HomeMy WebLinkAbout20222775.tiffWELD COUNTY CLERK AND RECORDER
Elections Division Facility Usage Agreement
THIS AGREEMENT is made this ' day of JO NE- , 2022, 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 General Election to be held on Tuesday, November 8, 2022,
("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 $ 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.
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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:
a. To provide to Election Division the use of the Available Room as a Voter Service and
Polling Center during the hours or 7:30 a.m. to 5:30 p.m. on November 4th — November
7; 8:00 a.m. to 5:00 p.m. on Saturday, November 5th; and 6:00 a.m. to 9:00 p.m. on
Election Day, November 8th. On the Thursday immediately preceding the opening of
the Voter Service and Polling Center and on the Wednesday immediately following
Election Day, Facility Provider shall provide Election Division access to the Available
Room for supply and equipment drop off and pickup, according to the terms and
conditions stated herein, without unreasonable interference.
b. To provide to Election Division the use of tables, chairs, and bathroom facilities, Web -
access (either through an existing network or the ability for Weld County to install a 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: so N. PA--(
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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.
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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.
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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 ' day of 00)-\C ,
2027,
ELECTION DIVISION: FACILITY PROVIDER:
By:
Printed Name: Cary Koppes
Title: Weld County Clerk and Recorder
By:
Printed Name: Scott James
OCT 0 3 2022
By:
Printed Name: G IAA -V -VA,A E Lc._ 2-O
Title: l c i vir'( SJt'ri2—,/1 O12 -
Title: Chairman — Board of Weld County Commissioners
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