HomeMy WebLinkAbout20001744.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF BUNKHOUSE AND 4-H BUILDING AT
ISLAND GROVE PARK - OPERATION FRONTLINE CLASS AND AUTHORIZE CHAIR
TO SIGN - SHARE OUR STRENGTH, INC.
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 a Agreement for use of Bunkhouse and
4-H Building at Island Grove Park - Operation Frontline Class between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Share Our Strength, Inc., with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners cf
Weld County, Colorado, that the Agreement for use of Bunkhouse and 4-H Building at Island
Grove Park - Operation Frontline Class between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Share Our Strength, Inc., he,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorizec
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopter
by the following vote on the 24th day of July, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:4_4/0, I vu
ybZf4f Jy Barbara J. kmeyer, hair
Weld County Clerk to the B'p0ltd 11 7
l_I
. J. Geile, Pro-Tem
BY: laIt_/// i CO• .� 1' '
Deputy Clerk to the Boata EXCUSED
r e E. Baxter
APPROVED AS TO‘C) MM. /7
Dale K Hall
Punt tthriti
Glenn Vaad
2000-1744
BO0030
Operation Frontline City: Greeley, Colorado
AGREEMENT FOR USE OF BUNKHOUSE AND 4-H BUILDING AT ISLAND GROVE
PARK-OPERATION FRONTLINE CLASS
This Agreement is made this:(9 day of July, 2000, by and between Share Our Strength,
Inc., a Washington, DC corporation ("SOS"), and the County of Weld, a political subdivision r'l
the: State of Colorado, by and through the Board of County Commissioners of the County of
Weld("Facility Provider"), whose address is 915 10`h Street, Greeley, CO 80631.
WITNESSETH:
WHEREAS, SOS is a non-profit charitable organization as defined under applicable
federal tax laws, and
WHEREAS, SOS desires to have access to and use of the Bunkhouse and 4-H Building at
Island Grove Park ("the Facility")in order to present its Operation Frontline Class to various
participants, utilizing volunteers to assist in the instruction of the class, and
WHEREAS, Facility Provider has. through a separate agreement with the City of Greeley,
Colorado, the authority to use the Facility for various functions and classes, and
WHEREAS, Facility Provider desires to make the Facility available to SOS for the
purposes of the Operation Frontline Class, and, when applicable, for child care purposes.
NOW, THEREFORE, in consideration of the mutual promises, covenants and warr,urtie
set forth herein, the parties agree as follows:
1. FACILITY USAGE: Facility Provider hereby gives and grants to SOS and its
volunteers, and SOS hereby accepts from Facility Provider, the right to use the Facilit\ ut
various times during 2000 to be agreed upon by Facility Provider and SOS ("Initial
Term") for the purposes of holding SOS's Operation Frontline Class.
This Agreement shall automatically renew for successive one year periods, beginning
January 1, 2001 ("Renewal Term") and each January 1 thereafter, unless Facility
Provider notifies SOS in writing at least thirty (30) days prior to the end of the lnit,al
Term or each subsequent Renewal Term of its intent to terminate this Agreement
The use of the Facility shall be subject to all of the terms and conditions contained in the
Agreement.
Page 1 of 4 Pages
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2. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION:
a. SOS represents and warrants that it is a non-profit charitable organization as
defined under section 501(c) (3) of the Internal Revenue Code and that Operation
Frontline is a non-profit program designed to provide a form of nutrition
education, among other things. SOS further represents and warrants that it
currently maintains a general liability insurance policy and a workman's
compensation policy, in accord with any applicable federal, state, or local policy
limits. SOS additionally represents and warrants that all of its insurance policies
are in full force and effect, all premiums with respect thereto have been paid, arid
no notice of cancellation or termination has been received with respect to any si u h
policy. Such policies are valid, outstanding and enforceable policies, and will not
in any way be affected by, or terminate or lapse by reason of, this Agreement.
SOS also represents and warrants that it will receive no payments from the
Operation Frontline Class participants for anything arising from the Operation
Frontline Class.
b. Facility Provider represents and warrants that it currently maintains a general
liability insurance policy and a workman's compensation policy, in accord with
any applicable federal, state, or local policy limits. Facility Provider additional is
represents and warrants that all of the Facility Provider's insurance policies are in
full force and effect all premiums with respect thereto have been paid and no
notice of cancellation or termination has been received with respect to any such
policy. Such policies are valid, outstanding and enforceable policies, and will net
in any way be affected by, or terminate or lapse by reason of, this Agreement.
c. SOS agrees to do nothing upon the premises of the Facility which may subject
Facility Provider to any liability for injury of damage to person or property, or
result in a violation of any legal requirement. SOS further agrees to indemnify
and hold Facility Provider harmless from and against any claims, demands. suits
actions or proceedings, orders, decrees and judgments of any kind or nature
arising out of any: (1) negligent act or omission of SOS of its employees, a ents.
contractors (but not including any negligent act or omission of Facility Pros ider
its employees, or any person or entity affiliated with Facility Provider) licensees.
and/or invitees occurring in or about the premises of the facility, or (2) any breach,
violation or nonperformance of any of the representations, warranties, terror, of
conditions of this Agreement.
3. COMPLIANCE WITH LAWS: SOS and Facility Provider agree to comply with all legal
requirements having jurisdiction over them; furthermore, SOS agrees to comply with all
rules and regulations the Facility Provider has or may from time to time establish
regarding the use and occupancy of the Facility.
Page 2 of 4 Pages
4. ENTIRE AGREEMENT: This Agreement shall constitute the complete
agreement between the parties and no amendments to this Agreement shall be binding
unless memorialized in a writing signed by both parties.
5. CONSTRUCTION AND ENFORCEABILITY: 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 hereto.
6. NO THIRD PARTY BENEFICIARY: It is expressly understood and agreed that
the enforcement of the terms and conditions of this Agreement, and all rights of ad ion
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 h}
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 service, or
benefits under this Agreement shall be an incidental beneficiary only.
7. ENTIRE AGREEMENT: 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. No
modification, amendment, novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned parties. No breach of any term, provision, or clause of thi 4
Agreement shall be deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied
shall not constitute a consent to, waiver of, or excuse for any other different or subsequent
breach.
8. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have created a duty of cure
which did not previously exist with respect to any person not a party to this Agreement.
The parties hereto acknowledge and agree that no part of this Agreement is intended to
circumvent or replace such immunities.
Page 3 of 4 Pages
IT WITNESS WHEREOF, the parties have hereunto set their hands and seals this_2'/ '
day of___\4__ , 2000.
ATTEST: / ,, ,,\ It �2, COUNTY OF WELD, STATE OF
;Or R�� COLORADO, BY AND THROUGH THE
�{ icci !� 0 ' . BOARD OF COUNTY COMMISSIONERS
BY:__� _ c .��,`_ �, t ' ►►` ` , OF THE COUNTY OF WELD
Deputy Clerk to the Bo. ;( ' ' ' A
CCU j��`
�''L----1-
Ltd- 1. -71L1-4-/-r--)
7 arbara J. Kirkmeye , Chairm
(07-P4-2000)
SHARE OUR STREN C.
BY: /
er o xecutive or
M W:PI'ILFSV AGREE Voperatio.wpd
Page 4 of 4 Pages
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