HomeMy WebLinkAbout20242208.tiffRESOLUTION
RE: APPROVE EXTERNAL USERS EVENT TERMS AND CONDITIONS CONTRACT, AND
AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY COLLEGE
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 an External Users Event Terms and
Conditions Contract between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Aims Community College, commencing and ending
October 22, 2024, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the External Users Event Terms and Conditions Contract between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Aims Community College, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, DO
ATTEST:
Weld County Clerk to the Board
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APP
Deputy Clerk to the Board
County At orney , f
Date of signature: ����` Z`i
Kevin D. Ross, Chair
Perry L. Buy', Pro-Tem
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2024-2208
BC0058
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: State of the County Event 10.22.24
DEPARTMENT: BOCC
PERSON REQUESTING: Karla Ford, BOCC Office Manager
DATE: 8.12.24
Brief description of the problem/issue:
Need to get approval of the attached Aims Events Terms & Conditions Contract for the upcoming 10.22.24
State of the County Meeting. There will be more than 200 people, so we need to utilize an outside room.
Cost of room rental will be $2,230.0 (there is a ,refundable Cleaning Fee $500), along with the food estimate of
$1940.00 for 200 people.
What options exist for the Board? This was at the request of the Board.
Consequences:
Impacts:
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Recommendation: Approve agreement and move forward with the meeting on 10.22.24.
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
2024-2208
ici 8C0058
Aims Community College
Event Terms & Conditions
External Users
The Terms & Conditions below apply to the Event as scheduled by a group or individual
("USER") with the Events department at Aims Community College.
1. PAYMENT POLICY
USER shall pay Aims Community College, no later than thirty (30) days from the date of
invoice from Aims Community College, the total Fees minus any Deposit paid for each
Event and for any Space(s), Equipment and Additional Services that were used by USER
including but not limited to: security and audio- visual equipment. The invoice must be
paid in full prior to the event date. If payment is not received within thirty (30) days from
receipt of the invoice, the event will be canceled by Aims and the total amount due will be
subject to a 1.5% interest charge compounded monthly. Aims Community College may
retain a collection agency to pursue payment of such amounts. If a collection agency is
retained by Aims Community College, USER shall be responsible for payment of all
attorneys' fees and costs incurred by Aims Community College as a result of its retention
of a collection agency.
2. DEPOSIT
A deposit totaling 10% of the agreed upon Total Amount is due with acceptance of rental
agreement. Payment of deposit shall be deemed as acceptance of this agreement.
3. CANCELLATION OF THE EVENT BY USER
If the Event is canceled by USER less than 30 calendar days before the event, the USER will
forfeit the deposit.
4. COMPLIANCE WITH LAWS
The USER, its representatives and employees, shall comply with all rules, regulations,
and operational procedures prescribed by Aims Community College for use of services
and/or facilities of Aims Community College and with all applicable laws.
5. FORCE MAJEURE
The performance of this Agreement by either party is excused by acts of God, war,
government regulation, disaster, fire, flooding, strikes, epidemics, civil disorder,
curtailment of transportation facilities, or similar cause beyond the control of the parties,
making it impossible to hold the event. If Aims Community College is closed due to
weather, all activities on campus must cease. Both parties mutually agree that either party
may cancel this Agreement. Each party agrees to release the other party from any liability
or damages if either party is unable to fulfill the terms of this Agreement due to Acts of
God or any other legitimate conditions beyond the control of either party. The parties
agree to use their best efforts to perform as described in this Agreement. In exigent
oena4i��a'
circumstances, Aims Community College reserves the right, in its sole discretion, to
change facility assignments to a comparable facility, if possible.
6. INDEMNIFICATION
As permitted by law, the USER shall indemnify, save, and hold harmless Aims
Community College, its officers, employees, agents, and governing board, against any
and all claims, damages, liability and court judgments and awards, including costs,
expenses, and attorney's fees incurred as a result of 1) any injury, claim or demand of a
Participant related to the use of any Aims Community College facilities and services; or 2)
any act or omission by the USER, its employees, agents, subcontractors and assignees
related to this contract. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of Aims Community College's
immunities, rights, benefits, protections, or other provisions of the Colorado Governmental
Immunity Act, CRS 24-10-101, et seq., as now or hereafter amended.
7. INSURANCE
Aims requires a certificate of insurance indicating coverage for general liability insurance
in the amount of not less than $1 million. Aims must be named as an additional insured on
the insurance policy. The certificate must be delivered to the Events Department no later
than one workweek prior to the scheduled event.
8. PROMOTIONAL MATERIALS
USER and Aims Community College shall collaborate in the development of all promotional
materials that display the Aims Community College logo or branding to ensure that Aims
Community College rights are accurately represented. If the use of the Aims Community
College brand or logo is desired for promotional materials for the Event, permission to produce
such products must be requested by USER. Aims Community College reserves the right to
refuse any request.
9. TAX EXEMPTION
Aims Community College requires that USER declare its sales tax status. For a USER to
be regarded sales tax exempt under Colorado law:
A. Payment for the items or services must be made with the organization's funds, and
B. The organization will not be reimbursed with personal funds by any person(s) for the
use or consumption of the items or services,
and
C. The items or services are used by the organization in conducting its regular
religious, charitable, scientific, literary or educational business.
Therefore, the USER must initial by ONE option below and provide a copy of the
USER's Certificate of Exemption for Colorado State Tax/Use Tax for this contract to
be complete:
KRKR USER's program SHOULD be regarded tax exempt. Under penalties
of perjury, the USER declares and affirms that the above tax exemption
statements are all true and applicable to their program and accepts liability
for the tax should the transaction not qualify for exemption.
USER's program SHOULD NOT be regarded tax exempt and all
applicable state and local taxes on food and catering. Labor, equipment and
meeting space rentals are not taxable.
If you are unsure as to which option you should select, please consult with
your accountant or business manager as Aims Community College cannot
advise on this issue.
10. FUNCTION SPACE
Reservations are required for the use of all campus spaces, and arrangements must be
created by the Aims Community College Events Department. All decorations must be
disclosed to the USER by the set-up request deadline. Fire codes prohibit the use of open
flames, hay, straw, cornstalks or other dry tinder. The use of any tacks, nails, tape of any
kind, dry ice fog, confetti, glitter, non -fire-resistant artificial decor and bubble machines is
not permitted. In addition, hanging materials from ceilings and/or fire suppressions pipes is
not permitted and decor must not cover hallway/exit lights or security cameras, block
doonNays/hallways/windows or fire alarm equipment. The use of candles is not permitted.
USER assumes all responsibility for damages to any equipment or furniture. It is the
responsibility of the USER to return all spaces to their original set-up and condition after
the event. All trash must be discarded in waste receptacles and all cardboard boxes must
be flattened. All decorations must be removed and discarded.
11. ALCOHOL AND MARIJUANA
An Event involving alcohol must be pre -approved by Aims Community College USER
agrees to abide by all Aims Community College, City, and State policies covering
consumption/serving of alcoholic beverages. Such approval to serve alcohol may
necessitate additional insurance requirements including liquor liability coverage, or the
hiring of dedicated security personnel, as may be determined by Aims Community College.
Recreational marijuana use, possession, and distribution is a violation of Aims Community
College policy. These activities are illegal for persons under 21; for those 21 and older,
these activities cannot occur on any Aims Community College property. In addition,
marijuana obtained for medicinal purposes cannot be stored or used on campus.
12. SMOKING
USER agrees to inform participants attending its Event that Aims Community College favors a
tobacco -free environment. The use of tobacco products, including e -cigarettes and vaping, on
Aims' campuses, in Aims vehicles, or at Aims events is prohibited except in limited areas as
designated by the President.
13. SERVICE ANIMALS/PETS AND OTHER ANIMALS
Other than service animals, no other animals are permitted in Aims Community College
buildings. Any questions about pets or other animals in Aims Community College buildings
should be directed to Aims Community College Disability Access Services office at (970)
339-6388, disabilities(ciaims.edu.
Neither the ADA nor Colorado's service animal law includes pets or what are often
referred to as "emotional support animals": animals that provide a sense of safety,
companionship, and comfort to those with psychiatric or emotional disabilities or
conditions. Although these animals often have therapeutic benefits, they are not
individually trained to perform specific tasks for their handlers. Under the ADA and
Colorado law, owners of public accommodations are not required to allow emotional
support animals, only service animals.
14. NONDISCRIMINATION
Both parties agree to conduct their activities in compliance with applicable federal, state and
local nondiscrimination laws.
15. CONSTRUCTION/MAINTENANCE ACTIVITIES
USER acknowledges that during the term of this Agreement, Aims Community College
may be conducting construction, renovation and maintenance of function spaces and
campus infrastructure.
Rerouting of vehicular and pedestrian traffic, noise, dust and other customary
consequences of construction activity may occur. USER shall have no claim for reduction
of its obligations hereunder or any other claim or cause of action because of such
construction activities, including relocating activities to comparable locations on campus.
16. DEFACEMENT /DAMAGED PROPERTY
USER hereby assumes full responsibility for any and all damages incurred to Aims
Community College's property (real or personal) arising from or in connection with the
USER's activities. Aims Community College may bill the USER account and it will then be
the USER's responsibility to collect monies from individual Participants. USER's
representatives are invited to participate in the inspection for damages before and after the
time covered by this Agreement. Aims Community College assumes no responsibility for
accidents and/or loss of property incurred by the USER or USER's guests. Vehicles
cannot be left in parking lots overnight, and the College is not responsible for personal
vehicles.
17. DISRUPTIVE PERSONS
Aims Community College reserves the right to eject from facilities any disruptive person(s); and
neither the Aims Community College nor any of its officers, representatives, or employees shall
be liable to the USER or to any person for any damages that may be sustained by USER or
such person through the exercise of this right. If an Event participant is dismissed and/or
ejected, Aims Community College is not liable to refund USER or its participants back any
related fees nor reimburse the USER or its participants for any related costs or losses incurred.
18. DINING & CATERING
Any dining and catering services (e.g., banquet, barbecues, refreshments, and the like)
must be arranged and a contract signed at least thirty (30) days in advance of the date of
the Event, unless so waived by Aims Community College. USER will be responsible for
payment of all additional charges for such services. All food
sold/served/distributed/consumed on campus is subject to approval by Aims Community
College.
19. HEALTH AND SAFETY
USER agrees to comply with all reasonable requests made by Aims Community College
and its officers or representatives regarding health and safety of persons in or around the
facility(ies). USER's agreement in this regard includes fully responding to all requests
made by Aims Community College relating to USER's planned compliance with social
distancing guidelines and other protective measures recommended or ordered by the
Colorado Department of Public Health and Environment relating to any infectious disease,
including but not limited to COVID-19. USER shall comply with all state and federal
statutes and Aims Community College policies and regulations in effect at the time of the
Event, concerning health, safety and public order, which are applicable to the facility(ies)
and the Event. Aims Community College's policies and regulations for this purpose shall
include the measures and tasks posted on Aims Community College website relating to
COVID-19, etc. In the event one or more attendees at an Event, who are associated with
USER, violate any of the health and safety guidelines or protective measures referenced in
this section, Aims Community College may, at its discretion, treat any such individual(s) as
a "Disruptive Person" under above section 17 of this Agreement, and/or deem and declare
the Event immediately cancelled by USER under above section 4 of this Agreement, and
Aims Community College personnel may immediately remove themselves and any Aims
Community College equipment from the premises. Further information regarding each
facility can be obtained from Aims Community College Events Department 970-339-9806.
Events and activities shall not endanger the health and safety of persons who visit the Welcome
Center. To ensure the safety and protection of all participants, the Department of Campus
Safety and Security provides the following information for the management and protection of the
college and Welcome Center, and for the protection of all persons granted permission to use the
same.
A. The Welcome Center has multiple exits located on each floor. All campus buildings are
equipped with an audible emergency messaging system in case of a fire. AED machines
and Fire Extinguishers can be found on each floor.
B. Restrooms, centrally located hallways and stairwells are designated severe weather safe
areas.
C. In case of a medical emergency call 911.
D. Contact on -site Campus Safety & Security for:
• Accidents/Injuries
• Suspicious Persons/Activities/Disruptive Behaviors
• Building Damage
20. MINORS
USERs with Participants less than eighteen (18) years of age without accompanying parents or
guardians will ensure a ratio of Participants to adult of at least 12:1. This ratio must be
maintained AT ALL TIMES throughout all Aims Community College's facilities and grounds.
21. PARKING
Parking arrangements should be made in advance of the event by contacting Aims
Community College Event Staff at events@aims.edu.
22. CANCELLATION DUE TO LACK OF FUNDING
The parties understand and acknowledge that Aims Community College is subject to Article X, §
20 of the Colorado Constitution, the Taxpayer's Bill of Rights ("TABOR"). This Agreement may
be canceled by Aims Community College without any further obligation on the part of Aims
Community College if sufficient appropriated funding by the State of Colorado is unavailable to
assure full performance of the terms of this Agreement. USER shall be notified in writing of such
insufficient appropriation.
23. VENDOR PROCEDURES
Compliance shall include but is not lot limited to the following:
A. Proper Aims approval of and handling and disposition of hazardous materials
B. Maintaining and obtaining environmental permits and timely submittal of reports if
required
C. Waste minimization
D. Recycle and reuse product material where possible
E. Use of earth -friendly products and proper management of operations that harm the
environment
F. Implement and use of water and energy reduction
G. Conservation in the use of packaging material
H. Safety Practices/Training and Occupational Health
I. Suppliers shall maintain a safe and healthy working environment for employees to
prevent accidents
J. Supplier should provide at a minimum the following: Clean and safe facilities system to
report illness and injury
24. GENERAL PROVISIONS
A. This Agreement constitutes the entire binding agreement between the parties. No prior
written or oral commitments regarding the subject matter of this Agreement shall be
binding on either party. All subsequent agreements specifying the additional information
called for in this Agreement must be furnished in writing and signed by the parties.
B. This Agreement shall be governed by the laws of the State of Colorado. It is agreed by
both parties that the venue for any civil action between the parties arising out of this
Agreement shall be in the courts situated in Weld County, Colorado.
C. Any waiver by either party of any term or provision of this Agreement shall not constitute
a waiver of any other provision of this Agreement or a waiver at any later time.
D. Both parties warrant that each signatory to this Agreement possesses the legal authority
to enter into this Agreement and that he/she has taken all actions required by its
procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Agreement and to bind each party to
its terms.
25. SIGNATURES
I have read, understood, and agree to the Terms and Conditions as evidenced by the
authorized signature provided below:
Client (USER) Information and Signature
Name: Kevin Ross
Signature: ---------
Phone Number:
Email: Address:bocc-contracts@weld.gov
Date: 08/19/2024
Signed on Behalf of Aims Community College
Vice President, Administrative Services
Name: Chuck Jensen
Signature: '
Date: 08/12/2024
Chief Marketing & Communication Officer
Name: Zachary McFarlane
Signature: 'l
Date: 08/13/2024
dAims
COMMUNITY COLLEGE
Bill To:
Weld County Government
PO Box 758
Greeley CO 80632
970-400-4226
Event Details
Event Name: State of the County
Event Date(s): 10/22/2024
Contact Name: Karla Ford
Contact Phone ft: 970-400-4226
Contact Email: kford@weld.gov
Bill From:
Aims Community College
5401 W 20th Street
Greeley, CO 80634
(970) 339-6310
Event Space
Auditorium
Auditorium Prefunction (Included with Auditorium Rental)
Ballroom A
Ballroom B
Ballroom C
Ballroom ABC
Ballroom Prefunction (Included with Ballroom Renta
Courtyard
Executive Corner Suite
Green Room
Meeting Room 241
Meeting Room 249
Skybox
Skydeck (Bookable only with Ballroom A)
PAYMENT INFORMATION:
Please make all payments to Aims Community
College. To pay online please use thelink below for
our online payment portal. To pay in person, go to
the Cashier's Office located in the Welcome Center
on the Greeley Campus. Or mail all checks to Aims
Community College Attn: Cashier's Office 5401 W
20th Street Greeley, CO 80632.
To bay online please use our online payment portal.
Non -Profit Deposit Invoice
Invoice #: DEP170
Invoice Date: 8/8/2024
Invoice Due: 9/7/2024
Payment Terms Net30
Qty Unit price Total price
$1,000.00 $0.00
$150.00 $0.00
$700.00 $700.00
$600.00 $0.00
$600.00 $0.00
$1,800.00 $0.50
$150.00 $0.00
$500.00 $0.00
$500.00 $0.00
$250.00 $0.00
$150.00 $0.00
$250.00 $0.00
$300.00 $0.00
$150.00 $0.00
Non-profit Discount (25% off space) $175.00
Event Space Total $525.00
Deposit Fee
10% of Event Space $52.50
Additional Fee
Refundable Cleaning & Damages Fee $500.00
DEPOSIT TOTAL $552.50
Informational Estimate Only
ms
COMMUNITY COLLEGE
Bill To:
Weld County Government
PO Box 758
Greeley CO 80632
970-400-4226
Event Details
Event Name: State of the County
Event Date(s): 10/22/2024
Contact Name: Karla Ford
Contact Phone 8: 970-400-4226
Contact Email: kford@weld.gov
Bill From:
Aims Community College
5401 W 20th Street
Greeley, CO 80634
(970) 339-6310
Event Space
Auditorium
Auditorium Prefunction (Included with Auditorium Rental)
Ballroom A
Ballroom B
Ballroom C
Ballroom ABC
Ballroom Prefunction (Included with Ballroom Rental)
Courtyard
Executive Corner Suite
Green Room
Meeting Room 241
Meeting Room 249
Skybox
Skydeck (Bookable only with Ballroom A)
AN
Additional Microphone
Comprehensive Sound System (for DJ)
Custom Auditorium Stage Lighting
Custom Exterior Lighting
Dance Floor Lighting
Hardline Internet Connection
DO NOT PAY
Non -Profit
Qty Unit price Total price
$1,000.00 $0.00
$150.00 $0.00
$700.00 $700.00
$600.00 $0.00
$600.00 $0.00
$1,800.00 $0.00
$150.00 $0.00
$500.00 $0.00
$500.00 $0.00
$250.00 $0.00
$150.00 $0.00
$250.00 $0.00
$300.00 $0.00
$150.00 $0.00
Non -Profit Discount (25% off space) $175.00
Event Space Total S525.00
Qty Unit price Total price
$75.00 $0.00
$200.00 $0.00
$500.00 $0.00
$1,000.00 $0.00
$150.00 $0.00
$50.00 $0.00
Projector Package- Auditorium
Projector Package - Ballroom (Per Room)
Projector Package- Skybox (Per Room)
Furniture
3x5 White board
Ballroom Stage
Dance Floor
Fire Pit (Only available with Courtyard rental)
Outdoor Heaters
Bar
Beer, Wine, And Soda Bar Setup
Full Bar setup
Hosted Bar Gratuity
Labor
After Hours AV Assistance (hourly rate)
After Hours Security (hourly rate)
Security - Alcohol Service (4 hr. minimum, hourly rate)
Extended Rental Time
BOOKING INFORMATION
Space is tentatively held until a deposit is paid. Once we
receive a deposit, your space will be held and confirmed
for you. Event space rental prices are based on standard
event time of up to 6 hours. Reservations include an
additional 2 hours to setup and 1 hour to break down.
Longer events or additional setup time will be billed an
additional $100/per hour per space.
$1,000.00 $0.00
$1,000.00 $1,000.00
$300.00 $0.00
Non -Profit Discount (10% off A/V) $100.00
A/V Total $900.00
Qty Unit price Total price
$50.00 $0.00
$200.00 $200.00
$200.00 $0.00
$100.00 $0.00
$200.00 $0.00
Furniture Subtotal $200.00
Qty Unit price Total price
$125.00 $0.00
$150.00 $0.00
18% $0.00
Bar Subtotal $0.00
Qty Unit price Total price
$35.00 $0.00
$30.00 $0.00
$75.00 $0.00
$100.00 $0.00
Labor Subtotal $0.00
Additional Fees
Late Charge/Additional Costs to Aims $0.00
Refundable Cleaning Fee $500.00
Service Charge (20% of space) $105.00
State Sales Tax 2.9% $0.00
City Sales Tax 4.11% $0.00
Subtotal $605.00
Estimate Total $2,230.00
EXTERNAL USERS EVENT TERMS AND CONDITIONS - AIMS COMMUNITY COLLEGE
APPROVED AS TO FUNDING:
Chief Financial officer, or Controller
APPROVED AS TO FORM:
7/4 7)0
Deputy County Attorney
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