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Home My WebLink About20082392.tiff Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master City of Dacono, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, ©cil0: O4 Page 1 of 5 Ci2Op�?S n� : 0H116 C � s ..Rea— a.39a Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6— November 3, 2008 - 8:00 a.m. -5:00 p.m. - Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 Y, Longmont, CO • October 20— November 3, 2008 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday - Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 A , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9th Street, Fort Lupton, CO 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. f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 304-6566, E-mail: rsantosco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 303-833-2317 x123, fax: 303-833-5528, E-mail: velliott-lucero@ci.dacono.co.us Address: PO Box 186, Dacono, CO 80514 DATED this 28th day of July, 2008. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner ilidAS4Air: SEJ?.9 . Q8 APPROVE AS TO F ATTEST: in'• Clerk to the Board of County Commissioners\ ,9 j � Co torney Deputy Clerk t e card Designated Election Official City of Dacono ATTEST: ZZ Mayor(signature) Desi nated Election Official for Jurisdiction (Signature) Page 5 of 5 &OAP-.a139a Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 2008 Master City of Longmont, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, 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 vote center on November 4, 2008, 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(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22- 31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Boulder County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County, 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, Pads 8 and 9, § 1-4-501, § 22-31-103, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of Page 1 of 5 candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to§ 1-5-203(3)(a), C.R.S. d. Publish and post notices of election pursuant to § 1-5.205(1), C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 an1-40- 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to §§ 1-4-1102(2), C.R.S. g. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§1- 10.5-101, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106, which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 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 Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6—November 3, 2008-8:00 a.m. -5:00 p.m. —Monday— Friday • Election Day— November 4, 2008-7:00 a.m. -7:00 p.m. The Southwest Weld Office (Del Camino), 4209 county Road 241/2, Longmont, CO • October 20—November 3, 2008- 8:00 a.m.-5:00 p.m.—Monday— Friday • Election Day—November 4, 2008-7:00 a.m. -7:00 p.m. d. Provide five Early Vote Sites — October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m.—Monday— Friday, at: • Weld County Election Office, 1401 North 17'h Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24%, Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 111° Street, Windsor, CO • Southeast Weld Office, 2950 gth Street, Fort Lupton, CO. 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. f. Designate a "contact' to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. Page 3 of 5 Establish combined precincts and polling places and voting centers pursuant to § 1-5- 102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General 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, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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, not as a penalty, refund all payments made, pursuant to paragraph 3.g of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No 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 the Clerk by phone: (970)304-6525, Extension 3178,fax number: (970)304-6566, E-mall:<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)774-4721, E-mail: valeria.skitt@ci.longmont.co.us, and Address: City of Longmont, City Clerk's Office, 350 Kimbark, Longmont, CO 80501 Attn: Valeria Skitt, City Clerk. Page 4 of 5 lf DATED this J9 L day of 6Yi1ft/z/ , 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE ppUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder William H. Jerk Commissioner APPROVED AS TO FORM: ATTEST: Clerk to the Board of oun y mi fs\, lArl _d ly C y At orney Deputy Clerk to e Bo rd Designated Election Official CITY OF LONGMONT, COLORADO [CC> "ROVE AS TO FORM: Mayor r; \ - ATTEST: Ci y Attorney i `e,-' lVo City Clerk Proofr d Page 5 of 5 0,9eve-83, Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master City of Northalenn, hereinafter referred to as"Jurisdiction,"does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as"County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS,the County Clerk is the"General Election official" pursuant to§ 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Adams County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to§ 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 aecn9s Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to§ 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1- 40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45"'day before the election. Preparation of summaries of written comments shall be done by the jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no less than 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to§ 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1.10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to§ 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to§ 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6—November 3, 2008-8:00 a.m.-5:00 p.m. - Monday—Friday • Election Day—November 4, 2008-7:00 a.m. -7:00 p.m. • The Southwest Weld Office(Del Camino), 4209 County Road 241 , Longmont, CO • October 20—November 3, 2008 -8:00 a.m.-5:00 p.m.—Monday— Friday • Election Day—November 4, 2008-7:00 a.m.-7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. -Monday- Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 Yz , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street,Windsor, CO • Southeast Weld Office, 2950 9'" Street, Fort Lupton, CO e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, which is October 6, 2008; identify the members of the Board of Canvassers eligible for receiving a fee; and bill the Jurisdiction. f. Designate a"contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 ,w Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 304-6566, E-mail: rsantos©co.weld.co.us, Address: P© Box 459, Greeley, CO 80632 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 303-450-8757, fax: 303-450-8798, E-mail:jsmall @ northglenn.orq, Address: PO Box 330061, Northglenn, CO 80233; and to Corey Y. Hoffmann, City Attorney Phone: 303-825-6444, fax: 303-825-1269 Address: 1350 17t Street, Suite 450, Denver, CO 80202 DATED this `~ day of ‘ C1Zi.ditifiA1. _, 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk& Recorder William H.Jerke, Commissioner APPROVED AS TO FORM: ATTEST: 144/1 Clerk to the Board of County i 4114 Co Attorn y Deputy Clerk to a oard Designated Election Official City of Northglenn M r APPROVED AS TO FORM: ATTEST: Attome far Ju ion (Signature) esi•'ated Election Official for Jurisdiction ure) Page 5 of 5 Fax sent by 13035364753 TOWN OF HUDSON 08-27-08 06:29 Py: 2/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Hudson, Town of, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder_ WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and • WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq., C.R.S.• NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities according to the timeline attached hereto and incorporated herein as Exhibit A: a. Conduct all procedures required of the clerk 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, 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. PANT-Don Nt servcrlrfOT O1tllINANGES&RFSOLl7TIONS\RLSOLU'r1ONS,FINAL V20 Page 1 of 5 U8\Res 08-21 2008 Election!GA Weld Cuuntydoc cWooso-ac39, • Fax sent by 13935364753 TOWN OF HUDSON 98-27-88 88:29 Py: 3/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master C. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. 9. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S_, except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election officer," who shall be Judy McGill, 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. 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. J. 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. P:\Nl'-p un Nt_saver\HOT ORDINANCES RESOLUTIONSIFHSOLU'l IONS. Page 2 of 5 )NS•FIN I.\2008\Rcs 08.21 2008 Election IGA Weld Cuunty.doc • Fax sent by 13035364753 TOWN OF HUDSON 08:29 Pg: 4/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. 4. Duties of County Clerk Agrees to perform the following tasks and activities according to the timeline attached hereto and incorporated herein as Exhibit A: 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune- c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6 — November 3, 2008 - 8:00 a.m. -5:00 p.m. - Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 'A, Longmont, CO • October 20— November 3, 2008 - 8:00 a.m. - 5:00 p.m. — Monday — Friday • Election Day— November 4, 2008 - 7:00 a.m. — 7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday - Friday, at: • Weld County Election Office, 1401 North 17"'Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 14 , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley. CO • Windsor Community Rec. Center, 250 11`I' Street, Windsor, CO • Southeast Weld Office, 2950 9'h Street, Fort Lupton, CO 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. f. Designate a "contact," who shall be Rudy Santos, to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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. Page 3 of 5 P:\N'I'-D on Ni sew cr\Li0'r ORDINANCES&RESOLUTIONS 1kl'.SOLU"IIONS,PiNAI VG08\Res 08-21 2008 Election IGA Weld Cuunty.doc • Far, sent by : 13035364753 TOWN OF HUDSON 00-27-00 013:29 Py: 5/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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. P.WT-U nn NI_xcrvcr\DOT ORDINANCES&RESOLUTIONS\K6SOLU'I'IONS,FINAL\200P\Res 03Page 4 of 5 I 2003 Election 1GA Weld County.doe Fax sent by 13035364753 TOWN OF HUDSON 88-27-08 08:29 Pg: 6/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master f. Notice shall be given by Jurisdiction to the Clerk by phone: Rudy Santos (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: 303-536-9311 fax: 303-536-4753 E-mail:jmcglll@hudsoncolorado.org Address: 557 Ash Street, P.O. Box 351, Hudson, Colorado 80642-0351 l9 DATED this ) day of 6:7104411114,,O, 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY 1 4G..i Steve Moreno, Clerk& Recorder William H. Jerke, Commissioner S Ik.:Liar cot- APPROVED AS TO FO ATTEST: Clerk to the Board of County Co 'is 161 1-2 I C ty ttor eputy Cler tot Board Designated Election Official APPROVED AS TO FORM: ATTEST: `loo Attorn fo Jurisd of•n C9nature} signated Election Official for Jurisdiction (Sugnature) Page 5 of 5 ooY-a39;( 07-22-2008 01 :27PM FROM-LARIMER COUNTY ELECTIONS +9704987847 T-733 P.003/007 F-946 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Town of Nunn, hereinafter referred to as "Jurisdiction,' does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the Genera! Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), 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 we 1 rk County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 6204?-d3: 07-22-2008 OI :27PM FROM-LARItER COUNTY ELECTIONS +9704987947 T-733 P.OO4/007 F-946 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(e), 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 for application or return of mail-in ballots as set forth in paragraph 4.c 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 45v' 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 2007, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2007, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of $15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 07-22-2008 01:27PM FROM-LARIMER COUNTY ELECTIONS +9704987847 T-733 P.005/007 F-946 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 171°Avenue, Greeley, CO • October 6 - November 3, 2008-8:00 a,m. — 5:00 p.m. - Monday— Friday • Election Day — November 4, 2008 - 7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont, CO • October 20— November 3, 2008 - 8:00 a.m. - 5:00 p.m. —Monday— Friday • Election Day— November 4, 2008 -7:00 a.m. - 7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday - Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 42O9 County Road 24 f� , Longmont, CO • Trinity Lutheran Church, 3000 35`h Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11"' Street, Windsor, CO • Southeast Weld Office, 2950 9'" Street, Fort Lupton, CO 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. f. Designate a "contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 07-22-2008 01 :27PM FROM-LARIMER COUNTY ELECTIONS +9704987847 T-733 P.006/007 F-946 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. Genera( Provisions a_ Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 6 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk 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 Page 4 of 5 07-22-2008 01 :27PM FROM-LARIMER COUNTY ELECTIONS +9704987847 T-733 P.007/007 F-946 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: phone: cr.?0_ 89"1- 285 fax: 97b . E-mail: 412...unof'ts.x..n..Qez.Lk.c,,,,,and Address R.q . $ox l'1 1 t ! T S�pl.ir,col n Avg- IVrAnrl, Cz DATED this 2 day of , 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY o _ ‘---C-t Steve Moreno, C erl k Recorder William H. Jerke, Commissioner s Lid lam' 1,§,?� APPRD S TO F RM_ ATTEST: Clerk to the Board of County m i!S61 .. : _ Co rney Deputy Clerk t e card Designated Election Official TOWN OF NUNN APPROVED AS TO FORM: ATTEST: Attorney for Junsdi Lion (signature' Designated Election Official for Jurisdiction (Signature) Page 5 of 5 &ocW- as; Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master School Dist RE-1J (Longmont), hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), 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 CQCldand CountyrofaKloom�-t@l9ty. This Agreement shall be construed to apply only to that'portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 &?aS'-a320? Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6 — November 3, 2008 - 8:00 a.m. -5:00 p.m. - Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont, CO • October 20— November 3, 2008 - 8:00 a.m. -5:00 p.ni. — Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday - Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 ''A , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9th Street, Fort Lupton, CO 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. f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 304-6566, E-mail: rsantos(o�co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (303) 682-7203 , fax: (303) 682-7343 , E-mail: poynton john@stvrian.kl2.co.us Address: 395 South Pratt Parkway Longmont, CO 80501 DATED this 3 day ofilY,i,/ /IJ , 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS � OF THE COUNTY OF WELD COUNTY .!"//lJ<w�-c- 0,922.0-1,0 `j�-1,o' J �l�G ✓ Steve Moreno, Clerk &Recorder William H. Jerke, Commissioner SEP 0 3 2008 APPROV S TO FORM: ATTEST: 412///) L/j Clerk to the Board of County Cor is/net�t {h BBG �Cn my Atto a Deputy Clerk a oard Designated Election Official School Dist RE-1J(Longmont) APPR D AS TO FORM: ATTEST: , Attorney fo imoo ignature) Designated EI c n iffic/l for Jurisdiction (signature) / Page 5 of 5 �a�' ,Q39o7 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master School Dist 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 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), C.R.SS, and is to perform certain election services in consideration of performances by the Jurisdictiorrof the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30404(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 Bnoomke(c( a Adams County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 0708-a3 9O7 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1- 40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`h day before the election. Preparation of summaries of written comments shall be done by the jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no less than 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6— November 3, 2008 - 8:00 a.m. -5:00 p.m. - Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • October 20 — November 3, 2008 - 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. -7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday - Friday, at: • Weld County Election Office, 1401 North 17`h Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 '/ , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO 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. f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 retums 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk 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 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 30 3 L 55 a4 5a , fax: 303 GSS07g7o , E-mail: i J t.,_ Ls a sdayJ .G and Address: I SSS) g. /6044 Q ^;3 lulu. Co 7O6,°/ . DATED this 3 day of 6 ,4Y✓, /IJ , 2008. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner s�� S APPROVED AS TO FORMS ATTEST: Clerk to the Board of County C MI -;:\\;: ° __ afriteb C Attor y Deputy Clerk to e Board Designated Election Official School Dist 27J (Brighton) APPROVED AS TO FORM: ATTEST: Attor for Jurisdicti Signature) Designated Electi Official Jurisdiction (Signature) Page 5 of 5 X700- 07394 r 4 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master School Dist RE-12 (Pawnee), hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 0a )-a 39a Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of $15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6 — November 3, 2008 - 8:00 a.m. - 5:00 p.m. - Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont, CO • October 20 — November 3, 2008 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. -7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday- Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 % , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9th Street, Fort Lupton, CO 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. f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: qIC), , fax: O �1✓ aaZ� E-mail: 1mbITTIth n(,,l ern. and Address: Lrui . Bt116 over OOS) e'en tui y DATED this 28 day of Qelli , 2008. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY ✓/�� "_ - Z a ,J AThy- 4 Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner • 008 APPROVED AS TO FORM: ATTEST: it../14/./ ), Clerk to the Board of County m y as- hxd� a ondlit- Coax ty Att rn Deputy Clerk to e Board d + Designated Election Official School Dist RE-12 (Pawnee) APPROVED AS TO FORM: ATTEST: e > . or Jurisdiction (Signature) ig ated Election Official for Jurisdiction Sup+. (Signature) Page 5 of 5 .a7DOd'--a,55'�( Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Weld County School District Re-3J, hereinafter referred to as"Jurisdiction,"does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4,2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official,and WHEREAS, the County Clerk is the"General Election official"pursuant to§ 1-7-116(2), 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 C} A11'1 S County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to§ 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 a a39a Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to§1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to§§ 1-7- 901 and 1-40-125(2Xe), 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to§1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. f. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to§ 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to§ 1-5-208(5), C.R.S. • 4. 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 General Election official. g. Circulate the Article X, Section 20, Ballot issues notices pursuant to § 1- 7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6—November 3, 2008—8:00 a.m.—5:00 p.m.—Monday—Friday • Election Day—November 4,2008—7:00 a.m.—7:00 p.m. • The Southwest Weld Office(Del Camino),4209 County Road 24'/2, Longmont, CO • October 20—November 3,2008—8:00 a.m.—5:00 p.m.—Monday—Friday • Election Day—November 4,2008—7:00 a.m.—7:00 p.m. e. Provide five Early Vote Sites— October 20— November 3, 2008, that will be open from 8:00 a.m.to 5:00 p.m.—Monday—Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 V2 , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street,Windsor, CO • Southeast Weld Office,2950 9"'Street, Fort Lupton, CO 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. f. Designate a"contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions f. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk 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 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 303-536-2055 , fax: 303-536-2010 , E-mail: Denisei @re31 .com and Address: P.O. Box 269 Keenesburg, CO 80643 DATED this 311 day of 6 > , 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk& Recorder William H. Jerke, Commissioner SE V4 008 APPROV D AS TO ATTEST: 1112/11 f. \A Clerk to the Board of County Commi n �a Co A Deputy i �f De u Clerk to a Board �`- ._r_ '✓ Designated Election Official SCHOOL DISTRICT Re-3J (Keenesburo) APP O ED AS TO M/ (ATTEST: A omey for J sdiction (Signature) Designated Electi Official for Jurisdiction (signature) Page 5 of 5 oa9 2c7- O3 9c' Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master School Dist RE-7 (Kersey), hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 � 073201 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of $15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17`h Avenue, Greeley, CO • October 6— November 3, 2008 - 8:00 a.m. - 5:00 p.m. - Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont, CO • October 20— November 3, 2008 - 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. - 7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday- Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 ''A , Longmont, CO • Trinity Lutheran Church, 3000 35`h Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO 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. f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk 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 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 97m 331, - 9i5-ea , fax: `776 -33(-0-bri/ , E-mail: gyncciaihll?vs.ktz,cz. tcs and Address:: P c . &tk ybc/,SO i eG.rh Sired , & 1O6yele DATED this 073 day of 4-ea-/ , 2008. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY j Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner S y 4 APPROVED AS TO F ATTEST: Clerk to the Board of County Co is i Hers jr' I a Co Att Deputy Clerk to a Board Designated Election Official School Dist RE-7 (Kersey) APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (Signature) Designated Election Official for Juris ction (Signature) Page 5 of 5 a&o&J'- a89? Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Central Colorado Water Conservancy Dist., hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), 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 Maths 4 Morgan County. This Agreement shall be construed to apply only to that portion of th&durisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 6 deb .R-9 • Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7- 901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`h day before the election. Preparation of summaries of written comments shall be done by the jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no less than 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of $15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. f. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within Page 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. 4. 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 General Election official. g. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1- 7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6— November 3, 2008- 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day— November 4, 2008- 7:00 a.m. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • October 20 — November 3, 2008-8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 4, 2008- 7:00 a.m. - 7:00 p.m. e. Provide five Early Vote Sites — October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 '/2 , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9th Street, Fort Lupton, CO 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. f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions f. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 304-6566, E-mail: rsantos{a co.weld.co.us, Page 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Address: PO Box 459, Greeley, CO 80632 Page 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 970 - 350- 1-/ '/0 , fax: 770 . 330- 41531/0 , E-mail: /parker e Lewcd.Ory and Address: ,32O9' w n 5f• &reds' , Co 3063 ' . DATED this / day of AGri5r- , 2008. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS � -- OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner SEP 0 3 2008 APPROVED AS TO FORM: ATTEST: / c �< ' Clerk to the Board of County C mi ,'n'bte 1451 Cou A t Deputy Clerk t he oard Designated Election Official Central Colorado Water Conservancy District APPROVED AS TO FORM: ATTEST: fa446„— Attorney for Jurisdiction (Signature) Designateed Election Official for Jurisdiction (Signature) Page 6 of 6 c7.O4P- a 82 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Briggsdale Fire Protection Dist., hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter `Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the"General Election official" pursuant to § 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to§ 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 a?cia-&39' Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to§ 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1- 40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`" day before the election. Preparation of summaries of written comments shall be done by the jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no less than 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to§ 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6— November 3, 2008-8:00 a.m. -5:00 p.m. - Monday— Friday • Election Day—November 4, 2008-7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO • October 20—November 3, 2008-8:00 a.m.-5:00 p.m. —Monday— Friday • Election Day— November 4, 2008- 7:00 a.m. -7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m.—Monday- Friday, at: • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 '/ , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9th Street, Fort Lupton, CO 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. f. Designate a"contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk by phone: (970)304-6525, Extension 3178,fax(970) 304-6566, E-mail: rsantoseco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: IX' 9�-SW , fax: E-mail: BeltesDN4Ra6 P2oi'ecr,a.4ebve.fbl•>e Address: - 13-Mtn> Szeecr 8,e/G6SOAC6, CO,, BOG// DATED this I ! day of 1•Fu(L}ST , 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner SEP �tr�!!i•� APPROVED AS TO FOR • ATTEST: Clerk to the Board;untY;m (? uL: )> . Co tt y Deputy Clerk tot Board t Designated Election Official Brigasdale Fire Protection Dist. APPROVED AS TO FORM: ATTEST: eon- Attorney for Jurisdiction (Signature) Desig ed Election Official for Jurisdiction (Signature) Page 5 of 5 ooe-6739 2008-08-2508:07 HDDSONFIRE 13035360162» 3531964 P2/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Hudson Fire Protection Dist., hereinafter referred to as "Jurisdiction.' does hereby agree end contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,' and the Weld County Clerk and Recorder, hereinafter referred to as 'County Clerk,' concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1902 as amended(hereinafter'Code'), and the rules and regulations promulgated thereunder,found at 8 C.C.R. 15051. 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 baXot at an election pursuant to Its statutory authority, such election to occur vie vote center on November 4,2008,and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS,the County Clerk is the"General Election officiar pursuant to§ 1.7-116(2), C.R.S.,and la 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), 1-7-110, 22-30-104(2), 22-31-103,and 29-1-203, et seq.,C.R.S. NOW,THEREFORE,In consideration of the mutual covenants herein,the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement This Agreement is intended only to deal with the conduct of the November 4,2008,General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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; end hear any protests of the nominating petitions, as said tasks are set forth In any applicable provisions of Title 1, Article IV, Parts B and 9, § 1-4-501, § 22"31-103, 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§ 1-4-806,C.R.S. c. Establish order of names and questions pursuant to § 1-5-403 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content. Page 1 of 5 oPace-a32 2008-08-2508:07 HHOSONFIRE 13035360162» 3531964 P3/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 80 days before the election,pursuant to§ 1.5-203(3Xa), 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 for application or return of mail-in ballots as sat forth In paragraph 4.c of this Agreement. e. Accept written comments for and against ballot Issues pursuant to §§ 1-7-901 and 1- 40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45^day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extant 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 ass than 42 days prior to the election. No portion of this paragraph shalt require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of Intent to accept write-In candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to§1.4.1102(1).C.R.S. g. Pay the sum of 5.75 per registered elector eligible to vote In the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election Is actually held. In addition, Jurisdiction shell also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid,the sum of$15 per day pursuant to§1-10-201(4),C.R.S.,when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement, If the Jurisdiction cancels the election before Its Section 20, Article X notices are due to the County and prior to the County Clerk Incurring any expenses for the printing of the ballots, the Jurisdiction shad not be obligated for any expenses. The Jurisdiction shad also be responsible for costs of recounts pursuant to §§ 1-10.5.10T, 1.10.5- 104, or 1-11.215 C.R.S., except for costs collected from an "interested party' pursuant to §1-10.5-108 which shall be collected by the entity conducting the recount, h. 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to§1-5-208.C.R.S.,and pay any costs incurred by the County Clerk within 30 days of receipt of an Invoice setting forth the costs of the canceled election pursuant to§ 1.5.208(5),C.R.S. Page 2 of 5 •2008-08-25 08:07 HUDSONFIRE 13035360162» 3531964 P4/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election offldal. b. Circulate the Amide X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 906(1), C.R.S. and publish and post notice, as directed lo § 15.205. C.R.S. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mad-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 8—November 3,2008-8:00 a.m.—5:00 p.m.-Monday—Friday • Election Day—November 4,2008.7:00 sin.—7:00 p.m. • The Southwest Weld Office(Del Camino),4209 County Road 24'4, Longmont.CO • October 20—November 3,2008-8:00 a.m.-5:00 p,m.-Monday-Friday • Election Day-November 4,2008-7:00 a.m.—7:00 p.m. d. Provide five Ferry Vote Sites a October 20 — November 3, 2008, that will be open from 8:00 a.m.to 5:00 p.m.—Monday-Friday,at • Weld County Election Offlce, 1401 North 17th Avenue, Greeley,CO • Southwest Weld Office (Del Camino), 4209 County Road 24 '4 , Longmont, CO • Trinity Lutheran Church,3000 35th Avenue,Greeley,CO • Windsor Community Rea Center,250 11"Street,Windsor,CO • Southeast Weld Office, 2950 9th Street, Fort Lupton,CO 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. f. Designate a'contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 2008-08-2508.08 HUDSONFIRE 13035360162» 3531964 P5/6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all voles, and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code. i. Establish combined precincts and polling places and voting centers pursuant to § 1- 6-102.7, CR.S. subject to the 'operate express approval by the Board of County Commiaslonem. 5, General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement b. Conflict of Agreement with law This Agreement shell be Interpreted to be Consistent with the Code, end provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1.Should there be an Irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail,then this agreement and lastly the Colorado Regulations. 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 tenure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penaly, refund a6 payments made, pursuant to paragraph 3,g. of this Agreement end obeli, if requested by the Jurisdiction, conduct the next General 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 employers may possess,except as expressly provided in this Agreement, e. This constitutes the entire agreement of the parties end no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk by phone: (910)304-8526,Extension 3178,fax(970)304-6568, E-mail:rsantos@co.weld,co,ufe, Address: PO Box 459,Greeley,CO 80632 Page 4of5 2008-08-2508.08 HUDSONFIRE 13035360162» 3531964 P616 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at; Phone:(Re i)5347 - of to I , tax: 303) 53(,'OE le* E-mail: vjokarin et-+ebh'and¢'- Address: Po , Bc>X `� , HiLictSurtfr C o 00 0-12. 'moo. Ctci Stmt I1,,ctm, Co $ot042 . DATED this day of (IL.(. c 1- 2008. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clark&Recorder William H.Jerks, Commissioner co SLF APPROVE T ATTEST: if Cleric to the Bo&4& ' m Co Deputy Clerk to t Board Designated Election Official Hudson Fire Protection Dist, APPROVED AS TO FORM: ATTEST: b1 .:/A`0D2 11 1 Attorney for Jurisdiction ( tare) signated 6tection 0 dal r uriediction (sigMNn) Page 5 of S a-�,3907 r 08/13/2008 11: 49 3036517702 PAGE 02!1, Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Mountain View Fire Protection Dist., hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld. hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. • WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS; the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), C.R.S-, and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203, et seq.. C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred • measures under the provisions of§§ 31-11-101 through 118 and 22-30-104(4), C-R-S- h. 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 0712V- 394 r 08/13/2008 11: 49 3036517702 PAGE 03/1e Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1). C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of $15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an Interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 0 08/13/2008 11: 49 3036517702 PAGE 04/14 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17'h Avenue, Greeley, CO • October 6—November 3, 2008-8:00 a.m. -5:00 p.m. - Monday— Friday • Election Day— November 4, 2008- 7:00 am. - 7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2, Longmont, CO • October 20—November 3, 2008- 8:00 a.m. -5:00 p.m. — Monday— Friday • Election Day—November 4, 2008 -7:00 a.m. -7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008. that will be open from 8:00 a.m. to 5:00 p.m. — Monday- Friday, at • Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 '/: , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11th Street, Windsor, CO • Southeast Weld Office, 2950 9t Street, Fort Lupton, CO 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. f. Designate a "contact' to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Pege 3 of 5 @B/13/2008 11: 49 3036517702 HA( E 05/14 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7. C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C,R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations_ 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk by phone: (970)304-6525, Extension 3178, fax(970) 304-6566, E-mail: rsantosCWco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 Page 4 of.5 - 08/13/2008 11:49 3036517702 rFaan cup/IL Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: So3'?1•D-611O , fax: 3O3-toS/P7"7a2. , 3O3- j34.531! Ge E-mail: dntttlli tO/>\ CM, and Address: qo(q 4:7, , da M . DATED this Jr day of 6?f2a , 2008. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY ( Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner SEP 0 3 41 APPROVED AS TO F _ ATTEST: 'h Clerk to the Board of County Co iss r /1910 n .- I ey Deputy Clerk to a Board Designated Election Official Mountain View Fire Protection Dist.APPR .7 AS TO FORM; ATTEST: de/ Attorney for Jurisdiction (Si we) or esignated Election Officiq for Jurisdiction (Signature) Page 5 of 5 DDS-o739c Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master Windsor-Severance Fire Protection Dist., hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 4, 2008, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via vote center on November 4, 2008, and WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as the General Election official, and WHEREAS, the County Clerk is the "General Election official" pursuant to § 1-7-116(2), 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 4/1/2/MCA County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 4, 2008, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, Page 1 of 5 -a39d Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address for application or return of mail-in ballots as set forth in paragraph 4.c 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. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 26, 2008, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(1), C.R.S. g. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 4, 2008, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of$15 per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to paragraph 4.g. of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X 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. The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5- 104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to §1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election 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. 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. j. 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. k. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 2 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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 General Election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 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 County legal newspaper and the Greeley Tribune. c. Provide 2 locations for voters to apply for and obtain mail-in ballots: • The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO • October 6 — November 3, 2008 - 8:00 a.m. -5:00 p.m. - Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. -7:00 p.m. • The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont, CO • October 20 — November 3, 2008 - 8:00 a.m. - 5:00 p.m. — Monday— Friday • Election Day— November 4, 2008 - 7:00 a.m. -7:00 p.m. d. Provide five Early Vote Sites - October 20 — November 3, 2008, that will be open from 8:00 a.m. to 5:00 p.m. — Monday- Friday, at: • Weld County Election Office, 1401 North 17`h Avenue, Greeley, CO • Southwest Weld Office (Del Camino), 4209 County Road 24 'A , Longmont, CO • Trinity Lutheran Church, 3000 35th Avenue, Greeley, CO • Windsor Community Rec. Center, 250 11`h Street, Windsor, CO • Southeast Weld Office, 2950 9m Street, Fort Lupton, CO 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. f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. 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 Page 3 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master 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. All recounts required by the Code. Establish combined precincts and polling places and voting centers pursuant to § 1- 5-102.7, C.R.S. subject to the separate express approval by the Board of County Commissioners. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 damage, not as a penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement and shall, if requested by the Jurisdiction, conduct the next General 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 the Clerk 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 Page 4 of 5 Memorandum of Intergovernmental Agreement For Conduct of General Elections 2008 Master The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 970-686-2626, fax:970-686-9623 E-mail: bstroman(cilwindsor-severancefire.org and Address: 100 7th Street, Windsor, CO 80550 DATED this day 15'" day of August, 2008. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Sv-c- Steve Moreno, Clerk & Recorder William A. Jerke, Commissioner APPROVED AS TO FO ATTEST: 4t w .4t G'a Cvlit Clerk to the Board of County CO mi '644\1/4? t ?h' CV,15, Co Attorney Deputy Clerk the Board Designated Election Official Windsor-Severance Fire Protection Dist. APPROVED AS TO FORM: ATTEST: BERNARD GADDIS&KANN,PC B.. dd./4, ^T�Vw/ Richard N.Lyons,II � t cX,t MerrAet-- Attorney for Jurisdiction (signature) Designated Election Official for Jurisdiction (signature) Poagof 5� ' Hello