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Home My WebLink About20222505.tiffRESOLUTION RE: APPROVE FACILITY USAGE LICENSE AGREEMENT AND RENTAL GUIDELINES FOR AREA AGENCY ON AGING (AAA) SENIOR NUTRITION PROGRAM (FRIENDLY FORK) AND AUTHORIZE CHAIR TO SIGN - ARCHDIOCESE OF DENVER AND GUARDIAN ANGELS CATHOLIC CHURCH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Facility Usage License Agreement and Rental Guidelines for the Area Agency on Aging (AAA) Senior Nutrition Program (Friendly Fork) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, the Archdiocese of Denver and Guardian Angels Catholic Church, with further terms and conditions being as stated in said agreement and guidelines, and WHEREAS, after review, the Board deems it advisable to approve said agreement and guidelines, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Facility Usage License Agreement and Rental Guidelines for the Area Agency on Aging (AAA) Senior Nutrition Program (Friendly Fork) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, the Archdiocese of Denver and Guardian Angels Catholic Church, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and guidelines. CC:HsD t o/n/22 2022-2505 HR0094 FACILITY USAGE LICENSE AGREEMENT AND RENTAL GUIDELINES FOR AREA AGENCY ON AGING (AAA) SENIOR NUTRITION PROGRAM (FRIENDLY FORK) - ARCHDIOCESE OF DENVER, DBA GUARDIAN ANGELS CATHOLIC CHURCH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WED COUNTY, COLORADO ATTEST: dit,f,A) ott K. James, Chair Weld County Clerk to the Board BY: Deputy Cle APP 'County ttorney Date of signature: '1/g/22 MF eman, Pro -T teve Moreno Lori 2022-2505 HR0094 Con�vac-1- IW-(n2:10 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: August 23, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Facility Usage License Agreement with the Archdiocese of Denver and Guardian Angels Catholic Church Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Facility Usage License Agreement with the Archdiocese of Denver and Guardian Angels Catholic Church. The Department's Area Agency on Aging (AAA) provides a senior lunch program called Friendly Fork. Through this program, seniors may receive free lunches at various locations throughout Weld County. The Department is requesting to enter into an agreement for use of the Guardian Angel's Catholic Church, located in Mead, Colorado, where lunches will be hosted every Thursday. The fee for use of this facility is $100.00 per week for a total of $4,900.00 for the first year which will be funded by the American Rescue Plan Act (ARPA), Older Americans Act (OAA). The term of the Facility Usage License Agreement will be from September 1, 2022 through August 31, 2024 and shall be reaffirmed annually through an amendment signed by both parties. Legal has reviewed and approved this Facility License Agreement (C. Perry). I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to sign the Facility Usage License Agreement, Rental Guidelines, and the Rental Guidelines - Rental Price Sheet Addendum, and initial approved change on pages 3, 4, and 6. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Pass -Around Memorandum; August 23, 2022 - CMS ID 6270 Page 1 2022-2505 0V3) ARCHDIOCESE OF DENVER RISK MANAGEMENT PROPERTY/CASUALTY INSURANCE TRUST 1300 S. Steele St • Denver, CO 80210 (303) 715-3150 • Fax (303) 715-2041 FACILITY USAGE LICENSE AGREEMENT 1. General Information Parish/School/Organization ("Licensor"): C—�Ua1'&L (.4n Oj i (c -A1 J2L ( .1 11 UtaV (Licensor is understood to Irv, a the diocese of Denver) Location and brief description of the land and/or building(s) to be used (the Property"). If only certain areas of the Property may be used, description of those areas: ,Sen tor Lunch. Name, address and phone number of person or organization that will use the Property ("Licensee"): Weld County Department of Human Services, Weld County AAA Friendly Fork Program, 315 N 11th Avenue, PO Box A, Greeley, CO 80632 Number of people attending: I 5 - 3,'J Activity for which the Property will be used (the "Activity"):.n .1G r Furniture, equipment and supplies of Licensor which may be used in conjunction with the Activity: -'r Clio1 t cl1( s 1 ks)f aver Party (Licensee or Licensor) responsible for clean-up of the Property after the Activity: AAA Friendly Fork Volunteers will be responsible for clean-up after each meal. Date and beginning and ending times that Property will be used (the "License Period"): 1 " y 1U f,, '1W\,eXl—COltliad 1'S.-s\5f] —1:16T-Z --'-1 11iJ°' ✓ � 2. Grant of License The Licensor hereby consents to entry upon the Property by Licensee for the purpose of engaging in the Activity during the License Period. 3. Scope of License a. This license does not permit entry into any areas not described above, and expressly prohibits entry into the following areas: Of-ro located within the facility: 109 South 3rd Street, Mead, Colorado 80524 RISK MANAGEMENT ANo INSURANCE MANUAL 2010 Appendix III.A(1) 62,Mo? -a.535- 41, ,\RCHDIOC:ESE OF DENVER FACILITY USAGE LICENSE AGREEMENT PAGE 2 OF 3 b. This license is solely and exclusively for the purpose of engaging in the Activity. Licensee may conduct activities reasonably incidental to the Activity, provided that Licensee shall not: alter or destroy any foliage on the Property (except as may be stated in the Activity); alter or destroy any furniture, fixtures, equipment or supplies of Licensor; alter or destroy any improvements on the Property, or the Property itself; improve the Property; or in any other way alter the condition of the Property such that the alteration may remain after the expiration of the License Period. The Property must be restored by the end of the License Period to the condition in which it existed immediately before the commencement of the License Period, except to the extent of any clean-up for which Licensor is responsible. c. Licensee may be accompanied by members or guests numbering no more than the "number of people attending" stated above. d. This license is revocable by Licensor at any time, with or without notice. e. This license neither constitutes nor accompanies an interest in the Property. f. This license is not assignable in whole or in any part. 4. Charges and Deposits a. In consideration of the grant of thi icense, Licensee agrees to pay to Licensor a License Charge. The License Charge shall be $ , which shall be paid in advance, and shall not be refundable. b. Without affecting the rights and responsibilities of the parties hereto contained in any other provision of this license, it is hereby agreed that Licensee [Licensor or Licensee] shall be responsible for dean -up of all parts of the Property used by Licensee pursuant to this license, except that (swat dinn ��kno�eln [Licensor or Licensee) shall be responsible for clean up of rr,O4 t kca it -%o (tuarm, cw [room or part of Property to be cleaned by party not responsible for general clean-upj i. Any clean-up for which Licensee is responsible shall be completed during the License Period. To the extent that Licensee Is responsible for clean-up, any uncleanliness which remains beyond the License Period shall be deemed to be damage, covered by Paragraph 4.c. below. Any uncleanliness which remains beyond the license Period, and which Licensor determines in its sole discretion cannot be cleaned by ordinary means, shall be deemed to be damage, covered by paragraph 4.c. below. c. ii. In consideration for Licensor's responsibility, if any, for clean-up, Licens hereby agrees to pay to Licensor a Clean-up Charge. The Clean-up Charge shall be $ , which shall be paid in advance and shall not be refundable. Licensee hereby agrees to submit to Licensor, In advance, a Damage Deposit in the amount of t 1f , as security for the occurrence of any damages described in Paragraph 5.a below. i. Except as provided below, Licensor shall refund the Damage Deposit to Licensee within 10 business days of the conclusion of the License Period. ii. Upon the occurrence of any damages described in Paragraph 5.a., Licensor shall be permitted to use all or part of the Damage Deposit in an amount Licensor deems to be necessary for repair of the damages or replacement of the items(s) damaged. RISK MANAGEMENT AND INSURANCE MANUAL 2010 Appendix III.A(1) ARCHDIOCESE OF DENVER. s�,....�uxun� rx,nm.wu:.m�.avarM1,a Host FACILITY USAGE LICENSE AGREEMENT PAGE 3 OF 3 iii. Licensor's refund of the Damage Deposit shall not be construed as an assertion by Licensor that damages described in Paragraph 5.a. have not occurred, and shall not limit Licensor's rights or remedies under this license, or under any provision of law. iv. Licensor's use of the Damage Deposit as provided above yhall not limit Licensor's rights or remedies under this license, or under any provision of law. 5. Release a. The above -named LICENSEE agree o defend, protect, indemnify and hold harmless the above - named LICENSOR against and from all c ms arising from the negligence or fault of the above -named LICENSEE or any of its agents, family embers, officers, volunteers, helpers, partners, organizational members or associates which arise ou f the above identified ACTIVITY at the above -named PROPERTY. b. LICENSEE agrees to provide a certificate of insurance to the LICENSOR, which provides evidence of general liability coverage of not less than one million dollars ($1,000,000) per occurrence. LICENSEE also agrees to have the LICENSOR named as an "Additional Insured" on its general liability policy for the LICENSE PERIOD in relationship to the ACTIVITY for claims which arise out of LICENSEE'S operations or are brought against the LICENSOR by LICENSEE'S employees, agents, partners, family members, students, customers, function attendees, guests, invitees, organizational members or associates. LICENSEE also agrees to ensure that its liability insurance policy will be primary in the event of a covered claim or cause of action against the LICENSOR. c. If and only if LICENSEE fails to comply with the above (second) paragraph, then the above -named LICENSEE agrees to protect, defend, hold harmless and fully indemnify the above -named LICENSOR for any claim or cause of action whatsoever arising out of or related to the usage which takes place during the above identified LICENSE PERIOD that is brought against the LICENSOR by the above -named LICENSEE or its employees, agents, partners, family members, students, customers, function attendees, guests, invitees, organizational members or associates, even if such claim arises from the alleged negligence of the LICENSOR, its employees or agents, or the negligence of any other individual or organization. If any sentence or paragraph of this agreement is held invalid, it is agreed that the balance thereof, shall continue in full legal force and effect. 6. Compliance with Law Licensee and its members and guests shall comply with all applicable local, state and federal laws during use of the Property. 7. Alcoholic Beverages Possession or consumption of alcoholic beverages on the Property is prohibited unless a signed Consent for Consumption of Alcohol Addendum has been executed and attached to this agreement. Dated this , / day of , 0OdA LICENSOR By: Authorized Agent LICENSEE By: Aut'orized Agent BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO RISK MANAGEMENT AND INSURANCE MANUAL 2010 Appendix III.A(1) ;__• �r-�, Guardian Angels Catholic Church MEAD. COLORADO 109 S. 3'd St. P.O. Box444 dead, CO 80542 (970) 535-0721 www. meadangefs. org RENTAL GUIDELINES Event Date: `A —111/16(19 Event Activity: SP -I i6 r Ch., ii; a k (y Ott Gvikrl cot's-tcac4 s Stan{d -4-h"r rae,'lut1 ihtlrSda. j Renter Name: Weld County Department of Human Services, AAA Friendly Fork Program Address: 315 N 11th Avenue / PO Box A City: Greeley State: CO zip: 80632 Phone: (970) 400-6132 Email mskoglund@weldgov.com 1. A deposit of $ .2OO (Non-refundable) is due at signing and will confirm the rental. The deposit is part of the rental fee of $ inn / t,dCC.k- due and payable at least 30 days prior to rental date. Additionally, a Damage Deposit of $ o2OOt— (Refundable) is required at least 30 days prior to rental date. After rental the deposit will be refunded if there is no damage to the facility as determined by Guardian Angel's Event Coordinator. 2. The use of the rental facility is restricted to eight (8) hours maximum. All music must cease by 11:00 p.m. All consumption of alcoholic beverages must cease 30 minutes prior to the end of the event or 11:00 p.m., whichever is earlier, and the rental property must be vacated by 12:00 a.m. without exception. 3. The sale of alcohol is prohibited on -site. Only beer & wine can be served by an approved bartender. 4. If the kitchen facility is included in the rental agreement, limited refrigeration space is available and the ice is available from the facility's ice machine. All food must be removed from the premises at the conclusion of the rental 5. An Event Coordinator must be assigned to supervise rentals at the discretion of the Pastor at Guardian Angels. The Event Coordinator shall have complete authority and control of the facility during the rental and shall have the right and complete access at any and all times during the event. The Event Coordinator is there to protect the best interest of Guardian Angels and has the right to terminate a function at any time, if misconduct is indicated. 6. NOTE: The Event Coordinator is not a "bouncer" and is instructed to notify the police if problems arise. The Event Coordinator does not alleviate the renter of the renter's responsibility to maintain control of guests at all times. 7. All rentals are restricted to the interior of the rental facility only. Congregating on the parking lot or any other portion of the property is not allowed, except for the stroking area adjacent to the south entrance of Bakhita I-Iall. 8. Illegal gambling of any kind is not permitted in the rental facility, Lewd or indecent conduct is not permitted on any Guardian Angels' property. 9. At the discretion of the Event Coordinator, a uniformed off duty police officer may be in attendance during the event (at renter's expense) if the number in attendance is to exceed 100. REV 8/15/2018 10. Decoration arrangements must be reviewed in advance with the Event Coordinator or their representative. Nails, brads, of; or staples cannot be used on the walls, ceiling, floor or furniture. Tables may be coveted by plastic or linen tablecloth to protect them. Standing on tables or chairs is not permitted. Tables and chairs not needed will be neatly folded and/or stacked. All decorations must be removed at the conclusion of the activity. Routine and usual cleaning is included in the rental fee; however, costs for cleaning of an unusual nature (glitter, confetti, stickers, marshmallows with chocolate fountain) could be assessed to the renter or withheld from the security deposit. 11. All parking must be in designated parking areas on Guardian Angels property. All fire lanes must remain open. NO PARKING ALLOWED AT THE POST OFFICE!. 12. On the date of the rental, all requests for assistance should be made through the Event Coordinator. 13, Parish Center Bakhita Hall and Del Bufalo Hall combined is restricted to a maximum of 220 people. The Undersigned, individually and on behalf of the above -named organization, agrees to be entirely responsible for any and all lower, damages or other injuries to the properly owned by Guardian Angels Catholic Parish, Mead (Guardian Angels). Furthermore, the Undersigned understands that all fees paid to Guardian Angels are non-refundable (except far security deposits) and that Guardian Angels will not be responsible for the loss, damage or the of personal poparty of, or personal injury to, those occupying the faci/iy. The Undersigned acknowledges rea/pt of a copy of this Rental Guideline and the Facility Usage License Agreement and ogres, individually and on behalf of the above -named organization, to abide by them. This agreement is made upor the express condition that Guardian Angels, its agents and emp/oees shall be free from all liabilities and claims for damages and/or suits for or by reason of arty injury, or death to any person or prnpery of the Undersigned, its agents or employees, or theirpartier, from any cause or causes whatsoever while in or upon Bald premises or any part thereof during the terns of this agreement or occasioned by arty occOanry or use of said premises or any activity carried on y the Undersigned in connection herorviih, and-&rdenstgnedbuxlzy.carreonv ' and agmea.ta•inde+ ni,' jdefood,-rays-and ba/d,6atyptksi..GaardianAngels '. gents-amfrrap/oyorfrom a/171abtlitie- ehargetiTxpeorentiret vsto-vn ucoomrt-of-or-byes any-suchinjmres, death, Iiabiritie os ieweaex eser ng•vrdamagergrrorvirrg-oiti-o, -the-same.-.. Loh, Date: AUG 3 1 `_"« Signature of Renter: BOA S OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO Printed Name of Renter: eld County Department of Human Services, Weld County AAA Friendly Fork Program Signature of Pastor: Date: Printed Name of Pastor: Signature of Event Coordinator: Printed Name of Event Coordinator: Lin Litt 0i Ngtfe, Date: p 7 -cZl - ob -- (Initial) �l �� f, %V GLt 6 Q YYIddrlco ma jdo.rq O Event Coordinator Phone: 910. �NR. 41 Z Email: g ltd t -farts r r .cam (/ ******t****actorroot***t***********o*tt*rOpylCE USE ONLY***********to*a*.*notr.t+e4Ftootrttttt*t►r**t* Deposit Amount: $ Date Paid: Check # Amount Due $ Due By: REV 8/15/2018 02,0.2.2 -016-b-- vy ARCHDIOCESE OF DEN E.R. ILISK MANA( .MI:NT MON.! Y CASUAL.' Y INSUI Nu, RUS 1300 S, Steele SL • Chimer, CO 80210 (303) 715.3150 . Fax (303) 715.2041 CONSENT FOR CONSUMPTION OF ALCHOL ADDENDUM This Consent contains terms defined in the License Agreeme between , the Archdiocese of Denver (`Licensor'), (Parish/School/Organization] and (`Licensee) (Name Of Person Or Organization That Wi se The Property} dated the day of . (the 'License Agreement"). Such terms have the same de tions for the purposes of this Consent that they have in the License Agreement. Licensor hereby consents to the consumpon of alcohol on the Property during the time period stated in the License agreement by those individuals = tering the Property pursuant to the License Agreement who are not visibly intoxicated, who are at least 21 ye , rs old, and who are not habitual drunks. This Consent is expressly condition- • upon strict adherence by the Licensee and all members, guests, invitees and licensees of Licensee to Licens ' is Liquor Liability Rules and Regulations (attached). Failure to fulfill this condition shall nullify this Consent, . shall be deemed a material breath of the License Agreement. The Consent is valid only if pars • aph (5.b.) of the License Agreement is complied with. Licensee understands and ac owledges that Colorado law prohibits the sale of alcoholic beverages without a license to do so. Licensee . • rees that there will be no charge for any alcoholic beverages to be served, and agrees that any admission • arge will be the same for all attending, without regard to whether they consume any alcoholic beverages. Fu - er, Licensee agrees that no alcoholic beverages will be served to any visibly intoxicated person, any pe • n who is under the age of 21, or any habitual drunk. Name of Bartender: Dated this day of LICENSOR LICENSEE By: By: Authorized Agent (Print Name) Authorized Agent (Print Name) RISK MANAGEMENT AND INSURANCE MosuvL 2010 Appendix 111.8(1) 109 5 3'd St. Guardian Angels Catholic Church wA. MIRO. COLORADO rP O. t13oZ 444 Mend; CO 80542 (970) 535-0721 •aroem meaa'arrgeie org RENTAL GUIDELINES - Rental Price Sheet Addendum RENTER /W & (:tJ£(1()Ip. ikOr LU n('1 EVENT ACTIVITY &flLO C t o d1 Event Facility Charge: $ £' G,j 11/'" Includes: Tables an chairs (f TV for playing DVD's Free parking ADDITIONAL CHARGES Event Coordinator $ Kitchen Use $ Drink Dispenser $ Coffee Pot $ Sound System $ Other $ ft,/ EVENT DATE:: &,19 , aiOAL O1119- 6/13 ; s-1 +r t 0'7/01 Lc# @ $25 per hour See rate sheet for fees @$10each @ $10 each @ $75 Describe: Damage Deposit $ 1�Refundable and required at least 30 days prior to rental dace TOTAL CHARGES $,)51 464t 1( Less Security Depsnit $ BALANCE DUE `S 10° L.,41 Non-refundable due at signing to confirm rental Payable at lease 30 days prior to rental date REV 8/15/2018 Addendum to contract for Senior luncheon made on July, 21, 2022 Changes or modification of this Agreement require 15 days' notice and shall be in writing and signed by both parties. Linda O'Hare (74 -- BOARD OF COMMISSIOINERS WELD COUNTY, COLORADO AUG 3 12022 Entity Infori atton Entity Name* GUARDIAN ANGELS CATHOLIC CHURCH Entity ID. A00046001 ❑ New Entity? Contract Name* Contract ID ARCHDIOCESE OF DENVER/GUARDIAN ANGELS CATHOLIC 6270 CHURCH - FACILITY USAGE AGREEMENT Contract Status CTB REVIEW Contract Lead. WLUNA Contract Lead Entail wl u na@'wel d g ov. co m ;.co bbx xlk@weldgov.coni Parent Contract. ID Requires Board Approval YES Department Project 0 Contract Description. FACILITY USAGE AGREEMENT BETWEEN THE ARCHDIOCESE OF DENVER/GUARDIAN ANGELS CATHOLIC CHURCH LOCATED IN MEAD, CO. FACILITY TO BE USED FOR THE FRIENDLY FORK PROGRAM. TERM_ 09/01/2022 TO ©8/31.2023 AND MAY BE RENEWED FOR 1 (ONE) ADDITIONAL YEAR. Contract Description 2 PA ROUTED TO CTB ON 08124/2022. Contract Type* AGREEMENT Amount* $5,100.00 Renewable. NO Automatic Renewal IGA Department HUMAN SERVICES Department Email CM - H li man Servi ce sWwel dgov. co Department Head Email CM-HumanServices- De ptH a ad gmel d gov. cart} County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY AWELDG OV.COM Requested BOCC Agenda Date. 08,i 31 2022 Due Date 08/2712022 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 ?ASA enter MA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contrd Dates Effective Date Termination Notice Period Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 08/29/2022 Final +ippra BOCC Approved BOCC Signed Date BOCC Agenda Date 08/31/2022 Originator WLUNA Review Date* 06/30x20.22 Committed Delivery Date Finance Approver CHRIS D'OVIDIO Renewal Date Expiration Date* 08,31/2022 Contact Phone 2 Purchasing Approved Date Finance Approved Date 08;;.30/2022 Tyler Ref* AG 083122 Legal Counsel CAITLIN PERRY Legal Counsel Approved Date 08/30/2022 Hello