HomeMy WebLinkAbout20212612.tiffMemorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -10J, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2021, 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 2, 2021; 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 Morgan 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 2,
2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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.
j. 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: acionzalesaweldpov.corn
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:fR d<. Akov-mi 4 —
Phone: 9:-10- (.o5 --frf
After hour phone number:
Additional Contact Information:
Fax: C1D- (06G- �( f
E-mail: r €. ,4es. , to 1 .. +rc
Address: 51 S teS t, c 5 -
Co _ SUP ti
DATED this 20 day of ... {,t t, — , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppe , Clerk a
APPROVED AS TO FORM:
County Attorney
Weld County School District RE -10J
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF Tye COUNTY OF WELD COUNTY
Steve Moreno Chair �EP 0 ], 2 21
TTEST: -� +) `- •�
lerk to the Board of County Commissioners
Deputy Clerk to the Board
ATTEST:
/Pi(
Designated Election Official for Jurisdiction
(Signature)
6 of 6
0001-0Cota-I t;t�
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Pale E-12 SchoolDistr'et hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 2, 2021, 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 2, 2021; 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 k)
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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
JUL-7 2021 1of6
0o81-0Gla-all)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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
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
2 of 6
X
L
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
I
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 c welddov.com
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:�� - jy �' "~ 23 n Sc3
Phone: C'.-1( `_ q`\
After hour phone number: '-<3`' - Lit 4
Additional Contact Information:
Fax:
E-mail: 'it>, r\Sv
Address: t v 7-1-43
DATED this day of A v'
WELD COUNTY CLERK AND RECORDER
Carly Koppes, - k and Rec. r
ecSC
, 2021.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 12021
APPROVED AS TO FORM: j ;;,. ��'TTEST:a) Je:4
Pts ed/u-ira-
County Attorney
Pawnee RE -12 School District
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Designated Election Official for Jurisd tion
(Signature)
6 of 6
aoei -aria- aclj
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 2, 2021, 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 2, 2021; 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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
JUL 1 9 2021
ei-al@-3C')
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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), G.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.
9•
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 2, 2021, 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,
j. 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact Information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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)).
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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: a onzalesi weldciov.com
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: l-,1SA TC3"7
Phone: Q1 b- 17,45
After hour phone number: 911J - 9 a -10 A_
Additional Contact Information:
Fax:
E-mail: t -.."Cam %. "-ken. rVC.-
Address: p,
DATED this 4 .. day of _.�
WELD COUNTY CLERK AND RECORDER
Carly Koppes,
APPROVED AS TO FORM:
County Attorney
Weld County School District RE -9
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
,2:021.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
ounty Commissioners
uty Clerk to the Board
ATTEST:
esignated Election Official for Jurisdiction
(Signature)
6 of 6
Goal -:Cpl -3 (I)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -2, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 2, 2021, 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 2, 2021; 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 Nipk
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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
JUL 1 9 2021
Qo9l-acofD-9 CO
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: aqonzales a(�weldgov.com
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: array
Phone: q - LIS 4 - 31407- x (Dti1 1
After hour phone number: c tro - 1-1.Qo- y ISO
Additional Contact Information:
Fax: q-1 o - 45'-i- 5 19 3
E-mail: o..l a r, -,or, @ e a.-4 oY. • 14- I z • C V • ug
Address: 2l1 1s4 St•rcc*
Coert,-N Co 'b(s,
DATED this l9""` day of am` , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, erk and ` cor
APPROVED AS TO FORM:
edA,A,v4-4_,
County Attorney
Weld County School District RE -2
APPROVED AS TO FORM:
Cri-te‘/W.R,„er
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 12021
TTEST: datt1144.1v••(.1
lerk to the Board of County Commissioners
eputy Clerk to the oard
ATTEST:
11
Designated Election Official for Jurisdiction
(Signature)
6 of 6
000Il-clo'i--1( I)
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 2, 2021, 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 2, 2021; 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 2, 2021, Coordinated Election.
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, G.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 § 1-5-203(3)(a), C.R.S.
1 of 6
JUL 202021
QO i-acoia-5c1)
Memorand urn of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 2, 2021, 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.
g.
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.
j. 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
By September 3rd, 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.
1. 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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 weldgov.com
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:
DATED this
Designated Election Official for Jurisdiction:
Phone:
After hour phone number:
Additional Contact Information:
Fax:
E-mail: _
Address:
day of
2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, and Re o
APPROVED AS TO FORM:
"7g evt/t,
County Attorney
Weld County School District RE -4
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 12021
TTEST: deet6/0 G •.K,Lt a$ 4,
erk to the Board of County Commissioners
\N
eputy Clerk to the Board
ATTEST:
Designated Election O
{S grieturej
t for Jurisdiction
6 of 6
Q06)1-QCl-5...(L.)
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 2, 2021, 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 2, 2021; 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.
Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2021, 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.
JUL 2 1 2021
coC 1)
1 of 6
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).
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).
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 2, 2021, 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"
pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election off€cial" 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.
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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).
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 3rd, 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.
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)).
3 of6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
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.
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: agonzaies(@..weldtgov.com
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) 475-1104
After hour phone number: (970) 290-6192
Additional Contact Information:
Fax: N/A
E-mail: jkamka@evanscolorado.gov; cityclerk@evanscolorado.gov
Address: 1100 37th Street, Evans, CO 80620
DATED this day ofW14C' , 2021.
WELD COUNTY CLERK AND RECORDER
Car y Koppes, . - rk and Re
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 12021
TTEST: ��Q��WJ v • �C.��
lerk to the Board of County Commissioners
91,,jj\J
eputy Clerk to the Board
County Attorney
�� �,,�.�
City of Evans
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
ATTEST:
Designated Election Official for Jitrisdictio
(Signature)
09I- ola — Co CI)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
City of Dacono, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2021, 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 2, 2021; 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 2, 2021, 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.
Iof6
JUL 272021
0091-aCo(a-1 ct)
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).
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 2, 2021, 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"
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.
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 3rd, 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.
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.
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.
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.
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.
5 016
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: agonzalesa7weld gov.com
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: vtaylor@cityofdacono.com
Address: 512 Cherry Ave.
Dacono, CO 80514
DATED this 2-11'" day ofw)* , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, 'lerk and
APPROVED AS TO FORM:
County Attorney
City of Dacono
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair S 0 1 021
TTEST: C1
lerk to the Board of County Commissioners
N
eputy Clerk to the Board
ATTEST:
Valerie Taylor, Ci\Clerk/Designated Election
Official for Jurisdic i n
6 of 6
00Q I- C')
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -7, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 2, 2021, 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 2, 2021; 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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG - 6 2021
R'Otol l-o7Colo7-8 Ct)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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(cr�weldgov.com
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: 970-336-8500
After hour phone number: 970-396-0522
Additional Contact Information:
Fax: 970-336-8511
E-mail: gmcclain@pvre7.org
Glenn McClain and Suzi Johnson
sjohnson@pvre7.org
Address: 501 Clark St. Kersey, CO 80644
DATED this 6th day of August , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, C = rk and Re
APPROVED AS TO FORM:
County Attorney
Weld County School District RE -7
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF TFj(` COUNTY OF WELD COUNTY
Steve Moreno Chair SEP 0 1 2021
dotitA)
TTEST:
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
InilA1ti/V "1
51;i -cA a hn 5i.` l 1c; Ci lfr► V -e
Sea-re,i-a j
Designated Election Official for Jurisd ' ion
(Signature) lean '' ` e ` �V.
II ,, j
6 of 6
QoaI-�la- 8 Ci,)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Brighton 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 2, 2021, 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 2, 2021; 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
E.tt; ij A4-Geurity, This Agreement shall be construed to apply only to that portion of the Jurisdi ti n
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2021, 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 §§ 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 § 1.5-203(3)(a), C.R.S.
I of6
JUL 2 7 2021
0063.1 -aCc.1 -9 CI)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
641h 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 2, 2021, 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: acionzaies weldctov.corn
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: (4Y-W7VN
Phone: (') ))(pc 1 act
After hour phone number: 17?1r tcic(1), 1 1" �- c Up) ..
Additional Contact Information: t
Fax: 3x1 5,),` ID
E-mail: Ko ft
Address \(tc:)s ( E
DATED this -Oa , 2021,
WELD COUNTY CLERK AND RECORDER
Carly Koppes, C - and R
APPROVED AS TO FORM:
County Attorney
Brighton School District 27J
APPROVED AS TO FORM:
Attorney for Jurisdiction (signature)
eAptakt eatrwsi
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair $EP 0 1 2U21
TTEST:
lerk to the oard o aunty Commissioners
eputy Clerk to the Board
ATTEST:
Desi
(Signal
A.A. (IAA V 0
ted Election Official for Jurisdiction
6 o1 6
ao&I-ata -9 Cl)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Town of Milliken, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2021, 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 2, 2021; 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 Town O Milliken
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 2, 2021, 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. §1-4805.
AUG - 4 2021 I of 6
)Obit-o7Cof'D— (C) Cl)
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).
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).
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 2, 2021, 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"
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.
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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).
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 3rd, 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.
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.
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)).
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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
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.
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.
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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: agonzalesaweldgov.com
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: (970) 660-5045
After hour phone number: (970) 219-1690
Additional Contact Information:
Fax: (970) 587-2678
E-mail: CRinebarger@MillikenCO.gov
Caree Rinebarger, Town Clerk
Address: 1101 Broad Street
Milliken, CO 80543
DATED this a -01N day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, -rk an• ecorde
APPROVED AS TO FORM:
County Attorney
Attorney for Jurisdiction (Signature)
Town of Milliken
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF TI -IS COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 1 2021
dithot)
ATTEST: v• JdOgtik
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Designated Election cial for Jurisdiction
(Signature)
6 of 6
OOSI-o`7Qo(o7-IO CO
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Wiggins School District No. RE -50J, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 2, 2021, 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 2, 2021; 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 /`iSa.
County. This Agreement shall be construed to apply only to that portion of the Jurisdicin
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
AUG - 5 2021 1 of 6
OODI-CoID- 1 I CO.)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 2, 2021, 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.
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.
j. 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
S 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[�weldgov.com
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: ./artiA I ie-
Phone: C 70 448- (p x L -Po (
After hour phone number: CI 70 ;9 &. ' 3q ( ,II Additional Contact Information:
nn�
Fax: "'l —TO 1—C ((J g05
E-mail: O 110110.0 (,L)ia9ivtCi(i, Kle), e d I tI
Address: fib'( but eLyt
CI)e)Ui9/
DATED this Q q day of It L , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppe , e erk anecor
APPROVED AS TO FORM:
County Attorney
Wiggins School District No. RE -50J
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair Sg 0 1 02 1
TTEST: �e •
Jerk to the Board of County Commissioners
ZClerk to the Board VAI !/
ATTEST:
Designate lection Official for Jurisiction
(Signature)
6 of 6
Goat-acota - 1 1 el)
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 2, 2021, 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 2, 2021; 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 2, 2021, 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.
AUG - 9 2021 1 of 6
noel-�1a - to c13
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).
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 2, 2021, 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"
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.
2 of 6
t
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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).
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 3rd, 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.
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.
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.
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.
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: agonzales(aweldgov.com
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: jsmallnnorthglenn.org
Address: 11701 Community Center Drive
Northglenn, CO 80233
DATED this a1tt\ day of v , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, -rk and ' order
APPROVED AS TO FORM:
County Attorney
City of Northglenn
APPROVED AS TO FORM:
Attorney
JurisdiC h (Signature)
BOARD OF COUNTY COMMISSIONERS
OF T COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 1 2021
dde-4/1)
TTEST: Je-14O;&k.
lerk to the Board of ounty Commissioners
eputy Clerk to e Board
CITY OF NORTHGLE N
Meredith Leighty, Mayor
ATTEST:
ted Election Official for Jurisdiction
6 of 6
Qoa I- a' S a -$ a co ,)
DocuSign Envelope ID: D2CDACD9-0357-42F5-9900-54A8DB893E14
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 2, 2021, 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 2, 2021; 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 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 2, 2021, 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.
1 of 6
AUG - 9 2021
Goo)l - o'�ColD -13 Cl
DocuSign Envelope ID: D2CDACD9-0357-42F5-9900-54A8DB893E14
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).
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 2, 2021, 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"
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.
2 of 6
DocuSign Envelope ID: D2CDACD9-0357-42F5-9900-54A8DB893E14
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 3rd, 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.
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
DocuSign Envelope ID: D2CDACD9-0357-42F5-9900-54A8DB893E14
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.
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.
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.
4 of 6
DocuSign Envelope ID: D2CDACD9-0357-42F5-9900-54A8DB893E14
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
DocuSign Envelope ID: D2CDACD9-0357-42F5-9900-54A8DB893E14
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(aweldgov.com
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: Anissa Hollingshead
Phone: 970-350-9742
After hour phone number: 970-573-0116
Additional Contact Information:
Fax: 970-350-9828
E-mail: anissa.hollingshead@greeleygov.com
Address: 1000 10th Street
Greeley, CO 80631
DATED this,q-AAN day of AMf3ur , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Kopp- -, Clerk a
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, W_,AttifeA)
Chair ' 0 12021 TTEST: .k/10:4„//p!�
lerk to the Board of County Commissioners
County Attorney �.;r.1 ►eputy Clerk to the Board
City of Greeley
APPROVED AS TO FORM:
f^—DocuSigned by:
Po s hank
A grf . riSdiction (Signature)
ATTEST:
DocuSigned by:
L570
e, 46,
fft�4f'EPtion
D Official for Jurisdiction
(Signature)
6 of 6
QOISJI -aCola - 13 (I)
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 2, 2021, 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 2, 2021; 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 L«rA V
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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG 1 0 2021
0091-W01
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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.
J•
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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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(a�weldgov.com
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'=r\h-z
Phone: G7%ti
After hour phone number:
Additional Contact Information:
Fax: ? 7 O - z -1.0O
E-mail: J r-rvr s --„—(a) \L,a .¢ Q c s4- r. O r ca —
Address: 0 B4) X / (4
DATED this day of A u -i , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes,
APPROVED AS TO FORM:
"IS
County Attorney
Weld County School District RE -5J
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve More
no, Chair $EP 0 1 2021 TTEST: G. •4440
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
gnated Election Official for Jurisdiction
(Si. ure)
6 of 6
9O&I-&'Cola-14 Ci)
Memorandum 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 2, 2021, 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 2, 2021; 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 rcfollow:
taC 0.M �3.o;�(: CA 1
1. The Jurisdiction encompasses territory within Weld County and Lard ' c- Lo=de n z Nlol-,3Oh
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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG 1 2 2021
O,p91- col - i5 cl)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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.
J.
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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4of6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: agorizalesCdveldgov.com
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: Ca"-% �)C. ca'j'c'q- - R'(.41)1/4(2k
Phone: 911- <33
After hour phone number: 97O ` 406--1-1 6 7
Additional Contact Information:
Fax: u d a_
E-mail: 't rte. sc\N.ck.ecrr c°C
Address: 6'401 �ek
\54
loo 06 /. log
1re`ey CO ,ol0•3`{
DATED this 49. 1 day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, h -rk and ' or
APPROVED AS TO FORM:
County Attorney
Aims Community College
APPROVED AS TO FORM:
Attorney for Jurisdiction (signature)
6rce CO E.-)10s3a,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, CCChair SEP 0 12021
iqtdL) TTEST: G
lerk to the Board of County Commissioners
N
eputy Clerk to the Board
ATTES
rt
Designated Election Official for Jurisdiction
(Signature)
6 of 6
0091- aCP Cola - 15 CI)
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 2, 2021, 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 2, 2021; 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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG 1 3 2021
0p6I- - %Co CO
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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.
J.
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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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)).
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.
3 of 6
Memorandum of intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: aaonzales asweldoov.com
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: 1D • L013' 50B5
E-mail; lauralee.ehlers@thompsonschools.org
Address: 800 S Taft Ave
Loveland, CO 80537
DATED this 7
day of July
WELD COUNTY CLERK AND RECORDER
Carly Koppes, k and ord
APPROVED AS TO FORM:
P6 J
County Attorney
Thompson School District R2 -J
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
, 2021.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, didedtm)
Chair SE 2 21 TTEST: G: ;IA
erk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
/471'
besignated Election Official for Jurisdiction
(Signature)
6 of 6
O081- 9Co1& - 1(o ('t)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
City of Brighton, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2021, 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 2, 2021; 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 Ad Amin r.ntinty
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 2, 2021, 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.
AUG 1 3 2021
-n
'l C l )
1 of 6
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).
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).
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 2, 2021, 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"
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.
2off
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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).
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 3rd, 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.
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
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 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.
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
appicable 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,
shal 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(weldgov.com
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. City Clerk
Phone: 30 -655-2056
After hour phone number:
Additional Contact Information:
Fax:
E-mail: nhoel@brinhtonco.gov
Address: 500 South 4th Avenue
Brighton, CO 80601
DATED this cam' day of 4:\UU_ , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, ! - rk an• ecord
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
'Steve Moreno, Chair �SLI' 0 1/ ZOZ1
TTEST: C/�ielfd6/ v• aKeD;eA
lerk to the Board of County Commissioners
County Attorney V eputy Clerk to the Board
torney for Jurisdiction (signature)
ATTEST:
City of Brighton
APPROVED AS TO FORM:
Designated Election Official for Jurisdiction
(Signature)
6of6
coal- Cola-►-i CI)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
St. Vrain Valley School District RE -1J, hereinafter referred to as "Jurisdiction," does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to
as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2021, 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 2, 2021; 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 Boulder, Lorimer, Broomfield
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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
AUG 1 3 2021 1 of 6
0091- Colb1 -I$ CO
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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.
J•
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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: agonzalesCc�weldgov.com
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: Gregory Fieth
Phone: (3°3) 682-7546
After hour phone number: (303) 210-0239
Additional Contact Information:
Fax: (303) 682-7343
E-mail: fieth_gregory@svvsd.org
Address: 395 S. Pratt Parkway Longmont, CO 80501
DATED this , day of ersk , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, - lerk an- '-ecorder
APPROVED AS TO FORM:
County Attorney
Attorney for Jurisdiction (Signature)
St. Vrain Valley School District RE -1J
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair SLEEP O,x,1/2021
ATTEST: '.4) v•.Gtof�
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Designate
(Signature)
ection Official for Jurisdiction
6 of 6
00081- cola - 1 $ C1)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld 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 2, 2021, 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 2, 2021; 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 andµ
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 2, 2021, 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 §§ 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, G.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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG 1 7 2021
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Memorandum of Intergovernmental Agreement
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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 2, 2021, 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.
J.
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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
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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: aQ0nza=es cc;Weidcov.corn
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: .
After hour phone number:
Additional Contact Information:
Fax:
E-mail:
Address:
DATED this
day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, - k and "' order
APPROVED AS TO FORM:
County Attorney
1
Weld RE -8 School District
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
, 2021.
BOARD OF COUNTY COMMISSIONERS
OF Ti -LE COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 12021
�,, ,,��,,//
TTEST: t�) G: X lio;ok
lerk to the Board of County Commissioners
N
eputy Clerk to the Board
ATTEST:
Designated Election Official for Jurisdiction
(Signature)
6 of 6
9O6)I- afola -1ol Cl)
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 2, 2021, 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 2, 2021; 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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG 1 9 2021
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Memorandum of Intergovernmental Agreement
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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 2, 2021, 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
By September 3rd, 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.
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.
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)).
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 adonzalesO,uveldiov_cor
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: 970-350-4201
After hour phone number: 970-576-8496
Additional Contact Information:
Fax: x'70 737- z,5"I
E-mail: angusj(a7wcsdre1.org
Address: 14827 WCR 42
Gilcrest, CO 80623
DATED this 18th day of August , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, ' lerk an ecorde
APPROVED AS TO FORM:
County Attorney
Weld County School District RE -1
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair
TTEST: C/.�Q'.t t&) v• JC�lD��
SEP 0 12021
erk to the Board of County Commissioners
U
eputy Clerk to the Board
ATTEST,
Kim Chacon, Board President (Signature) De sf 'ated ( ction Official for Jurisdiction
(Signature)
6 of 6
O0a0-aCoIa-aoct)
Memorandum of Intergovernmental Agreement
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City of Longmont, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2021, 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 2, 2021; 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 2, 2021, 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.
1 of 6
AUG 1 9 2021
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Memorandum of Intergovernmental Agreement
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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).
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 2, 2021, 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"
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.
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 3rd, 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.
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.
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.
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.
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.
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 shalt 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: agonzalesce weidgov.com
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: _303-651-8647
After hour phone number:
Additional Contact Information: Lucienne Petrocco, 303-651-8648
Fax:
E-mail:
dawn.quintana@longmontcolorado.gov
Address: 350 Kimbark St., Longmont, CO 80501
DATED this ti day of ,
WELD COUNTY CLERK AND RECORDER
Carly Koppes, ' erk an
•r'\.cors.
APPROVED AS TO FORM:
aunty Attorney
City of Longmont
APPROVED AS TO FORM:
, 2021.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moren
o. Chair SEP 0 12021
TTEST: G. •JClto��
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Attorney for Jurisdictic h (Signature) Designated Election Official fo`J
(Signature)
6 of 6
00ai-aorta- a% (t)
CITY OFLONGMONT:
MAYOR
APPROVED AS TO FORM:
PROOFREAD
APPROVED AS TO FORM AND SUBSTNCE:
ORIGINATING DEPARTMENT
wig 2IAGR
I afcztrati.cf, ofa 7,
DATE
DATE
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Town of Mead, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2021, 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 2, 2021; 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 it) I tq
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 2, 2021, 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.
1 of 6
AUG 1 9 2021
0081- acc l a - as c t
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).
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 2, 2021, 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"
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.
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 3rd, 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.
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.
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.
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.
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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{aweldgov.com
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: Met,(1 t
Phone: CA1O — gr S — `I 18
After hour phone number: 3O- 1 ii -
Additional Contact Information:
Fax: D1'JO - -OV-4 \
E-mail: m dr -}-@. -t .car` (Y2 -e(“) . o rn
Address: L4'4 I `-41(rJ - �t (2prit) S'bs L
DATED this a--113) day of
WELD COUNTY CLERK AND RECORDER
Carly Koppe
APPROVED AS TO FORM:
, 2021.
BOARD OF COUNTY COMMISSIONERS
OF TH. COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 1 2021
ATTEST: .p,�
lerk to the Board of ounty Commissioners
County Attorney eputy Clerk to the Board
Town of Mead
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
ATTEST:
Designated ec ion Official fe urisdidtith
(Signature)
aoai-aria - ea (O
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 2, 2021, 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 2, 2021; 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 N/A
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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG 2 0 2021
ao�i-a��a- a3 co
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 2, 2021, 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.
g.
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, G.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.
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
L By September 3rd, 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
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.
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 Terminaticr.
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: aQonzales@weldgov.com
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: Kristina Crain
Phone: 970-348-6012
After hour phone number: 303-968-0538
Additional Contact Information:
Fax:
E-mail: kcrain@greeleyschools.org
Address: 1025 9th Avenue, Greeley, CO 80631
DATED this 20th
day of August
WELD COUNTY CLERK AND RECORDER
Carly Koppes, Serk an corder
APPROVED AS TO FORM:
ps
County Attorney
Weld County School District 6
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
, 2021.
BOARD OF COUNTY COMMISSIONERS
OF THE,.,COUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 1 2021
ATTEST: dea4A) v
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Designated Election Official for Jurisdiction
(Signature)
6 of 6
anal- amla - a3 Ctj
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -3J, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 2, 2021, 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 2, 2021; 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 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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
1 of 6
AUG 2 0 2021
aoai-Cla- C I)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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.
J.
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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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
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.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: aeonzales(u7weldc1ov.cam
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 Wiener
Phone: 303-536-2017
After hour phone number: 505-553-2413
Additional Contact Information:
Fax: 303-536-2010
E-mail: juliewiener(a?re3j.com
Address: 1101 4th Avenue, PO Box 1022, Hudson, CO 80642
DATED this I day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes S. erk and order
APPROVED AS TO FORM:
9.6 v
County Attorney
Weld County School District RE -3J
APPROVED AS TO FORM:
Attorney for Jurisdiction (signature)
2021.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair �s P( Q 1 2021
ATTEST: C/aa�%d+.t/1J v• •„k,
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Designa ed Elec.'o Official for Jurisdiction
(Signature)
6 of 6
DocuSign Envelope ID: 116BFCF6-E53D-4E2D-8673-70576CDFAD1E
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 2, 2021, 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 2, 2021; 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 2, 2021, 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.
AUG 2 0 2021
Oei-acot - a5 co
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DocuSign Envelope ID: 116BFCF6-E53D-4E2D-B673-70576CDFAD1E
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).
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 2, 2021, 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"
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.
2 of 6
DocuSign Envelope ID: 116BFCF6-E53D-4E2D-B673-70576CDFAD1 E
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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).
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 3rd, 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.
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
DocuSign Envelope ID: 116BFCF6-E53D-4E2D-8673-70576CDFADI E
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.
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.
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.
4 of 6
DocuSign Envelope ID: 116BFCF6-E53D-4E2D-B673-70576CDFAD1 E
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
DocuSign Envelope ID: 116BFCF6-E53D-4E2D-8673-70576CDFAD1E
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@weldcov.com
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: 720-466-61n1
After hour phone number: 101_720_4776
Additional Contact Information:
Fax: N/A
E-mail: mpena@fortluptonco.gov
Maricela Pena
Address: 130 S. McKinley Ave. Fort Lupton, CO 80621
DATED this day of A q,t,,r , 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppe , lerk an.' '-cor
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair S 21
TTEST: d„Itifyi) ��!; f a.
..lerk to the Board of County Commissioners
1/L v
eputy Clerk to the Board
City of Fort Lupton
APPROVED AS TO FORM: ATTEST:
r--DocuuSigned by:
QIA,DtM glkSVIAM
ra, MttMO OS7 D... ,
Attorney for urisdiction (Signature)
Designated Election``C ffteist rJurisdiction
(Signature)
C
6 of 6
oOei-pla - eSCI)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Carbon Valley Park & Recreation District, hereinafter referred to as "Jurisdiction," does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to
as "Commissioners." and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2021, 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 2, 2021; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk
acting as the Coordinated Election Official; and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to C.R.S. § 1-7-
116, C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth; and
WHEREAS, such agreements are authorized by statute at C.R.S. §§ 1-1-111(3), 1-7-116, and
29-1-203, et seq.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction is a special district which encompasses territory within Weld County and
County. This Agreement shall be construed to
apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2021, 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 § 1-5-203(3)(a), C.R.S.
c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901, C.R.S.,
and Colorado Constitution Article 10, Section 20(3)(b)(v). Comments to be accepted
must be filed by noon on the Friday before the 45th day before the election. Preparation
of summaries of written comments shall be done by the Jurisdiction but only to the extent
required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices
must be transmitted to and received by the County Clerk no later than 43 days prior to
t of6
AUG 2 3 2021
ao9-acp(a-acoct)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. If the Jurisdiction cancels the election before
its Section 20, Article 10, the Taxpayer's Bill of Rights, notices are due to the County,
and prior to the County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses under this Subsection 3(e). The
Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107 or
1-11-215, C.R.S., except for costs collected from an "interested party" pursuant to § 1-
10.5-106 which shall be collected by the entity conducting the recount.
f. Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the county or counties where the political subdivision is located.
h. Carry out all action necessary for cancellation of an election including notice pursuant
to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-
208(5), C.R.S.
In order to ensure property owners are accurately represented in special district
elections, Weld County will provide Jurisdiction with a list of registered UOCAVA voters.
Jurisdiction shall compare said list of registered UOCAVA voters with the district's list of
property owners and provide Weld County with a list of property owners that are eligible
to vote within the special district but who are not registered voters within the special
district by September 15th. Jurisdiction must provide the voter's ID number on the list of
property owners returned to Weld County. Weld County will mail such UOCAVA property
owner(s) a ballot by September 18th.
j. 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 22nd. 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 8th. Weld County will charge the $1.25 for each
property owner ballot mailed in addition to any charges specified in above Section 3(e).
2 of 6
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
By September 3rd, Jurisdiction shall notify all candidates to call the Election Office at
970-400-3109 to leave a voice mail on how to pronounce the candidate's name for the
audio ballot.
4. The County Clerk Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated
Election Official for the conduct of the election for the Jurisdiction for all matters in the
Code which require action by the Coordinated Election Official.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
10, Section 20 to only those active eligible electors residing within the special district.
Jurisdiction shall be solely responsible for circulating Taxpayer's Bill of Rights notice
required to property owners that reside out of Weld County.
c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S.
and publish and post notice, as directed in § 1-5-205, C.R.S.
d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction (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
writing of such appointments not later than 15 days prior to the election. The County
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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, 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.
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.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: aconzalesfa`.?weir toy _co
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: j =
Phone:
After hour phone number:
Additional Contact Information:
i
DATED this
E-mail:
d
Address:
day of . 2021.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, ':te an
APPROVED AS TO FORM:
County Attorney
Attorney for Jurist fiction (Signature)
Carbon Valley Park & Recreation District
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Chair SE
ATTEST:
lerk to the Board of County Commissioners
eputy Clerk to the Board
ATTEST:
Designated Election Official for Jurisdiction
(Signature?
6 of 6
00ai-&Co(a -a(o ct)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Prairie RE -11 School District, hereinafter referred to as "Jurisdiction," does hereby agree and contract
with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 2, 2021, 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 2, 2021; 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 L ►'�
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 2, 2021, 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 §§ 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 § 1-5-203(3)(a), C.R.S.
I of 6
AUG 2 3 2021
,i-acO(a - ci)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 2, 2021, 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
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Manager (see contact information in 5(h)), of any changes to the information contained
in said list.
I. By September 3rd, 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)).
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.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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
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
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: aoonzalesaweldgov.com
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: r-11 Q2 VKI44.4
Phone: q')o-1C3?-6-3'( Calf g'iO-3ay^s-06s
After hour phone number: 9'? @ -3gd — 068 -
Additional Contact Information:
Fax: 7'70- 4(37 - 5/13 '2- C e%`� �Y
E-mail: t-i� , Co-"
ru4.e, ceLi
Address: 7, 13&'c 6g. /Vim R 0.y vn ✓'/ C U 'V74 2 -
DATED this day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, ' rk and
APPROVED AS TO FORM:
County Attorney
Prairie RE -11 School District
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
2021.
BOARD OF COUNTY COMMISSIONERS
OF THE.€OUNTY OF WELD COUNTY
Steve Moreno, Chair SEP 0 12 21
TTEST:
erk to the Board of County Commissioners
' � 1
eputy Clerk to the Board
ATTEST:
Desigp ed Election Official for Jurisdiction
(Signet
6 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Town of Windsor, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2021, 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 2, 2021; 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 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 2, 2021, 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.
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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).
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 2, 2021, 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"
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.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 3rd, 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.
Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
X, Section 20.
c. Circulate general Ballot Issues notices pursuant to GR.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.
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)).
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Memorandum of Intergovernmental Agreement
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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.
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.
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Memorandum of Intergovernmental Agreement
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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.
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.
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Memorandum of Intergovernmental Agreement
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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: agonzalesta��weldgov,com
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:
Karen Frawley
Phone: 970-674-2404
After hour phone number: 970-388-2605
Additional Contact Information:
Fax: 970-674-2456
E-mail: kfrawley@windsorgov.com
Address: 301 Walnut St., Windsor, CO 80550
DATED this c ' day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, lerk ancord
APPROVED AS TO FORM:
pn. 61%,
County Attorney
Town of Windsor
APPROVED AS TO FORM:
Attorney forYJtrlShciotion (Signature)
, 2021.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, ChairSEp 0 1 2021
TTEST: Wat444,16)o,�lerk to the Board ofounty Commissioners
eputy Clerk to the Board
ATTEST:
Designated Election Official for Jl urisdiction
(Signature)
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