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Home My WebLink About20012630 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections WELD RE-1 SCHOOL DISTRICT, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 2001-2630 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: c 1 l7© - 737 - a`l o 3 , fax: 737- 2.5J/c, e-mail: borbiecrdmond corrl and address: P.0 tax /57 forest Co IS O6 Page 7 of 8 DATED this /� day of 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD /�✓ J.A. "Suki" Tsukamot M.J. Geile, Chair n9/la/dl APPROVED AS TO FORM: E 4, EST: geleteamiff 186! T‘St o the Board of County Commissioners Co y Attorney/ Deputy Clerk to the Board (Jurisdiction) oz _ (Title) APPROVED AS TO FORM ATTEST: litytioz4r (Title) Jt^ a Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections ST VRAIN VALLEY RE-1J SCHOOL DISTRICT, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Boulder and Larimer 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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) 682-7343 e-mail: kirkland ken@stvrain.kl2.co.us and address: 395 South Pratt Parkway Longmont, CO 80501 Page 7 of 8 DATED this _'"day of � , 2007. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD en J.A. "Sul&Tsukamoto!/" M.J. eile, Chair p9//alt) APPROVED AS TO FORM: III EL TEST: • A A ISfiI ) o the Board of County Commissioners AIR Co Attorney , Deputy Clerk to the Board ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J (Jurisdiction) Kenn t J. Kir land (Title) Assistant Superintendent for Business Services APPROVED AS TO FORM ATTEST: edit° y l -41 (Title) _...,daytetitt Attomey or Jurisdiction Page 8 of 8 1.,c1 Tcrs 27! 1.7, 3 l'.1 II: 08 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections EATON SCHOOL DIST RE-2, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County , Orr /////// // //7777777''7/77,/fzSece<sy This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 910 45'1-3"1.02. , fax: `flo - 4 S 4 ; S\93 k c ca t eA e k cwt..•,. it. co . �] e-mail: —� u,vR�w e ec �+ •kit. Go . and address: aoc Paav_ Poi(wk.4 t- pcQ..) LO 6ob1S Page 7 of 8 DATED this 29 day of August , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Qcw J�Tsukamoto M.J. G ile, Chair 09/AVO APPROVED AS TO FORM: mkg g' TT a illa eeifir);- I to the Board of County Commissioners 1Y r a Co Attorns Deputy Clerk to the Board (Jurisdiction) (Title) Eaton RE-2 Board of Education President APPROVED AS TO FORM ATTEST: 4u6184-4 � (Title) Eaton RE-2 Board of Education Secretary Lt�-�•I?v��-2n� `�`'I ��" Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Thompson School District R-2J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County, Larimer and Boulder Counties. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2001, 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 §§ 1-1-110(3) and 1-5-203(3), C.R.S. 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 4, 2001, and provide copies 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. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2001, 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 914(g) of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1-10.5-101(2) or 1-11-215, C.R.S., unless otherwise provided pursuant to §§ 1-10.5-106 and 109. 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 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 913.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes, and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code 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 fords that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages, not as a penalty, refund all payments made, pursuant to 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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction do Cindy Simkowski, at phone: 970-613-5000 fax: 970 613-5088, address: 535 N. Douglas Avenue, Loveland, CO 80537. id— DATED this /4 day of , 2001. WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ›ms y�r I J.A. "Suki" Tsukamoto�k M.J. Geile, Chair ©9%i /O APPROVED AS TO FORM: ST: 1861 :1:11-(:,i'lli.::;,::\i,EllAILITI;'% to the Board of County ssioners ,,-"H>7;'-<--/ l kD unty Ai(orney Deputy Clerk to the Board THOMPSON SCHOOL DISTRICT R-2J (Title) t,Lcnr>>t.A zr c_11Y rJ s mot. , relr�% Le4Cu'G APPROVED AS TO FORM ATTEST: W."7-6mer— ic (Title) /abu se , 44-tr—icw. lift e« Attorney for Jurisdiction .Zc-iu 42-e o`u 1 I: Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Weld County 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 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2001, 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 §§ 1-1-110(3) and 1-5-203(3), C.R.S. 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. £ Accept affidavits of intent to accept write-in candidacy up until close of business on September 4, 2001, and provide copies 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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the fmal date of registration prior to the November 6, 2001, 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 914(g) of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1-10.5-101(2) or 1-11-215, C.R.S., unless otherwise provided pursuant to §§ 1-10.5-106 and 109. 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 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 913.g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes, and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code 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 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 toll 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 3100, fax number: (970) 353-1964, E-maik<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction c/o Valerie Scheffer at: phone: 970-686-7411 fax: 970-686-5280 email: vscheffer@windsor.kl2.co.us address: 1020 Main Street, P.O. Box 609, Windsor, CO 80550-0609. DATED this %- day of _ -,.t/-7: , 2001. WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ASI, 1":.4iii- .4a 1b J.A. "Suki" Tsukamoto �' T M.J. G ile, Chair 9//3 t aft. APPROVED AS TO FORM: ,�,! Lki s TEST may. oils ,a4/41Y4, r 1861 .% �� 44% t rk to the Board of County ®�Ra F��q ommissioners D .7122/442-(1, ciiiiii--(211,-C...--r Co Attorney Deputy Clerk to the Board WELD COUNTY SCHOOL DISTRICT RE-4 (Title) ��a.____ Z. Alan D. Hergert , P sident APPROVED AS TO FORM ATTEST: 11 k / ft-.b^s-rfjL 1.��- (T' cry."-\,---- -- AttorneyforJurisdiction nnie Rodgers , Jr. cretary ^r-, _n Q. 58 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections SCHOOL DISTRICT RE-5J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and havirner 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,?.001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 113.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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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 - 587- a 3 3 (A , fax:470-58'I-a?6O7 e-mail: hrrar/1innewehdresj.K12.co.us and address: 3 /✓ Jay Ave 3-ohn5kion., CD So 5-341 Page 7 of 8 DATED this 4'm day of a„,„7' , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD / Y \, O q//.9/1)/ J.A. "Suki"Tsukam o M.J. eile, Chair APPROVED AS TO FORM: 1 '7 TTEST: Asies4 i ,au .. ..! (� _-O'• .o. to the Board of County Commissioners A4/ /7 ---N-my Attom / Deputy Clerk to the Board ---__-__i (Jurisdic (Title)De9e/117frel e/C Ae 064;04;( APPROVED AS TO FORM ATTEST: 74etitit (Title ��s�,�/,�2L?Z� Attorney for Jurisdiction Page 8 of 8 I- _ F.: 3: 2? • i ,i Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections &k/d eoa.n/` Sc%oo/ n zi'vct L ,hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"concerning the administration of the November 6,2001,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 6, 2001, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein,the parties agree as follows: Page 1 of 8 1. The Jurisdiction encompasses territory within Weld County and 4//A 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 6, 2001, 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 § § 1-10-309, 1-10-303 or 1-11-215, C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone07O) 3VE- 6 O/a , fax: 3rs G23/, e-mail: o/;ver& a_JPAt..pse! k/a,C0,a$and address: jags-QQQt�„dalz 4 es _ D63/__ Afih ve kick{et- • Page 7 of 8 DATED this ot% day of 4 e aiSf , 2001. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto M.J. eile, Chair OVAWO APPROVED AS TO FORM: ,\:\ I / �J '! :ST 11441/44724 41* les t.'s) '�`i„�`� am& the Board of County Commissioners Ai tied z-rt Co y Attorney- Deputy Clerk to the Board (Jurisdiction)- (Titleices// .nt, £oa.h / dFL eCa"l ' Dn APPROVED AS TO FORM ATTEST: (24"--- lejefitti (Title).Setl-p,fart' fn the eintt,rd Attorney for Jurl diction Page 8 of 8 r,l 9: Ct� lY Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections SCHOOL DISTRICT RE-7, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 o£ 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 970-336-8500 , fax: 336-8511 , e-mail: gmcc1ain@pvs.k12.co.us and address: D R dRS u �0 80644 Page 7 of 8 DATED this 20 day of August , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD U-C</ .A. "Suki"Tsukamoto M.J. eile, Chair O.9p a p APPROVED AS TO FORM: ST: Mac" ,( k t oard of County Commissioners ) 1861 fci,,. Ctv . my Attorney L{)stu lerk to the Board (Jurisdiction) (Title) Superintendent APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections SCHOOL DISTRICT RE-8,hereinafter referred to as"Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 303-857-3203 , fax: 857-'1719 , e-mail: viceretto@ftlupton.k12,co.us and address: 301 Reynolds Street x t r pt CA 80621 Page 7 of 8 DATED this 13th day of August , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 1GC.� 060g/1) I J.A. "Suki" Tsukamoto M.J. ile, Chair APPROVED AS TO FORM: ',as`ATTEST: jatts ! a% v } . / f% 6� kaisis�o the Board of County Commissioners Avid C y Attorney • I a eputy Clerk to the Board (Jurisdiction) "d% (Title) President, Board of Education APPROVED AS TO FORM ATTES'1‘: / rtntatAkitttri"i_Ci..iL (Title) Secretary, Board of Education Attorney for Jurisdiction Page 8 of 8 :?: ' I Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections SCHOOL DISTRICT RE-10J,hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as"Commissioners,"and the Weld County Clerk and Recorder,hereinafter referred to as"County Clerk," concerning the administration of the November 6, 2001, 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 6,2001, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq.,C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein,the parties agree as follows: Page 1 of 8 1. The Jurisdiction encompasses territory within Weld County and /°lam ry a r.- 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 6,2001,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 §§ 1-1-110(3)and 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 7,2001,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 6, 2001, 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 § § 1-10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to§§ 1-10-304 and 304.5. 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¶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, at the office 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 22,2001, and ending November 2, 2001. 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 Cleric f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 •) 6, c.. .. .- J�d ¶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. £ Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525,Extension 3100, fax number: (970) 353-1964, E-mail•<kseiler®co.weld.co.us>, address: P.O.Box 459,Greeley,CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: _ &J`4 pp 7 ,fax:tf4 Pily e-mail: and address: Page 7 of 8 / 4-DATED this /.�- day of , 2001. WELD COUNTY CLERIC&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamoto '—� M.J. tile,Chao 09//4-0 / okommt APPROVED AS TO FORM: litira TTEST: at1 tia dia tO �)o the Board of County Commissioners .</77 W • /I _cety Attorney 3/411/...11001 I eputy Clerk to the Board (Jurisdiction) (Title) APPROVED AS TO FORM ATTEST: ° CL- 1. 4c-iy77(44---AK-7z44.,,c5:fro f (Title) csQ 5 CUl e� Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections SCHOOL DISTRICT RE-11J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: • 1. The Jurisdiction encompasses territory within Weld County and Logan 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 6, 2001, 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 §§ 1-1-110(3) and 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. Accept affidavits of intent to accept write-in candidacy up until close of business on September 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. 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 thispower shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 • 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 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 Page 6 of 8 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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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) 437-5351 , fax:(970}437-5712 e-mail:dhoesly@ fri i.corn and address: 42315 WCR 133, New Rayner, CO 80742 Page 7 of 8 DATED this 23rd day of August ,2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamoto M.J. Bile, Chair v9//9/6 APPROVED AS TO FORM: ,I`>, . / 'C`ST: t& Y,& Y uit ( tai v--f-raM e Board of County Commissioners Co Attorney Deputy Clerk to the Board (Jurisdiction) l/{ (Title) Superintendent APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Page 8 of 8 77 ._ _ ?_ I','1 9: 19 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections SCHOOL DISTRICT RE-12, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 970-895-2222 , fax:970-B95-221 e-mail: and address: P . 0 . Box 2211 Grover , CO 80729 Page 7 of 8 I DATED this /)- vide-' y of _S4 , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukam M.J. Geile, Chair O 9//a'lD 1 APPROVED AS TO FORM: 14 e\- TTEST: I a ti I I66, f, ..00‘ ` ark to the Board of County Commissioners ♦� Ws Ail unty Attorney Deputy Clerk to the Board turisdiction ,y (Title) Superintendent APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Page 8 of 8 S '! n r'r1 - _ ^ ^'rn 7' _n In. -J Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections WIGGINS SCHOOL DIST RE-50J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction enco passes territory within Weld County and p p/_ pro Q 4ms 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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¶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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: goo(D 1{ -3 Y , fax: ?90 V '3 42o.5 e-mail: )Aeve h�i` I ns SO <1Q .ro,1.1Sand address: 3,2 O C 11-4Prn n .S'?ff E' r _ W11oarns, (c to $o1, c{ - / 32 / • Page 7 of 8 / ti DATED this LD day of , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD J.A. "Saki"Tsukamot M.J. eile, Chair z9 cips1/0/ s` I� � APPROVED AS TO FORM: ti\`‘. I a '� ,' Mk/duels/ ` :. (i 51111411 - lig�lI) r 'rrs;r ' i+�y Board of County Commissioners 7 ,4644J • �� i, ounty Atton y Deputy Clerk to the Board 11 (Jurisdiction) IL)fir Ore �, D - (Title)S1(Title)S1 a 0 APPROVED AS TO FORM ATTES • — _ _ (Title) 2-47A i mi-tCd---) ktt9mey for Jurisdiction Page 8 of 8 -•r. r fl r:.i 17: 02 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF BERTHOUD, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Larimer 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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) 532-2643 , fax: (970) 532-0640 e-mail:mcowdin@ci.berthoud.co.us and address: PO Box 1229 , Berthoud, CO 80513 Page 7 of 8 DATED this A.;2d y of , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto M.J. eile, Chair 09//a/b APPROVED AS TO FORM: "4 IE La\ATTEST: n gedut ( eit ;1861 lit��:j Jerk to the Board of County Commissioners Itet ty Attorn Deputy Clerk to the Board (Jurisdiction) Town of Berthoud Steph n J. Pauken (Title) Administrator APPROVED AS TO FORM ATTEST: 1 J r-2V I /I (Title) Town Clerk Attorney for Jurisdiction Page 8 of 8 v! 1, !!n Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections BERTHOUD FIRE PROTECTION DIST, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder,hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and ?zadb County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term ofAgreement: This Agreement is intended only to deal with the conduct of the November 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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-S302- ao? !o '1 , fax:970-53a-`(75/7` e-mail: p°Sanr( (i -Crii . Ca Pi and address:.(). RiDK 570 t 3y2+hn0cl, 0_0 805/3 Page 7 of 8 DATED this a 7 day of art , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD J.A. "Saki" Tsukamoto �/"—T M.J. eile, Chair 09 VO I APPROVED AS TO FORM: Fib//i ATTEST: f k // Is'e JVft- aei `M ' Clerk to the Board of County Commissioners ' D "i County Attorney Deputy Clerk to the Board (Jurisdiction) (Title) `) APPROVED AS TO FORM ATTEST: �a CT/JeC (Title) Li, filaMit Attorney for Juris tion Page 8 of 8 n 2 Memorandum of Intergovernmental Agreement 2001 Master 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 6, 2001, 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. Charter and applicable WHEREAS, the Jurisdiction desires to conduct an election pursuant to itsitatutory Charter and applicable authority or to have certain items placed on the ballot at an election pursuant to its'Btatutory authority, such election to occur via polling place on November 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Adams 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 6, 2001, election. 3. The Jurisdiction agrees to perform the following tasks and activities: County 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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 , fax:303-655-215$ e-maikkborkowski@ci.brighton.co.us and address:_ City of Brighton City Clerk, 27 S. 4th Ave. . Brighton Colorado, 80601 . Page 7 of 8 DATED this F{--2'day of , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamoto M.J. Geile, Chair U9fiVD/ loodisaiit APPROVED AS TO FORM: f,' V" EL/\EST: IG�A4 44 1861 t.';1,-14%..•' . ., 61 _ ( VW 1 '�o the Board of County Commissioners AO my Attorney Deputy Clerk to the Board (Jurisdiction)- %t., C. F�, :.C 4�r; to� (Title) CN\c yd, APPROVED AS TO FORM % 0 ATTEST: Illy2") . fi' t' Z. b / (Title) C/45 (Cor/L Attom for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections BROOMFIELD, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: CE/WY 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 toll 4(g)of this Agreement. If the Jurisdiction cancels Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 113.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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: , fax: e-mail: and address: Page 7 of 8 DATED this 28 day of Auyuet ,2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD . . "Solo"Tsukamoto M.J. Ge'le, Chair �4 11L APPROVED AS TO FORM: I, ` '` �� : £ D/��%///G il( 1861 k wri �J �(/v � 1., Jthe Board of County Commissioners / UN. i L zetee- G Co Attorn ) Deputy Clerk to the Board l,V,ta.., ✓V1 . ► ata✓ (Jurisdiction) (Title) Molt IQ1 APPROVED AS TO FORM 1 b D 7 ED TO \ Q ATTEST: '- . �d b 0 se•S. l0• . City Atto ey .,., (Title) UL.C , An 6.5 Out Ou Attorney for Jurisdiction Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections CITY OF DACONO, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this.power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: , fax: e-mail: and address: Page 7 of 8 08/23;2001 . 10:34 .,..,CI.TY,O 0L J Y OF DRCONO 43032981627 DATED this 1 day of ®''`2�� , 2001. WELD COUNTY CLERIC&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ti /1 Zvi 111W`1 �)L� itt �97/4/°) I.A. "Saki"Tsuk<-�moto M. . ile,Chair liAPPROVED AS TO FORM: ,��,�$ta�te TTEST: ,ate ��/�'!/v ``*"'% k to the Board of County Commissioners r 1861 �7` �i ��4 Deputy Clerk to the Board C..oty Attorney . (Iunsdiction) Ate) (Title)_ APPROVED AS TO FORM \1101\ ATTEST: C *a (Title) Attorney for Jurisdiction Page 8 of B Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF FIRESTONE, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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. .75 h. Pay the sum ofer registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 toll 4(g)of this Agreement. If the Jurisdiction cancels Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: , fax: e-mail: and address: Page 7 of 8 DATED this 'h day of AlUST , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD II 6/ . A. "Suki" Tsukamoto M. J. Geile, Chair d IMP / APPROVED AS TO FORM: -a ATTEST: �� DD %/// ♦ 77KGL/ 1,,4 �La\ to the Board of County Commissioners 1861 lO ev:A �;ia. i - Ar® W ,/Ian.. // .. . SftOTht> rney c J S►'puty Cler to the Board�``a�' (Jurisdiction) C'4•747--- --: -- (Title) mc&yor-i OLOD OA Fire...S-100C APPROVED AS TO FORM .Oa�G„'.......tigji ith(Sep "a v\ �cs. ,2 itiQ :1O6j ATTEST: ..WELnG�' 'er Oase1 rudy Peterson Cheri Andersen Town Administrator Town Clerk Town of Firestone Town of Firestone Page 8 of 8 • ,r1 r , n n,nin : = 73 t..1 9: 31 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections CITY OF FT LUPTON, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ I-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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: 101_R57-0151 e-mail: and address: P 0 Box 148 Fort Lupton, CO 80621 Page 7 of 8 DATED this /97 day of —E" y" ' , 2001. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ti J.A. "Suki" Tsukamoto M.J.27,6tZ<> e, Chair "fia/C) APPROVED AS TO FORM: ATTEST: ,atie !/// f#�\ I°ILa� lerk to the Board of County Commissioners 1861 ( p'•`�:tZP ounty Attorney ®'v`i � eputy Clerk to the Board (Jurisdiction) (Title) MAYOR APPROVED AS TO FORM ATTEST: / 1-71,44x, (Title) CITY CLERK Attorney for Jurisdiction Page 8 of 8 ,._. ' t Iii UJ Memorandum of Intergovernmental Agreement For Conduct of Coordinated Election TOWN OF FREDERICK, 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 Nov. 6, 2001, 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 CCR. 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 the statutory authority, such election to occur via polling place on Nov. 6, 2001; and WHEREAS, the Jurisdiction agrees to conduct a coordinate election with the County Clerk acting as the coordinate election official; and WHEREAS, the County Clerk is the"coordinated election official"pursuant to § 1-7-116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth; and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2), 22-31-103, and 29-1-203 et seq., C.R.S. NOW, THEREFORE, in consideration of 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 6,2001 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referendum, and referred measures under provisions of§§ 3 1-11-101 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 protest 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 the 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 §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Published 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. Page 2 of 8 e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45'h day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The full text of any require 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 7,2001, 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 publication set forth in¶4.b herein which notice may be incorporated in the County Clerk's notice pursuant to § 1-5-205(1.2), C.R.S. h. Pay the sum of$1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November. 6,2001, election,with a$200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. In addition, Juriscidtion 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 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 so also be responsible for costs of recounts pursuant to §§ 1- 10-309, 1-10-303 or 1-11-215, C.R. S., unless otherwise provided pursuant to §§ 1-10-304 and 304.5. Designate an "election officer"who shall act as the primary liaison between the Page 3 of 8 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)before active registered electors who doand 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 thirty days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5),C.R.S. 4. Duties of County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement to act as the designated election official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the designated election official and as coordinated election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and 906(1), C.R.S. , and publish and post notice, as directed in § 1-5-205, C.R.S. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune 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 17" Avenue, Greeley, Colorado, at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 Page 4 of 8 AM-5:00 PM,Monday-Friday, starting October 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registry electors within the Jurisdiction as though the effective date of cutoff for registration, identify the members of the Board Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a"contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk,to the extent required or allowed by law. g. Selected and appoint of Board of Canvassers to canvass the vote;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 be consistent with the Code, and provisions of Page 5 of 8 Title 31 and 22 applicable to the conduct of elections and 8 CCR 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail,than this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as 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,conducted 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 immunity 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) 304-6225, Extension and 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459 Greeley, Colorado 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: (303) 833-2388 fax: (303) 833-3817 e-mail: frederick.cona att.net and address: P.O. Box 435 Page 6 of 8 Frederick, CO 80530 Page 7 of 8 DATED this / day of 7e— , 2001. WELD COUNTY CLERK IN RECORDER BOARD OF COUNTY COMMISSIONERS �� Q`^' OF THE COUNTY OF WELD uki" Tsukamoto Gam— " M.J. uile, C air ON/l3/0 APPROVED AS TO FORM: E r, , ATTEST: —) /' �� ,,, rk to the Board of County�omm�ners Col o /�i ' �, eputy Clerk to the Board �-8 TOWN OF FREDERICK (Jurisdiction) ,L± Edward Tagliente, Ma r APPROVED AS TO FORM: ATTEST: Richard E. Samson Sandra M. Newberry Attorney for Jurisdiction Town Clerk Page 8 of 8 o r Memorandum of Intergovernmental Agreement 2001 Master 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 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and - n/a - 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 6, 2001, 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 TV, 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 §§ 1-1-110(3) and 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 7,2001,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. .75/ Y,-Li h. Pay the sum of $1.90 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 3\ the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 3'. 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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) 350-9742 , fax: (970) 350-9828 holderb@ci.greeley.co.us and address: City Clerk's Office, 1000 10th Street, Greeley, CO 80631 Page 7 of 8 DATED this 21st day of August , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 111,2 0R/h/o J.A."Suki"Tsukamoto M.J. Geile, Chair I APPROVED AS TO FORM: EL.° TTEST: 4144,4{% 1861 talks2k to the Board of County Commissioners wA Co Attorney ------ Deputy Clerk to the Board _. (Jurisdiction) (Title) APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction 11)1(1 Page 8 of 8 ,310 MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS 2001 Master Agreement CITY OF GREELEY, COLORADO 411/4".i es Mayor . Ci i Clerk APPROVED AS TO SUBSTANC I,eonard A. Test, City Manager APPROVED AS T LE L FORM: Richa P. rady, ity Attorney APPROVED AS TO AVAILABILITY OF FUNDS: 'Inn Nash, Director o finance 32 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF HUDSON, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2,001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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. I. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mai1:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: , fax: e-mail: and address: Page 7 of 8 DATED this /CZ day of _Cr/. , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto M.J. eile, Chair 09/37° APPROVED AS TO FORM: ,,1E1% TEST: �, e/M AL ` 77� i i, mil 1861 ��4� to the Board of County Commissioners A NO• Y� Id's • - . ounty Attorney Deputy Clerk to the Board (Jurisdiction) ekle4 E v�v1 (Title) .e1oi2 i 7-cal APPROVED AS TO FORM 4,of tit, ,N ATTEST: E Fl L+ s1� f r Cott! 7 (Title) c �'— Attorney for Ju sdiction l c `1 CT-et' /C d/.Ja/a/ Page 8 of 8 �nr �{ 7 .'I 1vy - n ''1 9: S, Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF JOHNSTOWN, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2.001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: , fax: e-mail: and address: Page 7 of 8 DATED this /2 y of sc: ,✓ _ _ , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ' t 7146.2 J.A. "Suki•"Tsukamoto M.J. Geile, Chair D 9/, g-/DI APPROVED AS TO FORM: ,i‘g F Lev TTEST: ,& //4 /l Z , I iaei ?spin ' '.; •` ISi rk to the Board of County Commissioners ounty Attorney Deputy Clerk to the Board (Jurisdiction) (Title) nit 'I.\ APPROVED AS TO FORM �. \ F JOF/� / T• +++ ATTE ;2 On r ' 'jSEAL �� 'o;r �o •••..... off: if / � � /fis,.._, (Title) / �5 L ',�z.�,i •��asrowNo Attorney for Jurisdiction Page 8 of 8 91' r•! o: 27 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF KEENESBURG,hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22,2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 303-732-4281 > fax: 303-732-Q599 e-mail: and address: 140 S. Main St. P.O. Box 312 Keenesburq, Colo. 80643 Page 7 of 8 DATED this 20th day of August , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD 4 � I J.A. "Suki"Tsukamoto M.J. eile, Chair O 97 1 3/O1 APPROVED AS TO FORM: t 4 La TTEST: ageytiaimit so ts.44%4 `� � '�� •irk to the Board of County Commissioners NO Pe At.:--�)�-��------�43 �� Az—rte C l /atiL " unty Attorne Deputy Clerk to the Board (Jurisdiction) Keenesburg (Title) APPROVED AS TO FORM Mayor ATTEST: (Title) gigal"AcidA.'4-th do Attorney for Jurisdiction Town Clerk Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF KERSEY, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@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) 353-1681 , fax: 353-2197 , e-mail: Kerclerk@A0L.com and address: P.O. Box 657, Kersey, CO 80644 Page 7 of 8 DATED this 30th day of August , 2001,. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamoto M.J. eile,Ch it D 9/1451 APPROVED AS TO FORM: ,l E�e3-4% T: 4.141%,44 11aei ftto the Board of County Commissioners 70, 0 • my Attorney Deputy Clerk to the Board (Jurisdiction) (Title)\-\\..,C\_\ \lv APPROVED AS TO FORM ATTEST: (Title) t \ si \ C9C, A Attorney for Juri diction Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF LOCHBUIE, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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. Notice shall be given by Jurisdiction to the Clerk at phone: (970 )304-6525, Extension 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: , fax: e-mail: and address: Page 7 of 8 DATED this 79-�ay of „Aril , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD of r I J.A. "Suki"Tsukamoto C. µ M.J. ei1e, Chair 09 II&40 APPROVED AS TO FORM: fkg IE L pwTTEST: dasSeuedff vtk, �J ` / 1861 Pi , •k to the Board of County Commissioners / if illa--t- "* C ty Attorne Deputy Clerk to the Board (Jurisdiction)Tow,j o r/2,4,st E (Title)�S72 "'r APPROVED AS TO FORM ATTEST: Si frit&-it Atz,...4„: (Title)±a21 r B /CGcJA1 deck Attorney for Jurisdiction Maed7 "-WI sit/eta Page 8 of 8 C-"' if -i ,ll L: 16 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Election TOWN OF MEAD,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 Nov. 6, 2001, 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 CCR. 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 the statutory authority, such election to occur via polling place on Nov. 6, 2001; and WHEREAS,the Jurisdiction agrees to conduct a coordinate election with the County Clerk acting as the coordinate election official; and WHEREAS, the County Clerk is the"coordinated election official"pursuant to § 1-7-116 (2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth; and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116,22-30- 104(2), 22-31-103, and 29-1-203 et seq., C.R.S. NOW, THEREFORE, in consideration of 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 6, 2001 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives,referendum, and referred measures under provisions of§§ 3 1-11-101 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 protest 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 the 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 §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Published and post notices of election pursuant to § 1-5-205, C.R.S., and Page 2 of 8 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 require 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 7, 2001, 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 publication set forth in¶4.b herein which notice may be incorporated in the County Clerk's notice pursuant to § 1-5-205(1.2), C.R.S. h. Pay the sum of$1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November. 6, 2001, election,with a$200 minimum, within 30 days of billing,regardless of whether or not the election is actually held. In addition, Juriscidtion 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 Page 3 of 8 Jurisdiction cancels the election before its Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots,the Jurisdiction shall not be obligated for any expenses. The Jurisdiction so also be responsible for costs of recounts pursuant to §§ 1- 10-309, 1-10-303 or 1-11-215, C.R. S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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)before active registered electors who doand 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 thirty days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-208(5), C.R.S. 4. Duties of County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement to act as the designated election official for the conduct of the election for the Page 4 of 8 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, at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:00 AM- 5:00 PM, Monday- Friday, starting October 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registry electors within the Jurisdiction as though the effective date of cutoff for registration, identify the members of the Board Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a"contact"to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk,to the extent required or allowed by law. g. Selected and appoint of Board of Canvassers to canvass the vote;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 Page 5 of 8 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 be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 CCR 1505-1. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations,the statutes shall first prevail,than this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as 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, conducted 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 Page 6 of 8 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 immunity 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. Notice shall be given by Jurisdiction to the Clerk at phone: (970) 304-6225, Extension and 3100, fax number: (970) 353-1964, E-maik<kseiler@co.weld.co.us>, address: P.O. Box 459 Greeley, Colorado 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: (970) 535-4477 fax: (970) 535-0831 e-mail: Judylhegwood(a,gateway.net and address: P.O. Box 626 Mead, CO 80542 Page 7 of 8 ` � DATED this /� day of,- �?41, , 2001. WELD COUNTY CLERK IN RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD z----- A. "Suki" Tsukamo o M.J Guile, Chair O9'/!a/ O 4.44 IE APPROVED AS TO FORM: , vi TTEST: midi% r 1861 th i e rk to the Board of County Commissioners 400 Cour orney � Deputy Clerk to the Board TOWN OF MEAD (Jurisdiction) eith A. Goshia, Mayor APPROVED AS TO FORM: ATTEST: ( Richard E. Samson �L. Heg od • Attorney for Jurisdiction Town Clerk Page 8 of 8 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF MILLIKEN, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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. Accept affidavits of intent to accept write-in candidacy up until close of business on September 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: , fax \n`IX 1N e-mail: j& ��im �D and address:& tThma, Page 7 of 8 DATED this t day of\S .1,O„Nz , 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF�THE �COUNTY OF WELD J.A. "Suki"Tsukamoto � M.J. Geile, Chair 4` gfri MedAPPROVED AS TO FORM: ,I IE�`J►;`EST: /-17 / 1861ID d�,�y: � qq,� g!` the Board of County Commissioners C y A o Deputy Clerk to the Board (Jurisdiction) A ". 0466,- 1 ,jig (Title) 4.7L6,,,to, APPROVED AS TO FORM ATTEST: (Title)—\ Attorney for Jurisdiction Page 8 of 8 JHN-22 19e2 07: 1O FROM TO 17074171007 F .07 Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections MILLIKEN FIRE PROTECTION DISTRICT,hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 2 Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2001, 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,ArticleX 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 §§ 1-1-110(3) and 1-5-203(3), C.R.S. Page 2 of 8 4. 111,1 ' I 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 conuuernts 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 7,2001,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 stun of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,7001,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 Page 3 of 8 Hi r-- r _ I17._1 [-EV' I J i ;1 41 1L .II•; the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.RS.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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 nut lu 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 JRt 1JJ.'_ L17:_1 I k1h1 I 1 41 -10u1 I Fi' ' 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.,andpublish 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, at the office of the Weld County Clerk and Recorder. Early voting shall take place during thc hours of 8:00 a.m. - 5:00 p.m.,Monday-Friday,starting October 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify thc members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. 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 thiapower shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one rage 5 of 8 TOTAL P.07 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 conductedby 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 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 Page 6 of 8 '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 nut 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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: 303-776-9900 , fax: 303-413-1(103 e-mail: rlyons@blglaw.com and address: P.0. Box 978 Longmont, CO 80502-0978 Page 7 of 8 DATED this j day of 2 2001. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J,Ket:54 J.A. "Saki"Tsukamoto M.J. G de, Char 09/"/Di i APPROVED AS TO FORM: _ E sATTEST: tejete% , 4, i` 1861 any O. op t1 • to the Board of County Commissioners -Ven 1L 1/1 eg C ty Attorney ' Deputy Clerk to the Board (Jurisdiction) MILLIKEN FIRE PROTECTION DISTRICT (Title) is - rsi APPROVED AS TO FORM ATTEST: �UiY— (Title) � � z/vim Attorney for Jurisd c on Secretary Page © of 0 TOTAL P.03 ,.... it ,,, p. n1 cr Memorandum of Intergovernmental Agreement 2001 Master for Conduct of Coordinated Elections TOWN OF PIERCE, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2001, 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 6, 2001, and WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk acting as the coordinated election official, and WHEREAS, the County Clerk is the "coordinated election official" pursuant to§ 1-7- 116(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and 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 6, 2001, 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 §§ 1-1-110(3) and 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 7,2001,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 $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6,2001,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 Page 3 of 8 the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to § § 1- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to §§ 1-10-304 and 304.5. 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, at the office 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 22, 2001, and ending November 2, 2001. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one Page 5 of 8 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 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 Page 6 of 8 ¶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 3100, fax number: (970) 353-1964, E-mail:<kseiler@co.weld.co.us>, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at: phone: ?Z9— S 3 tl` a Sa 1 , fax: 97o-11:10-zcs(, e-mail: and address: I p 7— .c_eL P de 65-O Page 7 of 8 DATED this day of - , 2001. u WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamotoc ' M.J. Geile, Chair O91O-101 a/01 p,! y . `• APPROVED AS TO FORM: I T: 12a/S4 � tiro the Board of County Commissioners L ( '°` ��►� /, � unty Attorney Deputy Clerk to the Board (Jurisdiction)%), t (Title) ./1i/'I 41 APPROVED AS TO FORM ATTEST: yo-, 9Li (Title) ,_,✓ �,�C P 1-,h Attorney for Jurisdiction Page 8 of 8 Hello