HomeMy WebLinkAbout20195179.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR STUDY, CLEANING, CASTING AND REDISPLAY OF
RARE HORNED DINOSAUR FOSSIL AND AUTHORIZE CHAIR TO SIGN - DENVER
MUSEUM OF NATURE AND SCIENCE
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 an Agreement for Study, Cleaning,
Casting and Redisplay of a Rare Horned Dinosaur Fossil between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Denver
Museum of Nature and Science, commencing upon full execution of signatures, 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 for Study, Cleaning, Casting and Redisplay of a Rare
Horned Dinosaur Fossil between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and the Denver Museum of Nature and Science, 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 30th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
�,�,/ WELD COUNTY, COLORADO
ATTEST: {j„Qe, �..�CG�Oi� EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APP' • Vi D AS
ount • :rney
Date of signature: O1 /13 /7.o
Mike Freeman, Pro -Tern
co . James
EXCUSED
Steve Moreno
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OI /27/20
2019-5179
BC0052
DocuSign Envelope ID: 042D0108-31 CC -419C -A11 E-1 D9BEEAAF27D
AGREEMENT FOR STUDY, CLEANING, CASTING AND REDISPLAY
OF RARE HORNED DINOSAUR FOSSIL
THIS AGREEMENT is made and entered into this 15th day of December, 2019, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, Colorado whose address is P.O. Box 758, 1150 "O"
Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County," and the State of
Colorado, on behalf of the Denver Museum of Nature and Science, hereinafter referred to as
"DMNS," whose address is 2001 Colorado Boulevard, Denver, Colorado 80205 ("the
Museum").
WITNESSETH:
WHEREAS, in September, 1986, Weld County received ownership of a dinosaur fossil
display ("the Display") through the generous donation of the Roland C. Mapelli Family, and
WHEREAS, the Display contains one dinosaur fossil of a horned skull considered to be
that of a Triceratops ("Specimen"), and
WHEREAS, the Display also contained a box of additional, associated fossil bones
situated in the drawer below the Display ("Additional Fossils"), and
WHEREAS, the Specimen and Additional Fossils were discovered on the Mapelli
Family's Seven -Cross Ranch near Briggsdale, Weld County, Colorado, in 1982, and
WHEREAS, from 1986 to 2011 the Display was showcased in the lobby of the Weld
County Centennial Center, 915 10th Street, Greeley, Colorado, and
WHEREAS, since 2011 the Display has been showcased in the lobby of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado, and
WHEREAS, the Display is now in need of repair after being viewed by thousands of
visitors to the two County administration buildings for the past 33 years, and
WHEREAS, scientists from DMNS recently reviewed the Specimen and Additional
Fossils and have reason to believe that they may potentially be related to Eotriceratops, which
lived millions of years prior to Triceratops, making the Specimen and Additional Fossils
extremely rare and valuable to the study of Paleontology, and
WHEREAS, DMNS has the personnel, facilities, and connections available to identify,
study, and clean the Specimen and Additional Fossils at no cost to Weld County, and
WHEREAS, this Agreement will provide educational opportunities for Weld County's
citizens and result in the return of a cleaned and restored Specimen and Additional Fossils for
indefinite long-term showcasing to allow viewing by the public in Weld County's Administration
Building in compliance with the original condition of donation by the Mapelli Family.
Page 1 of 4
2019-5179
DocuSign Envelope ID: 042D0108-31 CC-419C-A11E-1D9BEEAAF27D
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: By execution of this agreement, the County hereby irrevocably transfers, and
DMNS takes possession of any and all ownership interests in the Display, Specimen and
Additional Fossils to DMNS. DMNS will hold the Specimen and Additional Fossils on
behalf of the State of Colorado and acts as the State's designated repository for
paleontological resources. DMNS shall clean and catalog the Specimen and Additional
Fossils and then loan them back to Weld County, together with a display as set forth
below. The loan shall have a set term and be consistent with the terms and conditions of
the original donation. Curation and maintenance of the Specimen and Additional Fossils
will continue after the Display is returned to Weld County. DMNS anticipates that the
Specimen and Additional Fossils will remain at the DMNS facility for approximately 10-
12 months for study, cleaning and restoration.
2. DMNS AGREES:
a. To transport the current display to the Museum's facility and there remove the
Specimen and Additional Fossils for study by DMNS scientists.
b. To take possession of the Specimen and Additional Fossils and catalog each piece for
inclusion into DMNS's permanent collections as the repository for the State of
Colorado.
c. To insure the Specimen and Additional Fossils while on site at DMNS facilities.
d. To clean, restore and remount the Specimen and/or Additional Fossils into the display
case (or appropriate alternative) using the talents of a paleoartist that accurately
represents DMNS scientific findings.
e. To perform the tasks of study, cleaning, restoration and remounting of the Specimen
in a room at the Museum which allows the public to view. DMNS will display a sign
provided by County, subject to DMNS approval as to size and location, which
explains where the Specimen was found, its donation by the Mapelli Family, and the
work being done by DMNS.
f. To offer "behind the scenes" tours of the rooms in the Museum where the work is
taking place by Weld County school groups of 10-15 persons in size during the time
the Specimen and Additional Fossils are at DMNS, subject to DMNS scheduling and
occupancy protocols. Tours will be coordinated with the DMNS Department of Earth
Sciences staff and scheduled by the Earth Sciences Business Support Specialist at
least 2 weeks in advance.
g. To perform the work described herein without cost or expense to County.
h. To loan and transport the cleaned and restored Specimen and Additional Fossils to
Weld County's Administration Building for long-term showcasing.
Page 2 of 4
DocuSign Envelope ID: 042D0108-31 CC -419C -A11 E-1 D9BEEAAF27D
i. To provide continued curation and maintenance of the Specimen and Additional
Fossils while on loan to Weld County.
3. COUNTY AGREES:
a. To transfer possession of the Specimen and Additional Fossils to DMNS as the
repository for the State of Colorado. The State of Colorado owns the Specimen and
Fossils. At the conclusion of DMNS' study and work, the County shall execute a loan
agreement with DMNS on behalf of the State of Colorado prior to transportation of
the Specimen and Additional Fossils from DMNS to Weld County.
b. To allow DMNS access to the Display, Specimen and Additional Fossils while at the
County and in perpetuity.
c. To provide a secure place in Weld County's Administration Building for showcasing
and to provide insurance coverage for the Specimen and Additional Fossils while
these items are located in Weld County.
4. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto,
constitutes the entire Agreement between the parties hereto with respect to the subject
matter herein, and shall be binding upon said parties, their officers, employees, agents
and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors ands assigns of said parties.
5. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in the Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be incidental beneficiary only.
6. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, 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 hereto.
7. MODIFICATION AND BREACH: This Agreement contains the entire Agreement and
understanding between the parties to this Agreement and supersedes any other
Intergovernmental Agreements concerning the subject matter of this transaction, whether
oral or written. No modification, amendment, notation, renewal, or other alteration of or
to this Intergovernmental Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties. No
breach of any term, provision, or clause of this Intergovernmental Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by any party hereto, or
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DocuSign Envelope ID: 042D0108-31 CC-419C-A11E-1D9BEEAAF27D
waiver of, a breach by any other party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
8. NOTICES:All notices required herein shall be mailed via First Class Mail to the parties
at their addresses set forth above. Each Party shall appoint a representative as a point
person for this Agreement and provide the other Party with contact information for its
representative.
9. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this
Agreement 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
of the day and year first hereinabove written.
ATTEST: dj,, f Jt0'OARD OF COUNTY COMMISSIONERS
WEL 1 ' 1 UNTY Clerk to the Board WELD COUNTY, COLORADO
By:
(Deputy) I!erk t
01
Mike Freeman, Pro-Tem DEC 3 ® 2019
STATE OF COLORADO, by and on behalf of
the DENVER MUSEUM OF NATURE AND
SCIENCE
e--DocuSigned by:
By: atI tri, S.
tdWaitTelibli
DMNS Treasurer,V.P. of Finance and
Operations
Denver Museum of Nature and Science
Page 4 of 4
c?2o/9 /79
RE: AGREEMENT FOR STUDY, CLEANING, CASTING AND REDISPLAY OF RARE
HORNED DINOSAUR FOSSIL - DENVER MUSEUM OF NATURE AND SCIENCE
APPROVED AS TO SUBSTANCE:
-dXuZJ,tj:
Elected Official or Department Head
APPROVED AS TO FUNDING:
d
Controller
County Attorney
APPROVED AS TO FORM:
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bruce Barker
Thursday, December 19, 2019 2:35 PM
CTB
Jennifer Finch
Agenda Item for December 30th Agenda
WeldCountyDMNS_PartiallyExecutedAgreement_18Dec2019.pdf
I wrote this agreement at the direction of the BOCC. OK for approval by BOCC. Please place on December 30th
agenda. Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
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