HomeMy WebLinkAbout20242334.tiffWELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this 8th day of May , 2024, 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 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 Presidential General Election to be held on Tuesday, November
5th, 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 $ 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 POSTMARKED RECEIVED
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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 November 1st and November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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.
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
i. 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 thisday of Ni
2(&
ELECTION LC,
DIVISION:
By:
Printed Name: Carly oppes
Title: Weld County Clerk and Re
/`'
By: $ rt3
Printed Name: Kevin Ross
Title: Chairman — Board of Weld County Commissioners
FACILITY
PROVIDER:
Printed Name: Chuck Jensen
isle: VP Administrative Services
ATTEST: ddelf u4) X ; A
Clerk to the Board
B
eputy Clerk to the Board
Page 4 of 4
2O2y-233(1 -1(L)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this 8th day of May , 2124, 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 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 Presidential General 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 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 POSTMARKED RECEIVED
JUL 2 9 2024 JUL 2 9 2024
WELD COUNTY ELECTIONS
zo24 Z3* -2(0
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 October 21st — November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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 WITNESS WHEREOF, the parties hereto have signed this Agreement thieday of Ai --,
2
ELECTION DIVISION:
By C)'
Printed Name: Carly Koppes
Title: Weld County Clerk and Rec
By: 0
Printed Name: Kevin Ross SEP 0
Title: Chairman — Board of Weld County Commissioners
FACILITY PROVIDER:
y: i1,u<{. r. Noy, 20241.6:29 mnr,
Printed Name: Chuck Jensen
• le: VP Administrative Services
ATTEST:' " "jel0;‘1
Clerk to the Board
By:
Deputy Clerk to the Board
Page 4 of 4
%OV4 2334 -2 (1)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this day of tire, 20 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 Carbon
Valley Recreation Center, whose address is 701 5th St, Frederick, CO 80530 hereinafter referred to
as "Facility Provider."
WITNESSETH:
WHEREAS, Election Division is responsible for conducting elections in Weld County,
Colorado, including the upcoming Presidential General 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 in the area where Facility Provider's building is located, and
WHEREAS, Facility Provider owns or leases a building located at 701 5th St, Frederick, CO
80530, 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
POSTMARKED RECEIVED
JUN 112021 JUN 112024
WELD COUNTY ELECTIONS
2.024-7- 3 &-1-30)
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 6:00 a.m. to 9:00 p.m. on Election Day, November
5th. 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 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.
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.
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 1 i day of J(// P ,
204
ELECTION
DIVISION:
By:
Printed Name: Carly Koppes
Title: Weld County Clerk and Recorder
By:
Printed Name: Kevin D. Ross SE
Title: Chairman — Board of Weld County Commissioners
FACILITY PROVIDER:
Printed Name: er L4r.e/
ATTEST: ;ei
By:
Clerk to the Board
Deputy Clerk to the Board
Page 4 of 4
ZOZ4 -mg -3(I)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this 27 day of June, 2024, 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 Erie
Community Center, whose address is 450 Powers St, Erie, CO 80516 hereinafter referred to as
"Facility Provider."
WITNESSETH:
WHEREAS, Election Division is responsible for conducting elections in Weld County,
Colorado, including the upcoming Presidential General 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 in the area where Facility Provider's building is located, and
WHEREAS, Facility Provider owns or leases a building located at 450 Powers St, Erie, CO
80516, 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 $0 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 POSTMARKED RECEIVED
JUN 2 8 2024 JUN 2 8 2024
WELD COUNTY ELECTIONS
z 0 4 -y(I)
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 November 1st and November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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.
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:
The Mitchell Room, Briggs Room, and Kitchen will be available as requested. Booked
hours are as follows for all three rooms: Oct 31: 2pm-9pm, Nov 1: 5am-7pm, Nov 2:
7am-7pm, Nov 3: 8am-5pm, Nov 4: 5am-9pm, Nov 5: 5am-9pm, Nov 6: 5am-12pm.
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
i. 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 14 day of June, 2024.
ELECTION DIVISION:
By:��
Printed Name: Carly oppes
Title: Weld County Clerk and Record
By: )C
Printed Name: Kevin D. Ross SE
Title: Chairman — Board of Weld County Commissioners
FACILITY PROVIDER:
By:
' •inted Name: Rachel Wysuph
ecreation Division Manager
ATTEST: -W- •
Clerk to the Board
By:
Deputy Clerk to the Board
Page 4 of 4
2024-2334 —(40) O)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this aday of,t:ine , 2024 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
Evangelical Free Church of Eaton, whose address is 1325 3" St, 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 Presidential General 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 in the area where Facility Provider's building is
located, and
WHEREAS, Facility Provider owns or leases a building located at 1325 3" St, 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 $ NA 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
POSTMARKED RECEIVED
JUN 24 2024 JUN 2 4 2024
WELD COUNTY ELECTIONS
20244-Z33e-I -5W
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.
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 6:00 a.m. to 9:00 p.m. on Election Day, November
5th. 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 staff members shall be allowed access to the Available
Room prior to the opening of the polls.
e. Use restrictions: t�
P C S4 for t -L,(43Sttnalcct
liter t�t LA..Ors01,exinc-cl. pir
Nov. Sri i Tj( tfaryl.
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.
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 ty24-IO-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 aq day of ,JL.l 1c.
20 3
ELECTION DIVISION:
By:
Printed Name: Carly oppes
Title: Weld County Clerk and Re
By: . _ V .�
Printed. Name: Kevin D. Ross SEP 0 Ztr24
Title: Chairman — Board of Weld County Commissioners
FACILITY PROVIDER:
By:
nted Name: Y; ) r k -p a t n k -
\Sr
Se,ni ar
ATTEST: -*'•C) •aC_,�",!);41
Clerk t the Board
By:
eputy Clerk to the Board
Page 4 of 4
ZoZLl-2334. —5(J
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made thisl" day o k , 2(bik, by and between the Weld County
Clerk and Recorder Election Division, by and through�oard of Weld County Commissioners, whose
address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and Hudson
Town Hall, whose address is 50 S. Beech St, Hudson, CO 80642, hereinafter referred to as "Facility
Provider."
WITNESSETH:
WHEREAS, Election Division is responsible for conducting elections in Weld County,
Colorado, including the upcoming Presidential General Election to be held on Tuesday, November
5th, 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 50 S. Beech St, Hudson, 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 $ 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
POSTMARKED RECEIVED
JUL 19 2024 JUL 19 2024
WELD COUNTY ELECTIONS
2oz4-2334 - o)
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 November lot and November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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.
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
i. 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 - P day of ,
2Q4
ELECTION DIVISION: f FACILITY PROVIDER:
By
Printed Name: Car y Koppes
Title: Weld County Clerk and
By:
p >�
` nted ame: -.a
tle: Tenon
Printed Name: Kevin D. Ross SEP 0 4 2024
Title: Chairman — Board of Weld County Commissioners
ATTEST: ../.�C0teA/ �•
Clerk I. the Board
B
eputy Clerk to the : oard
Page 4 of 4
Zozu-233'} - b(1)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this 16th day of July 2024, 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
Johnstown Senior Center, whose address is 101 Charlotte St, Johnstown, CO 80534 hereinafter
referred to as "Facility Provider."
WITNESSETH:
WHEREAS, Election Division is responsible for conducting elections in Weld County,
Colorado, including the upcoming Presidential General 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 in the area where Facility Provider's building is located, and
WHEREAS, Facility Provider owns or leases a building located at 101 Charlotte St, Johnstown,
CO 80534, 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 $_0 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
POSTMARKED RFC t"ED
JUL 16 2024 JUL 16 2024
WELD COUNTY ELECTIONS
ZOZ4-2331}-1(1)
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 6:00 a.m. to 9:00 p.m. on Election Day, November
5th. 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 Tl
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:
The Election Division has agreed to and must be out of the Facility no later than 8:30 AM
on Wednesday November 6, 2024.
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.
5. MISCELLANEOUS PROVISIONS.
Page 2 of 4
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 16th day of July, 2024.
ELECTION DIVISION:
FACILITY PROVIDER •
Srni ,7
By: % By:
Printed Name: Carly oppesinted Name: Hannah Hill
Title: Weld County Clerk and Reco �°�_':i Town Clerk
By:
Printed Name: Kevin D. Ross
SE
Title: Chairman — Board of Weld County Commissioners
CidorAVO
ATTEST:
B
Clerk to the Board
eputy Clerk to the Board
Page 4 of 4
2uzy-z33q-1(1)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this 17th day of July, 2024, 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
Nunn Town Hall, whose address is 185 Lincoln Ave, Nunn, CO 80648 hereinafter referred to as
"Facility Provider."
WITNESSETH:
WHEREAS, Election Division is responsible for conducting elections in Weld County,
Colorado, including the upcoming Presidential General 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 in the area where Facility Provider's building is
located, and
WHFRFAS, Facility Provider owns or leases a building located at 185 Lincoln Aye, 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, 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 1
POSTMARKED RECEIVED
JUL 17 2024 JUL 17 2024
WELD COUNTY ELECTIONS
ZO2.5I 233{ -3t1)
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.
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 November 1st and November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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.
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:
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 2
until the polls open. Thereafter the Available Room shall be open to the public.
5. MISCELLANEOUS PROVISIONS.
a. It is expressly understood aiid 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 he 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 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 thiOlt11 day Otorh;-
2491
2
ELECTION DIVISION
By:
FACILITY PROVIDER:
By:
Printed Name: Carly 'oppes ' - r -T Printed Name: Cathy.Psyne _
Title: Weld County Clerk and Reco
By:
Printed Name Kevin D. Ross SEP o
Title: Chairman — Board of Weld County Commissioners
e: Town Clerk/Treasurer
Lf
Page 5 of S
ZOZ�-1-233�I -�«�
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this /.3 day of du.ht , 20. ( 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
Platteville Town Hall, whose address is 400 Grand Ave, Platteville, CO 80651, hereinafter referred
to as "Facility Provider."
WITNESSETH:
WHEREAS, Election Division is responsible for conducting elections in Weld County,
Colorado, including the upcoming Presidential General Election to be held on Tuesday, November
5th, 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 400 Grand Ave, Platteville,
CO 80651, 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 $ co 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.
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.
POSTMARKED RECEIVED
Page 1 of 4
JUN 13 2024 JUN 13 2024
WELD COUNTY ELECTIONS
702A-2334 -GM
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 November 1st and November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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.
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.
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.
Page 2 of 4
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 this1t0day of u —,
241.
ELECTION DIVISION:
By:
Printed Name: Carly oppes
Title: Weld County Clerk and Recorde
By:
o.J
Printed Name: Kevin D. Ross SEP 0 4
Title: Chairman — Board of Weld County Commissioners
FACILITY PROVIDER:
ATTEST: det
Clerk othe
Board
akaoio-ri
By: Wi'
Deputy Clerk to the Boar
Page 4 of 4
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this f 4' day of V, 2O, by and between the Weld County
Clerk and Recorder Election Division, by and through the 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 Presidential General 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 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 $ 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
POSTMARKED RECD'" -
MAY 0 9 2024 MAY 14 L.,
[WELD COUNTY ELECTk , n�
c - -23344-16M
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 October 21st — November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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
i. 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.lay of,
20J.
ELECTION DIVISION:
By: By:
Printed Name: Carly Koppes ' nted Name: br oe()Metier
Title: Weld County Clerk and Reco r �r ri : CI Arne cts P vty 1. r km i rr-7
By: 7( 0_
Printed Name: Kevin Ross SEP 0 4 2024
Title: Chairman — Board of Weld County Commissioners
FACILITY PROVIDER:
ATTEST: G: J1-d.9't1
Clerk to the Board
By:
eputy Clerk to the Board
a91) -Y)
Page 4 of 4
zoz(4-233cL —1U(\)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this5 ay of J , 20z,Vby and between the Weld County
Clerk and Recorder Election Division, by and through thelard of Weld County
g 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 105h 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 Presidential General 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 in the area where Facility Provider's building is located, and
WHEREAS, Facility Provider owns or leases a building located at 204510th Ave, 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 4' 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
POSTMARKED RECEIVED
JUL 2 6 2024 JUL 2 6 2024
WELD COUNTY ELECTIONS
Z0Ze-i -Z33t4 -11(\)
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 November 1st and November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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.
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.
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 §§24-1 0-101 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
i. 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 thiy")t day of
20,9,A
ELECTION DIVISION:
By:\�
Printed Name: Carly oppes
Title: Weld County Clerk and Record
By:
Printed Name: Kevin Ross SEP 0 4 20
Title: Chairman — Board of Weld County Commissioners
FACILITY PROVIDF
By:
6
ted ame:
ATTEST: ri/1./ . .L;VA
By:
Clerk o the Board
Deputy Clerk to the Board
Page 4 of 4
zolL-2334 —tIC1)
WELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT. is made this day of , 20, by and between the Weld County
Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose
address is 125O H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and
Windsor Recreation Center, whose address is 250 11th 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 Presidential General 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 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:
a To keep the Available Room clean and neat as used on Election Day.
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 I of 4
POSTMARKED RECEIVED
JUN 18 2024 JUN 18 2024
WELD COUNTY ELECTIONS
707 L{ -7S(4.- t '2 ( )
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 November 1st and November 4th;
8:00 a.m. to 5:00 p.m. on Saturday, November 2nd; and 6:00 a.m. to 9:00 p.m. on Election
Day, November 5th. 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.
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:
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 it day of
20�? .
ELECTION DIVISION:
By:(
Printed Name: Carly Koppes
Title: Weld County Clerk and Record
By:
Printed Name: Kevin D. Ross
Title: Chairman — Board of Welds ounty Co~' ssioners
FACILITY PROVIDER:
ByAw4,d,9,4
Printed Name: Lai,
i/ In
ATTEST: ,��ryy� f G: ;t1
By:
Clerk to the Board
Deputy Clerk to the Board
Page 4 of 4
zozck - 2Zb4-1 Z U
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