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HomeMy WebLinkAbout20230689.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, 2023, and ending October 31, 2023, 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 13th day of March, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: theAtiv �CD� -F-re man, Chai Weld County Clerk to the Board BY: Deputy Clerk to the Boar VED A ounty At orney Date of signature: x3/16/23 Perry . Bybk, Pro-Tem Scott . James _ n evin D. Ross Lori Saine cc :86(1-11SO x3/17/23 2023-0689 BG0025 Qarii-vac,-7Z5 February 28, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: waaw.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor 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 2023 season and will allow the boat club to use the use the pond from 7:00 a.m. through 5:00 p.m. on Saturday's & Sunday's Beginning April 1, 2023 through October 31, 2023. Facilities Department is recommending approval of this agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2023-0689 03A 3 AGREEMENT CONCERNING USE OF WELD COUNTY'S SOUTHWEST SERVICE CENTER POND THIS AGREEMENT is made and entered into this 06 day of March 2023 by 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 '/2, Firestone, and WHEREAS, NAMBA wishes to use the pond thereon, for model boat activities on Saturdays and/or Sundays from April 2023 through October 2023 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 from 7:00 a.m. to 5: p.m., April 2023 through October 2023 on Saturdays and/or Sundays. NAMBA shall notify the following County employee at least 48 hours before the model boat activities take place: Name: Toby Taylor 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 arty equipment. 0203 - 08"9 The time shall not be extended without written permission of the County, through its County designee, Toby Taylor, Director of the Facilities Department 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) NAMBA 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 fora 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 as an additional insured. 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 2 construed and enforced without such provision, to the extent that this Agmement 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 oiler agreements concerning the subject matter of this transaction, whether oral or written. L 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: 7/46- 7',/edia4,7 Signature NAMBA District 20 Director Printed Name / Title ATTEST: dir.44) Jeido;ok 03/06/2023 Date BOARD OF COUNTY COMMISSIONERS Weld Count Clerk to the Board WELD COUNTY, COLORADO BY: Deputy C 3 rk to n -p 'ke Freeman, Chair MAR 1 3 2123 A)a3- �� 19 ACORU" NAMBINT-01 OHLMA CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11/21/2022 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). PRooucER License # 696868 HUB International Mountain States Limited 2703 Connery Way Missoula, MT 59808 g2k cT Lisa Kohlman PHONE FAx tac. No, Extl: (406) 303-6088 (alc, Nal:(406} 542-5647 noollEss: Lisa.kohlman@hubinternational.com INSURER{S) 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 : CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INN jYPE OF INSURANCE LA ADDL SUER pOUCY NUMBER POLICY EFF POLICY El(P LIMITS X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE ❑X OCCUR X 6605864O477 1/1/2023 1/1/2024 EACH OCCURRENCE E 1,000,000 PREMISES Enn,T,nce) e 300`000 MED EXP IA.. ene person, $ 10,000 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM. AGGREGATE LIMIT APPLIES PER: POLICY D jea Q LOC OTHER PRODUCTS-COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE ____ X LIABILITY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY SCHEDULED AUtOSWNE. X AUONR ONL� 66058645477 1/1/2023 1/1/2024 %00 cc010aSLE LIMIT E 1,000,000 OODILY INJURR (perperson) BODILY INJURY {per accident) E PPerOaExRdent) MACE E A X UMBRELLA UAB X OOcSNNuAB OCCUR CLAIMS -MADE X 0489Y4682342 1/1/2023 1/1/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 1,000,000 DED I X I RETENTIONS 0 AND EMPIiDERS LIABI %, IN Y ANYIPROPMREIEMTgOERRIEXCI OED ECU/NE Mandatory fn NH) It Yes, describe under DESCRIPTION OF OPERATIONS be. N / A ($ I STATUTE i 124.- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES HUon 1 tot, Addtdonal Remarks Schedule, ma be attacked K more "ace'srequired) Site: South West Weld County Services Pond, 4209 County Road 241!2, Longmont, 01Ca ado, 80504 FORM CG D1 86 0219 I General Liability XTEND Endorsement.pdf Attached. CANCELLATION Weld County tY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street Greeley, CO 80632-0000 AUTHORIZED REPRESENTATIVE S 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided tinder the fotowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION DE COVERAGE - This endorsement broadens coverage. However, coverage for any injury. damage or 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 al 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- Employee s And Volunteer Workers - Bodily Injury To Co -Employees And CoVoturieer Workers C. Who is An insured - Newly Acquired Or Formed Limited Liabi rty Companies D. Blanket Additional Insured - Persons Or Organizations For Your Ongoing Operations As Required By W risen Contract Or Agreement E. Blanket Additional Insured - Broad Form Vendors F. Blanket Addrtianai Insured - Controlling !wrest PROVISIONS A. WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS ANA: Arty of your subsidiaries, other than a partnership or torn venture, that in not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of. or maintain an ownership interest of mom than 50% in. such subsidiary on the first day of the policy period; and b. Such subsidiary is not an inured under similar other insurance. No such subsidiary is an assured for bodily rnfury 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 S0% 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 06 0219 G. Blanket Additional Insured — Mortgagees. Assignees. Successors Or Receivers H. Blanket Additional insured — Governmental Entities — Permits Or Authorizations Relating To Premises 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 wit be deemed to be designated in the Declarations as: a. A Ironed IiaE ty 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 — BADLY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION It - WHO IS AN INSURED: Paragraphs (1Na). (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 dirties related to the corrd'uct of your business, or to 'body injury' to your other "volunteer workers" while performing duties related to the conduct of your business. 201 tt+e Try cicts nderrr�iy Corn rhr At rights reser.md. Page 1 of 5 inci�udes copy47ted mT.ranioi of Inaurunor 5nroccs Ohim. Inc. or tr is p�ennisson. 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 - WHOM AN INSURED: Any organization you newly acquire or form. other than a partnership or joint venture, and of which you we the sole owner or in which you maintain an owners=hip interest of mom than 50%. ill 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 Os structure. D. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACTOR 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 &ability for "bodily injury' or `property damage' that a. Occurs subsequent to the signing of that contract or 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 apples or the acts or omissions of arty 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 ad ktional insured on this Coverage Part is an insured. but only wth respect to liability for "bodily Witty" or `property damage' that: a. Occurs subsequent to the signing of that contract or agreement; and b. Arises out of 'your products" that am distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions:: 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 am less. Ix The insurance provided to such vendor does not apply to: (If Any express warranty not authorized by you or any cksfiributioa 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 horn the manufacturer, and then repackarjed in the original container. (4) Any failure to make such inspections. adjustments, tests or servicing as vendors agree to perform or normally undertake to perforre in the regular course of business. in coruiectio n wilts the ckstnbuiron or sate 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 su d't vendor. 0 2017 Tie Travers irrderrxrity Company At rights rewind Includes co€yrgltd rrszerial of Irsrrante Serviom Office, Inc., w. its Femur .° CG D1 96 02 10 COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to: a. Ary person or organization from whom you have acquired your products", or any ingredient. part or container entering into, accompanying or conflating such products, or b. Ary vendor for which coverage as an additional insured specifically is scheduled by endorsement. F. BLANKET ADDITIONAL INStD CONTROLLING INTEREST 1. The following is added to SECTION M — WHO IS AN INSURED: Ary 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 aheratiuo, new construction or demolition operations performed by or on behalf of such person or organization. 2. The fofowing is added to Paragraph 4. of SECTION B- WHO IS AN INSURED This paragraph does riot apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED - MORTGAGE€S, ASSIGNEES SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN CURED: Any person or organization that is a mortgagee. assignee, airrevsoF 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 insured, but only with respect to its liability as mortgagee. assignee, successor or receiver for "bodily irgury", 'property damage' or "personal and advertising injury" that: a. Is "bodly injury' or "property damage" that occurs, or is "personal and advertising injury' caused by an offense that is communed. subsequent to the signing of that contract or agreement: and CGD11l60219 b. Arises out of the ownershp, maintenance or use of the premises for ndschthat mortgagee. assignee, successor m receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The nsfrance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee. successor or receiver well be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown n the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "fly injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is comnvtted after such contract or agreement is no longer in effect: or 42) Any "bodily injury', "property damage" or 'personal and advertising limy' arising out of arty structural alterations. new construction or demokion operations performed by or on behalf of such mortgagee, assignee, successor or receiver. FL BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION 5 — WHO IS AN INSIStED: 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 mitten contract or ageerner t 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 vats, elevators. street banners or decorations. Ca 2117 The Trs ek's h'hderm ty Company. An rights reserved. Err odes co,nghted rneetial of Insurance Services 0Fnom, Inc. with es perrniss on. Page 3 of COMMERCIAL GENERAL LABILITY 1. 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 au horeation with respect to operations performed by you or on your behalf and that you are required by any ordnance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only w'th respect to liability for "bodily injury", "property damage" at "personal and advertising injury' arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any 'bodily egury' 'prope•rty damage" or 'personal and advertising injury" arising out of operations performed for the governmental entay; or b. Ary "bodily injury" or "property damage' included in the "products -completed operations hazard". J. BLANKET ADDITIONAL INSURED — GRANTORS OF FRANCHISES The fallowing is added to SECTION It — WHO IS AN INSURED: Any person or organization that grants a franchise to you fs an iztsured, but only with respect to liability for 'bodily injury". 'property damage' or 'personal and advertising inpny" 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 sell be the minimum limits that you agreed to provide it the wriitten contract or agreement, or the limits shown in the Declarations, whichever are less. K. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph to. of the definition of "occurrence" n the DEFINITIONS Section: b. An act or omission committed in providing or fading to provide incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business to occupation of providing professional health care services. 2. The falknwatg 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 (1Ha), (b}. to) and Id) 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 Of speech - language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", odrer than an employed or volunteer doctor. Any such "employees' or "volunteer workers" providing or failing to provide Frst ad 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 fast sentence of Paragraph S. of SECTION IN — UNITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Link all related ads or omissions committed it providing or failing to provide 'incidental medical services", first aid or 'God Samaritan services" to arty one person wiT be deemed to be one 'occurrence". 4. The fdlowatg eockrsion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE UABIITY: 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 a of 5 C aonl Tte Travelers Indemnity Company. All righis reserved. CG D1 86 0219 Includes mpyng►+ed imierial of Insurance Services 0Ifiee, Inc.,. wlh rft permission. COMMERCIAL GENERAL LIABILITY S. The fallowing is added to the OEFINITIONS 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 furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances_ 6. The fallo ving is added to Paragraph 4.b.. Excess Insurance. of SECTION IV — COMMERCIAL GENERAL UABLITY CONDITIONS: This insurance is excess over any valid and collectible other insurance. whether primary. excess. contingent or on any other basis, that is available to any of your employees" for "Caddy uysry" that arises out of providing or fading to provide "incidental medical services" CG Di !602 19 to arty person to the extern not subyct to Paragraph 2,a.(1) of Section II — Who Is An Insured. L BLANKET WAIVER OF SUBROGA11ON The following is added to Paragraph It., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GEPRRAL UABLITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that irsured'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: ar b. "Personal and advertising 'wits,/ caused by an offense that s committed, subsequent to the execution of the contract or agreement 6 2017 Tie Traretrs a dermey company Au rights rexnred. Page 5 of 5 Irrciudes copjrsgheed malaria! of Insurance Seririces Dine. Inc. "nth is pemrieeecr. Contract Form N Request Entity Name* Entity ID NORTHERN COLORADO MODEL BOAT @OOO43884 CLUB Contract Name* MOU FOR USE OF POND Contract Status CTB REVIEW New Entity? Contract ID 6725 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnan@co.weld.co.us Contract Description* AGREEMENT TO USE SOUTHWEST SERVICE CENTER POND FOR MODEL BOAT CLUB Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable NO Grant Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 03/09,'2023 03/1312023 Department Email CM- BuildingGrou nds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead@weIdgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG EY@WELDG OV.COM If this is a renewal enter previous tract ID If this is part of a PISA enter NSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Review Date 03 ;`01 2024 Renewal Date Co i0 Contact Name Porcha Purchasing Approver App Department Head TOBY TAYLOR DH Approved Date 03/07/2023 BOCC Approved BOCC Signed Date i3OCC Agenda Date 03/13/2023 Originator SGEESAMAN Contact Type Committed Delivery Date Contact Email Finance Approver CHERYL PATTELLI Expiration Date • 03i01 /2024 Contact Phone 1 Purchasing Approved Date Finance Approved Date 03/07/2023 Tyler Ref # AG 031 323 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 03/07/2023 Hello