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Home My WebLink About20022575 tttr� (^ ... ? T�'2 "JP�_ -6 Ei 3: 28 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections North Weld County Water 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 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-116(1), C.R.S.,and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: Page 1 of 8 2002-2575 1. The Jurisdiction encompasses territory within Weld County and LR 2t m e e County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in 14.6 herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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 91 4(g) of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to 9[3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 '/ (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 9[3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3178, fax number: (970) 353-1964, E-maik<rpropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: (9'io) 56 jo- 3c 2,0 , fax: 395-0997, e-mail: i-0n r E�nu;c<t.; . o rl and address: Po. en `'1 r0 Lucn&�f Co gorn(4-(o Page 7 of 8 DATED this /(pfk- day oft.,l .— , 2002. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD a idea J.A. "Suki" Tsuka oto Glenn Vaad, Chair (11110/2.034 APPROVED AS TO FORM: ATTEST:gN —� Clerk to the Board.of psitfycommissionet ot unty Attorney Deputy Clerk to the Board (Jurisdiction) &CtV 4 'OE.11> COO(Uri tA)ATE,JL, D1S ri2�C� (Title) Y cl-n1A F:E _ APPROVED AS TO FORM o4.1)(O4Azk ATTEST: (Title) Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Wiggins Rural Fire District,hereinafter referred to as"Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-116O), C.R.S.,and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: Page 1 of 8 1. The Jurisdiction encompasses territory within Weld County and County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates,ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant tot-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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¶4(g) of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to¶ 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 %2 (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 ¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties,their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 114 - VP3- ' tic , fax: 'in- 712 3. e-mail: $a-t, and address: to, $e . 333 w:yj` rs CO yo6sy . Page 7 of 8 DATED this 2 day of Ye, 7`. 2002. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AL .A. "Suki"Tsukamoto Glenn Vaad, Chair 9 /&/.2Ck)-) APPROVED AS TO FORM: ATTEST:, e � Clerk to the Board of doutt i Comm ssiclherg \ 2 v unty Attorney, Deputy Clerk to the Board (Jurisdiction) L✓�'j q,a c r,,,, b Jfi- (Title) APPROVED AS TO FORM ATTEST: (Title) Sac r&,7 *_7 Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement p�619 K for Conduct of Coordinated Elections WA�co0.reic SouthEast Weld Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and ndaini County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in 1 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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 14(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to Y 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 '/2 (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 Y 3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp @ co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: S23 - 7 - 4acQ1 , fax:3 3 - 7&?- 0599 e-mail: and address: _._ Ray_ i37 --1<e8nes ha rq, (o (€044.3 Page 7 of 8 DATED this /lot day of ernlaa,�- , 2002. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD // " a a �.A. "Suki"Tsukamoto Glenn Vaad, Chair / •l-) APPROVED AS TO FORM: Al l'EST:, iutgted • 6` Clerk to the Board of nt/Cntil n sign ounty Attorney Deputy Clerk to the Boar c (Jurisdiction), U44-1 PddS W Pict Prote4ton &s+rlct (Title) 4--c<.--z, APPROVED AS TO FORM r. /R ATTEST: (Title) Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Platte Valley Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Nfl County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant tot-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in Y 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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¶4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant tog 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 'h (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 1 3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525,Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp @co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: C9r- J �R5.7 S ( , fax: e-mail: Ebcc 95 ® o.oL C-szln and address:_ . 307 ( JCR S.3 K�rf , CO g dog ti Page 7 of 8 AUG-3G-2002-FRI 11 :39 AM FISK LAW FIRM FAX 8 . 303 413 1003 COI 001 FROM : __� __ Ff,X NC. : 97rzs'+3s90 Aug. 29 2002 08:36 M PI 44%DATED this 'a�{o day of i.W .2001 WELD COUNTY CLERK&RECORDER BOARD OP COUNTY COMMISSIONERS OF THE COUNTY OF WELD 4/42 4 a- 1S J.A. "Saki"Tsukamot Glenn Valid,Chair (4)/1 a00A APPROVED AS TO FORM: ATTEST: / 6:J Clerk to the Board of C Oty/44trapiaitI `�✓� • ty Attorney Deputy Clerk to the Board (Thrisdietion)fri nc F (Title) as 04Vir APPROVED AS TO FORM ATTEST:124y C. Mtle)Sicsc„Sc__ Auorncy for Jurisdicti 303— 1767-151100 Pape 8 of 8 D C,,") ^i y REC m? Sr -P of Intergovernmental Agreem Ytf " fy -5 All 9: 35 for Conduct of Coordinated Elections Frederick Firestone Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Tenn of Agreement: This Agreement is intended only to deal with the conduct of the November 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in j 4.6 herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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 Y 4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to 1 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 Yz (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties,their officers,or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp @co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 3 3 2 7 Y Z , fax: 3O3- 13 3 -3 7.3.6 Ch ili' WOr�b?I'4rTa. er e-mail: �7� e{'�.hrUcjti_ 2 nd address: /), D ' /3c)k 1,2_9 RuziGdt..L FC L't9 ?DS-3 0 Page 7 of 8 DATED this IA day of ' �`I"'irvbw- , 2002. WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD N‘ AlLW1 d t• J.A. "Suki"Tsukamoto Glenn Vaad, Chair q /[t 200x_ APPROVED AS TO FORM: ATTEST: 4,07j/ )j Clerk to the Board of tin �oln ,:sett z County Attorney Deputy Clerk to the Board 7, ec&u� ; g` (Jurisdiction) L (Title) cam \��/�� DD�/�� APPROVED AS TO FORM " c�G�-ty ArIEST: a ,,� �--N Cf„,27:3:iLA , (Title) Attorney for Jurisdiction Page 8 of 8 • i r7-1 r' Cr*, ,r ? nrC Memorandum of Intergovernmental Agreement 2"'1 CEP -6 19 9: t 6 for Conduct of Coordinated Elections Ault Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). 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 5, 2002,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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 14-805, 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 55 days before the election, pursuant tot-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in 1 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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 Y 4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to 1 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 �h (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 • 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties,their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:apropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: C� phone: 91 O _35o �z�� , fax:1 e-mail: and address: i s I D cS ( CfOJ( 3J Page 7 of 8 "J' 92-PT �mVV( DATED this 1-4 1' of , 2002. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ifG/� c wt UA�k S J.A. "Suki"Tsukamoto Glenn Vaad, Chair (Ci filf/2061 APPROVED AS TO FORM: AI VEST: Clerk to the Board o oui s unty Attorney Deputy Clerk to the Bo •• ' �O, (Jurisdiction)�AU,C_ f qC- c(LCCIC \Cfl CAC .1ASr resf kGI1 dCt.kea�Ft APPROVED AS TO FORM 1c �� fC • A ITEST: (Title) Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement AUG 1 92002 for Conduct of Coordinated Elections WELCCGUNry.CLERK Highland Schools Weld Re-9, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County dp¢ //7///I//7/ ///11 // &Wily }. 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 14-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in Y 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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 Y 4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to¶ 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 1/s (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers,or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)304-6525,Extension 3178, fax number: (970) 353-1964, E-mail:apropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: Tic - 8311 — , fax:23-1- 13g7 , e-mail:cleajerb&i roeitAkire4, Y LC t,,tic and address:_ PQ_ 1 tog_Atuf ('Q �O ------ --- Page 7 of 8 DATED this J1i day of omr , 2002. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamoto Glenn Vaad, Chair (q/lithOG1) APPROVED AS TO FORM: Al lEST:LS Clerk to the Board of un iss :F,6 ounty Attorney Deputy Clerk to the Boar (Jurisdiction) (Title) SUv n lord-e if APPROVED AS TO FORM Al VEST: VIL (Title) /7'G>" , Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Windsor School District RE-4, 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 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). 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 5, 2002,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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5406 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 55 days before the election, pursuant tot-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in j 4.6 herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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¶4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to 1 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 ' (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 113.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers,or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525,Extension 3178, fax number: (970) 353-1964, E-mail:apropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: (970) 686-8000 , fax: (970) 68,6-5280 e-mail: vscheffer@windsor k12 en nc and address: 1020 Mal. treet ._Q_ Box 6nq__________ Windsor, CO 80550 Page 7 of 8 DATED this Li day of opr-embzr-- , 2002. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THEE COUNTY OF WELD J.A. "Suki"Tsukamoto Glenn Vaad, Chair 0/102001) APPROVED AS TO FORM: ATTEST: / I� Clerk to the Board of t w.4 Cfotitui% C my Attorney Deputy Clerk to the Board��►� (Jurisdiction) WELD COUNTY SCHOOL DISTRICT RE-4 (Title) ( :c Alan D. Hergert , esident APPROVED AS TO FORM ATTEST: (Titl rte--^ , • nnie Rodgers , . , ecretary Attorney for Jurisdiction VVV Page 8 of 8 EDUCATION FOR LIFE W NDSOR Brian L. Lessman Superintendent of Schools August 21, 2002 Mr. Randy Propp Elections Department Weld County Clerk P.O. Box 459 Greeley, CO 80632 Dear Mr. Propp: Enclosed please find three originals of the Memorandum of Agreement for Conduct of Coordinated Elections which have been signed by the President and Secretary of Weld County School District Re-4. Please circulate the agreements for signature and return a fully signed original to our office. Also enclosed is the Resolution containing the wording of the ballot question for the November 2002 ballot. Please feel free to call this office if you have any questions. Thank you. Sincerely, Valerie Scheffer Secretary to the Superintendent WELD COUNTY SCHOOL DISTRICT RE-4 1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-7411 • Fax (970) 686-5280 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections St Vrain Valley School District RE-1J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Boulder , Lorimer & BroomfielcCounty(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates,ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in 1 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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¶4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to Y 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 ' (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp @co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: (303) 682-7203 , fax: (303) 68,2-7343 e-mail: kirk1and_ken@stvrain.kl2 . co Sand us address: 395 S . Pratt Parkway Longmont , CO 80501 Page 7 of 8 DATED this /O- day of Sep-lei-Lc , 2002. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD LLedl J.A. "Suki"Tsukamoto Glenn Vaad, Chair (9/1672-00)) APPROVED AS TO FORM: ATTEST: g l p��'/,�,// 1/41 Clerk to the Board of nt koks r Co y Attorney Deputy Clerk to the Board ST. VRAIN LEY S tSTRICT (Jurisdiction) enne . Air land (Title) Assistant Superintendent for Business Services APPROVED AS TO FORM ATTEST: /f„ y g Div Ce (Title) AtAiti71 Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections City of Longmont, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder,hereinafter referred to as "County Clerk,"concerning the administration of the November 5,2002,coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter "Code"), and the rules and regulations promulgated thereunder,found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority,such election to occur via polling place on November 5,2002, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1),C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS,such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2),22-31-103, and 29-1-203,et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein,the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Boulder County(ies). 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 5, 2002,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, § 14-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to§ 14-805,C.R.S. 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 55 days before the election,pursuant to1-5-203(3),C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102,C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in q 4.b herein which notice may incorporate the County Clerk's notice pursuant to§ 1-5-205(1.2),C.R.S. h. 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 5. 2002, 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 q 4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to§ 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to q 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue,Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 1 (DelCamino),Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and mannerrequired by the Code. 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 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 Page 6 of 8 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties,their officers,or employees may possess, except as expressly provided in this Agreement. e. _ This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)304-6525,Extension 3178, fax number: (970)353-1964, E-mail:<rpt•pp@co.weld.co.us>, address: P.O.Box 459,Greeley,CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 303-651-8650 ,fax: 303-774-4721, e-mail: vataria skit tract.longmont.co.us and address: Valeria Skitt, City Clerk 350 Kimhark Streaf . Longmont, Colorado 80501 Page 7 of 8 DATED this 41,1±' day of Sfi ,2002. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD .A. "Suki"Tsukamoto Glenn Vaad,Chair (q//b/-Joc7.1) APPROVED AS TO FORM: ATTEST:L EW La Clerk to the Board of Co y n C my Attorney — Deputy Clerk to the Board (Jurisdiction) (Title APPROVED AS TO FORM / r i ATTEST: km\ 4- , (Title Y7a Attorne for Jurisdiction Q*13- CQAt U ,0yON404, F Page 8 of 8 CO LOS ,I;) SE? -5 r.'1 0: 01 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections City of Greeley , hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-116(1), C.R.S.,and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein,the parties agree as follows: Page 1 of 8 0\ C t'1 [Q: CI 1. The Jurisdiction encompasses territory within Weld County and a C.o C--eufty(-ies). This Agreement shall be construed to apply only to th portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant tot-5-203(3), C.R.S. Page 2 of 8 q'y =cjrf y r`i' - 202 SEP -5 R:11 : 01 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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¶4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 9�j 2n^ :-F -5 `;`1 10: 01 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 A Page 4 of 8 ,q 17 Fr -5 ;i !ft 01 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 and the designated election official is responsible for any additional notices pursuant to¶ 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 'h (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 q�j 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 �q� 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 ¶3.h ofthis 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 ofthis Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 970-35D-9'l'k 2. , fax: 9'1D-35b-,982,8 e-mail: EVACiER c reAlLe f.eo•o c and address:_oot2_i_e�`;tilPa- I (iepeae ,CA 4D L�4 Page 7 of 8 rl '� 1 DATED this lipit day of szmLera , 2002. WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamofal---"C " Glenn Vaad, Chair (9 /fie%o, ) APPROVED AS TO FORM: ATTEST: LI/ Clerk to the Board 1Gdunt); rs 1p4 I r Co ty Attorney Deputy Clerk to the Board (Jurisdiction) Set n}\aahec\ Scrakoee pne (Title) APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Page 8 of 8 py MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS 2002 Master Agreement CITY OF GREELEY, COLORADO by b ,_ p.c.p CI U Jerry A. Wones, Mayor 4r,\jwrri� ATTEST: da sh Betsy Holder City Clerk APPROVED AS TO SUBSTANCE: Leonard A. Wiest, City Manager APPROVED AS TO LEGAL FORM: Richard P. Brady, City Attor ey APPROVED AS TO AVAILABILITY OF FUNDS: CL -77 Al:2 Tim Nash, Director of Finance \R'k Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections City of Fort Lupton, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in 1 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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 1 4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to% 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 1/2 (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties,their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp @co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 303-857-6694 , fax: 303-857-031 e-mail: cityclerk@frii.net and address: P.O. Box 148 Fort Lupton, Co 80621 Page 7 of 8 DATED this )10' day of So(tiin& — , 2002. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD �" L/nu J.A. Saki"Tsukamoto 11 Glenn Vaad, Chair (9//1a/iooi APPROVED AS TO FORM: A1ThST: / ' etifid N..\\ e 4 � ✓ Clerk to the Board of l ,'ofd nIl�ssigper* K...„. o Fr5T-Pi Xi t unty Attorney Deputy Clerk to the Board (Jurisdiction) City of Fort upton (Title) Mayor APPROVED AS TO FORM Al TEST: Cdr /' duti.7iVa.f2Qet,¢., (Title) City Clerk Attorney for Jurisdiction Page 8 of 8 v � SF,o MEMO o FORTis_ 4 `L.`4.: CITY CLERK u. tif' �'� • • Vii? X CITY OF FORT LUPTON 130 S McKINLEY AVENUE, P.O. BOX 148 cot moo FORT LUPTON, CO 80621 303-857-6694 x 101 Performance,integrity,teamwork Accountability and Service To: J. A. "Suki" Tsukamoto Weld County Clerk & Recorder Election Department > From: Barb Rodgers - tT v Date: September 2, 2002 Subject: Intergovernmental Agreement for Conduct of Intergovernmental Agreement for conduct of Coordinated Elections Enclosed are two copies of the above IGA. Please provide the City of Fort Lupton with one of these copies containing all signatures after appropriate action of the Board of County Commissioners. Please call me if you have any questions. Thank you. Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections • City of Evans, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: - 1. The Jurisdiction encompasses territory within Weld County and County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates,ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to 1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in 9[ 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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 Y 4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. 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. j. 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. k. 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. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to 13.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 ' (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November I, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 1 3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:apropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 5N- 5394 ►trt , fax:330' 3y1J, , e-mail: Y)be-kz t CI. too n5, (O. uS and address:_ 314\ aSk `( vans CO 'gblo�lO Page 7 of 8 DATED this I1P ' day ofinbeir' , 2002. WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD id//YaGi.(61...51 J.A. "Suki" Tsukanf - Glenn Vaad, Chair 0)/0/.10o;A APPROVED AS TO FORM: A 11'EST:: � � ri7d ti'r_ T\ Clerk to the Board py>at rpisEtor \fss 'Co 7y Attorneys Deputy Clerk to the Boar v ` (Jurisdiction) (.0 n5 (Title) in APPROVED AS TO FORM 00 ATTEST: « / (Title) CA C.Ie YK Attorney for Jurisdiction t Page 8 of 8 Memorandum of Intergovernmental Agreement AVG 2 6 20pz for Conduct of Coordinated Elections WELD COUNTYCLERK Weld County School District RE-3(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 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 4\8CanMS County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in Y 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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¶4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. i. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to Y 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 ' (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:<rpropp @co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: (3 0 3) S 3 to - L O O O , faxC3o 3 S 3 20 l ° e-mail: Mary nc . bz\-nc\-.he ce.cs and address: .1.0 . a0 1 b 9 Keenes6Urq Co 8060-1 3 Page 7 of 8 DATED this j/if- day of Sitn r— , 2002. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AndleAg/ "-- J.A. "Suki"Tsukamote--r" Glenn Vaad, Chair (Q/110/20U1, APPROVED AS TO FORM: A 11'EST: J D D �> Clerk to the Board of .oil, Ky" iiuisis ` n:?�, /7 „ ,:,, f/ _ tot. r gam' unty Attorney VI A Deputy Clerk to the Board (Jurisdiction) We Ic et 3 (7) (Title) a e s 4- a et APPROVED AS TO FORM A 1"1'EST: �.it; 1_ ' ,-7 / ;@/K / �� (Title) 5€ cf-e `c / Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections City of Brighton, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 5, 2002, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 5, 2002, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Adamc County(ies). 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 5, 2002, 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(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to1-5-203(3), C.R.S. Page 2 of 8 d. Publish and post notices of election pursuant to § 1-5-205, 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,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 September 6,2002,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 14-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. 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 5, 2002, 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¶4(g)of this Agreement. If the Jurisdiction cancels the election Page 3 of 8 before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ 1-10.5-101, 1-10.5-104 or 1-11-215, C.R.S., except for costs collected from an "interested party pursuant to § 1-10.5-106. 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. j. 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. k. 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. 1. Carry out all actions 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 Page 4 of 8 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 and the designated election official is responsible for any additional notices pursuant to Y 3.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the Weld County Clerk and Recorder and 4209 County Road 24 'h (DelCamino), Longmont , Colorado, at the substation of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the issuance and acceptance of electronic absentee ballots to be cast by overseas military personnel in accordance with C.R.S. § 1-3-103.5. 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 Page 5 of 8 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 shall be conducted by the County Clerk in the time and manner required by the Code. 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 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 Page 6 of 8 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 13.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)304-6525, Extension 3178, fax number: (970) 353-1964, E-mail:apropp@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 303-655-2012 , fax903-655-2158 e-mail: khnrknwski@ri hrighror.ce.us and address: Karen Borkowski, City Clerk, City of Brighten, ___ 22 S. 4th Ave. . Brighton, CO 80601 • Page 7 of 8 DATED this iti day of aptry,a,r , 2002. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AA d J.A. "Suki" Tsukamoto s' Glenn Vaad, Chair (9014a,00-1- APPROVED AS TO FORM: A1"1'EST:LD /4/y , Clerk to the Board of Co ty of nerS ` r 186 , my Attorney Deputy Clerk to the Board T t 4-7,(214 C 4614 (Jurisdiction) City of Brighton (Title) Mayor APPROVED AS TO FORM i( A ITEST: _ %r i t; vt'RN n (Title) City Clerk Attorney for Jurisdiction Page 8 of 8 CITY OF BRIGHTON 22 SOUTH 4TH AVENUE I BRIGHTON, COLORADO 80601 I (3031 655-2000 V August 26, 2002 Randy Propp Weld County Election Dept. Office Manager Weld County P.O. Box 459 Greeley, CO 80632 Re: IGA for November 5, 2002 Election Dear Mr. Propp; Enclosed please find three original, signed copies of the IGA. It is my understanding that you will return one executed copy to me. Sincerely, /IA de44UL----- Karen Borkowski City Clerk Enclosure CC: file Hello