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Home My WebLink About20062542 • ^, : ;Men3orandum of Intergovernmental Agreement 2006 Master For Conduct of General Elections /OUJfl c-f- /C , 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 7, 2006, 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 7, 2006, 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. ce a'b?.7 2006-2542 Page 1 of 5 O( l%-o v 00 ; C YEN, Ale wry/crce-,.r 4 c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's ihballot 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 j: 32 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23rd, Weld County Election Office, 1401 N 17`h Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 'A, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11`h Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: .' ^' •. 7,9 (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantosCa)co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice/ shall be given to the Jurisdiction at: Phone: C/70 $ 3d/—), ,1c , fax: q7() 231/, /99 E-mail: 5,4bc u/I,0 rq Address:,a)/ j St cc- f-'Po .[fox /G 9S' Au /(z- Oc Ci 0)O ndc DATED this k-/ day of 4,(1,1,-(&-i— , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS q OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk & Recorder M' e J Gile, Commissioner SEP 1 1 2006 APPROVED AS TO FORM: <..e.)...-.1„ + ' e, EST: t ^�. to the Board of County Commissioners if13S3 Act9 a ut 4,i -e-u2(c ounty Attorney qh :,a eputy rk to the Board EIN (Jurisdiction) 775ii1YI 6i 4` /d- (Designated Election Official) /,(l<'( �1(( it- , B APPROV AS/TO FORM: _ EST. . i f-2A<-111 6/A atfr,-- , „el.,." k A \ 1 (// . Attorney Tor Jurisdiction (signature) 1 esigrratdd _:``ction Official (signature) 7. Page 5 of 5 1 _ibG6-a._1/o? -Memorandum of Intergovernmental Agreement 2006 Master F,or epguct of General Elections E w n cc 466 city Ho Lib , 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 7, 2006, 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 7, 2006, 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 Lccri rn e r 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 oPm6-dss1,-? 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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. 4Z •ZI I 1 Page 2'.of 5 - 4. Duties of County Clerk 12: 26 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23rd, Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 b. Conflict of Agreement with law : ? '2: ^, ZO 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phane::''' 3 I 12. 26 (970) 304-6525, Extension 3178, fax (970) 353-1964, 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:0 1O) 53:1 - z Le,`-1 3 , fax: (c o) 531- c Co V 0, - E-mail: be +4,00,1 cc us and Address: )-2C 3o1L &al 13L-T;fZ'Trl c: O 5 i 3 DATED this day of , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk e . eile, Commissioner SEP 11 2006 pFOeheners orneyuty Cle to the Board (Jurisdiction) (co-' n 0-f f�Ek'_THout' 1`I t4 ley F Lc Lot)/ n- (Designated Election Official) Y Cl�� L44t� Cx APPROVED AS TO FORM: ATTEST: 2%/ Y l , l Attorney for Jurisdiction (signature) DesignateElection Official (signature) Page 5 of 5 &CC&- S PUG.29.2006 8:41PM - N0.264 P.2 Memorandum of Intergovernmental Agreement ^: ? 2006 Master For Conduct of General Elections The Town of Firestone, a Colorado municipal corporation, 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 7, 2006, 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 7, 2006, 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. 2. Term of Agreement: This Agreement Is intended only to deal with the conduct of the November 7, 2006, 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, 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 7,Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 o?me asi AUG.29.2006 8:41AM N0.264 P.3 c. Establish order of names and questions pursuant to §1-5406 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 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 and 1- 4-125(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 29, 2006, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1+1102(1), C.R.S. g. Pay the sum of$.75 per registered elector eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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, Jurisdiction 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 Jurisdiction 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 AUG.29.2006 8:42AM N0.264 P.4 4. Duties of County Clerk n. r1 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17"' Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23`", Weld County Election Office, 1401 N 17"'Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '1/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11"'Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m„ Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e, Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk, f. 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. g. 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. h. 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. Page 3 of 5 PUG.29.2006 8:42AM N0.264 P.5 b, Conflict of Agreement with law This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 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 posses, 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 County Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: ,rsantosc co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at. Judy Hegwood, Town Clerk, Town of Firestone Phone: 303-833-3291, fax: 303-833-4863, E-mail: jhegwood@ci,firestone.co.us Address: PO Box 100, Firestone, CO 80520 DATED this // PI day of fre vy, r , 2006. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COU OF WELD COUNTY liter- Steve Moreno, Clerk& Recorder Ike J. Galls, Commissioner SEP 1 1 2006 Page 4 of 5 oiOc6- �59,2 OSAUG.29.200658 8:42RM82881827 Lisht,Harrington &Dawes -� FIRS II . 2 4 .6m002 PUG.24.2006 11;13PM APPR D AS TO FORM' ATTEST: r 01 the Board of County Commissioners Co My may 0E La gI +Y • e k to the Board ' ' \ k�1 ).L FIRES COLORADO Midmost P.Simone Mayor ROVED AS • FORM: ATT@t3T: Sa u J. Light iarlesda:11.23. T• omey own Clerk 1 Pape 5of3 Memorandum of Intergovernmental Agreement • • -20flfn Master For Conduct of General Elections The Town of Hudson , 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 7, 2006, 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 7, 2006, 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 olcM6- asp 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17`h Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23rd, Weld County Election Office, 1401 N 17`h Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/, Longmont, CO; New Frontier Building, 2425 351h Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: _ (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantos(a�co.weid.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 3ni-s16-9311 , fax: ln1_53(,_4753 E-mail: clerk@hudsoncoloradondorg Address: 557 Ash St. , P.O. Box 351 8'uisor, CO 80642 • DATED this — day of Cart-e- 1- , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COU TY OF WELD COUNTY etkl-trA-42- 271 Steve Moreno, Clerk & Recorder ike J. Geile, Commissio 1 1 2006 141 ateil APPROVED AS TO FORM: ¶TEST: tit ,�� C}I rk to the Board of County Commissioners ,A / __ , �� - tfic� ounty Attorney t7I gt eputy Jerk to the Board (Jurisdiction) Town of Hudson (Designated Election Official) �r Neal Pont4, . : , iO APPROVED AS TO FORM: ATTEST: SEAL O \ Atto for Jur i tion (Signature) rD;cenated Election O ignature) Page 5 of 5 6,7110‘4- Memorandum of Intergovernmental'Agreement. 2006 Master For Conduct of General Elections 0 141 .)67,16,114124/D , hereinafter referred to as "Jurisdiction," does hereby agree and contrasith 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 7, 2006, 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 7, 2006, 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 Ju 'sdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that p ion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 O66 -- a'S5ea c. Establish order of names and questiohtp1Jf$tiant.td C-6-406 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 ..4 !is 4,1 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23`d Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 1/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 b. Conflict of Agreement with law 1:: 2 , 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: - - ,,.1 (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantosco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice`t / shall be given to the Jurisdiction at: Phone: C17O - fax: `1 1O-687-Of4/ , E-mail: d C Q -Iowa O 4S40.-Q-n. Cc An Address: i®t elan in Likt Vik e3 Cb RDS 11 - DATED this day of , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD COUNTY LAGL,-- teve Moreno, Clerk & Record .,.' ike J. Geile, Commissioner SEP 1 1 2006 APPROVED AS TO ism .fat'C41.{- 's//n/^/¶ :he &doCo7nsionersF „ C my Attorney eputy C erk to the Board (Jurisdiction) e.,. .. .4..e54-4at_ (Designated Election Official) 1\aws&falut „owN or l ..yo,„ APPROV D TO FORM: I` AT �T: 0s A `; •. A rney for Jurisdiction (Signature) � `ated Election Official (signature) Page 5 of 5 ‘,;2©D6-cgS9 Memorandum of Intergovernmental Agreement :32006 Master For Conduct of General Elections Oco / Like A/ , 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 7, 2006, 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 7, 2006, 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 7, 2006, 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. Page 1 of 5 07m&) 57/ - c. Establish order of names and questions pursuant to § 1-5=406 forJurisdictioq's portion of the ballot and submit to the County Clerk in final form. The baltot-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 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 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 451h day before the election. Preparation of summaries of written comments shall be done by the jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no 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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23r° Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 1/2, Longmont, CO; New Frontier Building, 2429 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3of5 - 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone:. - (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsanto& co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (9790)Z62)--,5Z)14/ , fax: (9rb),� E-mail: KJced-g.rrc-z 1z n and .yn, LL,aten. Go.QS Address: i/O/ S i Pgidg 029e ,li. L Li ,vz=/i< Co 2.06-Y3 DATED this £6 11 day of ,4UG•uS C' , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD COUNTY Jt , on r tee , Steve Moreno, Clerk & Recorder ,� ' ike J. Geile, Commissioner SEP 1 1 2008 �7 _^7 k APPROVED AS TO FOR Iasi � z,;;�-ATTEST: Oarl V,-.47 Cl rk to the Board of County Commi sinners //Lilt I � tnG" County Attorney eputy the Board (Jurisdiction)SOL/i/s( o/_ '9i LL,x'k (Designated Election Officia 9,e, !`` !EF uCik, g, Z • APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (signature) Designated Election Official (signature) Page 5 of 5 &?GAD 6 C' 57Q - -" MMMtcrgrldum of Intergovernmental Agreement 2006 Master For Conduct of General Elections City of Dacono, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2006, 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 7, 2006, 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 den a 5907 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23`d, Weld County Election Office, 1401 N 17'h Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 1/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 - • r, i?: 3! 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 303-833-3775, fax: 303-833-5528, E-mail: velliott-lucero@ci.dacono.co.us and Address: P.O. Box 186, Dacono, Colorado 80514 DATED this 24th day of July, 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk & Recorder ike ieile, Commissioner SEP 1 1 2006 APPROVED,AS TO FORM: T;: EP) If') the: i:! sors ard ofmisine to S 2t. frm / , jJf ttorney eputy Clerk to the Board (Jurisdiction) IA o f La4o (Designated Election Official) Valle/it C11/0 IV- LEK C€ APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (signature) D signated le on Official (Signature) Page 5 of 5 -c Memorandum of Intergovernmental Agreement , For Conduct of Coordinated Elections ^ ' P 5: I0 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 7, 2006, 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 Clerks 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 7, 2006, and WHEREAS, the Jurisdiction agrees to conduct a General 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(2), 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 7, 2006, 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, Page 1 of 5 Gee& -o?sya 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 Titlel , Article IV, Parts 8 and 9, § 1-4-5071, § 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 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 retum 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 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 29, 2006, 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 7, 2006, 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, 1-10.5-110 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. Page 2 of 5 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. 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 a place for early voting and application for and issuance of absentee ballots at the office of the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23rd, Weld County Election Office, 1401 N 17th Avenue; Southwest Weld (Del- Camino), 4209 County Road 24 t/s, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S. Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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 g. 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. h. 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. Page 4 of 5 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) 353-1964, E-mail:crsantos@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. i ilk DATED this I 1 day of -ThT P* m 2Q l , 2006 WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COU OF WELD COUNTY jitifT, ..., / Steve Moreno, Clerk'/ and Mike J. Geile,C mi io er SEP 1 1 2006 �� ,7 � �� - i,It/ ,`� APPRO D AS TO FORM: � TTEST: p_,,, lerk to the Board of County Commissioners Cougt At omey - Deputy rk to the'Board CITY OF e Yi • T, COLORADO APPROVED AS TO FORM R Ma .r i . i n o� L. �Q EST: City Attorney o i `` ~"" �Fc „,4o l ' . AA. OjO3 . City Clerk Page 5 of 5 anol: - aqs v,R Memorandum of Intergovernmental Agreement 2006 Master For Conduct of General Elections `^ 7 of 0or" Ian , Color-0"A , hereinafter referred to as "Jurisdiction," does hereb 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 7, 2006, 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 7, 2006, 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 dcrE -a 54'Q 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23r° Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/Y, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11"' Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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 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. h. 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. Page 3 of 5 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 30S- t450- $155 , fax: 3O3 `f50- Slog , E-mail: dlentzPnort9ienh1P 9rd Address: CiN of- Nov 2V1V1 / Ow' Ci-hy Ckvv's 0-14 PO $o)c 330010( ,, Joti-kc lutvt C0. •D,233 —1alo f . / DATED this ` day of -Sect)O\6?r , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUN OF WELD COUNTY Steve Moreno, Clerk & Recorder M e J. e, Commissioner SEP 11 2006 if APPRO AS TO FORM: TTEST: �� 1/� Clerk to the Board of County Commissioners C\s" ounty Attorney Inv : - ' putt'Clerk to the Board (Jurisdiction) Cl-- f- N 0 OrA-(�I�v(yi (Designated Election Official) ID(cbtc . l--• 0-EU1.kz i MC APPROVED AS TO FORM: ATTEST: 6 741 tii1/4 i�`%,c Attpr ey fo urisdiction (signature) esignated EMtbn Official (signature) Page 5 of 5 Memorandum of Intergovernmental Agreement 2006 Master R For Conduct of General Elections e. • Weld County School District Re-8 , hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2006, 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 7, 2006, 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 Broomfield County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 &ere- asyoi 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North l7t" Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23r° Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 ''A, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantos anco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 303-857-3203 , fax: 303-857-3219 E-mail: viceretto@ftlupton.k12. and co.us Address: 301 Reynolds Street Fort Lupton, CO 80621 DATED this 14th day of August , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS !/f OF THE COUN Y OF WELD COUNTY Steve Moreno, Clerk & Recorder e J. Gdile, Commissioner 1 SEP 11 2006 APPROVED AS TO FORM: S4_ �' ;�: i`l'EST: / et tit 7"' €,�--Clerk to the Board of County Commissioners tWb ken_ ounty Attorney eputy CI k to the oard (Jurisdiction) Weld County School District Re-8 (Designated Election Official) Vicki L. Ceretto APPROVED AS TO FORM: ATTEST: Attor ey or Jurisdiction (signature) Designated Election Official (signature) Page 5of5 Memorandum of Intergovernmental Agreement 2006 Master For Conduct of General Elections Weld RE-9 School District , hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2006, 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 7, 2006, 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23id, Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/z, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11'h Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantosco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (970) 834-1345 , fax: (970) 834-1347 E-mail: jfowler@weldre9.k12.co.us or dscheer@weldre9.k12.co.us Address: PO Box 68 Ault CO 80610 DATED this 22nd day of August , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY r, 6 Steve Moreno, Clerk & Recorder i e ei e, Commissioner SEP 1 1 2006 APPROVED AS TO FO • ` ST: '�� 41.4 1161 ,.. < -srleek to the Board of County Commissioners County Attorney eputy rk to e Board (Jurisdiction) o� t�fiG/ 24_4 Lowell Stuehm, President Board of Eduction (Designated Election Official) — & , o Janea owler APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (sgnawre) Designated Election Official (signature) anno S of F O74''616 Li)S5 Memorandum of Intergovernmental Agreement `' '; .' : .i:2D) 6 Master For Conduct of General Elections o12zrarEk, I i2/6 Hsu I tee P rFc,riotu L51 , 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 7, 2006, 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 7, 2006, 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 Aoams 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, §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 ere �S f c. Establish order of names and questions pursuant to §14-406.fgThe r11,�1 ' diction's portion of the ballot and submit to the County Clerk in final'fotAi.Th 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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. 4. Duties of County Clerk " i H: : 3 7 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23r°, Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/:, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a"contact'to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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 •- ,1 7 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 posses, 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: .,; '!: 7 (970) 304-6525, Extension 3178, fax(970) 353-1964, E-mail: rsantosaco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 3C36594I01 , fax 303&594103 , E-mail: C par ker e hJhpd ,orj and Address: 475 3T14 iUArti ST Reit/4TO/J Colo 80601 DATED this• / I day of 5csta,„kicr' , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUN OF WELD COUNTY EL Steve Moreno, Clerk & Recorde Mi e J. I�/eile,�C�ommmisssiioonn�er SW 1 1 2006 1361 ST. /b�"Tu.''/ ��!/�G1 APPROVED AS TO F " 4 �q C to the Board of County Commissioners e , Witt. County Attorney Deputy rk to a Board (Jurisdiction) [IRilATE deI H i76 `TO& /� /)edrecn cA,si rc r (Designated Election Official) Apo B€ie r G• 194,2ire APPROVED AS TO FORM: ATTEST: 2 hit SB. g:t Attorney for Jurisdiction ( gnaw} Designated Election Official (signature) Page 5 of 5 Memorandum of Intergovernmental-Agreement , , 2006 Master For Conduct of General Electiohs' " ?\\xte_ Jr,.\keem , hereinafter referred to as "Jurisdiction," does hereby agree aria 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 7, 2006, 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 7, 2006, 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 7, 2006, 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. Page 1 of 5 c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerkin final t`mr•m.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 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 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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17`" Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23r° Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/z, Longmont, CO; New Frontier Building, 2429 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone:' r,. (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantosco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (q,0)3S3 -3,00 , fax: (gtio) 3S3- 489O , E-mail: esi ' jand Address: ?JD } I Si- St. 1?c. 3CK u48 14erset , CD &Dt94L1 • DATED this 30 day of Ausuc\ , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUN OF WELD COUNTY Steve Moreno,ék &tco EllenMi e . Celle, Commissioner SEP 1 1 2006 APPROVED AS TO FORM: issi A�9� EST: 444. rk to the Board of County Commissioners t. (Li -Cy'1C�. County Attorney Deput ,Clerk o the Board (Jurisdiction) ?k k2 JcJV "•,re ti:\ecitO h A. (Designated Election Official) l.asrle S'1 MonC)S APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (Signature) Designated Election Official (Signature) Page 5 of 5 &nee, -0S51a RESOLUTION NO. 2006- A RESOLUTION CALLING FOR AN ELECTION ON THE ISSUES OF INCREASING THE GENERAL OPERATING MILL LEVY BY TWO MILLS. WHEREAS the Board of Directors (the "Board") of the Platte Valley Fire Protection District, ("District"), hereby determines and declares that the interest of the District, and the public interest and necessity, require that the District increase its operational revenues and expenditures to more effectively carry out the objects and purposes of the District; to offset the increasing costs of fire protection and emergency medical services, and to enable the District to hire paid personnel to effectively meet the increasing demands resulting from the growth and development within the District,particularly to provide emergency response during day time hours; and WHEREAS pursuant to the provisions of Article X, Section 20 of the Colorado Constitution, voter approval is required for the District to increase its mill levy; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PLATTE VALLEY FIRE PROTECTION DISTRICT: Section 1. At the election to be held on Tuesday, November 7, 2006, there shall be submitted to the electors of the District a ballot issue seeking permission to increase the existing mill levy, the ballot issue to be substantially in the following general form: BALLOT ISSUE 5A: SHALL THE PLATTE VALLEY FIRE PROTECTION DISTRICT TAXES BE INCREASED BY $636,909 COMMENCING IN TAX YEAR 2007AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY A MILL LEVY OF NOT MORE THAN 2.0 ADDITIONAL MILLS, THE PROCEEDS OF WHICH ARE TO BE USED FOR COMMUNITY AND SCHOOL FIRE PREVENTION EDUCATION AND SAFETY PROGRAMS, REPLACEMENT OF FIRE EQUIPMENT, FOR CAPITAL IMPROVEMENT PROJECTS, AND HIRING ADDITIONAL PERSONNEL TO SUPPLEMENT THE VOLUNTEER STAFFING, AND SHALL THE PROCEEDS OF SUCH TAXES BE COLLECTED AND SPENT BY THE DISTRICT AS VOTER APPROVED REVENUE AND SPENDING CHANGES IN FISCAL YEAR 2007 AND IN EACH YEAR THEREAFTER, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR SECTION 29-1-301, COLORADO REVISED STATUTES? Section 2. The President and Secretary and other agents or employees of the District, specifically the Designated Election Official, Carrie Simonds, shall and they are hereby authorized and directed to take all actions necessary or appropriate to effectuate the provisions of this Resolution. E W OV 06 BALLOT RESO 2 MILL IDOL 1 08/29/06 4 09 PM-JLM Section 3. The provisions of the Uniform Election Code of 1992, Sec. 1-1-101, et seq., C.R.S., as amended, shall govern this election, except as may be modified by Sec. 32-1-801, et seq., C.R.S., as amended. Section 4. Should any part or provision of this Resolution be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. Section 5. All acts, orders, resolutions, or parts thereof, of the District that are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict. Section 6. The provisions of this Resolution shall take effect immediately. ADOPTED AND APPROVED this 29`h day of August, 2006 PLATT�E4VALLEY FI PROTECTION` DISTRICT President Melvin Horst A motion to adopt the foregoing Resolution was duly moved by Director Gardner and seconded by Director Spalding, put to a vote and carried upon the following vote: 5 AYES; 0 NAYS. Thereupon the presiding officer declared the motion ca ';d and the Resolution duly passed and adopted. cre ary Don:ld '.tch E:NOV CB BALLOT PESO 2 MILL.DOC 2 00/29/043 0:09 PM-JIM Memorandum of Intergovernmental Agreement 2006 Master For Conduct of General Elections ,.r, ,,,, ,t,, G112: 33 Prairie School District RE-11J , 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 7, 2006, 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 7, 2006, 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 Logan 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1 of 5 c9e9e pa's 74 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17`h Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23rd Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 1/z, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3of5 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970) 304-6525, Extension 3178, faxes 3011 — 6 S-66 E-mail: rsantosco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 970-437-5351 , fax: 970-437-5732 E-mail: Jkimmel@frii.com and Address: 42315 NCR 133, PO Box 68 New Raymer, CO 80742 • DATED this 21st day of August , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THREE COU Y OF WELD COUNTY .77 Steve Moreno, Clerk & Recorder ike J. Geile,e �Coom /mii/sAsiioo/ner SEP 1 1 2006 APPROVED AS TO FORM ,.,..�A9�TEST: tit 1 \\/..:Clerk t the Board of County Commissioners County Attorney v r-,A r Q� s / puty CI to t a Board (Jurisdiction) Prairie Sdhool District RE-11J p • (Designated Election Official) R. Joe Kimmel APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (signature) D signs Ele ion Official (s nature) Page 5of5 &eve: • 5<r1 Memorandum of Intergovernmental Agreement. r, 20O6 Master For Conduct of General Elections` ' ' ' '" -' Thompson School District R2-J , 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 7, 2006, 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 7, 2006, 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 Boulder and Larimer 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 7, 2006, 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. Page 1 of 5 &oo c 514 c. Establish order of names and questions pursuant to § 1.5-406-for Juriscliotign'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 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 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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17th Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23'" Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 %, Longmont, CO; New Frontier Building, 2429 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11"'Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a"contact'to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 b. Conflict of Agreement with law • r 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970)304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantos4co.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: 970-613-5013 , fax: 970-613-5088 E-mail: wilsonj@thompson.k12.co.ighd Address: 800 S. Taft Ave., Loveland, Colorado 80537 DATED this 28th day of August , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF HE *-7 G�/ Steve Moreno, Clerk& Recorder e Jetfe, Commissioner SEP 1 1 2006 APPROygrayS TO FO ] y, TTEST: zir 'jtiJ rk to the Board of County 1861 unty Attomey ;117 uty Cle to the Board (Jurisdiction) Thompson School District R2-J (Designated Election Official) Jeannette Wilson APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (signature) esigna d Election Officia (signature) Page 5of5 C^� .c.59c Memorandum of Intergovernmental Agreement 2006 Master For Conduct of General Elections Water Valley Metropolitan District No. 1 , hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2006, 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 7, 2006, 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 )ae&.f4 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1of5 acc6 ��a 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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. Page2of5 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 17`h Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23r°, Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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. h. 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. Page 3 of 5 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 posses, 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. Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 353-1964, E-mail: rsantos(Wco.weld.co.us, Address: PO Box 459, Greeley, CO 80632 The Jurisdiction notice shall be given to the Jurisdiction at: Phone: (303) 858-1800 , fax: (303) 858-1801 , E-mail: sallen@wbapc.can and Address: 1805 Shea Center Drive, Suite 100 Highlands Ranch, W 80129 . —ts` DATED this 1 r day of So-e,rh1e r , 2006. WELD COUNTY CLERK & RECORDER BOARD OF CO NTY COMMISSIONERS OF THE CO Y OF WELD COUNTY .k•-•-g- Steve Moreno, Clerk & Recorder ike J. eile, Co �g� mmissioner SEP 1 1 2006 APPROVED AS TO FORM EST: i7 _ '/ �G""`�'� Met 1.: tit rk to the Board of County Commissioners a ;'� " Litt ICS County Attorney , r-. Deputy QIerk to the Board Water Valley Metropolitan (Jurisdiction) Distri No. 1 (Designated Election Official) APPROVED AS TO FORM: A EST: i At y for Juris Iction (signature) D ig d Election Official (signature) Page 5 of 5 j • Memorandum of Intergovernmental Agreement 2006 Master For Conduct of General Elections Water Valley Metropolitan District No. 2 , 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 7, 2006, 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 7, 2006, 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 'end 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 7, 2006, 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 7, Article IV, Parts 8 and 9, § 1-4-507, § 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. Page 1of5 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 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 and 1- 4-125(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 29, 2006, 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 eligibly to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2006, 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, 1- 10.5-110 or 1-112-215 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. Page2of5 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 a place for early voting and application for and issuance of absentee ballots at the Weld County Election Office, 1401 North 171h Avenue, Greeley, CO from October 6 — October 22, 2006, and the five Early Vote Sites starting October 23`d, Weld County Election Office, 1401 N 17th Avenue, Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 'A, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 23 — November 3, 2006. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday — Friday, starting October 23, 2006, and ending November 3, 2006. d. 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. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. 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. g. 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 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. h. 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. Page 3 of 5 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 posses, 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. II Page 4 of 5 f. Notice shall be given by Jurisdiction to the Clerk by phone: (970) 304-6525, Extension 3178, fax (970) 353-1964, 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) 858-1800 , fax: (303) 858-1801 , E-mail: sallen@pc• and Address: 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 • t t% DATED this j day of , p}emkdC" , 2006. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD COUNTY ___7&-e., 4r777 /`�� SEP 11 2006 Steve Moreno, Clerk & Recorder ike J. Geile, Commissioner��si� er�� a" ,,#4.0 /�7/l/G r .7 APPR AS TO FORM: „,,./:-.7..„:' � ' TTEST: c ��,'� lerk to the Board of County Commissioners fret /jut , _( , tii la County Attorney „, %,;, puty CI to the Board Water Valley Metropolitan (Jurisdiction) District No. 2 (Designated Election Officia APPROVED AS TO FORM: ATTEST: % rJuriction (signature) D ign t ion Official (signature) Page 5 of 5II c eO6 vet`f Hello