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
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5/4/25
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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
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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