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Home My WebLink About20141387.tiff Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections City of Longmont, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the June 24, 2014, Primary 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 June 24, 2014; 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( 1 ), 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 Boulder 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 June 24, 2014, Coordinated Primary 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 z appropriate, of petition; determine candidate eligibility; receive candidate f znominating 9 Y, o acceptance of nominations; accept notice of intent, petitions for nomination, and F- affidavits of circulators; verify signatures on nominating petitions; and hear any w protests of the nominating petitions, as said tasks are set forth in any applicable f w provisions of Title 1 , Article IV, Parts 8 and 9, and §§ 1 -4-501 , 22-31 -103, and 22-31 - 107 , 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. 1 r -* qC)) Establish order of names and questions pursuant to § 1 -5-406 for Jurisdiction's portion o of the ballot and submit to the County Clerk in final form. The ballot content, including ! O o_ a LU C6 - era?" 1 of 6 2014-1387 5 - 5 - 1 `"1 ��`� 04,713 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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, C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 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 45`" 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, 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 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Subsection 3(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 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 outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on April 18, 2014 and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of June 24, 2014, 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 Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1- 10.5-107, 1-10.5-104, 1-10.5-103, 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. i. 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. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. 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. • 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the June 24, 2014, Primary Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by June 17, 2014, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. 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 Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 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 X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. 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. Provide 3 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Training Center, 1104 H Street, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO 3. The Southeast Weld Office (Fort Lupton), 2950 9th St, Fort Lupton, CO June 16, 2014—June 23, 2014-8:00 a.m. - 5:00 p.m. — Except Sunday Election Day, June 24, 2014 -7:00 a.m. -7:00 p.m. e. Provide five Drop Off Sites — June 20, 2014 — June 23, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday Election Day, June 24, 2014 - 7:00 a.m. - 7:00 p.m. 1. Grover Town Hall, 315 Chatoga Avenue, Grover, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 2. Erie Town Hall, 645 Holbrook Street, Erie, CO 3. Briggsdale RE-10J, 515 Leslie, Briggsdale, CO 4. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 5. Windsor Community Rec Center, 250 11`" St, Windsor, CO f. 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 for the fees. g. Designate Rudy Santos, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(g)). h. 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. i. 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. 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, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated Damages. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 3(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated 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 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. e. 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. f 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. g. Notice provided for in this Agreement shall be given by the Jurisdiction to Rudy Santos of the Weld County Clerk and Recorders Office by phone: Phone: (970) 304-6525, Extension 3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: rsantosAco.weld.co.us Address: PO Box 459, Greeley, CO 80632 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Notice provided for in this Agreement shall be given to the Jurisdiction election officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Valeria Skitt Phone: (303) 651 -8650 Additional Contact Information : Fax: (303) 774-4721 E-mail : valeria.skitt@ci. longmont.co. us Address: 350 Kimbark Longmont, CO 80501 DATED as of this 15th day of April, 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY i - . Steve Moreno, Clerk and Recorder ougl s Rade acher, Chair" ,,,/ 14 APPROVED AS TO F . '. C `` TTEST: " 1� lerk to the Board of County Commissioners test ,144r au� , 7,I C •� '`� ttorney U14 v De uty Clerk to the Board City of Longmont i‘cs)ONa o CI `Ti OF LONGMON��T: 4 Mayor �O APPROVED AS TO FOR • ATTEST: ck Ws Attor of Jurisdiction (Signature) Designatedtection Official for Jurisdiction (Signature) 6of6 076/9-43 '2 Hello