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Home My WebLink About20183016.tiffs VSPc-T WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this ‘ day of /4445 05-1-, 20itn by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1400 N. 17th Avenue, Greeley, CO 80631, hereinafter referred to as "Election Division," and Trinity Lutheran Church whose address is 3000 35th Ave. 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 General Election to be held on Tuesday, November 6, 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 3000 35th Ave. 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 use of the Available Room during the term of this Agreement is / 5'QO.°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. 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. c1re4i�a alenoLai /t Page Page 1 of 4 e2 Id* C4`C,C4/ 4&) POSTMARKED RECEIVED AUG 10 '18 AUG 15 '18 VVELD COI IN I V I—i I —C: s u 2018-30166) CR©O3O 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 October 19th — November 5th, 10:00 a.m. to 2:00 p.m. Saturday, November 3rd, and 6:30 a.m. to 9:00 p.m. on Election Day, November 6th. 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 staff members having access to the room until the polls open. Page 2 of 4 POSTMARKED RECEIVED AUG 10 '18 AUG 15 '18 WELD COUNTY LLtC; i lulus 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. POSTMARKED RECEIVED Page 3 of 4 AUG 10 '18 AUG 15 '18 WELD COUNTY LLm ► iurv6 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 day of apt - 201 ELECTION DIVISION: Printed Name: Car y Koppes Title: Weld County Clerk and Recorder Title:. A elte. il/ FACILITY PROV By: �! Printed Name: By: _A�✓�- ��e.e , r< Printed Name: Steve Moreno SEP 19 2018 Title: Chairman — Board of Weld County Commissioners Page 4 of 4 POSTMARKED RECEIVED AUG 10 '18 AUG 15 '18 WELD COUNTY ELECTIONS a.Daa- 30/6 Li) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this r 7 day of 114 , 2018, by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1400 N. 17th Avenue, Greeley, CO 80631, hereinafter referred to as "Election Division," and Fort Lupton Recreation Center, whose address is 203 S Harrison Ave. Ft. Lupton CO 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 6, 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 203 S Harrison Ave. Ft. Lupton CO, 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. 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 20/? Jo/(a.) GROO3© 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. £ 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 October 19th — November 5th, 10:00 a.m. to 2:00 p.m. Saturday, November 3rd, and 6:30 a.m. to 9:00 p.m. on Election Day, November 6th. 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 staff members having access to the room until the polls open. 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 (1 day of&f. 20A. ELECTION DIVISION: FACILITY PI VIDER: By: Cv Printed Name: Car y Koppes Title: Weld County Clerk and Recorder By: Printed Na e: Modt Title: By:1-77Lre,_,a_ Printed Name: Steve Moreno SEP 19 2018 Title: Chairman — Board of Weld County Commissioners Page 4 of 4 02P/e- &0166) V5r` WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this 2_ day ofk , 201, by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1400 N. 17th Avenue, 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." WITNES SETH: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming General Election to be held on Tuesday, November 6, 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 250 11th 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 use of the Available Room during the term of this Agreement is b. , 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. 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 Corien+ q /Ic1/1 ao, 2- .3ovt (3) GRoo3 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 October 19`h — November 5th, 10:00 a.m. to 2:00 p.m. Saturday, November 3rd, and 6:30 a.m. to 9:00 p.m. on Election Day, November 6'h. 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 staff members having access to the room until the polls open. Page 2 of 4 S. 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-I0-101 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 /7 day of 2011'. ELECTION DIVISION: FACILITY PROVIDER: By: Printed Name: Carly Koppes Title: Weld County Clerk and Recorder By: ' r�-c- z- Printed Name: Steve Moreno SEP 1 9 2018 By: Ja/a*19--eA— ___ Printed Name: ( Ct41( Title: R.2.t/e-4 41r (j.14.0 *` Title: Chairman — Board of Weld County Commissioners Page 4 of 4 O20/1- 50/6. ��3) V WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this1 day of , 20w, by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1400 N. 17th Avenue, 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 General Election to be held on Tuesday, November 6, 2018, ("Election Day"), and WIIEREAS, 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 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. 3 ELECTION DIVISION AGREES: a, To keep the Available Room clean and neat as used on Election Day. Page 1 of 4 Con.sen-t �I�I�ill .20/er-30/‘0 (19 GBoO3O 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 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 Sunday 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 6th. 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 equipment and supply 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 to the building), 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: 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. N WITNES WHEREOF, the parties hereto have signed this Agreement thiday of ,20� . ELECTION DIVISION: F • ITY PROVIDER: By: Printed Name: Carly Koppes Title: Weld County Clerk and Recorder By: Printed Name: Title: 0 By: Printed Name: Steve Moreno SEP 1 9 201$ Title: Chairman — Board of Weld County Commissioners Page 4 of 4 L 02°4 - 60 /6 6.k) /'o0( Vc WELD COUNTY C ERK AND RECORDER AUG 1 4 2018 Elections Division Facility Usage Agreement THIS AGREEMENT is made this (pry day of, 2($, by and between the Weld County Clerk and Recorder EIe ion Division, by and through the Board of Weld County Commissioners, whose addres is 1400 N. 17th Avenue, Greeley, CO 80631, hereinafter referred to as "Election Division," and eenesburg own Ha • whose address is 140 Main St Keenesburg, CO 80643, hereinafter referred to as "Facility rovider." WITNESSi_,71I: WHEREAS, Election Division is responsible for conducting elections in Weld County, Colorado, including the upcoming General Election to be held on Tuesday, November 6, 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 140 Main St Keenesburg, CO 80643, 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 clays 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. RENT: If Applicable use of the Available Room during the term of this Agreement is , which shall be clue 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. 3 ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. Page I of 4 0.--erl`SeXt 9/19/I oZO/?- ,3`D/!, (5-) GFROO30 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 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 Sunday 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 6th. 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 equipment and supply 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 to the building), 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: 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 (DW" day of ,20r%. ELECTION DIVISION: By: Printed Name: CarTy'Koppes Title: Weld County Clerk and Recorder FACILITY PROVIDER: By:/ Printed Name: M,7,2411_ Title: By: Printed Name: Steve Moreno SEP 19 2018 Title: Chairman — Board of Weld County Commissioners Page 4 of 4 0240/1- 00/6.(5) WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this' day of1_..,,; , 20113, by and between the Weld County Clerk and Recorder Election Division, by and taro gh the Board of Weld County Commissioners, whose address is 1400 N. 17" Avenue, Greeley, CO 80631, hereinafter referred to as "Election Division," and Evangelical Free Church of Eaton, whose address is 1325 3`d 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 General Election to be held on Tuesday, November 6, 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 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 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. 3 ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. Page 1 of 4 PL10101% 2016 ue.,Q 9/iq/1 0,20/e,of7/&(&) GRO030 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 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 Sunday 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 6th. 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 equipment and supply 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 to the building), 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: 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. h. Any amendments or modifications to this agreement shall be in writing signed by both parties. 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 pk.10 ?J By: Printed Name: Carly Koppes Title: Weld County Clerk and Recorder By: 1934t2 ---1-e-,/"" 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 ZA4_, 20A. ELECTION DIVISION: FACILITY PROVIDER: By: ER/ o F rte- Printed Name: 14-yJ://e4' Title: Exi 'tedin /4-s*". ay of Printed Name: Steve Moreno SEP 19 2018 Title: Chairman — Board of Weld County Commissioners Page 4 of 4 lotto,'" otoa-.39i6. 4) 1 WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this cl day of AvoA , 20W, by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1400 N. 17th Avenue, Greeley, CO 80631, hereinafter referred to as "Election Division," and University of Northern Colorado, whose address is 2101 10th Ave. Greeley, CO 80631 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 6, 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 2101 10th Ave. Greeley, CO 80631, 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 Ern 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. Page 1 of 4 ezn.aer)-1- c1/19/1 Oa1,- .59/L0 °7) C30030 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 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 Sunday 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 6th. 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 equipment and supply 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 to the building), 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: 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 CI day of 20j . ELECTION DIVISION: By: Printed Name: Carly oppes Title: Weld County Clerk and Recorder By: FACILITY PROV By: Printeame: fVJ r ^//' r Title: _ 61 �L ;Oil- L.I/4"-IL't'`t Printed Name: Steve Moreno SEP 19 2013 Title: Chairman — Board of Weld County Commissioners Page 4 of 4 020/8- .50/6. (i) t WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this 11 day of Jam' '( , 204x, by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1400 N. 17th Avenue, 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 6, 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 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 use of the Available Room during the term of this Agreement is -C6 , 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. 3 ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. Page 1 of 4 aeinsw + 0.4eAlcIA, ct/Iq/ 8' 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 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 Sunday 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 6th. 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 equipment and supply 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 Ti line to the building), 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: 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 Li day of , 20 116 . ELECTION DIVISION: FACILITY PROVIDER: By: C By: Printed Name: Carly Koppes Title: Weld County Clerk and Recorder Printed Name: V-{� w\{J uV 1 Title: �L� �1 O N 9N\ StON By: Printed Name: Steve Moreno SEP 1 9 2018 Title: Chairman — Board of Weld County Commissioners Page 4 of 4 oge/ff-,5O/6(1) 1 WELD COUNTY CLERK AND RECORDER Elections Division Facility Usage Agreement THIS AGREEMENT is made this day of Mug , 20 i , by and between the Weld County Clerk and Recorder Election Division, by and through the Board of Weld County Commissioners, whose address is 1400 N. 17th Avenue, 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 General Election to be held on Tuesday, November 6, 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 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 use of the Available Room during the term of this Agreement is 2( , 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. 3 ELECTION DIVISION AGREES: a. To keep the Available Room clean and neat as used on Election Day. Page 1 of 4 Gon-aen+- aw-ncia, G/(q/y$' 020 /8,- .30/6 0) GRoo3O 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 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. £ Election Division will not make deliveries to the Available Room after 4 p.m. the Sunday 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 6th. 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 equipment and supply 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 Ti line to the building), 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: 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 Page 3 of 4 employees for all acts performed pursuant to this Agreement. 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 a4_, 20 1% . ELECTION DIVISION: FACILITY PROVIDER: By: Printed Name: Cary Koppes Title: Weld County Clerk and Recorder By: <'c 1r be m \ia\ l.Q9 .crem. Printed Name: c, e s.-. y i C Title: 1,. ) t5 1,--rt cc-- ��Q (An `JtV, nh SVV` By: ,."iL Printed Name: Steve Moreno SEP 19 2018 Title: Chairman — Board of Weld County Commissioners Page 4 of 4 020/8 ,3oIG(9) Hello