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Home My WebLink About20242322.tiffRESOLUTION RE: APPROVE FACILITY USAGE AGREEMENT FOR PRESIDENTIAL GENERAL ELECTION AND AUTHORIZE CHAIR TO SIGN - AULT-PIERCE FIRE PROTECTION DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Facility Usage Agreement for the Presidential General Election between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office, and the Ault -Pierce Fire Protection District, commencing and ending November 5, 2024, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Facility Usage Agreement for the Presidential General Election between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office, and the Ault -Pierce Fire Protection District, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY DO ATTEST: davivo Weld County Clerk to the Board Kevin,Ross, Chair ry1 , . \,a . to £C erry L. Bu Pro-Tem BY: I I 1 (,(JCjil ` Deputy Clerk to the Board AP County At orney Date of signature: /IO/2L1L e eR(cK/as/AG) Oq/t I /rte e Fre-man K'James 257,4,A. on Saine 2024-2322 CR0035 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DEPARTMENT: PERSON REQUESTING: IGA for Ault Fire - Voting Service and Polling Center Clerk and Recorder - Elections Carly Koppes DATE: 08/29/2024 Brief description of the problem/issue: The standard IGA was changed by Ault -Fire and will need to be placed on the agenda instead of the normal process of the consent agenda. Matt Conroy and I have reviewed the small changes and do not see any issues, What options exist for the Board? Approve the IGA to be placed on the upcoming agenda for BOCC signature Consequences: Delay in signing the IGA Impacts: Not having an official IGA with Ault could lead to more county liability Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: 7ero Recommendation: Approval placement of IGA on the agenda to have BOCC Chair sign Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Support Recommendation Schedule Place on BOCC Agenda Work Session )14-Cte?/. 9tf-xisci? 7A-c•ect/tote9ttstat/ait-(.t �i Other/Comments: 2024-2322 q/4 CV -0U35 Cheryl Hoffman From: Sent: To: Subject: Yes I approve Kevin Ross Friday, August 30, 2024 7:34 AM Cheryl Hoffman RE: Pass -Around for review From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 30, 2024 7:33 AM To: Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Karla Ford <kford@weld.gov> Subject: FW: Pass -Around for review Good morning, Commissioners, 1 received a Pass Around from our Clerk and Recorder Carly Koppes who requests this item be added to our agenda on Wednesday, Sept 4. Since we have the holiday on Monday, could you please review and let me know as soon as possible if you agree with placement on our agenda? Thanks so much to all of you! Have a wonderful extended weekend and Happy Labor Day! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov From: Esther Gesick <egesick@weld.gov> Sent: Thursday, August 29, 2024 4:27 PM To: Cheryl Hoffman <choffman@weld.gov> Cc: Houstan Aragon <haragon@weld.gov>; Carly Koppes <ckoppes@weld.gov>; Rudy Santos <rsantos@weld.gov>; Karla Ford <kford@weld.gov> Subject: FW: Pass -Around Cheryl, Here is a C&R PA for processing, with hopes of this item being listed on the 9/4 Agenda. Thanks, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758' Greeley, CO 80632 tel: (970) 400-4226 1 Cheryl Hoffman From: Sent: To: Cc: Subject: I approve - thanks! Scott James Friday, August 30, 2024 7:35 AM Cheryl Hoffman Kevir Ross; Perry Buck; Mike Freeman; Scott James; tor: Saine; Esther Gesick; Kar Re: Pass -Around for review Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758. Greeley, Colorado 80632 970.336.7204 (Office) 970 381 7496 (Cell) a Ford Confidentiality Notice: This electronic transmission and any attached documents or other writings are interded only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Aug 30, 2024, at 7:33 AM, Cheryl Hoffman <choffman@weld.gov>wrote: Good morning, Commissioners, I received a Pass Around from our Clerk and Recorder Carly Koppes who requests this item be added to our agenda on Wednesday, Sept 4. Since we have the holiday on Monday, could you please review and let me know as soon as possible if you agree with placement on our agenda? Thanks so much to all of you! Have a wonderful extended weekend and Happy Labor Day! Cheryl L. Hoffman Deputy Clerk to the Board 1750 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov From: Esther Gesick <egesick@weld.gov> Sent: Thursday, August 29, 2O24 4:27 PM To: Cheryl Hoffman <choffman@weld.gov> 1 Cheryl Hoffman From: Sent: To: Cc: Subject: I approve Perry Buck Friday, August 30, 2024 8:24 AM Cheryl Hoffman; Kevin Ross; Mike Freeman; Scott James; Lori Saine Esther Gesick; Karla Ford RE: Pass -Around for review Perry L Buck Weld County Commissioner at Large Weld County 1150 "O" Street Greeley, CO 80631 970-400-4206 (Work) 970-573-2377 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 30, 2024 7:33 AM To: Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Karla Ford <kford@weld.gov> Subject: FW: Pass -Around for review Good morning, Commissioners, I received a Pass Around from our Clerk and Recorder Carly Koppes who requests this item be added to our agenda on Wednesday, Sept 4. Since we have the holiday on Monday, could you please review and let me know as soon as possible if you agree with placement on our agenda? Thanks so much to all of you! Have a wonderful extended weekend and Happy Labor Day! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 1 Cheryl Hoffman From: Sent: To: Cc: Subject: Approve Sent from my iPhone Mike Freeman Friday, August 30, 2024 8:43 AM Cheryl Hoffman Kevin Ross; Perry Buck; Scott James; Lori Saine, Esther Gesick; Karla Ford Re Pass -Around for review On Aug 30, 2024, at 7:33 AM, Cheryl Hoffman <choffman@weld.gov>wrote: Good morning, Commissioners, I received a Pass Around from our Clerk and Recorder Carly Koppes who requests this item be added to our agenda on Wednesday, Sept 4. Since we have the holiday on Monday, could you please review and let me know as soon as possible if you agree with placement on our agenda? Thanks so much to all of you! Have a wonderful extended weekend and Happy Labor Day! 0 Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov From: Esther Gesick <egesick@weld.gov> Sent: Thursday, August 29, 2024 4:27 PM To: Cheryl Hoffman <choffman@weld.gov> Cc: Houstan Aragon <haragon@weld.gov>; Carly Koppes <ckoppes@weld.gov>; Rudy Santos <rsantos@weld.gov>; Karla Ford <kford@weld.gov> Subject: FW: Pass -Around Cheryl, Here is a C&R PA for processing, with hopes of this item being listed on the 9/4 Agenda. Thanks, Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <irnage00l.jog> Cheryl Hoffman From: Sent: To: Subject: yes Lori Saine Lori Saine Friday, August 30, 2024 10:55 AM Cheryl Hoffman RE: Pass -Around for review Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 30, 2024 7:33 AM To: Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Karla Ford <kford@weld.gov> Subject: FW: Pass -Around for review Good morning, Commissioners, I received a Pass Around from our Clerk and Recorder Carly Koppes who requests this item be added to our agenda on Wednesday, Sept 4. Since we have the holiday on Monday, could you please review and let me know as soon as possible if you agree with placement on our agenda? Thanks so much to all of you! i 547'500.2 WELD COUNTY CLERK AND RECORDER Elections Division Facility Use Agreement THIS FACILITY USE AGREEMENT ("Agreement") is made this Jday ofW(pt et024, by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Ault -Pierce Fire Protection District, a political subdivision of the State of Colorado, whose address is 16680 Highway 14, Ault, CO 80610, hereinafter referred to as "Facility Provider." Election Division and Facility Provider are referred to collectively as the "Parties" and individually as a "Party." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming Presidential General Election ("Election") to be held on Tuesday, November 5, 2024 ("Election Day"), and WHEREAS, Election Division is in need of a facility to use as a Voter Service and Polling Center in the course of conducting said Election within Facility Provider's boundaries, and WHEREAS, Facility Provider owns a building located at 16680 Highway 14, Ault, CO 80610, which is ADA accessible, has handicap parking, and has room, atrium, or lobby space available ("Available Room") for use by Election Division as a Voter Service and Polling Center in the course of conducting said Election. NOW, THEREFORE, in consideration of the mutual promises, terms, and conditions set forth herein, Facility Provider hereby agrees to allow Election Division to use the Available Room as a Voter Service and Polling Center, according to the following terms and conditions: 1. TERM: This Agreement commences on the date the last Party signs it and continues until the date Facility Provider receives the rent payment from Election Division pursuant to Section 2 below or December 31, 2024, whichever occurs first ("Term"). 2. RENT: If applicable, Election Division shall pay a one-time all-inclusive fee of $ for use of the Available Room on the days specified in Section 4(a) below, which shall b due and payable within thirty (30) days of receipt of Facility Provider's bill after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. 3. ELECTION DIVISION AGREES: To keep the Available Room in as clean and neat a condition as it is on the first day Election Division uses it. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Page 1 of 4 POSTMARKED RECEIVED AUG 13 2024 AUG 13 2024 WELD COUNTY ELECTIONS 2OZ°-J-232Z Room during Election Day proceed in an orderly fashion and do not interfere with Facility Provider's emergency services operations. c. To provide Facility Provider with proof of adequate insurance to cover liability incurred during and in the course of Voter Service and Polling Center activities conducted in the Available Room during the Term. d. To not make deliveries to the Available Room after 4 p.m. on the Sunday before the Election Day. 4. FACILITY PROVIDER AGREES: a. To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 6:00 a.m. to 9:00 p.m. on Election Day, November 5th. In addition, on the Sunday immediately preceding the opening of the Voter Service and Polling Center and on the Wednesday immediately following Election Day, Facility Provider shall provide Election Division access to the Available Room for supply and equipment drop off and pickup, according to the terms and conditions stated herein, without unreasonable interference. b. To provide to Election Division the use of tables, chairs, and bathroom facilities, Web - access (either through an existing network or the ability for Weld County to install a T1 line and any equipment to the building at the expense of the Election Division), and access to a phone line for calling out. c. To inform the Election Division of any changes to Facility Provider's Internet Service. d. Facility Provider understands and acknowledges that once the Voter Service and Polling Center is set up, only Election Division staff members shall be allowed access to the Available Room prior to the opening of the polls. Thereafter the Available Room shall be open to the public. e. Use restrictions: 5. SECURITY: No later than August 1, 2024, Election Division shall inspect the Available Room and advise Facility Provider if Election Division wants additional security for the Available Room, and the specific additional security being requested. If the Parties are unable to agree upon the additional security, this Agreement shall immediately terminate. Page 2 of 4 5471500.2 6. MISCELLANEOUS PROVISIONS: a. 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 Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the Parties that any person or entity other than the Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. b. This Agreement contains the entire agreement and understanding between the Parties and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. c. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the Parties. d. No portion of this Agreement shall be deemed to constitute a limitation on or waiver of any rights, privileges, immunities and defenses provided to the Parties or their officers, employees and volunteers under federal or state constitutional, statutory, or common law, including, but not limited to, the Colorado Governmental Immunity Act §§24-10-101, et seq., as applicable now or hereafter amended. e. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one valid and binding instrument. f. Any amendments or modifications to this Agreement shall be in writing signed by both Parties. g. 5471500.2 The Parties agree that each is an independent contractor and that neither Party's officers, employees, or volunteers will become employees of the other, nor entitled to any employee benefits from the other, as a result of the execution of this Agreement. Each Party shall be solely responsible for its acts and those of its employees, volunteers, and agents for all intentional or negligent acts or omissions made pursuant to this Agreement. Page 3 of 4 h. Neither Party shall be liable to the other Party for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or governmental actions. i. Each Party shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established. J. Either Party may terminate this Agreement, with or without cause, upon sixty (60) days prior written notice to the other Party. In addition, Election Division may terminate this Agreement, with or without cause, on thirty (30) days prior written notice, provided that it includes the rent specified in Section 2, above, with its notice of termination to the Facility Provider. IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date set forth in the first paragraph of this Agreement. ELECTION DIVISION: FACILITY PROVIDER: a,C O,,,,C1 Printed Name: Carly*pes Title: Weld County Clerk and Recorder '261 By: 0. Printed Name: Kevin D. Ross SEP o 4 2024 Title: Chairman — Board of Weld County Commiss ATTEST: Clerk the Board By: Deputy Clerk to the Board CVLOdal 5471500.2 By: Printed Name: Adam Ferrell Page 4 of 4 Chief 02o.2,/, 2502,2 - (1) FACILITY USAGE AGREEMENT FOR PRESIDENTIAL GENERAL ELECTION - AULT-PIERCE FIRE PROTECTION DISTRICT APPROVED AS TO SUBSTANCE: Department Head;-br EtLdted Official APPROVED AS TO FUNDING: +Watt, Chief Financial Officer, or Controller APPROVED AS TO FORM: Deputy County Attorney Hello