HomeMy WebLinkAbout20162872.tiffMemorandum 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 8, 2016, 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, 2016; 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 8, 2016, General Election.
The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk or designated election official for initiatives,
referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-
118 and 22-30-104(4), C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination of
candidates by petition, including, but not limited to: issue approval as to form, where
appropriate, of nominating petition; determine candidate eligibility; receive candidate
acceptance of nominations; accept notice of intent, petitions for nomination, and
affidavits of circulators; verify signatures on nominating petitions; and hear any protests
of the nominating petitions, as said tasks are set forth in any applicable provisions of
Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S., and
those portions of the Colorado Municipal Election Code of 1965, Article Y of TI"o4 -
adopted by reference pursuant to § 1-4-805, C.R.S. 2016-2872 1
c. Establish order of names and questions for Jurisdiction's portion of the ba1R... a� �� bultI l lit /
to the County Clerk in final form. The ballot content, including a list of candidates, ballot
64 66O21
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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 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 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 8, 2016, 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.
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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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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(g)).
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 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. 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.
d. 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.
e. 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.
f. 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
g. 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:
w
Designated Election Official for Jurisdiction:Vixi-e 1 aitAldvr
Phone:
Additional Contact Information:
Fax:
E-mail: V frL` 1 a Gl DJCLJd.0(AAA,(A
Address: '20
DATED this / o2 -T1 day of
WELD COUNTY CLERK AND RECORDER
�tio v ���. ♦ �v
Carly Koppes, k and Re o er
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman hair E�1 2 20'3APPROVED AS TO FORM: ATTEST: daril4A)
County Attorney
City of Dacono
A ROVED AS TO FOR
ATTEST:
Att• ney for Jurisdi ion (Signature)
CI
to the Board of County Commissioners
eputy CI
to t
ion Official for Jurisdiction
6 of 6
O20/4,- aULZ (1)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
The Town of Firestone, 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 8, 2016, 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, 2016; 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.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 8, 2016, 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 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., 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 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/6, . ate 7.2- y)
PUS I NMHtit�LU rtui,wr, « VC
C
1 of 6
AUG 1 7 '16 AUG 1 9 '16
WELD COUNTY ELECTIONS
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 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 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 8, 2016, 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.
9.
h. Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
i. By approval of this Agreement, the Jurisdiction 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 Jurisdiction 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.
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
2 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Election Manager (see contact information in 5(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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, including
but not limited to, mailing to each active registered elector, a mail ballot packet
pursuant to C.R.S. § 1-7.5-107(3)(a).
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(g)).
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
3 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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. 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.
d. 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.
e. 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
4of6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
f. 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.
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: Carissa Medina
Phone: 303-531-6264
Additional Contact Information:
Fax: 303-833-4863
E-mail: cmedina cni firestoneco.gov
Address: PO Box 100, Firestone, CO 80520
5 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
DATED this Old day of
WELD COUNTY CLERK AND RECORDER
C
Carl Ko es erk an ecord
y pp er
APPROVED AS TO FORM:
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman, Chair SEP 12 Z 16
ATTEST: �(/,�
lero the Board of County Commissioners
County Attorney eputy Cler ? to the Board
TOWN OF FIRESTONE
APPS OVED AS TO FORM:
Attorn for Jurisdiction (Signature)
WN OF FIRESTONE:
ul Sorense
Signature)
ATTES
Carissa Mettlna, T n Clerk
o / _ 021'7.2-6-)
6 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
City of Fort Lupton, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 8, 2016, 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, 2016; 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 ag e as fellows:
1. The Jurisdiction encompasses territory within Weld County and .\
tc
County. This Agreement shall be construed to apply only to that portio \•f the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 8, 2016, 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 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., 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, inVetrimAgOof cRrpr VE allot
o/6. 8702()
JUL 2.0 `16 JUL 2 5 '151 of 6
WELD COUNTY ELECTIONS
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 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 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 8, 2016, 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.
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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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(g)).
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 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. 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.
d. 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.
e. 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.
f. 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
g. 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:\
Phone: --\,--•\‘\\v\.\.O\
Additional Additional Contact Information:
Fax:
E-mail:
Address:
DATED this 0114 day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes C and R order
\I1 , ‘Z‘b*\
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman, Chair SEP 1 2 2016
APPROVED AS TO FORM: �� 1�� ATTEST: W.,46rAki JC1,60'oi
Clerkto the Board of County Commissioners
County Attorney
City of Fort Lupton
APPROVED AS TO FORM:
sdiction (Signature)
(Signature)
eputy Clerk the Board
ATTEST:
Designated Election Official fo risdictionn
`�
1- f7e2 (5)
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 8, 2016, 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, 2016; 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 8, 2016, 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 and 22-30-104(4), C.R.S.
t 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
a 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., and
'6c 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.)
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,z0,-aS70260
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'h 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 8, 2016, 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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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(IXA), 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(HXll)(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(g)).
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.
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. 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.
d. 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.
e. 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
g.
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 anweldoov.com
Address: PO Box 459, Greeley, CO 80632
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in Subsection 3(h) of this Agreement by phone:
DATED this
Designated Election Official for Jurisdiction:
Phone:
Additional Contact Information:
Fax:
E-mail:
Address:
day of
, 2016.
WELD COUNTY CLERK AND RECORI3ER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly y Koppel, C c and Recorder !�, Mike Freeman, Chair
id4&�•TTEST:
the Board of County Commissioners
'A,
APPROVED AS TO FORM:
County Attorney
APPROVED AS TO FORM:
TOWN OF GILCREST
puty Clerk • the B. = rd
ATTEST:
Designated Election
(Signature)
icial foi'Jurisdictiaon
6 of 6
oZo/G-aJ-7a(�)
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 8, 2016, 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, 2016; 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 8, 2016, 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 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., 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
f'US I IVIHKKLU RECEIVED
OZv/-Z(702 (cob
AUG 1 9 '16 AUG 2 2 '16
WELD COUNTY ELECTIONS
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 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 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 8, 2016, 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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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)(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(g)).
The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
3 of 6
Memorandum of 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 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. 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.
d. 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.
e. 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.
f. 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
g. 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: agonzalesa,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:
DATED this
Designated Election Official for Jurisdiction:
Phone: 33 630 311
Additional Contact Information:
Fax: 30b- 53(0 1-I'3-53
E-mail: b - eIllUd50Y1 co(yrad o. of -q
Address: Po (plc &5 / l"� � 551- r7 ..J1'r
H-udsoil , Co e3001- z
12etAecc& L. Wech+
3rr
day of
, 2016.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
CJQ
Carly Koppes, Cale k and c rder
APPROVED AS TO FORM:
County Attorney
Town of Hudson
Attorn%r fc(r Jurisdi oa'(Signature)
APPROVED AS TO FORM:
ATTEST:
Mike Freeman, Chair 12 (l1�
ATTEST: v i •A
Cle to the Board of County Commissioners
Designated Election dial for Jurisdiction
(Signature)
nP6
6 of 6
.92 8/.- 7a(‘)
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 8, 2016, 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, 2016; 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 Lf G{l(�i'yj -S
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 8, 2016, General Election.
C-)
EJJ
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., 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
oto /60 09—k `7,2 0")
1 of
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 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 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 8, 2016, 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.
g.
J.
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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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
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(g)).
The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
3 of 6
Memorandum of 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 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. 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.
d. 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.
e. 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.
f. 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
g.
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(aiweldaov.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 Jurisdicti• Dl I
Phone: 303 '6,55—'3h '
Additional Contact Information:
Fax: 303 —Ca S5 -g3&
E-mall:►mmendO2 oCi--110L-t ie.o
Address: 1 63 l.A.)Cii2 31 L_Anc . 0.0
C.A 03
DATED this day of
WELD COUNTY CLERK AND RECORDER
Car y Koppes, CI
APPROVED AS TO FORM:
County Attorney
Town of Lochbuie
APPROVED AS FORM:
A 'orney for J .%icti• ' (Signature)
der
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman . Chair
Wja
ATTEST: dltrsAi
(01a
ler o the Board of County Commissioners
puty Cler / o the Board
ATTEST:
nated Election O icial for 1jdiction
ure)
6 of 6
020/ - a 17,2_ (1.)
Aug 30 16 02:37p Town of Nunn
From: Greg Sell Fax (973) 2_24-9189
9708972540 p.2
To: 1-970-897-2540rcfex. Fax: +19708a725413 Page 2 of 7 OBI30/201€ 1:30 PM
Memorandum of intergovernmental Agreement
For Conduct of Coordinated Elections
Town of Nunn, hereinafter referredto 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 tows "County Clerk," concerning the
administration of the November 8, 2016, .General, Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rulesand 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 pursuantto 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, 2016; 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 8, 2016, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities: c
a. Conduct all procedures required of the clerk or designated election offciaI
initiatives, referenda, and referred measures under the provisions of §§ 311-1
through 31-11-118 and 22-30-104(4), C.R.S.
Pie
,)b. To do all tasks required by law _of designated election officials concerning nominal
of candidates by petition, including, but not limited to: issue approval as to forreowh,
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 §§ 1-4-5.01, 22-31-103, and 22-31-
107. C.R.S., and those portions of the Colorado Municipal Election Code of 1965.
Article X of Title 31, as adopted by reference pursuant to § 1-4-00.5, 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
I of 6
Aug 30 16 02:37p Town of Nunn
From: Greg Bell Fax: (973) 224-9188
9708972540 p.3
To: 1-970-897-2540grcfax. Fax: +1970897:540 Page 3 of 7 0BI3012016 1:30 PM
1•
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.$. 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 clone 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
informationmust 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
64'h 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 8, 2016, with a $200 minimum, within 30 days of billing, regardless of
whether or net: 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
conductingthe recount.
g.
h. Designate_ an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
i. By approval of this Agreement, any municipality thereby resolves to not use the
provisionsof the Colorado Municipal Election Code, except as otherwise set forth
herein .or as its use' is specifically authorized by the Code.
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.
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
Aug 30 16 02:37p Town of Nunn
From: Greg Ball Fax: 1970) 224-9168
9708972540 p.4
To: 1-970-897-25404erc1ax. Far: 4-1970897254C Page 4 of 7 08/30/2016 1:30 PM
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
L 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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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 pelting 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. §§ 1-5.102.90H)(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
g•
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.
1. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison
or contact between the County Clark and the Jurisdiction (see contact information in
5(9)).
3 of 6
Aug 30 16 02:38p Town of Nunn
From, Greg Bell
Fax. (970) 224-9198 To: 1-370-S97-2540@rcfax. Fax: +19708972540
9708972540 p.5
Page 5 of 7 08/30/2016 1:30 PM
J.
Me rnorandu in 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 shahperform all
recounts required by the Code.
5. Additional Provisions
a. Timeof the Essence.
Time is of the essence in this Agreement. The -statutory time frames of the Code shall
apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with Law.
This Agreement shall be interpreted to be consistent with the Code, provisions of Titles
31 and 22 applicable to the conduct of elections, and the Colorado Election Rules
contained in 8 G.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes, this Agreement and the Colorado Election Rules, the statutes shall first
prevail, then this Agreement and lastly the Colorado Election Rules.
c. 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 sale and exclusive remedy for damages available to the jurisdiction under this
Agreement.
d. 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.
e. No Third Party Beneficiary Enforcement.
4 of 6
Aug 30 16 02:38p Town of Nunn
From: Greg Bell Fax: (970) 224-9186
9708972540 p.6
To: 1-970-897-2540@iclax. Far-. •19706972540 Page 6 of 7 08130!2016 1:30 PM
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to sech. 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.
f. 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,
novaliori, renewal, or other.alteratidn of or to this Agreement and any attached exhibits
shag be deemed valid or of any force or effect whatsoever, unless mutually agreed
upon in writing by the undersigned parties, No breach of any tent, provision, or clause
of this. Agreement shall.: bedeemed waived or excused-, unless suchwaiver 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
Aug 30 16 02:38p Town of Nunn
Fram: Greg Belf Fax: (970) 2249168
9708972540 10.7
To: 1-970.897-2540@rcfax, Fax: 4-1 07 08 97 2540 Page 7 of 7 0813012016 1:30 PM
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
g. 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-.5566
E-mail: agonzales@weldoov.com
Address: PO Box 459, -Greeley, CO 80632
w
CD
Notice provided for in this Agreement shall be given to the Jurisdiction. ele
official referred to in Subsection 3(h) ofthls Agreement by phone: co
Designated Election Official for Jurisdiction:
Phone: '70 -.8c1"7.-3
Additional Contact Information:
Fax: QIO 491- a 671.0 j
E-mail: np'� n Gc,r-iri Jerk C eo, L 1t ilk, tzv
III. g Address: , >� , �� 1J' ti ,n -e: I it, ,i'( (,GQ,
?V.V1 r? I f t2 17,GLf
DATED this day of aiA.-
, 2016.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Ca y Koppes , CI = r' and `'!* • rder
APPROVED AS TO FORM:
TOWN OF NUNN
APPROVED AS TO F
ney1orJurfSdiction (stjneture)
7464-137P
Ball, Gould, L/iiciet s . ; Pc
louJh /- oven%S
Mike:Freeman, Sri, 1
� •
e,e,
ATTEST: - �
CIe • the Board of County Commissioners
puty Cler ; to the Board
ATTEST:
Designated El
(Signature)
n Offici for .iurisdlct
NI at' 6 gf-i&eitAl)j
o20/40 - PZT?a (-7)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Town of Windsor, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 8, 2016, 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, 2016; 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 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 condt the
November 8, 2016, General Election.
CP
C7)
3. The Jurisdiction agrees to perform the following tasks and activities: N
c
r -
a. Conduct all procedures required of the clerk or designated election Tlfici0 for
initiatives, referenda, and referred measures under the provisions of §§a11-1,11. 01
through 31-11-118 and 22-30-104(4), C.R.S. w gil
cn
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., 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
1 of 6
02,0 /zo. — t7 -2-(t)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 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 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
64`h 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 8, 2016, 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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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(g)).
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. 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.
d. 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.
e. No Third Party Beneficiary Enforcement.
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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.
f. 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.
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@weldgay.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: Patti Garcia -Town Clerk/Asst to Town Mar
Phone: (970) 674-2404
Additional Contact Information:
Fax: (970) 674-2456
E-mail: paarcia@windsorgov.com
Address: 301 Walnut Street, Windsor, CO 80550
5 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
DATED this day of F , 2016.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, Clerk Rec d
P9Th
APPROVED AS TO FORM:
ounty Attorney
Town of Windsor
Ian D. McCargar, Town Attorney
Mike Freeman, Chair
SEP 12ZO
ATTEST: dctrAdA)•aClh►��
Clerk to the Board of County Commissioners
puty CI
APPROVED AS TO FORM:
ATTEST:
Patti Garcia, Town Clerk
6 of 6
o,C, -gj7a- (r)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -1, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 8, 2016, 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, 2016; 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 Jurisdi on
within Weld County. G-)
w
C
2. Term of Agreement: This Agreement is intended only to deal with the conduct oflhe
November 8, 2016, General Election. X,,
na
3. The Jurisdiction agrees to perform the following tasks and activities:
M
J r,
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., 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
o.o/� -7� t9)
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 8, 2016, 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.
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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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
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(g)).
The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
3 of 6
Memorandum of 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 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. 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.
d. 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.
e. 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.
f. 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
g.
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: 970-737-2403
Additional Contact Information:
Fax: 970-737-2516
E-mail: hunterj@wcsdrel.org
Address: PO Box 157 14827 WCR 42
Gilcrest, CO 80623
Jan Hunter
DATED this 17 day of August , 2016.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, CI and ' -c• der
APPROVED AS TO FORM:
itikt
it/
puty CI -/ to the Boar
County Attorney
Weld County School District RE -1
APPROVED AS TO FORM:
d
Jurisdi n Si (Signature)
rney for c ( g )
Mike Freeman, Chair su
ATTEST:
„drii A) A16
lerk to the Board of County Commissioners
ATTEST:
Designed Election Official for Jurisdiction
(signature
6 of 6
02,0 /6, - O2�'%t (9)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
St. Vrain Valley School District RE -1J, hereinafter referred to as "Jurisdiction," does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to
as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 8, 2016, 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, 2016; 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 Larimer, Boulder, Broomfield
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 8, 2016, 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 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., 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
POSTMARKED RECEIVED I of 6
AUG 25 '1G AUG 29
WELD COUNTY ELECTIONS
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 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 1 0(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 8, 2016, 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.
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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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
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(g)).
g.
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 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. 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.
d. 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.
e. 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.
f. 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.
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
5 of 6
County Attorney
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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: Greg Fieth, Chief Financial Officer
Phone: (303) 682-7203
Additional Contact Information:
Fax: (303) 682-7343
E-mail fieth gregory a.svvsd.orq
Address: 395 South Pratt Parkway, Longmont, Colorado 80501
DATED this
day of
WELD COUNTY CLERK AND RECORDER
et\ -Q
Carly Koppes, CI nd R_ co . er
APPROVED AS TO FORM:
,e 4--(ze
St. Vrain Valley School District RE -1J
St. Vrain y School Di
Robert J. Smith, P "sid
APPROVED AS TO FORM:
St. Vrain Valley School District RE -1J
ATTEST:
Attorney for Jurisdiction
Catherine A. Talierico
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
rk t• he Board of County Commissioners
ty Clerk tthe Board
St. Vrain Valley School District RE -1J
Greg Fieth, DeZated Election Official
6 of 6 /
O/� 7O2. ie/
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 8, 2016, 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, 2016; 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, 1-7-116, 22-30-
104(2), 22-31-103, 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 Larimer County and
Boulder County. This Agreement shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 8, 2016, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Except as otherwise set forth herein, conduct all procedures required of the clerk or
designated election official for initiatives, referenda, and referred measures under the
provisions of §§ 22-30.5-119 and 405; 22-31-103 to 107; 22-32-127; 22-40-102 and
110; 22-42-102; and 22-54-107.5 to 108.7, C.R.S.
b. To do all tasks required by law of designated election officials.
c. Establish order of questions for Jurisdiction's portion of the ballot and submit to the
County Clerk in final form. The ballot content, including 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, C.R.S.,
and Colorado Constitution Article X, 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�mit-„gn commentshall
h ll be done by
I mr�K tU 4_0/6 , ak7A-6( )
itUO 3 0 '16 SEP - 2 '16 1 of 6
WELD COUNTY ELECTIONS
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
the Jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The full
text of any required ballot issue notices must be transmitted to and received by the
County Clerk no 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 Article X, Section 20(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. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 8, 2016, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. If the Jurisdiction cancels the election before
its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County,
and prior to the County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses under this Subsection 3(g). The
Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-101(2),
104, and 107, or 1-11-215, C.R.S., except for costs collected from an "interested party"
pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount.
Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
h. 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.
j. 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-
206(5), C.R.S.
g.
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 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(g)), of any changes to the information
contained in said list.
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, designate 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)(I)(A),
C.R.S.
e. On Election Day, designate 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)(a)(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(1)(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(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(g)).
j.
The County Clerk shall appoint and train election judges and this power is 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 Titles
1 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. 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.
d. 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.
e. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other, or subsequent,
breach.
5 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
9
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: agonzalesCu7weldgov.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: Wendy Kryah
Phone: (970) 613-5013
Additional Contact Information:
Fax: (970) 613-5088
E-mail: wendy.kryah@thompsonschools.org
Address: 800 South Taft Avenue, Loveland, CO 80537
DATED this /� day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, CI and a order
APPROVED AS TO FORM:
County Attorney
Thompson School District R2 -J
APPROVED AS TO FORM:
t �t
Attorney for Jurisdiction (Signature)
BOARD OF EDUCATION
OF THOMPSON SCHOOL DISTRICT R2 -J
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman ``Chair ER 12 016
ok,
the Board of Cou ty Commissioners
TEST:
eputy Clerk to the Board
Lori HVz• - W d, President
ATTESj /
Designate lection Official for Jurisdiction
ao/-ag2a 6i)
6 of 6
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 8, 2016, 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, 2016; 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, 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, In consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and Larimer County and
Boulder County. This Agreement shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the condupg of 'e
November 8, 2016, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
C
w
0
a. Except as otherwise set forth herein, conduct all procedures required of the cleror
designated election official for initiatives, referenda, and referred measures Reim
provisions of §§ 22-30.5-119 and 405; 22-31-103 to 107; 22-32-127; 22-40O02 d
110; 22-42-102; and 22-54-107.5 to 108.7, C.R.S. _
t
b. To do all tasks required by law of designated election officials.
C)
c. Establish order of questions for Jurisdiction's portion of the ballot and submit to the
County Clerk in final form. The ballot content, including 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, C.R.S.,
and Colorado Constitution Article X, 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
02.a — 7.9? 6-2—)
1 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
the Jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The full
text of any required ballot issue notices must be transmitted to and received by the
County Clerk no 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 Article X, Section 20(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. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 8, 2016, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. If the Jurisdiction cancels the election before
its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County,
and prior to the County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses under this Subsection 3(g), The
Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-101(2),
104, and 107, or 1-11-215, C.R.S., except for costs collected from an "interested party"
pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount.
Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
h. 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.
I. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the county or counties where the political subdivision is located.
J. Carry out all action necessary for 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
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(g)), of any changes to the information
contained in said list.
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, designate 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)(I)(A),
C.R.S.
e. On Election Day, designate 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)(a)(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(1)(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(g)).
j•
The County Clerk shall appoint and train election judges and this power is 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 Titles
1 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. 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.
d. 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.
e. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
f. 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
g.
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: aoonzales@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: Wendy Kryah
Phone: (970) 613-5013
Additional Contact Information:
Fax: (970) 613-5088
E-mail: wendy,kryah@thompsonschools.org
Address: 800 South Taft Avenue, Loveland, CO 80537
LA)
o
trq
DATED this iv— day of
WELD COUNTY CLERK AND RECORDER
Car ��
Cary oppes, Cler
APPROVED AS TO FORM:
County Attorney
BOARD OF EDUCATION
OF THOMPSON SCHOOL DISTRICT R2 -J
Thompson School District R2 -J
APPROVED AS TO FORM:
•
Attorney for Jurisdiction (Signature)
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman Chair I,-W2
TTE T.2
the Board of County Commissioners
eputy Clerk o the Board
Lori H zo . aid, President
ATTES
Designate lection Official for Jurisdiction
02_o7G_,2-ef'7 L(/)
6 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -3J, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 8, 2016, 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, 2016; 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 f d vws
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 conduc:of lEte
November 8, 2016, General Election. �-`
G) c7
3. The Jurisdiction agrees to perform the following tasks and activities: N
N E")
a. Conduct all procedures required of the clerk or designated election official for irativs,
referenda, and referred measures under the provisions of §§ 31-11-101 throug 31O.1-
118 and 22-30-104(4), C.R.S. W
m
b. To do all tasks required by law of designated election officials concerning norni'nation 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., 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
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 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 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 8, 2016, 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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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(g)).
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 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. 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.
d. 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.
e. 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.
f. 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
9.
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 -
iv
E-mail: agonzales@weldgov.com r =
Address: PO Box 459, Greeley, CO 80632 i x
Notice provided for in this Agreement shall be given to the Jurisdiction elecfidn vial
referred to in Subsection 3(h) of this Agreement by phone:
Designated Election Official for Jurisdiction: t le.le-ek (`' Or Se j
Phone: 3.554). It 1
Additional Contact Information:
Fax: 0`3 •5 3LO • / O
E-mail: X11-QAjAciv{rl0e1S res3J
Address: ? LO • 7C C .l' 1 (A.i Broach 2
145-lie_S (D 4 5
DATED this /02111 day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, C
*\-(\NiVOande
er
APPROVED AS TO FORM:
/1141,44.
County Attorney
Weld County School District RE -3J
APPROVED AS TO FORM:
ATTEST:
Attorney for Jurisdiction (Signature)
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman Chair EP 12 2015
ATTEST: adriff/t) v• Jdif• P(ii
Clerk : the Board of County Commissioners
puty Clerk
signate
(Signature
the Board
Election O
I for Jurisdiction
6 of 6
020/67-a 72 ('3)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -4, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 8, 2016, 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, 2016; 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, 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. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 8, 2016, General Election,
2. The Jurisdiction agrees to perform the following tasks and activities:
a. Except as otherwise set forth herein, conduct all procedures required of the clerk or
designated election official for initiatives, referenda, and referred measures under the
provisions of §§ 22-30.5-119 and 405; 22-31-103 to 107; 22-32-127; 22-40-102 and
110; 22-42-102; and 22-54-107.5 to 108.7, C.R.S.
b. To do all tasks required by law of designated election officials.
c. Establish order of questions for Jurisdiction's portion of the ballot and submit to the
County Clerk in final form. The ballot content, including 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, C.R.S.,
and Colorado Constitution Article X, 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(h day
before the election. Preparation of summaries of written comments shall be done by
the Jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The full
text of any required ballot issue notices must be transmitted to and received by the
County Clerk no later than 42 days prior to the election pursuant to § 1-7-904, C.R.S.
NJiIVIH AU) IIktaC; vt=:a .7z6419
AUG 1 6 '16 AUG 1 8 '16 1 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 X, Section 20(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. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 8, 2016, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. If the Jurisdiction cancels the election before
its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County,
and prior to the County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses under this Subsection 3(g). The
Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-101(2),
104, and 107, or 1-11-215, C.R.S., except for costs collected from an "interested party"
pursuant to § 1-10.5-106 which shall be collected by the entity conducting the 'recount.
Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
g.
h. 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.
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 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.
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(g)), of any changes to the information
contained in said list.
3. 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. NJ I IVINKI\LU R u v
AUG 1 'J '1G AUG 18 '16
WELD COUNTY ELEC o CNN
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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, designate 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)(I)(A),
C.R.S.
e. On Election Day, designate 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)(a)(l)(8), 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(1)(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.
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(g)).
j. The County Clerk shall appoint and train election judges and this power is 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.
4. 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.
rUJ I IVIHIMW
AUG 1 '16 AUG B 16
WELD COUNTY L
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
b. Conflict of Agreement with Law.
This Agreement shall be interpreted to be consistent with the Code, provisions of Titles
1 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. 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.
d. 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.
e. 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.
f. 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,
t'UJ I IVIHIThLU k U 11 Vk
AUG 1 G '16 AUG 1 8 '16
WELD COUNTY Fl Fr`rirn;c
4of5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
breach.
g. 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: Sherry Hoffman
Phone: 970.686.8011
Additional Contact Information:
Fax: 970.686.8001
E-mail: sherry.hoffman(cr�weldre4.oro
Address: 1020 Main St., Windsor, CO 80550
DATED this 15-th day of 't-�U�Q�I�:S , 2016.
WELD COUNTY CLERK AND RECORDER
C Koppes,
k and a order
APPROVED AS TO FORM:
County Attorney
Weld County School District RE -4
APPROVED AS TO FORM:
/L+✓�.ce �C' i
Attorney for Jurisdiction (Signature)
F'UJ I IVIHKhtiJ
AUG 16'16 AUG X8'16
WELD COUNTY ELECTION:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman, Chair SEP 12 2016
TTEST:
the Board of Cou ty Commissioners
puty Cler to the Board
BOARD OF EDUCATION OF
WELD COUNTY SCHOOL DISTRICT RE -4
empyan, President
A t ST:
Designated
Iec ion O
I for Jurisdiction
020/6 o2 i ?a.6
5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District 6, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 8, 2016, 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, 2016; 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 AI a
County. This Agreement shall be construed to apply only to that portion of the Jurist tioq�
within Weld County. m
r--
2. Term of Agreement: This Agreement is intended only to deal with the conduct V th
November 8, 2016, General Election. LA.)
o c
r",
-0
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk or designated election official for initir vesr-1
referenda, and referred measures under the provisions of §§ 31-11-101 through 37-11c)
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., 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
I of6
O1\ Jo/�_�u%�- (It)
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 8, 2016, 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 ail 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.
2of6
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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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(g)).
The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
3 of6
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 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. 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.
d. 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.
e. 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.
f. 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
g. 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(iiweidgov.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 - e )(f e •Q r -e
Phone: CA -70 • ZS • (4{}
Additional iContact Information:
Fax: iTo. VA Lo O O
E-mail: )4area (fe•e�e.�! sClnoD`S. or-cj
Address: OZ,. 2 4 1 �e._
Gi-e-eXey, co %oc?,
DATED this Z(J' day of 3 tart , 2016.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, Cler
APPROVED AS TO FORM:
County Attorney
crder
Weld County School District 6
APPROVED AS TO FORM:
Attorney for Jurisdiction (signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman, Chair SEP 12 2016 -
TEST: -',)'�
the Board of County Commissioners
ty Clerk• the Board
ATTEST:
G
Designated Election Official for Jurisdiction
(Signature)
6 of 6
olO/G - d t10q ��&
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Weld County School District RE -8, 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 8, 2016, 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, 2016; 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 f oorfACA06
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 e
November 8, 2016, General Election.
cy-
C3
3_ The Jurisdiction agrees to perform the following tasks and activities:
N E
a. Conduct all procedures required of the clerk or designated election official for in t atiyces,
referenda, and referred measures under the provisions of §§ 31-11-101 throu+;rr311-
118 and 22-30-104(4), C.R.S.
.• ao
r*n
b. To do all tasks required by law of designated election officials concerning nomaatioCf f
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., 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
c1"- 02t7026 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 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 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 8, 2016, 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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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
1. 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.
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(g)).
The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
3 of 6
Memorandum of 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 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. 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.
d. 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.
e. 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
Memorandurn 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.
f. 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
g. 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
a�f/onzales(u Weldaov.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: 3(.1 ..5. b5-1, -52'5
Additional Contact Information:
Fax:
E-mail: b) `7at tttz.ef) wed . Of -c.1
Address: r2)(3411)0
. �. a ._t, Ttor.) CD
rcc. Ltha De(...
NJ
4
r
l
DATED this ',2.2.1-d day of A UG(t I5 t , 2016.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, Clerk : nd - • rder
APPROVED AS TO FORM:
/I, 4-441
Attorney
Weld County School District RE -8
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mi e Freeman, Chair 12_2;16.
ATTEST: dir464):A
Jerk to the Board of County Commissioners
ty Clerk 1 o the Board
Designated lect y ` iifficial for Jdrisdiction
(Signature)
6 of 6
o/G (/6.)
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Wiggins School District RE -50J, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 8, 2016, 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, 2016; 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, theparties agree as follows: /
1. The Jurisdiction encompasses territory within Weld County and /� dctiYIS *" rY)or3o_n
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 8, 2016, 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 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., 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
POST MARK J RECEIVED 1 of 6
D/6, -01072-' (/,)
AUG i 2 '16 AUG 1 6 '16
WELD COUNTY Fl FrTinntc
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 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 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 8, 2016, 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.
PUS IIVIMMJJ RECEIVED
AUG 1 2 16 AUG a 6 '16
WELD COUNTY ELECTIONS
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(g)), of any changes to the information
contained in said list.
m. 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 candidates name.
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)(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)(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(g)).
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.
F'U6IIVIHKr.L.J RiECE]VED
AUG
1
AUG x 6 '16
3 of 6
WELD COUNTY ELECTIONS
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 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. 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.
d. 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.
e. 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 uptagigrxxl, pv-rieRgekffixantity other
4 of 6
ALf I ti '16 Au6 16 '16
WELD COUNTY ELECTIONS
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.
f. 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.
F'UJIlvIHtcr,_J Racal v
5 of 6
AUG
2 '16x,66'16
WELD COUNTY ELECTIONS
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
g.
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: 910— 148-7-1(i0
Additional Contact Information:
Fax: P /0 —t R7 —W05
E-mail: alienGea� , a • ez• u.s �i/�
Address: 5?() C /� Q,/'1 W) 1(is CO &are/
DATED this c21 day of ��' , 2016.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, ► rk any, `-corder
APPROVED AS TO FORM:
S414 -,...-
County Attorney
Wiggins School District RE -50J
APPROVED AS TO FORM:
AT(E\ST:
Attorney for Jurisdiction (signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman, h�ECs: ��C�G8O.�
ATTEST: I
Clerk . ' he Board of County Commissioners
eputy Clerk t•/ the Board
Des gnated EI
(Sig toIIVIHKf'
AUGAU1 2 '16
n ffici I for Jurisdiction
A;kil V hi)
6 of 6
„"3 '6 '16
k'otpx,- 72 .7)
WELD COUNTY ELECTIONS
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Electrons
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 We'd County Clerk and Recorder, hereinafter referred to as "County Clerk,"
concerning the administration of the November 8, 2016, 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. '505-1, 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 8, 2016; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election wilt the County Clerk
acting as the Coordinated Clacton Official; and
WHEREAS, the County Cie* is theCoordinated Election Oficial," pursuant to § 1-7-116(1),
C R S., and is to perform certain election services in consideration of performances by the J ur sdictian
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 parades agree as follows:
4
The Jurisdiction is a special district which encompasses territory within Weld County and
"t't3. County. This Agreement shall be construed to apply only to that
portion of tee Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct o€ the
November 8, 2016, General Election.
The Jurisdiction agrees to perform the following tasks and activities:
a. To do ail tasks required by law of designate° 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, Paris 8 and 9, C.R.S., rind § 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 fist of candidates, ballet
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 flied by the end of
the business day on the Friday before the 451h 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 nctces
must be transmitted to and received by the County Clerk no later than 42 days prior to
1 of 6
POS1MA ,'_`r �7n,:' .'
JUL 2 6 '16 JUL 2 6 '16
o /6. - a ?oZ (i1(
WELD COUNTY ELECTIONS
Memorandum of intergovernmental Agreement
For Conduct of Coordinated Elections
the election pursuant to § 1-7-904, C.R.S. No portion of th'-s Subsection 3(c) shall require
the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues,
d Co°loot, prepare, end 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 Cierk 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 We'd County pursuant to Colorado Constitution Section 20, Article 10(3)(b),
the Taxpayer's Nall of Rights.
e. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November 8, 2016, 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 duo to the County,
and prior to the County Clerk Incurring any expenses for the erinong of the ballots, the
Jurisdiction shall not be obligated for any expenses under this Subsection 3(e), The
Jurisdiction shall also be responsible for coats 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.
Designate an "election offida" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder,
g.
Mail ballot issue notices pursuant to § 1.7-906(2) for active registered electors who do
not reside within the county or counties where the political subdivision is located
Carry out all action necessary for cancellation of an election including notice pursuant
to § 1-5.208, C.R.S., and pay any costs incurred try the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceed 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 Wed 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 21ti'. Jurisdiction must provide the voter's ID number on the list of
property owners returned to Weld County. Wed County will marl such UOCAVA property
owner(s) a ballot by September 24'h.
in order to ensure that property owners are accurately represented in special district
elections, Were 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 w,ttiin the special district but who are not registered voters within
the special district by September 28'x', 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 begot by October 17". Weld County will charge the $1.25 for each
property owner ballot malted 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
Elect on Manager (see contact information it 5(g)), of any changes to the information
contained +n said list.
Jurisdiction shall notify all candidates to cat! the Election Office at 970-304-6525 ext
3109 to leave a voice mail on how to pronounce the candidates name.
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 Taxpayers Bei 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 end polling center in each such county. §§ 1 5-102.9(1XA), 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 RI each such county. §§ 1-5-102.9(i)(Bt. 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(1—W1We), 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 elector, except that voter service and polling centers
are not required to be open on Sundays. §§ 1-5-102.9(HXll)(e)(2i, C.R.S
h. After Electtion Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eilgibie
for receivirg a fee; and bill the Jurisd`.ct on for the fees.
Designate Adam Gonzales, Weld County Election Manager, to act as a primary baleen
or contact between the County Clock and the Jurisdiction (see contact information in
5(9)).
3 of 6
Memorandum of intergovernmental Agreement
For Conduct of Coordinated Elections
The County Clerk shall oppoint 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
Jurisdicton, at its option, may designate one of its members and one eligible elector
from the Jurisdicton to assist the County Clerk in the survey of the returns for that
Jurisdiction. If the Jurise ction desires to appoint one of its members and an eligible
elector to assist, t shall rake such appointments, and shall notify the County Clerk in
writing of such appointments not ,eter 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. Confi ct 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 S 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. Liquidated Damages.
In the event that a Court of competent Jurisdiction finds teat the election for the
Junse ct=on 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 are) of this Agreerr eat 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
Agree=ment with no fee assessed to the Jurisdiction. This remedy snail be the sole and
exclusive remedy for damages available to the Jurisdiction under this Agreement.
d. No Waiver cf 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
provis=ons, of the Colorado Governmental immunity Act §§ 24-10-101 et see , as
applicable now or hereafter amended, or any other applicable privileges or Immunities
held by the parties to to s Agreement.
4 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
No Third Party Beneficiary Enforcement.
It is expressly ucderstood 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 or y.
f. 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, novatlon,
renewal, or other arterntion of or to this Agreement and any attached exhibits shalt be
doomed 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 excusedunless 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,
breath.
s of 6
Memorandum of intergovernmental Agreement
For Conduct of Coordinated Elections
g. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam
Ganmies of the Weld County Clerk and Recorders Office by phone:
Phone: (970) 400-3178
Additional Contact Information:
Fax: (970) 304-6566
E-mail: tsJtst?x fe Arelt g yNin
Address: PO Box 459, Greeley, CO 60632
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in 3(f) of this Agreement by phone: co - 0 c
A 1/fe..K'-a',i`trv�.r Sue 6tcv.R
Designated Election Official for Jurisdiction � 5 ��
Phone: 303 5 3(o-Ot(a 3J3� 381-4l gU
Additional Contact Information:
Fax "3.p3 ' •.?.�� 1 iv {{
E-mail. \! e ir+P1 r" c €. r•
Address: ' ' `
DATED this tr day of (� . �� , 2016.
WELD COUNTY CLERK AND RECORDER
Carly Koppes, Cle
APPROVED AS TO FORM:
unty Attorney
Hudson Fire Protection District
APPROVED AS TO FORM.
t. t .
Attorney for Jurisdiction (
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
' e Froem
AT rEST:
hair
half S PAtao
e Board of County Commissioners
e Board
Designated Elect'•n Official for Jur+sdictFon
(Signature)
6 of 6
,z -a/ a-zz Oa-)
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 8, 2016, 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 8, 2016; 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 8, 2016, 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
PUSI MNKKEU RECEIVE 1 of 6
JUL 2 9 '16 AUG - 1 '16
WELD COUNTY ELECTIONS
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 8, 2016, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. lithe 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 215&. 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 24th.
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 28t. 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 17th. Weld County will charge the $1.25 for each
property owner ballot mailed in addition to any charges specified in above Section 3(e).
PUS I MAKKLU RECEIVED 2 of 6
JUL 29'16 AUG-1'16
WELD COUNTY ELECTIONS
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(g)), of any changes to the information
contained in said list.
I. 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 candidates name.
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
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.
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(g)).
PUS I IVIAKKEI) RECEIVED
JUL 2 !3 '16 AUG - 1 '16
WELD COUNTY ELECTIONS
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. 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.
d. 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.
PUS NIAKKLI) RECEIVED
4 of 6
,1UL Z '16
AUG-1'16
WELD COUNTY ELECTIONS
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
e. 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.
f. 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.
I'US I IVIAKKLU RECEIVED
,JUL 2 9, '16 .US 1 `16
WELD COUNTY ELECTIONS
5 of
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
g.
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: agonzalesc 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:
Phone: (303) 898-0926
Additional Contact Information:
Fax: (303) 732-4200
E-mail: scordes@seweldfire.org
Address: P.O. Box 1
SllP Cnrt1 PA
Keensburg, CO 80643
DATED this /' day of
WELD COUNTY CLERK AND RECORDER
Carly Koppes, CI nd rder
APPROVED AS TO FORM:
VeraAa
County Attorney
Southeast Weld Fire Protection Distri
APPROVED AS TO FORM:
A orney for Jurisdiction (Signature)
, 2016.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
-
Mike Freeman, Chair SEP I 2 20
TTEST:.-) �• `��
the Board of County Commissioners
puty Cle to the Board
ATTEST:
Designated Election Official for Jurisdiction
(Signature)
-tips RCCiri,'VCD
,;�. a _� orb/‘ X7,2- 4)
WC_Ln COON rY CLECTIONS
6 of 6
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
St. Vrain & Left Hand Water Conservancy District, hereinafter referred to as "Jurisdiction," does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk," concerning the administration of the November 8, 2016, 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 8, 2016; 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 /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 corict of the
November 8, 2016, General Election. -O c
r C
NJ
3. The Jurisdiction agrees to perform the following tasks and activities: r-
a. To do all tasks required by law of designated election officials concwrnir self -
nomination and acceptance forms or letters as set forth in 1-13.5-303,.C.R. any
applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-44801, dR.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
0o /(a. -a0a-C
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Memorandum of Intergovernmental Agreement
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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 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 8, 2016, 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 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 21st. 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 24th
J•
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 28th. Jurisdiction must provide the voter's ID number
on the list of property owners returned to Weld County. Weld County will mail such
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
property owner(s) a ballot by October 17th. Weld County will charge the $1.25 for each
property owner ballot mailed in addition to any charges specified in above Section 3(e).
k. Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and is
accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County
Election Manager (see contact information in 5(g)), of any changes to the information
contained in said list.
I. 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 candidates name.
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(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(g)).
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Memorandum of Intergovernmental Agreement
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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. 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.
d. 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.
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Memorandum of Intergovernmental Agreement
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e. 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.
f. 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.
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Memorandum of Intergovernmental Agreement
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g. 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: Sean T. Cronin
Phone: 303-772-4060
Additional Contact Information:
Fax: 303-772-4545
E-mail: sean.cronin@sylhwcd.org
Address: 9595 Nelson Road, Suite 203
Longmont, CO 80501
DATED this /O21* day of , 2016.
WELD COUNTY CLERK AND RECORDER
Ca Ty Koppes, CI_ and
APPROVED,AS TO FORM:
County Attorney
St. Vrain & Left Hand Water Conservanc
District Boar• ' esident
(Signature) : ennie Yanchunas
APPROVED AS TO FORM:
s'5
Attorney for Jurisdiction (Signature)
Scott E. Holwick, Esq.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Mike Freeman, Chair
TTEST:
uty Cle
ATTEST:
. O
Designated Election Official for Jurisdiction
(Signature) Sean T. Cronin
,`/& otr?a ( )
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