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Home My WebLink About20211185.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING USE OF MISSILE SILO PARK AND AUTHORIZE CHAIR TO SIGN - BOY SCOUTS TROOP 88/PACK 57 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 Use of the Missile Silo Park 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 Boy Scouts Troop 88/Pack 57, commencing June 4, 2021, and ending June 6, 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 Use of the Missile Silo Park 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 Boy Scouts Troop 88/Pack 57, 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 3rd day of May, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtifeds) Weld County Clerk to the Board BY: Deputy Clerk to the Board Steve oreno, Chair S: mes, Pro-Te Perry L. Buc APPEXCUSED ou r%Attorney Date of signature: o5/io/21 ike Freeman 8t. Lori Saine Cc : BGtrilsG) O5/!3/21 2021-1185 BG0023 ContrAc+ zD # 9 1 a`a 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 April 23, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Missile Site Camping Event June 4-6, 2021 Troop 88/Pack 57 has requested to host a camping event at the Missile Site park on June 4-6, 2021. In the past, events like this have been approved with camping fees being waived and the Missile Site campground was closed to other campers and traffic. This was approved on a pass around dated April 9, 2021. Facilities is recommending approval of this agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ..7 2021-1185 6Goo a 3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Missile Site - Boy Scout Camping DEPARTMENT: Facilities DATE: 4-9-2021 PERSON REQUESTING: Toby Taylor Brief description of the problem/issue: Troop 88/Pack 57 has requested to host a camping event at the Missile Site park on June 4-6, 2021. In the past, events like this have been approved with camping fees being waived and the Missile Site campground was closed to other campers and traffic. These were captured in an agreement. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Allow the Troop to attempt a first -come; first -served for their camping event. 2. Enter an agreement that will allow them to plan their event with firm date. Recommendation: Recommendation is: Enter a fee free agreement for this event to be presented for consideration at a public meeting. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: MEMORANDUM OF UNDERSTANDING CONCERNING USE OF WELD COUNTY'S MISSILE SILO PARK THIS AGREEMENT is made and entered into thiday of cleiN by and between the County of Weld, a body corporate and politic of the State of Color t o, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Boy Scouts Troop 88/Pack 57, whose address is 503 Walnut Street, Windsor CO 80550 , hereinafter referred to as Pack 57. WHEREAS, the County owns the Missile Silo Park, hereinafter referred to as "Park", located at 10611 CO -257 Spur, Greeley, CO 80634, and WHEREAS, Troop 88 wishes to use the Park and the campground located thereon, for an overnight camping event on June 4, 2021 through June 6, 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 Boy Scout Troop 88 permission to use the Park and campground, as governed by the terms and conditions of this agreement, for the sole purpose of an overnight camping trip and related activities, including setting up and sleeping in tents/campers, using campfires for cooking, warmth and light, using telescopes for star gazing, and exploring the park. (b) Boy Scout Troop 88 and the scout leaders shall make all arrangements relating to the overnight camping event and related activities, except those specifically made the responsibility of the County by this agreement. II. TERM. (a) Boy Scout Troop 88 shall be permitted to use the Park from 7:00 a.m. June 4, 2021 through 3:00 p.m. June 6, 2021. (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. Boy Scout Troop 88 and its troop leaders, and adults assisting with the camping trip, shall be responsible for supervising all children, adults and invitees of Boy Scout Troop 88 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, Scout Leaders and other Scout adult personnel, shall immediately remove any such person not adhering to the rules and regulations of the County. IV. CONDITION OF PREMISES. Boy Scout Troop 88 agrees to leave the Park facility in the same condition after the event as it was at the commencement of the camping and recreational activities, ordinary wear and tear thereof excepted. Boy Scout Troop 88 specifically acknowledges that temperatures and wind conditions may enhance the fire danger in the Park and will ensure that all fires, embers, sparks, "hot spots" and other evidence of fire or sparks will be completely doused prior to leaving the park, including without limitation, from camp fires or from model rockets or any other activity engaged in by Boy Scout Troop 88 and its guests. (a) Boy Scout Troop 88 agrees that there shall be no more than attendees, including scout leaders, scouts, supervisors, parents, invitees, or others affiliated with the event. (b) Boy Scout Troop 88 will arrange and pay for a porta-john unit to use throughout the duration of the event. (c) Boy Scout Troop 88 intends to have campfires for cooking, lighting, and warmth. Troop 88 will ensure that it sets up camp fire rings, supervise the use of camp fires, has adequate water to completely douse the camp fires, control the size of the flames, limit sparking from the fires, ensure that all fires are completely out and cold when unattended and when the group leaves the camp site. (d) Boy Scout Troop 88 may launch model rockets. Troop 88 will ensure that it follows all recommendations for the safe use of such rockets and to prevent fires that may spark from the launches. These practices include, without limitation, marking an adequate "safe zone" within which youth cannot enter, ensure that all combustibles are removed from the area, launch the rockets from gravel covered areas, ensure that water, fire extinguishers, and shovels are readily available, among other precautions. V. LIABILITY AND INDEMNIFICATION. Boy Scout Troop 88, its group members, supervisors, volunteers, scouts 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 Park for camping, camp fires and any other activities including, without limitation, launching model rockets, or the presence of any persons, property or invitees of the Boy Scout Troop 88 on or about the Park. The County specifically disclaims all liability for any loss or theft of personal property of the Boy Scout Troop 88, its employees, scouts, agents, or invitees. VI. 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. VII. PUBLICATION. Boy Scout Troop 88 will not issue any publications or otherwise share photos concerning the Park taken in relation to this agreement without prior review and express written consent of the County through the County's designee. 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. RELEASE. Any person participating in any part of the camping activities at the Park must sign a Release of Liability, attached as Exhibit A and incorporated herein by reference. Parents or guardians shall sign a release on behalf of children participating in this event. X. 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. Boy Scout Troop 88 by and through: 4/22/2021 Signature Date Seth D. Sandstrum Printed Name / Title ATTEST: Weld Count BY: de1) v• X.1144 BOARD OF COUNTY COMMISSIONERS lerk to the Board WELD COUNTY, COLORADO Deputy Clem ve Moreno, Chair MAY 0 3 2021 ?-4002-/- // 8 ---* RELEASE: WAIVER OF RIGHTS AND RELEASE OF LIAIBLITY BY CAMPER, PARENTS, GUARDIANS, CUB SCOUT LEADERS, BOY SCOUT TROOP 88 AND LONGS PEAK COUNCIL Camper, Parents, Legal Guardians, Supervisors and Scout Leaders hereby release, waive and discharge the Weld County Board of County Commissioners, Weld County and its employees and agents (hereinafter Weld County) from all loss, damage, injury, or liability arising in connection with the use of the Missile Silo Park, including without limitation, for overnight camping, use of camp fires, use of the Park's facilities and equipment, and/or related activities. This includes any personal injury or loss of property that occurs during the use of the Park. Indemnification and Hold Harmless. Camper, Parent(s) and/or Legal Guardian(s) further agree to indemnify and hold harmless Weld County Board of County Commissioners, and its employees and agents (hereinafter Weld County) from and against all losses, damages, monetary awards and expenses, including all costs and attorney's fees incurred by the indemnified parties in connection with any and all claims asserted against Weld County brought by Campers, Scouts, Parent(s) and/or Legal Guardian(s), Scout personnel, and guests and their respective heirs, successors, assigns and legal representatives for any injury, illness, disease, death, or damage to or loss of property, arising in connection with the use of the Missile Silo Park. PARENT OR LEGAL GUARDIAN FOR DATE Contract Form New Contract Request Entity Information Entity Name* BOY SCOUTS OF AMERICA Entity ID* 00©0511© Contract Name* MISSILE SITE CAMPING AGREEMENT TROOP 88r PACK 57 Contract Status CTB REVIEW Contract Description* CAMPING EVENT JUNE 4-6, 2021 Contract Description 2 Contract Type* AGREEMENT Amount* S0.00 Renewable* NO Automatic Renewal Department BUILDINGS AND GROUNDS Department Email CM - Bu i ld i ng G rou n d s@wel dgov. c onl Department Head Email CM-BuildingGrounds- DeptHead. weldgov.com County Attorney GENERAL COUNTY Al I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY +WELDG OV.COM Contract ID 4722 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Requested BOCC Agenda Date* 05 !`03;`2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04!24,`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 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 Review Date* 07`05,=2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date 07(05/2021 Contact Information Contact Name Purchasing Approval Process Department Head TORY TAYLOR DH Approved Date 04/27/2021 BOCC Approved BOCC Signed Date BOCC Agenda Date 05/03,2021 Originator SCEESAMAN Contact Type Finance Approver BARB CONNOLLY Contact Phone I Contact Phone 2 Purchasing Approved Date Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 04,28/2021 04.28x'202) Tyler Ref # AG 050321 Hello