HomeMy WebLinkAbout20220838.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 a 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, from 7:00 a.m. to 5:30 p.m., April 10,
and 30, 2022, May 15, 2022, June 12, 18, and 19 2022, July 10, 30, and 31, 2022, and August 14,
27, and 28, 2022, 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 16th day of March, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNCOLORADO
ATTEST: day...4 jClto;e1
Weld County Clerk to the Board
BY:
Deputy Clerk to t
Scott K. James, Chair
APP: e ED OR 1 j
Lori Saine
Coun y A ttorney
Date of signature: 3/aLt/
ax.u.1/4
teve Moreno
cc•.geer'f/sG)
3 /2S/,22
2022-0838
BG0024
Con-vad- ID.5(Q5ci
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
March 9, 2021
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 2022
season and will allow the boat club to use the use the pond from 7:00 a.m. through 5:30 p.m. on the
following dates:
April 10th (Test & Tune Day ) Youth Outreach Day. Drive from the bank
April 30 / May 1st Race
May 15th (Test & Tune Day )Youth Outreach Day. Drive from the bank
June12th (Test & Tune Day ) Youth Outreach Day. Drive from the bank
June 18 / 19th - Race
July 10th (Test & Tune Day ) Youth Outreach Day. Drive from the bank
July 30 /31- Race
August 14th (Test n Tune Day ) Youth Outreach Day. Drive from the bank
August 27 / 28 - Race
Facilities Department is recommending approval of this agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2022-0838
o3/i E.G.( ooM
AGREEMENT CONCERNING USE OF WELD COUNTY'S
SOUTHWEST SERVICE CENTER POND
THIS AGREEMENT is made and entered into this day of 1'' `�O(1Z0� 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", looted 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 2022 through November 2022 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) NAIV1BA shall be permitted to use the pond from 7:00 a.m. April 2022 through 5:00
p.m. November 2022 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: 1 105 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.
1
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 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 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 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:
delf
Signature
Printed Name I Title
Atakir„..O6441-id- -a) '.`r_e_c_,4,5
ATTEST: dUftik BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Cl r k to thK. James, Chair
3
MAR 1 6 2022
o2ooio? -o6F,58
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
NORTHERN COLORADO MODEL BOAT g00043884
CLUB
Contract Name*
MOU USE AGREEMENT
Contract Status
CTB REVIEW
Contract Description*
USE AGREEMENT FOR SOUTHWEST SERVICE CENTER POND
Contract Description 2
Contract Type*
AGREEMENT
Amount *
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND GROUNDS
Department Email
CM-
BuildingGroundsAweldgov.c
om
Department Head Email
CM-BuildingGrounds-
DeptHeadwweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY'?WELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
❑ New Entity?
Contract ID
5659
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesarnan@co.weld.co.us
Requested BOCC Agenda
Date*
03/23'2022
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
03/19/2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Termination Notice Period
Contact Information
Contact In'
Purchasing
Purchasing Approver
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
03/10/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
03/1612022
Originator
SGEESAMAN
Review Date*
10/03/2022
Committed Delivery Date
Contact Type Contact Email
Finance Approver
CHRIS D'OVIDIO
Renewal Date
Expiration Date*
10;0312022
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
03/10%2022
Tyler Ref #
AG 031622
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
03 '10,'2022
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