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Home My WebLink About20142720.tiff Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CENTRAL COLORADO WATER CONSERVANCY 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 4, 2014, 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, 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 4, 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, 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 is a special district which 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 4, 2014, Coordinated 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 § 1-4J1, R.S. s m b. Establish order of names and questions for Jurisdiction's portion of thtbabt and submit to the County Clerk in final form. The ballot content, includielt artist of candidates, ballot title, and text, must be certified to the County Clerk no er gan 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. D r c. Accept written comments for and against ballot issues pursuant to §§ F7- 1 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must befile y the end of the business day on the Friday before the 45th day before We Action. 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 es-eel/A?i_d) 1of6 9- 3- 201 jtOO 3 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections no later than 42 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 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. e. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, , 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(e). 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. 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. g. 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. i. In order to ensure that property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of the voters registered within the special district. Jurisdiction shall compare said list of registered voters with the district's list of property owners, and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by October 4th. Weld County will mail such property owner(s) a ballot by October 18th. Weld County will charge the $1.00 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). j. 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 Rudy Santos, the Weld County 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 Y2, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014— November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th - November 4th. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014— November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday Election Day, November 4, 2013- 7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections This Agreement shall be interpreted to be consistent with the Code, Title 32, C.R.S., 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 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 Subsection 3(e) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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: Designated Election Official for Jurisdiction: Dan Lie e 1 1 t'_.C3nnor ) Phone: 41O) 3W- 4S4-0 Additional Contact Information: Fax: _tm)m 33D- 4-F34(o['� r E-mail: deaannon Qt.eaCd• cry Address: 3109 W 2.2$ 54- ere el e9 . Ct O1234 4 DATED this day oft.A-CiL�-4— ., 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS F THE COUNT WELD COUNTY jj[[pp L.s 14 Steve Moreno, Clerk and Recorder Douglas ademaccher, Chair C/ y APPROVED AS TO FOR ' ATTEST: / G• Jdra;K Clerk to the Board of County Co Coun Attorney eputy Cle1!'o the Board M CENTRAL COLORADO WATER CONSERVANCY DISTRICT 1746 • APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (Signature) Designate lec ion ial for Jurisdiction (Signature) 6of6 1.4 /✓O Agreement For Conduct of Special District Formation Election The Eaton Area Park and Recreation District, a proposed special district, by and through Alan Holmberg, the designated representative and liaison, 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 4, 2014, election for the formation of a special district 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 related thereto. RECITALS WHEREAS, the Jurisdiction desires to conduct an election to form a special district and elect board members and issue bonds pursuant to Colorado Revised Statutes Titles 1 and 32, such election to occur via mail ballot on November 4, 2014; and WHEREAS, on January 24, 2014, the District Court of the 19th Colorado Judicial District issued an order (hereinafter "Order" attached hereto and incorporated herein as Attachment A) that an election be conducted to determine whether the Eaton Area Park and Recreation District, a proposed special district, should be formed, and if so, who the directors of the special district should be, and whether bonds should be issued or other indebtedness incurred; and WHEREAS, the County Clerk is named in the Order as the designated election official responsible for conducting the election pursuant to § 32-1-305.5, C.R.S.; and WHEREAS, the Jurisdiction, the County Clerk, and the Commissioners agree to cooperate to conduct the election specified in the Order pursuant to certain terms and conditions as specified in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein, and incorporating the above recitals as if fully set forth herein, the parties agree as follows: 1. The proposed special district encompasses territory entirely within Weld County with boundaries more particularly described in the Order. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2014, election to form the proposed special district. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Accept written comments for and against ballot issues pursuant to § 1-7-901 and, C.R.S., and Article 10, Section 20(3)(b)(v) of the Colorado Constitution. Comments, which, to be accepted, must be filed by the end of the business day 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 42 days prior to the election pursuant • 1 of Agreement For Conduct of Special District Formation Election to § 1-7-904, C.R.S. No portion of this Subsection 3(a) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. b. 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. c. Pay the sum of$1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 2014, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Jurisdiction shall also be responsible for reimbursing County Clerk for the costs of publication of any notices, including but not limited to the Call of Nomination, and the proportionate cost of mailing any notices, including but not limited to, the Taxpayer's Bill of Rights notice pursuant to this Agreement. 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 (c). 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. d. Designate an "Election Liaison" 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. e. 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. 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 designated election official pursuant to § 32-1-305.5, C.R.S., for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the designated election official. b. The County Clerk shall circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20 to all the eligible electors of the proposed 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 § 1-5-207 C.R.S. d. The County Clerk shall supply and prepare return envelopes and mail the ballot packages provided by the Jurisdiction to the eligible electors of the Jurisdiction in accordance with § 1-7.5-107, C.R.S. e. Provide six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2 of 6 Agreement For Conduct of Special District Formation Election 2. Southwest Weld Office (Del Camino), 4209 County Road 24 %, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35'" Ave, Greeley, CO October 20, 2014 — November 3, 2014— 8:00 a.m. — 5:00 p.m. — Except Sunday; Election Day, November 4, 2014—7:00 a.m. — 7:00 p.m. f. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO g. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11`" St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. —Except Sunday; Election Day, November 4, 2014— 7:00 a.m. — 7:00 p.m. h. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65'" Ave, Greeley, CO I. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14'"— November 4'"; November 4th drop box will operate until 7:00PM. J. One Drop Off Location, 1. Weld County Election Office, 1401 N 17'" Ave, Greeley, CO October 14, 2014— November 3, 2014— 8:00 a.m. — 5:00 p.m. — Except Sunday; Election Day, November 4, 2014—7:00 a.m. —7:00 p.m. k. 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. 3 of 6 Agreement For Conduct of Special District Formation Election I. 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)). m. 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. n. 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. o. To do all tasks required by law of designated election officials concerning self- nomination and acceptance forms or letters as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501 and 1-13.5- 303 C.R.S. p. Pursuant to C.R.S. § 1-13.5-501, the County Clerk shall provide notice by publication of a call for nominations for the election. Such publication shall occur between seventy-five and one-hundred days prior to the election. 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 Title 32, C.R.S., 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 failure of the County Clerk to perform in accordance with this Agreement or laws 4 of 6 Agreement For Conduct of Special District Formation Election applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(c) of this Agreement and shall, if requested by the Jurisdiction, conduct the next election for the Jurisdiction 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, notation, 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 Agreement For Conduct of Special District Formation Election Notice provided for in this Agreement shall be given to the Jurisdiction Election Liaison referred to in Subsection 3(d) of this Agreement by phone: Designated Election Liaison for Jurisdiction: Alan Holmberg, Member P.O. Box 155 Eaton, CO 80615 Phone: (970) 396-9614 E-mail: alan(a?awhitnev.com With a copy to: Avi Rocklin, Esq. Law Office of Avi S. Rocklin, LLC 19 Old Town Square, Suite 238 Fort Collins, Colorado 80524 Phone: 970-419-8226 Fax: 970-797-1806 (fax) Email: avina rocklinlaw.com 3(4 DATED this day of Seer 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS ��- Mow- Steve F THE COON WELD COUNTY _��t�it�¢.v-� � � .vY Y Moreno, Clerk and Recorder Douglas9emacher, Chair s P a 3 taluN APPROVED AS TO F ATTEST Clerk to the Board of County C% ?- o LI Co t Deputy Cler�o the Board -`'} Y e Y �� The Eaton Area Park and Recreation District, a proposed special district _ APPROVED AS TO FORM: ATTEST:O Attorne for ris c ion (Signature) Designated Election Liai4n for Jurisdiction (Signature) 6 of 6 jD//' 7a0 qppSIMA trn 'nicely PU • 6 '14 on 1b Memorandum of Intergovernmental Agreement C }�`lTY ELECTIONS_ For Conduct of Coordinated Elections WELD E� " NORTH METRO FIRE RESCUE DISTRICT, hereinafter referred tgl ".( itr tion," 9o�3iereby agree and contract with the Board of County Commissioners of A b& �ttyy bf 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 4, 2014, 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, 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 4, 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, 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 is a special district which encompasses territory within Weld County and ao( .h'e(i( 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 4, 2014, Coordinated 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 § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. e. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, , 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(e). 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. 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. g, 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. i. In order to ensure that property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of the voters registered within the special district. Jurisdiction shall compare said list of registered voters with the district's list of property owners, and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by October 4th. Weld County will mail such property owner(s) a ballot by October 18th. Weld County will charge the $1.00 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). j. 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 Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 2of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office(Del Camino),4209 County Road 24 'h, Longmont, CO 3. Ft. Lupton Recreation Center,203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35'"Ave, Greeley, CO October 20, 2014— November 3, 2014-8:00 a.m. -5:00 p.m. —Except Sunday; Election Day, November 4, 2014-7:00 a.m. -7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St,Windsor, CO November 1, 2014 — November 3, 2014- 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014-7:00 a.m. -7:00 p.m. g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October l4`h- November 4111. November 41h drop box will operate until 7:00PM. I. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014—November 3, 2014-8:00 a.m. -5:00 p.m.— Except Sunday Election Day, November 4, 2013-7:00 a.m.-7:00 p.m. j. 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. k. 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)). I. 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. m. 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, Title 32, C.R.S., 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(e) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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(t)of this Agreement by phone: Designated Election Official for Jurisdiction: Dow i k, 9-4,f1 Phone: j 3_.t Sd'- °1q l 0 Additional Contact Information: Fax: y5)- 028°1 E-mail: Address: I0\ — g'nOM-f 1t&t, (B DATED this day of Sep ni 2 ( ,2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF TH E COUNT WELD COUNTY Steve Moreno, Clerk and Recorder Douglas ade acher, Chair 014 ATTEST: - 4 _ ' """';i S L //J�� APPROVED AS TO F4R �, � �`� Clerk to the Board of County Commis er tm Co Att ne Deputy Clerk he Board y r � NQRTH METRO FIRE RESCUE DI TBI.CT ��PPR AS TO FO TTE T; i ri") Attorney for Jurisdiction (s' tore Designated Election Official for Jurisdiction f esig (Signature) 6 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WIGGINS FIRE 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 4, 2014, 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, 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 4, 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, 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 is a special district which encompasses territory within Weld County and Moy fy\ County. This Agreement shall be construed to apply only to that portiodf the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2014, Coordinated 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 § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. e. Pay the sum of$1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, , 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(e). 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. 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. g. 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. i. In order to ensure that property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of the voters registered within the special district. Jurisdiction shall compare said list of registered voters with the district's list of property owners, and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by October 4th. Weld County will mail such property owner(s) a ballot by October 18th. Weld County will charge the $1.00 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). j. 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 Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 %, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014—November 3, 2014-8:00 a.m.-5:00 p.m. — Except Sunday; Election Day, November 4, 2014-7:00 a.m. -7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall,42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 111° St, Windsor, CO November 1, 2014—November 3, 2014 - 8:00 a.m. to 5:00 p.m. —Except Sunday; Election Day, November 4, 2014-7:00 a.m.-7:00 p.m. g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. One 24hr Drop Off Location, 1. City of Greeley—City Hall, 1000 10th Street, Greeley, CO Open October 14th—November 4th. November 4'h drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014—November 3, 2014-8:00 a.m.-5:00 p.m. — Except Sunday Election Day, November 4, 2013-7:00 a.m. -7:00 p.m. j. 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. k. 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)). The County Clerk shall appoint and train election judges and this power shall be I. PP 1 9 delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. m. 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, Title 32, C.R.S., 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(e) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: Cpw C F�PY kx�}r Phone: 9t'E-7-c043-1 Additional Contact Information: Fax: QO £k0mci I3-1 E-mail( �2rActi- '-5L(\Pe&Vciv2. t� ,C Owe Address: Q-Oi, 339 `1 JJ DATED this � day of 41.1(r-or , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS F THE COUNWELD COUNTY Steve Moreno, Clerk and Recorder ouglas tilde a r, Chair SEP J "2014 APPROaOFO ATTEST: Gr. Clerk to the Board of County Commi �'<^•;, ' 1(61 C my orney +eputy Clerk-:the Board WIGGINS FIRE DISTRICT �©VII APPROVED AS TO FORM: EST: Attorney for Jur'•dic ion (signature) D i nated kin Official for Jurisdiction i0 urn) 6 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections BRIGHTON SCHOOL DISTRICT NO. 27J, 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 4, 2014, 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 November 4, 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. rticLk.NThe 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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 b y the Jurisdiction hereunder. i. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014 — November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014-7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014 — November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th - November 4th. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014 — November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. - 7:00 p.m. j. 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. k. Designate Rudy Santos, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and ad the Jurisdiction (see contact information in 5(g)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 Agreement Memorandum of Intergovernmental A g For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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: Additional Contact Information: Fax: E-mail: Address: gal ]ter tithe/ , 2014. DATED this c7 day of s WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS F THE COU F (WELD COUNTY cutT '�.S, 140030- Steve Moreno, Clerk and Recorder DouglaslRademach r, Chair SEP 0 3 2014 APPROVED AS TO FO ATTEST: ' G' Clerk to the Board of County Co Cou orney Deputy Cler o the Board BRIGHTON SCHOOL DISTRICT NO. 27J APPROVED AS TO FORM: ATTEST: Att y for Jur sdi on (Signature) Design ted Election Official for Jurisdiction (Signally ) 6 of 6 o?ON 0 7m0 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections PAWNEE SCHOOL DISTRICT RE-12, 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 4, 2014, 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 November 4, 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 14 Pi 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 0 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of$1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. a Mail ballot issue notices pursuant to § 1 7-906(2) for active registered electors who d,o net resido within the county or counties where the political subdivision is located. W. 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. 2 of 6 I Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014 — November 3, 2014-8:00 a.m. -5:00 p.m. — Except Sunday; Election Day, November 4, 2014-7:00 a.m. -7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014 — November 3, 2014- 8:00 a.m. to 5:00 p.m. —Except Sunday; Election Day, November 4, 2014-7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley—City Hall, 1000 10th Street, Greeley, CO Open October 14th— November 41h. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014 — November 3, 2014-8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144-7:00 a.m. -7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4of6 l Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsentos@co.weld.co.us Address: PO Box 459, Greeley, CO 80532 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: 3rtit R66inSal 144 Phone: 9 70` fl tL d Additional Contact Information: Sc Fax: $5 2'1'2') n' E-mail: r--6b .61.‘ S @, v.r nQ2 S v1/a/-1 0 rei Address: � C� O (-LA-0 rro� /v" �- - p �f va ID 7 2-- I DATED this j � day of 4 , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS F THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder ouglasademac e , Chair 3 X014 APPROVED AS TO 1: ATTEST: dial(44) � Clerk to the Board of County Commis my Attorney Deputy Cler t e oard j PAWNEE SCHOOL DISTRICT RE-12 #" APPROVED AS TO FORM: ATTEST: AA _ A torney for Jurisdiction (signatur Designated Election Official for Jurisdic ion (Signature) 6 of 6 ao14-3731) PUSiMI KISMU RuculvlD Memorandum of Intergovernmental Agreement AU 1 '14 AUG 2 2 'U For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT RE-1, hereinafter referred to aWILGtalatiNnIcEls001443t1S 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 4, 2014, 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 November 4, 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 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 1, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014 — November 3, 2014 - 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014 — November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014 - 7:00 a.m. - 7:00 p.m. 3 of 6 • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley—City Hall, 1000 10th Street, Greeley, CO Open October 14th — November 4th. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014— November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. -7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 _ Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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: Dr. Jo Barbie Phone: 970-737-2403 Additional Contact Information: Fax: 970-7R7-7c16 E-mail: barbiej@weld-re1 .k12 .co.us Address: P.O. Box 157, 14827 WCR 42 Gilcrest, CO 80621 DATED this 21st day of August , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE C• - ' TY OF WELD COUNTY Steve Moreno, Clerk and Recorder Dougla Rade acher, Chair ��,/ IL APPROVED AS TO F RM: ATTEST: [I �C ; 4 a'', Clerk to the Board of County Com ssi' : 1/42 1861 O unty Attorney Deputy Cler o the Board u WC' WELD COUNTY SCHOOL DISTRICT RE-1 APPROVED AS TO FORM: ATTEST: N/A l Attorney for Jurisdiction (Signature) Designated election O i ial f� o�i diction (Signature) 6 of 6 3D14-a7x Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT RE-7, 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 4, 2014, 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 November 4, 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 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014— November 3, 2014 -8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th — November 4th. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014— November 3, 2014 - 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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: Glenn McClain Phone: 970-336-8500 Additional Contact Information: Fax: 970-336-8511 E-mail: gmcclain@staff.pvs-k12.co.us Address: P. 0. Box 485, Kersey CO 80644 DATED this ✓ f day of c}ti`!}if_I"176°Y , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO Y OF WELD COUNTY Steve Moreno, Clerk and Recorder Douglas Radema her, Chair SEP G 3 2014 APPROVED AST M: ATTEST: • 11� Clerk tothe Board of County Com • et !; 44? unt ttorney Deputy Cler the Board • WELD COUNTY SCHOOL DISTRICT RE-7 APPROVED AS TO FORM: ATTEST: 9 . rn for Jurisdiction (signature) Designated Election Official for Ju i diction Attorney ( s ) 9 (Signature) 6 of 6 610H-ride Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT RE-3J, 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 4, 2014, 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 November 4, 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 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 4, 2014, 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 n applicable of the nominating petitions, as said tasks are set forth in any nof Title 1, Article IV, Parts 8 and 9, and 1-4-501, 22-31-103, and 22-31- provisions s §§ 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. c. Establish order of names ap� gg fog,Qurisdiction's portion of the ballot and "f f submit to the County Cleric-111' i m. `Fhe',bgth content, including a list of 1of6 AUG - 6 '14 c. - 7 '14 WELD COUNTY ELECTIONS Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 451h 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 Yz, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35`h Ave, Greeley, CO October 20, 2014— November 3, 2014 -8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 111h St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th - November 4th. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014— November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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 p p 9 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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: M tl-ea qq a f"i G/11, tt Phone: 30 • S/ Ct- I 1 Additional Contact Information: Fax: ? ` 63 lo`al')1 l.i E-mail: f et-ec tmV1ons • onn /,, Address: EQ. !� cA0 f 1�-Q�.necbcifj . AOS?15 DATED this 1-0111 day of AirT , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY SEP 0 32014 Steve Moreno, Clerk and Recorder Dougl s Radoncher, Chair APPROVED AS TO FORM: ATTEST: Clerk to the Board of County Com fr� C my Attorney Deputy Clerk (the Board �Ous WELD COUNTY SCHOOL DISTRICT RE-3J APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (signature) Designated Election Official for Jurisdiction (Signature) 6 of 6 2oiq-a�ad Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT RE-9, 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 4, 2014, 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 November 4, 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 O1m, 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 4, 2014, 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, G.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. G. 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 1 of Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of$1.00 per registered elector eligible to vote In the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. J •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. 2 of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 '/:, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St,Windsor, CO 6. Trinity Lutheran Church, 3000 35'" Ave, Greeley, CO October 20, 2014—November 3, 2014-8:00 a,m.— 5:00 p.m.—Except Sunday; Election Day, November 4, 2014 -7:00 a.m.-7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1, Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4, Kersey Town Hall,42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014 — November 3, 2014- 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. -7:00 p.m. 3of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Brlggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley—City Hall, 100010'" Street, Greeley, CO Open October 14`"— November 4`". November 4'"drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17"'Ave, Greeley, CO October 14, 2014— November 3, 2014-8:00 a.m. -5:00 p.m.--Except Sunday; Election Day, November 4, 20144-7:00 a.m. -7:00 p.m. j. 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. k. 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)). I. 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. in. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g)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. 5 off Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Notice provided for in this Agreement shall be given by the Jurisdiction to Rudy Santos of the Weld County Clerk end Recorders Office by phone: Phone: (970)304-6525, Extension 3178 Additional Contact information: Fax: (970)304-6566 E-mail: rsantoseco,weld.co.ue 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: -79-1VCSA Phone: q'lt,s• 41,,3'-1.1'iL9S Additional Contact information: Fax: gib-93'4-1- Mtn E-mail: (..ork)i\Xf2A.Sa£itS2c"Q. 1' Co.OS Address: Pr) 64), Y• tt1,-X'.) (p. WCob1Q DATED this Ora day of-15P-PC-Mb" ,2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUN F WELD COUNTY (-20�r`• 00 32014 Steve Moreno, Clerk and Recorder Dougl coacher,C¢ay as: y� � APPROVED AS TO FO • ATTEST: """' ' , I Eg Rea Cleric to the Board of County Commissi. ra • C p y reputy Cle •r a Board t .. WELD COUNTY SCNQOL DISTRICT RE-9 APPROVED AS TO FORM: ATTEST: (/ • a II 6,„ (\• p. IAA.`� orney r Ju I don(Sots) Desi aced Election Official for Jurisdiction (Sipnaluit) 6 of 6 ogolq-3720 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CITY OF DACONO, 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 4, 2014, 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 November 4, 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 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of$1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 351h Ave, Greeley, CO October 20, 2014— November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th— November 4`h. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014— November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos(cilco.weld.co.us 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: \fahY( e 1 citric Y Phone: 7 ? -k �3- 7,i-1 R/)3 J Additional Contact Information: Fax: -`C '3 - 2533-Sr.A 1 E-mail: V`*C ,' L.r l �' 4 cAc1c,ctitc : Cush T Address: i ,Hc ( S�(,i DATED this 3rd day of (Sepmbe/ , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS F THE COUNTY OF WELD COUNTY 0 Steve Moreno, Clerk and Recorder Doug asf tademach Chair S 0 3 14 APPROVED AS TO F ATTEST: d.atifN1/ "S'o'oe Clerk to the Board of County Corn ; tsf ktri % nt orney Deputy Cle to the Board tsn O CIT�;CNO ATTEST: '7/s, 171,A4 Mayor urisdiction (Signature) Designated Ele�ion Official for Jurisdiction (Signature) ll.... 6 of 6 Afiiii-a72 6 Rudy Santos From: Valerie Taylor [VTaylor@CityofDacono.com] Sent: Tuesday, July 01, 2014 11:00 AM To: Rudy Santos Subject: Notice to Participate in the November Coordinated Election Hi Rudy, Please let this email serve as notice that the City of Dacono will be participating the Coordinated Election. Thanks, Val Valerie Taylor, CMC City Clerk City of Dacono 512 Cherry Ave. Dacono,CO 80514 303-833-2317 x123 CITY OF COLORADO ESP. SgaO. 1 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CITY OF EVANS, 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 4, 2014, 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 November 4, 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 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 the Taxpayer's Bill o f Rights. Such Colorado Constitution Section 20, Article 10(3)(b), 9 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014— November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014-7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, /IW 37,9 Epai.757 November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 141h — November 41h. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014 — November 3, 2014-8:00 a.m. -5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. -7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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: l Designated Election Official for Jurisdiction: KM Ro�, Clef'' Clerk � ✓✓✓✓ /' Phone: "1 970-1(95-40 Additioo�nal Contact Information: Fax: 490 -33o-34'9 . r / E-mail: ��D.gr3�''-ff11 6i✓tl n-rai71'�da.9oV Address: 1100 3 /i-�t LIreef Cletuis, co 206'4o DATED this 3 day of Seel-cube/ , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY F WELD COUNTY ine.71-2 -`Q Cs l,s 4'CSd i t N Steve Moreno, Clerk and Recorder ouglajRademac er, Cha irAt 0 32114 APPROVED AS TO F ATTES1 Aeti ' Clerk to the Board of County C. !�'F, • ��` County rney Deputy Cler o the Board %%%OF E,V \iI f CITY OF EVANS (�P APPROVED AS TO FORM: ATTEST: 3 SEAL .. e S (17' . Attorney for Jurisdiction (signature) Des d Electi(SMr •.GOP& Jurisdiction (Signature) 6 of 6 a6/4-07-720 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Gilcrest, 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 4, 2014, 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 November 4, 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. 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`h 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014 — November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th- November 4th. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014— November 3, 2014 -8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantosco.weld.co.us 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: Gail Odenbaugh Phone: 970-737-2426 Additional Contact Information: Fax: 970-737-2427 E-mail: towntreasurerfttownofoilcrest.org Address: P.O. Box 128, 304 8th Street, Gilcrest, CO 80623 DATED this Ord day of Sykm ber , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS O THE COUNTY OF WELD COUNTY_...„,e-e-t-b•---4-- 7nt..9-1--0- 47- --- ( 4Q/1•V'EJA Steve Moreno, Clerk and Recorder Douglas f ademache , Chair S P 1 ^ ': .;� APPROVED AS TO F ATTEST: dord 4 A. "' '' .r., a Clerk to the Board of County _ m . •�� C ty ttorney Deputy CI to the Board `• ` J "'"i GILC4. g a•--C. 6S2CIAG c_, J e son, ay •'•:FirA ATTEST: Gail Odenbaugh, Ton Clerk •ir.-'''' APPROVED AS TO FORM: i., _ \ '''':.''''''''..".;00/ talz, ic Attorne for J isdiction Gail Odenbaugh, Designated coon Official 6 of 6 POSTMARKED RECEIVED Memorandum of Intergovernmental Agreement AUG 1 5 '14 AUG '- 6 '14 For Conduct of Coordinated Elections WELD COUNTY ELECTIONS The City of Longmont 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 4, 2014, 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 November 4, 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 November 4, 2014, 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., 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 § 1-5-403 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Colorado Constitution, Article 10, Section 20(3)(b)(v) . Comments to be accepted must be filed by the end of the business day 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 42 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 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. f. Accept affidavits of intent to accept write-in candidacy up until close of business on September 1, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 (g). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 '/z, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014 — November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday Election Day, November 4, 2013 - 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 1491— November 4th. November 4th drop box will operate until 7:00PM. I. One Drop Off Location, 1. Weld County Election Office, 1401 N 17`h Ave, Greeley, CO October 14, 2014— November 3, 2014-8:00 a.m. - 5:00 p.m. — Except Sunday Election Day, November 4, 2013 - 7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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(g) 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 H24-10-101 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantosco.weld.co.us Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election officer referred to in 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Valeria Skitt, City Clerk Phone: 303-651-8650 Additional Contact Information: Fax: 303-774-4721 E-mail: valeria.skitt@ci.Iongmont.co.us Address: 350 Kimbark Street, Longmont, CO 80501 DATED this 3rd day pkinbe�of , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE k COUNTY OF WELD COUNTY // ��'�— fklg (4410(02,1171 QQV aIU�� Steve Moreno, Clerk and Recorder ougla Rademacher, Chair SEP 0 �,� , APPROVED AS TO FO ATTEST: ♦. Clerk to the Board of County Co "ssi� F ,: .1861 '♦I�` Cou A orney meputy CI to the Board CITY OF LONGMONT iDe Mayor APPROVED AS TO FORM: AQF LoNo, ATTEST: '6))1SCakci Attorney f r J sdiction (Sign ture) 2: te Election Officiafor Jurisdiction nature) ebtOR Le 6of6 2 olH-a nO Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CITY OF NORTHGLENN, 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 4, 2014, 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 November 4, 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 Adams 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of$1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office(Del Camino), 4209 County Road 24 '/z, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014 — November 3, 2014-8:00 a.m. -5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 100 37th St, Evans, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014-7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley—City Hall, 1000 10th Street, Greeley, CO Open October 14th— November 4'h. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014 — November 3, 2014-8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144-7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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: Johanna Small. City Clerk ey Phone: 303-450-8757 Q. Additional Contact Information: N Fax: 303-450-8798 co E-mail: lsmall@northglenn.org Address: 11701 Community Center Drive/PO Box 330061 Northglenn, Colorado l� 80233 • DATED this 3ra day of Sep/ante , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS _t OF THE COUNTY WELD COUNTY Steve Moreno, Clerk and Recorder Douglas d o p p2 4 APPROVED AS TO F M: ATTEST: / 1 ) Clerk to the Board of County Co rssi re n Attorney Deputy Cler o the Board • *c l .r" ,✓ CIT OF NORTHGLENN APPROVED AS TO FORM: ,off y bowning, Mayor ATE T: Attorne fo risdiction (Signature) esi ated ection Official for Jurisdiction 6of6 POSTMARKED RECEIVED Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections JUL 2 2 '14 JUL 2 4 '14 TOWN OF SEVERANCE, hereinafter referred to as "Jurisdiction," dowey6yh1 't10ElaS with the Board of County Commissioners of the County of Wel ereinaffer referred- o as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2014, 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 November 4, 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 askd 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35th Ave, Greeley, CO October 20, 2014 — November 3, 2014- 8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 2014 - 7:00 a.m. - 7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11th St, Windsor, CO November 1, 2014— November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014- 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th — November 4th. November 4th drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014— November 3, 2014-8:00 a.m. - 5:00 p.m. — Except Sunday; Election Day, November 4, 20144- 7:00 a.m. - 7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos@co.weld.co.us 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: Patricia J. Lesh Phone: ( 970 ) 686-1 21 8 Additional Contact Information: Fax: ( 970) 686-6250 E-mail: clerk@townofseverance.org Address: 3 S. Timber Ridge Parkway , P.O. Box 339 Severance, CO 80546 DATED this 21 4t- day of J„ly , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS �' ! THE COUNTY OF� , (1 � WELD COUNTY 7721 Steve Moreno, Clerk and Recorder Dougl; Rad macher, Chair S P,0 ) �` APPROVED AS TO F RM: ATTEST: .—+�/ Clerk to the Board of County Co mi.. f Kr : s12Am V /1 Co ttorney CJ" ¢pvO CO th�:oard �� TOWN OF SEVERANCE O a p Z Q p APPRO ED AS TO FORM: O AriSSItir - . Attorney r Jurisdiction (signature) Designated Election Official for Jurisdiction (Signature) 6of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections TOWN OF WINDSOR, 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 4, 2014, 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 November 4, 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 Lill 114"-Of- 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 4, 2014, 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., 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 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of I of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day 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 42 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 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 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. g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 4, 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 Subsection 3(g) (h). 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 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. 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. j. 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. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. 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. 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 six Voter Service and Polling Center locations: 1. Weld County Training Center, 1104 H St, Greeley, CO 2. Southwest Weld Office(Del Camino), 4209 County Road 24 1/2, Longmont, CO 3. Ft. Lupton Recreation Center, 203 S Harrison St, Fort Lupton, CO 4. Erie Town Hall, 645 Holbrook St, Erie, CO 5. Windsor State Bank, 1130 Main St, Windsor, CO 6. Trinity Lutheran Church, 3000 35'h Ave, Greeley, CO October 20, 2014—November 3, 2014-8:00 a.m. - 5:00 p.m. —Except Sunday; Election Day, November 4, 2014-7:00 a.m. -7:00 p.m. e. Provide four Election Day Voter Service and Polling Locations: 1. Johnstown Community/Senior Center, 101 Charlotte St, Johnstown, CO 2. Platteville Town Hall, 400 Grand Ave, Platteville, CO 3. Keenesburg Town Hall, 140 Main St, Keenesburg, CO 4. Nunn Town Hall, 185 Lincoln Ave, Nunn, CO f. Provide five Drop Off Sites: 1. Milliken Town Hall, 319 Chatoga Avenue, Grover, CO 2. Carbon Valley Recreation Center, 450 Powers Street, Erie, CO 3. Mead Town Hall, 515 Leslie, Briggsdale, CO 4. Kersey Town Hall, 42315 Weld County Rd 133, New Raymer, CO 5. Evans City Hall, 250 11`h St,Windsor, CO November 1, 2014—November 3, 2014 - 8:00 a.m. to 5:00 p.m. — Except Sunday; Election Day, November 4, 2014-7:00 a.m. -7:00 p.m. 3of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Provide five Election Day Drop Off Locations: 1. Briggsdale RE-10J, 515 Leslie St, Briggsdale, CO 2. New Raymer Community Center, 25 Shirley Ave, New Raymer, CO 3. Grover Fire Station, 315 Chatoga, Grover, CO 4. Western Hill Fire Station, 1731 Cedar Ave, Greeley, CO 5. Greeley Funplex, 1501 65th Ave, Greeley, CO h. One 24hr Drop Off Location, 1. City of Greeley— City Hall, 1000 10th Street, Greeley, CO Open October 14th— November 4th. November el drop box will operate until 7:00PM. i. One Drop Off Location, 1. Weld County Election Office, 1401 N 17th Ave, Greeley, CO October 14, 2014 —November 3, 2014 -8:00 a.m. -5:00 p.m. — Except Sunday; Election Day, November 4, 20144-7:00 a.m. -7:00 p.m. j. 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. k. 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)). I. 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. m. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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 Subsection 3(g) 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. 5 of 6 I Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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: rsantos('co.weld.co.0 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 Agreeme� , ntby phone: Designated Election Official for Jurisdiction: r � } Ca-v C a -- Phone: 410 61k4 7)4 00 Additional Contact Information: Fax: ' -10 (o', z,(4 9 E-mail LL.C►.- e o. C Address. �)OLwk_L, DATED this 7. day of 1' , 2014. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Douglat Rademac r, Chair 5EP d 3 APPROVED AS TO ORM: ATTEST: -- •�` IL Clerk to the Board of County Corn .sio (1/42, Cou orney Deputy Clerk e Board '► � ( "# TOWN OF WINDSOR APPROVED AS TO FORM: ATTEST: Attorney for Jurisdictio (Signature) Designated E ion Official for Jurisdiction (Signature) 6of6 ,OViLIala6 Hello