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Home My WebLink About20002304.tiff V.Y/1J!VV 1V.VV rni 0001a04 I%LLL ',VW,'11 l.LtlU16 Att., IJVUG WELD CO. CLK & REC 2(P) SEP t LI AN 9: 37 Memorandum of Intergovernmental Agreement 2000 Master for Conduct of Coordinated Elections CITY OF BERTHOUD.hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 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 CountyClerk is the"coordinated election official"pursuant to§1-7-11.6(2), C.R.S., and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set fotth,and • WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2),22-31-103, and 29-1-203, et seq.,C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein,the parties agree as follows: Page 1 of 8 eRoov7 2000-2304 Va/ 1J/ VV 1V.V1 CAA. JJJ1JV4 !LLV cVV'LZ LLblut & HL(, LgJ UUa 1. The Jurisdiction encompasses territory within Weld County and Larimer - County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term ofAgreement: 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 tacks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form,where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators;verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election,pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. • Page 2 of 8 sal VV iV-V1 m a OOJ1DV4 •'LLU 1.V1IN11 LLt11110. 1&tt IJUU1 d. Publish and post notices of election pursuant to § 1-5-205, CRS., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901 and 1-40-125(2)(e),C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45th day before the election. Preparation of summaries of written comments shall be done by the jurisdiction but only to the extent required pursuant to§1-7-903,C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no less than 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on September 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 ofthe final date of registration prior to the November 7, 2000, election, with a $200 minimum, plus any Page 3 of 8 VV, 10/VV 1V.V1 IAA 4001304 nLLI) LVt\11 lLLIQ1 GQ 1(Ll WJVVJ • additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition, Jurisdiction shall also reimburse Clerk for payment ofmembers of the Board of Canvassers,eligible to be paid,the sum of S15 per day pursuant to§ 1-10- 201(4), C.R.S., when the Jurisdiction designates persons for the Board of Canvassers pursuant to q 4(g)of this Agreement_ If the Jurisdiction cancels • the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to§ § 1• 10-309,1-10-303 or 1-11-215,C.R.S.,unless otherwise provided pursuant to § § 1-10-304 and 304.5. i. Designate an"election officer"who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval of this Agreement, any municipality is resolving not to use the provisions of the Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. • • k. Mail notices pursuant to § 1-7-906(2)for active registered electors who do not reside within the County or counties where the political subdivision is located. • L 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 c);_ 4. 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 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 survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. • General Provisions a. Time is of the essence to this Agreement The statutory,time frames of the Code shall apply to completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement .shall be interpreted to consistent with the Code, and • provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes,this agreement and the Colorado Regulations,the statutes shall first prevail,then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision 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,ifrequested 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 to the Jurisdiction at phone:(9 7 0) 532-26t : (970) 532-0640 address: 328 Massachusetts Ave. , PO Box 1229 , Berthoud, CO 80513 Page 7 of 8 DATED this 13t11 day of Sept. , 2000. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A-"Suki"Tsukamoto 'ye/ ] Barbara J.Kirkmeyer, Chair (09-i -2O7O APPROVED AS TO FORM: ATTE� „/ I ' B' 2 7 Clerk to the Board of 11i'+ i County Alto ey Deputy Clerk to the Board '- (Jurisdiction)Town of Berthoud _ (Titlel /u , h--t'W S (>58-J2-- aYor I APPROVED AS TO FORM / ATTEST: V .G 0B4,0-01- e. ) \ c I-� (Title) Town Clerk Attorney for Jurisdiction Page 8 of 8 Hello