HomeMy WebLinkAbout2025-048-04/01/2025-APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND DIRECTING CERTIFICATION OF BALLOT CRESOLUTION 2025-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY AND DIRECTING CERTIFICATION OF BALLOT
CONTENT FOR THE 2025 COORDINATED ELECTION
A.Colorado
amendments may be
submitting a proposed
Collins.
Revised Statutes Section 31-2-210 provides that Charter
initiated by the adoption of an ordinance by the City Council
amendment to a vote of the registered electors of the City of Fort
B.The City’s regular municipal election will be conducted on Tuesday,
November 4,2025,by Larimer County in conjunction with the coordinated election on the
same date (“City Election”).
C.Staff anticipates continued discussion of potential Charter amendments that
may be submitted to the voters at the City Election.
D.For the coordinated election to proceed,the County requires execution of
an intergovernmental agreement,described on Exhibit A,attached hereto and
incorporated herein by this reference (the “Election IGA”),selling out the terms and
conditions for the process,including the commitment to pay the costs of the election
attributable to the City Election.
E.In order for particular questions to be included in the ballot for the City
Election,the City must certify the ballot content to the Larimer County Clerk and Recorder
prior to the final deadline of September 5,2025.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows;
Section 1.
Election IGA.
Section 2.
City Election,to be
the Larimer County
titles set by the City
The City Manager is hereby authorized and directed to enter into the
The City Clerk is hereby directed to certify the ballot content for the
held in conjunction with the Larimer County coordinated election,to
Clerk and Recorder no later than September 5,2025,for any ballot
Council prior to said date.
Passed and adopted on April 1,2025.
ATTEST:
CityC~k
Effective Date:April 1,2025
Approving Attorney:Sara Arfmann
,fl
EXHIBIT A TO RESOLUTION 2025-048
INTERGOVERNMENTAL AGREEMENT FOR 2025 COORDINATED ELECTION
This Intergovernmental Agreement (“Agreement”)is entered Into by and between the Larimer County
Clerk and Recorder (“County Clerk”)and the (“EntIty”).
Agreement is made effectIve upon the sIgnature of Entity and County Clerk.
WHEREAS,County Clerk and Entity are authorized to conduct elections as provided by law;and
WHEREAS,County Clerk will conduct an election on November 4,2025 as a “Mail Ballot Election,”(the
“Election”)as such term is defined in the Uniform Election Code of 1992,C.R.S.Title 1,as amended
(“Code”)and the current Colorado Secretary of State Election Rules,as amended (“Rules”);and
WHEREAS,Entity has certain ballot race(s),ballot question(s)and/or ballot issue(s)to present to its
eligible electors and desires to coordinate with County Clerk;and
WHEREAS,pursuant to C.R.S.§1-7-116(2),as amended,County Clerk and Entity shall enter into an
agreement for the administration of their respective duties concerning the conduct of the
coordinated election,and said agreement must be executed no less than 70 days prior to the Election
which is August 26,2025.
NOW,THEREFORE,for and in consideration of the promises herein contained,the sufficiency of which
is hereby acknowledged,County Clerk and Entity agree as follows:
ARTICLE I
PURPOSE AND GENERAL MAilERS
A.Goal.
The purpose of Agreement is to set forth the respective tasks in order to conduct Election and to
allocate the cost thereof.
B.Coordinated Election Official.
County Clerk shall act as the Coordinated Election Official (“CEO”)in accordance with Code and
Rules and shall conduct Election for Entity.
County Clerk designates as the primary liaison (“Contact Officer”)between County Clerk and Entity:
Name:Michele Mihulka
Phone:970.498.7932
Email:Michele.Mihulka@laiimer.gov
Fax:970.498.7847
Contact Officer shall act under the authority of County Clerk and shall have primary responsibility for
the coordination of Election with Entity.
EXHIBIT A TO RESOLUTION 2025-048
C.Designated Election Official.
Entity designates as its Designated Election Official (“DEC”)to act as the primary liaison between Entity
and Contact Officer:
Name:
Phone:
EmaIl:_______________________________________________
Fax:______________________________________
DEC shall have primary responsibility for Election procedures to be handled by Entity.DEC shall act in
accordance with Code and Rules.DEC shall be readily available and accessible during regular
business hours,and at other times when notified by Contact Officer in advance,for the purposes of
consultation and decision-making on behalf of Entity.In addition,DEC is responsible for receiving and
timely responding to inquiries made by its voters or others interested in Entity’s election.
D.JurIsdIctional LImItatIon.
Entity encompasses tertitory within Larimer County,Colorado.Agreement shall be construed to apply
only to that area of Entity situated within Larimer County.
E.Temi.
The term of Agreement shall be through December 31,2025 and shall apply only to Election.
F.Ranked VotIng Election.
Entity’s Charter requires that,for all regular city elections after January 1.2025,the offices of Mayor
and of each District Councilmember shall be elected using a “ranked voting method,”and
Agreement addresses the additional responsibilities and the allocation of costs for the conduct of a
ranked voting election.
In accordance with Colorado Secretary of State Rule 26.1,a local government may only conduct a
ranked voting election if there are three or more candidates who have qualified for the ballot for
that contest,or when there is a combination of at least two candidates who have qualified for the
ballot for that contest plus at least one qualified write-in candidate.If Entity does not certify at least
one contest that meets the requirements for a ranked voting election,the additional responsibilities
and the allocation of costs for the conduct of a ranked voting election will not apply.
ARTICLE II
DUTIES OF COUNTY CLERK
A.Voter RegIstratIon.
Supervise,administer,and provide necessary facilities and forms for all regular voter registration sites.
EXHIBIT A TO RESOLUTION 2025-048
B.Ballot Preparation.
1.Lay out the text of the ballot in a format that complies with Code and Rules.In accordance
with Colorado Secretary of State Rule 4.1.2(c),County Clerk requires that each ballot
question and ballot Issue be not more than 250 words.Additional costs incurred for ballot
lanauaae length exceedina 250 words are referenced in Article IV(B).
2.Assign the letter and/or number of Entity’s ballot question(s)or ballot issue(s)which will
appear on the ballot and provide this assignment to Entity.
Initial on the line provided below to indicate acknowledgement.
ENTITY INITIALS
3.Provide ballot printing layouts and text for Entity’s review and signature.If Entity fails to
provide approval by the required deadline,the content is to be considered approved.
4.Certify the ballot content to the printer(s).
5.Confract for ballots.
C.Voter Lists.
Upon request of Entity,create and certify a list of registered voters containing the names and
addresses of each elector registered to vote in Entity.
D.Property Owners.
Only applicable to Elections conducted under titles in which property owneis are eligible to vote.
Automatically mail property owner ballots to active,registered voters who own (or lease,if appliabie)
property within the district boundaries of Entity and are certified as eligible by the DEC.See Article
Ill (G)(3).
E.Election Judges.
Appoint and compensate a sufficient number of election judges to conduct Election.
F.Mall Ballot.
1.Mail ballot packets to every active registered elector and conduct Election in accordance
with C.R.S.Title 1,Article 7.5.
2.Establish drop boxes in accordance with C.R.S.§1-5-102.9(5)for the purposes of allowing
electors to drop off their completed mail ballots.
G.Voter Service and Polling Center (“VSPC”)sites.
1.Establish VSPC sites in accordance with CAtS.§1-5-102.9,coordinate the location and
operation of the VSPC sites,and conduct all accessibility site surveys.
2.Obtain and provide all ballots,forms,equipment and supplies necessary for mail and
accessible voting.
EXHIBIT A TO RESOLUTION 2025-048
3.Obtain and provide all ballots,forms,equipment and supplies necessary to verify and issue
ballots to property owners who are registered to vote in the State of Colorado but who do
not reside in Entity.Only applicable to Elections conducted under titles where owning
property in the political subdivision is a requirement for voting in Election.
4.Provide all necessary Election personnel to conduct Election.
H.VotIng JurisdIctIon.
Pursuant to C.R.S.§1-5-303 and subject to Entity providing the information referenced in Article 111(C)(1),
County Clerk shall provide an Address Library Report from the Statewide Colorado Voter Registration
and Election database (“Address Library Report”)no later than August 9,2025,which will list the street
addresses located in both Entity and Larimer County according to the statewide voter registration
system.In order to create Address Library Report,County Clerk must first receive from Entity the
information referenced in Article Ill (C)(1).
Election Day PreparatIon.
1.Provide,no later than twenty days before Election,notice by publication of a mail ballot
election.Such notice shall satisfy the publication requirement for all entities participating in
Election pursuant to C.R.S.§1-5-205(1.4).
2.Prepare and conduct pre-election logic and accuracy testing in accordance with C.R.S.
§1-7-509 and Rules.
3.Provide necessary electronic voting equipment together with personnel and related
computer equipment for pre-election logic and accuracy testing and Election Day needs.
4.Prepare and conduct a risk-limiting audit in accordance with C.R.S.§1-7-515 and Rules.
J.TABOR Notice.
1.Coordinate the printing and labeling of the TABOR notice and mail it to all registered voters
within Entity not less than thirty days prior to Election in compliance with Article X,Section 20
of the Colorado Constitution and any applicable Code and Rules.
2.Charge Entity for all expenses associated with printing,labeling,and mailing (postage)for
the TABOR notice.Said expenses shall be prorated among all Entities participating in the
TABOR notice.Such proration shall be based,in part,upon the number of addresses where
one or more active registered voters of Entity reside.
3.Determine the least cost method for mailing the TABOR notice and address the TABOR
notice to “All Registered Voters”at each address in Larimer County where one or more
active registered voters of Entity reside.
4.Nothing herein shall preclude County Clerk from sending the TABOR notice of Entity to
persons in addition to the electors of Entity if such sending arises from County Clerk’s efforts
to mail the TABOR notice at the least cost.
EXHIBIT A TO RESOLUTION 2025-048
K.Counting Ballots.
1.Conduct and oversee the ballot counting process and report the results for each race and
measure.
2.Establish backup procedures and backup sites for ballot counting should counting
equipment and/or building facilities fail.In such event,counting procedures will be moved
to a predetermined site.
L.Certifying Results.
1.Convene the Board of Canvassers.
2.Certify the results of Entity’s Election within the time required by law and provide Entity with
a copy of all Election statements and certificates required under Code and Rule.
3.Conduct a recount (if called for)in accordance with Code and Rule.
M.Recordkeeplng.
1.Retain all Election records as required by C.R.S.§1-7-802.
2.Keep an accurate account of all Election costs.
N.Ranked Voting Election.
1.Education and Outreach Campaign.County Clerk and Entity will work together to make
sure that educational materials regarding ranked voting are accurate.County Clerk and
Entity will distribute said materials throughout the community to educate on ranked voting
information.County Clerk and Entity will communicate regarding events in the community
each will attend and/or host to educate on ranked voting information and make such
events available to the other party when possible.County Clerk will provide its explanation
of ranked voting and voter instructions in English and in every language in which a ballot is
required to be made available pursuant to Colorado Revised Statutes and the federal
“Voting Rights Act of 1965”on its website and social media pages.County Clerk will train
Election Judges serving at VSPCs as well as County Clerk’s office staff on ranked voting
instructions to support voter inquiries.
2.Requirements for Conducting the Ranked Voting Election.County Clerk can accommodate
a maximum of ten rankings in its voting system.County Clerk will include an explanation of
ranked voting and ranked voting instructions for voters in its election plan,with each mail
ballot that includes a ranked voting contest,and at each VSPC.
County Clerk will issue the summary report,ballot image report,and comprehensive report
as required by C.R.S.§1-7-1003(7)and publish the reports on the County website.County
Clerk will audit each ranked voting race before the Canvass Board certifies election results.
0.No Expansion of Duties.
Nothing contained in Agreement is intended to expand the duties of County Clerk beyond those set
forth in Code or Rules.
EXHIBIT A TO RESOLUTION 2025-048
ARTICLE Ill
DUTIES OF ENTITY
A.Authority.
Provide County Clerk with a copy of the ordinance or resolution stating that Entity will participate in
Election in accordance with the terms and conditions of Agreement.The ordinance or resolution shall
further authorize the presiding officer of Entity or other designated person to execute Agreement.
B.Call and Notice.
Publish all notices relative to Election which Entity is required to provide pursuant to Code,Rules,
Entity’s Charter and any other statute,rule,or regulation.
C.Voting JurIsdiction —Certifying Entity Address Boundaries.
1.If Entity is not already identified by a tax authority code in the County Assessor’s records,
Entity must:
•Provide County Clerk with a legal description,map and listing of street addresses
located within Entity in Larimer County,no later than 5:00 p.m.on August 1,2025.
o This information must be provided to County Clerk in Microsoft Excel.
•Certify the accuracy of such information.
2.If Entity has annexed any properties into Entity since January 1,2025,Entity must:
•Provide County Clerk with a legal description,map and listing of street addresses for
all properties annexed into Entity in Larimer County,no later than 5:00 p.m.on August
1,2025.
o This information must be provided to County Clerk in Microsoft Excel.
•Certify the accuracy of such information.
3.Review all information in Address Library Report referenced in Article 11(H)and ensure that
Address Library Report is an accurate representation of the streets contained within Entity’s
legal boundaries.
4.Indicate on Address Library Report Sign-Off Form (“Sign-Off Form”)whether any changes
ore needed,or whether Address Library Report is complete and accurate.
•If Entity requests any changes to Address Library Report on Sign-Off Form,County
Clerk will make the requested changes and return the amended Address Library
Report to Entity along with a second Sign-Off Form,no later than 5:00 p.m.on
August 22,2025.
5.Return the final certified Sign-Off Form to County Clerk,no later than 5:00 p.m.on August
26,2025.
D.Petitions,Preparation and Verification.
Perform all responsibilities required to certify any candidate,initiative petition,question,or issue to the
ballot.
E.Ballot Preparation.
1.Determine whether a ballot race,ballot question,or ballot issue is properly placed before
the voters.
EXHIBIT A TO RESOLUTION 2025-048
2.Prepare a list of candidates and the ballot title and text for each ballot question and ballot
issue.County Clerk requIres that each ballot question and ballot issue be not more than 250
words In accordance with Colorado Secretary of State Rule 4.1.2(c).AdditIonal costs
incurred for ballot language lenath exceeding 250 words are referenced in Article 1V(B).
Each ballot issue or ballot question submitted shall be followed by the words “yes/for”and
“no/against”.
Initial on the line provided below to indicate acknowledgement:
ENTITY INITIALS
3.Provide a certified copy of the ballot content [race(s),question(s)and issue(s)j to County
Clerk no later than 5:00 p.m.on September 5,2025,pursuant to C.R.S.§1-5-203(3)(a).Entity
must submit certified ballot content to the County Clerk using the form provided by the
County Clerk.
The ballot content must be certified exactly in the order in which it is to be printed on the
ballot pages and sample ballots.
The certified list of ballot race(s),ballot question(s)and/or ballot issue(s)submitted by Entity
shall be final.
4.Proofread and approve Entity’s ballot content for printing immediately upon receipt from
County Clerk.Due to time constraints,DEC must be available for proofing and approving
ballot content from 8:00 a.m.to 7:00 p.m.from September?,2025 until September 12,2025,
or until final approval of printing of ballots has been reached.County Clerk agrees to keep
DEC informed of ballot printing status.
Once approval has been receIved,County Clerk wIll not make any changes to the ballot
content.If EntIty falls to provIde approval by the requIred deadline,the content wIll be
consIdered approved.
5.Ensure that Entity’s certified candidates file all Campaign and Political Finance forms
required by the Colorado Secretary of State Rules Concerning Campaign and Political
Finance with the appropriate filing office.Candidates required to file with the Secretary of
State must file electronically using the online campaign finance reporting system,TRACER:
hftD://tracer.sos colorado gov.
Candidates in municipal elections file with the municipal clerk.
6.Provide (or ensure that Entity’s certified candidates provide)an audio pronunciation of all
candidates’names as they have been certified to County Clerk,no later than 5:00 p.m.on
September 5,2025.See Exhibit E for details.
Initial on the line provided below to indicate acknowledgement.
ENTITY INITIALS
EXHIBIT A TO RESOLUTION 2025-048
7.Defend and resolve at Entity’s sole expense all challenges relative to the ballot race(s),
ballot question(s)and/or ballot issue(s)as certified to County Clerk for inclusion in Election.
F.ElectIon Participation and ContIngency Planning.
If requested by County Clerk,provide person(s)to participate and assist in Election process.The
person(s)provided by Entity must be registered to vote in the State of Colorado.
In the event of the loss of a VSPC location within Entity’s boundaries,collaborate with County Clerk to
establish a contingency location for voting.
Initial on the line provided below to indicate acknowledgement.
ENTITY INITIALS
G.Property Owners.
Only applicable to Elections conducted under titles where owning property in the political subdivision
is a requirement for voting in Election.
1.Notify and provide information and materials to property owners regarding the location(s)
which an eligible elector may vote at any VSPC site.
2.Obtain a list of Entity’s property owners from the County Assessor’s office in accordance with
C.R.S.§1-5-304.Property owners listed in the County Assessor’s property records may not
be eligible electors of Entity.Entity must review and verify the eligibility of property owners
to receive Entity’s ballots.
3.No later than October 9,2025,certify to County Clerk a list of eligible electors who:
•Own (or lease,if applicable —consult legal counsel)property within the district
boundaries of Entity;
•Are registered to vote in the State of Colorado and whose voter records are active
(not inactive,incomplete,or cancelled);
•Are or will be at least 18 years of age as of November 4.2025;and
•Are not already registered to vote within the district boundaries of Entity.
The list must be in Excel (.xls/.xlsx)format and must include the following columns:
Voter ID Mailing Address
First Name Mailing City
Middle Name Mailing State
Last Name Mailing Zip
Suffix
Each eligible elector must be listed as a separate entry.
Exclude Trusts,LLC,Corporations and Entities if ineligible to vote —consult legal counsel.
4.Between October 10 and October 27,2025.provide to County Clerk the names of newly
eligible electors,if any,who meet the same criteria (and in the same format)as in Article
lll(G)(3).
EXHIBIT A TO RESOLUTION 2025-048
TABOR Notice.
1.Prepare the language for the TABOR notice [for any ballot issue(s)that require a TABOR
notice)in compliance with Article X,Section 20 of the Colorado Constitution and any
pertinent Code and Rules.
Entity shall be solely responsible for tImely provIding to County Clerk a complete TABOR
notice.County Clerk shall In no way be responsible for EntIty’s complIance with TABOR or
the accuracy or sufficiency of any TABOR notice.
2.Receive written comments relating to ballot issue(s)and summarize such comments,as
required by TABOR.
3.Certify and submit all TABOR notice content,including pro and con summaries and fiscal
information,to County Clerk no later than 5:00 p.m.on September 22,2025,pursuant to
C.R.S.§1-7-904.Such notice shall be provided to County Clerk as an email attachment to
elections@larimer.gov.
Entity shall be solely responsible for the preparation,accuracy,and contents of its TABOR
notice(s).The certified TABOR notice,including all text,summary of comments and fiscal
information shall be final.County Clerk may correct any spelling,grammar or formatting
errors identified in Entity’s certified TABOR notice,so long as those corrections do not
change or otherwise impact the meaning of Entity’s TABOR notice content.
4.Proofread and approve Entity’s TABOR notice content for printing.Due to time constraints,
DEO must be available for proofing and approving TABOR notice content for printing from
8:00 a.m.to 7:00 p.m.from September 22,2025 until September 26,2025,or until final
approval of the TABOR notice has been reached.County Clerk agrees to keep all contact
personnel informed of TABOR notice printing status.Entity has designated:
Once approval has been receIved,County Clerk will not make any changes to the TABOR
notIce content.If Entity falls to provide approval by the required deadlIne,the content will
be consIdered approved.
5.Mail the TABOR notice to each address of one or more active registered electors who own
property but who do not reside within Entity in accordance with C.R.S.§1 7 906(2).
Ranked VotIng ElectIon.
1.Education and Outreach Campaign.County Clerk and Entity will work together to make
sure that educational materials regarding ranked voting are accurate.County Clerk and
Entity will distribute said materials throughout the community to educate on ranked voting
information.County Clerk and Entity will communicate regarding events in the community
each will attend and/or host to educate on ranked voting information and make such
events available to the other party when possible.Entity will provide its explanation of
ranked voting and voter instructions in English and in every language in which a ballot is
required to be made available pursuant to Colorado Revised Statutes and the federal
“Voting Rights Act of 1965”on its website,newsletters,and social media pages.
2.As required by C.R.S.§1-7-118(1),Entity must provide notice to County Clerk at least 100
days before the election if it is conducting a ranked voting election.
EXHIBIT A TO RESOLUTION 2025-048
J.Cancellation of Election by Entity.
If Entity resolves not to participate in Election,Entity must immediately deliver to Contact Officer written
notice that it is withdrawing one or more ballot questions or ballot issues;provided,however that Entity
may not cancel after the 25th day prior to Election,October 10,2025.pursuant to C.R.S.§1-5-208(2).
Entity must reimburse County Clerk for the actual expenses incurred in preparing for Election.If
cancellation occurs after the certification deadline,full election costs may be incurred.Entity must
publish all notices relative to Election which Entity is required to provide pursuant to Code,Rules,
Entity’s Charter and any other statute,rule or regulation.
ARTICLE IV
COSTS
A.Election Costs.Entity shall be charged and pay for election costs associated with its ballot
race(s),question(s),and/or issue(s).These election costs will include a proportionate share of
common election costs pursuant to Section A(1).and other costs pursuant to Section A(2)
(collectively “Election Costs”),as applicable.
1.Shared Common Election Costs.Entity shall be charged and pay a proportional share of
costs that are not reimbursed by the state pursuant to C.R.S.§1-5-505.5(1)(a),based on
County expenditures relative to Election and the number of eligible electors (Including
property owners,If applicable)per EntIty,in accordance with C.R.S.§1-7-116(2)(b).Shared
costs include,but are not limited to:
•Election Staff Wages (Overtime/Compensatory lime)
•Temporary Staff Wages
•Election Judge and Canvass Board Wages
•Printing —Ballots,Envelopes.Forms
•Ballot Programming,Insertion,and Mailing Services
•VSPC Location Expenses
•Security Expenses
•Election Notice Printing and Publication
•Mailing Costs (Postage and shipping)
•Contingency Expenses
2.Other Election Costs.In addition to its proportionate share of common election costs,Entity
shall be charged and pay the following,as applicable:
a.Unique Costs.Entity shall pay any additional or unique election costs resulting
from Entity delays and/or special preparations or cancellations relating to Entity’s
participation in Election.Special preparations can include,but are not limited to:
ballot addendums,affidavits,ballot language length exceeding 250 words or
multiple page ballot.
b.Recount Costs.The cost of any recount(s)will be charged to Entity.If more than
one Entity is involved in the recount,the cost will be prorated among the Entities
participating in the recount.
c.Ranked Voting Costs.In accordance with C.R.S.§1-7-118(2).Entity shall pay the
reasonable increased costs associated with the use of a ranked voting method,
including but not limited to costs related to election setup licensing costs pursuant
EXHIBIT A TO RESOLUTION 2025-048
to C.R.S.§1-5-603(2)(b),programming,ballot design,additional voter information
and education,and tabulation.
Any additional increased costs that must be incurred by County Clerk for
a ranked voting contest prior to Entity’s candidate deadline will be charged to
Entity even if Entity does not certify at least one contest that meets the
requirements for a ranked voting election.
Entity will not be responsible for all associated increased costs if another
entity in a coordinated election uses a ranked voting method.County Clerk will
divide any shared ranked voting election costs amongst all entities using ranked
voting methods during Election.
d.TABOR Costs.Entity shall pay a prorated amount for the costs to coordinate,label
and print the TABOR notice,and for the mailing of such notice.Such proration to be
based,in part on addresses where one or more active registered electors of Entity
reside.
Cost Estimate.
1.Preliminary estimates of Shared Common Election Costs,which are based on different
scenarios of entities that may or may not participate in the Election,and including
estimated Ranked Voting Costs if applicable,are attached to this Agreement as follows:
a.Exhibit A (STATE participates,COUNTY participates)
b.Exhibit B (STATE participates,COUNTY does not participate)
c.Exhibit C (STATE does not participate,COUNTY participates)
d.Exhibit D (STATE does not participate,COUNTY does not participate)
County Clerk will provide an updated cost estimate once all entities have been certified
to the ballot.That update will include estimated TABOR costs if applicable.Estimated
Recount costs will be provided once it is anticipated there will be a recount.Given the
nature of Unique costs,estimates may not be given but the County Clerk will keep Entity
reasonably appraised of any such costs if unique circumstances occur.
C.InvoIce.County Clerk shall submit to Entity an invoice for all Election Costs that Entity is
responsible to pay under Agreement,and Entity shall remit to County Clerk the total due upon
receipt.Any amount not paid within 30 days after receipt of the invoice will be subject to an interest
charge at the lesser of 1 ‘/2%per month or the highest rate permitted under law.
D.Funds Appropriated.By signing this Agreement Entity affirms that it has sufficient funds
available in its approved budget to pay its estimated share of Election Costs,including all reasonably
anticipated Unique Costs,Recount Costs,Ranked Voting Costs,and TABOR costs.
ARTICLE V
MISCELLANEOUS
A.Entire Agreement.
Agreement and its Exhibits constitute the entire agreement between County Clerk and Entity as to the
subject matter hereof and supersede all prior or current agreements,proposals,negotiations,
understandings,representations and all other communications,both oral and written.
B.LIabilIty and Immunity.
County Clerk and Entity agree to be responsible for its own acts and omissions,and those of its officers.
agents and employees,to the extent required by law,subject to and without waiving the notice
EXHIBIT A TO RESOLUTION 2025-048
requirements,immunities,rights,benefits,defenses,limitations,and protections available under the
Colorado Governmental Immunity Act as currently written or hereafter amended.
In the event a court of competent jurisdiction finds Election for Entity was void or otherwise fatally
defective as a result of the sole breach or failure of County Clerk to perform in accordance with
Agreement or laws applicable to Election,Entity shall be entitled to recover expenses or losses caused
by such breach or failure up to the maximum amount paid by Entity to County Clerk under this
Agreement.County Clerk shall in no event be liable for any expenses,damages or losses in excess of
the amounts paid under this Agreement.This remedy shall be the sole and exclusive remedy for the
breach available to Entity.
C.Conflict of Agreement with Law,ImpaIrment.
Should any provision of Agreement be determined by a court of competent jurisdiction to be
unconstitutional or otherwise null and void,it is the intent of County Clerk and Entity hereto that the
remaining provisions of Agreement shall be of full force and effect.
D.Time of Essence.
Time is of the essence in the performance of Agreement.The time requirements of Code and Rules
shall apply to completion of required tasks.
E.No Third Party Beneficiaries.
Enforcement of the terms and conditions of Agreement and all rights of action relating to such
enforcement shall be strictly reserved to County Clerk and Entity,and nothing contained herein shall
give or allow any such claim or right of action by any other person or Entity.
F.GovernIng Law;JurIsdictIon B Venue.
Agreement,the interpretation thereof,and the rights of County Clerk and Entity under it will be
governed by,and construed in accordance with,the laws of the State of Colorado.The courts of the
State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under
Agreement.Venue for any and all legal actions arising shall lie in the District Court in and for the
County of Larimer,State of Colorado.
G.HeadIngs.
The section headings in Agreement are for reference only and shall not affect the interpretation or
meaning of any provision of Agreement.
H.SeverabIlIty.
If any provision of Agreement is declared by a court of competent jurisdiction to be invalid,void or
unenforceable,such provision shall be deemed to be severable,and all other provisions of
Agreement shall remain fully enforceable,and Agreement shall be interpreted in all respects as if such
provision were omitted.
I.Amendments/Modifications.
As the Election approaches the Secretary of State may adopt new or different election rules that
change or add obligations and procedures relevant to the Election.In such event,the Parties agree
to comply with any such mandatory changes and this IGA shall be deemed automatically amended
to incorporate same.As time allows,the Clerk and Recorder will attempt to circulate any such
election rule changes to Entity and the Parties agree to communicate as necessary to implement
such changes.
EXHIBIT A TO RESOLUTION 2025-048
Amendments or strikethroughs to this Agreement are not allowed without written consent of both
parties.
IN WITNESS WHEREOF,the parties hereto have executed Agreement to be effective upon the date
sIgned by both parties.
COUNTY CLERK
TINA HARRIS Date
LARIMER COUNTY,COLORADO
CLERK AND RECORDER
ENTITY
Name of Entity Date
BY:
Printed Name of Authorized Representative Signature of AuthorIzed Representative
SignIng on behalf of Entity
TItle of Authorized Representative
Entity phone number
Appiovcd as to form:
L&)~‘~-~---
C uatyAttomcy
•I
I II’’
EXHIBIT A
EXHIBITATO RESOLUTION 2025-048
%of Proration Balance of Costs
N/A NI
59.880%$55,389.
I I —
26.576%j $24,582.41
13.544%’$12,528.1
Households
N/A
147,394
65,415
33,338
N/A
N/A
N/A
N/A
N/A
N/A
Eligible Electors
N/A
276,085
118,041
%of Proration Balance of Costs
N/A $491,895.00
37.748%S226,g40.92
16.139%$97,029.30
Eligible Electors
N/A
N/A
118,041
N/A
N/A
N/A
N/A
N/A
N/A
N/A
%of Proration
N/A
N/A
100.00%
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
61,1691
Balance of Costs
N/
$114,500.00
N/
N/
N/A
N/A
N/A
N/A
N/.•1•
8.363%
N/
N/A
NI
NI
N/
161,189~22.039%
105,561 14.433%
8,731 1.1 94%
$491,89&00
*282,830.36
$236,111.11
$62,808.85
$132,496.80
$86,770.78
$1,116.85
$489S1
$9.86
*9.86
I I•
$50280.71
$1 32,49 6.80
$86,770.78
$7.1 76.85
$489.91
$9.86
$9.86
596,0.081%
------H—
12$0.002%
12 0.002%
The State reImburses the county for forty-five percent of election costs ($491,895.00).Coordinating entities share only those election casts that are not reimbursed by the State ($601,205.00).
EXHIBIT B
EXHIBIT A TO RESOLUTIO 2025-048
•Cost-TABOR
*•I ••$50,000.00 TOTAL
I COST
Households %of Proration Balance of Costs Eligible Electors %of Proration Balance of Costs Eligible Electors %of Proration Balance of Costs
N/A N/A N/N/A N/A N/N/A N/A $491,895.00 $491,895.00
•65,415,66.157%$33,078.118,041 100.00%$114,500.00 118,041 25.900%$155,710.65 $303,289.29
33,338 33.716%$16,858.15 WA N/A W 61,169 13.421%$80,689.46 $97,547.61
•N/A N/A N/N/A N/A N/161,189 35.367%$212,628.18 $212,628.1
N/A N/A N/A N/A N/A N/105,561 23.161%J $139,247.99 $139,247.99
•N/A N/A W N/A N/A NI 8,731 1.916%{$11,517.27 $11,517.27
N/A N/A W N/A N/A NI 596~0.1 31 %[$786.20 $786.20
•N/A N/A W N/A N/A N/12~0.003%$15.83 $15.83
WA N/A N/N/A WA N/12 0003%’.$15.83 $15.83
75 0.076%$37.93 N/A WA N/250 0.055%$329.78 $367.71
50 0.051%$25.28 N/A N/A N/200 0.044%$263.82 $289.11
.4...
IThe State reimburses the county for forty-five percent of election costs ($491,895.00).Coordinating entities share onlythose election costs that are not reimbursed by the State ($601,205.00).
EXHIBIT C
EXHIBIT A TO RESOLUTION 2025-048
LARIMER COUNTY Cost -TABOR Cost -Election
2025 COORDINATED $9250000 $109310000 TOTAL
ELECTION COST
ENTITY BILLING Households %of Proration Balance of Costs Eligible Electors %of Proration Balance of Costs Eligible Electors %of Proration Balance of Costs
Larimer County 147,394 59.880%$55,389A4 WA N/A NI 276~085~37.748%~$412,619.86 $468,009.30
City of Fort Collins 65,415 26.576%$24,582.41 118,041 100.00%$114,500.00 118,041 16.139%j $176.416.90 $315,499.32
‘—-—-—F--—-—
City of Loveland 33,338 13.544%$12,528.14 WA N/A W 61.169J 8.363%j $91,419.47 $103,947.61
Poudre School R-1 N/A N/A N/WA N/A W 161,189 22.039%i $240,903.28 $240,903.28
Thompson School R2-J N/A N/A N/A N/A N/A NI 105,561 14.433%~$157,765.05 $157,765.05
Estes Park School R-3 N/A N/A N/WA N/A WA 8,731 1.194%~$13,048.82 $13,048.82
St.Vram Valley School RE-1J N/A WA N/N/A N/A N/A ——596 —-~;;;f—-——;;;;;$890.75
Weld County School RE-5J N/A WA N/N/A N/A N/12 0.002%$17.93 $17.93
Aims Community College N/A N/A N/N/A N/A N/12 0.002%$17.93 $17.93
100%$1,093,100.00 $1,300.1 00.00
EXHIBIT D
EXHIBIT A TO RESOLUTI N 2025-048
LARIMER COUNTy Cost -TABOR Cost -Election
2025 COORDINATED $50000.00 $1093100.00 TOTAL
ELECTION COST
ENTITY BILLING Households %of Proration Balance of Costs Eligible Electors %of Proration Balance of Costs Eligible Electors %of Proration Balance of Costs
City of Fort Collins 65,41 ~i 66.157%$33,078.118,041 100.00%$114,500.00 118,041 25.900%l $283.1 10.26 $430,688.91
_____———-----———-4——-—
City of Loveland 33,3381 33716%$16,858.15 N/A N/A N/A 61,169 13.421 %j $146,708.11 $163,566.26
------—-F——-—
Poudre School Wi N/A N/A N/N/A N/A N/A 161,189 35.367%~$386,596.69 $386,596.69
Thompson School R2-J N/A N/A N/WA WA N/105,561j 23.161%i $253,178.15 $253,178.15---—-—~—--——-L--—--
Estes Park School R-3 N/A N/A W N/A WA W 8.7311 1.916%{$20,940.48 $20,940.48
—_
St.Vram Valley School RE-1J N/A N/A N/N/A N!A N/596l 0.131%j $1,429.45 $1,429.45
Weld County School RE-SJ N/A N/A W N/A N/A N/12 0.003%J $28.78 $28.78
Aims Community College N/A N/A N/N/A N/A N/12 0.003%J $28.78 $28.78
Larimer County PlO #1 75 0.076%$37.93 N/A N/A N/250 O.OSS%i S599.60 $637.53
Larimer County PlO #2 50 0.051%$25.28 N/A N/Al N/200 0.044%l $479.68 $504.96
$50,000.0 100%S1,a93,lao.oo $1,257,600.00
EXHIBIT A TO RESOLUTION 2025-048
EXHIBIT E
Audio
In accordance with Rule 4.6.2.all candidates shall provide an audio recording of their name to County
Clerk no later than the last day upon which Entity certifies the ballot content (September 5.2025),
pursuant to C.RS.§1-5-203(3)(a).
It is the responsibility of Entity to ensure an audio pronunciation is provided for each candidate as it is
certified to County Clerk.The purpose of the audio recording is to be compliant with disability and
accessibility laws providing voting equipment pursuant to C.R.S.§1 5-704.
To be in compliance with the above Code and Rule,County Clerk’s office is providing a voice mailbox
at 970.498.7946 that candidates are required to call to provide the correct pronunciation of their
name.
Upon calling the voice mailbox,they will receive instructions on recording their information,as well as
options for listening,deleting,re-recording and saving their message.Please Inform candidates within
your district of the necessIty of recording the correct pronunciation of their name.
County Clerk’s office will contact Entity if pronunciation guidelines on any ballot race(s),ballot
question(s)and/or ballot issue(s)are needed.
Please contact County Clerk’s office at 970.498.7820 if you have any questions or need additional
information.