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Home My WebLink About20240616.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING USE OF SOUTHWEST SERVICE CENTER POND AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO MODEL BOAT CLUB, NAMBA DISTRICT 20 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 Agreement Concerning Use of the Southwest Service Center Pond between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and the Northern Colorado Model Boat Club, NAMBA District 20, on weekends from 7:00 a.m. to 5:00 p.m., commencing April 1, 2024, and ending November 30, 2024, with further 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 of Weld County, Colorado, that the Agreement Concerning Use of the Southwest Service Center Pond between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and the Northern Colorado Model Boat Club, NAMBA District 20, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of March, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, • ATTEST: &/� J W j ;vi Weld County Clerk to the Board BY: OCCUill • lidtAO1a Deputy Clerk to the Board APPROV !- ' - ORM: County Attorney Date of signature: 311 4 1 Z4 O Ke ' • Ross, Chair ,,,,,,,, erry L. But, Pro-Tem Mike Freeman Scott'K. James ne cc: (3G (cc/CH) 2024-0616 04 fad /2y BG0026 Con-Va c+ I Da 7 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: NAMBA agreement for the use of the Southwest Service Center pond DEPARTMENT: Facilities DATE: February 15, 2024 PERSON REQUESTING: Curtis Naibauer Brief description of the problem/issue: The North American Model Boating Association has been given the use of the pond at the SW service Center over the past few years. They are again requesting the use of it over the summer of 2024. What options exist for the Board? 1. Approve the request. 2. Deny the request. Consequences: Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Recommendation: Facilities recommends placing this on the agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine kkg- 2024-0616 13C002Co February 15, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Curtis Naibauer Subject: Northern Colorado Model Boat Club, NAMBA District 20 — Use Agreement Northern Colorado Model Boat Club, NAMBA District 20 has historically used the pond at the Southwest Services Center for Model Boat activity each summer. The attached use agreement is for the 2024 season and will allow the boat club to use the pond from 7:00 a.m. through 5:00 p.m. on Saturday's & Sunday's Beginning April 1, 2024 through October 31, 2024. Facilities Department is recommending approval of this agreement. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director AGREEMENT CONCERNING USE OF WELD COUNTY'S SOUTHWEST SERVICE CENTER POND THIS AGREEMENT is made and entered into this I day of M 70�6y and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Northern Colorado Model Boat Club, NAMBA District 20, whose address is 10455 Panorama Cir, Firestone, CO 80504 hereinafter referred to as "NAMBA." WHEREAS, the County owns the Southwest Service Center pond, hereinafter referred to as "pond", located at 4209 County Road 24 'A, Firestone, and WHEREAS, NAMBA wishes to use the pond thereon, for model boat activities on Saturdays and/or Sundays from April 2024 through November 2024, pursuant to the terms and conditions contained herein, and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. DUTIES AND RESPONSIBILITIES. (a) The County hereby grants to NAMBA permission to use the pond, as governed by the terms and conditions of this agreement, for the sole purpose of model boat activities and related activities, including setting up. (b) NAMBA shall make all arrangements relating to the model boat events and related activities, except those specifically made the responsibility of the County by this agreement. II. TERM. (a) NAMBA shall be permitted to use the pond. April 2024 through November 2024 on Saturdays and/or Sundays from 7:00 a.m. to 5:00 p.m. NAMBA shall notify the following County employee at least 48 hours before the model boat activities take place: Name: Curtis Naibauer or his successor Position: Director of Weld County Facilities Department Address: 1105 H Street Greeley, CO 80632 Address: PO Box 758 Greeley, CO 80632 E-mail: ttaylor@weldgov.com Facsimile: 970-304-6532 (b) Time shall be of the essence of this Agreement, and the time granted for the use of the facility shall include set up, preparation, clean up and the removal of any equipment. Page 1 of 3 Pages 02002,4 oG/6 The time shall not be extended without written permission of the County, through its County designee, Toby Taylor, Interim Director of the Facilities Department (or his successor) for Weld County. III. STAFF AND INVITEES. NAMBA, and guests assisting with activities, shall be responsible for supervising all children, adults, and invitees of NAMBA that will be on the premises and assuring that such persons adhere to all rules and regulations as may be established by the County. Upon the request of the County's designee, NAMBA and other adult personnel, shall immediately remove any such person not adhering to the rules and regulations of the County. IV. CONDITION OF PREMISES. NAMBA agrees to leave the pond and surrounding area in the same condition after the model boat activities as it was at the commencement of the activities, ordinary wear and tear thereof excepted. NAMBA specifically acknowledges that temperatures and wind conditions may enhance fire danger and will ensure that no open fires are utilized. (a) MAMBA agrees that there shall be no more than 30 attendees, including members, supervisors, parents, invitees, or others affiliated with the event. (b) NAMBA will arrange and pay for a portable toilet to use throughout the duration of the event. V LIABILITY AND INDEMNIFICATION. NAMBA, its group members, supervisors, volunteers, and their parents hereby agree to indemnify and hold harmless the County from any and all rights, actions, claims, demands, liabilities or damages which may accrue against the County or any of its employees or agents for any injuries or damages to persons or property, as well as costs or expenses sustained or received as a result of or in connection with the use or preparation for use of the property for model boating activities. The County specifically disclaims all liability for any loss or theft of personal property of NAMBA, its employees, members, agents, or invitees. VI. INSURANCE. NAMBA must secure, at or before the time of execution of this Agreement or commencement of any activities, the following insurance covering all activities provided pursuant to this Agreement. NAMBA shall keep the required insurance coverage in force at all times during the term of the Agreement, and any extension thereof. The insurance coverage specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of NAMBA. The County in no way warrants that the minimum limits contained herein are sufficient to protect NAMBA from liabilities that might arise out of the activities by the Contractor, its agents, guests, representatives, and members. General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate. For general liability, NAMBA's insurer shall name County, its elected officers and employees, as additional named insureds. Page 2 of 3 Pages VII. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. VIII. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IX. 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. It is the express intention of the parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. NAMBA by and through: 1"112477 Signature 7046. Printed Nameit'd? ATTEST: ddr444) 4 Weld County _ lerk to the Board WELD COUNTY, COLORADO o2/13/oZil Date BOARD OF COUNTY COMMISSIONERS BY: Page 3 of 3 Pages D. Ross, Chair MAR 1 1 2024 NAMBINT-01 JDILLON1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 696868 - HUB International Mountain States Limited 2703 Connery Way Missoula, MT 59808 CONTACT Jordan Dillon NAME: (MIL, E:t): (406) 542-5126 I r,vC, Na),(406) 542-5647 n oRlEss:Jordan.dillon@hubinternationaI.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A :Travelers Property Casualty Company of America 25674 INSURED Namba International North American Model Boat Assoc. 162 Avenida Chapala San Marcos, CA 92069 INSURER B : INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L7R TT TYPE OF INSURANCE Ira SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DDIYYYYI POUCY EXP (MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X I-660-5864C477-TIL-24 1/1/2024 1/1/2025 EACH OCCURRENCE $ 1,000,000 DAMAGETORENTED PREMISES (Ea occurtence) 300,000 $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY D '. 9 El LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY SCHEDULED AUTOS X AS OS ONE/ I-660-5864C477-TIL-24 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (PeOr aca entj AMAGE $ A UMBRELLA LIAB X EXCESS LIAB X OCCUR CLAIMS -MADE X CUP -5480Y458-24-42 1/1/2024 1/1/2025 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I X I RETENTIONS 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICER/MEMBER EXCLUDED? ECUTIVE ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I STATUTE I I EORH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 701, Additional Remarks Schedule, maY�be attached if more space is required) General Liability: CG D1 86 02 19 XTEND Endorsement and CG DO 86 11 03 HIRED AND NONOWNED AUTO EXCESS LIABILITY ENDORSEMENT Site: South West Weld County Services Pond, 4209 County Road 24 1/2, Longmont, Colorado, 80504 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld Count Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street Greeley, CO 80632-0000 AUTHORIZED REPRESENTATIVE i I. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMEER: x-660-58645477-TIL-24 ISSUE DATE: 11-20-23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AND NONOWNED AUTO EXCESS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under t he following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE COVERAGE ADDITIONAL PREMIUM Hired and Noncwned Auto Liabil ity $ eo (If no entry appears above, information required to complete this endorsement wil I be shown in the Declarations as applicable to this endorsement). • PROVISIONS 1. You; A. COVERAGE 2. Anyone else including any partner or "execu- If a premium charge is shown in the Schedule, tive officer" of yours while using with your above the insurance provided under Section I — permission a "hired auto" or a "nonowned Coverage A -- Bodily Injury And Property auto" except: Damage Liability applies to "bodily injury" and The owner or lessee (of whom you are a "property damage" arising out of the maintenance sublessee) of a "hired auto" or the owner or use of a "'hired auto" or "nonowned auto". or lessee of a "nonowned auto" or any B. EXCLUSICNS agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" Is owned by that "employee" or a member of his or her household; c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with re- spect to any "auto" owned by such part- ner or officer or a member of his or her household; e. Any partner or "executive officer" with re- spect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; 1. Any person while employed in or other- wise engaged in duties in connection with an "auto business", other than an "auto business" you operate; Anyone other than your "employees", partners, a lessee or borrower or any of With respect to the insurance provided by this endorsement: 1. The exclusions, under Section I — Coverage A — Bodily Injury And Property Damage Liability, other than exclusions a., b., d., e., f. and i, and the Nuclear Energy Liability Exclu- sion (Eroad Form) are deleted and replaced by the ollowing: a. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employ- ment. b. "Property damage" to: Ill Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or con- trol of the insured. C. WHO IS All INSURED Section II — Who Is An Insured is replaced by the following: Each of ti -e following is an insured under this insurance t0 the extent set forth below: 9' CG DO 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY their "employees", while moving property to or from a "hired auto" or a "nonowned auto"; or 3. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1. or 2. above. D. AMENDED DEFINITIONS The Definition of "insured contract" in Section V -- Definitions is amended by the addition of the fol- lowing exceptions to paragraph f.: Paragraph f. does not include that part of any contract or agreement: (4) That pertains to the loan, leas a or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or (5) That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a cov- ered "auto" over a route or territory that per- son or organization is authorized to serve by public authority. E. ADDITIONAL DEFINITIONS Section V — Definitions is amended by the addition of the following definitions: 1. "Auto Business" means the business or oc- cupation of selling, repairing, servicing, stor- ing or parking "autos." Page 2 of 2 2. "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include: a. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or b. Any "auto" you lease, hire, rent or borrow from any of your "employees", partners, stockholders, or members of their house- holds. 3. Nonowned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of an "occurrence". This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of an "oc- currence". If you are a sole proprietor, "nonowned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or per- sonal affairs at the time of an "occurrence". F. CONDITIONS The insurance provided by this endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that applies to "bodily injury" or "property dam- age" arising out of the maintenance or use of a "hired auto" or "nonowned auto." Copyright, The Travelers Indemnity Company, 2003 CG DO 8611 03 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage, However, coverage for any injury, damage cr medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured — Unnamed Subsidiaries B. Who Is An Insured — Employees And Volunteer Workers — Bodily Injury To Co -Employees And Co -Volunteer Workers C. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies D. Blanket Addkional Insured — Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement E. Blanket Add6ional Insured — Broad Form Vendors F. Blanket Addlional Insured — Controlling Interest PROVISIONS A. WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more Than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. CG D1 86 02 16 G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations J. Blanket Additional Insured — Grantors Of Franchises K. Incidental Medical Malpractice L. Blanket Waiver Of Subrogation For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. B. WHO IS AN INSURED - EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co -"employee" while in the course of the co -"employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. O 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES 1. The following replaces the first sentence of Paragraph 3. of SECTION II - WHO IS AN INSURED: Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. 2. The following replaces the last sentence of Paragraph 3. of SECTION II -- WHO IS AN INSURED: For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. D. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Occurs subsequent to the signing of that contractor agreement; and b. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing operations to which that contract or agreement applies or the acts or omissions of any person or organization performing such operations on your behalf. The limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. Page 2 of 5 E. BLANKET ADDITIONAL INSURED - BROAD FORM VENDORS The following is added to SECTION II -- WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Occurs subsequent to the signing of that contract or agreement; and b. Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you; (2) Any change in "your products" made by such vendor; (3) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (4) Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your products"; or (6) "Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or on behalf of such vendor. © 2017 The Travelers Indemnity Company. Ali rights reserved. CG Di 86 0219 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY Coverage under thi s provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingredient, part or container entering into, accompanying or containing such products; or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. F. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The follcing is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alteraticns, new construction or demolition operations performed by or on behalf of such person or organization . 2. The following is added to Paragraph 4. of SECTION II - WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED - MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an nsured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "badly injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsegient to the signing of that contract or agreem ant; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part, The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury' caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. CG O1 86 02 15 8 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such govemmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". J. BLANKET ADDITIONAL INSURED GRANTORS OF FRANCHISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that grants a franchise to you is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured, the limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. K. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, occupational therapist or occupational therapy assistant, physical therapist or speech - language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES -- COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. Page 4 of 5 2017 The Travelers Indemnity Company. Ail rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The famishing or dispensing of drugs or mecical, dental, or surgical supplies or app[ ances. 6. The folbwing is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and coilectibe other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily rtjury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. CG D1 86 02 16 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. tr Ct Entity Information Entity Name* Entity ID* NORTHERN COLORADO MODEL @00043884 BOAT CLUB Contract Name * MOU FOR USE OF POND Contract Status CTB REVIEW ❑ New Entity? Contract ID 7871 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description * AGREEMENT TO USE SOUTHWEST SERVICE CENTER POND FOR MODEL BOAT CLUB Contract Description 2 Contract Type * AGREEMENT Amount* $0.00 Renewable * NO Automatic Renewal Grant IGA Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 03/07/2024 GROUNDS 03/11/2024 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 03/25/2024 Committed Delivery Date Renewal Date Expiration Date" 10/31/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/29/2024 03/01/2024 03/06/2024 Final Approval BOCC Approved Tyler Ref # AG 031124 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 03/11/2024 Hello