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Home My WebLink About20232671.tiffMemorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Aims Community College, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11- 118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV. Parts Band 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 e3 G -- 2023-2671, 1 (I) ��'A9erc3-°- V/A3 JUL 1 0 20p e12oo3 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C.R.S. Comments to be accepted must be filed by noon on the Friday before the 45v 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64"' day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. h. 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 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. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article 10, Section 20. 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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 5 of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: aoonzales(aiweld.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 Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: �YY , ,. ter ova �, Phone: C�t�(�`r', i� 1 After hour phone number: LioS- Additional Contact Information: Fax: N l R E-mail: wr Jtv� G,t . J Address: P o • 6o;& 6'1 C�A,i at 3O63.. DATED this 101'. day of vi J WELD COUNTY CLERK AND RECORDER Carly Koppes, C 2023. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY and Recr. -r Mike Freeman, Chair APPROVED AS TO FORM: • County Attorney Aims Community College APPROVED AS TO FORM: Attorney for Jurisdiction (signature) ATTEST: Cle _ to the Board of Co eputy CI ATTEST: C4t)(Pr,:y3� Tc A Des natec Election Official for Jurisdiction (Sign re} SE 1 6 of 6 doa3-d4,1i. / �f� Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections North Metro Fire Rescue District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, G.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 Adams, Boulder, Broomfield and Jefferson County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordinated 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 I of 6 cD 9QM°- qAIz3 ozoo?3 - 46,74 a- (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 45"' 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 7, 2023, 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 fist 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 fist 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 Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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. 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 (see contact information in 5(h)). 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. 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. Additional Provisions 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: aoonzalesfiweld.nov 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: _Heather Brown Phone: _303-452-9910 After hour phone number: _303-358-9622 Additional Contact Information: Fax: _303-451-0289 E-mail: hbrown@northmetrofire.org Address: 101 Spader Way Broomfield, CO 80020 DATED this ___Z(1 day of 21 , 1-4), 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, CI nd Re APPROVED AS TO FORM: County Attorney North Metro Fire Rescue District APPROVED AS TO FORM: Attorney for Jurisdiction (signature) Mike Freeman, Chair E ATTEST: W -41Z44/0 Cle i* the Board of Cou ty Commissio 2 Deputy Cletot Boar ATTEST: Deputy Designated Election Official for Jurisdiction (Signature) 6 of 6 aoa3 - a1,7i. a 0) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Ault, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, 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 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 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. U0O,11•I'Nenjo„ ctA8/23 AUG c2ooZ0.0?17/, 3 (IP � C12-64-1 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). 9. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 i Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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 f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f, above; Adam Gonzales Phone_ (970) 400-3178 Fax: (970) 304-6566 Email; aoonzales@weld.gov Address' PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shaft be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: L� (l '1 ",f f Phone, g o b;1 _ 9C I After hour phone number. Q70 SO rol7(,� Additional Contact Information: Fax: Q70 g{3 4/9(3 �r E mail: 5rtafcl1I c'..,t( C ?/OfQd-J, r ctY Address; 0,701 JSt �cf 20 ZfJavlO>g //-; (b Az,1O DATED this a S'f day s WELD COUNTY CLERK AND RECORDER Carly Koppes, Ctrk and t cl3rder APPROVED AS TO FORM: County Attorney Town of Ault APPROVED AS TO FORM, Attorney fdr J€risi 2023. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Deputy Cte to th Boar ATTEST: Des fed Election Of cia tor �iurisdictio (Signature) ao,?& - 0247/ 5 fit) 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 7, 2023, 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, 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 7, 2023; 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, 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 encompasses territory within Weld County and Adams County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31- 11101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. Cone' Q/'`/Z3 .20,13 -DWI/. 17L (I) co-I- Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, with a $200 minimum, within 30 days of billing, regardless of whether or hat the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. 1• Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 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. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. 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 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. 5 of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales@weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Natalie Hoel Phone: 303-655-2056 After hour phone number: 720-289-5734 Additional Contact Information: Fax: E-mail:• nhoelbrightonco.gov Address: 500 South 45 Avenue. Brighton, CO 80601 DATED this day of 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS ;\ f� OF THE COUNTY OF WELD COUNTY Carly Koppes, Clet1F-alnd Rec APPROVED AS TO FORM: County Attorney City of Brighton APPROVED AS TO FORM: Attorney urisdiction (signature) ---- Mike Freeman, Chair S`1�?g4 �' ATTEST: J Cler the Board of Cou Commissioners 411 44\ ATTEST: Designated Election Official for Jurisdiction (SYgnature) 6 of 6 Z0.23 - to7/.4.(r) 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 7, 2023, 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, 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 7, 2023; 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, 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 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 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. 0,6nY-04- encus 02043-- aG7'. 6(0 JUL 1 3 2023 t of 6 Clezo3cl Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to G.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales{a?weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Valerie Taylor Phone: 303-833-2317 x123 After hour phone number: 303-775-3509 Additional Contact Information: Fax: 303-833-5528 E-mail: vtavlorlcitvofdacono.com Address: 512 Cherry Ave., Bldg A, Dacono, CO 80514 DATED this /l 'esday of a , 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, APPROVED AS TO FORM: rder County Attorney City of Dacono Adam Morehead, Mayor Mike Freeman, Chair S 2a23 ATTEST: ....n J 'eik Cler • the Board of Co my Commiss'• ers Deputy Cle ATTEST: Valerie Taylor City Clerk/De ated Election Official o - .167/. 6 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Eaton, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, 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 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 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. Cor5tn-1- da- AUG 1 8 2023 cY-6o3/-i Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a fist of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 4. The County Clerk Agrees to perform the following tasks and activities: 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales(c�weld.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 Subsection 3(h) of this Agreement by phone: 4t t1 Designated Election Official for Jurisdiction: rr 2IE< W lid Phone: 6110 •454, 3338 After hour phone number: eirtagb ,155-8 Additional Contact Information: Fax: 41'10,454, 33,3 E-mail: jeive,0 ' JoneO C}I't Address: S g Bork iS_ DATED this day of WELD COUNTY CLERK AND RECORDER Carly Koppes, C and Re` er APPROVED AS TO FORM: County Attorney Town of Eaton APPROVED AS TO FORM: Attorney for Jurisdiction (signature) , 2023. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Mike Freeman, Chair ATTEST: 401444) .. Cler. . the Board of Coun Election Official for Jurisdiction 6 of 6 col& ` ai7J. 6 6: 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 7, 2023, 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, 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 7, 2023; 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, 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: The Jurisdiction encompasses territory within Weld County and Boulder County County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. UTtn+-'Alend,ck. Au m2D,23-02G7i 16 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. f. 9. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. 1• Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales weld.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 Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Phone: 303-926-2731 After hour phone number: 303-435-8591 Additional Contact Information: Fax: E-mail: dstamp@erieco.gov Debbie Stamp Address: 645 Holbrook St. Erie, CO 80516 DATED this /0 day of , 2023. WELD COUNTY CLERK AND RECORDER C4..9 Carly Koppes, CI and Rer APPROVED AS TO FORM: County Attorney Town of Erie Attdrncy for Jurisdiction (signature) Justin Brooks, Mayor BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Mike Freeman, Chair ATTEST: W.47-4/.0 Clerk • the Board of Cou Deputy Cler ATTEST: ignature) y Commissioners Designated El g on' Official for Jrisdi Lion aD .23- 7e%) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections City of Evans, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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 G.R.S. §1-7- 116, 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 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 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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. and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. 00111Jo- RAW-13 AUG 1 6 20; a°a.3-aM/ ((i) Ci-:0c34 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to G.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 off Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of S Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales weld.ctov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: — Julie Kamka, City Clerk Phone: (970) 470-1104 After hour phone number: (970) 290-6192 Additional Contact Information: Fax: E-mail: jkamka@evanscolorado.gov or cityclerk@evanscolorado goy Address: 1100 37th Street, Evans, CO 80620 DATED this /11 day of 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, Cl and Rec er APPROVED AS TO FORM: ;?•ior/7 'rc,"A„ County Attorney City of Evans APPROVED AS TO FORM: Attorney for Jurisdiction (signature) Mike Freeman Chair szp ATTEST: -" �4:4444-) Cler o the Board of Co Deputy Cler / the Bo ATTEST: 2D2 Designated Election Official f6s,Jur'Isfiiction._ (Signature) F�g'�llllllll\11\1 6 of 6 aoaa-0267/,g0 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 7, 2023, 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, 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 7, 2023; 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, 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 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 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. eon�txrl- � 943123 CY-oo34-i Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. 1. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzaleslffiweld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: +t ala 1 ta Phone: 4ItY 2.55'' After hour phone number: IS f Additional Contact Information: Fax: E-mail to ..:Yc:4 . Address: akok. L otu A3 -S-- DATED this . //C'day of 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY QrcirY,R)-A-ab Cary oppes, rk and rder APPROVED AS TO FORM: County Attorney Town of Frederick APPROVED AS TO FORM: Mike Freeman, Chair EgATTEST: lank Clerk . the Board of Coun y Commissioners Deputy Cler.,/ o thBo ATTEST: 6 of 6 'oa3 - 2 ' 7/ 96) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections City of Fort Lupton, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, 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 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 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. Usylw14- Njuds- ►r ogoao , ,o6 Ca63`4 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. f. g. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: aoonzales@weld.rtov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Mari Ce/a. .21t Phone: 72.©-46 -616 After hour phone number: 3o3 726- 477 Additional Contact Information: Fax: 303 ?571- 0351 E-mail: n t ) 'rk 31.0041 p?77►'t.�'A .,q©'�I Address: I, S^ • MQ K n (e t2 " 4- Lu p- EDI& e go(,21 DATED this day of T , 2023. WELD COUNTY CLERK AND RECORDER Carly Koppes, C - and Reco APPROVED AS TO FORM: County Attorney City of Fort Lupton APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY 3t -A -f—, Mike Freeman, Chair SEP 1 8 2 23 ATTEST: Clerk : the Board of Count Deputy Clerk ATTEST: Des(,nated Election (Signature) urisdiction 81th 6 of 6 02007-3- ?(7/./v6) DocuSign Envelope ID: 1F9598D3-0DB5-4556-BC94-025A8AF26348 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections City of Greeley, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, 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: The Jurisdiction encompasses territory within Weld County and only Weld County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11-101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. CibriW+ awk- ai«iza .29,2.g-o2G7/. AUG 2 a soy og_p()34{ DocuSign Envelope ID: 1 F9598D3-0DB5-4556-BC94-025A8AF26348 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. f. 9. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 DocuSign Envelope ID: 1F9598D3-0DB5-4556-BC94-025A8AF26348 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. 1• Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 DocuSign Envelope ID: 1F9598D3-0DB5-4556-BC94-025A8AF26348 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 DocuSign Envelope ID: 1 F9598D3-0DB5-4556-BC94-025A8AF26348 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 DocuSign Envelope ID: 1F959003-0DB5-4556-BC94-025A8AF26348 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzaies(aaiweld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Heidi Leatherwood Phone: 970 350-9742 After hour phone number: 970 573-0116 Additional Contact Information: Fax: 970-350-9828 E-mail: heidi.leatherwood@greeleygov.com or cityclerk@greeleygov.com Address: 1000 10th Street, Greeley, Colorado 80631 fg7" DATED this ! day of , 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF TF(E COUNTY OF WELD COUNTY TaSQ, Mike Freeman, Chair WTI ATTEST: Cler, • the Board of Co my Commissioners Carly Koppes, clerk and corder APPROVED AS TO FORM: County Attorney City of Greeley APPROVED AS TO FORM: �^--DocuSigned by: °^—at5e �iura 431 Attorney for urlsd(ctlon (Signature) Deputy Cler ATTEST: ,-DocuSigned by: (kt I i (,utgt, iwoolk DatriVed4Etettion Official for Jurisdiction (Signature) 6 of 6 02002.3 - 026971,/16) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Lochbuie, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, 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 JJagree as follows: 1. The Jurisdiction encompasses territory within Weld County and .i County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. OGVACio- cl/q/i5 020.2-3- AG/1/. /02,G� AUG -i2023ext0,4 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. g. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. 1• Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. 9. 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 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. 5 of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzalesi )weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to In Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: f Pa fi Vi e V ISO IA' en Phone: 2)(A- r1©10 After hour phone number 1Q0G- G- 6910 -(92-(R Additional Contact Information: Fax: 30; - lQ Spa w 01 312 E-mail:190(,ve.41e. to0-71.2we. Address: 11? { O I Y1 k"-4 Lo c tO2 l- fi g' a (A01003 DATED this 2 C P day of t i t 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Car oppes, Clerk = R APPROVED AS TO FORM: County Attorney Town of Lochbuie APPROVED AS TfORM: Attorney for Jurisdictitn (signature} f ATTEST: Cle • the Board of County Commi _ loners Mike FreemanChair SO1 Q .�� ids/ • •dit'• &e.. ATTEST: oWA Designated Election Official for Jurisdiction (Signature) gip: I ve S ~` 1` 1 A t rni �I, arafor 02002.3 -0267/. iz Ct) 6 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections City of Longmont, a Colorado municipal corporation, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, 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 encompasses territory within Weld County and Boulder County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11-101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. Cion7P-1-140rdIA-- 9A8123 AUG 4,4.0,10 -81,7/• /3 (I) X634 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. 9. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. J• Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). I. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales(aiweld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Dawn Quintana Phone: _(303) 651-8649 After hour phone number: Additional Contact Information: Fax: N/A E-mail: _dawn.quintana@longmontcolorado.gov Address:' -350 Kimbark St., Longmont, CO 80501 DATED this ff day of , 2023. WELD COUNTY CLERK AND RECORDER QC),?-<\v&V) Carly Koppes, C k and ROOrder APPROVED AS TO FORM: #0,#4.717 County Attorney City of Longmont APPROVED AS TO FORM: Attorney for Jurisdiction (signature) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Mike Freeman, Chair S D 1_8,2023 L ATTEST: J.det�l�/ G:.Lo•,,C, Cler the Board of Co my Commissioners uty Cler th- Boa ATTEST: Designated Election Official for Jurisdiction (Signature) 6 of 6 ?oat -o2' 7/•/3�r� CITY OF LONGMONT: MAYOR ATTEST: 08/10/2023 CITY CLERK PROOFREAD CA File: 23-002439 6A DATE 08/04/2023 DATE IGA with Weld County for Coordinated Elections_FINAL_08/02/2023 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections City of Northglenn, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; 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, 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 encompasses territory within Weld County and Adams County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-1.1- 101 through 31-11-118. 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, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805. q�3 O1OO?3,?67/, 0-6) AUG 2 5 cutJ C rZCO3q Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections c. 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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 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 C.R.S. §1-7-903(3). 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 C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. f. 9. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, provide a list of valid affidavits received and forward them to the County Clerk pursuant to C.R.S. §1-4-1102(2). Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. §§1-10.5-107 or 1-11-215, except for costs collected from an "interested party" 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the recount. h. 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. i. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. Carry out all action 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). 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. 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 and the office the candidate is seeking. 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 X, Section 20. c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1), and publish and post notice, as directed in C.R.S. §1-5-205. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 (see contact information in 5(h)). 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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. g. 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: ;saonzalest weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Johanna Small, City Clerk Phone: 303-450-8757 After hour phone number: 303-594-6970 Additional Contact Information:' Fax: 303-450-8798 E-mail: jsmall@northglenn.org Address: 11701 Community Center Drive Northglenn, Colorado 80233 DATED this gril day of 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, k and order APPROVED AS TO FORM: County Attorney City of Northglenn APPROVED AS TO FORM: Attorne f J'u rsdi n (Signature) Mike Freeman, Chair C S 1 2a23,_ATTEST: LO. ' 8 2 v• LD,�C CI- o the Board of Co my Commissioners Deputy Cle CITY OF NORTHGLENN eredith Leighty, Mayor ATTEST: ted Election Official for Jurisdiction 6 of 6 o,aao-a G7/, /sO) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Weld County School District RE -1, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11- 118 and 22-30-104(4), C.R.S. b, To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 Convo4-Pwda qJlVZ3 .2o - 7/,/6 (I) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (US) translation of the ballot title and text for the bunty 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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C.R.S. 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. g Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 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. 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. 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. 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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Conflict of Agreement with taw, This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages, 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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 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. f. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzalesci7r weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Jeff Angus Phone: 970-350-4205 After hour phone number: 970-576-8496 Additional Contact Information: Fax: E-mail: angusi@wcsdrel.org wcsdrel.org Address: 14827 WCR 42. Gilcrest, CO 80623 DATED this 16th day of August , 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, C and Retorder APPROVED AS TO FORM: County Attorney Weld County School District RE -1 APPROVED AS TO FORM: Schooioard`President (sign. ike Freeman, Chair ATTEST: Clerk t• the Board of Cou ty Commissioners Deputy Clerk ATTEST: d El n Official for Jurisdiction De�sf (signal 6 of 6 oa3/5( Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Thompson School District R2 -J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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 and Boulder County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11- 118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 G0n'92,11-k f-)otrOsis gngi2a .20a3 - 021#1/16, 6) CYOic 34 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C.R.S. 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. h. 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. i. 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 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. 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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales@weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Laura Lee Ehlers Phone: 970.613.5013 After hour phone number: 806.341.5490 Additional Contact Information: Fax: E-mail: lauralee.ehlers@tsd.org Address: 800 S Taft Ave Loveland, CO 80537 DATED this 18 day of August , 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, CI n der APPROVED AS TO FORM: #04`vir: County Attorney Thompson School District R2 -J APPROVED AS TO FORM: Attorney for Jurisdiction (Signature) Mike Freeman, Chair Widr4/0El823� ATTEST: Clerk : the Board of Co ty Commi Deputy Cler jo th- Boar ATTEST: LG:Gli2.Cl. L (7122,2 Designated Election Official for Jurisdiction (Signature) 6 of 6 aoa,3- - <6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Weld County School District RE -4, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 Conwri-109,e,ndis 8123 02a4.3-,261/ / 7 Ci) u?o1-34 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C.R.S. 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64th day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. 9. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. h. 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. i. 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 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. 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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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 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. f. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales@weld.gov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Nicole Baich Phone: 970-686-8011 After hour phone number: 970-686-8011 Additional Contact Information: Fax: E-mail: nicole.baich@weldre4.org Address: 1020 Main St Windsor, CO 80550 DATED this 15 day of August , 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes,`Glerk and co der Mike Freeman, Chair SEP 1 8 223 APPROVED AS TO FORM: ATTEST: detr iNl v• ;ti County Attorney Weld County School District RE -4 APPROVED AS TO FORM: Attorney for Jurisdiction (Signature) Cler . the Board of County Commissioners eputy Cler ATTEST: Designated Election Official for Jurisdiction (Signature) 6 of 6 �oa3-x6,7'/76) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Weld County School District RE -5J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 ccnw+ Ardth". ao&1//8 6) C54 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (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 County Clerk will require the certification of translation be turned in with the ballot content. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901, G.R.S., and Colorado Constitution Article 10, Section 20(3)(b)(v), C.R.S. 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64 ' day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. 9- h. 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. J• 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 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. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), G.R.S. and publish and post notice, as directed in § 1-5-205, G.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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. '6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: aoonzales f.weld.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 Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Jessica Diagana Phone: 970-587-6125 After hour phone number: 970-402-0663 Additional Contact Information: Fax: E-mail: iessica.diagana(a�weldre5i.orq Address: 110 Centennial Drive, Milliken, CO 80543. DATED this /U day of , 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Mike Freeman, Chair �`SEP3 APPROVED AS TO FORM: ATTEST: C./.�G! •K Cle to the Board of County Co missioners Carly Koppes, CI and Recatotr� County Attorney Weld County School District RE -5J APPROVED AS TO FORM: Attorney for Jurisdiction (signature) Deputy C,-'rk to ATTEST: 'Oa ► ci:. CA), Designated Election Official Or Jurisdiction (Signature) 6 of 6 2oa3- aVe7/. /8`6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Weld County School District 6, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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 G.C.R. 1505-1. 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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 nla County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11- 118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 ,fc conMtn+'� cIA7s/ 23 AoZ,3 --26.7/ /9 (1) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C.R.S. Comments to be accepted must be filed by noon on the Friday before the 45. 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64. day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. h. 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. i. 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 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. 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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: agonzales@weld.cov Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Amy Lemon Phone: 970-348-6012 After hour phone number: 970-397-3924 Additional Contact Information: Fax: E-mail: alemon@greeleyschools.org Address: 1025 9th Ave, Greeley, CO 80631 DATED this 10th day of August , 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY y Koppes, rk and R el-e)r Carl Ko es e APPROVED AS TO FORM: County Attorney Weld County School District 6 APPROVED AS TO FORM: Attorney for Jurisdiction (signature) Mike Freeman, Chair g� ATTEST: �. Vtvnl .R� A1o' L Cler o the Board of C • my Co Deputy Cle ATTEST: Designated E 'on Official for Jurisdiction (Signature) 6 of 6 2o023 - 0217/. /96) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Weld County RE -8 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 7, 2023, 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, 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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 Pr-,Re._1 County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3, The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11- 118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; acceptnotice 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, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 1 of 6 Con* f 1A13/23 06- Q,a,3 , 7/.Oo 61) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C.R.S. 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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. f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64. day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. h. 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 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. 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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: „aoonzalesaweldMoV Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: I €k YA lee Sh't►`-1'17 Phone: (3o) 51- After hour phone number: 13v') In 8 3 -100-2 Additional Contact Information: Fax: (s'o3) Es-,- 331`1 E-mail: ctsn-i rs 61; tOx)aPr.oec Address: : O .: SO LO--% F .( ivy ( vt rut Co eoccal DATED this a a day of us ', 2023. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Kopp- , Clerk a ' Recorder APPROVED AS TO FORM: County Attorney Mike Freeman, Chair ATTEST: dardtvt/ Clerk tothe Board of Co ty Commissio(al-gf Deputy Cler,% o th B •� 1A Weld County RE -8 School District APPROVED AS TO FORM: ATTEST: Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction (Signature) 6 of 6 010,43- a° �)� Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Weld County School District RE -9, hereinafter referred to as "Jurisdiction," does hereby agree and -contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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, 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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 ti County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11- 118 and 22-30-104(4), C.R.S. 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, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S. c. 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 1 of 6 Cunt � qii g/z3 duA, aoa3-a4,-7rai G ) CY-0034 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections (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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C.R.S. Comments to be accepted must be filed by noon on the Friday before the 45"' 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. 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. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64Th day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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. h. 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. Carry out all action necessary for cancelation 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 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S.. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), 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 containing the candidate's name pronunciation and the office the candidate is seeking. 4. The County Clerk Agrees to perform the following tasks and activities: 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. 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. 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 (see contact information in 5(h)). 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. 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 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. 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 4of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections any claim or right of actionwhatsoever 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 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. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction- to the primary liaison designated -according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: afonzales weld.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 Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: LisA Phone: ci"1O-83`1-1vy5_ After hour phone number: g'7O- 97- `1O78 Additional Contact Information: Fax: 01 10 - $3y -13p] E-mail: L.TODDR, t olSa201 Address: 9,10 St Z5' (` 1790 R.U3C' Rfi eu DATED this 2 day of N./V./If 2023. WELD COUNTY CLERK AND RECORDER CaryKoppes, Cleric and Re`uo'rder APPROVED AS TO FORM: County Attorney Weld County School District RE -9 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Mike Freeman, Chairtit I. 31. ATTEST: ..ritiO0 v• Clerk • he Board of Coun Commissioners Deputy Clerk ) the a card ATTEST: Attorney for Jurisdiction (signture> t3exignated Election Official for Jurisdiction (Signature) 6 of 6 0?oa3- a/ ) } i0 r„ tr0duel Ill election pus5uant itstitalatury a ath uty it(ni at an elect. atta°.sa Ott u n at `Gs 11 s stci"a t` f tcrf,1023.and ataaa t a is{aFart aa3Yt Rewrite, rierein af'rr , 2023 Cixodmatorf Election gouge,. gum., to (hereinafter 'Ctra"), awl me noes aid C p 1 15 t This x' recoment is riotaddress m tra ddt rr auto nu, Coci ^t f °_t<<=p to occur §§tH aEAS, eV data ale R33 a art.' s t acting as the Coordinated eta?ataG a t gat, ' W' HEREAS, ttie County Clerk is Me Coordinated Election Official t .a .a° t="t t ' ` C.t S ends to tberfartra certain elea<l n ser°a"t t+s an consideration of taarfcar to .. e s by t -e , ,iris • c' , tr rat utati -c a ere r below set forth, and 1"m' tt tit' `4 ., writ agreement; are authorized by statute at §§- .»! !, _a 3. '1 e . ? i e; 10iitc2l, 22.31 ,01 3, and 29,203 M333 et seg., C.R S ' et.' THEREFORE, 'a arms derat gas of the mutual covenants herein, the parte% agree ss foiiogn?,; del to Cd ardaa #e': EleCtDtm cotta O t ,. Tt•••e ddiisdiction encompasses terntary at t~{n Weld County ana't Coutric This Agreement than be construed to apply only to that a tf = P 1c Cca,anttt, Term of Agreement This Agreement is evoac taaa .r 2023. Ccorcaancat Election. The J., st to cat apices to perform the follow:mg tasks and act .=,mss: Cod »''t ail tr" ct al no mutated of the clerk or dusigniated eiection onicia, '° € at. e s, refett.Za, cat"d� referred treasuresu under atsar provi§inn Gt yy' , .e..• 3 t..€ «!t ti' �,,.3g 110 eriat 22.3}}!-1tYt{.ta< y3*•b T. €,t.5 t:s: a i.,afa e"€ o;attat€ a by 1,?., ta)n, a?`:b :t £iQ5, t=;t.S', aact t€aa'ttt₹?d t€:: t OOO €',j: ''F<. 3 ',_ ., 5•. •w .. of numiniattrid teiterm sr€.te ta3a"o t"at =Otte re v, ,, t'�yaKat.s' tz (io«a. OnS, not. of tte`i3i. �•� ' „. ... _ at'-- :,t i° rc ..'..abet rs ;testy signatures tit, rtn".s"t, «., NI, w a d taisks gar€, ,>, a tG #'..`-s gra c'S"3yr 3t.«. t €tc: 1 Miug, 1''. AUG 2 9 01fia3-.267/. da CI) C 0034 i'drtafl tittle endl+,tor the County toprow.r:i; 3iyt 's. 3i {g ,r € paai'. T3 h,+ : �-:: �r o.t:"1 i a,a i • "� ,3i.r i sei"silod try ftt¢ i �;r C S2 # .ark, 414 40000 ho',etum r, <„ n ,rod3sce translations that are tetpteal,a1,Y tt orol 3>rr rs Accept widen comments for and ogatti t t <� lot r s rr_e p�raua -t a and Colorado Constitution Article 10, Seclian 20'3 b y C 0 S accepted must be filed by noon on the Friday before the 4S. day before the Media, Preparation of summaries of o o'ten comments snob be done by the juristiotontest only to be extent required pursuant to§ 1.7-9030), C S The 1101'xt of any reoc,er... t a ; ss ae ne"ees rrtest be transmitted to and received by the Cour* Clerk no Later than 43 days prior t the elect on pursuant tza *14-904, C t S. No portion of this S telae .t i r 3 t,oe require the County Clerk to fvO0pare summer regard,rip thJorMictiorfs t abt Collect„ prepare, and submit all inf0rmat on required to give r at parrs nt t„ Colorado Consattalon Article 10 Seaton 20(30), the Taxpayers Sri of 0:yh° Stro Wthrmater, rust be received by he County Clerk no less than 43 days oh, to the otecton to gyve the Co inty Clerk sufficient time to circubth It information to voters. Accept affidavits of iritert to accept oratawiri candidacy €rp urat:, Mose of bEas,s., oo ttaa 1,4 day before the election, and provide a list of valid affidavits received aria fo4sard awn n to the County Clerk pursuant to § 1-1.1102123. C- .S. Pay the sure of $1.25 per registered elector ai title to veto th the JerisettmMoae ,tetri as cf November 7, 2023,, wain a S200 ntiriirnum, tiara 30 days ofb4ing, oi whether ' not the elective % aeuslly held if the Jurisdiethrt cancels the e,,echoe £' fere Os Sect. 20, Ankle X: the Taxpayers Bali of 0 his. net ces are doe to the County, and prior to the County Clerk thournno any expenses ter the-, Ju,,sabton shell net be obligated brainy expenses tender tray% Set.ecton Jo.':odtct o chat= arse Po responsible for costs of reopenpersuari1 to y tot..2.15 CRS., except for costs collected from an rater sbei petty i.::r, e nit 10.5,06 which shod ba collected by the entity cm -electing the recount, Ctlo,ic'¥0 who stall a% as the ntemrY a*'ty Clerk and who e e1 have x"taJ to be tao eifhil by the :90612) for peeye ri;`.01 01 £a`M` th, s Yal 3 do ere tOo p.4,111 a' s.sbe.,k a rar<t tit n° of Intergtavernrnental lgrderttutt Fot Cot tJuwf ttr C ootd=natod Eli I orto canceled Jurisdiction shaft coty as h°ttg a crate Ifte f st of registered €-,,,,,,,,, , 7,,,,, addresses ¢ evn��ly tot€vtied I a tfro Jt n �� ttor tri tt", 'r', ,1 County peaty Clerk and Recorder's y signing this Agreement„ Jtrrdsztacltnt ref; c .,.. t ` , ,s I e, tte'StF rtg E tit e3C S e t O and addresses haS been reviewed by ex ate The Jurtsdact on will pr=tntptty notify Adam Gonzales, ties, the Weld C t', naer (see contact information in 5(h)), of any changes to the lotomation i rr~'. n dt aid list. By September 8th, Junsd ctoon shall cA tTy et1 trttl later to 970-100-3109 to leave a voice mail cortaming the, candidate the office the candidate is seektog.. The Ccvtty Clerk Agrees to perform the following tasks and actiot=es: a. Except as othews° expressly provideC for in this Agreement to a,,t tn, Csord natee, Electron Offt0al fsolos conduct of the election roe the Junsd,clir0 +.cr a,: r^ s"eis t Corte which require action by the Coordinated E}e;,,tion Qt`ieaf Circulate the Taxpayer's Bill of fl9hts notce pursuant to Colorado Const.t, an Ad.:, 10, Section 20. Circulate general Ballet Issues notices pursuant to §§ 1-7-405 and t_-- ;.1' CRS and cubtish and post notice_ as directed in § 1-5-4©5„ C.R S. Designate the statutory required number of drop boxes dunng tit e ele t pie= Designate not less than the statutory requirement of voter service and paing ..e for early voting and election day, Ott Election Day, b_it t otst3iction for number of registered electvs ,+-tr,rtdid Jurisdiction as of Election Jay; tdentty the members of the Beard c' Canvassers for rece cog a fee, and bill the Jurisdiction for the fees. Designate an employee of the Weld County Clerk and Recorder's Off, E er•`` ° Dms on to act as a primary liaison or contact bete e, the County i k ;+°°> .. a d,=Ct.rt (see contact information in 500). The Courdy Clerk shall appoint and train election Odes and this poWer srti, :.. Ottettated by the Jurisd>ct=' sn to tide County Clerk, to the extent required ' 5,140,1 t,'iEst`r t a Board €7f Canvassers t, at its pct': ,'a r` .ty d,'s!g' ate (me , t ,tom rderot,rs trorn the ist,o.,'~to t to assist t1, Coi,ntg Clark of tt'.t, s,., ve I .r If 't`'' rluta' `to e"ectet, ..su,,a', o:'. ��z��i Rtes, •„, Via{: e#mot, W": Memorandum m of Intergovernmental Argre€ trtra I For Caiduct or Cootdirdaled Elections writing of such appointments not teaer tyre c _ t art Clerk shah Weise and canvass ail votes arid strati manner er ided and required by ttte Code.. The County required by rho Cote, a. T me of tt,, Essence 'rime is of the essence in this Agreement The statutory time frames of the mode shalt apply to the completion of the task required by ties Agreement Conner of Agreement with Law, This Agrees slat shalt be interpreted to be consist crrt tvtih rite Code, provisions of Tinted 31 and 2 apenceble try the conduct of elections: artd e Colorado Elect,. Roles contained era 8 CC R. 1585.1, Should there be an err - tnfolabta conflict between the. statutes, this Agreement and the Colorado Beata. Ries, the statates shall first prev-all„ then this Agreement and lastly the Colorado Electron Rules, Right of Termination. tf Jonsdiction faa€s to aACOmgilt5ta its era`s obligation under At agreement Jur.ssaoctl resat its failure to meet its obligations Liquidated Damages. County as relieved At any bather tv resgoostbte for any ,"delis that Ira the event that a Coo a>f ct5tT aatent jurlsditton Cantu that t ete.t sn f c t Jar_sdiet on was void of etitervr se fatatty defective as a result asf iris sate c egg _ : a w failure of the Co my Clark to perform in accordance With title ArJreaa not ut i s applicable thereto then the County Clark snail, as liquidated damage, not. as a paned' refund all paytooAts made, pursuant to Subsection 3fgl or fm Agfleontea. t . s a i .t requested t.ty the J obsdictten„ cr lie d the next Coordinated Electionwhich tr nay include any eiectlon m=ade mmessar0 by a detect in the election conducted pursuant to teas Agreement with no fee assessed to the Jurisdiction: This remedy shaa, to Ma sate 3,1: faxf t6€�sa;f = remedy for damages available to lt'*a Junsd-coon eruter this Agreement, No ,h a re; of Po iOrjos or Irornur bee .N0 ne cv coedit n of data Agreement ≤Fria' -`.t be construed €r interbreed as a Oa yes. express or arnhed, of arty of the tl Ate titre, rots, benefits protections is .a i, t eeei sas. of At€; Colorado Goverrenental immunity Act §§ i1M101 t "N et see., s at e,at,` , r * or hereafter ewer e€t of a y other applicable pr.was s ce x ¢. b..d• es t y tit fa.a. gory t$ trail Agreement a , t,;rrt erty Saone hAt4ty Enforcement. Iar,dday.' Ott,fttat,,,,,fortathhrtt oft;'f. te,11.5 y person not thounied him Ca Aped garb. Mei any mitre' „. ad'het bfa alt �tdor tete Entae Agreement, Modltar,ttmn Waiver r r achy A,uen 'tt contains the matte Agreement anti onefersta,leng between ,.,e ,fir ,a sr to t:,:; t a * t'at and supersedes any whet agreements attaerrain the emcee, mat of this transaction, whether Brat or written No morfificatio, , ,.re; enn w ol, or other asttb ratttart of or to this Agreement € merit aarta any trtt tct$"d eimieus sr `a h € deemed imedof any force at effuca wheaten., untess itt°a aty agoted hoe, aatatarti by tae undersigned para..Nn breach of any Mu, Auteemete shed be deemed waived or excused,union s cts wooer t nt st ri. omen and signed by the par i claimed to hew waived of consented Any .come,-, k' °ty y riy hereto, waiver aft a breach by any other patty. ciatettiet excrete or imp,me, she not constitute a consent to, waiver of, qtr excuse fro- very otettee, 4 surastutimot, previded for in this Agrecarnent shatl be given to ttte Jurisdiction election official d to in Subsection 3(h) of this Agreement by phone_ es n: ed Et tt �Jlft Ptionfiti Affe r hour pi., (umber Act:Mon& Contact rt; WELD COUNTY CLERK AND RECORDER Coq Kotti:es: C RotOr APPROVED ROBED AS TO FORM: 10,4'717 ',County WirOThoY r = taF ai a,i tst, t RE., t FS TO Ti. Ati; 202D BOARD OF COUNT COMmTSSIONERS OF COUNT), o -F wan cou-wy Mike Niee �-1°�-t� ATTEST 02o023 -a&7/. ..1.226) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections School District 27J, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 7, 2023, 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. 1506-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to addressor 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 7, 2023; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116, 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 §§ 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 School District 27J in Adams, Broomfield and Weld Counties. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 7, 2023, Coordained Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: Issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-601, 22-31-103, and 22-31-107, C,R.S. c. 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 1 of 6 c,onc‘ 06- 029 -,267i, a3 6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 County Clerk will require the certification of translation be turned in with the ballot content. d. 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), C,R.S. 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(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. 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, f. Accept affidavits of intent to accept write-in candidacy up until close of business on the 645 day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 7, 2023, 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 X, 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(g). 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, h. 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. Carry out all action necessary for cancelation 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 9. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. 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 represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. 1. By September 8th, Jurisdiction shall notify all candidates to call the Election Office at 970-400-3109 to leave a voice mail containing the candidate's name pronunciation and the office the candidate is seeking_ 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. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, an 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 (see contact information in 5(h)). 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. 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, if shall make such appointments, and shall notify the County Clerk in 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections writing of such appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass ail 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. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 G.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. 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. d. Liquidated Damages. 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 damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) 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. e. 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. f. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 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. 5of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary liaison designated according to section 4.f. above: Adam Gonzales Phone: (970) 400-3178 Fax: (970) 304-6566 Email: aeonzales iweld.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 Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: School District 27J Lynn Ann Sheets Phone: 303-655-2952 After hour phone number: 303-856-8964 Cell Additional Contact Information: Fax: 303-655-2870 E-mail: Isheats@sd27j.net Address:18550 E. 160th Avenue, Brighton, CO 80601. DATED this / day of tnI-ems, 2023. WELD COUNTY CLERK AND RECORDER Cary Koppes, Cler c'�a d Reco APPROVED AS TO FORM: County Attorney School District 27J APPROVED AS TO FORM: Attorney for Jurisdiction (signature) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Mike Freeman, Chair S�l 8 �3 ATTEST: .:� a •� Clerk he Board of Count Deputy Clerk the and ATTEST: Des' u aced Election Official for Jurisdiction (Signa 6 of 6 .226a3-ac,7i-,236) Hello