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Home My WebLink About992300.tiff WELD CO. CLK & REC 1999SEP - I Aft IQ: 5$ • 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TRI-AREA AMBULANCEDISTRICT,hereinafter referred to as"Jurisdiction",doeshereby 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, hereinyfter referred to as "County Clerk", concerning the administration of the November 2, 1999 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 2, 1999, 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 C.R.S.§ 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and no ocher 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 2, 1999 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 C.R.S.§ § 31-11-101 through 117 992300 -4-2 C2.Oa I (o and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators;verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, • Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965. Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates,ballot title,and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to §§ 1-1-110(3)and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the informationregarding 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 C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205(1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction'selection as of the final date of registration prior to the November 2, 1.999 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 C.R.S. 1-10-201(4) 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 4 ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309,1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S.§ 1-5- 205. 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¶3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and • ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations,the statutes shall first prevail,then this agreement and lastly the Colorado Regulations. 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. 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: (9701353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80642; and the Jurisdiction notice shall be given to the Jurisdiction at phone:303-833-4824 fax: 303-833-3772 address: 204 Oak Street, P.O. Box 708, Frederick, Colorado., 80530 Page 5 of 6 DATED this j 3tl- day of 7}ernbe r ' , 1999. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD uki"Tsukamoto -" Dale K. Hall,Chairman (pq-13-x) APPROV7 A91.O FORM: ATTEST: Aszeiiii $ ELa � Clerk to the Board of County Co t4CP:t 1--6-- z7. Cps ty Attorney Deputy Clerk to the Board (Jurisdiction) TRI-AREA AMBULANCE DISTRICT (Title) ' ' APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction Robert G. Cole Collins and Cockrel, P.C. M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6 ** TOTAL PAGE.014 ** WELD CO. CLK & REC COLLINS AND COCKREJ4 P.C. AM Al- S8 PAUL R.COCKREL VTELEPHONE ATTORNEYS AT LAW JAMES P.COLLINS 303-988-7551 390 UNION BOULEVARD,SUITE 400 ROBERT G.COLE PAUL C.RUFIEN DENVER,COLORADO 80228-1556 WATS TIMOTHY J.FLYNN 800-354-5941 DEREK G.PASSARELLI TELEFAX 303-986-1755 E-MAIL CandC PC@aol.com August 30 , 1999 Ms . Kathy Seiler Weld County Election Supervisor Weld County Clerk and Recorder P. O. Box 459 Greeley, Colorado 80632 Re : Tri-Area Ambulance District -- November 2 , 1999 Election Dear Kathy: Enclosed is the Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections which has been executed on behalf of the Tri-Area Ambulance District . Once it has been fully executed on behalf of the County, please provide this office with a fully executed copy. Thank you for your assistance in this election. Sincerely, CO LI S COCKREL, P.C. Micki L. Wadhams Paralegal Enclosure cc : Mrs . Judy Lay WELD CO. CLK & REC 1999 AUG 31 AN 9: 55 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections PAWNEE 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 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 Page 1 of 6 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-]25(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906O)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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¶ 3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdictionto 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 Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to if 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)353-3840 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 5 of 6 DATED this /Pk- day of , 1999. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD - J.A. "Suki" Tsukai'noto Dale K. Frail, Chairman (09-/3-9y APPROVED AS TO/'FORM: ATTEST: #� , E L� Clerk to the ar o County y; • ' - ' '� Cot_niftyAitorney Deputy Clerk to the Board (Jurisdiction) t !/La jut, PAtletjdru Ecdtett (Title) 201 q�n.�.�< nKD 4c APPROVED AS TO FORM U�t ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\99OOORDI\99ELECM.LDM Page 6 of 6 WELD CO. CLK 8 REC ►999SEP - I X1205 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections SCHOOL DISTRICT RE-11 J,hereinafterreferred 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 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Logan County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1),§ 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election,pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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 113g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. 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. £ 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 jurisdictionto 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 Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdictionwas 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)353-3840 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)437-5351 fax: (970)437-5732 address: 42315 WCR 133, New Raymer, CO 80742 Page 5 of 6 DATED this 31st day of August , 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD A. Suki" Ts Tsuk of Dale . Hall, Chairman (09- 13- 99) APPROVED AS TO 'ORM: ATTEST: Lek,' E Clerk to the Board of County C �t� �.� ��QCg County Morney Deputy Clerk to the Board J (Jurisdiction) an. (Title) Superintendent APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6 WELD CO. CLK & REC 1999 AUG ?499Uie91 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections ST VRAIN VALLEY RE-1J SCHOOL DISTRICT, hereinafter referred to as "Jurisdiction", does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk",concerning the administration of the November 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Boulder and Larimer County(ies). This Agreement shalt 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 2, 1999 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 C.R.S. § § 31-11-101 through 117 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election,pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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 ¶ 3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to 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 he 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)353-3840 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)682-7203fax: (303)682-7343 address: 395 South Pratt Parkway Longmont, CO 80501 Page 5 of 6 DATED this 25th day of August 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. ` Suki" Tsukamoto Da . all, Chairman (( /3-en APPROVED AS TO FORM: ATTEST: La Clerk to the Board of Count ''m - ` � County n Coen Aij6igey Deputy Clerk to the Board d Ar: ST. VRAIN VA Y S H DISTRICT RE-1J (Jurisdiction) Kennet . Kirkland (Title)Assistant Superintendent APPROVED AS TO FORM for Auxiliary Services ATTEST: ea (Title) y, Attorney or Jur. i ion C� M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF WINDSOR, 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 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq.; C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and Larimer County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 Page 1 of 6 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, . Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906O)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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¶ 3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. 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 j udges 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 jurisdictionto 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 Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail,then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to ¶ 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)353-3840. 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: 970-686-7476 fax: 970-686-7180 address: 301 Walnut Street, Windsor, CO 80550 - Cathy Kennedy, Town Clerk Page 5 of 6 DATED this I3 - day of __________ , 1999. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD __` ll .A. " u i" Tsukamo o Dale K. Hall, Chairman ( -45-99) APPROVE AS Tp FORM: ATTEST: /f I / A,V� �l+≥,\ LW ` �t►v Clerk to the Board of County C 67 W Cotytorney Deputy Clerk to the Board =u NI 7 (Jurisdiction) l ,(l ;) ^ / I ) /• L� (Title) /0 -lsa-4O7" APPROVED AS TO FORM ATTEST: (Title) earit'iltLitzly 4Whie/%'/<— orney for urisdi n Np.F.. . O ?? '. moo.• .. .o coRPORATc<•9 SEAL (FQF COLD' M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF GROVER, 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 2, 1999 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgatedthereunder, 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 2, 1999, 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"coordinatedelection official"pursuant to C.R.S. § 1-7- 116(2)and is to perform certain election services in considerationof performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§I-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 Page 1 of 6 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5=208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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¶ 3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made,pursuant to ¶ 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)353-3840 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 5 of 6 DATED this I3jt3. day of to fTI-amb¢r- , 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. `Suki"Tsuk .oto Dale K. Hall, Chairman (A-13-9a) APPROVED AS TO FORM: ATTEST: LeAW EI Clerk to the Board of County 1m . r „.� =` 861 O 1/49 sue: • . w•_ �, '�� Cou Attorney Deputy Clerk to the Board (Jurisdiction) o (Title) ( xl)n APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6 WELD CO. CLK & REC 1999 AUG 31 ICI 2: 00 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF FREDERICK, hereinafter referred to as "Jurisdiction", does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk", concerning the administration of the November 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 Page 1 of 6 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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¶3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail,then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to 113 h of this Agreement and shall, if requested by the Jurisdiction, conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No portion ofthis Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the parties and no amendment may be made except in writing approved by the parties. f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840 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: 3O3- 11%ã fax: 3O3 X333 38 i address: ToL>n cf Erfasv Lk, e.0, ho,1/4 N35 rrec r;c.« Cv 50. O • Page 5 of 6 DATED this 13 `' day of SO4-42n,ber- , 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD " N ‘liairOare J.A. "Suki"Tsukamota>>---- Dale K. Hall, Chairman (09-13-49) APPROVED AS T2( FORM: ATTEST: /f J / / ` �t �a r .:. . Clerk to the Board of County IlBGt Co Attorney Deputy Clerk to the Board ® UI (Jurisdiction) (Title) Mil Yo a APPROVED AS TO FORM ATTEST: � (Title)L.5,',1,/u/ 074i' -7(4)2, CLL.. Attorney for Jurisdiction f ' M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6 WELD CO. CLK & REC 1999 SEP - I PM 4: 34 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF ERIE, 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 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 Page 1 of 6 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election,pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906O)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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 ¶ 3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to ¶ 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 he 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)353-3840 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 5 of 6 DATED this /314` day of St pfei„ber-- , 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD �uki" Tsukam to Dale K. Hall, Chairman (09-13-41 APPROVED AS Ti FORM: ATTEST: illjems Clerk to the Board of County C a • o County ttorney Deputy Clerk to the Board `( 4. (i (Jurisdiction) ilk I- y (Title) „ APPROVED AS TO FORM ATTEST: (Title) _ Attorney for Jurisdiction M:\KSEILER\99COORDI\99ELECM.LDM Page 6 Of 6 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections CITY OF DACONO,hereinafter referred to as"Jurisdiction",does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk", concerning the administration of the November 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election,pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906O)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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'13g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to IT 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)353-3840 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 p3 g 33a3i7 fax: '�_� $3)-E K address: Cos51a e. rbepfi.I8(ol Tle.inr go 5►`I Page 5 of 6 (.RI I•PI HIS 'I.AAoI'!( & I.I OACOW 4J 002 -__ i DATED this /.3 IC day of S.2rfin,ber , 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD .A. "Saki" Tsukamoto — Dale K. Hall; Chapman (09-13-44) APPROVED AS Tt.-I.FORM: ATTEST: I I ¢ Ei Clerk to the Board of Coun j o r =` Couri'y"At mey Deputy Clerk to the Board (Jurisdiction)_C4_,4 _ J ` (Title) (7 -2I-ie� �� 2yo APPROVED ii.S TO FORM All EST: BNB P� (Title)_ ` Ut?R Attorney for Jurisdiction ""<1/4.0"'< • .qO.... // : {r i SEAL i o mf ,,4C2ii�OR ��, M:AKSEILER\99CQORMV99ELECM.LDM Page 6 of 6 WELD CO. CLK & REC 1999 SEP -2 P11 3: 54 1999 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections WELD RE-1 SCHOOL DISTRICT, hereinafter referred to as "Jurisdiction", does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk", concerning the administration of the November 2, 1999 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 2, 1999, 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 C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County and (1� f A County(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 2, 1999 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 C.R.S. § § 31-11-101 through 117 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the information regarding the walk-in location address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) 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 C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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 C.R.S. § 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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 113g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. d. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration, identify the members of the Board of Canvassers eligible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction and the County Clerk. f. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of Canvassers to canvass the votes;provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes,and shall certify the results in the time and manner provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and manner required by the Code. 5. General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations,the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages,not as a penalty, refund all payments made, pursuant to ¶ 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)353-3840 Extension 3100, fax number: (9701353-1964, address: P.O. Box 459. Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:cmo-.73 7- ayc 3 fax: 'i 20 —73 7-2574 address: ? 0, ek, 15-7, 6/Lacs-, Co b-O Z 3 Page 5 of 6 � DATED this 1`S--r day of Js eTs,,,,igt;z___--, 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD .A. "Suki" TsukamotsC.L.-- fit'-"— Dale K. Hall, Chairman (OR-13-%I) APPROVE AS-TIP FORM: ATTEST: LW kg Clerk to the Board of County C' EL •. a .)64;t__ ,�U k Cunt tto y s Deputy Clerk to the Board S��Th eCt (Jurisdiction)jvcct Co, Saw 9ts7,, iti-I (Title)____ 76.,os.--r APPROVED AS TO FORM ATTEST: (Title) Attorney-for Jurisdiction M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections CITY OF BRIGHTON, hereinafter referred to as "Jurisdiction", does hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk", concerning the administration of the November 2, 1999 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 2, 1999, 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"coordinatedelection official"pursuant to C.R.S.§ 1-7- 116(2)and is to perform certain election services in considerationof 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: • 4 1. The Jurisdiction encompasses territory within Weld County and l DR-IThS 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 2, 1999 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 C.R.S. § § 31-11-101 through 117 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility, receive candidate acceptance of nominations; accept notice of intent,petitions for nomination,and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the informationregarding 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 C.R.S. §§ 1-7-901 and I-40-125(2)(e). 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 August 30, 1999 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. 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 C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 Page 2 of 6 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 2, 1999 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 C.R.S. 1-10-201(4) when the Jurisdiction designates persons for the Board of Canvassers pursuant to 1 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 he responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 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. The designated Election Officer is the tg— City Clerk. 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 C.R.S. §` 1-5-208 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 C.R.S. 1-5-208(5). 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 Page 3 of 6 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 C.R.S. § 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5- 205. 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 ¶ 3g herein . c. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and ending October 29, 1999. 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. £ 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 Page 4 of 6 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 irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision -In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages.not as a penalty, refund all payments made, pursuant to ¶ 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)353-3840 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:303-655-2012 fax: 303-655-2158 address: City of Brighton, 22 S. 4th Ave., Brighton, CO 80601. Page 5 of 6 DATED this )1 day of '9 , 1999. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD M ` _ '7.A. Suki" Tsukamot Dale K. Hall, Chairman ( - /3-R9) APPROVED_ASTO FORM: ATTEST:11/M Ella / Clerk to the Board of County ; . s1/42 I� Coui the JL� ''� ►►�• Deputy Clerk to the Board (Jurisdiction) CYL (Tits i�,,Lcd // , APPROVED AS TO FORM tti,it,c A1 VEST: N.Aik. \Jik) (Title) Attorney or Jurisdiction �iJw7n. d �'�`---- M:\KSEILER\99C00RDI\99ELECM.LDM Page 6 0f 6 Hello