HomeMy WebLinkAbout20182356.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR USE OF FACILITIES AND AUTHORIZE CHAIR TO
SIGN - UNIVERSITY OF NORTHERN COLORADO (UNC)
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 Use of Facilities
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 Human Services, and the
University of Northern Colorado (UNC), commencing July 31, 2018, and ending 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 Use of Facilities 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 Human Services, and the University of Northern Colorado (UNC), 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 23rd day of July, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datt/L) �• �CO��
Stele Moreno, Chair ,i i
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APP D
ounty Attorney
Date of signature: 08 /3'/'
Mike Freeman
AA
rbara Kirkmeyer, ro-Tem
Sean P. Conway
EXCUSED
Julie A. Cozad
cc: .Isv 9��ri8
Or_ 60(4. /ate/r8
2018-2356
HR0089
Cor‘i-racl- lb4-195,1
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 10, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Employment Services Agreement for Use of
Facilities with the University of Northern Colorado
(UNC) Campus Recreation
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Departments' Employment Services Agreement for Use of
Facilities with the University of Northern Colorado (UNC) Campus Recreation. The Weld
County Youth Conservation Corps (WCYCC) is purchasing a 4 -hour adventure based
educational session at the UNC Ropes Course for the purposes of team building and socialization
skill development for 24 participants from T.I.G.H.T. and AmeriCorps. The fee is $20.00 per
participant for a total cost of $480.00, which will be paid for with T.I.G.H.T. and AmeriCorps
funds. The session is scheduled for July 31, 2018, 8:30 a.m. to 12:30 p.m.
WCYCC has participated in this activity annually for many years, but this is the first year UNC
has required an agreement for use of the facilities, proof of insurance, and a signed waiver for
each participant.
I do not recommend a Work Session. I recommend approval of this Agreement and required
documentation.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Approve Schedule
Recommendation Work Session
Other/Comments:
2018-2356
Pass -Around Memorandum; July 10, 2018 — ID 1951 Page 1
CAMPUS RECREATION
AGREEMENT FOR USE OF FACILITIES
This Agreement is made and agreed to by and between the Board of Weld County of County Commissioners, on behalf of
the Weld County Youth Conservation Corps. 315 N. 11th Avenue, Greeley, Colorado 8O631, hereinafter referred to as
"USER", and the State of Colorado acting by and on behalf of the Board of Trustees of the University of Northern Colorado
for the use and benefit of Campus Recreation. Campus Box 62, with a mailing address of 5O1 2Oth Street, Greeley.
Colorado 8O639, hereinafter referred to as "UNC",
EVENT DESCRIPTION
Purpose of Event
Event Date(s) and Tlme(s):
A 4 hour adventure -based educational session at the UNC Ropes Course facilitated by
UNC's Department of Campus Recreation
July 31st, 2O18 @ 8:3O am 12:3O pm
Number of Participants: $2O X 24 = $480.00
Additional Services:
SUMMARY OF AGREEMENT TERMS & CONDmoNS
Terms: See Exhibit A for Terms & Conditions and Exhibit B for Rules and Policies Governing Use of University Facilities by
Outside Groups and Organizations
Deposit. USER shall deposit with UNC, upon delivery of this Agreement signed by USER. the sum of $1OO payable to the
University of Northern Colorado. If event is cancelled within 3O days of reserved date, the deposit is not refundable.
Payment: USER shall pay UNC, at the time of service, the total Fees minus any Deposit paid for each Event and for any
Spacests), Equipment. Participants. and Additional Services that were used by USER including but not limited to, gyms,
athletic fields, risers, security. parking permits, audio-visual equipment. USER staff lodging, meals, and early and late
arrivals for housing.
Fees: $ 480.00
Additional fees may be charged for Space(s), Equipment, Additional Participants, and Additional Services arranged after
the execution of this Agreement
Signature of Individual authorized to enter into this Agreement on behalf of USER: I hereby attest that as the representative of
, I am authorized to enter into this Agreement. and agree to all its terms and conditions, Additionally. I agree
to abide by all of the rules and policies governing the use of University of Northern Colorado facilities and properties as described
on pages 2 throug 4 including
otthheers that may be adopted by the University in the future JUL 2 3 2318
Steve Moreno
Signature:
Title: Chai r _ Date:
FEIN: R4—bpnn—A1
For UNC: State of Colorado, Joh lc • No • per, Governor; Acting by and on behalf of the Board of Trustees of the University Of
Northern Coloreds Of �p . Re eation
Signature
Title Qtr
Name jty.p_j_nggs
FEIN: $4.60000546
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EXHIBIT A
TERMS AND CONDITIONS
CANCELLATIONS
In the event of not having indoor space available, programming will be cancelled for ram, snow, wet conditions, thunder,
lightning, and/or tornado. If the course is cancelled due to weather, an attempt to reschedule will be made but cannot be
guaranteed.
For all non -weather related cancellations, UNC Outdoor Pursuits should be contacted as soon as possible. The $100
deposit is refundable up to 30 days prior to the reserved date. If a cancellation notice is received within 30 days of an
event, the $100 deposit is becomes nonrefundable
FORMS
Completed waivers and health and accident forms are required. All forms must be read. understood, and signed by each
participant. If a student is under the age of 18 years old, a parent/legal guardian must read, understand, and sign the
required forms for the participant. These forms must be turned in before beginning the ropes course programming.
Individuals without forms will NOT be allowed to participate in any activity offered by a UNC Ropes Course Staff. There will
be NO exceptions.
GUARANTEES
A guarantee of ropes course participants is due from USER 7 days prior to the scheduled start date on the ropes course.
The guarantee shall state the number of participants who have registered for the event, signed the participant waiver and
are expected to attend. It will be used to formulate staff schedules and is the minimum billable amount for the ropes
course. NOTE: A minimum of 8 participants is required for all groups.
Every attempt will be made to accommodate groups with more than 8 participants over the guaranteed number of
participants: however. UNC cannot guarantee staff availability for groups with more than 8 participants over the guarantee.
The ropes course event will be billed according to the guaranteed or actual number of participants, whichever is greater.
INSURANCE COVERAGE
All groups are required to provide a certificate of liability insurance. Please see Exhibit B for specific requirements.
LATE ARRIVALS
Groups must arrive at the UNC Ropes Course on time. Please arrive 15 minutes prior to the start of programming.
Programs will be canceled if less than 8 participants have not arrived by 15 minutes past the program time. Late
participants will not be allowed to participate in programming. To prevent cancellation. contact UNC Outdoor Pursuits to
request a program time change at least two days in advance. All time changes are subject to availability
EXHIBIT B
RULES AND POLICIES GOVERNING USE OF UNIVERSITY FACILITIES
BY OUTSIDE GROUPS AND ORGANIZATIONS
I. USER RESPONSIBILMES
A. INSURANCE USER shall direct its insurerts) to provide a certificate of liability insurance naming the University of
Northern Colorado as additional insured, with the coverages and amounts stated below. such coverages to be in
effect at all times relevant to the Event. Such certificate shall be provided to UNC's Campus Recreation Department
no later than five I5) days prior to the date of the Event, as follows:
Page 2
Minimum coverage shall be:
Bodily Injury
Property Damage
$150,000 each person
$1,000,000 per accident
$1,000.000 per accident
Standard Workers Compensation and Employers Liability as required by State statute, including occupational
disease. covering all USER's employees on or Off the work site, acting within the course and scope of their
employment.
Initials:
020/1- c 2,S a.(1)
B. INDEMNITY
"Without waiving sovereign immunity. USER shall be responsible for the negligent acts or omissions of its
employees, officers and/or agents in the performance of this Agreement."
C. WAIVERS AND HEALTH & ACCCIDENT FORMS: USER shall provide signed and completed waivers and health and
accidence Insurance forms for each participant at the time of seMce.
D. PAYMENT POLICY. USER shall pay UNC, at the time of service, the total Fees minus any Deposit paid for each Event
and for any Spacesls), Equipment. Participants. and Additional Services that were used by USER including but not
limited to, gyms, athletic fields, risers. security, parking permits, audio-visual equipment. USER staff lodging, meals,
and early and late arrivals for housing.
E. CANCELLATION USER will forfeit $100 deposit unless written notice cancellation is received by the UNC's Campus
Recreation Department from USER at least 30 days prior to the date of the Event.
F. DEFACEMENT, DAMAGE TO PROPERTY USER hereby assumes full responsibility for all acts of all persons using the
facility(sl and hereby agrees to reimburse UNC for any and all damages to such facility(s), space and equipment
utilized pursuant to this Agreement (normal wear and tear excepted). All damages will be billed to the USER. USSR's
representatives are invited to participate in the inspection for damages before and after the time covered by this
Agreement. UNC assumes no responsibility for accidents and/or loss of property incurred by the USER or USER'S
guests.
G. DISRUPTIVE BEHAVIOR UNC reserves the right to eject or cause to be ejected from the facility(s) and space any
person or persons causing disruptive behavior, and neither UNC nor any of its officers, representatives or employees
shall be liable to the USER for any damages that may be sustained by USER through the exercise by UNC of
such right.
II. HEALTH AND SAFETY USER agrees to comply with all reasonable requests UNC and its UNC officers or representatives
regarding health and safety of persons in or around the facility(s). USER shall be responsible for conducting criminal
background checks on each employee and agent of USER who will be present on UNC premises with respect to the Event
and will maintain records containing the results of all such current criminal background checks for inspection and review
upon request by UNC. For the purposes of these Rules & Policies. 'Current criminal background chock" means a criminal
background check conducted within two (2) years prior to the date on which the Event commences/occurs. USER shall
comply with all state and federal statutes and UNC policies and regulations. in effect at the time of the Event, concerning
health. safety and public order which are applicable to the faculty(g) and the Event. Further information regarding each
facility can be obtained from the UNC'S Department of Conference and Event Services at 970.3512010.
III. AGREEMENT REPRESENTATIVES • USER shall appoint a contact person, who is the only authorized representative to
make arrangements and financial commitments with UNC regarding the Event. All such arrangements shall be made
through UNC's representative. who shall be a member of the UNC's Campus Recreation Department. It is agreed that
both representatives shall be informed and kept up to date on pertinent matters in order to ensure maximum
cooperation and effective operational support.
IV. PETS. No pets are permitted in or on UNC's facilities. However, in compliance with the Americans with Disabilities Act,
specially trained animals will be allowed on campus only if UNC's Campus Recreation Department is notified and
provides written approval no later than three days in advance of each event.
V NONDISCRIMINATION: Both parties agree to conduct their activities in compliance with applicable federal. state and
local nondiscrimination laws.
VI ALCOHOLIC BEVERAGE POLICY USER shall be responsible for observing the State of Colorado laws, and UNC's policies,
rules and regulations relating to the consumption of alcoholic beverages.
VII. CANCELLATION FOR LACK OF FUNDING. This Agreement may be canceled by UNC without any further obligation on the
part of UNC if sufficient appropriated funding is unavailable to assure full performance with the terms of this Agreement.
USER shall be notified in writing of such insufficient appropriation.
VIII GENERAL PROVISIONS.
A. This Agreement constitutes the entire agreement between the parties. No prior written or oral commitments
regarding the subieCt matter of this Agreement shall be binding on either party All subsequent agreements
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020/I- 02356 6)
specifying the additional information called for in this Agreement must be furnished in writing and signed by the
parties
B In an emergency, UNC reserves the right, in its sole discretion, to change facility assignments to a comparable
facility, if possible
C Both parties mutually agree that either party may cancel this Agreement Each party agrees to release the other
party from any liability or damages if either party is unable to fulfill the terms of this Agreement due to Acts of God
or any other legitimate conditions beyond the control of either party The parties agree to use their best efforts to
perform as described in this Agreement
D This Agreement shall be governed by the laws of the State of Colorado it is agreed by both parties that venue for
any civil action between the parties arising out of this Agreement shall be in the courts situated in Weld County,
Colorado
E Any waiver by either party of any term or provision of this Agreement shall not constitute a waiver of any other
provision of this Agreement or a waiver at any later time
F Both parties warrant that each signatory to this Agreement possesses the legal authority to enter into this
Agreement and that he/she has taken all actions required by its procedures, by-laws, and/or applicable law to
exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind
each party to its terms
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