HomeMy WebLinkAbout20194386.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING USE OF MISSILE
SILO PARK AND AUTHORIZE CHAIR TO SIGN - BOY SCOUT TROOP 888
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 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 Department of
Buildings and Grounds, and Boy Scout Troop 888, commencing on October 25, 2019, and ending
October 27, 2019, 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 Memorandum of Understanding Concerning Use of 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 Department of Buildings and Grounds, and
Boy Scout Troop 888, 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 2nd day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: dadtA) j ;ei
44-tarbara Kirkmeye , Chair LeYe-A—j
Weld County Clerk to the Board
BY74-0%;t-fir
Mike Freeman, Pro-Tem
Deputy Clerk to the Board ` �
E L/ Sean . Conw-
APPR(Q D Ate+►«.R
361 ( =;i = .co�, James
.; �. l
ounty Attorney f' r
* ' \; .\�,Steve Moreno
Date of signature: 1%g/iq �.,...,.�
c.c_• E3GC T T /S C,) 2019-4386
1O 19 119 BG0021
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
G O UN T Y WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
September 30,2019
To: Board of County Commissioners
From:Toby Taylor
Subject: Missile Site Camp—Boy Scout Troop 888
Boy Scout Troop 888 desires to use the entire Missile Site Campground from October 25, 2019 until
October 27, 2019. This agreement captures the use of the park for their activity.
Therefore, Buildings&Grounds is recommending approval of this memorandum of understanding.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2019-4386
rOro a GOO
MEMORANDUM OF UNDERSTANDING CONCERNING USE OF WELD COUNTY'S
MISSILE SILO PARK
THIS AGREEMENT is made and entered into this a day of Oc+.1 90 i 9 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 Boy Scouts Troop 888,whose addresses a,vp
is So 3 1,1/4i4.O- s 1, W a ors or CC, ,hereinafter referred to as leak,- i.°Z .
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 888 wishes to use the Park and the campground located thereon, for an
overnight camping event on October 25,2019 through October 27, 2019 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 888 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 888 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.
H. TERM.
(a) Boy Scout Troop 888 shall be permitted to use the Park from 7:00 a.m. October 25,2019
through 3:00 p.m. October 27,2019.
(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 Buildings and Grounds Department for Weld
County.
712/9- 43E6'
III. STAFF AND INVITEES. Boy Scout Troop 888 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 888 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 888 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 888
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 888 and its guests.
(a) Boy Scout Troop 888 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 888 will arrange and pay for a ports john unit to use throughout
the duration of the event.
(c) Boy Scout Troop 888 intends to have camp fires for cooking, lighting, and warmth.
Troop 888 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 888 may launch model rockets. Troop 888 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 888,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 888 on or about the Park. The County specifically disclaims all liability for any
loss or theft of personal property of the Boy Scout Troop 888, 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 888 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 888 by and through:
G---' 1/*2-7 2-o/
Signature Date
Printed Name/Title
ATTEST: f', ; J G ufeio;‘,e BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLO I 0
BY: �� ,` .�_
Deputy C r "' � � ��:arbara Kirkmeyer Chair
1361 ( ` OCT OCT 02 2019
•
020 / 9 G
MEMORANDUM OF UNDERSTANDING CONCERNING USE OF WELD COUNTY'S MISSILE
SILO PARK- BOY SCOUTS TROUP 888
APPROVED AS TO SUBSTANCE:
Elected Officia or Department Head
APPROVED AS TO FUNDING:
044.62e4yc. tmas
Controller
APPROVED AS TO FORM:
- id
County Attorney
Hello