HomeMy WebLinkAbout20181418.tiffRESOLUTION
RE: APPROVE FORM OF AGREEMENT FOR WELD COUNTY CLERK AND RECORDER
ELECTIONS DIVISION FACILITY USAGE AND AUTHORIZE CLERK AND RECORDER
TO SIGN ALL NECESSARY AGREEMENTS CONSISTENT WITH SAID FORM
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with the Form of the Agreement for Weld
County Clerk and Recorder Elections Division Facility Usage, which will be between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County
and various entities and corporations, with terms and conditions being as stated in the form of
said agreement, and
WHEREAS, after review, fie Board deems it advisable to approve the form of said
agreement, a copy of which is attached hereto and incorporated herein by reference, and to
delegate standing authority to Weld County Clerk and Recorder, or her appointed designees to
execute said individual agreements with eligible entities and corporations on behalf of the County
of Weld, by and through its Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Form of the Agreement for Weld County Clerk and Recorder Elections
Division Facility Usage between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and various entities be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Weld County Clerk and Recorder or
her appointed designees, be and hereby are, authorized to sign any agreements consistent with
the form of said agreement.
The above and foregoing %solution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d..dth„�
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the
unty Attorney
Date of signature: 05=3/-/8
EXCUSED
Steve Moreno, Chair
Mike Freeman
Sean P. Conway
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Julie A. Cozad
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2018-1418
CR0030
WELL 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 14001. 17th Avenue, Greeley, CO 80631, hereinafter referred to as "Election Division," and
(insert facility) whose address is (insert facility address) hereinafter referred to as "Facility Provider."
WITNESSETH:
WHEREAS, Election Division is responsible for conducting elections in Weld County,
Colorado, including the upcoming Primary Election to be held on Tuesday, June 26, 2018, ("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 (insert it dress), 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 use of the Available Room during the term of this Agreement is
, which shall be due and payable upon receipt of bill from Facility Provider after
Election Division is finished utilizing the Available Room pursuant to the terms of this
Agreement.
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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2018-1418
c. To pay to Facility Provider the room rent agreed to above, if any, payable on 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.
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 8:00 a.m. to 5:00 p.m. on June 18th — June 25th, 10:00
a.m. to 2:00 p.m. Saturday June 23rd, and 6:30 a.m. to 9:00 p.m. on Election Day, June
26th. 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 ofthe 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 staff members having access to the room until the
polls open.
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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.
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 day of
2018.
ELECTION DIVISION: FACILITY PROVIDER:
By: By:
Printed Name: Carly Koppes Printed Name:
Title: Weld County Clerk and Recorder Title:
By:
Printed Name: Steve Moreno
Title: Chairman — Board of Weld County Commissioners
Page 4 of 4
Name
Address
City CO Zip
Dear Voter Service and Polling Center,
CARLY KOPPES
WELD COUNTY CLERK & RECORDER
1400 NORTH 17TH AVENUE
P.O. BOX 459
GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 304-6525
FAX: (970) 304-6566
March 8, 2018
The Weld County Election Department would like to request the use of your facility as a Voter Service and Polling Center
for the following elections:
PRIMARY ELECTION -- TUESDAY, JUNE 26, 2018
Primary Election — access to the facility is needed June. 15th, the Friday before the Voter Service and Polling Center opens
to set up and test our equipment. Voting is from June 18 — June 26, 2018, from 7:30AM — 5:30PM, Monday — Friday, also
from 10:00AM — 2:00PM, Saturday, June 23, 2018, and on Election Day June 26, 2018, from 6:00AM — 9:00PM. The
equipment will be picked up on Wednesday, June 27, 2018.
THE VOTER SERVICE AND POLLING CENTER BEING REQUESTED IS: Insert room
Please complete the following information, sign below, and return.
PRIMARY ELECTION -- USAGE GRANTED * USAGE DENIED
(If granted, please complete the following)
MAIN CONTACT PERSON:
HO
ME
EMAIL ADDRESS
x
WORK/1
SECOND CONTACT PERSON: WORK
HOMEY EMAIL ADDRESS
IT CONTACT PERSON: _
HOME/1
FACILITY HOURS OPEN
EMAIL ADDRESS
WORK#
FACILITY PHONE#
IS A TELEPHONE AVAILABLE FOR USE BY THE JUDGES IN THE ROOM REQUESTED?
YES NO
Please check one: BUSINESS LINE PAY PHONE
Also, please read and sign the Usage Agreement attached.
If you have any questions regarding this request, please call (970) 304-6525 X 3114.
Thank you for your consideration and participation.
Signature of Authorized Agent Date
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