HomeMy WebLinkAbout20252626.tiffResolution
Approve Standard Form for Memorandum of Intergovernmental Agreement for
Conduct of Coordinated Elections Between Clerk and Recorder's Office and
Various Special Districts, and Authorize Chair to Sign any Agreement Consistent
with Said Form
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 Standard Form for 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 various Special Districts, with
further terms and conditions being as stated in sad standard form, and
Whereas, after review, the Board deems it advisable to approve said standard form, 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 Standard Form for 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 various Special Districts, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
any agreement consistent with said standard form.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 22nd day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc: CRCcK/Ru) CA03B/VR)
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2025-2626
CR0036
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated 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 [INSERT DATE], Coordinated 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 mail ballot on [INSERT DATE]; 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 § 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 §§ 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 [INSERT
DATE], Coordinated Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk or designated election official for initiatives,
referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-
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, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S.
c. Establish order of names and questions for Jurisdiction's portion of the balbt 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
2025-2626
Gun cvw3c,
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 original documents. The
County Clerk will require the certification of translation be turned in with the ballot
content.
d. 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), C.R.S. 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(d)
shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot
issues.
e. 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.
Accept affidavits of intent to accept write-in candidacy up until close of business on the
64th day before the election, and provide a list of valid affidavits received and forward
them to the County Clerk pursuant to § 1-4-1102(2), C.R.S.
9.
Pay the sum of $2.50 per registered elector eligible to vote in the Jurisdiction's election
as of [INSERT DATE], 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 X, 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(g). 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.
h. 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.
i. 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.
Carry out all action necessary for cancelation 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
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-
208(5), C.R.S.
k. 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 represents 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.
I. By [INSERT DATE], Jurisdiction shall notify all candidates to call the Election Office at
970-400-3109 to leave a voice mail containing the candidate's name pronunciation and
the office the candidate is seeking.
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.
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 (see contact information below).
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
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
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:
Adam Gonzales
Phone: (970) 400-3178
Fax: (970) 304-6566
Email: aoonzalesCa�weld.00v
Address: PO Box 459, Greeley, CO 80632
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in Subsection 3(h) of this Agreement by phone:
Designated Election Official for Jurisdiction:
Phone:
After hour phone number:
Additional Contact Information:
Fax:
E-mail:
Address:
DATED this
day of , 2025.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, Clerk and Recorder [INSERT NAME], 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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