HomeMy WebLinkAbout20211368.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING 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 Memorandum of Understanding
Concerning the 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., on May 23, 2021, June 26, and 27, 2021, July 24, and 25, 2021, August 28,
and 29, 2021, and November 7, 2021, with further terms and conditions being as stated in said
memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 Memorandum of Understanding Concerning the 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 memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d) XL;4.
Weld County Clerk to the Board
Deputy Clerk to the Board
APPR• ED AS
ounty At orney
Steve M+reno, C►air
ath e
Date of signature: 05/2T12
cc .. 860/5&)
O6/02/21
2021-1368
BO0023
3O+ retc4 .J # c-17Co Co
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
May 12, 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 2021
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:
a. Sunday: May 23, 2021;
b. Saturday and Sunday: June 26 and 27, 2021;
c. Saturday and Sunday: July 24 and 25, 2021;
d. Saturday and Sunday: August 28 and 29, 2021; and
e. Sunday: November 7, 2021.
Facilities Department is recommending approval of this agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2021-1368
6000x3
MEMORANDUM OF UNDERSTANDING CONCERNING USE OF WELD COUNTY'S
SOUTHWEST SERVICE CENTER POND
THIS AGREEMENT is made and entered into this day of may 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 1405 Caddoa Drive, Loveland, CO 80538, 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 2021 through November 2021 pursuant to the terms and conditions
contained herein;
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. through 5:30 p.m. on the
following dates:
a. May 23, 2021;
b. June 26 and 27, 2021;
c. July 24 and 25, 2021;
d. August 28 and 29, 2021; and
e. November 7, 2021.
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: 970-400-2023
(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. 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 porta-john unit 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.
Signature
Christopher Bopp
VI. INSURANCE. NAMBA must secure, at or before the time of execution of this MOU or
commencement of any activities, the following insurance covering all activities provided
pursuant to this MOU. NAMBA shall keep the required insurance coverage in force at all
times during the term of the MOU, 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
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 Memorandum of Understanding contains the entire
agreement and understanding between the parties to this Memorandum of Understanding
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 Memorandum of
Understanding shall be deemed an incidental beneficiary only.
NAMBA by and through:
05/10/2021
Date
District Director NAMBA 20
Printed Name / Title
ATTEST: yl) BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Cl- it to the �/�s.
E
1861 .��•
teve Morano, Chair
MAY 242021
02002/ - /3l
Contract Form
Entity Information
New Contract Request
Entity Name* Entity ID*
NORTHERN COLORADO MODEL BOAT g00043884
CLUB
Contract Name*
AGREEMENT TO USE POND AT SOUTHEAST SERVICE FOR
MODEL BOAT ACTIVITY THIS SUMMER
Contract Status
CTB REVIEW
Contract Desorption*
SEE ABOVE
iption 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND GROUNDS
Department Email
CM-
BuildingGrounds,Pweldgov.c
Om
Department Head Email
CM- BuildingGrounds-
DeptHeadwweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EYPWELDG
OV.COM
❑ New Entity?
Contract ID
4766
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesarnanco.weld.co.us
Requested BOCC Agenda
Date*
05 14!2021
Parent Contract ID
Requires Board Approval
YES
Department Project I
Due Date
05!15;2021
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 WA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
e Date*
12113.2021
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Contact Type Contact Email
Expiration Date*
12;13/2021
Contact Phone 1 Contact Phone 2
Purchasing r Purchasing Approved Date
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
05.18,2021
Final
rPr
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05;24,2O21
Originator
SGEESAMAN
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
05.19!2021 05;'19x'2021
Tyler Ref
AG 052421
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