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Home My WebLink About20241117.tiffWELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this (o2iay of I\10,44, 2071, 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 Town of Keenesburg, whose address is 140 S Main St, Keenesburg, CO 80643 hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming June 25th, 2024 Election to be held on Tuesday, June 25, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 140 S Main St, Keenesburg, CO 80643, 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 is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $ for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider 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 clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not unreasonably interfere with Facility Provider's operations. Page 1 of 4 C on SkX1+IFki.hCo- o/(0/24 0200 35 e 1 (k) 2024-1117 _ I C ) c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f. Election Division will not make deliveries to the Available Room after 4 p.m. the Saturday before opening the Voter Service and Polling Center. 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 7:30 a.m. to 5:30 p.m. on June 10th — June 24th; 8:00 a.m. to 12:00 p.m. on Saturday, June 22nd; and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Friday 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 o fthe 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 staff members shall be allowed access to the Available Room prior to the opening of the polls. e. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open. Thereafter the Available Room shall be open to the public. Page 2 of 4 5. 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 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. f. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that each is an independent contractor and that neither party's officers, agents or employees 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 agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this (,D day of Ni 20A ELECTION DIVISION: Printed Name: Carly Koppes Title: Weld County Clerk and Recorder FACILITY PROVIDER: vtk Printed Name: 14014 LOLig Title: By: . Printed Name: Kevin D. Ross MAY 0 6 2024 Title: Chairman — Board of Weld County Commissioners ATTEST: W... e,) Clerk to the Board Deputy Clerk to the Board Page 4 of 4 cw,/,/i/-746) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement 111 THIS AGREEMENT is made this _ dgy of , 20Z0& by and between the Weld County Clerk and Recorder Election Division, by and through the Thieard of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Windsor Recreation Center, whose address is 250 11"' St, Windsor, CO 80550 hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming June 25th, 2024 Election to be held on Tuesday, June 25, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 250 11`►' St, Windsor, CO 80550, 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 is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider 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 clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not unreasonably interfere with Facility Provider's operations. Page 1 of 4 ConSe.rrF 0rd& 5/(9/ 24 MAR 2 9 2024 2O21 -fl -2U) C235 c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f. Election Division will not make deliveries to the Available Room after 4 p.m. the Thursday before opening the Voter Service and Polling Center. 4. FACILITY PROVIDER AGREES: To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on June 10th — June 24th; 8:00 a.m. to 12:00 p.m. on Saturday, June 22nd; and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Friday 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 teems 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 Ti 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 setup, only election staff members shall be allowed access to the Available Room prior to the opening of the polls. e. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open. Thereafter the Available Room shall be open to the public. Page 2 of 4 5. 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 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. f. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that each is an independent contractor and that neither party's officers, agents or employees will become employees of the other, nor entitled to any employee benefits front the other as a result of the execution of this Agreement. Each party shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. J. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this (4'day of MCJv1.1 201'1 . ELECTION DIVISION: FACILITY. PROVIDER: By:�? Printed Name: Carly Koppes Title: Weld County Clerk and Recorder Title: Dpt.hi By: Printed Name: 1i 4 gb j By: 1l Printed Name: Kevin D. Ross MAY 0 6 2024 Title: Chairman — Board of Weld County Commissioners Deputy Clerk to the Board Page 4 of 4 aoa'/_ ///7--2-6) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this (p 'day of (Y( ,20d, by and between the Weld County Clerk and Recorder Election Division, by and through th "Board of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Nunn Town Hall. whose address is 185 Lincoln Ave, Nunn, CO 80648 hereinafter referred to as "Facility Provider." WITNESSF.TH• WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming June 25, 21124 Election to he held on Tuesday, June 25, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 185 Lincoln Ave, Nunn, CO 80648, 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, THF.RF.FORF., in consideration of the miitind promises, turns and condition, 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 TERM This Agreement is far Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. REN1,: If Applicable, Election Division shall pay a one-time all-inclusive fee of S.D._ for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. 3 ELECTION DIVISION AGREES: a To keep the Available Room clean and neat as used on Election Day h. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not Page 1 of 4 APR - 1 2024 coheirr- dam. 5/C0/24-1 2a24 -(I I-1 -3CO CV -003S unreasonably interfere with Facility Provider's operations. • To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement d. 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 Election Day if requested. • Election Division may add more security to Available Room, if necessary Election Division will not make deliveries to the Available Room after 4 p.m. the Saturday before opening the Voter Service and Polling Center. 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 7:30 a.m. to 5:30 p.m. on June 24th and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Saturday 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 oft' 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 TI 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. • Facility Provider understands and acknowledges that once the Voter Service and Palling Center is set up, only election staff members shall be allowed access to the Available Room prior to the opening of the polls e. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open Thereafter the Available Room shall he open to the public Page 2 of 2 5. 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 he 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. b. 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 c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an ohligation on the part of' County to expend funds not otherwise appropriated in each succeeding year. d. 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, No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. This Agreement may he executed in counterparts and by facsimile or electronic PDF all of which shall constitute one instrument. Any amendments or modifications to this agreement shall he in writing signed by both parties. Parties agree that each is an independent contractor and that neither party's officers, agents or employees will become employees of the other, nor entitled to any employee benefits from the other as a result of the execution of this Agreement F.ach party shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Page 3 of 3 Neither party to this Agreement shall be liable to the other 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. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this (PTday of .M 20_ ELECTION DIVISION: .By' Printed Name: Carly Koppes Title: Weld County Clerk and Recorder FACILITY PROVIDER: By' Printed Name: rh� cur' y n e Title: dNu #°l CI /ir By: c -- Printed Name: Kevin D. Ross MAY 0 6 2024 Title: Chairman — Board of Weld County Commissioners ATTEST Clerk to the Board UJQAct r J Deputy Clerk to the Board Page 4 of 4 020.4-lll7- 36) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this (O1ay of 20 by and between the Weld County Clerk and Recorder Election Division, by and throug�L , Board of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Briggsdale High School, whose address is 515 Leslie St, Briggsdale, CO 80611 hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming June 25, 2024 Election to be held on Tuesday, June 25, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 515 Leslie St, Briggsdale, CO 80611, 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 is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $ for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider 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 clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not Page 1 of 4 5/C0/24 APR 0 3 2013 zoZy- 1111 -14(I) C12 -003S unreasonably interfere with Facility Provider's operations. c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f Election Division will not make deliveries to the Available Room after 4 p.m. the Saturday before opening the Voter Service and Polling Center. 4. FACILITY PROVIDER AGREES: To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on June 24th and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Saturday 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 aclnowledges that once the Voter Service and Polling Center is set up, only election staff members shall be allowed access to the Available Room prior to the opening of the polls. e. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open. Thereafter the Available Room shall be open to the public. Page 2 of 4 5. MISCELLANEOUS PROVISIONS. 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. f. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that each is an independent contractor and that neither party's officers, agents or employees 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 agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. J• Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this (.01 ''day of M , 2c9L-A ELECTION DIVISION: FACILITY PROVIDER: By: Printed Name: Carly Koppes 1"" Title: Weld County Clerk and Recorder Title: ,,,�,� �f"ch• ��Q�'tiC/V By: yr`,1,-,e " Printed Name: / rd. By. 2 D Printed Name: Kevin D. Ross MAY 0 6 2U24 Title: Chairman — Board of Weld County Commissioners ATTEST: datif.„.0 Clerk to the Bo rd s _ftt • (14U),ICJL Deputy Clerk to the Board Page 4 of 4 WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this ((May of N4c , 20k, by and between the Weld County Clerk and Recorder Election Division, by and through thb' Board of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Benjamin Eaton Elementary School, whose address is 100 S Mountain View Dr, Eaton, CO 80615 hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming June 25, 2024 Election to be held on Tuesday, June 25, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 100 S Mountain View Dr, Eaton, CO 80615, 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 is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $ for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. 3. ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not Page 1 of 4 APR 0 3 2024 ConSer1+ nyhdL-0,-- 2621-1111-5(1) CI20D35 unreasonably interfere with Facility Provider's operations. c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f. Election Division will not make deliveries to the Available Room after 4 p.m. the Saturday before opening the Voter Service and Polling Center. 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 7:30 a.m. to 5:30 p.m. on June 21st — June 24th; 8:00 a.m. to 12:00 p.m. on Saturday, June 22nd; and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Thursday 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 TI 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 staff members shall be allowed access to the Available Room prior to the opening of the polls. e. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room Page 2 of 4 until the polls open. Thereafter the Available Room shall be open to the public. 5. 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 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. f. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that cach is an independent contractor and that neither party's officers, agents or employees 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 agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. J. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this Qiday of ,Q,�, ELECTION DIVISION: By: —Printed Name: Carly Koppes Title: Weld County Clerk and Recorder FACILITY PROVIDER: By: Printed Name: Kevin D. Ross MAY 0 0 2024 Title: Chairman — Board of Weld County Commissioners ATTEST: '®'.) •.le11.v;eA Clerk to the Board Deputy Clerk to the Board Game: S Page 4 of 4 O2O.W-1/17- (I ) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this lQay of_Maki, 20ayby and between the Weld County Clerk and Recorder Election Division, by and through the Boa'ld of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and The University of Northern Colorado, whose address is 2045 10th Ave, Greeley, CO 80639, hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming Primary Election to be held on Tuesday, June 25th, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at Campus Commons 1051 22"d St, Greeley, CO 80639, 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 is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $_ for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. 3. ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not unreasonably interfere with Facility Provider's operations. Page 1 of 4 con,d(►4- pfridA, sicci2,4 202., -Hi 11- I) C 2b0 35 c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f. Election Division will not make deliveries to the Available Room after 4 p.m. the Thursday before opening the Voter Service and Polling Center. 4. FACILITY PROVIDER AGREES: To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on June 24th; and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Saturday 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. a. 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 TI line and any equipment to the building at the expense of the Election Division), and access to a phone line for calling out. b. To inform the Election Division of any changes to Facility Provider's Internet Service. c. Facility Provider understands and acknowledges that once the Voter Service and Polling Center is set up, only election staff members shall be allowed access to the Available Room prior to the opening of the polls. d. Use restrictions: / A€ - Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open. Thereafter the Available Room shall be open to the public. Page 2 of 4 5. 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 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. f. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that each is an independent contractor and that neither party's officers, agents or employees 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 agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. J. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this lQ day of Mou. , 20,LA ELECTION DIVISION: FACILITY PROVI By: '�_ By: Printed Name: Carly oppes Printed Name: Title: Weld County Clerk and Recorder Title: t) &• .041/-• By: 7C o3 Printed Name: Kevin D. Ross fr AY 0 6 2324 Title: Chairman — Board of Weld County Commissioners ATTEST: W.deittAJ ! : ..%(A Clerk to the Board BydaffifY1 • Wait at_ Deputy Clerk to the Board Page 4 of 4 02,0 02 --1,/ 7.- t (1 WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this (0d'day of t\10„Li , 202 , by and between the Weld County Clerk and Recorder Election Division, by and through the Bard of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Aims Community College — Fort Lupton Campus, whose address is 260 College Avenue, Fort Lupton, CO 80621, hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming Primary Election to be held on Tuesday, June 25, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 260 College Avenue Fort Lupton, CO 80621, which is ADA accessible, has handicap parking, and request to use a room, atrium, or lobby space available ("Available Rooms") 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 is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $ for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. 3. ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not unreasonably interfere with Facility Provider's operations. Page 1 of 4 COhseli-oadi-d& si(0/2y ZozL-I 1(l-10) CR0O35 c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f. Election Division will not make deliveries to the Available Room after 4 p.m. the Friday before opening the Voter Service and Polling Center. 4. FACILITY PROVIDER AGREES: To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on June 17th — June 24th; 8:00 a.m. to 12:00 p.m. on Saturday, June 22nd; and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Friday 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. a. 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. b. To inform the Election Division of any changes to Facility Provider's Internet Service. c. Facility Provider understands and acknowledges that once the Voter Service and Polling Center is set up, only election staff members shall be allowed access to the Available Room prior to the opening of the polls. d. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open. Thereafter the Available Room shall be open to the public. Page 2 of 4 5. 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 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. f. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that each is an independent contractor and that neither party's officers, agents or employees 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 agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. J. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this (Quay of M , 2(21. J ELECTION DIVISION: FACILITY PROVIDER: 1 By: ,'V'r) Printed Name: Carly oppes Title: Weld County Clerk and Recorder By: �-- Printed Name: Kevin D. Ross MAY 0 6 2024 • By: NS, 132-11:19 MS, Printed Name: chuck Jensen Title: VT Admin Services Title: Chairman — Board of Weld County Commissioners ATTEST: Clerk to the Board tOwic Deputy Clerk to the Board Page 4 of 4 02.0ov/- /!l7,70 WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made thisc l��)lay of Mu, 2 by and between the Weld County Clerk and Recorder Election Division, by and through theBodifrd of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Trinity Lutheran Church, whose address is 3000 35th Avenue, Greeley, CO 80634, hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming Primary Election to be held on Tuesday, June 25, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 3000 35th Avenue, Greeley, CO 80634, which is ADA accessible, has handicap parking, and request to use the gym, 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 is for,Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of 1:200 for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider 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 clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not unreasonably interfere with Facility Provider's operations. Page 1 of 4 Consul -F -199,0,0 -o - 5/u/2.4 Zoz4 -1111 02.0035 c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f. Election Division will not make deliveries to the Available Room after 4 p.m. the Friday before opening the Voter Service and Polling Center. 4. FACILITY PROVIDER AGREES: To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on June 17th — June 24th; 8:00 a.m. to 12:00 p.m. on Saturday, June 22nd; and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Friday 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. a. 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 Tl line and any equipment to the building at the expense of the Election Division), and access to a phone line for calling out. b. To inform the Election Division of any changes to Facility Provider's Internet Service. c. Facility Provider understands and acknowledges that once the Voter Service and Polling Center is set up, only election staff members shall be allowed access to the Available Room prior to the opening of the polls. d. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open. Thereafter the Available Room shall be open to the public. Page 2 of 4 5. 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 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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. f. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that each is an independent contractor and that neither party's officers, agents or employees 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 agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN TNESS WHEREOF, the parties hereto have signed this Agreement this �0_ day of ► , � �J ELECTION DIVISION: FACJTSITY PROVIDER: Printed Name: Carly'oppes Title: Weld County Clerk and Recorder By: 7� o Printed Name: Kevin D. RossM 0 6 202k By: Printed Name: Lhbrq L lam' oe4evrtese Y Title: l A-1,‘;,,ks AdM i ri rAr,m/ Title: Chairman — Board of Weld County Commissioners ATTEST: Clerk to the Board Ma) Deputy Clerk to the Board Page 4 of 4 ot0o2 /// 7— F6) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this (D ay of 20 24 by and between the Weld County Clerk and Recorder Election Division, by and through the Boyd of Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Aims Community College, whose address is 5401 W 20th St, Greeley, CO 80634, hereinafter referred to as "Facility Provider." WITNESSETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming Primary Election to be held on Tuesday, June 25th, 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 in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at 5401 W 20th St, Greeley, CO 80634, 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 is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $'fL for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. 3. ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not unreasonably interfere with Facility Provider's operations. Page 1 of 4 coMn+ PyndA- sic0iz4 Th7'4 —1 —►. } CO C(2-0035 c. To pay to Facility Provider the room rent agreed to above, if any, payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. d. 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 Election Day if requested. e. Election Division may add more security to Available Room, if necessary. f. Election Division will not make deliveries to the Available Room after 4 p.m. the Thursday before opening the Voter Service and Polling Center. 4. FACILITY PROVIDER AGREES: To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on June 24th; and 6:00 a.m. to 9:00 p.m. on Election Day, June 25th. On the Saturday 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. a. 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. b. To inform the Election Division of any changes to Facility Provider's Internet Service. c. Facility Provider understands and acknowledges that once the Voter Service and Polling Center is set up, only election staff members shall be allowed access to the Available Room prior to the opening of the polls. d. Use restrictions: Facility Provider understands that once the Voter Service and Polling Center is set up there will be no one except Election Division staff members having access to the room until the polls open. Thereafter the Available Room shall be open to the public. Page 2 of 4 5. MISCELLANEOUS PROVISIONS. 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. b. 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. c. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. d. 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. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess 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 instrument. g. Any amendments or modifications to this agreement shall be in writing signed by both parties. h. Parties agree that each is an independent contractor and that neither party's officers, agents or employees 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 agents and employees for all acts performed pursuant to this Agreement. Page 3 of 4 Neither party to this Agreement shall be liable to the other 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. Each party shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established. k. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this tQ�aY of M,j, 2044. 3 ELECTION DIVISION: FACILITY PROVIDER: By: _ J` -SL*. Printed Name: Carly • ✓G oppes Printed Name: Chuck Jensen Title: Weld County Clerk and Recorder Title: VP Administrative Services By: � o Printed Name: Kevin D. Ross Title: Chairman — Board of Weld County Commissioners Deputy Clerk to the Board Page 4 of 4 020,2'4 ///7- 116) Hello