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Home My WebLink About20182837.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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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 D r^ c - 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 6, 2018, 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 2018-2837*/ G) C'0030 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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. q. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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 Manager (see contact information in 5(h)), of any changes to the information contained in said list. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections L By September 71", Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(lI)(e)(2), C.R.S h. 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 Adam Gonzales, Weld County Election Manager, 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. k. 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, 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 Adam Gonzales of the Weld County Clerk and Recorder's Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzalcs@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: n nom. Designated /� Election Official for Jurisdiction: lag. tll_ Phone: c /'79 (v 56 -3y/7 l After hour phone number: ''70)31/ Z9 (' Additional Contact Information: Fax:(q 10A c 3N 7? E-mail: rNtowitabstdederdetr/.4`1 Address: x"1'5` Lsifie sd1p, DATED this '" day of c.\1Jr,i , 2018. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF T 1E COUNTY OF WELD COUNTY Carly Koppes, - rk and R Ord: "� ' �',teve Moreno, hair sg 0 5 5 22t318 �j APPROVED AS TO FORM: 't86t `�y �.� TEST, ( to the Board of County Commissioners Count Attorney — Deputy Cle to e Board APPROVED AS TO FORM: Attorney for Jurisdiction (Signature) ATTEST: Weld County School District RE -10J lection Designated Official for Jurisdiction (Signature) AUG 16 2018 6 of 6 02.0/1-,00?/6) 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, and 29- 1203, 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 1AI- County. This Agreement shall be construed to apply only to that portion of he Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2018, General 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- 11118, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. 1of7 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 § 1-5-203(3)(a), C.R.S. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 110.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to § 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 § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of 2 of 7 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1- 5208(5), C.R.S. I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(lI)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. 3 of 7 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). 1. 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. k. 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 4 of 7 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. e. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. g. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 7 City of Greeley Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales(i)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: Betsy D. Holder, City Clerk Phone: 970-350-9742 After hour phone number: 970-350-9742 Additional Contact Information: Fax: 970-350-9828 E-mail: betsy.holder(a�greeleygov.com Address: 1000 10th Street, Greeley, CO 80631 DATED this 7th day of August, 2018. WELD COUNTY CLERK AND RECORDER Carly oppes Oitark and R order i l APPROVED AS TO FORM: ►, ` :, TTEST: W000k BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Chair SEP 0 5 2018 o the Board of County Commissioners Deputy CI=O to he Board 6 of 7 ao,8-a t31 °A.6) Memorandum of Intergovernmental Agreement For Conduct, of Coordinated Elections APPROVED AS TO FORM: ;,ors 4 <` '' ST: Attorney for Jurisdiction (signature) AUG 16 2018 ted Ele ti• Official for Jurisdiction 7 of 7 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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 6, 2018, 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 ao/t- A8 57-146) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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 Manager (see contact information in 5(h)), of any changes to the information contained in said list. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. g. i. Designate Adam Gonzales, Weld County Election Manager, 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. k. 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, 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 Adam Gonzales of the Weld County Clerk and Recorder's Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: E-mail: Address: (970) 304-6566 agonzales@weldgov.com PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: i! attra L . Dirt/ e,in Phone: 70 4/54/-,,3 y n z u After hour phone number: 970 - 3c) - / 63 Additional Contact Information: Fax: j7 :y54- 5/93 E-mail: I O1k ‘r � � c �r, c> O a,_ fi, v> , t'5 t 7.. Co Address: 2/I t- DATED this /7 Eni-ar), Co S'o(oi 5- day of Auyu.s-f , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes,`Clerk anger APPROVED AS TO FORM: County Attorney Weld County School District RE -2 APPROVED AS TO FORM: Attorney for Jurisdiction (Signature) BOARD OF COUNTY COMMISSIONERS OF T E COUNTY OF WELD COUNTY ---"et-k-- Pt_ Steve Moreno, Chair up, 0 5 2018 TTEST: r- AltrAv i 1- to the Board of Count Commissioners eputy Clef to t - Board ATTEST: .2 Deignated Election O icial for Jurisdiction (Signature) 6 of 6 AUG 14 2018 oZo/,- 02t37 .56 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 rJ \'Pi 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 wig— i 46) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. j. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J• The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: 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: I ►) Qu'' ) Stri,thik Phone: vr7O - 305 ---(4 J Q 2 After hour phone number: (O3 - Ds) - ' 1(10 Additional Contact Information: Fax: COO - ®g 3,1 E-mail: Address: Lit,' irdsi-. MADMADy. 2 ,yam & d'OSZ Z DATED this day of WELD COUNTY CLERK AND RECORDER Carly Koppes, -rk and Re o •er APPROVED AS TO FORM: County Attorney APPROVED AS TO FORM: Attorney for Jurisdiction (Signature) Town of Mead , 2018. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY teve Moreno, Chair nip, 0 5 2018 ST: dir-440) the Board of Coun puty Cler, ATTEST: Election Official for JPrri ictl !r'"" �*'; : SEAL_a_ QE AUG 13 2018 o '�°�`" VNTY /k- a/'.7" ' (1) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Lochbuie, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 140/9-13--.5. 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. j. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: 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: L/ 4OA— c.44c.,c s ib Designated Election Official for Jurisdiction: Phone: 3O3 - 44 o After hour phone number: 3O3 - & -gsyG Additional Contact Information: Fax: 3(23-c, Ss- g3rZ E-mail: L,3/4 1.,e•-1,k)t. � • 0 er Address: 703 (..)ELc) He 4-,n- .3 -7 Lo Cam, la L.:.e C{.o PVC. O3 DATED this __ day ofPTAKC.„ , 2018. WELD COUNTY CLERK AND RECORDER Carlyly Ko and ge.c.Q,2w APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY eve Moreno, Chair SEP o 5 2018 _;.` Cam( ST: U.�J v to the Board of County Commissioners ge--.714Couri Attorney �� "� 1 uty Cl :j to e Board Town of Lochbuie A'• • ROVED AS TO FO Attorn -y for Jurisdi Signature) ATTEST: ianated Election Official for Juris diction Election Official for Jurisdiction (Signature) AUG 0 8 2018 6 of 6 020/x'- 2(5737 -4656) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Southeast Weld Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter"Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 is a special district which encompasses territory within Weld County and tqda,MS 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 6, 2018, General Election. 3, The Jurisdiction agrees to perform the following tasks and activities: a, To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 1 of6 0 /f-,0374-1<!) J• Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. g. 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. I. 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 19th, 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 22nd, 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 26th. 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 15th, 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 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 Ilst. I. By September 7'h, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays, §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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 j. 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. k. 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, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c, Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 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. g. 5 of 6 DATED this Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h, Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: aaonzales(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 3(f) of this Agreement by phone: ?.' Designated Election Official for Jurisdiction:.Trene fn. �i?a! �cJ- -e- Phone: 303.73? L/a03 After hour phone number: ,303-90? ol0 Additional Contact Information: Fax: 30.3.730?- A13.9!J E-mail: i burke'seweldI?rre. 69 Address: P 0 . egc) X , Q5 . RroAd S -I-• teenes bu.r� , Co 86(.03 day of At4 uS 1 , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, and Reco APPROVED AS TO FORM: Cou Southeast Weld Fire Protection District APPROVED AS TO FORM: eafiau-i, Attorney for Jurisdiction (Signature) BOARD OF COUNTY COMMISSIONERS OF TH COUNTY OF WELD COUNTY teve Moreno, Chair SEP 4 X�52//0)$ darift4) TEST: the Board of County Commissioners Deputy Cler Ito t e Board ATTEST: Designated Election Official for Jurisdiction (Signature) AUG 0 7 2018 6 of 6 72O/ T 2137 .<< ) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Front Range Fire Rescue, 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Codes), 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 6, 2018; 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(1), 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, 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 is a special district which encompasses territory within Weld County and Lorimer 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by noon on the Friday before the 45° day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 43 days prior to the election pursuant o0P/8 i of 6 31 7 6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107,1- 10.5-104, or 1-11-215 C.R.S., except for costs collected from an Interested party" pursuant to § 1-10.5-106 which shall be coNected by the entity conducting the recount. f. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. i. 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 19'". 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 22,x. 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 26t. Jurisdiction must provide the voters ID number on the list of property owners returned to Weld County. Weld County will mail such property owner(s) a ballot by October 15th. 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 J. 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. I. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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 genera! 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. I. Designate Adam Gonzales, Weld County Election Manager, 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 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. k. 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 Timeis of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e. No Waiver of Privileges or immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. g. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon In writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: aonzales( )weldoov.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 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: Christine Champlin Phone: 970-587-4464 After hour phone number: 970-593-0768 or 970-492-5171 Additional Contact Information: Fax: 970-587-0324 E-mail: cchamplin©frfr.co Address: PO Box 130 Milliken, CO 80543 DATED this 6 day of August WELD COUNTY CLERK AND RECORDER Carly Koppes, - and R = rder APPROVED AS TO FORM: County Attorney Front Range Fire Rescue APPROVED AS TO FORM: orriey for Jurisdiction (Signature) , 2018. BOARD OF COUNTY COMMISSIONERS OF T COUNTY OF WELD COUNTY e Moreno, Chair SEP 0 5 2018 ST: +ei the Board of County Commissioners i Deputy Cle to e Board ATTEST: Designated Els n Official for Jurisdiction (Signature) AUG 062018 6 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Berthoud Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority. such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by noon on the Friday before the 45"' day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 43 days prior to the election pursuant 1 of 6 ,7_caS57 6) i. Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 Section 20, Article 10(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 6, 2018, 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(e), The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107,1- 10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208. C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. In order to ensure property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of registered UOCAVA voters. Jurisdiction shall compare said list of registered UOCAVA voters with the district's list of property owners, and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 190. 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 22nd. In order to ensure that property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a Mst 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 26"1. 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 1511. Weld County will charge the $1.25 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). 2of6 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. I. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and poling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(ll)(e)(2), C.R.S h. 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. g. i. Designate Adam Gonzales, Weld County Election Manager. 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 j. 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. k. 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, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or Implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. g. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: E-mail: Address: (970) 304-6566 agonzaleseweldaov.corr) 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: 'DMA Phone: 91D - Iteje2 - aa44 X (1)1 DATED this After hour phone number: 9"i D ' to 4 -' 4.O7 Additional Contact Information: Fax: q7D-- t3a • '5lN l E-mail: Address: Ittexi,40114 Ct 80513 if- day of LI,t V , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, Clerk and\Rhcorder APPROVED AS TO FORM: County Attorney Berthoud Fire Protection District APPROVED AS TO FORM: Attorney for Jurisdiction (signature) �oB 05 940 BOARD OF COUNTY COMMISSIONERS OF T . COUNTY OF WELD COUNTY ve Moreno, Chair SEP (}5.2018 ST:: the Board of County Commissioners Deputy CI tote Board ATTEST: gnated Election Official for Jurisdiction (Signature) AUG 0 6 2018 6 of 6 /f -As e7-416) • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Eaton Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 6 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, induding 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(3Xa), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(bXv), 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 Iof6 /-X374:g6) J• Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107,1- 10.5-104, or 1.11-215 C.R.S., except for costs collected from an Interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mall 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. i. 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 19th. Jurisdiction must provide the voters 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 22nd. 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 26d'. 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 15". 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 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 fist of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. I. By September 7'", Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(!)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(llXe)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). 3of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections j. 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. k. 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, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform In accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, If requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections e. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It €s 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. 5of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales@weidaov.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 3(f) of this Agreement by phone: i �, Designated Election Official for Jurisdiction: Mania, LI�Ci•"Fe s Phone: CC11011 x 115 After hour phone number: N7a)5AD`? Additional contact Information:Fax: 10 0-rgitU`t E-mail: m ttfte!' . -aiTC 7'ft ?' 1. cog Address: 60 80.21Pl We, Vf rG tu for cb SO1 5 /i DATED this ago day of A1v„ , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, and Re APPROVED AS TO FORM: County Attorney Eaton Fire Protection District APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF TH COUNTY OF WELD COUNTY ve Moreno, C air SEP 0 5 2018 ST: �' the Board of County Commissioners eputy Cler Jo ih- Board ATTEST: rAcut, LL±1s ey for n (signature) Designated Election Official for Jurisdiction (Signature) risdictlo AUG 0 2 2018 6 of 6 020/S-02837 96) R Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections City of Dacono, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 02047,a837070 6-) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. j. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 d Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J• The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 1 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: 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: Designated Election Official for Jurisdiction: Phone: 363. 733, Jan X/,2. After hour phone number: 303. 77.S 3SR) 9 Additional Contact Information: Fax: Zr . 65J 8' E-mail: V4cl l @. 11 b�cQ a Gok o. Address: 'f . 4 . " C /� ha_c o',Lc) 1 Gb g a DATED this a day of WELD COUNTY CLERK AND RECORDER Carly Koppes, APPROVED AS TO FORM: Cou ' orney City of Dacono Joe Ba = r, . yor (Signature) , 2018. BOARD OF COUNTY COMMISSIONERS OF TE COUNTY OF WELD COUNTY ve Moreno, Chair SF � 5 2018_ ST: dir-4/0 G 'e/�;ti the Board of County Commissioners Deputy Clerto the Board ATTEST: Designated Election Official for Jurisdiction (Signature) JUL 12 2010 6 of 6 O2o/ef-a i37't6/0 /O (j Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Frederick, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 ozo/r- a1.51-14/1 6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45'" day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 42 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 Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. J. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7'h, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(Il)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 of6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: E-mail: Address: (970) 304-6566 agonzales a,weldgov.com 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: 2C) k After hour phone number: Additional Contact Information: Fax: 12"j S�Z 5'S2 -O E-mail: 1N\I''\0.Y- ed,_t.Yi&QO. 0\1 Address: 1()k LOUKS- Pct EciK (435 Frtc .v ke9k O c‘cffoo -- DATED this 0 day of .) tall�j WELD COUNTY CLERK AND RECORDER Carly Koppes, CI and Reco APPROVED AS TO FORM: County Attorney APPROVED AS TO FORM: Town of Frederick Attorney for Jurisdiction (Signature) , 2018. BOARD OF COUNTY COMMISSIONERS OF TH COUNTY OF WELD COUNTY ,'" e Moreno, air SEp pfi 201) the Board of County Co missioners Deputy Cle ATTEST: Desi'at?tdted Election (Sig JUL 12 2018 sdiction 6 of 6 020/8-af374'1/ �`2 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Gilcrest, 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 /t_23?io2(I) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. J. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S 9. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J• The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales@weldoov.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: 1_ Designated Election Official for Jurisdiction: Gall Odev& au ►14 Phone: (q70) 737- 0711674 �J After hour phone number: Additional Contact Information: Fax: (470) 737- 2? E-mail: qa1% Q hum Address: PO FAX /22 6i/cres4- !moo $04x3 DATED this aZS-N day of WELD COUNTY CLERK AND RECORDER Carly Koppes, erk and Re • der APPROVED AS TO FORM: Coun Attorney Town of Gilcrest APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY ve Moreno, hair SEP 0 5 2018 S: •t,C, e Board of County Commissioners Deputy Clerk , • the EST: Jurisdi o (-,?nature) .`""'' Designated Election Official for Jurisdiction (Signature) 6 of 6 AUG 01 2018 02o/8- 57 102 (e) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Nunn, 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, and 29-1- 203, et seq., G.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 The i wit ci Ail4n , 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 o2,9/cfr a��71/Z (0 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45"' day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 42 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 Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. 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. g. j. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. k. 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(i)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three In each such county. §§ 1-5-102.9(1)(6), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(11)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzalesLweldgov.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: ('4O Phone: q`7© 497- a'3g6After hour phone number: 970 4%3 - 7 Additional Contact Information: Fax: g9 7 -d -d 540 /' E-mail: M) N O G,24 0Q e /'ik / ' Address: O ,150(7V-1,24 /'7 I NU 1411( &I) gOeptie 28 day of Au test , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, C = nd Reco APPROVED AS TO FORM: County Attorney Town of Nunn APPROVED AS TO FO DENISA L. HAAG STATE COLOLR DO NOTARY ID 20064027853 �MI&SION EXPIRES JULY 18, 2022 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY teve Moreno, Chair $EP 0 5� ,2,0118 EST: �i..d�pLeA) �C ; e1 to the Board of County Commissioners eputy C , t� the Bo esignated Election Official for 4t� diction tgnature) AUG 2 8 2018 6 of 6 oZo/B-ar37 /36) I Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Poudre Valley Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 is a special district which 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 42 days prior to the election pursuant ac1f,oleo 7 0 () • J• Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. i. 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 19th. 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 22"d 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 26th. 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 15th. 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 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. I. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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 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. k. 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, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. g. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: 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 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: Beverly R. McBride Phone: (970) 416-2837 After hour phone number: (970) 231-1203 Additional Contact Information: Fax: (970) 416-2809 E-mail: bmcbride@poudre-fire.org Address: 102 Remington Street Fort Collins, CO 80524 DATED this 27 day of August WELD COUNTY CLERK AND RECORDER Poudre Valley Fire Protection District Carly Koppes, and Re APPROVED AS TO FORM: VED AS TO FORM: Attorney for Jurisdiction (signature) , 2018. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY e Moreno, Chair Sp 0 5 2018 T: ..4erAt4.1 .:d.ci o the Board of County Commissioners eputy Crk t the Bo ATTEST: Dsignat (Signature) lection Official for Jurisdiction AUG 2 8 2010 6 of 6 a- a83 74/46) 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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 6, 2018, 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 of6 otp/f- atf 371* -/.1-6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. g. k. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S 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. g. Designate Adam Gonzales, Weld County Election Manager, 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. k. 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, 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 Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorder's Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzalcs@weldoov.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 Elction Official for Jurisdiction: W 1\1O / 'P Phone: IV a I'3 - 9913 !3 After hour phone number: SI 2 02- g. attar - Additional Contact Information: Fax: , I M 3 - 512g3 E-mail: v‘14) ,. r Address: L7 O Tr -r T Ltliela-NO) (4) SD DATED this I if day of kvt MAST WELD COUNTY CLERK AND RECORDER Carly Koppes, C and Re r APPROVED AS TO FORM: Coun y Attorney APPROVED AS TO FORM: Thompson School District R2 -J Attorney for Jurisdiction (Signature) , 2018. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Chair SECPP 05 2018 W' TTEST: 4/ 4/1l • '41 le to the Board of County Commissioners eputy CI ATTES k to he Designat- *'"ction Official for Jurisdiction (Signature) AUG 15 2018 6 of 6 02oaa-01,37 #75() Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Greater Brighton Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 is a special district which 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45th day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(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 42 days prior to 02.0 -aZ3 Obi(G) 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 Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 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 Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. f Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. In order to ensure property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of registered UOCAVA voters. Jurisdiction shall compare said list of registered UOCAVA voters with the district's list of property owners, and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 19th. 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 22nd. 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 26th. 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 15th. 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 J. 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. I. By September 7t", Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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 During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h 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 Adam Gonzales, Weld County Election Manager, 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 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. k. 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, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. g. Entire Agreement, Modification, Waiver of Breach This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 APPROVED AS TO FORM: County Attorney Greater Brighton Fire Protection District APPROVED AS TO FORM: Attorney for Jurisdiction (}; nature) Designated Election Official for Jurisdiction (Signature) DATED this Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales@weldaov.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 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: Greater Brighton Fire Protection District Phone: 303-659-4101 After hour phone number: 303-591-6892 Additional Contact Information: Fax: 303-659-4103 E-mail: mbodane@brightonfire.org Address: 500 S. 4th Ave., 3rd Fl. Brighton, CO 80601E day of-�llij,),�C-I , 2018. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, .. rk and R= c,,. der � ` ve Moreno, Chair SEp 0 5 20//18 EST: W:dr-AdAl o the Board of County Commissioners Deputy Cler jto the Board ATTEST: ti AUG 2 3 2018 6 of 6 D/ - Z 7 i/ 62 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 AUG 27�Bd O5744/76) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. 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 § 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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, provide at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, provide at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5- 102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9((2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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 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. k. 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. 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: 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: Dawn Quintana, Deputy City Clerk Phone: 303-651-8648 After hour phone number: 303-960-2427 Additional Contact Information: Fax: 303-651-8590 E-mail: dawn.quintanalonqmontcolorado.qov Address: 350 Kimbark Street, Longmont, CO 80501 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Proofread DATED this a%k:IN day of , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, CI BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY and Rec • -r Steve Moreno, Chair APPROVED AS TO FORM: EST: County Attorney City of Longmont Mayor APPROVED AS TO FORM: ATTEST: SEP 0 5 2018 he Board of County Commissioners uty Clerk the LQ tt Deputy City ttot'ney V Designated Election Official fo J 6 of 6 02D/i-olff37* 76) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Kersey, 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c Establish order of names and questions 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 1 of 6 ao/g.O11,,7 //(1) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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 During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S 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 Adam Gonzales, Weld County Election Manager, 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. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales@weldoov.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. A fi e Phone: qt* 3 OA I After hour phone number: 10 Del- 41 Additional Contact Information: Fax: 910.35 - Z 1 91 E-mail: \) ' ''( IrP'e�w Address: DATED this eCk i557, CD 2 day of CTViC r15+ , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, rk and R APPROVED AS TO FORM: TTEST: v• 'e1 the Board of County Commissioners BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Chair SEP 0 5 2018 County Attorney Town of Kersey APPROVED AS TO FORM: Attorney for Jurisdiction (signature) Deputy Cler2 o t = =oard ATTEST: Desinated Election Office=I for Jurisdiction (sign AUG 2 8 2018 6 of ao76?-aaaT1176962 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Hudson Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 is a special district which 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a, To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b, Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 1 of 6 oi8, aM7W6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, or 1-11-215 C.R.S., except for costs collected from an "Interested party" pursuant to § 1-10,5-106 which shall be collected by the entity conducting the recount. f, Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. In order to ensure property owners are accurately represented in special district elections, Weld County will provide Jurisdiction with a list of registered UOCAVA voters. Jurisdiction shall compare said list of registered UOCAVA voters with the district's list of property owners, and provide Weld County with a list of property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 19t". 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 2264 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 26th, 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 15th, 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 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. I. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service andpolling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(ll)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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 j. 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. k. 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, 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. 4of6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone; Phone: (970) 400.3178 Additional Contact Information: Pax: E-mail; Address: (970) 304-6566 aaonzales a(�weidaov.com 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: aepu- Designated Election Official for Jurisdiction: Su. E?. to 1 E2 l(t o_i4 6 tax' Phone: 30:3- 3S 1.14 9 ?7 After hour phone number: '('3 -(GC) Additional Contact Information: Fax: 31:)- 39.1- -19 Col E-mail: 1 t4. E A c x 5 4' C.of`o9_14 c& , corn Address: 79`?,S 7~. Pre1-41 r..C. Awe Su te /0'.3r see"MU ,C(. LPL/4 e, Cu X1701 DATED this day of.,v-- , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, C APPROVED AS TO FORM: County Attorney Hudson Fire Protection District APPROVED AS TO FORM: (3,/ Attorney for Jun { BOARD OF COUNTY COMMISSIONERS OF T COUNTY OF WELD COUNTY aeo 303.53tl.0f 3v3 -531,,-O1 tvd LLtt ^ 3v3 Si�S•A`t(. r4 -ebb, wet' Moreno, hair SEP 0 5 the Board of County Commissioners uty CIer3 to the Board ATTEST: Offici al ial for Jurisdiction (Signature) AUG 2 4 2018 Elec ion 6 of 6 0O/J- 57t)Ref') Exhibit B Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Berthoud, 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 Lac 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of6 ao/1- al:5 7 ado 6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. j. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(ll)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(Il)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). j• The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: E-mail: Address: (970) 304-6566 agonzales@weldgov.com 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: Tvu,n oP J e,.,41-, 0 -ad Phone: y'7o After hour phone number: 'NO -900 6511 Additional Contact Information: Fax: ci7U -Nv'70 E-mail: ec�#t'1cTrCJfiiic Address: 807 CoIo' dr) chill �a i 0673 x DATED this vn"`1 day of 11/54- _, 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, CI - = nd Reco APPROVED AS TO FORM: County Attorney Town of Berthoud APPROVED AS TO FORM: k ‘2 &/,‘,1 ��; Attorney r Jun dicfot (Signature) Yf� � 441 O BOARD OF COUNTY COMMISSIONERS OF TH COUNTY OF WELD COUNTY the Board of County Commissioners eputy Cie ATTEST: Designated Election O .. t' • z al f•JiLR7'diction 6of6 AUG 2 3 2018 e2 o/f - A61,3 ' ' ° 6 j • 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 /1. o 7 oV (;) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. j. Mail ballot issue notices pursuant to § 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 § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. g. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S 9. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: 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: Designated Election Official for Jurisdiction: Phone: . "l5 O After hour phone number. 0 -.31I - L1Q ei Additional Contact Information: Fax: q-1D_33b-I1a E-mail: 1<r✓awl Address: 11 DO 27 410- S c-tik Vol/wk.-el EVaiN Si CO X). DATED this day of n \ O)S1 J , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppe M.-rk and -`' ord APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTYteve Moreno, hair SEp 0 5 2018 EST: ..-d o;e1 County Attorney Deputy CleL to the Board APPROVED AS TO FORM: Attorney for Jurisdiction (Signature) ATTEST: City of Evans Designated Election Official for Ju iction (Signature) AUG 2 2 2010 6 of 6 poi, -a'57 oV (; Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Central Colorado Water Conservancy District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 37, 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 6, 2018; 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(1), 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, 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 is a special district which encompasses territory within Weld County and Q,darn5 .bLL n4-►i and WAoraart 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 1 of 6 0p/f- te37 i�. Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 and personal property owners that reside out of Weld County pursuant to Colorado Constitution Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. J• In order to ensure property owners and personal 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 personal property owners, and provide Weld County with a list of property owners and personal property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 19m". 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 22nd In order to ensure that property owners and personal 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 personal property owners, and provide Weld County with a list of property owners and personal property owners that are eligible to vote within the special district but who are not registered voters within the special district by September 26th. Jurisdiction must provide the voter's ID number on the list of property owners returned to Weld County. Weld County will mail such 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections property owner(s) a ballot by October 15th. Weld County will charge the $1.25 for each property owner ballot mailed in addition to any charges specified in above Section 3(e). k. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously fon/yarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. I. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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 and personal 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(1)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(1)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(li)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(ll)(e)(2), C.R.S h. 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. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). j. 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. k. 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, 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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, expressed 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 expressed 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzalesCa�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 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: bar t.ielle- 1,0aCanrnor) Phone: (-zu) 330-- 454-0 After hour phone number: (c11O) 313 " lD 2c2 Additional Contact Information: Fax: 016) 331-- 451--c0 E-mail: ckmacannor, CCwe.d. dr Address: 3709 \4. 2E5 34-+t?2-- Greeley , CO Eoto34- DATED this 2.1$"-Fday of f\1i;.AS-1- , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, -, and Rec APPROVED AS TO FORM: County Attorney Central Colorado Water Conse ancv, District APP 3e . _ D A O FOR Attorney for Jurisdiction ignature) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY L Steve Moreno, Chair SEP 0 5 2018 TEST: WoirA4.4.) the Board of County Commissioners Deputy Clef to t e Board ATTEST: Designated ilection Offi ial for Jurisdiction (Signature) AUG 2 2 2018 6 of 6 OD/1J 57 *o6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Mountain View Fire Rescue District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 is a special district which 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45th day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(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 42 days prior to 1 of 6 02o/8.-0286 7 0I, (i) 0 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 Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 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 Section 20, Article 10(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. i. 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 19th. 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 22nd. 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 26th. 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 15th. 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 % 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. I. By September 71h, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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 j. 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. k. 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, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. g. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: aaonzales(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 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: M0,01-4‘---be-ljtir Phone: 3©3 -'l "1 a - O-1 1O After hour phone number: Q'i —5 S to 369 (-1/ Additional Contact Information: Fax: 3C) - (0 5 1- 11 oa E-mail: (1-vi2X1-Qr' e my q)d. o j Address: 36 Col N. SAT.L5-e_. Co 0.01 t Ioci(A L_br iyhOrA-- Cp $ v 5 O `; DATED this U day of ✓ q USfr , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, APPROVED AS TO FORM: County Attorney Mountain View Fire PROV 6of6 scue Di trict FORM: IC ion (Signature) AUG 2 2 2010 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Chair SEP 00 5 2018 EST: dderAthd Jeft04 the Board of County Commissioners Deputy Clerto th - Board ATTEST: 321\iti-D4 Designated Election Official for Jurisdiction (Signature) c'o/o_a. U3 7 'eZ'3 6) 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 AUG2016 taff 37'a./C) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. j. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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 Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: E-mail: Address: (970) 304-6566 agonzales@weldoov.com PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Johanna Small, City Clerk Phone: 303-450-8757 After hour phone number: 303-594-6970 Additional Contact Information: Fax: 303-450-8798 E-mail: jsmall@northglenn.org Address: 11701 Community Center Drive Northglenn. CO 80233 DATED this a� ' `� day of \P\-V,0,t,v, 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, - • and Re APPROVED AS TO FORM: County Attorney City of Northglenn APPROVED AS TO FORM: Att6P1Wy for fiction (Signature) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY i teve Moreno, Chair SEP 0 5 2018 TEST: ler o he Board of County Commissioners Deputy Clerk,'o the Board CJZY OF NO'FRTHG Carol A `Dodge, Mayor ATTES AUG 2 2 2018 ted Election Official for Jurisdiction 6 of 6 020/1- cf.3 71'6.0246) • Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Hudson, 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 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 c O/I igg,57 ors �� Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J• The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: itammalcsmweidgov.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: a0a 534931 ! After hour phone number: 120 Additional Contact Information: Fax: P6.f1.153 E-mail: Address: or 000 qad &✓t GO oz.! 2 tim5 DATED this -a � day of ' k\q„1-* , 2018. WELD COUNTY CLERK AND RECORDER Carly Koppes, C : and Rec. r APPROVED AS TO FORM: County Attorney APPROVED AS TO FORM: Aty fH Jurisdi ti ignature) Town of Hudson BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY ' J/Z.C teve Moreno Chair sF 5 18 TEST: ddr$444) G: o the Board of County Commissioners eputy Clerto t - Board ATTEST: Designated (Signature) AUG 2 2 2018 risdiction 6 of 6 Memorandum of intergovernmental Agreement For Conduct of Coordinated Elections Frederick -Firestone Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 6, 2018; 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(1), 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, 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 is a special district which encompasses territory within Weld County and N/14 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 6, 2018, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. To do all tasks required by law of designated election officials concerning self - nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S. b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 1 of 6 so/S- gs37 tzte(1) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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 Section 20, Article 10(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 Section 20, Article 1b(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 6, 2018, 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(e). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, or 1-11-215 C.R.S„ except for costs collected from an "interested party" pursuant to g 1-10.5-106 which shall be collected by the entity conducting the recount. f. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. g. Mail ballot Issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the political subdivision is located. h. Carry out all action necessary for cancellation of an election including notice pursuant tog 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. i. 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 19th, 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 22nd. 1. 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 26th, 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 15th. 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 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. I. By September 7111, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 X, 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 §§ 1-7-906 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. d. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center In each such county. §§ 1-5-102.9(1)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number ofvoterservice and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C,R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(11)(e)(2), C.R.S h. 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. I. Designate Adam Gonzales, Weld County Election Manager, 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 j, 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. k. 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, Title 32, C.R.S., and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. c. Right of Termination. If Jurisdiction fails to accomplish its obligations, County is relieved of any further obligation under this agreement. Jurisdiction is fully responsible for any actions that result from its failure to meet its obligations. d. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(e) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections e. No Waiver of Privileges or Immunities, No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. f. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement it is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. g - Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections h. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales a,weldoov.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 3(f) of this Agreement by phone: Designated Election Official for Jurisdiction: f� ►� t� 1�- I �r� to) Phone: CI 7L • 49. 3L2 a H After hour phone number: 303 • .9 • a b7 Additional Contact Information: Fax: 97C U2 k..ct• 3-1.11 42 rI E-mail: WA ! +i t�hac�e Address: C i D r r m. -L -E LibL& t ry €1 V suP, 1 ru e... 45s') 'v -I . 1 .bvl ..jrl r) IC D Sa 3 DATED this o2 d day of I , 2018. WELD COUNTY CLERK AND RECORDER C Carly Kopp�k and Re er APPROVED AS TO FORM: County Attorney Frederick -Firestone Fire Protection District APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF TH �COUNTY OF WELD COUNTY /L t�,(2., teve Moreno, o,{Chair $EP 0 5 2018 ST: e the Board of County ommissloners uty Cler ATTEST: Designat (Signature} AUG 21 2011 o thoard 0- ur. s on 6of6 ��-,te-57*a6 6) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Clearview Library 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 6, 2018,General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 8, 2018; 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(1), 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, pursuant to 24-90-112, or 24-90-112.5, the District wishes to issue a Bond or Tax Levy for the purpose of constructing a new facility, 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 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 6, 2018, 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. 1 of6 ogee- 4269 6 ?-*-a 7t%) 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 § 1-5-203(3)(a), C.R.S. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 42 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. g. 1. 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 2 of 6 Memorandum of Intergovernmental Agreement • For Conduct of Coordinated Elections registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. I. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 3109 to leave a voice mail containing the candidates name pronunciation and the office the candidate is seeking. m. Jurisdiction is responsible for compliance with 24-90-101 et seq. This includes meeting any timing deadlines, and providing sufficient time for the Board of County Commissioners to complete any required action. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, 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 J. 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. k. 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 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 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. 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. g. 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 Adam Gonzales of the Weld County Clerk and Recorder's Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: E-mail: Address: (970) 304-6566 agonzalesaweldoov.com 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: EI t..1 NI ICU ►zci Phone:gq.0-bis(.-51,1)3 After hour phone number: 7O 6 -.X)7 -3,11.2 — Additional Contact Information: Fax: f 7a E-mail: DiZ.Ec.-rL,tZd1.„t.EPso) eswzLIaRace-Y .og-ta Address: -2o 3n) Starcr, 1.O DATED this c)/day of WELD COUNTY CLERK AND RECORDER Carly Koppes, erk and '`,order APPROVED AS TO FORM: County Attorney PPROVED AS TO FORM: Clearview Library District Attu rn=, for risdictio (Signature) , 2018. BOARD OF COUNTY COMMISSIONERS OF TH COUNTY OF WELD COUNTY ve Moreno, Chair SEp 0 5 20;8 ST: " the Board of County ommissioners eputy Clerks • the Board ATTEST: Designated Election Official for s diction (Signature) AUG 092010 2 6 of 6 ao/f-a837*a7 (7) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Town of Erie, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 6, 2018, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. 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 6, 2018; 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(1), 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, 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 Town of Erie 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 6, 2018, General 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, 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, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions 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 1 of 6 oZvli -01-157'`a86) Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 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. d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 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 Section 20, Article 10(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 6, 2018, 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) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1- 10.5-104, 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. By approval of this Agreement, any municipality thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. J• Mail ballot issue notices pursuant to § 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 § 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. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections I. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County Election Manager (see contact information in 5(h)), of any changes to the information contained in said list. m. By September 7th, Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext. 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 §§ 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. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(l)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5-102.9(l)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. 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. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(h)). J• The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections k. 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. 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. 4 of 6 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 Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales@weldaov.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: Jessica Koenig Phone: 303-926-2730 After hour phone number: Additional Contact Information: Fax: E-mail: -i koenicr@erieco. qov Address: 645 Holbrook / PO Box 750 Erie, CO 80516 DATED this 14th day of August WELD COUNTY CLERK AND RECORDER Carly Koppes, : k and Re APPROVED AS TO FORM: County Attorney APPROVED AS TO F Town of Erie o ey for Juris . • (Signature) , 2018. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, 9hair SEA 2011 � TTEST: ' G: the Board of County Commissioners Deputy Cler j o the : oard TEST: nated Election ure) AUG 16 2018 6 of 6 oZo/ts• at* 3 7 '#a2,0) Hello