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Home My WebLink About20112380.tiff Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT 27J (Brighton), 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 § 1-7-116O), 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 k_k_L�11-N V" 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerninggomtion of candidates by petition, including, but not limited to: issue approval -es t rm, where appropriate, of nominating petition; determine candidate eligibi r?eive candidate acceptance of nominations; accept notice of intent, p dorm for nomination, and affidavits of circulators; verify signatures on nominatingapetititns; and hear any protests of the nominating petitions, as said tasks are set fh ;any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 31p103, and 22-31-107, C.R.S., and those portions of the Colorado Municipal Eleaon 5iode of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-808C. . c. Establish order of names and questions pursuant to § 1-5-406, C.R.S., 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 1 of 6 Mooa6 cc ; eyg 2011-2380 9. 7-i,' Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement • For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17— October 31, 2011- 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 -7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday— Friday—8:00 a.m. -5:00 p.m. • Election Day — November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 %, Longmont, CO • Monday— Friday—8:00 a.m. -5:00 p.m. • Election Day — November 1, 2011 - 7:00 a.m. -7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9`h Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: '9)) (o � 'X\t , fax: U) b53 � E-mail: L s -4r, and Address: ti) •C f-Thtty 1`%csesi \ ,t1t G 'av kaW-clik\ C\1O(1) \ 5 of 6 Memorandum of Intergovernmental Agreement , For Conduct of Coordinated Elections DATED this _ day of cC`ck. �<�� ` , 2011. '. ) WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY 00/ Steve Moreno, Clerk and Recorder arbara Kirkmeyer,/Chair / SEE i CU i i APPROVED AS FORM: ATTEST: ��--a hrO Clerk to the Board of County Commissi�-s „--<-74- 2/ �� E le { • C my Attorney Deputy 141-rk to the Board J 1861 ( a`, %t WELD COUNTY SCHOOL DISTRICT 27J (Brighton) ® I~ , APPROVED AS TO FORM: ATTEST: ima ,,,- . „ c-:„ , , Attor or Jurisdictio (Signature) Desigrdat d Election Official for Jurisdiction (Signature 6 of 6 ‘90//-,23gD Memorandum of Intergovernmental Agreement For Conduct of Coordinated Eleotwns `. WELD COUNTY SCHOOL DISTRICT RE-8 (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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant'to its statutory authority'or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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=111113), 1:7-11.6, 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 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, C.R.S., 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 1 of 6 POSIMARktil tolisillib!! AUG 1 7 '11 AUG 1 8 '11 WELD COUNTY ELF(:TInNc Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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.less than ,....-. ,. 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's 'Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as 'Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i�.. T.he. 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" 2 of 6 • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" who shalt 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25`h, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 171°Avenue, Greeley CO • October 17—October 31, 2011-8:00 a.rn. 5:00 p.m Monday Fiiday • Election Day—November 1, 2011 -7:00 a.m.-7:00 p.m. • The Southwest Weld Office(Del Camino), 4209 County Road 24 Ya, Longmont, CO • October 17—October 31, 2011 -8:00 a.m.-5:00 p.m.— Monday— Friday • Election Day—November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office(Ft. Lupton),2950 9th Street, Fort Lupton, CO • October 17—October 31, 2011 -8:00 a.m.-5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 - 7:00 a.m.-7:00 p.m. 3of.6.. . _ .. .. . Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • ' • ' • The Weld County Election Office, 1401 N. 17`h Avenue, Greeley, CO • Monday—Friday--8:00 a.m.-5:00 p.m. • Election Day—November 1, 2011 —7:00 a.rn.-7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24'/2, Longmont, CO • Monday—Friday—8:00 a.m.-5:00 p.m. • Election Day—November 1, 2011 --7:00 a.m.-7:00 p.m. • The Southeast Weld Office(Ft. Lupton),2950 9'h Street, Ft. Lupton, CO • Monday— Friday—8:00 a.m.-5:00 p.m. • Election Day—November 1, 2011 -7:00 a.m.-7:00 p.m. :. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law, . h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1a, the County Clerk agrees to comply with the requirements of U.S.G. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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..:.,. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505.1. Should there be an irreconcilable„conflict, between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by e,defect in . the election conducted pursuant to this Agreement with no fee assessed f'd the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. .. „> f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: , fax: E-mail: and Address: Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections „ . . ,.... . DATED this U day of BUBO lr�i , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF W$LD COUNTY t Steve Moreno, Clerk and Recorder ,'Barbara Kirkmeyer, air . Q. $ APPROVED AS TO F M: ATTEST: • Clerk to the Board of County Corn r 11161 � ?mow-) •; Co Attorney Deputy _ erk to the Board i ®-hrt -I WELD COUNTY SCHOOL DISTRICT RE-8 (Ft. Lupton) APPROVED AS TO FORM: A ES : /�/Vl�/ 4/111 ttorney for urisdiction (Signature) Designated EI,tctio iffici or urisj'on (Signature) 6 of 6 Roil-.23So w Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT RE-1 (Gilcrest), hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 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, C.R.S., 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 I of 6 a2oN-a3&t Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-la, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer' 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17—October 31, 2011- 8:00 a.m. - 5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday— Friday— 8:00 a.m. — 5:00 p.m. • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • Monday— Friday — 8:00 a.m. — 5:00 p.m. • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. — 5:00 p.m. • Election Day — November 1, 2011 — 7:00 a.m. — 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-la, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: gl70-1 37- `FO5 , fax: Q1D -737 -aS / /o E-mail: bol / •and -tOrew t '-V0 d_YeI. K/a4 Co , 1C5 Address: P 0 • /5 7, C O V)14 • 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder /&rbara Kirkmeyer', Chair aiEP - 7 201 s APPROVED AS TO FOR • ATTEST: Clerk to the Board of County Co Eta 1A-1 a . �ti � 1161 Co ' y Attorney Deputy CI: to the Board I �, WELD COUNTY SCHOOL DISTRICT RE-1 (Gilcrest) APPROVED AS TO FORM: ATTEST:A/AAA • r Designa9d Election Official for Jurisdiction (Signature) g4rtir6( a4- z Ltc4,,11-f•on 4'CS'deM- 6 of 6 „Q6/1-a3it Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT 6 (Greeley), 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 y^ 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 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, C.R.S., 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 1 of 6 aei/- 238b Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer' 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 251h, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17—October 31, 2011- 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1, Longmont, CO • October 17—October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17—October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday— Friday— 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 241/2, Longmont, CO • Monday — Friday — 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Ft. Lupton, CO • Monday — Friday— 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointmentS, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall Ibe given to the Jurisdiction at: Phone: ``a_1O j34'6 ' 1o_&�It- , fax: RTh{ 1�" (.0.-6SO , E-mail:bbC11-eap°�feei��tUeS gind Address: \ Z-3 (,n+k ,Avity-Wce- Gr-tdt,tCt solo3i 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Barbara Kirkmeyer, C air ccp _ 7 2011 APPROVED AS TO FO ATTEST: Clerk to the Board of County Co( is(itt�: t tit 4 Co y Attorney Deput lerk to the B•cc rd 1 ® WELD COUNTY SCHOOL DISTRICT 6 (Greeley) APPROV D AS TO RM: ATTEST: 1-4 Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction (Signature) 6 of 6 A Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT RE-1J (ST VRAIN), 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 § 1-7-116O), 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: Boulder, Larimer, and 1. The Jurisdiction encompasses territory within Weld County and City & County of Broomfield 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4), C.R.S. To do all tasks required by law of designated election officials concerning nomination Lti t4:3 of candidates by petition, including, but not limited to: issue approval as to form, .t where appropriate, of nominating petition; determine candidate eligibility; receive Y Q. candidate acceptance of nominations; accept notice of intent, petitions for -J ✓ to nomination, and affidavits of circulators; verify signatures on nominating petitions; o — and hear any protests of the nominating petitions, as said tasks are set forth in any o to 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, C.R.S., 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 1 of 6 02 O//- 42.380 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-la, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25`h, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17`h Avenue, Greeley, CO • October 17—October 31, 2011-8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont, CO • October 17 —October 31, 2011 -8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. 3 of 6 . r Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17`"Avenue, Greeley, CO • Monday— Friday—8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • Monday— Friday— 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Ft. Lupton, CO • Monday— Friday — 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantosco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 303-682-7203 , fax: 303-682-7343 E-mail: schueler terry@svvsd.org Address: 395 South Pratt Parkway Longmont, CO 80501 5 of 6 a Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS �-� OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder 7B-arbara Kirkmeyer, Cnair cEP -/7 2011 APPROVED AS TO F : ATTEST: Clerk to the Board of County Co + ; ISO tb2O Cou Atto ney Deputy TI:rk to the Board' wu WELD COUNTY SCHOOL DISTRICT RE-1J (ST VRAIN) APP OV AS TO FORM: ATTEST: 1!‘k cyt-c--a-7 A torney for Jurisdicti (signature) Desig ated Election Official for Jurisdiction (Signature) 6 of 6 ao //- a38o Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections THOMPSON SCHOOL DISTRICT R2J (LOVELAND), 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 Lztr/mer o-4A Bout 00L-'rhesCeuuty7 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4), C.R.S. POSTMARKED b. _zTo 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 AUG 1 9 `ii 'arttlidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; WELD ....arid4 §r 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, C.R.S., 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 1 of 6 ao,/-a380 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17— October 31, 2011- 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • October 17—October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17`h Avenue, Greeley, CO • Monday— Friday— 8:00 a.m. — 5:00 p.m. • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • Monday— Friday— 8:00 a.m. — 5:00 p.m. • Election Day— November 1, 2011 — 7:00 a.m.— 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9`h Street, Ft. Lupton, CO • Monday — Friday— 8:00 a.m. — 5:00 p.m. • Election Day — November 1, 2011 — 7:00 a.m. — 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 770 6'�� 5o" 3 fax: 97o61 > 5G88 , 1G� ifscnSchao/3.oar 54 E-mail:5Yifza'r� . c��--c.��*do oar Address: 8bb 5. f ce—R 4 e- 1 0 ice.( ( £65 7 5 of 6 WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS ��- OFT THE COUNTY OF VyELD COUNTY ca_, J\1/ciiThte5/2' Steve Moreno, Clerk and Recorder /Barbara Kirkmeyer, Chair / SEP - 7 701 APPROVED AS TO FORM: ATTEST: /. Clerk to the Board of County Co 1 t Iss I( orney Deputy C 4 to the Board ,�r ®h THOMPSON SCHOOL DISTRICT R2J (LOVELAND) APPROVED AS TO FORM: ATTEST: Jw1 Attorney for Jurisdiction(signature) Designated Election Official for Jurisdiction (Signature) 6 of 6 ao//• ;13150 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections PRAIRIE SCHOOL DISTRICT RE-11J (New Raymer), 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 Dl u-%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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated electiooffl for initiatives, referenda, and referred measures under the provisions of § 31D-101 through 118 and 22-30-104(4), C.R.S. cam, N 0 b. To do all tasks required by law of designated election officials concernincgNomg3dtion of candidates by petition, including, but not limited to: issue approval tcnForm, where appropriate, of nominating petition; determine candidate eligibill• rdieeive candidate acceptance of nominations; accept notice of intent, pe414iong for nomination, and affidavits of circulators; verify signatures on nominatin fpetitions; 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, C.R.S., 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 1 of 6 aoi/-;370 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17`h Avenue, Greeley, CO • October 17— October 31, 2011— 8:00 a.m. — 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • October 17—October 31, 2011 — 8:00 a.m. — 5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17—October 31, 2011 — 8:00 a.m. — 5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. 3 of 6 • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday — Friday— 8:00 a.m. — 5:00 p.m. • Election Day — November 1, 2011 — 7:00 a.m. — 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • Monday— Friday— 8:00 a.m. — 5:00 p.m. • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9`h Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. — 5:00 p.m. • Election Day— November 1, 2011 — 7:00 a.m. — 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: '7')0'K3'>-5351 , fax: 790 -H31)-- E-mail: and Address: 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections usf DATED this �� day of y , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Ste- 7110-1-17 Steve Moreno, Clerk and Recorder /Barbara Kirkmeyer, air CEp — 7 2011 APPROVED AS TO FQ.R1Q: ATTEST: E a`s Clerk to the Board of County Co 1861 ( O�:ity.{ j r/lip G lye ,, ✓ , CourytV Aftorney� Deputy C rk to the Board `&, � � PRAIRIE SCHOOL DISTRICT RE-11J (New Raymer) APPROVED AS TO FORM: ATTEST: • Attorney for Jurisdiction (Signature) Designated ev tion Official for Ju diction (Signature) 6 of 6 20//- 232o Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT Re-50J (WIGGINS), 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 ( orot&f1 anch A-ciOAS County. This Agreement shall be construed to apply only to that portioof the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: 42.3 Conduct all procedures required of the clerk or designated election official for os initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4), C.R.S. U. LS ITN To do ail tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, v o s where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for M 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, C.R.S., 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 1 of 6 .20//- 23V' Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-la, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement • For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 171h Avenue, Greeley, CO • October 17—October 31, 2011- 8:00 a.m. - 5:00 p.m. —Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont, CO • October 17 —October 31, 2011 -8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday— Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • Monday— Friday—8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement • For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos(a�co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: Cf70- gg3- 111Loa , fax: 9 "Li ( c0S, E-mail. /lena Q LUinbfas5O' a d'c_o, a[S Address: (d ,`1CIp/YIC-n � c�� 1/1S l ( ) g(JU 61-1 5 of 6 Memorandum of Intergovernmental Agreement Fur Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY 1 j— --vc.ia_ )1-e...7'n—e.n.,..--eX--- „--4zei c_./4(._,6-..— / lithlt-t.el.L.A._— Steve Moreno, Clerk and Recorder erbara Kirkmeyer, Ch it EEP ` +r 2Q11 APPROVED A.S TO FO.: ATTEST: E�4 .7 ,:7- Clerk to the Board of County Comm ion - ,i ��'' 1861 . _rj t./ n, Co y torney Deputy CI k to the Board , ®p R °� ' (U` N � WELD COUNTY SCHOOL DISTRICT Re-50J (WIGGINS) APPROVED AS TO FORM: ATTEST: �� tL,4.� P.ttorn for Jurisdiction Designated Ele n Official for Jurisdiction ISIgnature) (J of 0 ao//-a38.0 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CITY OF LONGMONT, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 1, 2011, Coordinated Election, conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 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, §§ 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, C.R.S., 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 1 of 6 2°//-a38o Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-la, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i)of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. 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 1, 2011, 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 (i). 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to use the provisions of the Municipal Election Code, except as otherwise set forth herein, or as its use is specifically authorized by the Code. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25`h, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the designated election official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the designated election official and as Coordinated Election official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20, and 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. c. Provide 3 locations for voters to apply for and obtain mail ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17—October 31, 2011 -8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • October 17—October 31, 2011 -8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17—October 31, 2011 -8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday— Friday—8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • Monday- Friday—8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • Monday— Friday-- 8:00 a.m. - 5:00 p.m. • Election Day—November 1, 2011 -7:00 a.m. -7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. i. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code provisions of Title 31 and 22, applicable to the conduct of elections and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement, and the Colorado Election Rules, the statutes shall first prevail, then this Agreement, and lastly, the Colorado Election Rules. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. Liquidated damages provision 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 damages and not as a penalty, refund all payments made, pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Election Manager, Rudy Santos, by: Phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566 E-mail: rsantos@co.weld.co.us Address: P.O. Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (303) 651-8650, fax: (303) 7744721 E-mail: valeria.skittCo?ci.lonomont.co.us Address: City of Longmont, City Clerk's Office 350 Kimbark, Longmont, CO 80501 Attn: Valeria Skitt, City Clerk. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011 WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS ./� OF THE COUNTY OF ELD COUNTY Steve Moreno, C erk and Recorder arbara Kirkmeyer, hair / SEP - 7 21,�,��•,,r APPROVED AS TOM: ATTEST: � �a``` Clerk to the Board of County Comm' la 7--- 1861 (I • ..1/41:� my Attorney Deputy Cl rk to the Board ® j"-01)0C i CITY OF LONGMONT, COLORADO V6(...._ Mayor di APPROVED AS TO FORM: ATTEST: Assistant Cjt'y Attorney City Clerk Proof red Eo� L04'Li.,,A6 H $ 6 of 6 a o//-a38o Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CITY OF GREELEY, 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 n U, e\ok County. This Agreement shall be construed to apply only to that portion lof the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: s rn r a p a. Conduct all procedures required of the clerk or designated election 0ffi I for initiatives, referenda, and referred measures under the provisions of §j;:;31- -101 through 118 and 22-30-104(4), C.R.S. — f- b. To do all tasks required by law of designated election officials concerningpomation of candidates by petition, including, but not limited to: issue approvaltas t orm, where appropriate, of nominating petition; determine candidate eligibly; aeive 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, C.R.S., 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 1 of 6 aonl-a3ta Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-la, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 251h, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 171h Avenue, Greeley, CO • October 17—October 31, 2011- 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 Yz, Longmont, CO • October 17 —October 31, 2011 -8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17—October 31, 2011 -8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday— Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • Monday— Friday —8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southeast Weld Office (FL Lupton), 2950 9th Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos(a.co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: g9D-3`-S - ct-14 )- , fax: to ` 35Z� tk? E-mail: The�s1 , �r\o`derP ly egr-JoJ -corvt Address: e}s,\ 1-L-A(-le e , C �E,(z \000 lDµ- SCR-eeA Ceeeley , CO tbto 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS / OF THE COUNTY OF WELD COUNTY CGC/ • Steve Moreno, Clerk and Recorder 7 arbara Kirkmeyer, hair Er Er _ % 2011 APPROVED AS TO FO ATTEST: Clerk to the Board of County Comm'' Lam` �, 1861 �AZ?:� Co ' ty At rney Deputy rk to the Boar, ® Rb CITY OF GREELEY APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction (Signature) 6 of 6 ao//-a38o Memorandum of Intergovernmental Agreement For Conduct of General Elections CITY OF GREELEY, COLORADO SIGNATURE PAGE Dated this 2n°day of August, 2011. OF GREELEY, COLORADO A OF Os Gsogww�. r• * " * 6.\ ,,/c E • City l -rk APPROVED AS TO L AL IRM: By: _ City tt y APPROVED AS TO SUBSTANCE: By: Ci AVAILABILITY OF FUNDS: By: Director of F e Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CITY OF EVANS, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 N/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 conduct of the November 1, 2011, Coordinated Election. 3. 0 ThinJurisdiction agrees to perform the following Tasks and Activities: w to sti a.bag 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 118 and 22-30-104(4), C.R.S. N v. b To do all tasks required by law of designated election officials concerning nomination O 4 of candidates by petition, including, but not limited to: issue approval as to form, w where appropriate, of nominating petition; determine candidate eligibility; receive 44 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, C.R.S., 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 1 of6 1014674-I 2v//-a3k° Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections the County Clerk no later than 60 days before the election, pursuant to § 1-5- 203(3)(a), C.R.S. d. Only if the County Clerk does not publish notice in the Greeley Tribune pursuant to Clause 4, Paragraph (b), of this Agreement, publish and post notice of election pursuant to § 1-7.5-107, C.R.S., and include the information regarding the walk-in location address and hours of operation for application or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 2 of 6 1014674-I Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district who do not reside within the City of Evans in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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 § 1-7.5-107, C.R.S. Publication by the County Clerk will only be in the Ft. Lupton Press or the Greeley Tribune, newspapers of general circulation. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17— October 31, 2011- 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '1/2, Longmont, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday — Friday 3 of 6 1014674-1 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday — Friday— 8:00 a.m. -5:00 p.m. • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont, CO • Monday— Friday— 8:00 a.m. - 5:00 p.m. • Election Day — November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9`" Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. e. Give notice to the 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 1014674-I Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31, 32 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Kim Betz, City Clerk Phone: (970) 475-1104 Fax: (970)-330-3472 E-mail: kbetz@ci.evans.co.us Address: 1100 37th Street, Evans, CO 80620 5 of 6 1014674-I Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder ,x-Barbara Kirkmeyer Chair SEP - j 2U11 APPROVED AS TO FORM: / ATTEST: -se.-l.14 Clerk to the Board of County Commissi.yy�.yr IE La Courpty'Attorn Deputy CI k to the Board I `1861 ft f 44 CITY OF EVANS ®o�� CITY OF EVANS, COLORADO APPROVED AS TO SUBSTANCE: By: / i,e,„ By: t r �•C ** E�9� ` City anager :N3 ATTEST: i SEAL APPROVED AS TO FORM: •eCIC O R PLO By: a.�. ,�F, City Clerk City Attorney 6 of 6 1014674-I c20 ii-a38a • Memorandum of Intergovernmental Agreement • For Conduct of Coordinated 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 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, C.R.S., for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, kalQi title, and text, must be certified to ruJIMAnry) 1 of6 JUL Cl 2 'il JUL 1 'H dew-2380 WELD OUNTY ELECTIONS Memorandum of Intergovernmental Agreement • • For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-la, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-la, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement • For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer' 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25`h, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17—October 31, 2011- 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • October 17—October 31, 2011 -8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. -5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday— Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont, CO • Monday— Friday — 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Ft. Lupton, CO • Monday— Friday—8:00 a.m. -5:00 p.m. • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement • For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: , fax: E-mail: and Address: 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder /Barbara Kirkmey Chair eb _ 7 2011 APPROVED AS TO FOR : ATTEST: Clerk to the Board of County Commissioners & Erg Coun A on y Deputy C r rk to the BoardMI O At PP CITY OF FT LUPTON `©` . / APPROVED AS TO FORM: ATTEST: _ ludge;-.1t, leeice AA-Ae-tta.. ce Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdi ion (Signature) 6 of 6 076//-a,38o Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections CITY OF NORTHGLENN, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election official, and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(1), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Adams County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with theieorrJct of the November 1, 2011, Coordinated Election. rn c 3. The Jurisdiction agrees to perform the following Tasks and Activities: " n n a. Conduct all procedures required of the clerk or designated elegio fficial for initiatives, referenda, and referred measures under the provisions ill § 1-11-101 through 118 and 22-30-104(4), C.R.S. 73 o rn b. To do all tasks required by law of designated election officials concerningnnomination 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, C.R.S., 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 1 of 6 a On-23so Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17—October 31, 2011- 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 Yz, Longmont, CO • October 17—October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17—October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17`h Avenue, Greeley, CO • Monday — Friday— 8:00 a.m. - 5:00 p.m. • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 'h, Longmont, CO • Monday— Friday — 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9`h Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (303) 450-8755 , fax: (303) 450-8798 , E mail: jsmall@northglenn.org and Address: City of Northglenn, Attn: Johanna Small, Northglenn, CO 80233 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY i, k; / 1- ,liLe kA " L 1J-/X1 e 4----- Steve Moreno, Clerk and Recorder . arbB ara Kirkmeyer Chair yEP _,. ( 2011 APPROVED AS TO FO ATTEST: . Clerk to the Board of County Commi ..t*°-�"� i Cou A torney Deputy C i rk to the Board' ` ' ' '� s CITY OF NORTHGLENN APPROVED AS TO FORM: CITY OF NORTHGLENN Corey" doffmann ty Attorney 4gn4, Mayor VV ATTEST: Joha a Small, City Clerk gnated Election Official 6 of 6 ao/I-a3sO • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections TOWN OF PLATTEVILLE, 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 arid 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 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, C.R.S., for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballpA tad, IttErgEbThirtified to 'ii 1 of JUL 1 2 '11 JUL 1 3 WELD COUNT LL i i r 2011-07382 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-la, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 •- Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17— October 31, 2011- 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 - 7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • October 17—October 31, 2011 -8:00 a.m. - 5:00 p.m. —Monday — Friday • Election Day— November 1, 2011 -7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17 —October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day — November 1, 2011 -7:00 a.m. -7:00 p.m. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday — Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 'A, Longmont, CO • Monday — Friday— 8:00 a.m. -5:00 p.m. • Election Day— November 1, 2011 -7:00 a.m. -7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9`h Street, Ft. Lupton, CO • Monday— Friday—8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. -7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 304-6525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos(a�co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone:g7C- 78S • jaHc , fax:9 70 7(15 ,)y2e ttC�� 9 E-mail: 446'9 eq'dlffroj '/ane Address: f5 6« a d /he , /, f t). /' ea fir'./ 5 of 6 • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY tta- "he.nr2..i.,--tr- IthAut ,ciAtzfrA__, Steve Moreno, Clerk and Recorder iff2rbara Kirkmeyer, hair SEP - 7 ZO11 APPROVED AS TO FORM: ATTEST:',dea` Clerk to the Board of County Commission s IEL Co ttorney Deputy CI k to the Boar tit f:t 4 TO EVILLE ,®u APPROVED AS TO FORM: Pc./ A FAST: 2' SC € S� \ILA a a 7 5 // Attorney for Jurisdiction (Signature) ••• nat led Election O icial for Jurisdiction � 9 aN�^y se-a/4-41/4 ire„,..,, AN'+,, / ....co. ature) L?aA / iu7,f , /c' 7? de,_„L 6of6 aorl-838° r Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections MILLIKEN FIRE PROTECTION 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 1, 2011, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 1, 2011, 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 1, 2011, Coordinated Election. 3. The Jurisdiction agrees to perform the following Tasks and Activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 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, C.R.S., 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 1 of 6 c2O//-231° Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 or return of mail ballots as set forth in Clause 4, Paragraph (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 less than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Paragraph (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 transmitted to and 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 are 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. In the event that the Jurisdiction is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the Jurisdiction shall be solely responsible for complying with the requirements of U.S.C. § 42 1973aa-la as it pertains to all of the Jurisdiction's "Tasks and Activities" set forth in this Clause 3. In addition, the Jurisdiction shall be responsible for any additional requirements that may be imposed under U.S.C. § 42 1973aa-1 a, and are not covered as "Tasks and Activities" to be performed by the County Clerk pursuant to Clause 4 of this Agreement. Furthermore, costs incurred by the County Clerk in meeting the requirements for the provision of bilingual voting assistance relating to the Jurisdiction may be imposed upon the Jurisdiction in addition to the costs per registered elector eligible to vote specified in Paragraph (i) of this Clause 3. h. Accept affidavits of intent to accept write-in candidacy up until close of business on August 29, 2011, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102 (2), C.R.S. 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 1, 2011, 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 (i). 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" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. j. Designate an "election officer" 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. k. By approval of this Agreement, any municipality is resolving not to 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. Mail 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. m. 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. n. Jurisdictions that are special districts shall notify property owners within the district in writing that the County Clerk will be conducting the November 1, 2011, Coordinated Election on behalf of the special district. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 25th, 2011 if such person intends to vote. Such notification should be directed to Rudy Santos, Elections Manager. 4. Duties of 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, and 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. c. Provide 3 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • October 17—October 31, 2011- 8:00 a.m. - 5:00 p.m. — Monday — Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 Yz, Longmont, CO • October 17—October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9th Street, Fort Lupton, CO • October 17—October 31, 2011 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. 3o16 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Provide 3 locations where mail ballots can be accepted. • The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO • Monday — Friday— 8:00 a.m. - 5:00 p.m. • Election Day — November 1, 2011 - 7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • Monday — Friday— 8:00 a.m. - 5:00 p.m. • Election Day — November 1, 2011 - 7:00 a.m. - 7:00 p.m. • The Southeast Weld Office (Ft. Lupton), 2950 9`h Street, Ft. Lupton, CO • Monday— Friday— 8:00 a.m. - 5:00 p.m. • Election Day— November 1, 2011 - 7:00 a.m. - 7:00 p.m. e. 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. f. Designate a "contact" to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. h. Select and appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those 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. 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. j. In the event that Weld County is required to provide bilingual voting assistance pursuant to U.S.C. § 42 1973aa-1 a, the County Clerk agrees to comply with the requirements of U.S.C. § 42 1973aa-1a as it pertains to all of the County Clerk's "Tasks and Activities" set forth in this Clause 4. 5. Coordinated Provisions a. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Liquidated damages provision. • 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 damages and not as a penalty, refund all payments made pursuant to Clause 3, Paragraphs (g) and (i), 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 portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to Elections Manager, Rudy Santos, by: phone: (970) 3046525, Extension 3178 Fax: (970) 304-6566, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (970) 587-4464 , fax: (970) 587-0260 mprather@millikenfirerescue.com E-mail: and rlyons@lgkhlaw.com Address: Milliken Fire Protection District, P. 0. Box 130 Milliken, CO 80543 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2011. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS eCdC j OF THE �COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder rbara Kirkmeyer,/Chair, .,EP -- 72Co APPROVED AS TO FOR : ATTEST: Clerk to the Board of County ommissioners /� �I a�� C9 ty Attor ey Deputy 4-rk to the Board mai t 42 N{ I ��. MILLIKEN FIRE PROTECTION DISTRICT ® ,-y 'f 'y/ U.Iii-U.yy AP VED AS TO FORM: ATTEST: l Attorney uris lion (si-"el Desig?iat Elect Official (Signature) 6 of 6 do ii- a38a Hello