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Home My WebLink About20242320.tiffRESOLUTION RE: APPROVE THREE (3) MEMORANDUMS OF INTERGOVERNMENTAL AGREEMENTS FOR CONDUCT OF COORDINATED ELECTIONS BETWEEN WELD COUNTY CLERK AND RECORDER'S OFFICE AND VARIOUS SPECIAL DISTRICTS, AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Three (3) Memorandums of Intergovernmental Agreements for Conduct of Coordinated Elections between the Weld County Clerk and Recorder's Office and various special districts as shown below, commencing and ending November 5, 2024, with further terms and conditions being stated in said agreements, and 1. Ault Fire Protection District 2. Carbon Valley Park and Recreation District 3. Saint Vrain and Left Hand Water Conservancy District WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Three (3) Memorandums of Intergovernmental Agreements for Conduct of Coordinated Elections between the Weld County Clerk and Recorder's Office and various special districts, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. cc: G R(cK/RS/AG) °9/II/2y 2024-2320 CR0035 THREE (3) MEMORANDUMS OF INTERGOVERNMENTAL AGREEMENTS FOR CONDUCT OF COORDINATED ELECTIONS BETWEEN WELD COUNTY CLERK AND RECORDER'S OFFICE AND VARIOUS SPECIAL DISTRICTS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTYORADO ATTEST:` .. r A J Gl .1 1,4;4 Weld County Clerk to the Board 01. U)c. to; c)c, Deputy Clerk to the Board AP"an DAS my Date of signature: q /lbjU4 Kevin D. Ross, Chair James i Saine 4‘;'''' 25-44‘‘. 2024-2320 CR0035 Memorandum of Intergovernmental Areement For Conduct of Coordinated E e ions Ault Fire Protection District, hereinafter referred to as "Jurisdiccio ," 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, heireinafter referred to as "County Clerk," concerning the administration of the November 5, 2024, General 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, and Title 2, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an elec,tion pursuant to its statutory authority or to have certain items placed on the ballot at an election ptlrs ant to its statutory authority, such election to occur via mail ballot on November 5, 2024; and WHEREAS, the Jurisdiction agrees to conduct a Coor natal 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, C.R.S., and is to perform certain election services in cbnsideration of performances by the Jurisdiction of the obligations herein below set forth; and WHEREAS, such agreements are authorized by statute at C.R,S. §§ 1-1-111(3), 1-7-116, and 29-1-203, et seq. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction is special district which encompasdesiterritory within Weld County and 11A County. Pi 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 5, 2024, General Election. s I 3. The Jurisdiction agrees to perform the following tasks and "activities: i a a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set` forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiotiok'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 60 days before the election, pursuant to C.R.S. §1-5-203(3)(a). The ,lur-isdiction must provide a Spanish (US) translation of the ballot title and text for the County to provide a Spanish language sample ballot and a Spanish language in -person lioallbt pursuant to § 1-5-906 and 1-5- 907, C.R.S. The translation services selected by tl(e Jurisdiction must be screened and tested for proficiency in both written English and Spanish with affiliation or accreditation by a nationally recognized association of translators or have credentials or certifications that are comparable to or exceed the standards ilised by a nationally recognized association of translators, and must produce transliations that are linguistically accurate, culturally appropriate, and technically consistent with the original documents. The 1 of 6 2024-2320 -'U) Memorandum of Intergovernmental Agreement For Conduct of Coordinated ections County Clerk will require the certification of translation be turned in with the ballot content. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901, C.R.S., and Colorado Constitution Article 10, Section 2Q(31(b)(v). Comments to be accepted must be filed by noon on the Friday before the 455 day before the election. Preparation of summaries of written comments shall be done byte Jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full extof any required ballot issue notices must be transmitted to and received by the County Clerk no later than 43 days prior to the election pursuant to § 1-7-904, C.R.S. No portion pf this Subsection 3(c) shall require the County Clerk to prepare summaries regardin4 thr Jurisdiction's ballot issues. d. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Article 10, Section 20(3)(b), the Taxptayer's Bill of Rights. Such information must be received by the County Clerk no less than 43 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside out of Weld County pursuant to Colorado Constitution Article 10, Section 20(3)(b), the Taxpayer's Bill of Rights. e. Pay the sum of $1.25 per registered elector eligib eta vote in the Jurisdiction's election as of November 5, 2024, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article 10, the Taxpayer's Bill of Rights, 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 under this Subsection 3(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107 or 1-11-215, C.R.S., except for costs collected from ,an 'Interested party" pursuant to § 1- 10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official' who shall act s 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 urisdiction hereunder. g. Mail ballot issue 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. h. Carry out all action necessary for cancellation of en election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by tie County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. In order to ensure property owners are accurately represented in special district elections, Weld County will provide Jurisdiction wit(1 Oist of registered UOCAVA voters. Jurisdiction shall compare said list of registered UnCAVA voters with the district's list of property owners and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 20th. Jurisdiction must provide the voter's ID number on the list of property owners returned to Weld County. Weld County will mail such UOCAVA property owner(s) a ballot by September 23rd. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elecions In order to ensure that property owners are accurately represented in special district elections, Weld County will provide Jurisdiction w'th list of the voters registered within the special district. Jurisdiction shall compare aid�list of registered voters with the district's list of property owners and provide Wel County with a list of property owners that are eligible to vote within the special district b t v±+ho are not registered voters within the special district by September 27th. Jurisdiction must provide the voter's ID number on the list of property owners returned to Weld County. Weld County will mail such property owner(s) a ballot by October 16th. Weld County will charge the $1.25 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). k. Jurisdiction shall verify as being accurate the fist of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Weld County's contact fisted below of any changes to the information contained in said fist. By September 8th, Jurisdiction shall notify all candidates to call the Election Office at 970-400-3109 to leave a voice mail on how to pronounce the candidate's name for the audio ballot. r 4. The County Clerk Agrees to perform the following task$ and activities: Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election fob the Jurisdiction for all matters in the Code which require action by the Coordinated Electidn Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article 10, Section 20 to only those active eligible electors residing within the special district. Jurisdiction shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside out of Weld gounty. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. d. Designate the statutory required number of drop boxes during the election cycle. Designate not less than the statutory requirement of voter service and polling centers for early voting and election day. e. After Election Day, bill Jurisdiction for number Of registered electors within the Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible for receiving a fee; and bill the Jurisdiction for the fee's. f. Designate an employee of the Weld County C erl and Recorder's Office, Election Division to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. 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. 3 of 6 Memorandum of Intergovernmenta Agreement For Conduct of Coordinated E ections h. 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 appoin 9e of its members and an eligible elector to assist, it shall make such appointmentsi, and shall notify the County Clerk in writing of such 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. The gouty ty Clerk shall perform all recounts required by the Code. 5. Additional Provisions a. Time of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Right of Termination. If Jurisdiction fails to accomplish its obligation4, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. c. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, tights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. d. No Third -Party Beneficiary Enforcement • It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating tto uch enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. e. Entire Agreement, Modification, Waiver of Breach This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter 4 of 6 Memorandum of Intergovernmenta Areement For Conduct of Coordinated E actions of this transaction, whether oral or written. No, modification, amendment, novation, .renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoeiieri, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, nless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or .dxcuse for any other, or subsequent, breach. f. Notice provided for in this Agreement shall be give by the Jurisdiction to the primary liaison designated according to section 4.f. abovei Rudy Santos Phone: (970) 400-3059 Fax: (970) 304-6566 Email: rsantos@weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be giverl for the Jurisdiction election official referred to in 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: X Ai Phone: g7O -GC11- Z After hour phone number: ©j -o - (05.1 Additional Contact Information: Fax: G77b -gs41- 636 E-mail: tai .t^t 44$6 a nns rt .C6,31 r Address: 52fo alapLe., Avi..2) n 1 C.G fOC, 15 . [REST OF PAGE INTENTIONALLY LEFT BLANK] 5 of 6 Memorandum of Intergovernmenta, Agreement For Conduct of Coordinated Elections DATED this GI day of , 2024. WELD COUNTY CLERK AND RECORDER Carly Koppel, Cland APPROVED AS TO FORM: Naar' CvnA...t4 County Attorney Ault Fire Protection District APPROVED AS TO FORM: )-vt,d,titite3_ -U4 Attorney for Jurisdiction (signature) BOARD OF COUNTY COMMISSIONERS OF THE COU UNTY RD., Chair SEP Q 4 T:11d• th Board of County Commissioners ep ty Clerk ATTEST: Ofilan Designated Election Official for Jurisdiction (Signature) . 6 of 6 20v -1-Z 3 ZO - 10) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Carbon Valley Park and Recreation 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 5, 2024, General 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, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 5, 2024; 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, C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth; and WHEREAS, such agreements are authorized by statute at C.R.S. §§ 1-1-111(3), 1-7-116, and 29-1-203, et seq. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction is a special district which encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement This Agreement is intended only to deal with the conduct of the November 5, 2024, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions 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 60 days before the election, pursuant to C.R.S. §1-5-203(3)(a)_ The Jurisdiction must provide a Spanish (US) translation of the ballot title and text for the County to provide a Spanish language sample ballot and a Spanish language in -person ballot pursuant to § 1-5-906 and 1-5- 907, C.R.S. The translation services selected by the Jurisdiction must be screened and tested for proficiency in both written English and Spanish with affiliation or accreditation by a nationally recognized association of translators or have credentials or certifications that are comparable to or exceed the standards used by a nationally recognized association of translators, and must produce translations that are linguistically accurate, culturally appropriate, and technically consistent with the original documents. The 1 of 6 a2abi-a3ao 1) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections County Clerk will require the certification of translation be turned in with the ballot content. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901, C.R.S., and Colorado Constitution Article 10, Section 20(3)(b)(v). Comments to be accepted must be filed by noon on the Friday before the 455 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(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 43 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Subsection 3(c) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. d. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Article 10, Section 20(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 43 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside out of Weld County pursuant to Colorado Constitution Article 10, Section 20(3)(b), the Taxpayer's Bill of Rights. e. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 5, 2024, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article 10, the Taxpayer's Bill of Rights, 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 under this Subsection 3(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107 or 1-11-215, C.R.S., except for costs collected from an "interested party" pursuant to § 1- 10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" 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. Mail ballot issue 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. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. g. In order to ensure property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of registered UOCAVA voters. Jurisdiction shall compare said list of registered UOCAVA voters with the district's list of property owners and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 20th. Jurisdiction must provide the voter's ID number on the list of property owners returned to Weld County. Weld County will mail such UOCAVA property owner(s) a ballot by September 23rd. 2 of 6 j. Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections In order to ensure that property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of the voters registered within the special district. Jurisdiction shall compare said list of registered voters with the district's list of property owners and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 27th. Jurisdiction must provide the voter's ID number on the list of property owners returned to Weld County. Weld County will mail such property owner(s) a ballot by October 16th. Weld County will charge the $1.25 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). k. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Weld County's contact listed below of any changes to the information contained in said list. By September 8th, Jurisdiction shall notify all candidates to call the Election Office at 970-400-3109 to leave a voice mail on how to pronounce the candidate's name for the audio ballot. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article 10, Section 20 to only those active eligible electors residing within the special district. Jurisdiction shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside out of Weld County. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. d. Designate the statutory required number of drop boxes during the election cycle. Designate not less than the statutory requirement of voter service and polling centers for early voting and election day. e. After Election Day, bill Jurisdiction for number of registered electors within the Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible for receiving a fee; and bill the Jurisdiction for the fees. f. Designate an employee of the Weld County Clerk and Recorder's Office, Election Division to act as a primary liaison or contact between the County Clerk and the Jurisdiction. g. 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. 3of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. 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 such appointments, and shall notify the County Clerk in writing of such 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. The County Clerk shall perform all recounts required by the Code. 5. Additional Provisions a. Time of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. c. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. d. No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. f. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Rudy Santos Phone: (970) 400-3059 Fax: (970) 304-6566 Email: rsantostOiweld.00v Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: Phone: 303-381-4960 After hour phone number: 303-601-6441 Additional Contact Information: Fax: E-mail: sblair@crsofcolorado.com Sue Blair Address: 7995 E. Prentice Ave., 103E Greenwood Village, CO 80111 [REST OF PAGE INTENTIONALLY LEFT BLANK] 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this 23 day of August , 2024. WELD COUNTY CLERK AND RECORDER Carly Koppes, CI and = rder APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF THE CO NTY D _ Ch it SEr 4 4 sr: a`(0C� to the Board of County Commissioners County Attorney "" '"' =� - D:puty Clerk to the Board Carbon Valley Park and Recreation District APPROVED AS TO FORM: ATTEST: -46 Attorney for Jurisdiction (signature) Designated Election Official for Jurisdiction lam, (Signature) 6 of 6 z)-z3ZO - Zu) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections St. Vrain & Left Hand Water Conservancy 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 5, 2024, General 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, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 5, 2024; 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, C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth; and WHEREAS, such agreements are authorized by statute at C.R.S. §§ 1-1-111(3), 1-7-116, and 29-1-203, et seq. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction is a special district which encompasses territory within Weld County and Boulder and Larimer County. This Agreement shad 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 5, 2024, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions 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 60 days before the election, pursuant to C.R.S. §1-5-203(3)(a). The Jurisdiction must provide a Spanish (US) translation of the ballot title and text for the County to provide a Spanish language sample ballot and a Spanish language in -person ballot pursuant to § 1-5-906 and 1-5- 907, C.R.S. The translation services selected by the Jurisdiction must be screened and tested for proficiency in both written English and Spanish with affiliation or accreditation by a nationally recognized association of translators or have credentials or certifications that are comparable to or exceed the standards used by a nationally recognized association of translators, and must produce translations that are linguistically accurate, culturally appropriate, and technically consistent with the original documents. The 1 of 6 02 023.20 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections County Clerk will require the certification of translation be turned in with the ballot content. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901, C.R.S., and Colorado Constitution Article 10, Section 20(3)(b)(v). Comments to be accepted must be filed by noon 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(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 43 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Subsection 3(c) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. d. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Article 10, Section 20(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 43 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside out of Weld County pursuant to Colorado Constitution Article 10, Section 20(3)(b), the Taxpayer's Bill of Rights. e. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 5, 2024, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article 10, the Taxpayer's Bill of Rights, 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 under this Subsection 3(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107 or 1-11-215, C.R.S., except for costs collected from an "interested party" pursuant to § 1- 10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" 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. g. Mail ballot issue 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. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. In order to ensure property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of registered UOCAVA voters. Jurisdiction shall compare said list of registered UOCAVA voters with the district's list of property owners and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 20th. Jurisdiction must provide the voter's ID number on the list of property owners returned to Weld County. Weld County will mail such UOCAVA property owner(s) a ballot by September 23rd. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections In order to ensure that property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of the voters registered within the special district. Jurisdiction shall compare said list of registered voters with the district's list of property owners and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 27th. Jurisdiction must provide the voter's ID number on the list of property owners returned to Weld County. Weld County will mail such property owner(s) a ballot by October 16th. Weld County will charge the $1.25 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). k. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Weld County's contact listed below of any changes to the information contained in said list. I. By September 8th, Jurisdiction shall notify all candidates to call the Election Office at 970-400-3109 to leave a voice mail on how to pronounce the candidate's name for the audio ballot. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article 10, Section 20 to only those active eligible electors residing within the special district. Jurisdiction shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside out of Weld County. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. d. Designate the statutory required number of drop boxes during the election cycle. Designate not less than the statutory requirement of voter service and polling centers for early voting and election day. e. After Election Day, bill Jurisdiction for number of registered electors within the Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible for receiving a fee; and bill the Jurisdiction for the fees. f. Designate an employee of the Weld County Clerk and Recorder's Office, Election Division to act as a primary liaison or contact between the County Clerk and the Jurisdiction. 9. 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. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. 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 such appointments, and shall notify the County Clerk in writing of such 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. The County Clerk shall perform all recounts required by the Code. 5. Additional Provisions a. Time of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. c. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. d. No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. e. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. f. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Rudy Santos Phone: (970) 400-3059 Fax: (970) 304-6566 Email: rsantosCcaweld.aov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: Sue Blair Phone: 303-381-4960 After hour phone number: 303-601-6441 Additional Contact Information: Fax: E-mail: sblair@crsofcolorado.com Address: 7995 E. Prentice Ave., Suite 103E Greenwood Village, CO 80111 [REST OF PAGE INTENTIONALLY LEFT BLANK] 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this cZPkday of WELD COUNTY CLERK AND RECORDER Carly Koppes, - rk an ecor APPROVED AS TO FORM: Noe G.A.14 County Attorney St. Vrain & Left Hand Water Conservancy District APPROVED AS TO FORM: Atto `ice `I I ey for Jurisdiction (Signature) , 2024. BOARD OF COUNTY COMMISSIONERS OF THE COON F f F WELDLOUNTY Kevin Ross, Chair SEP 0 4 2024 ' //7blerk to the Board of County Commissioners D `putt' C erk to the Board 0-O-0101 ATTEST: De6ignated Election Official for Jurisdiction (Signature) 6 of 6 2ozy-2320 - �3. CO SIX (6) MEMORANDUMS OF INTERGOVERNMENTAL AGREEMENTS FOR CONDUCT OF COORDINATED ELECTIONS BETWEEN WELD COUNTY CLERK AND RECORDER'S OFFICE AND VARIOUS SCHOOL DISTRICTS APPROVED AS TO SUBSTANCE: Department HeaElect bdbfficial APPROVED AS TO FORM: i11atUr (4,m.0 Assistant County Attorney Hello