
Date of signature:
Kevi Ross, Chair
c_0/
Perry L. Buc„J Pro-Tem
ike Fr= -man
James
Saine
cR (cK/RS/AG)
ad �11 /,2,I
2024-2321
CR0035
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Regional Transportation District, 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 5, 2024, 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, and Title 32, C.R.S. 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 mail ballot on November 5, 2024; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk
acting as the Coordinated Election Official; and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to C.R.S. § 1-7-
116, 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 C.R.S. §§ 1-1-111(3), 1-7-116, and
29-1-203, et seq.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction is a special district which encompasses territory within Weld County and
the City and County of Broomfield, City and County of Denver and the Counties of Adams,
Arapahoe, Boulder, Douglas, and Jefferson. 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 5, 2024, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. To do all tasks required by law of designated election officials concerning self -
nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any
applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S.
b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit
to the County Clerk in final form. The ballot content, 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 C.R.S. §1-5-203(3)(a). The Jurisdiction must provide a Spanish
(US) translation of the ballot title and text for the County to provide a Spanish language
sample ballot and a Spanish language in -person ballot pursuant to § 1-5-906 and
1-5-907, C.R.S. The translation services selected by the Jurisdiction must be screened
and tested for proficiency in both written English and Spanish with affiliation or
accreditation by a nationally recognized association of translators or have credentials or
certifications that are comparable to or exceed the standards used by a
nationally recognized association of translators, and must produce translations that are
linguistically accurate, culturally appropriate, and technically consistent with the of 6
original documents. The
2024-2321
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
County Clerk will require the certification of translation be turned in with the ballot
content.
c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901, C.R.S.,
and Colorado Constitution Article 10, Section 20(3)(b)(v). Comments to be accepted
must be filed by noon on the Friday before the 45th 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 later than 43 days prior to
the election pursuant to § 1-7-904, C.R.S. No portion of this Subsection 3(c) shall require
the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
d. Collect, prepare, and submit all information required to give notice pursuant to Colorado
Constitution Article 10, Section 20(3)(b), the Taxpayer's Bill of Rights. Such information
must be received by the County Clerk no less than 43 days prior to the election to give
the County Clerk sufficient time to circulate the information to voters. Special Districts
shall be solely responsible for circulating the notice required to property owners that
reside out of Weld County pursuant to Colorado Constitution Article 10, Section 20(3)(b),
the Taxpayer's Bill of Rights.
e. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 5, 2024, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. If the Jurisdiction cancels the election before
its Section 20, Article 10, the Taxpayer's Bill of Rights, 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 under this Subsection 3(e). The
Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107 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.
f. Designate an "election official" 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.
9.
Mail ballot issue 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.
h. 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.
Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and is
accurate. The Jurisdiction will promptly notify Weld County's contact listed below of any
changes to the information contained in said list.
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Memorandum of Intergovernmental Agreement
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j.
By September 6th, Jurisdiction shall notify all candidates to call the Election Office at
970-400-3109 to leave a voice mail on how to pronounce the candidate's name for the
audio ballot.
4. The 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.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
10, Section 20 to only those active eligible electors residing within the special district.
Jurisdiction shall be solely responsible for circulating Taxpayer's Bill of Rights notice
required to property owners that reside out of Weld County.
c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S.
and publish and post notice, as directed in § 1-5-205, C.R.S.
d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction.
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 such appointments, and shall notify the County Clerk in
writing of such 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 time and
manner provided and required by the Code. The County Clerk shall perform all recounts
required by the Code.
5. Additional Provisions
a. Time of the Essence.
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Memorandum of Intergovernmental Agreement
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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. Right of Termination.
If Jurisdiction fails to accomplish its obligations, County is relieved of any further
obligation under this agreement. Jurisdiction is fully responsible for any actions that
result from its failure to meet its obligations.
c. No Waiver of Privileges or Immunities.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
applicable now or hereafter amended, or any other applicable privileges or immunities
held by the parties to this Agreement.
d. No Third -Party Beneficiary Enforcement.
It is expressly understood and agreed that 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 undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
e. Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other, or subsequent,
breach.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
f. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary
liaison designated according to section 4.f. above:
Rudy Santos
Phone: (970) 400-3059
Fax: (970) 304-6566
Email: rsantos(fweld.aov
Address: PO Box 459, Greeley, CO 80632
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in 3(f) of this Agreement by phone:
Melanie J. Snyder
Designated Election Official
Regional Transportation District
1660 Blake St., BLK-23
Denver, CO 80202
Phone: (303) 299-2203
Fax: (303) 299-2217
Email: Melanie.SnyderflRTD-Denver.com
[REST OF PAGE INTENTIONALLY LEFT BLANK]
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
DATED this caCkIll` day of .�� , 2024.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, Olelrk an Recorder
APPROVED AS TO FORM:
Con.ad
County Attorney
Regional Transportation District
APPROVED AS TO FORM:
Snyder,
Melanie -
23947
Digitally signed by
Snyder, Melanie - 23947
Date:2024.08.22
14:34:39 -06'00'
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTYOP—WELD COUNTY
0
evin Ross, Chair SEP 0 4 NM
EST: 4.4;t4otvuj
k to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Snyder,
Melanie -
23947
Digitally signed by
Snyder, Melanie- 23947
Date: 2024.08.22
14:35:04-06'00'
Designated Election Official for Jurisdiction
(Signature)
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2024-ZSZI
MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF
COORDINATED ELECTIONS - REGIONAL TRASPORTATION DISTRICT
APPROVED AS TO SUBSTANCE:
Department Head-& Electhd'Official
APPROVED AS TO FORM:
i11agAsAr (a,►A.y
Assistant County Attorney
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