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Home My WebLink About20002254.tiff ,.'ri r 7113 7,'"P —6 raa 9: 5) Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections C rrD tr ARROWHEADHOMEOWNERS ASSOCIATION,hereinafterreferredto as"Jurisdiction,' doe; hereby agree and contract with the Board of County Commissioners of the County of'Veld hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hcrei mite; referred to as "County Clerk," concerning the administration of the November 7, 2000, coordi noted election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"C.)de") and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This AgrevmenT is not intended to address or modify statutory provisions regarding v oter registration, or to ac drc s or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory autnority 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 7, 2000, 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 1h; Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, ::2-36- 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 al,ree as follows: Page 1 of 8 ' ' 2000-2254 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections ARROWHEAD HOMEOWNERS ASSOCIATION,hereinafterreferredto 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, hereirafer referred to as "County Clerk," concerning the administration of the November 7,2000,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 Agree men is not intended to address or modify statutory provisions regarding voter registration, or to ad Iress or rr.odify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory autfority 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 7, 2000, 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 h✓ 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 ag-ee a� follows: Page 1 of 9 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreemem sl all be construed to apply only to that portion of the Jurisdiction within Weld Colin:y. 2. Term of Agreement: This Agreement is intended only to deal with the conducr of the November 7, 2000, 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 1 8 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials cone rning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; dett rmine candidate eligibility; receive candidate acceptance of nominations; Accept notice of intent,petitions for nomination,and affidavits of circulators; veril y signatures on nominating petitions; and hear any protests of the nominating • petitions, as said tasks are set forth in any applicable provisions of Title , Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., Ind those portions of the Colorado Municipal Election Code of 1965,Article X c Flit]e 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 i 1 find form. The ballot content, including a list of candidates, ballot title, and te> must be certified to the County Clerk no later than 55 days heft re the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. Page 2 of 9 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 app li�atio or return of absentee ballots as set forth in paragraph 4.c of this Agree men!. e. Accept written comments for and against ballot issues pursuant to §§ I-7-90 I and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed Dy the end of the business day on the Friday before the 45th day before the eh ctiur. Preparation of summaries of written comments shall be done I y ihu jurisdiction but only to the extent required pursuant to § 1-7-903, C R.S. Th.; full text of any required ballot issue notices must be transmitted i o an i received by the County Clerk no less than 42 days prior to the election. \o portion of this paragraph shall require the County Clerk to prepare si narie regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until elose of business on September 8,2000,and provide a list of valid affidavits re,:eih el 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 regwred in addition to County publications set forth in�,i 4.6 herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C R5. h. Pay the sum of $.75 per registered elector eligible to vote in the Juni sdi:;tion s election as of the final date of registration prior to the November 7, 2000, election, with a $200 minimum, within 30 days of billing, regurd.ess of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Art de X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered ',lector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plug any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 § -10- 201(4), C.R.S., when the Jurisdiction designates persons for the Boa id of Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction carceis the election before its Section 20.Article X notices are due to the Count,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 § - 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 bet ween 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 a:;e the provisions of the Municipal Election Code, except as otherwise set lbrth 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 located. 1. Carry out all actions necessary for cancellation of an election inclading 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 cost,, Page 4 of 9 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 el:ctioit 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 -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 oftidial i 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 curt ig the hours of 8:00 a.m. - 5:00 p.m., Monday -Friday, starting October 23, 2000, and ending November 3, 2000. 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 Page 5 of 9 Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this poiyer 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 appmr t one of its members and an eligible elector to assist, it shall make _hose 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 m inner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames )f 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 X C.C.R. 1505-1. Should there be an irreconcilable conflict ber.veen the statutes,this agreement and the Colorado Regulations,the statutes Tha I first Page 6 of 9 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, purse;nt to 113.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made niece;sary by a defect in the election conducted pursuant to this Agreement wil h no fee assessed to the Jurisdiction. This remedy shall be the sole and ercl'tsive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of act ion with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties,their of:icers, oI employees may possess, except as expressly provided in this Agreement e. This constitutes the entire agreement of the parties and no amendmem 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, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given th( Jurisdiction at phone: fax: address: Page 7 of 9 DATED this 1314, day of ti.nokir _ 2000. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD -� \, J )._ A iiinyh= J.A. "Suki" Tsukamoto / Barbara J. Kirkmeyer, Chair APPROVED AS TO FORM: ATTEI ` Clerk to the Boards C cm lT uei (0� Le,' il1. _,. �- 'i. _.� _. �4,4flet u.. - 3- 0:477 County Attorney Deputy Clerk to the Bo 4%!N (Jurisdiction) K fa.c s0(f.0 i tkIcE fit(IJIC,citie >) (Title) H°MLow,'Ouif A—acC (Olt cc,/ APPROVED AS TO FORM ATTEST E /'j„° ( iCQ pvos , -r LiL, Jir.4Y ! 24 )-}evr30u,I-4,s llsse e g; 7 , ----_ _ <D. (Title) —_—_ Attorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 2-1 5 •' 1 3: 43 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections AULT FIRE PROTECTION DISTRICT, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2000,coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"( ode"), 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, or to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory aurhorit y 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 7, 2000, 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§ 1-7-1 16(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 9 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreemeni shall he 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 conduci of the November 7, 2000, 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 1 18 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:veri t y signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title I, 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 7 itle 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 clays before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. Page 2 of: 9 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§§ I-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.i'LS. The full text of any required ballot issue notices must be transmitted t) 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 8,2000,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 7, 2000, election, with a $200 minimum, within 30 days of billing., regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article N, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of regisi ration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 1114(g)of this Agreement. If the Jurisdiction ct.nceh. 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 bet.ween 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 ho 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 Page 4 of 9 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 Jurisc iction 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 § 1-3-205, C.R.S. Publication by the County Clerk will only be in the Count} legal newspaper and the Greeley Tribune and the designated election ofticiat 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 23. 2001 t, and ending November 3, 2000. 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 Page 5 of 9 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 iv- those appointments not later than 15 days prior to the election. The Count 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 betwaen the statutes,this agreement and the Colorado Regulations,the statutes shall first Page 6 of 9 • 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 stall. as liquidated damages, not as a penalty, refund all payments made,pursuant to ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties,their officers, or employees may possess, except as expressly provided in this Agree nent 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: 1970 )30L.-6525 Extension 3100, fax number: (970) 353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: 834-2444 fax:_ 834-0280 address: 201 First St. , Ault, CO 80610 • Page 7 of 9 DATED this_ 13* day of_ ) fi+ar»bC , 2000. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 7`61/ 1/4_ .r ? 41/s J.A. "Suki" Tsukamoto Barbara J. Kirkmeyer, Chair O1-13-,�Xc) APPROVED AS TO FORM: AT'TES ': - Cler tote oard of BR iss County Attorney .' Deputy Clerk to the Boar iY1' (Jurisdiction) Ault Fire Protection District (Title) - } Gary Simpson, Dresij APPROVED AS TO FORM ATTES'1': /e2 -- / (Tit e4,C L_sli. Robert C. Burroughs Chuck Burman, Acting Socretary Attorney for Jurisdiction Page 8 of 9 -21:0 -7. 5 Fi4 3: 34 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections BERTHOUD 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 7,2000,coordi hated 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, or 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 7, 2000, 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§ 1-7-1 16(2). C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, :2-30- 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 9 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 7, 2000, 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; <.ccept 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( ode of 1965,Article X o f Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to F 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 9 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 appl cation 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§§ I-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 8,2000,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¶ 4.6 herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 7 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the rorcgoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000. election, with a $200 minimum, plus arc additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 before its Section 20,Article X notices are due to the Count y 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 pursu ant U § § 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 ny the County Clerk within 30 days of receipt of an invoice setting forth the costs Page 4 of 9 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 2.0, Ballot Issues notices pursuant to § 1-7 905 and 906(1),C.R.S.,and publish and post notice,as directed in§ I-`-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 2:3,2000, and ending November 3, 2000 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 the,and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Page 5 of 9 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 Page 6 of 9 ' 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 ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction. conduce the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no f'ee 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, address: Y.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given o the Jurisdiction at phone:970 5 32- ??�w fax: I7 O-S 37-q 7'4 address: O21 moon-I-q oe. Y• C. ox 57E) _a€(91(-od, /3 Page 7 of 9 DATED this_ f �t� day of Jtp+zo a' , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" TsukamotoBarbara J. Kirkmeyer, Chair q:x1 it-,(act; APPROVED AS TO FORM: ATTE Clcr to the Board of C ty 1861 r 3'c 1 County Attorney Deputy Clerk to the Board (Jurisdiction) (�Jact rot , j4C/OiI ('Citle jr APPROVED AS TO FORM ATTEST (Title) �PaS9.62C/ Attorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 t= t 2�� Cr)-` _ t� Tug 11: 03 'Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections BRIGHTON SCHOOL DISTRICT27J,hereinafter referred to as"Jurisdiction,"does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2000, 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 Agreemenr is not intended to address or modify statutory provisions regarding voter registration, or 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 authorit v, such election to occur via polling place on November 7, 2000, 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), I-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 9 The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall he construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, 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 11F 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;vet if y signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of i itle I 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 if Tit le 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. Ind 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 9 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§§ 1-7-90 I 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.5. The full text of any required ballot issue notices must be transmitted t) 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 sromriarnes regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on September 8.2000,and provide a list of valid affidavits re.eived 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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the fore going, for any election which does not involve a ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of regisi rat..on Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus am additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 cr!ncels 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 bei weep 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 Page 4 of 9 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 Count) legal newspaper and the Greeley Tribune and the designated election ofti.ia] i; 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 23. 2006, and ending November 3, 2000. 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 betwe:n the Page 5 of 9 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. Thee 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 nanner 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 Page 6 of 9 • 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 ¶ 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, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given tc the Jurisdiction atphone:0o fax: (3o;0 GS5-o2?71 address: 3C S. 214 Ave m_< d,r�n A n Ca /76'_n ! Page 7 of 9 DATED this '7'" day of fi �J s f , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD { J.A. "Suki" Tsukamoto / Barbara J. Kirkmeyer, Chair a /13)x 6U; APPROVED AS TO FORM: AT'Td ? rj Clerk to the Board of 2-17 IL _� l Pr _ County Attorney Deputy Clerk to the Bo Ste' '� cch (Jurisdiction) -- 2, ._\kW_ vy (Title) Pre APPROVED AS TO FORM , ATTEST: �"� a0. a0 IVA (Title) Sic in Attorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 l n Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections CARBON VALLEY PARK AND RECREATION DISTRICT, hereinafter referred 10 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 Cleric ane Recorder,hereinafter referred to as"County Clerk,"concerning the administration of the November 7,2000,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 L. This Agreement is not intended to address or modify statutory provisions regarding voter registration, or 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 authoritc, such election to occur via polling place on November 7, 2000, 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-t 16(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 cf B 1. The Jurisdiction encompasses territory within Weld County and no other _ County(ies). This Agreement shall he construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct an 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;veni y signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title !, 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 ofTitie 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-4)6 for Jurisdiction's portion of the ballot and submit to the County Clerk n final form. The ballot content,including a list of candidates, ballot title, and ter t, must be certified to the County Clerk no later than 55 days before tine 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 § 1-5-20:5, C.F.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 ')y 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 8,2000,and provide a list of valid affidavits rcce'vcc! 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 nonce 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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be liable for$.50 per registereI eleL for eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2000, election, with a $200 minimum, plus any Page 3 of 8 additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid,the sum of S15 per day pursuant to § 1-l G- 201(4), C.R.S., when the Jurisdiction designates persons fcr 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 expense;. The Jurisdiction shall also be responsible for costs of recounts pursuant tc § tj 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 austs of the canceled election pursuant to § 1-5-208(5), C.R.S. Page 4 of 8 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 Jurisd[ctiot: 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 3 1--7- 905 and 906(1),C.R.S.,and publish and post notice,as directed in § 1-:t-20f 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 dunng the hours of 8:00 a.m. - 5:00 p.m., Monday- Friday, starting October 23 2000, and ending November 3, 2000. 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 pow er shall Page 5 of. 8 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 appo nt 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 r cqui r'd 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 Agreen ent. 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 o':elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict betv,een 'he statutes,this agreement and the Colorado Regulations,the statutes shall first prevail, then this agreement and lastly the Colorado Regulation. c. Liquidated damages provision Page 6 of 8 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 o fthe sok negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages, not as a penalty, refund all payments made, pursuant to 113.h of this Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary b a defect in the election conducted pursuant to this Agreement with to fee_t assessed to the Jurisdiction. This remedy shall be the sole and exclusSve remedy for damages available to the Jurisdiction under this Agreement. d. No portion of this Agreement shall be deemed to create a cause of actie n tit,it h 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 Ageetnert. 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: 1970)301-6529 Extension 3100, fax number: (970) 353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:303-833-3660 fax: 303-833-3660 address: 701 5th Street, Frederick, Colorado 80530 Page 7 of 8 DATED this 13tl- day of atp+trn{yr , 2000. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto Barbara J. Kirkmeyer, Chair C1f1 -2-.:r;) APPROVED AS TO FORM: ATTES • __ -) Clerk to the dar. frt ;t 1 rs 1861 �( i - 1 htr County Attorney Deputy Clerk to the Bo ccl „ : r ,. (flirts icti P CARBO ALLEY PARK AND R REA. ION DISTRICT nit* -z 4 ri Renee Witty, est ated E]ecc on 01fi_ial APPROVED AS TO FORM 0-1(-42-1/4-, ��" ��p 111C4.�I (-Ga 2a� J e b� 4 t- , - UTM , F g/5/ P ATTEST: (Title) Attorney for sdiction Page 8 of 8 Memorandum of Intergovernmental Agreement 2000 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 7, 2000, coordinated election conc,ucted 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. 1.505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, or 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 7, 2000, 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§ 1-7-1 16(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116. ?2-30- 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 9 I. The Jurisdiction encompasses territory within Weld County and r� t,add,r. _ County(ies). This Agreement shall he 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 conduce of the November 7, 2000, election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenca, and referred measures under the provisions of§ § 31-11-101 through 1 l8 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 verity signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions ofTitic 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 T itle 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-4i)6 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 oi: 9 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 h:✓ 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 sutnn caries regarding the Jurisdiction's ballot issues. f Accept affidavits of intent to accept write-in candidacy up until close of business on September 8,2000,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in 1 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S. h. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.50 per registered lector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. En 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 cancer 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 beiween 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 Page 4 of 9 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 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 23, 2000, and ending November 3, 2000. 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 Page 5 of 9 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 Count) 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 Fy 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 R C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes,this agreement and the Colorado Regulations,the statutes shall first Page 6 of 9 • 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 othenvise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to 3.h of this Agreement and shall, if requested by the Jurisdiction. conduce 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) 353-19M, address: Y_O. 13oa 459, Greeley, CO 80632; and the Jurisdiction notice shall be given 'o the Jurisdiction at phone: 3t. 5',_ fax: ` address: (' )l - Page 7 of 9 DATED this— (3+{- day of S p &nkor _, 2000. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto Barbara J. Kirkmeyer, Chair (<XI /3/'o _) APPROVED AS TO FORM: ATT Clerk to the Board o i �siopt.,\ eountS'Attoniey Deputy Clerk to the Board — - (Jurisdiction)_ N. (Title) v APPROVED AS TO FORM N. / „- ," -/- , ,,,s,) ATTEST: [, ;J l ‘ [ ,i/r Gs, V/_ Attorne for Jurisdiction - )i , \\' Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 �'n � r- fl f• 32 Memorandum'of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections CITY OF DACONO,hereinafter referred to as"Jurisdiction."does hereby agree and ct'ntrac t 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 "( ounty Clerk," concerning the administration of the November 7, 2000, 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 1i) address or modify statutory provisions regarding voter registration, or to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory author y or to have certain items placed on the ballot at an election pursuant to its statutory authority, suc h election to occur via polling place on November 7, 2000, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the Count} Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-1 16(2), C.R.S.. and is to perform certain election services in consideration of performance iy 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, 22-31)- 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 9 1. The Jurisdiction encompasses territory within Weld Count and Countyties). This Agreement >.hall he 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 he November 7, 2000, 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 18 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 lc: 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 circulator.; verify signatures on nominating petitions; and hear any protests ofthe 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 Mose portions of the Colorado Municipal Election Code of 1965,Article X of"fitle 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 ihr 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, Lind text, must be certified to the County Clerk no later than 55 days be ore the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. Page 2 of 9 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 a pp ication or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against bal lot issues pursuant to §§ -7-901 and 1-40-125(2)(e), C.R.S. Comments to he accepted must he filed by the end(lithe business day on the Friday before the 45th day before the elect ic.n. Preparation of summaries of written comments shall be done by the jurisdiction but only to the extent required pursuant to § 1-7-903, ('.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 8,2000,and provide a list of valid affidavits thee,ved 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 Clerks 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 ;, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In ac.dinon. 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 $ 1-1 1- 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(ounty 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 § § I- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided purl uant to § § 1-10-304 and 304.5. Designate an "election officer" who shall act as the primary liaison h2twecn the Jurisdiction and the County Clerk and who will have f rimary 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 Page 4 of 9 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 J uri t.dictil m 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(l),C.R.S.,and publish and post notice,as directed in § 1-5-21)5, C.R.S. Publication by the County Clerk will only be in the County Feral newspaper and the Greeley 1 ribune 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 2J, 2i)00, and ending November 3, 2000. d. Give notice to Jurisdiction of the number of registered electors wi,hin 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 Page 5 of 9 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 arid one eligible elector from the jurisdiction to assist the County Clerk in the r;urvev 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 Me Code shall apply to completion of the tasks required by this Agreeni:nt. 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 Page 6 of 9 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 elec_ion for the Jurisdiction was void or otherwise fatally defective as a result of the ;ole 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. purr uant to ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction. conduct the next coordinated election which may incl tide any election made nexssary by a defect in the election conducted pursuant to this Agreement with ne tee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agrcem nt d. No portion of this Agreement shall be deemed to create a cause ofactian 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 ).304-66525 Extension 3100, fax number: (970) 353-1964, address: P.O. Box 359 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionatphone: fax: _. address: Page 7 of 9 DATED this_ k day of C;0,4041 1,841-- _, 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMYIISSIONERS OF THE COUNTY OF WELD J.A. ` Suki" Tsukamoto Barbara J. Kirkmeyer, Chair ICx1/MLtr:�} APPROVED AS TO FORM: ATTE��'w1 ---- _. Clerk to the Board of ou sets County Attorney Deputy Clerk to the Board--/ 157 q� � , (Jttrisdiction)_')/'+''c"— � -'�'L . (Title) ✓ ' --' APPROVED AS TO FORM ATTEST: k /Q — tytht- (Title)_. L F. �'�'y ' Attorney for Jurisdiction 11 Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections CITY OF EVANS,hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2000, 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, or 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 7, 2000, 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, ?2-30- 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 3 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 Count,. 2. Term of Agreement: This Agreement is intended only to deal with the conduct Jfthe November 7, 2000, 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; veri f signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of'I itle 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 7'i tie 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 Cleric 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 d. Publish and post notices of election pursuant to § 1-5-205. C.R.S., and include the information regardingthe walk-in location address for appllication 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§§ I.-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 8,2000,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 7, 2000 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing for any election which does not involve a ballot issue requiring Article X Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registratio] Page 3 of 8 prior to the November 7, 2000. election, with a $200 minimum, plus am additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 § I-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 shall also be responsible for costs of recounts pursuant to § § 1 10-309, I-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 bei weer 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 subdivisior 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 Page 4 of a 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 t• 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 offic ial 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 23. 2000 and ending November 3, 2000. 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 Page 5 of 9 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 oat eligible elector from the jurisdiction to assist the County Clerk in the s ary } of the returns for that jurisdiction. If the Jurisdiction desires to appoint oat 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 tin[e 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 Page 6 of 0 • 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 C!erk shall, as liquidated damages,not as a penalty,refund all payments made,pursue nt to ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made nece.;saty 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. in 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: 1 70 )304-6525 Extension 3100, fax number: 1270) 353-1964, address: P.O. Box 459. Greeley, CO 80632; and the Jurisdiction notice shall be given t3 the 1 Jurisdiction at phone:D - .5 '17 I I0 fax: y ' je' address: A 'l ) �� __ " ) CIA-) ?As-)O Page 7 of a DATED this )1?-1'1 day of_ L(M5CLS , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD / / J.A. "Suki" Tsukamoto / ' ' Barbara J. Kirkmeyer, Chair ((11/13 2 ) APPROVED AS TO FORM: ATTEa- 4 r Clerk to the Boar of • sioYrers d 7/7 -1- 1 4IJJ2 r_,/ 9 County Attorney Deputy Clerk to the Board -`r - (Jurisdiction) t U4 ((Ali i'I-) y J (Title)_ I I c/ APPROVED AS TO FORM ATTEST: / , ,,,,,.. ' --,---/T. -, -771.,4---,- (1'itle) Attorbey for Jurisdiction Page 8 of 9 Memorandum of Intergovernmental Agreement 2000 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 7, 2000, 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, or to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory aul hority 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 7,2000, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the Count) Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7-1 16(2), C.R.S., and is to perform certain election services in consideration of performance ly 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, 22-31)- 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 9 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 Conn y. 2. Term of Agreement: This Agreement is intended only to deal with the conduce of the November 7, 2000, 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 though 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;verit y signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title I , 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 ft ar Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballet title, ai 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 9 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 .o 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 8,2000.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 7. 2000, election, with a $200 minimum, within 30 days of billing, regard ess of whether or not the election is actually held. Notwithstanding the ibregoing, for any election which does not involve a ballot issue requiring hrt!cle X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered tutor eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 2; I-I f 1- 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 shall also be responsible for costs of recounts pursuant tc § - 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant t o § § 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 1:o 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 Page 4 of 9 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 ad as the designated election official for the conduct ofthe 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 § 1-5-20i, C.R.S. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election ofticial 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 an. - 5:00 p.m.,Monday -Friday, starting October 23 2000, and ending November 3, 2000. d. Give notice to Jurisdiction of the number of registered electors wit tin 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 Page 5 of 9 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 re auired 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 vureey 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 Count) 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 ('ode, 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 Page 6 of 9 • 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 w:th this Agreement or laws applicable thereto, then the County 'Clerk shall, as liquidated damages, not as a penalty, refund all payments made,pursuant 10 ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made tie(essary 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, nr 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: )304-6525 Extension 3100, fax number: (970) 353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax:____ address: Page 7 of 9 DATED this /311. day of ,, 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki"Tsukamoto Barbara J. Kirkmeyer/Chair 04/Pie(°"\ APPROVED AS TO FORM: A"CI' T: Cler to the Board of C ears "") cJ _ l / IBGI County Attorney Deputy Clerk to the Bq (Jurisdiction) City of Fort Lupt on (Title) — — APPROVED AS TO FORM Mayor ATTEST:(, / ill <.z / /*.:c-i T -4 - — (Title)(-6/ qZE-G - ' l Attorney for Jurisdiction 2 Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 1P1 ern -7 ' fl 2: 27 Memorandum oflntergovernmental Agreement 2000 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 7, 2000, 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, or to address or modi 'y the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory aut'lority 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 7, 2000, 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 r. 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 fol lows: Page 1 of 9 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall he construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, 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 con(erning nomination of candidates by petition, including, but not limited to issue approval as to form, where appropriate, of nominating petition; det rnine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators verity signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of'Citle 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 m final form. The ballot content, including a list of candidates,ballot title, acid text, must be certified to the County Clerk no later than 55 days bet are the election, pursuant to §§ 1-1-1 10(3) and 1-5-203(3), C.R.S. Page 2 of 9 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 i 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§§ I-7-90I 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 ty 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 electio 1. Nu 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 8,2000,and provide a list of valid affidavits receiv ed 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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article , Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of regis ration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plt s any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition, Jurisdiction shall also reimburse Clerk for pay ment of members of the 3oartl 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 13o,trd of Canvassers pursuant to¶4(g)of 1:his 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 )f 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 pi imary responsibility for the conduct of election procedures to be handled 1))/ '.he 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 se 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 Page 4 of 9 of the canceled election pursuant to § 1-5-208(5), C.R.S. 4. Duties of County Clerk Agrees to perform the following tasks arid 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 Jurisd ictiori 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-i-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 23. 2000, and ending November 3. 2000. 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 Page 5 of 9 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 re qui red 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 aid 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 Coe e, and provisions of Title 31 and 22 applicable to the conduct of election; arid 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes,this agreement and the Colorado Regulations, the statutes shall tit st Page 6 of 9 • 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 wi.h this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made,pursr ant to ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction, cc•nduc t 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 Agreerne it. 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 offic rs. 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: f2700 )304-6525 Extension 3100, fax number: 1970) 353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given co the Jurisdiction at phone: ?( 9 712 fax: 6_S `%S 2 address: / ( / t J.zcc l r,. D ,) l i Page 7 of 9 DATED this- (3ti- day of , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF! THE COUNTY OF WELD 77- fidtgAA AJ. f ,14,-/eik,7 i J.A. "Suki"Tsukamoto Barbara J. Kirkmeyer, Chair (CH/1_''>/2 APPROVED AS TO FORM: ATTES il Clerk to the Board , Toners > Yn County Attorney Deputy Clerk to the Board (Jurisdiction)_ _ (Title) —_—" APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Page 8 of 9 MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS 2000 Master Agreement Page 9 of 9 CITY OF GREELEY, COLORADO by -- Jerry A. Wones, Mayor ATTEST: i ``..tla A •,(0 .- Betsy D! older, City Clerk J APPROVED AS TO SUBSTANCE: Leonard A. Wiest, City Manager APPROVED AS TO LEGAL FORM: 1? -.�.A \ i N.- . _ Richard P. Brady, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: 9 ✓, C: - C- /Z,— c:-_, Tim Nash, Dir or of Finance • Memorandum of Intergovernmental Agreement 2000 vlaster for Conduct of Coordinated Elections CITY OF LONGMONT, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter refcrrc d to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2000, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter "Code"), and the ru es 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, or 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 authorit:/, such election to occur via polling place on November 7, 2000, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the Count. Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1-7- 16(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), 1-7-1 16. 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 9 1. The Jurisdiction encompasses territory within Weld County and Boulder County(ies). This Agreement shall he construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, 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 1 18 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 nom eating petitions, as said tasks are set forth in any applicable provisions of I itle 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 ofTitle 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 belt re the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. Page 2 of 9 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 he accepted must he 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 surnn iarieJ regarding the Jurisdiction's ballot issues. f Accept affidavits of intent to accept write-in candidacy up until close of business on September 8, 2000,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 requi-ed in addition to County publications set forth in' 4.b herein which notice ma., 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'.; election as of the final date of registration prior to the November 7. 2000. election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered r lector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000. election, with a $200 minimum, plu:; any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 § I-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 shall also be responsible for costs of recounts pursuant to ; § 1- I 0-309, 1-10-303 or 1-11-215,C.K.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 pr mart' 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 W.ho do not reside within the County or counties where the political subdivii.ion is located. Carry out all actions necessary for cancellation of an election inc tiding notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred :ly the County Clerk within 30 days of receipt of an invoice setting forth the costs Page 4 of 9 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 he 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 § I -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 ofti :ial 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 duri tg he hours of 8:00 a.m. - 5:00 p.m., Monday -Friday, starting October 23. 2000, and ending November 3. 2000. d. Give notice to Jurisdiction of the number of registered electors will-in 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 Page 5 of 9 Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this povvea 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 sirvev 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 clays prior to the election. The County CIer6 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 ski,II first Page 6 of 9 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 wi di this Agreement or laws applicable thereto, then the County Clerk shill, as liquidated damages, not as a penalty, refund all payments made,purs rant to 3.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no tee assessed to the Jurisdiction. This remedy shall be the sole and e).clusive remedy for damages available to the Jurisdiction under this Agrcenient. d. No portion of this Agreement shall be deemed to create a cause of aci ion with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their oft-leers, 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: (_970J30S 525, Extension 3100, fax number: 9"(1110.3i3-1964, address: P.O. Box 459. Greele CO 80632; and the Jurisdiction notice shall be given to the 303'651'8650 fax: 3°3-651-B590 Jurisdiction at phone: 350 Kimbark, Longmont, CO 80501 address: City Clerk, __—-- Page 7 of 9 DATED this )3-K. day of Spi+t-n&r , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD /7 „ Cc�113lZaz�� J.A. "Suki" Tsukamoto / Barbara J. Kirkineyer, Chair APPROVED AS TO FORM: ATTE : /o/e Clerk to the Board of n (s I k County Attorney Deputy Clerk to the B " (Q V �, j Longmont, CO (Jurisdiction)_ (Titl %c— Mayor APPROVED AS TO FORM ATTEST: I Ariorneylifor Jurisdiction „g of Lo4Q O ti, Page 8 of 9 0 K !--x air% bt--Y- Risk ManXger DATE Page 9 of 9 Memorandum of Intergovernmental Agreement 20/00!Malteki for Conduct of Coordinated Elections EATON 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 7,2000, coord noted election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"C xle"), and the rules and regulations promulgated thereunder. found at 8 C.C.R. 1505-1. This Agre_rnent is not intended to address or modify statutory provisions regarding voter registration, or to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory aul hority 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 7, 2000, 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 y 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 9 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 7, 2000, 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 1 8 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials cone:ruing 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 I, Article IV, Parts 8 and 9, § 1-4-5010), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X c fTitle 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, ar d 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 9 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 Agrec meat. 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 the end of the business day on the Friday before the 45th day before the el(ction. Preparation of summaries of written comments shall be done fry 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 lo 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 clasc of business on September 8,2000. 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 requ red in addition to County publications set forth in 'j 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 7. 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring \rt cle X. Section 20 notices,Jurisdiction shall be liable for$.50 per registered aectt'r eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus an. additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In adcition. Jurisdiction shall also reimburse Clerk for pay ment 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 cancel; the election before its Section 20,Article X notices are due to the Coun.y and prior to the County Clerk incurring any expenses for the printing .f 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 pi imary responsibility for the conduct of election procedures to be handled w 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 se 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 Page 4 of 9 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 olthe election for the Jurisdiction for all matters in the Code which require action by the designated e ection official and as coordinated election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-"- 905 and 906(I).C.R.S.,and publish and post notice,as directed in y; I-5-20'.1, C.R.S. Publication by the County Clerk will only be in the Count, legal newspaper and the Greeley Tribune and the designated election off cial 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 dur ng the hours of 8:00 a.m. - 5:00 p.m.,Monday - Friday, starting October 23 2000. and ending November 3, 2000. d. Give notice to Jurisdiction of the number of registered electors wit rin 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 Dill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Page 5 of 9 Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shal be delegated by the Jurisdiction to the County Clerk, to the extent recuaired or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;prow ided 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 appor it 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 Cleric 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 he 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 Cod., 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 Page 6 of 9 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 ;ole negligence or failure of the County Clerk to perform in accordance with this. Agreement or laws applicable thereto, then the County Clerk shall as liquidated damages, not as a penalty, refund all payments made, pursuant to 113.h of this Agreement and shall, if requested by the Jurisdiction, conduce the next coordinated election which may include any election made nee es;ary by a defect in the election conducted pursuant to this Agreement with nc fee assessed to the Jurisdiction. This remedy shall be the sole and exclu1ivc 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 officer4, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment nay be made except in writing approved by the panics. f Notice shall be given by Jurisdiction to the Clerk at phone: (970)304-6525, Extension 3100, fax number: (970) 353-1964, address: P.O. Box 359, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:2f5"/ /3'' 3 fax: 53 / / Y7Y address: (' eey top ( /r fop Page 7 of 9 tin DATED this / day of 5 L�f' 1 ' . 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIIO VEERS OF THE COUNTY OF WELD i R 4 _ /mac % J.A. ` Suki" Tsukamoto Barbara J. Kirkmeyer, Chair (p9/l3A'CXg APPROVED AS TO FORM: ATTEE1 /0/44ilClerk to the Board of C my r�s ner 18fi[ 6unty Attorney Deputy Clerk to the Boar &I P t c2 (Jurisdiction) %9 1/2"),7 /—/jfi ?Q' i7' st, by PA 4, a (Title) 3-6)c-y TfieeRfs APPROVED AS TO FORM (/ ATTEST: tit e +,C C y/ Sr,Kr,, &0.2c. 5.Ccce-`c. I y it 7 f z., / CpfJan.ih 0 ag Jan.11� 2003 (Title) Aaorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 ` r.'1 g• I{3 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections PRAIRIE SCHOOL DISTRICT 11J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2000, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),acrd 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, or to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory aut hority or lo have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 7, 2000, 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 9 1. The Jurisdiction encompasses territory within Weld County and Logan County(ies). This Agreement: stall he construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, 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. veri fy 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 3f 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, a Id 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 9 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 applic ttion 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 §§ I-i-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 elec=ior. No portion of this paragraph shall require the County Clerk to prepare sum n caries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until cicse of business on September 8,2000,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 TI 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C It.S h. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdlc bon's election as of the final date of registration prior to the November 7. 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing., for any election which does not involve a ballot issue requiring Arti;le N. Section 20 notices, Jurisdiction shall be liable for$.50 per registered c lector eligible to vote in the Jurisdiction's election as of the final date of regisi ration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. 1("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 § I- 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant tc § § 1-10-304 and 304.5. Designate an "election officer" who shall act as the primary liaison betweer 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 i; 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 Page 4 of 9 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 a:, 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 17th Avenue, Greeley, Colorado, at the office of the Weld County Clerk and Recorder. Early voting shall take place durin; the hours of 8:00 a.m. - 5:00 p.m., Monday -Friday, starting October 23, 000, and ending November 3, 2000. d. Give notice to Jurisdiction of the number of registered electors withid the Jurisdiction as of the effective date of cutoff for registration, identi f✓ 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 betweei the Page 5 of 9 Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shal I 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 appoi it 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 Page 6 of 9 • 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,pursu ant to 3.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made neccssary 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 )304-65'25, Extension 3100, fax number: (970) 353-1964, address: P.O. Boa 459, Greeley, CO 80632; and the Jurisdiction notice shall be given o the Jurisdiction at phone:(970)437-5351 fax: (970)437-5732 address: 42315 WCR 133 P.O. Box 68 New Raymer, CO 8074; Page 7 of 9 DATED this 7th day of September , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD / i 7 J.A. "Suki" Tsukamoto / / Barbara J. Kirkmeyer, Chair (671/3)uYic) APPROVED AS TO FORM: ATTE 4, 1y` . %' ,/ Clerk to the Board of C ?oVrs�County Attorney Deputy Clerk to the Bo O i , fi,(Jurisdiction) r.. / ,)'"".' (Title)_51c r ;'"'fTkct't'g APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections THOMPSON SCHOOL DISTRICT R2J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of 'Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as"County Clerk," concerning the administration of the November 7, 2000,coordi nated 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 Noter registration,or 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 7, 2000, 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, 7.2-30- 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 9 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 7, 2000, election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referends., and referred measures under the provisions of§ § 31-11-101 through 113 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 l. Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election('ode 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 9 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-"-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed l-y the end of the business day on the Friday before the 45th day before the ele;aion. Preparation of summaries of written comments shall be done h:; 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 8,2000,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 It 4.b herein which notice may incorporate the County Clerk's notice pursuant to § 1-5-205 (1.2), C. Z.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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article N, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000. election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 Boi.rd of Canvassers pursuant to 114(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 3 § 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 pr.mary 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 inc uding 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 Page 4 of 9 of the canceled election pursuant to § 1-5-208(5), C.K.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 Jun sdi ction 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 § I-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 23. 2000 and ending November 3, 2000. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identity 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 Page 5 of 9 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 appoir t 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 ty 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 3f 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 Cork, and provisions of Title 31 and 22 applicable to the conduct of elections and R C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes,this agreement and the Colorado Regulations,the statutes shall first Page 6 of 9 • 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 electicn 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 113.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made nece ssary by a defect in the election conducted pursuant to this Agreement with r o fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreemert. d. No portion of this Agreement shall be deemed to create a cause of ac riot'with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their office rs, 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: 0970) 353-1964, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:ei76 a/3_SCIS fax: '?76 - /_3 56fib_ J address: 53 S �-°' • votyu5 /l�eve Love sand �c tC � ' � � _-- Page 7 of 9 DATED this ol'/ZLL day of di c _C , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF.THE COUNTY OF WELD rtk C a. 1 fib , J.A. "Suki" Tsukamoto / ` / Barbara J. Kirkmeyer, hair ( :3/<[KC APPROVED AS TO FORM: ATTES • _'-• / Clerk to the Board of 0. un ss ( r _ t�oimty Attorney Deputy Clerk to the Boar // -i 1" e (Jurisdictionyl�i.c�ryaae>,2 ,.�c,C;�:>' ct. 51Grn.72-e241/44° ej ("title)/UQa,9. R Ce c' 1i"cer:(7 , b! APPROVED AS TO FORM At QLTtt ^4-r: ATTEST: ,lrvcc ( Attorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 Memorandum of Intergovernmental Agreement 2000 \Taster for Conduct of Coordinated Elections TOWN OF HUDSON, hereinafter referred to as "Jurisdiction," does hereby agrte 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 "C ounty Clerk," concerning the administration of the November 7, 2000, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"), and the rul and regulations promulgated thereunder,found at 8 C.C.R. 1505-1. This Agreement is not inten Jed to address or modify statutory provisions regarding voter registration, or 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 7, 2000, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the Count) Clerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election of pursuant to§ I-7-1 16(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 9 The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall he construed to apply only to that portion of the Jurisdiction within Weld Count v. 2. Term of Agreement: This Agreement is intended only to deal with the conduct -3 f the November 7, 2000, 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 lave 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: iccept notice of intent,petitions for nomination,and affidavits of circulators; verily signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of 1 itle 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 efTitle 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § l-?-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,a':d 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 9 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§§ I -7-901 and 1-40-125(2)(e), C.R.S. Comments to he 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 clone Ty 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 ctosc of business on September K,2000,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 regt ired 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 1, 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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the for'.going, for any election which does not involve a ballot issue requiring Anicle Y, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 I-II 1- 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 Cow ity and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expense;. The Jurisdiction shall also be responsible for costs of recounts pursuant tc § § I- 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 subdiv sion 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 tie costs Page 4 of 9 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(I),C.R.S.,and publish and post notice,as directed in I-5-20 C.R.S. Publication by the County Clerk will only be in the Count'' leg.il newspaper and the Greeley Tribune and the designated election off cial 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 dur ng the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 23 2000. and ending November 3. 2000. 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 Page 5 of 9 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 Ain ev 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 he 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 ('ode, and provisions of Title 31 and 22 applicable to the conduct of election, 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 Page 6 of 9 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 ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction. conduct the next coordinated election which may include any election made riecessury by a defect in the election conducted pursuant to this Agreement v,ith no fee assessed to the Jurisdiction. This remedy shall be the sole and exc e 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 t ith 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 )304-652 5. Extension 3100, fax number: 1970) 353-1964, address: P.O. 13oK 45'). Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: _ _ fax: address: Page 7 of 9 DATED this )'?k day of _�¢pkO , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY C0MMISSIiONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto r Barbara J. Kirkmeyer, Chair 6)41))-5'!6-'1/4),,} ,} APPROVED AS TO FORM: ATTE Clerk to the Board of ' u Can. s L County Attorney Deputy Clerk to the Bo UN '\:-/-(/ (i(Jurisdiction) (Title) /mfr```. ° - APPROVED AS TO FORM ATTEST: / 1 i (Title)/-c, Attorney for Jurisdiction Page 8 of 9 'J i ,n n Memorandum of Intergovernmental Agreement 2000 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 a: "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "Count} Clerk," concerning the administration of the November 7, 2000, 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 intenc.ed to address or modify statutory provisions regarding voter registration, or to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory autlrorit) 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 7, 2000, 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§ 1-7-1 6(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 9 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall he 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 conduce of the November 7, 2000, 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 I 8 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 I, 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 cf"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 9 d. Publish and post notices of election pursuant to § 1-5-205, C.K.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 el �tion 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 sumn iari es regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on September 8,2000,and provide a list of valid affidavits rec eived to the County Clerk pursuant to §i§ 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.i2.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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Arti;le k, Section 20 notices, Jurisdiction shall be liable for$.50 per registered e lector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 cancel s 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 Df 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 o § § 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 Page 4 of 9 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 is 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 113.g herein . c. Provide a place for early voting and application for and issuance of ab ientee ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the Weld County Clerk and Recorder. Early voting shall take place duri:ig the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting October 2:3, 2000, and ending November 3, 2000 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 Page 5 of 9 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 m.mner 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 Page 6 of 9 • 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 electicn 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, purse€nt to ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made nece;saiy 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 ea:clusive 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 office-s, 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 )3047_652 Extension 3100, fax number: (970) 353-1964, address: ' P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: -190 r) 7 e'e 4fax: CI. 7C ` 1-r' i y / , address: 1' C r / '1 h✓ � c , ._,r✓ ) � �3t Page 7 of 9 DATED this_ 13+b day of iuinb.rr- , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD /1 / ir X42- N ,` bi,./,f'/'4," ' , J.A. `Suki" Tsukamoto Barbara J. Kirkmeyer, Chair (04j. Ic"-(1 APPROVED AS TO FORM: ATTE/ax/0/71 / Clerk to the Board of COty e \ ' ( / 0;� ��"it2. „i :' L County Attorney Deputy Clerk to the Board 41,1 `...„1,-/ (Jurisdiction)_�C% 1' ' U' r.-- (Title) 24. ---- APPROVED AS TO FORM TV Oat C -- -(4JOHNgI T ' ATTEST: liNSTO`N Attorney for Jurisdiction <._ E ct.'n aid. Pt ,a __ Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 P 771 `7 , '72. 05 Memorandum of Intergovernmental Agfeement ' ' 2000 Master for Conduct of Coordinated Elections 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 November 7, 2000, coordinated election coin ucted 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, or 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 7, 2000, 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-r-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, 22-3( - 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 he construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, 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; vent v signatures on nominating petitions; and hear any protests of the nomi petitions, as said tasks are set forth in any applicable provisions of"I I, 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 Ti tic 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 texi, 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 pursuan: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 summarie, regarding the Jurisdiction's ballot issues. f Accept affidavits of intent to accept write-in candidacy up until close of business on September 8,2000,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), 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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2000, election, with a $200 minimum, plus any Page 3 of 8 additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 before its Section 20,Article X notices are due to the Count y 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. Page 4 of 8 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 § 1-5-20N 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 113.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 23, 2000, and ending November 3, 2000. 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 Page 5 of 8 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 sarvay of the returns for that jurisdiction. If the Jurisdiction desires:o 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 Agreeme it. 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 S 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 Page 6 of 8 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 ¶3.h ofthis Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated election which may include any election made necessary-Dv 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 Agrcem ent. 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: j970 )304-6525, Extension 3100, fax number: (970) 353-1964, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: _ fax: address: Page 7 of 8 DATED this i 3fr' day of }ervib,p,r- , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD if f _ ‘ , / IiiCia/2 Ki/ /1)JA AnZ12/.__J J.A. "Suki" Tsukarnoto Barbara J. Kirkmeyer, Chair ('39(/3/2.4t C. ) APPROVED AS TO FORM: ATTE:04x/ TLAN J1 f � ,7 /i Clerk to the Board ofC n ' tis inners / ii p{�/ r i t�cr _ .-Y-- (� County Attorney Deputy Clerk to the Board J f (JurisdictionL�OLDn 661, -,�i`-f Q (Title Y%t✓1n (_ -e-C-� APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Page 8 of 8 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 Memorandum of Intergovernmental Agreement 2000 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 7, 2000, coordinated election conclucted 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. 11505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, or 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 7, 2000, 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, ?2-311- 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 9 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 Coum y. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, 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 cone rning 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;verily signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title I, 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 9 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§§ 1-7-90 I 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 an.l received by the County Clerk no less than 42 days prior to the election. Nu 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 8,2000,and provide a list of valid affidavits receive..1 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 T 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 7, 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of regisi ration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers,eligible to be paid,the sum of S15 per day pursuant 10 § 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 Couny 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 pi nisi 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 'ly 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 Page 4 of 9 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 Jurisci icti on 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 Count) 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 23, 2000, and ending November 3, 2000. 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 hill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Page 5 of 9 Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power sha It 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 ('ode, 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 Page 6 of 9 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 thi.,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. coiduci the next coordinated election which may include any election made nece ssary 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, address: Y.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone'' `.1 \kr fax - , address: r y;C 3te. ,i ,1 � 11A. 1 t, Page 7 of 9 DATED this l 2t1. day of Spiwiher _, 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF' THE COUNTY OF WELD l , t_< i iii { g J.A.. "Suki" Tsukamoto 1 Barbara J. Kirl:meyer,Chair W //y/ZA XC) APPROVED AS TO FORM: ATTE g10 7 Clerk to the Board of f:�s�i siCfsy ant ��jf - _ _ • ,_ s i� " . County Attorney Deputy Clerk to the Board __ ---:' ' t , P(Jurisdiction) 010 /' � •, (Title) \^; '?,' APPROVED AS TO FORM ATTEST: - ' ' \ 1 R 72cicli (Title) •i':,i V Attorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections TOWN OF SEVERANCE, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2000, 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, or 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 7, 2000, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County C lerk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election offic ial 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 9 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 7, 2000, 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; verif. signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Tale 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 test, 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 9 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 app i cation 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 -7-90 1 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 .o 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 8,2000,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 7, 2000, election, with a $200 minimum, within 30 days of billing., regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiting Article N, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition_ Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers,eligible to be paid,the sum of$15 per day pursuant to § 1-10- 201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any e xpenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to ?$ § 1- 10-309, I-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 subdivis,on 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 Page 4 of 9 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 113.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 .23, 2000, and ending November 3, 2000. 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 Page 5 of 9 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 pros ided 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:o appoint one of its members and an eligible elector to assist, it shalt 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-I. Should there be an irreconcilable conflict between the statutes,this agreement and the Colorado Regulations, the statutes shall first • Page 6 of 9 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 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 t:he 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, address: F.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 7 of 9 DATED this 371k_day of Sp_phu Ity— , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 7 9T-1441.1 A_ t7/7/7,if_ _ .. J.A. `Suki" Tsukamoto Barbara J. Kirkmeyer, Chair (Cf1/f/V/L'J) APPROVED AS TO FORM: ATTE ' / —. - ...,_ -2 / Clerk to the Board of Coin C low 77, r -7 f - --e___ _ ( 1, Cou 'Attorn Deputy Clerk to the Board r'' iTr; (Jurisdiction) _0,11t Qt /k 117) lawn a :ieuew&Amc6 (Title) APPROVED AS TO FORM ATTEST: (Title Attorney for Jurisdiction fl w* Q eEt Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections WELD COUNTY TRI-AREA SANITATION 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 No vember 7,2000,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, or 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 7, 2000, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County C,erk acting as the coordinated election official, and WHEREAS,the County Clerk is the"coordinated election official"pursuant to§ 1 -7- 16(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 9 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 7, 2000, 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§ § 3 1 -1 I -1 01 through] 1 8 and 22- 30-104(4), C.R.S. Not Applicable 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 I, 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. Not Applicable 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 -1 10(3) and 1-5-203(3), C.R.S. Page 2 of 9 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 applicati 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 elec tioa. 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 8,2000,and provide a list of valid affidavits received to the County Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S. Not App: ;cable 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 (12), C.R.S. h. Pay the sum of 5.75 per registered elector eligible to vote in the Jurisdict.on's election as of the final date of registration prior to the November 7, 2300, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requirir.g Article X. Section 20 notices, Jurisdiction shall be liable for$.50 per registered ele:tor eligible to vote in the Jurisdiction's election as of the final date of registry for Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In audition, 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 dj 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 shall also be responsible for costs of recounts pursuant to § § I- 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 primar. 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. Not Ap)1 i cabl e 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 Page 4 of 9 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 ofthe election for the Jurisdiction for all matters in the Code which require action by the designated tlection 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 Counh 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 ah>entee 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 23, ?000 and ending November 3, 2000. 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 fbr receiving a fee, and hi!1 the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Page 5 of 9 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 appo nt 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-I. Should there be an irreconcilable conflict between the statutes, this agreement and the Colorado Regulations,the statutes shall first Page 6 of 9 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 thi; Agreement or laws applicable thereto, then the County Clerk shall, a liquidated damages,not as a penalty, refund all payments made, pursuant to ¶ 3.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fix assessed to the Jurisdiction. This remedy shall be the sole and ea:clusive 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, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: (303)833-2977 faxO03)833-0660 address:c ' 401 Locust, P. 0. Box 213, Frederick, 80530-0213 Page 7 of 9 DATED this 21st _day of August , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto / I'' Barbara J. Kitkmeyer, Chair ( 9//3/ZtX 0) APPROVED AS TO FORM: ATTEL 7 Clerk to the Board of Co ty on rse"\� ,� t cdunty Attorney ' , Deputy Clerk to the Board (Jurisdiction)_Weld County Tri-Area Sanitarion /J 1/1,c-e1 p District C thia A. Sullivan IT' e) Tlaci fnatPA R1 arti = 1f C1al APPROVED AS TO FORM ATTEST: 1 Title) _ Attorney for Ju ' ietion Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 : -1 Memorandum of Intergovernmental Agreement 7 ) `'Tine° lis14r I _' for Conduct of Coordinated Elections WIGGINS RURAL. FIRE DISTRICT, hereinafter referred to as "Jurisdiction," does berebt, 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 i.o as "County Clerk," concerning the administration of the November 7, 2000, coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended @bet einafter"Code"), and th.L rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1 This Agreement is in.1 intended to address or modify statutory provisions regarding voter registration, or to address ut modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory author its 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 7, 2000, 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§ 1-7-1 1 6(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-I-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree follows: Page 1 of B 1. The Jurisdiction encompasses territory within Weld Cc Linty ed c• ,•• County(ies). This Agreement sl all be construed to apply only to that portion of the Jurisdiction within Weld Court.y 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, election. 3. The Jurisdiction agrees to perform the foglowing 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: Niue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominat ons; accept notice of intent, petitions for nomination, and affidavits of circulators; verily 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 oof Tale 31 as adopted by reference pursuant to § 1-4-805, C.R.S c. Establish order of names and questions pursuant to § I-5-4(i6 for Jurisdiction's portion of the ballot and submit to the County Clerk iii final form. The ballot content, including a list of candidates, ballot title, and ixt, must be certified to the County Clerk no later than 55 days befcre We 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.RS , and include the inlb mationregardingthewalk-in location address for appli:ai ion or return of absentee ballots as set forth in paragraph 4.c of this Agree ma nt e. Accept written comments for and against ballot issues pursuant tc §§ 1-7-c0 1 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed ban he end of the business day on the Friday before the 45th day before the sheen Preparation of summaries of written comments shall be done by he jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. hhc full text of arty required ballot issue notices must be transmitted •o end received by the County Clerk no less than 42 days prior to the election No portion ofthis paragraph shall requirethe Count> Clerk to prepare sumvnar ics regarding the Jurisdiction's ballot issues. Accept affidavits of intent to accept write-in candidacy up until close of business on September 8, 2000, and provide a list of valid affidavits re.c cd 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 requires in • addition to County publications set forth in 11 4.6 herein which notit nuns incorporate the County Clerk's notice pursuant to § 1-5-205 (12), C R. h. Pay the sum of 5.75 per registered elector eligible to vote in the J urisdict.eit's election as of the final date of registration prior to the Novell]per 7 2, 00, election. with a $200 minimum. within 30 days of billing, regardie ss'nether or not the election is actually held. Notwithstanding tine fort no n f. • for any election which does not involve a ballot issue requiring Ar a ' N Section 20 notices, Jurisdiction shall be liable for$.50 per registered elceto • eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 7, 2000, election, with a $200 minimum. p us am Pacte 3 of 8 additional costs pursuant to 8 C.C.R. 1505-1 § 5-4.2.2. [n 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 ; !- I(1- 201(4), C.R.S., when the Jurisdiction designates persons for the Beard o • Canvassers pursuant to¶ 4(g) of this Agreement. If the Jurisdiction 'an:eh, the election before its Section 20, Article X notices are due to the Coin:the ant prior to the County Clerk incurring any expenses for the panting of the ballots, the Jurisdiction shall not be obligated for any expenses. Flu Jurisdiction shall also be responsible for costs of recounts pursuant § I 10-309, 1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pur,u.nt:O § § 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 .:'riinar. responsibility for the conduct of election procedures to be handled h' the Jurisdiction hereunder. J. By approval of this Agreement, any municipality is resolving not tc us the provisions of the Municipal Election Code, except as othenvise set 'ort•t herein or as its use is specifically authorized by the Code. k. Mail notices pursuant to § 1-7-906(2) for active registered electors wl o do not reside within the County or counties where the political subdi .Hsi on .s located. 1. Carry out all actions necessary for cancellation of an election i-tclud:r.g notice pursuant to § 1-5-208, C.R.S., and pay any costs incurre.'. he ILL County Clerk within 30 days of receipt of an invoice setting -onh the cos.° he ",.ee'-ed election pursua_ztto § 1-5-20%51. C R.S. Page 4 of 8 r 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 eLiction official and as coordinated election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to 17- 905 and 906(1),C.R.S., and publish and post notice, as directed in § 1- -2tt5. C.R.S. Publication by the Count,/ 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 absence ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of ',he Weld County Clerk and Recorder Early voting shall take place duri.:g he hours of 8:00 a.m. - 5:00 p.m., Monday- Friday. starting October 23, 2.00(i. and ending November 3, 2000. d. Give notice to Jurisdiction of the number of registered electors, within the Jurisdiction as of the effective date of cutoff for registration, .dentiC he members of the Board of Canvassers eligible for receiving a fee, and h ill 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'Jain election judges and this power si all Page 5 of 8 be delegated by the Jurisdiction to the County Clerk, to the extent requ rec 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 sunn e of the returns for that jurisdiction. If the Jurisdiction desires to appoint on of its members and an eligible elector to assist, it shall make taosd appointments, and shall notify the County Clerk in writing cf t ose appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results id the limo and manner provided and required by the Code. All recounts required h the Code shall he conducted by the County Clerk in the time and manner req tired 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 he interpreted to consistent with the C)de, a n'. provisions of Title 31 and 22 applicable to the conduct of elections anc C.C.R 1505-1. Should there be an irreconcilable conflict bervecn im statutes, this agreement and the Colorado Regulations, the statutes shdtl O rt prevail, then this agreement and lastly the Colorado Regulations c. Liquidated damages provision Page 6 of 8 DATED this f - day of_ f 2fp , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD k/a_"/ J.A. "Suki" Tsukamoto Barbara J. Kirkmeuyer, Chair ( 1//3/x'-O06) APPROVED AS TO FORM: ATT T: �Z Esc. Cl o B11(/ o tok-r-s o .. . ) Cour2t�Attome Deputy Clerk to the Board (Jurisdiction) '� --L (Title) Wr eJ r c( T APPROVED AS TO FORM ATTEST: ere( / (Title) f¢ � �� Attorney for Jurisdi/iion Page 8 of 8 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections WINDSOR-SEVERANCE 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 arid Recorder,hereinafter referred to as"County Clerk,"concerning the administration of the No em her 7,2000,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.('.R 150�- 1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, or to address or modify the County Clerk's duties thereunder. WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authoriiy 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 7, 2000, 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-Il6('). 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), 1-7-1 16. 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 or 9 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall he construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2000, 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 nomina;ing 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 ofTid le 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 m final form. The ballot content, including a list of candidates, ballot title, and icyt, must be certified to the County Clerk no later than 55 days bet are the election, pursuant to §§ 1-1-1 10(3) and 1-5-203(3), C.R.S. Page 2 of 9 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 appl icat ion 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 he 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. 'I'Iie 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 8,2000,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 regt.ired 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 7. 2000, election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Ankle X, Section 20 notices, Jurisdiction shall be liable for$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration Page 3 of 9 prior to the November 7, 2000, election, with a $200 minimum. plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 § I-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 shall also be responsible for costs of recounts pursuant to § tj I- 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 betwern 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 Page 4 of 9 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 ofthe 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 It gal 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 Octohei 23, 2000, and ending November 3, 2000. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration. ideniify 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 Page 5 or 9 Jurisdiction and the County Clerk. The County Clerk shall appoint and train election judges and-.his 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 atd 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 w iting 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 tine 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 Page 6 of 9 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 '113.h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made net essary 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, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: (970) 686-959(#ax: (970) 686-9623— _ _ _- address: 728 Main Street, Windsor, CO 80550 Page 7 of 9 DATED this 10th day of August , 2000. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD `/�,' ' ' J.A. "Saki" Tsukamoto 4 Barbara J. Kirkmeyer, Chair (0?)/3/Zg'6") APPROVED AS TO FORM: A.TT T: /ilk/ Clerk to the Board o o "iSsioners 7 1861 ' I- 1� C 3ii-11i 1 _ ) / LXaG4 / r` County Attorney Deputy Clerk to the Bo -Y ✓ �V (]jurisdiction) ee., (ad't-f t,„; I4. GL 2 - �(�?� .- �� (Title) APPROVE]) AS TO FORM ti/' Q 7 j..-e 17'),c- 2t,ta'' ATTEST: zyhw. 4- chnl.i c4-'\ Richard Lyons (Title) Office Manager Attorney for Jurisdiction Page 8 of 9 THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 9 Hello