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HomeMy WebLinkAbout20251331.tiffWELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this 126th clay of rebruary. a,y 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 Coordinated Election to be held on Tuesday, November 4, 2025, ("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 eonFt-19,e'ciL& 5/4/25 CC: C12-CCk t 12S,14-1) I ovtracC,C*\ p-Each`gf f 5/14/25 2025-1331 C' _1\ MAR 0 3 2025 u-634), 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: a. To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on November 3rd; and 6:00 a.m. to 9:00 p.m. on Election Day, November 4th. 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. 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 parry 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 1l&day of tvte,LA. , 2025 ELECTION DIVISION: FACILITY PROVIDER: By: Printed Name: Chuck Jensen By: Printed Name: Car y Koppes Title: Weld County Clerk and Recorder Attest: ert x:/.; Weld County Clerk to the Board Deputy Clerk to the Board Approved as to Form: 'al �" • County Attorney Title: VP Admin Services Page 4 of 4 Board of County Commissioners Weld County, Colorado 206-3310-1) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this 26th clay of Februaryt_ , 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 Coordinated Election to be held on Tuesday, November 4, 2025, ("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 MAR C 3 2025 Z075-1331(24', 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: a. To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on October 27th — November 3rd; 8:00 a.m. to 12:00 p.m. on Saturday, November 1st; and 6:00 a.m. to 9:00 p.m. on Election Day, November 4th. On the Friday immediately preceding the opening of the Voter Service and Polling Center and on the Wednesday immediately following Election Day, Facility Provider shall provide Election Division access to the Available Room for supply and equipment drop off and pickup, according to the terms and conditions stated herein, without unreasonable interference. b. To provide to Election Division the use of tables, chairs, and bathroom facilities, Web - access (either through an existing network or the ability for Weld County to install a T1 line and any equipment to the building at the expense 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. 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 parry 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 parry 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 1yAilay of tit 2025. ELECTION DIVISION: By: Printed Name: Carly Koppes Title: Weld County Clerk and Recorder FACILITY PROVIDER: By: chucu;erisei. Printed Name: Chuck Jensen Title: VP Aclmin Services Attest: bel%64, Board of County Commissioners Weld County Clerk to the Board By: Deputy Clerk to the Board Approved as to Form: e Atsviag County Attorney Page 4 of 4 eld County, Colorado L. Buck, Chair MAY 1 4 2025 2015- 133 ( CH) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this a5kday of 2QZ by and between the Weld County Clerk and Recorder Election Division, by and through the Bo d 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 Coordinated Election to be held on Tuesday, November 4, 2025, ("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 USW 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 MAR 0 5 2025 2025 -133I (34 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: a. To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m. on October 27th — November 3rd; 8:00 a.m. to 12:00 p.m. on Saturday, November 1st; and 6:00 a.m. to 9:00 p.m. on Election Day, November 4th. On the Friday immediately preceding the opening of the Voter Service and Polling Center and on the Wednesday immediately following Election Day, Facility Provider shall provide Election Division access to the Available Room for supply and equipment drop off and pickup, according to the terms and conditions stated herein, without unreasonable interference. b. To provide to Election Division the use of tables, chairs, and bathroom facilities, Web - access (either through an existing network or the ability for Weld County to install a T1 line and any equipment to the building at the expense 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. 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 parry'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 parry 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 I14` day of , 2036 ELECTION DIVISION: By:� Printed Name: Carly oppes Title: Weld County Clerk and Recorder Attest: ddorx,,,,) Jelt,;(4. Weld County Clerk to the Board By: Deputy Clerk to the Board Approved as to Form: 8 pelt tit 94p County Attorney FATETIT PROVID By: A TYL L. Printed Name:)eh ra, d CAI e (7 Title: Cictiy,pa.c 4:6/72 63' Page 4 of 4 Board of County Commissioners Weld County, Colorado Perry . Buck, Chair MAY 1 4 2025 7025-1331 (3-0 WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this JO_ day of 47,1, 20_26-13y and between the Weld County Clerk and Recorder Election Division, by and through the Board o£ Weld County Commissioners, whose address is 1250 H Street, Greeley, CO 80631, hereinafter referred to as "Election Division," and The University of Northern Colorado, whose address is 1051 22" St, 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 Coordinated Election to be held on Tuesday, November 4, 2025, ("Election Day"), and WHEREAS, Election Division is in need of a facility to use as a Voter Service and Polling Center in the course of conducting said election in the area where Facility Provider's building is located, and WHEREAS, Facility Provider owns or leases a building located at Campus Commons 1051 22"d St, Greeley, CO 80639, which is ADA accessible, has handicap parking, and has room, atrium, or lobby space available ("Available Room") for use by Election Division as a Voter Service and Polling Center in the course of conducting said election. NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set forth herein, Facility Provider hereby agrees to allow Election Division to use the Available Room as a Voter Service and Polling Center, according to the following terms and conditions: 1. TERM: This Agreement is for Election Day and the stated days before and after as specified in Section 4(a) only, but may be renewed under the same terms and conditions set forth herein by letter agreement signed by both of the parties for subsequent elections, if desired. 2. RENT: If Applicable, Election Division shall pay a one-time all-inclusive fee of $ for use of the Available Room during the term of this Agreement, which shall be due and payable within thirty (30) days of receipt of bill from Facility Provider after Election Division is finished utilizing the Available Room pursuant to the terms of this Agreement. 3. ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. b. To ensure that the Voter Service and Polling Center activities conducted in the Available Room during Election Day proceed in an orderly fashion and does not unreasonably interfere with Facility Provider's operations. Page 1 of 4 APR 1 0 2025 ion -1331 to -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 terns 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: a. To provide to Election Division the use of the Available Room as a Voter Service and Polling Center during the hours of 7:30 a.m. to 5:30 p.m, on November 3rd; and 6;00 a.m. to 9:00 p.m. on Election Day, November 4th. 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 as 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 o£ 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 inunu pities 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 Govermnental 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 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-Oly of \q1 (,,L), 202 _ J ELECTION DIVISION: FACILITY PROVIDE ByQD By: Printed Name: Car ppes Printe Title: Weld County Clerk and Recorder Title: n� k Printed Na e. eriy Buck MAY 1 4 2025 Title: Chairman — Board of Weld County Commission e ATTEST: VC.0) O Clerk the Board IN I lam' eputy Clerk to the Board By: By: Page 4 of 4 za5--1331 c y -i) Houstan Aragon From: Sent: To: Cc: Subject: Houstan, Byron Howell Friday, May 9, 2025 2:55 PM Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Adria Schiel Carly Koppes; Rudy Santos; CTB RE: SIGNATURE REVIEW: FOUR (4) FACILITY USAGE AGREEMENTS FOR COORDINATED ELECTION These look okay and ready for placement on an agenda. Note: Two (Trinity Lutheran and UNC) had a dollar price inserted for facility use fee. Two (both Aims College) did not. To me, that means zero dollars charged by Aims College for use of their particular facilities. Thanks, Byron L. Howell Assistant Weld County Attorney Weld County Attorney's Office 1150 O Street Greeley, Colorado 80632 970-400-4394 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Houstan Aragon <haragon@weld.gov> Sent: Friday, May 9, 2025 12:18 PM To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@weld.gov> Cc: Carly Koppes <ckoppes@weld.gov>; Rudy Santos <rsantos@weld.gov>; CTB <CTB@co.weld.co.us> Subject: SIGNATURE REVIEW: FOUR (4) FACILITY USAGE AGREEMENTS FOR COORDINATED ELECTION Good afternoon, Please review and advise as to placement on the Wednesday, May 14, 2025, Consent Agenda, pursuant to Approved Standard Form Resolution #2018-1418. Please also remember to reply -all to this email. Thank you, Hello