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Home My WebLink About20122524.tiff Memorandum of Intergovernmental Agreement For Conduct of General Elections Town of Berthoud, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 L_A Q. 1 f YID F 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 6, 2012, General Election. rrl r C O 3. The Jurisdiction agrees to perform the following tasks and activities: _ o a. Conduct all procedures required of the clerk or designated electio office) for initiatives, referenda, and referred measures under the provisions of §?31 -101 through 31-11-118 and 22-30-104(4), C.R.S. w n rn b. To do all tasks required by law of designated election officials concerninifnohilnation 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 2012-2524 cc, e JR €1ccr,ons) 9- /‘/•-• /.;t c,9na7 Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45t1 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 '/z, Longmont, CO October 22, 2012,— November 2, 2012 -8:00 a.m. - 5:00 p.m. — Monday — Friday Election Day, November 6, 2012 — 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 Y2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35`h Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Mary K. Cowdin Phone: qtt 55 3), - 9CL LI 3 Additional Contact Information: Fax:4 5 -E%Lyc E-mail: Me,ni icLi O (cL be(+k\oVA. O fc j Address`-i-t)-t ci- la,a,C1 . 6H-hnutj . Cs) , gDS\ 3 DATED this it) day of #U.9iA St , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY `ft,a_ Meru2-.....e...r— 1 � - CiT Steve Moreno, Clerk and Recorder Sean Conway, Chair S 2012 APPROVED AS TO F M: ATTEST: 7fig- Clerk to the Board of Cou y ','.714; t ;.:, Cou t rney Deputy Clerl o the Board rr} Town of Berthoud .- APPR VED AS TO FORM: ATTEST: _rY )O, n U4-04.2-44---) Attorney r urisdiction (Sig azure) Designated E tion Official for Jurisdiction (Signature) 6 of 6 aoic2- 015ay EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans Cave Creek Club House 3400 Sagebrush Blvd , A T tlq � _Yr N_ .fi " {m !IR k C Cady ` YI #.C.� t�:.., 83 .': l n.?th'S: .v.Th. Iilie ,,h :' Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street i LI).„ i a .. Ire 4, '5a pi_ s i t�, {y inn 6*1�? t µ ig 4.T.. a " d... ili!n I,,,{�. :.,� '! IS P .4 I x 'y is 'r;it fi L. , Greeley Greeley Ice Haus 900 8t Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive ,. t x, ...t it`i-- I itigmoht , ; Sbtitli iest Wd €� tt . .r:,' € V ..d . t a s.;rr__,re #= :, . Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue t indt €.... . it stt . ..: a _ a, t t1 a� Windsor Tozer Elementary School , 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012 — November 2, 2012, Monday — Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. • Memorandum of Intergovernmental Agreement For Conduct of General Elections Briggsdale School Dist Re-10, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 gor j L� County. This Agreement shall be construed to apply only to that portie6 of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2012, General 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. I of 6 aoia-a-54Q; Memorandum of Intergovernmental Agreement For Conduct of General Elections c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45'" day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, 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. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont, CO October 22, 2012,— November 2, 2012-8:00 a.m. -5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3. Southwest Weld Office (Del Camino), 4209 County Road 24 1/2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35'"Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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. 6 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Rick Mondt Phone: 970 ‘C-C., 3-f 17 Additional Contact Information: Fax: C770 (O5 to 3 `I .N E-mail: rmondf61)1ir/y� c w/_ of Address: 55 /ps/id'? S /3n,f s Co 6// • ry DATED this // day of �.Y /JJrMi2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Sean Conway, Chair 7 2 APPROVED AS TO F ATTEST: Clerk to the Board of County Co rney Deputy Cle to the Board �{y (Y s' .•Briggsdale School Dist Re-10 ' APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (Signature) Desi nated Election Official for Jurisdiction (Signature) 7 of 6 a0/.&- `95a7/ • Memorandum of Intergovernmental Agreement For Conduct of General 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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: 'I (� g or�l in1. The Jurisdiction encompasses territory within Weld County and Adams 10L(.n i- `1 (l0u n rL� 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 6, 2012, General 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 aia-as)f Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 'h, Longmont, CO October 22, 2012,— November 2, 2012 - 8:00 a.m. - 5:00 p.m. — Monday — Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. - Monday- Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 '/2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Danvelle McCannon Phone: (9116) 3-2)c0- 4540 Additional Contact Information: Fax: 0816) 33O- A4(O 11 E-mail:cAnnecannhfZCC'_ewecA QYcr Address: 9-)709 W 22) - SA-- Circe. cc. 0 DATED this / / — day of , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY - Steve Moreno, Clerk and Recorder Sean Conway, Chair SEP 1 7' APPROVED AS TO FORM: ATTEST: I, 1 "\ ' '&4 %l' Clerk to the Board of County •.m s �t� "r to (i,c4 0� Co ttorney Deputy Clerk t fthe =oard � !u Central Colorado Water Conservancy District J-.. APPROVED AS O FORM: ATTEST: ttttttt Attorney for Jurisdiction (signature.? Z�� `Q�• '�jle t- 'L.-ction Offi al for Jurisdiction �Wt :C;Q�Si natur •' 92 � AL o ilk 1865 •y, 6of6 . •C0RA .%' %%%%%%II'l%%.• • EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3ra Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans Cave Creek Club House 3400 Sagebrush Blvd ,:e .:. n e ✓ ... a @ i o,y# e vri.ir5S'u '�� ,,.ax{EQ�P „�.., .. Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street ' EYE' tit : ,lyH,Q" ® •"� [a fiy;,1''' u t .. I aSI ifi a r T7 }� t. , ..I y „ ft ._. .;d . Greeley Greeley Ice Haus 900 8' Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20'h St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoqa Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive .` g eld: ' ..” IFii ' ' ".r Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue �t11 #8#i V tpdsrtrlS` rant ire stair:O4i . . : 7 :.. Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012— November 2, 2012, Monday — Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. • Memorandum of Intergovernmental Agreement For Conduct of General Elections Groundwater Management Subdistrict, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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: 11 rnOiT 1C 1. The Jurisdiction encompasses territory within Weld County and mY1s wu fl &rt\ @nun c County. This Agreement shall be construed to apply only to that portion of the Ju sdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2012, General 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO October 22, 2012,— November 2, 2012 - 8:00 a.m. - 5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 1/2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35`h Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Danvelle McCannon Phone: (MO 3U-44C Additional Contact Information: Fax: CCM) ? ?o-4S4-(c E-mail:CMeeahfC)n&V eQ`u=�d • &rc� Address:-J2C \J• 7`�+SST (- true I ee-( n7 l-- r DATED this /7 4q day of 60414-e2..,) , 2012. WELD COUNTY OU CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS �/�-Q- OF THE COUNTY F WELD COUNTY Steve Moreno, Clerk and Recorder Sean Conway, Chair SEP APPROVED AS TO FORM: ATTEST: .*'� .. Clerk to the Board of Cou ty C y Attorney Deputy Cler o the Board °ti Groundwater Management Subdistrict APPROVED AS TO FORM: ATTEST: 1, T• Attorney for Jurisdiction (Signature) ` Qom:• X action O icial for Jurisdiction = 3: trAL ?t ; 1873 Lei 6of6 • ,CO(ORrk. %%%%%% 0260 a5. � EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street w Evans Pos � ( Cave� Creek Club XHouse }hHk ty 3400 Sagebrush Blvd Fo t L l ton i1 1.i� „16 4i4i11'rli i@i 1 er tl 1}r .,{{1�. ... ,91. :, !i. ;ry Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street r t r i f ffl ' Luther A k t....... ...... . . . Ti {o,{_ i f a I y Greeley Greeley Ice Haus 900 8t Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive Lartgltlortt ei° . t 24' Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue 4ritf`,« ' '£!Y `t't1 + - ... . eitr i , r m!: Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012— November 2, 2012, Monday — Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. Memorandum of Intergovernmental Agreement For Conduct of General 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 r " County. This Agreement shall be construed to apply only to that portion of thewiseliction within Weld County. — O J n 2. Term of Agreement: This Agreement is intended only to deal with the concQdCt sthe November 6, 2012, General Election. .� W NCI" 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 ow/O7_ asRy Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`" day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 171h Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 ' , Longmont, CO October 22, 2012,— November 2, 2012 - 8:00 a.m. - 5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 1/2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5of6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Valerie Taylor Phone: R3- 1;33 Q2, L7 >C1,3 Additional Contact Information: Fax: 3(5 & 3" .66)38 E-mail: 11+0.40Y- C--1A'L4J0JriCLLe314-o Address: 1-S otn i0A-Uc "e- becro , J ( O CDR IL/ DATED this /7 - day of `S iitiel , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY at PLO, 0 P Steve Moreno, Clerk and Recorder Sean Conway, Chair SE' 642) APPROVED AS FORM: ATTEST: Clerk to the =oard of Coun Co( is n ,,y 1861 tLj C n y Attorney Deputy Clerk:the BoardOrli kit ♦� `' City of Dacono PROVED AS TO FOR :n`] ATTEST: A77 Attorney fo risdicti ignature) Designat Elect o Official for Jurisdiction (Signature) JJJ 6 of 6 070/27-'9-5a9 EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3`d Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37`h Street Evans Cave Creek Club House 3400 Sagebrush Blvd Fo 4,Lupton o 'o .. ec t,.., i .�.' tx-di$C a^[. F' s$,hg�s ,Sy,�y rF ' ,: Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valle Recreation 701 5`h Street _e ( arVf !*5 'I 9 6 .0 Greeley Greeley Ice Haus 900 8` Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20Th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank &Trust _ 4601 West 201h Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive Longmont SouthwestWetd Oni (0„t,;tatm no? :- ' tr # Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue ►iYt r Ss*rance ate* fiat I1I' Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012 — November 2, 2012, Monday — Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. Memorandum of Intergovernmental Agreement For Conduct of General Elections Town of Erie, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 Ppt _)d.L'T 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 6, 2012, General Election. rn 3. The Jurisdiction agrees to perform the following tasks and activities: p O n a. Conduct all procedures required of the clerk or designated election roffictaf for initiatives, referenda, and referred measures under the provisions of §§11-1101 through 31-11-118 and 22-30-104(4), C.R.S. -D b. To do all tasks required by law of designated election officials concerning n8-ninAfon of candidates by petition, including, but not limited to: issue approval as to foro, 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 �O/01 -ccSay Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont, CO October 22, 2012,— November 2, 2012 - 8:00 a.m. - 5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 Y2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Nancy Parker Phone:3 3 qZ(o 21 31 Additional Contact Information: Fax: 303 61 2 c- 27 010 E-mail: V) RYkQCceyie_u.c�GV Address: I'D ?AL "}5b C r/ to Co g051b . DATED this // day of 6/0t4QA) , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY ejet7-1,-c. rheri_SZ-r%cr Steve Moreno, Clerk and Recorder Sean Conway, r $ APPROVED AS TO M: ATTEST: Clerk to the Board of County C. mi am IQ 1/42 Co my Attorney Deputy Clerk :the Board ' Ul err Town of Erie APPROVED AS TO FORM: ATTEST: 4111(-4-0 . Attorn y for Jurisdirtio (signature) � D sign d Iection Official for Jurisdiction (Signature) 6 of 6 EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans Cave Creek Club House 3400 Sagebrush Blvd Fort t:tuPton Fort Lupton R at Center*:l it t-'.1: i vat Frederick Tri Town Baptist 420 Johnson Street y�Fvvrederick Carbon Valley Recreation701 5th Street � „Gibe-4w y Traifn i ieel�'ttTi' i i , .txxx ' 'I-y.,, ii k,c5I e u'�if r ' ei "t'ir it .t tt rrt r ......................................................6 r it AI.. /n m ey Greeley Greeley Ice Haus 900 81 Ave, Greeley Greeley Farr Branch Library 1939 61s' Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. le Avenue Grover Grover Fire Hall 319 Chatoqa Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive sp Irrn Longmont Southwest tr ., att`tli *. l 'i ... _ ,.3d, , Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue Y,ttt r .: iC1Psb r r tr a r0sf t '#'C ., ._''` 7sm5 € 6 E...... Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012— November 2, 2012, Monday— Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. • Memorandum of Intergovernmental Agreement For Conduct of General Elections The 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 6, 2012, General 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including I of6 ,9D/ - O7,5)g Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, 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 The City of Evans conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17`" Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 '/z, Longmont, CO October 22, 2012,— November 2, 2012 - 8:00 a.m. - 5:00 p.m. — Monday — Friday Election Day, November 6, 2012 — 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday — Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3of6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 / , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7`h Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any The City of Evans 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 General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Jessica Gonifas Phone: q1Q _9-)5 _ Ho (Q Additional Contact Information: Fax: 9-10 4-5 I Iq LJ E-mail: ' 3tctcctsQC ..e`„Qf1`.00�`US Address: Hon `31.J)' 4�s2 C) t cntiy p CM 9'0(02 • �J Z� DATED this /( day of 69 _- i_), 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Sean Conway, Chair S • 1 7 2.va APPROVED AS TO FOR : ATTEST: a Clerk to the Board of County Co ass • e 961 r) • Co y A torney Deputy Clerk : the Board kJ City of Evans APPROVED AS TO FORM: ATTEST: • • Attorney for Jurisdiction (Signature) Designated lection cial r Jun diction (Signature) 6 of6 Q©/a- '� EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Bricldsdale I Briggscale RE-10J 515 Leslie Dacono I Dacono City Hall 512 Cherry Street I Eaton Evangelical Free Church of Eaton 1325 3'' Street I Erie I Erie Community Center 450 Powers Street Evans Evans Community Complex 1 100 37'' Street Evans Cave Creek Club House 3400 Sagebrush Blvd Fort Lupton Fort Lupton Recreation Center ' 203 S Harrison Ave , Frederick ! Tri Town Baptist 420 Johnson Street Frederick 1 Carbon Valley Recreation 701 5"` Street Greeley Training Center 1104 H Street Greeley Trinity Lutheran " 3000 S. 35`" Avenue, Greeley Grewev Gree:ey Ice Haus 900 8'" Ave. Greeley } 'Sreeiey Farr B,ancir Library 1939 61 Avenue Greeley Bonetl Good Samaritan Community 708 22' St _ ur�:::let Western Hills Fire Protection 1731 Cedar Ave i Gree1oy UNC UNC Center 10r• Ave & 20.` St { Greeley { Greeley Family Funble,X 1501 65"Avenue Grectoy i Cache Bank & Trust _ 4801 West 20" Street • Greeiey Even: Center at Island Grove 501 N. 14"'' Avenue 1 Grotvor Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Cam rnrnity'Senlor Canter 101 Charlotte Street t<eeneSuurg Keenest)ur'q Town Hall 140 S Main Street. Kersey Kersey Community Church South First Street. Kersey LaSalle; La Salle Town Hall 128 N 2`� Street L o hbJie ! _ochbuie Senior Center 501 1A/irowv Drive Longmont Southwest Weld Office (Del-Camino)" 4209 Weld County Rd 24 ! Mead I Mead Mmdthe SChotl. 620 Welker Avenue t Milliken Mill,ke:n Town Hall 1 101 Broad Sl New Raymer Prairie: High School 42315 Weld County Rd 133 `..lunn i:urur Town 'lets 185 Lincoln Avenue Platteville Platlevi!lo Town Hall 400 Grand Avenue Windsor Windsor/Se erarlco Fire Station 1' j 100 7'' Street Windsor 1ozor Elementary School 501 Oak Street Thu five (5) Early Vote Centers ,..;ill be open October 22, 20 t2 - November 2. 2012. Monday - Friday: 8:00 a.m. to 5:00 p.m. All 33 Vete Centers will be open on Election Day, Novenlhe,r 6. 2012• from 7:00 a.rr. to 7:00 p.m. •l lr' e4111111 1. r:rrt or the \Ic'rrlttt:rrlllttrll itl llltel,:ol ermenl:l! :\•`r:eilll'llr for ('nitdlli'l or Nleilltln ;o the 201 2. c it'll.'r::l Flt'ctmn:1. Memorandum of Intergovernmental Agreement For Conduct of General Elections City of Firestone, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 6, 2012, General 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 d/a-asy Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`' day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO October 22, 2012,— November 2, 2012 -8:00 a.m. - 5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. - Monday - Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 Yz , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35`h Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7'h Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Rebecca Toberman Phone: 3G) • -S 11 - L)L Additional Contact Information: Fax: 3a3 833 4813 E-mail: RNA rev-cr. E c co reJfc^e . (a . (.. J, Address: ISi brc.r Ace Pc R0-6. too n a DATED this // day of , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY rkl Steve Moreno, Clerk and Recorder Sean Conway, Chair SEP i �\ La%. APPROVED AS TO FORM: ATTEST: Clerk to the :oard of County C m it O Ito C Attorney Deputy Clerks the Board (�� .? T City of Firestone A ROVED AS TO FORM: ATTEST: 142 Attor y for Juris fiction (signature) Designated Election Official for Jurisdiction (signature) 6 of 6 070/x? say EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briqqsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3`d Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans Cave Creek Club House 3400 Sagebrush Blvd Fit^Lt tarn Fort Lu Center . t: , d�,rAve Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street � t dt ............................. +o r ii . . -uTA_. . . rely Greeley Greeley Ice Haus 900 8'' Ave, Greeley Greeley Farr Branch Library 1939 615' Avenue Greeley Bonell Good Samaritan Community 708 22'd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive Longmont . Southwest fe d Of .(Del Camino)* '' 4209eI C y d 24:."/2 Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue wimsnr.y --. '.,.-..-,-. ,, wtindsod a stles'Fir tfbef it ... .. Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012 — November 2, 2012, Monday— Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. Memorandum of Intergovernmental Agreement For Conduct of General Elections City of Ft. Lupton, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 portio e Juris is ion within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2012, General 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO October 22, 2012,— November 2, 2012 - 8:00 a.m. - 5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 Y2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4of6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Nanette Fornof Phone: 1/4--\\%Akv \I- %\.\\,,, Additional Contact Information: Fax: ..'c ‘`7,C\ rj\ E-mail: `c&cw6 c.tY'\\LU. pN1. O"\C\ Address: \ & 't &\)&u � a�. c ceDATED this \3" day of\�u , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Sean Conway, Chair SEE 7! APPROVED AS FORM: ATTEST: 1 A' a Clerk to the Board of County v.m s°4=;:s• s- ♦,.�� f k 1 1L �2�� // /d 4 ,.y 4 ty Attorney Deputy CI- to t e Board , fril J►, : ,. . City of Ft. Lupton -Not y1_ APPROVED AS TO FORM: ATTEST: r o f urlsdlctlon (Signature) Design Election Official f Jurisdiction (Signature) 6of6 a9ra -a5,9y EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans Cave Creek Club House 3400 Sa.ebrush Blvd F+ !;Upton tJP, 1t4xi 4;frr r#i8t::: . .... ,'P�� . Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street C*a...- °[r s ,U ... . .af1_ ... i .. ° � w , : `fie rE Ee Greeley Greeley Ice Haus 900 St Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive L,.i� 4! £�, ,f: t h lilt :. ! pn# :1 etd S he.t YekCa1.1 lno . A9 , . . :rt '#4d 24 Va Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012— November 2, 2012, Monday — Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. . { • Memorandum of Intergovernmental Agreement For Conduct of General Elections Ft. Lupton School District Re-8, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 ascfollows: 1. The Jurisdiction encompasses territory within Weld County and (i€kt -QQU ohm( Dis wsi 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 6, 2012, General 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. - m a b. To do all tasks required by law of designated election officials concerninio ration of candidates by petition, including, but not limited to: issue approval as to-#xnr vhere appropriate, of nominating petition; determine candidate eligibility; receive ciidate acceptance of nominations; accept notice of intent, petitions for norf)atipq, and affidavits of circulators; verify signatures on nominating petitions; NO hRar any protests of the nominating petitions, as said tasks are set forth in a y aelicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-108;arW22-31- 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including I of 6 as/g-d5? Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 A Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17'" Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 241/2, Longmont, CO October 22, 2012,— November 2, 2012 -8:00 a.m. -5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 Yz , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 a Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Wendy Sarazen Phone: 300o'g5'1 - X203 Additional Contact Information: Fax: 303- 351 -321 E-mail: O arotei c+Lu1 rtcn. tit co .G15 Address: L-P.,et.j 6005 t• For-I- Lu.pi-on, C© SC'1,1 DATED this , 3 day of I4ugrk9+ , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Sean Conway, Chair $ • 2012 i APPROVED AS T RM: ATTEST: Clerk to the Board of County C• {1 CC` y Attorney Deputy Cler o the Board Ft. Lupton School District Re-8 .ttjtLY " APPROVED AS T FORM: ATTEST: $4 torney for Jurisdiction (Signature) Design. ed El tion Official Jurisdiction (Signature 6 of 6 o90/2 -a5a7 • EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans Cave Creek Club House 3400 Sagebrush Blvd Fort Lupton , Fort Lupton Recreation Center* 203 S Harrison Ave Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street Greeley Training Center 1'104,FI Street Greeley Trinity Lutheran * 3000 S.$5tt`Avenue, Greeley Greeley Greeley Ice Haus 900 eAve, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65t'' Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive Longmont Southwest Weld Office (Del-Camino)` 42e9eld County Rd 241/2 Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue Windsor Windsor/Severance Fire Station #1* 100 7th Street ...,.._... . Windsor - Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22. 2012 - November 2, 2012, Monday— Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. Memorandum of Intergovernmental Agreement For Conduct of General Elections School Dist RE-1, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 ofae 3 isdiction within Weld County. ^' r0 G C'1 2. Term of Agreement: This Agreement is intended only to deal with the ggidln of the November 6, 2012, General Election. D R' 3. The Jurisdiction agrees to perform the following tasks and activities: 70 C rr 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 0719/07 -asaL Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO October 22, 2012,— November 2, 2012 -8:00 a.m. -5:00 p.m. — Monday — Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 '/2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7'h Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Dr. Jo Barbie Phone: `(70 -73 7- a-13 Additional Contact Information: Fax: 9 7t) - 737 - 1112 8 E-mail: ` ,c}a' "e[ ct- r?I• co u S Address: I) G \ bx 157 Icrest3 ( 0 SO e) DATED this /8IK day of c , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Sean Conway, ir � S P 012 APPROVED AS TO F RM: ATTEST: r • Clerk to the :oard of Co my Co •u -.4,147) my Attorney Deputy Cle to the Board School Dist RE-1 0irrit APPROVED AS TO FORM: ATTEST:LL Attur,rcy fur Jurisdiction (34!attire) I Designate ection Official for Jurisdiction R 0.r- GA Os cb.S,&, (Signature) U l 6 of 6 c©ia- as?f r • EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3`d Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans „as Creek Club House 3400 Sacebrush Blvd a..m .,,,.. IcJrt : r Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley ylecreation 701 5th Street y € s4t! 4ir tt Greeley Greeley Ice Haus 900 8`h Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive f t tznt $ .... t tI 3fffb1§CfhiG ntl*., 3.-_. .. .. :. Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue 5e:L:b :G' G4 Sf?t'ili ."" F :. Xfx6 -fii V Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012 — November 2, 2012, Monday — Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. Memorandum of Intergovernmental Agreement For Conduct of General Elections Weld County School Dist. 6, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 [\�A 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 condatt oft;the rri November 6, 2012, General Election. r— 3. The Jurisdiction agrees to perform the following tasks and activities: N o n a. Conduct all procedures required of the clerk or designated electiorVofflotal for initiatives, referenda, and referred measures under the provisions of f§ 3141-101 through 31-11-118 and 22-30-104(4), C.R.S. p rn o n 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including I of 6 090/07—c475077 Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104. or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17`h Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 241/2, Longmont, CO October 22, 2012,— November 2, 2012 - 8:00 a.m. - 5:00 p.m. — Monday — Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 1 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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 officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Bernadine Barea Phone: Clip k 11- Additional Contact Information: Fax: glb • 14C. G20%O E-mail: 17blletaZof�C1.O�ScIw��S•o' Address: `QZ 5 (vkkt-t 7 ie..nU•Q Getle„j , Ca ' t4V DATED this tkil' day of 940,9 t t S"t- , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Sean Conway, it $ 212 APPROVED AS TO FORM: ATTEST: Clerk to the oard of County C igsiof C y tt rney D putt' Clerk the Board <. a �k t 9t' Weld County School Dist. 6 �c�t , APPROVED AS TO FORM: ATTEST:`v A C2 `,,Attorney for Juris fiction (Signature) Designated Election Official for Jurisdiction (Signature) 6 of 6 a1W. - a./y EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street �Eavasn[[si� Cave'"�yV' Creek Club House ;3400 Sa�pe�brush Blvd Fort Lupt .. „Forth' " ., i� _.` a ...._... " '�+ i. i4„S",(t`s0� 1.' t te , Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street GV . �. I r to Y S s.. r t'w tpi 0 `,°• . I .: {��6 i7 ......). !t ..... .: ...2vt. �� ..i, e X "Y aMiry Greeley Greeley Ice Haus 900 8t Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank &Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive Longmont ,_ , ff. . tt t (i (D :Ga tbI . ...L940- . . r�i Rd a, Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue Windsor W # r# eStonOeff tatton#1 .-:.--I'„ " . ' Windsor Tozer Elementary School 501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012— November 2, 2012, Monday— Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. • Memorandum of Intergovernmental Agreement For Conduct of General Elections City of Longmont, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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 6, 2012, General Election. rn r- 2°. O 3. The Jurisdiction agrees to perform the following tasks and activities: o n N 0 a. Conduct all procedures required of the clerk or designated election offigl for initiatives, referenda, and referred measures under the provisions of K}31,P4-101 through 31-11-118 and 22-30-104(4), C.R.S. N F' ca rn b. To do all tasks required by law of designated election officials concerningrionnThation 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 a0/a-0250 Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, Coordinated Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, Weld county Election Manager (see contact information in 5(g) of this Agreement) of any changes to the information in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, obtain, and return mail-in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 'A, Longmont, CO October 15, 2012,— November 2, 2012 -8:00 a.m. - 5:00 p.m. — Monday— Friday Election Day, — November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 5, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 '/2 , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35'" Avenue, Greeley, CO 5. Windsor/Severance Fire Station #1, 100 7'" Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. Designate Rudy Santos, Weld County Election Manger, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 • Memorandum of Intergovernmental Agreement For Conduct of General 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(a)co.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(i) 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.skittci.lonomont.co.us Address: 350 Kimbark, Longmont, CO 80501 DATED this �7-day of 4kier , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Jerk and Recorder Sean Conway, Chair SEP APPROVED A TO FORM: ATTEST: �;�.► , Is , Clerk to the ;.;r. of Co nt o 61 t 41/42 ounty Attorney Deputy Clerk • the Board ¶( CITY OF LONGMONT 0"� '70 r APPROVED AS TO FORM: ATTEST: NO* Attorney for Jurisdiction (Signature) Designated Election Official for Juris.•cti •�� (Signature) COLOR 6 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections St. Vrain Valley School Dist RE-1J, 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 6, 2012, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 6, 2012; 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, Boulder County, Larimer County, and the City and County of Broomfield. 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 6, 2012, General 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 §§,., 1-1101 through 31-11-118 and 22-30-104(4), C.R.S. m r O b. To do all tasks required by law of designated election officials concerningwcmmirretion of candidates by petition, including, but not limited to: issue approval as to fptm,%here appropriate, of nominating petition; determine candidate eligibility; receive cans date acceptance of nominations; accept notice of intent, petitions for nomirlatior sand affidavits of circulators; verify signatures on nominating petitions; and=heRe any protests of the nominating petitions, as said tasks are set forth in any ppggable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, d Q2.731- 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 § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. i. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail-in ballots: 1. The Weld County Election Office, 1401 N. 17`"Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 'A, Longmont, CO October 22, 2012,— November 2, 2012-8:00 a.m. - 5:00 p.m. — Monday— Friday Election Day, November 6, 2012 - 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: 1. Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 ' , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 359h Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7th Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch-screen voting machines or dropping off their mail-in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. 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. h. 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. j. 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time Of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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(h) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General 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(i) of this Agreement by phone: Designated Election Official for Jurisdiction: Therese M. Schueler Phone: 303-682-7203 Additional Contact Information: Fax: 303-682-7343 E-mail: schueler terryAsvvsd.orq Address: St. Vrain Valley School District 395 South Pratt Parkway, Longmont, Colorado 80501 DATED this day of , 2012. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY J Steve Moreno, Clerk and Recorder Sean Conway, Chair SEP 112 APPROVED AS TO RM: ATTEST: --oat Clerk to the Board of County C't� / 4 C fy ttorney D-puty Clerk he :oard r St. Vrain Valley School Dist RE-1J APPROVED AS TO FORM: ATTEST: t71L'—t---11SOLVV ?13-13-- Designated for Juris lion (Signature) Designated Election Official for Jurisdiction (Signature) 6 of 6 EXHIBIT A 2012 General Elections Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37th Street Evans Cave Creek Club House 3400 Sagebrush Blvd �.� u,� r«- � F° a � �cyra��- Pa Ltpton ,.=. 161 Lup n 4:d art WCertter"' ., r ,,2 , '.1�iarnson Ave Frederick Tri Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5th Street Greeley , TrarninP,Gentr3r u ..t., .. , 1¶04JHIStreet Greeley 'TfiriltV:L'Utfierraift;Zniet4E:-..z.ri .. 30 0 S* 35m 4venue, G`ree1e ` Greeley Greeley Ice Haus 900 8th Ave, Greeley Greeley Farr Branch Library 1939 61st Avenue Greeley Bonell Good Samaritan Community 708 22nd St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC UNC Center 10th Ave & 20th St Greeley Greeley Family Funplex 1501 65th Avenue Greeley Cache Bank & Trust 4601 West 20th Street Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chatoga Avenue Johnstown Johnstown Community/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive Longntor f .Southwest e r i'ce ([J„ y—arrtin }~ ? 209; , e.cJ,coonty RdfAJ Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Raymer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hall 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue c" y�vh. } M �auq. ^um Y. i Tindt .r _am" El esSt to tort QC Z eet` . , Windsor Tozer Elementary School 501 Oak Street Early Vote Centers This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. 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