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Home My WebLink About930913.tiff Fort Lupton/Brighton School Versions Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Adams-Weld School District 27J , hereinafter referred to as "Jurisdiction" , does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter the "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk" concerning the administration of the November 2 , 1993 coordinated mail ballot election conducted pursuant to the Uniform Election Code of 1992 as amended by HB 93- 1255 and SB 93-135, (hereinafter "Code" ) , and the rules and regulations promulgated thereunder, 8 C.C.R. 1505-1 . This Agreement is not intended to address or modify statutory provisions regarding voter registration. 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 on November 2 , 1993, and WHEREAS, the County Clerk has chosen to conduct the November 2, 1993 election by mail, and WHEREAS, the Jurisdiction agrees to conduct a coordinated mail ballot election coordinated by the County Clerk, and WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1 .4 and 5 . 2 . 1 has agreed 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 SS 1-7- 116 , 22-31-103, and 29-1-203, et seq. , C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows : 1 . The Jurisdiction encompasses territory within Weld and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2 . Term of Agreement a. This Agreement is intended only to deal with the conduct of the November 2 , 1993 election. 3 . The Jurisdiction agrees to perform the following tasks and activities : 1 930913 a. Receive initiated petitions for local ballot issues where authorized by law, pursuant to § 1-40-109 (2) , C.R.S . b. Check signatures on initiated petitions and determine and issue, where appropriate, a statement of sufficiency, pursuant to S 1-40-118 ( 1) , C.R.S. c . Defend against protests filed with the District Court, pursuant to § 1-40-118, C.R.S. d. Issue call for nominations for non-partisan elections, where applicable, pursuant to S 1-5-204 , C.R. S. , and 8 C.C.R. 1505-1 § 5 .5 . 1 . e. Provide approved candidate nominating petitions, pursuant to § 1-4-903 C.R.S. together with instructions to petition circulators . f . Receive candidate acceptance of nominations in writing, pursuant to § 1-4-906, C.R.C. g. Accept for filing notice of intention, petitions for nomination, and affidavit of circulator, pursuant to §§ 1-4-804 ( 1) , 1-4-907 , and 22-31-107, C.R. S. h. Verify signatures on nominating petitions and hear any protests of the nominating petitions within five days after the petitions are filed, pursuant to §§ 1-4-501( 1) , 1-4-908( 1) ( 3) , and 1-4-909 , C.R.S . i . Establish order of names and questions for Jurisdiction' s portion of the ballot, pursuant to §§ 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1 §§ 5 . 4 . 2 and 5 . 4 . 3 . j . Certify ballot content, including a list of candidates, ballot title, and text, to County Clerk at least 55 days prior to election, pursuant to § 1-1-110 ( 3) and 8 C.C.R. 1505-1 §§ 5 .4 . 1 and 5 .4 . 2 . k. Prepare for publication and timely provide to the County Clerk text of notices or calls of election of candidates or of measures and advise County Clerk of number and place of any publication required, if any, pursuant to 8 C.C.R. 1505-1 § 5 .5 and the Jurisdiction' s requirements . 1 . Accept written comments for and against ballot issues pursuant to C.R.S. S 1-40-125(2) (e) and 8 C.C.R. 1505-1 S 5 .4 . 4 . 2 and provide a copy of comments filed in support with respect to Article 2 930913 X, Section 20 of the Colorado Constitution ballot issues to the proponents pursuant to 8 C.C.R. 1505- 1 § 5. 4 .4 . 3, no later than the Friday prior to the 30 days prior to the election. Accept summaries of comments filed in support at least 28 days prior to the election by 3 p.m. from the proponents pursuant to 8 C.C.R. 1505-1 § 5 .4 .4 . 5 . Prepare a summary of comments in opposition and submit both summaries to the County Clerk by close of business 25 days prior to the election, pursuant to 8 C.C.R. 1505-1 §§ 5 . 4 . 4 . 6 and 5 . 4 .4 . 7 and § 1-7-116 (4) . m. Accept affidavits of intent to be write-in candidate up to 26 days prior to the election and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S . § 1-4-1102 . n. Prepare Article X, Section 20, Colorado Constitu- tion notices and submit them to the County Clerk at least 25 days prior to the election. Prepare text, identify number and place for publication of measures and/or notice of election, if required, and advise County Clerk pursuant to C.R.S. § 1-40- 124 and 8 C.C.R. 1505-1 § 5 . 6 . 1 . o. Pay the sum of $ . 25 per registered elector eligible to vote in the Jurisdiction' s election as of the final date of registration prior to the November 2, 1993 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5 .4 .2 . 2, within 30 days of billing, regardless of whether or not the election is actually held. P. 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. r. Approval of this Agreement shall constitute approval of the mail ballot plan attached as Exhibit "A" . s . By approval of this Agreement, any municipality is resolving not to use the provisions of the Municipal Election Code. 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 3 9�x[1.41_'i 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 pursuant to 8 C.C.R. 1505-1 § 5 .2 . b. Obtain approval of the mail ballot plan Exhibit "A" from the Secretary of State including all participating Jurisdictions, pursuant to 8 C.C.R. 1505-1 § 10 . 1 .4 . c . Circulate Article X, Section 20 of the Colorado Constitution notice as needed by insertion in the mail ballot pursuant to § 1-40-125(2) , C.R. S . and 8 C.C.R. 1505-1 § 5 . 6 . 1 . 1 . and arrange for publica- tion as directed by the Jurisdiction, pursuant to paragraph 3( 1) and (n) of this Agreement. d. Mail ballot packets pursuant to § 1-7 . 5-107 ( 3) (a) and 8 C.C.R. 1505-1 § 10 . 7 between 25 and 15 days prior to the date of election and provide replace- ment ballots, pursuant to § 1-7 . 5-107 (c) and (d) , C.R.S. , and 8 C.C.R. 1505-1 if 10 . 10. 1 (b) , 10 . 11, and 10 . 13, as appropriate. e. Provide absentee ballots, pursuant to § 1-7 . 5-108, C.R. S. , and 8 C.C.R. 1505-1 if 10 . 8 and 11, as appropriate. f . Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration and bill Jurisdiction at the rate of $ . 25 per registered elector, with a $200 minimum, for the services pursuant to this Agreement. g. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. h. Appoint and train election judges; to the extent required or allowed by law, the jurisdiction delegates that right and authority to the Clerk. i . Designate the Weld County Clerk and Recorder' s Office, 1402 North 17th Avenue, Greeley, Colorado 80631, as the single site for absentee voting, mail ballot return and replacement ballot application and return. j . 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 4 930913 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 In the event that any provision in this Agreement conflicts with the Code or any other statute or valid prior resolution duly adopted by the Jurisdiction, this Agreement shall be modified to conform to such law or resolution, but no subsequent resolution of the Jurisdiction nor of the County shall impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to this Agreement. c. Liquidated Damages Provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages, not as a penalty, refund all payments made, pursuant to paragraph 3-0 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 5 930913 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: 353-3840, Extension 3100, fax number: 353-1964 , address : P.O. Box 459, Greeley, CO 80632 ; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: , address : g. General Conduct of the Election Except as expressly set forth in this Agreement, the jurisdiction and the County Clerk shall each perform their respective duties for the conduct of the election as set forth and required by the Code and other applicable laws and regulations. The jurisdiction and the County Clerk intend to work together cooperatively for the conduct of the election. In the event any uncertainties or disputes arise relating to the conduct of this election, the Designated Election Official from the School District and the County Clerk Official shall meet and attempt to informally resolve the uncertainty or dispute. It is the general intent of the parties that the County Clerk shall conduct the election and the jurisdiction shall supply the County with all information needed by the County Clerk for that part of the Coordinated Election related to the jurisdiction. (THE REMAINING PORTION OF THIS PAGE LEFT BLANK INTENTIONALLY) 6 930913 DATED this 24th day of August , 1993 . WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Mary Ain Feuerstein Constance L. Harbert, Chairman APPROVED AS TO FORM: ATTEST: A / Pdath —rqett. Clerk to the Board of County Commissioners 41"Countttorney `''-„ e uty Clerk to the Boa Jurisdiction �/_ , ATTEST: p ErkG Attor-ne 4or--Jut-igo4 President Board of ducation electflb.db 7 930913 Fort Lupton/Brighton School Versions Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Weld RE-9 School District ' , hereinafter referred to as "Jurisdiction", does hereby agree and contract with the Board of county Commissioners of the County of weld, hereinafter the "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk" concerning the administration of the November 2, 1993 coordinated mail ballot election conducted pursuant to the Uniform Election Code of 1992 as amended by HB 93- 1255 and SB 93-135, (hereinafter "Code" ) , and the rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration. 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 on November 2, 1993, and WHEREAS, the County Clerk has chosen to conduct the November 2, 1993 election by mall, and WHEREAS, the Jurisdiction agrees to conduct a coordinated mail ballot election coordinated by the County Clerk, and WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R. 1505-1 SS 5.1.4 and 5.2. 1 has agreed 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 SS 1-7- 116, 22-31-103, and 29-1-203, et seq. , C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld nail County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2 . Term of Agreement a. This Agreement is intended only to deal with the conduct of the November 2, 1993 election. 3. The Jurisdiction agrees to perform the following tasks and activities; 1 a/POD/0 98661/3 a. Receive initiated petitions for local ballot issues where authorized by law, pursuant to S 1-40-109(2) , C.R.S. b. Check signatures on initiated petitions and determine and issue, where appropriate, a statement of sufficiency, pursuant to S 1-40-118(1) , C.R.S. c. Defend against protests filed with the District Court, pursuant to S 1-40-118, C.R.S. d. Issue call for nominations for non-partisan elections, where applicable, pursuant to 5 1-5-204, C.R.S. , and 8 C.C.R. 1505-1 S 5.5. 1. e. Provide approved candidate nominating petitions, pursuant to S 1-4-903 C.R.S. together with instructions to petition circulators. f. Receive candidate acceptance of nominations in writing, pursuant to $ 1-4-906, C.R.C. g. Accept for filing notice of intention, petitions for nomination, and affidavit of circulator, pursuant to SS 1-4-804( 1) , 1-4-907 , and 22-31-107, C.R.S. h. Verify signatures on nominating petitions and hear any protests of the nominating petitions within five days after the petitions are filed, pursuant to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909, C.R.S. i. Establish order of names and questions for Jurisdiction's portion of the ballot, pursuant to SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1 SS 5 .4.2 and 5.4.3. j . Certify ballot content, including a list of candidates, ballot title, and text, to County Clerk at least 55 days prior to election, pursuant to S 1-1-110(3) and 8 C.C.R. 1505-1 SS 5.4.1 and 5.4 .2. k. Prepare for publication and timely provide to the County Clerk text of notices or calls of election of candidates or of measures and advise County Clerk of number and place of any publication required, if any, pursuant to 8 C.C.R. 1505-1 S 5.5 and the Jurisdiction's requirements. 1. Accept written comments for and against ballot issues pursuant to C.R.S. S 1-40-125(2) (e) and 8 C.C.R. 1505-1 $ 5.4 .4 .2 and provide a copy of comments filed in support with respect to Article 2 930913 X, section 20 of the Colorado constitution ballot issues to the proponents pursuant to 8 C.C.R. 1505- 1 S 5.4 .4 .3, no later than the Friday prior to the 30 days prior to the election. Accept summaries of comments filed in support at least 28 days prior to the election by 3 p.m. from the proponents pursuant to 8 C.C.A. 1505-1 $ 5.4.4.5. Prepare a summary of comments in opposition and submit both summaries to the County Clerk by close of business 8 es. 1 SS days prior to the election, pursuant 5.4 .4.6 and 5.4.4.7 and S 1-7-116(4) . m. Accept affidavits of intent to be write-in candidate up to 26 days prior to the election and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. S 1-4-1102 . n. Prepare Article X, Section 20, Colorado Constitu- tion notices and submit them to the County Clerk at least 25 days prior to the election. Prepare text, identify number and place for publication of measures and/or notice of election, if required, and advise County Clerk pursuant to C.R.S. S 1-40- 124 and 8 C.C.R. 1505-1 S 5.6 . 1 . o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1993 election, with a $200 minimum, plus any additional costs pursuant to B C.C.R. 1505-1 S 5.4.2.2, within 30 days of billing, regardless of whether or not the election is actually held. p. Designate an "election officer" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary the procedures to be handled by responsibility for conduct the Jurisdiction hereunder. r. Approval of this Agreement shall constitute approval of the mail ballot plan attached as Exhibit "A" . s. By approval of this Agreement, any municipality is resolving not to use the provisions of the Municipal Election Code. 4 , Duties of County Clerk Agrees to perform the following tasks and activities:provided in this a. Except as Agreement,otto act herwise easrethey for designated election 3 930913 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 pursuant to 8 c.C.R. 1505-1 S 5.2. b. Obtain approval of the mail ballot plan Exhibit "A" from the Secretary of State including all participating Jurisdictions, pursuant to 8 C.C.R. 1505-1 S 10.1.4. c. Circulate Article a, Section 20 of the Colorado Constitution notice as needed by insertion in the mail ballot pursuant to S 1-40-125(2), C.R.s. and 8 C.C.R. 1505-1 S 5.6.1. 1. and arrange for publica- tion as directed by the Jurisdiction, pursuant to paragraph 3(1) and (n) of this Agreement. d. Mail ballot packets pursuant to S 1-7.5-107(3) (a) and 8 C.C.A. 1505-1 $ 10.7 between 25 and 15 days prior to the date of election and provide replace- ment ballots, pursuant to S 1-7.5-107(c) and (d) , C.R.S. , and 8 C.C.R. 1505-1 SS 10.10. 1(b) , 10. 11, and 10.13, as appropriate. e. Provide absentee ballots, pursuant to S 1-7.5-108, C.R.S. , and 8 C.C.R. 1505-1 SS 10.8 and 11, as appropriate. f. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration and bill Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum, for the services pursuant to this Agreement. g. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. h. Appoint and train election judges; to the extent required or allowed by law, the jurisdiction delegates that right and authority to the Clerk. i. Designate the Weld County Clerk and Recorder's Office, 1402 North 17th Avenue, Greeley, Colorado 80631, as the single site for absentee voting, mail ballot return and replacement ballot application • and return. j . 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 4 !remain 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 o this A t completion of the tasks required by q b. Conflict of Agreement with Law In the event that any provision in this Agreement conflicts with the Code or any other statute or valid prior resolution duly adopted by the Jurisdiction, this Agreement shall be modified to conform to such law or resolution, but no subsequent resolution of the Jurisdiction nor of the County shall impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to this Agreement. c. Liquidated Damages Provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the county Clerk shall, as liquidated damages, not as a penalty, refund all payments made, pursuant to paragraph 3-0 of this Agreement and ;hall, 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 5 930913 or y parties, their officers,provided iployeesmsss, except as expressly pAgreement. 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: 353-3840, Extension 3104, fax number: 353-1964, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: 834-1345 fax: 834-1185 , address: Box 68, Ault, CO 80610 g. General Conduct of the Election Except as expressly set forth in this Agreement, the jurisdiction and the County Clerk shall each perform their respective duties for the conduct of the election as set forth and required by the Code and other applicable laws and regulations . The jurisdiction and the County Clerk intend to work together cooperatively for the conduct of the election. In the event any uncertainties or disputes arise relating to the conduct of this election, the Designated Election Official from the School District and the County Clerk Official shall meet and attempt to informally resolve the uncertainty or dispute. It is the general intent of the parties that the County Clerk shall conduct the election and the jurisdiction shall supply the County with all information needed by the County Clerk for that part of the Coordinated Election related to the jurisdiction. (THE REMAINING PORTION OF THIS PAGE LEFT BLANK INTENTIONALLY) 6 930913 DATED this O15 _ day of ki Ar; , )c, , 1993. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD g Ma A euerstein Constance L. Har rt, airman APPROVED AS TO FORM: ATTEST: Aliji, Aiiii // 11 //oaf? Clerk to the Board of County Comm stoners Co Attorney D p y lerk tt t e Boar risdiction i ATTEST: Attorney for Jurisdiction u.etllD.a 7 93091.3 Fort Lupton/Brighton School Versions Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Weld County School District Re 8 , hereinafter referred to as "Jurisdiction" , does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter the "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk" concerning the administration of the November 2 , 1993 coordinated mail ballot election conducted pursuant to the Uniform Election Code of 1992 as amended by HB 93- 1255 and SB 93-135, (hereinafter "Code" ) , and the rules and regulations promulgated thereunder, 8 C.C.R. 1505-1 . This Agreement is not intended to address or modify statutory provisions regarding voter registration. 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 on November 2 , 1993, and WHEREAS, the County Clerk has chosen to conduct the November 2, 1993 election by mail, and WHEREAS, the Jurisdiction agrees to conduct a coordinated mail ballot election coordinated by the County Clerk, and WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1 . 4 and 5 .2 . 1 has agreed 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 SS 1-7- 116 , 22-31-103, and 29-1-203, et seq. , C.R. S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows : 1 . The Jurisdiction encompasses territory within Weld and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2 . Term of Agreement a. This Agreement is intended only to deal with the conduct of the November 2 , 1993 election. 3 . The Jurisdiction agrees to perform the following tasks and activities : 1 �� 72369/3 a. Receive initiated petitions for local ballot issues where authorized by law, pursuant to § 1-40-109(2) , C.R.S. b. Check signatures on initiated petitions and determine and issue, where appropriate, a statement of sufficiency, pursuant to § 1-40-118( 1) , C.R.S . c . Defend against protests filed with the District Court, pursuant to § 1-40-118, C.R.S. d. Issue call for nominations for non-partisan elections, where applicable, pursuant to § 1-5-204, C.R.S. , and 8 C.C.R. 1505-1 § 5 . 5 . 1 . e. Provide approved candidate nominating petitions, pursuant to § 1-4-903 C.R. S . together with instructions to petition circulators . f . Receive candidate acceptance of nominations in writing, pursuant to § 1-4-906, C.R.C. g. Accept for filing notice of intention, petitions for nomination, and affidavit of circulator, pursuant to SS 1-4-804 ( 1) , 1-4-907 , and 22-31-107, C.R. S. h. Verify signatures on nominating petitions and hear any protests of the nominating petitions within five days after the petitions are filed, pursuant to SS 1-4-501( 1) , 1-4-908 ( 1) (3) , and 1-4-909, C.R.S . i . Establish order of names and questions for Jurisdiction' s portion of the ballot, pursuant to SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1 SS 5 . 4 . 2 and 5 . 4 . 3 . j . Certify ballot content, including a list of candidates, ballot title, and text, to County Clerk at least 55 days prior to election, pursuant to S 1-1-110(3) and 8 C.C.R. 1505-1 §S 5 .4 . 1 and 5 . 4 .2 . k. Prepare for publication and timely provide to the County Clerk text of notices or calls of election of candidates or of measures and advise County Clerk of number and place of any publication required, if any, pursuant to 8 C.C.R. 1505-1 § 5 . 5 and the Jurisdiction' s requirements . 1 . Accept written comments for and against ballot issues pursuant to C.R.S. § 1-40-125(2 ) (e) and 8 C.C.R. 1505-1 S 5 . 4 .4 .2 and provide a copy of comments filed in support with respect to Article 2 X, Section 20 of the Colorado Constitution ballot issues to the proponents pursuant to 8 C.C.R. 1505- 1 § 5 . 4 . 4 . 3, no later than the Friday prior to the 30 days prior to the election. Accept summaries of comments filed in support at least 28 days prior to the election by 3 p.m. from the proponents pursuant to 8 C.C.R. 1505-1 § 5 . 4 . 4 .5 . Prepare a summary of comments in opposition and submit both summaries to the County Clerk by close of business 25 days prior to the election, pursuant to 8 C.C.R. 1505-1 §§ 5 . 4 . 4 . 6 and 5. 4 . 4 . 7 and § 1-7-116 (4) . m. Accept affidavits of intent to be write-in candidate up to 26 days prior to the election and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. S 1-4-1102 . n. Prepare Article X, Section 20, Colorado Constitu- tion notices and submit them to the County Clerk at least 25 days prior to the election. Prepare text, identify number and place for publication of measures and/or notice of election, if required, and advise County Clerk pursuant to C.R.S. § 1-40- 124 and 8 C.C.R. 1505-1 § 5 . 6 . 1 . o. Pay the sum of $ . 25 per registered elector eligible to vote in the Jurisdiction' s election as of the final date of registration prior to the November 2 , 1993 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5 . 4 . 2 . 2, within 30 days of billing, regardless of whether or not the election is actually held. P. 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. r. Approval of this Agreement shall constitute approval of the mail ballot plan attached as Exhibit "A" . s . By approval of this Agreement, any municipality is resolving not to use the provisions of the Municipal Election Code. 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 3 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 pursuant to 8 C.C.R. 1505-1 S 5 .2 . b. Obtain approval of the mail ballot plan Exhibit "A" from the Secretary of State including all participating Jurisdictions, pursuant to 8 C.C.R. 1505-1 § 10 . 1 .4 . c . Circulate Article X, Section 20 of the Colorado Constitution notice as needed by insertion in the mail ballot pursuant to § 1-40-125(2 ) , C.R. S . and 8 C.C.R. 1505-1 § 5 . 6 . 1 . 1 . and arrange for publica- tion as directed by the Jurisdiction, pursuant to paragraph 3 (1) and (n) of this Agreement. d. Mail ballot packets pursuant to § 1-7 .5-107 (3) (a) and 8 C.C.R. 1505-1 § 10 . 7 between 25 and 15 days prior to the date of election and provide replace- ment ballots, pursuant to § 1-7 .5-107 (c) and (d) , C.R.S. , and 8 C.C.R. 1505-1 §§ 10 . 10 . 1(b) , 10 . 11, and 10 . 13, as appropriate. e. Provide absentee ballots, pursuant to § 1-7 .5-108, C.R. S. , and 8 C.C.R. 1505-1 §§ 10 . 8 and 11, as appropriate. f . Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration and bill Jurisdiction at the rate of $ .25 per registered elector, with a $200 minimum, for the services pursuant to this Agreement. g. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. h. Appoint and train election judges; to the extent required or allowed by law, the jurisdiction delegates that right and authority to the Clerk. i . Designate the Weld County Clerk and Recorder' s Office, 1402 North 17th Avenue, Greeley, Colorado 80631, as the single site for absentee voting, mail ballot return and replacement ballot application and return. j . 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 4 930913 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 In the event that any provision in this Agreement conflicts with the Code or any other statute or valid prior resolution duly adopted by the Jurisdiction, this Agreement shall be modified to conform to such law or resolution, but no subsequent resolution of the Jurisdiction nor of the County shall impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to this Agreement. c . Liquidated Damages Provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages, not as a penalty, refund all payments made, pursuant to paragraph 3-o 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 5 930913 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: 353-3840, Extension 3100, fax number: 353-1964, address : P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: 857-6291 fax: 857-6293 , address : 301 Reynolds Street. Fort Lupton, CO 80621 . g. General Conduct of the Election Except as expressly set forth in this Agreement, the jurisdiction and the County Clerk shall each perform their respective duties for the conduct of the election as set forth and required by the Code and other applicable laws and regulations . The jurisdiction and the County Clerk intend to work together cooperatively for the conduct of the election. In the event any uncertainties or disputes arise relating to the conduct of this election, the Designated Election Official from the School District and the County Clerk Official shall meet and attempt to informally resolve the uncertainty or dispute. It is the general intent of the parties that the County Clerk shall conduct the election and the jurisdiction shall supply the County with all information needed by the County Clerk for that part of the Coordinated Election related to the jurisdiction. (THE REMAINING PORTION OF THIS PAGE LEFT BLANK INTENTIONALLY) 6 92,091.E DATED this 24th day of August , 1993 . WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS 7�� OF THE COUNTY OF WELD Mar An FeuersteinOf Constance L. Harbert, Chairman APPROVED AS TO FORM: ATTEST: l° i& Clerk to the Board of County _ 2 Co issioners / Coun Attorney 1 N eputy Clerk t the Boar Jurisdiction ATTEST: ( Attorney for Jurisdiction President : Weld Re 8 Board of Education electflb.db 7 93091.3 Fort Lupton/Brighton School versionsPOce-5 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Weld County School District Re.#7 , hereinafter referred to as Jurisdiction" , does hereby agree andof t with the Board the County Commissioners of the Countyweld, hereinafter "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk" concerning the administration of the November 2, 1993 coordinated mail ballot election conducted pursuant to the Uniform Election Code of 1992 as amended by HB 93- 1255 and SB 93-135, (hereinafter "Code") , and the rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration. 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 on November 2, 1993, and WHEREAS, the County Clerk has chosen to conduct the November 2, 1993 election by mail, and WHEREAS, the Jurisdiction agrees to conduct a coordinated mail ballot election coordinated by the County Clerk, and WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R. 1505-1 SS 5. 1.4 and 5.2. 1 has agreed to perform certain services performance by the jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at SS 1-7- 116, 22-31-103, and 29-1-203, et seq. , C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within weld County. 2. Term of Agreement a. This Agreement is intended only to deal with the conduct of the November 2, 1993 election. 3. The Jurisdiction agrees to perform the following tasks and activities: 1 936 7/3 �',� OZIC a. Receive initiated petitions for local ballot issues where authorized by law, pursuant to S 1-40-109(2) , C.R.S. b. Check signatures on initiated petitions and determine and issue, where appropriate, a statement of sufficiency, pursuant to S 1-40-118(1) , C.R.S. c. Defend against protests filed with the District Court, pursuant to S 1-40-118, C.R.S. d. Issue call for nominations for non-partisan elections, where applicable, pursuant to S 1-5-204, C.R.S . , and 8 C.C.R. 1505-1 S 5.5. 1. e. Provide approved candidate nominating petitions, pursuant to S 1-4-903 C.R.S. together with instructions to petition circulators. f. Receive candidate acceptance of nominations in writing, pursuant to S 1-4-906, C.R.C. g. Accept for filing notice of intention, petitions for nomination, and affidavit of circulator, pursuant to SS 1-4-804( 1) , 1-4-907, and 22-31-107, C.R.S. h. Verify signatures on nominating petitions and hear any protests of the nominating petitions within five days after the petitions are filed, pursuant to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909, C.R.S. i. Establish order of names and questions for Jurisdiction's portion of the ballot, pursuant to SS 1-5-406 and 1-5-407, C.R.B. , and 8 C.C.R. 1505-1 SS 5 .4.2 and 5.4.3. j . Certify ballot content, including a list of candidates, ballot title, and text, to County Clerk at least 55 days prior to election, pursuant to S 1-1-110(3) and 8 C.C.R. 1505-1 SS 5.4.1 and 5.4 .2. k. Prepare for publication and timely provide to the County Clerk text of notices or calls of election of candidates or of measures and advise County Clerk of number and place of any publication required, if any, pursuant to B C.C.R. 1505-1 S 5.5 and the Jurisdiction's requirements. 1 . Accept written comments for and against ballot issues pursuant to C.R.S. S 1-40-125(2) (e) and 8 C.C.R. 1505-1 S 5.4 .4.2 and provide a copy of comments filed in support with respect to Article 2 930913 X, Section 20 of the Colorado Constitution ballot issues to the proponents pursuant to 8 C.C.R.t1505- 1 S 5.4 .4 .3, no later than the Friday prior he 30 days prior to the election. Accept summaries of comments filed in sump°fr at least 28 days prior to the election by 3 p. om the proponents pursuant to 8 C.C.R. 1505-1 5 5 .4 .4.5. Prepare a summary of comments in opposition and submit both summaries to the County Clerk by close of busineSS 25R. days 150 prior or to the election, pursuant to B 5.4.4 .6 and 5.4.4.7 and S 1-7-116(4) . m. Accept affidavits of intent to be write-in candidate up to 26 days prior to the election and CountyeClerkst Of pursuantid toaC.R.Svigs1-4d to the a -1102 .0, Colorado u- n. prepre Artile X, Section ti nanot cesCand submit them to tto the County Clerk at prior to the election. Prepare text, days ublication of text, id entify number and place for p measures and/or notice of election, if required, and vie Cut 1505-1 p u y Clerk pursuant to C.R.S. S 1-40- an and s Con o . Pay the sum of $ .25 per registered elector eligible to vote in the Jurisdiction's election as of ember the final date of registration prior plus any ad 2, 1993 election, with 200 to 8 C.C.R.i 505-1 S additional costs pursuant whether�orwi not nthe election 30 days of i s act ally held.illi , regardless of p. 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 o Jurisdf iction ction procedures to be handled by the hereunder. r. Approval of this Agreement shall constitute approval of the mail ballot plan attached as Exhibit "A" . • s. By approval o tto use this sment, any the provisions pa oftythe is resolving not Municipal Election Code. 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 3 930913 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 pursuant to 8 C.C.R. 1S05-1 S 5.2. b. Obtain approval of the mail ballot plan Exhibit "A" from the Secretary of State including all participating Jurisdictions, pursuant to 8 C.C.R. 1505-1 S 10.1.4. c. Circulate Article r, section 20 of the Colorado Constitution notice as needed by insertion in the mail ballot pursuant to S 1-40-125(2), C.R.S. and 8 C.C.R. 1505-1 S 5.6.1. 1. and arrange for publica- tion as directed by the Jurisdiction, pursuant to paragraph 3(1) and (n) of this Agreement. d. Nail ballot packets pursuant to $ 1-7.5-107(3) (a) and 8 C.C.A. 1505-1 $ 10.7 between 25 and 15 days prior to the date of election and provide replace- ment ballots, pursuant to S 1-7.5-107(c) and (d) , C.R.S. , and 8 C.C.R. 1505-1 SS 10.10. 1(b) , 10. 11, and 10. 13, as appropriate. e. Provide absentee ballots, pursuant to $ 1-7.5-108, C.R.S. , and 8 C.C.R. 1505-1 SS 10.8 and 11, as appropriate. f. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration and bill Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum, for the services pursuant to this Agreement. g. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. ,/h. Appoint and train election judges; to the extent required or allowed by law, the jurisdiction delegates that right and authority to the Clerk. i. Designate the Weld County Clerk and Recorder's office, 1402 North 17th Avenue, Greeley, Colorado 80631, as the single site for absentee voting, mail ballot return and replacement ballot application • and return. A . •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 4 930913 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 In the event that any provision in this Agreement conflicts with the Code or any other statute or valid prior resolution duly adopted by the Jurisdiction, this Agreement shall be modified to conform to such law or resolution, but no subsequent resolution of the Jurisdiction nor of the County shall impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to this Agreement. c. Liquidated Damages Provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages, not as a penalty, refund all payments made, pursuant to paragraph 3-0 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 5 930913 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 parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840, Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: 352-6177353 address: fax: P.O. Box 485. Kersey_ E0 R0644 g. General Conduct of the Election Except as expressly set forth in this Agreement, the jurisdiction and the County Clerk shall each perform their respective duties for the conduct of the election as set forth and required by the Code and other applicable laws and regulations . The jurisdiction and the County Clerk intend to work together cooperatively for the conduct of the election. In the event any uncertainties or disputes arise relating to the conduct of this election, the Designated Election Official from the School District and the County Clerk Official shall meet and attempt to informally resolve the uncertainty or dispute. It is the general intent of the parties that the County Clerk shall conduct the election and the jurisdiction shall supply the County with all information needed by the County Clerk for that part of the Coordinated Election related to the jurisdiction. (THE REMAINING PORTION OF THIS PAGE LEFT BLANK INTENTIONALLY) 6 930913 DATED this c 5 day of fuj pc , 1993. WELD COUNTY CLERK & RECORDER I OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD // lilt 1 �c�� %� Ma RA Feuerste in �� Constance L. Harbert, APPROVED AS TO FORM: ATTEST: I '(k`vw /v eicui Clerk to the Board of County commissioners 1 ,f County ttorney eputy Clerk to ; he B- -. - Jurodictio ATTEST: /Oi-A__) > C724Attorney for Jurisdiction aleatflb.4113 7 93091n Fort Lupton/Brighton School Versions/BOCES Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections Weld County School District RE-1 , hereinafter referred to as "Jurisdiction" , does hereby agree and contract with the Board of County Commissioners of the county of Weld, hereinafter the "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk" concerning the administration of the November 2 , 1993 coordinated mail ballot election conducted pursuant to the Uniform Election Code of 1992 as amended by HB 93- 1255 and SB 93-135, (hereinafter "Code" ) , and the rules and regulations promulgated thereunder, 8 C.C.R. 1505-1 . This Agreement is not intended to address or modify statutory provisions regarding voter registration. 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 on November 2 , 1993, and WHEREAS, the County Clerk has chosen to conduct the November 2, 1993 election by mail, and WHEREAS, the Jurisdiction agrees to conduct a coordinated mail ballot election coordinated by the County Clerk, and WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C .C . P.. 1505-1 55 5 . 1.4 and 5. 2 . 1 has agreed 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 SS 1-7- 116 , 22-31-103, and 29-1-203,, et seq. , C. R. S . NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows : 1 . The Jurisdiction encompasses territory within Weld and N/A County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2 . Term of Agreement ' a. This Agreement is intended only to deal with the conduct of the November 2, 1993 election. 3. The Jurisdiction agrees to perform the following tasks and activities : 1 eype X70 vow-? a. Receive initiated petitions for local ballot issues where authorized by law, pursuant to S 1-40-109 (2) , C.R. S . b. Check signatures on initiated petitions and determine and issue, where appropriate, a statement of sufficiency, pursuant to S 1-40-118( 1) , C.R.S. c . Defend against protests filed with the District Court, pursuant to § 1-40-118 , C .R.S. d. Issue call for nominations for non-partisan elections, where applicable, pursuant to S 1-5-204 , C .R. S . , and 8 C.C.R. 1505-1 § 5 . 5 . 1 . e . Provide approved candidate nominating petitions, pursuant to S 1-4-903 C .R.B . together with instructions to petition circulators . f . Receive candidate acceptance of nominations in writing, pursuant to S 1-4-906 , C. R. S . g. Accept for filing notice of intention, petitions for nomination, and affidavit of circulator, pursuant to SS 1-4-804( 1) , 1-4-907 , and 22-31-107 , C.R. S . h. Verify signatures on nominating petitions and hear any protests of the nominating petitions within five days after the petitions are filed, pursuant to SS 1-4-501( 1) , 1-4-908( 1 ) (3) , and 1-4-909 , C.R.S . i. Establish order of names and questions for Jurisdiction' s portion of the ballot, pursuant to SS 1-5-406 and 1-5-407, C.R. S . , and 8 C.C.R. 1505-1 SS 5 . 4 . 2 and 5 . 4 . 3 . j . Certify ballot content, including a list of candidates, ballot title, and text, to County Clerk at least 55 days prior to election, pursuant to S 1-1-110 ( 3 ) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5 .4 . 2 . i k. Prepare for publication and timely provide to the County Clerk text of notices or calls of election of candidates or of measures and advise County Clerk of number and place of any publication required, if any, pursuant to 8 C.'C.R. 1505-1 S 5 .5 and the Jurisdiction' s requirements . 1 . Accept written comments for and against ballot issues pursuant to C.R. S . S 1-40-125(2) (e) and 8 C.C.R. 1505-1 § 5 .4 . 4 .2 and provide a copy of comments filed in support with respect to Article 2 9'0913 X, Section 20 of the Colorado Constitution ballot issues to the proponents pursuant to 8 C.C.R. 1505- 1 S 5 ,4 . 4 . 3, no later than the Friday prior to the 30 days prior to the election. Accept summaries of comments filed in support at least 28 days prior to the election by 3 p.m. from the proponents pursuant to 8 G.C. R. 1505-1 S 5 . 4 . 4 . 5 . Prepare a summary of comments in opposition and submit both summaries to the County Clerk by close of business 25 days prior to the election, pursuant to 8 C.C.R. 1505-1 SS 5 .4 . 4 . 6 and 5 . 4 .4 . 7 and S 1-7-116 (4 ) . m. Accept affidavits of intent to be write-in candidate up to 26 days prior to the election and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S . S 1-4-1102 . n. Prepare Article X, Section 20, Colorado Constitu- tion notices and submit them to the County Clerk at least 25 days prior to the election. Prepare text, identify number and place for publication of measures and/or notice of election, if required, and advise County Clerk pursuant to C.R. S . S 1-40- 124 and 8 C .C . R. 1505-1 S 5 . 6 . 1 . o. Pay the sum of $ .25 per registered elector eligible to vote in the Jurisdiction' s election as of the final date of registration prior to the November 2 , 1993 election, with a $200 minimum, plus any additional costs pursuant to 8 C .C.R. 1505-1 S 5.4 .2 . 2, within 30 days of billing, regardless of whether or not the election is actually held . p. 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. r. Approval of this Agreement shall constitute approval of the mail ballot plan attached as Exhibit "A" . s . By approval of this Agreement, any municipality is resolving not to use the provisions of the Municipal Election Code . 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 3 9,30913 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 pursuant to 8 C.C.R. 1505-1 S 5 . 2 . b. Obtain approval of the mail ballot plan Exhibit "A" from the secretary of State including all participating Jurisdictions, pursuant to 8 C.C.R. 1505-1 S 10 . 1 . 4 . c. Circulate Article X, Section 20 of the Colorado Constitution notice as needed by insertion in the mail ballot pursuant to § 1-40-125(2 ) , C.R. S. and 8 C.C . R. 1505-1 S 5 . 6 . 1 . 1 . and arrange for publica- tion as directed by the Jurisdiction, pursuant to paragraph 3 ( 1 ) and (n) of this Agreement. d. Mail ballot packets pursuant to § 1-7 . 5-107 ( 3) (a) and 8 C.C . R. 1505-1 § 10 . 7 between 25 and 15 days prior to the date of election and provide replace- ment ballots, pursuant to S 1-7 .5-107(c) and (d) , C.R. S . , and 8 C.C.R. 1505-1 SS 10 . 10 . 1 (b) , 10. 11, and 10 . 13, as appropriate. e. Provide absentee ballots, pursuant to § 1-7 .5-108, C. R.S. , and 8 C.C .R. 1505-1 SS 10 .8 and 11, as appropriate. f . Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration and bill Jurisdiction at the rate of $ . 25 per registered elector, with a $200 minimum, for the services pursuant to this Agreement. g. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. h. Appoint and train election judges; to the extent required or allowed by law, the jurisdiction delegates that right and authority to the Clerk. i. Designate the Weld County Clerk and Recorder' s Office, 1402 North 17th Avenue, Greeley, Colorado 80631 , as the single site for absentee voting, mail ballot return and replacement ballot application and return. j . 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 4 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 In the event that any provision in this Agreement conflicts with the Code or any other statute or valid prior resolution duly adopted by the Jurisdiction, this Agreement shall be modified to conform to such law or resolution, but no subsequent resolution of the Jurisdiction nor of the County shall impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to this Agreement. c. Liquidated Damages Provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall , as liquidated damages, not as a penalty, refund all payments made, pursuant to paragraph 3-a 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 a 5 9 30913 H I_I _. 2t 1 4 . 0 1 G'H 7 c . _ I 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: 353-3840, Extension 3100, fax number: 353-1964 , address: P .O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone; 303-737-2403 fax: 303-737-2516 , address : P. 0. Box 157, Gilcrest, CO 80623 g. General Conduct of the Election Except as expressly set forth in this Agreement, the jurisdiction and the County Clerk shall each perform their respective duties for the conduct of the election as set forth and required by the Code and other applicable laws and regulations . The jurisdiction and the County Clerk intend to work together cooperatively for the conduct of the election. In the event any uncertainties or disputes arise relating to the conduct of this election, the Designated Election Official from the School District and the County Clerk Official shall meet and attempt to informally resolve the uncertainty or dispute. It is the general intent of the parties that the County Clerk shall conduct the election and the jurisdiction shall supply the County with all information needed by the County Clerk for that part of the Coordinated Election related to the jurisdiction. (THE REMAINING PORTION OF THIS PAGE LEFT BLANK INTENTIONALLY) 6 DATED this So day of 05 ]" , 1993 . WELD COUNTY CLERK & RECORDER BOAR OF COUNTY COMMISSIONERS /n� OF THE COUNTY OF WELD luAae�M SanceL. Haret, chairrnafl y ar ` n Feuerstein APPROVED AS TO FORM: ATTEST: r 14 ��4 �� 1,17 Clerk to the Board of County Commissioners—17 7(1/ „4---O.----e- Cou y Atto nr ey 1� � - Deputy � the Board ---- ' U r . tc Ju� s c ign/ ry� a ,(f„ W i ATTEST: / Attorney for Jurisdiction elect fib.db 7 930913 Hello