HomeMy WebLinkAbout20171891.tiff4
Lelau
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
June 20, 2017
To: Board of County Commissioners
From: Toby Taylor
Subject: Stampede Parking Lot Use — Salida Del Sol Academy
This agreement is for the use of the Weld County South parking lot located at 315 North 11th Avenue,
Greeley. Salida Del Sol Academy wishes to use the parking lot for a fund raiser during the Greeley
Stampede.
Buildings and Grounds is recommending approval of this agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
CG: ig&(T7/S&)
2017-1891
WELD COUNTY AGREEMENT FOR USE OF PROPERTY
BETWEEN WELD COUNTY & SALIDA DEL SOL ACADEMY
GREELEY STAMPEDE PARKING FUNDRAISER
THIS AGREEMENT is made and entered into this _16 day of_June _, 2017, 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 _Salida Del Sol Academy__, who whose address is 111 E. 26th Street in
Greeley , hereinafter referred to as "Contractor".
WHEREAS, County has space available for parking during the Greeley Stampede, and
WHEREAS, Contractor is a properly registered and organized non-profit organization, and
WHEREAS, Contractor is in need of fundraising opportunities.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. Use of County Property. County hereby grants to Contractor the right to temporarily occupy County
Property at the Department of Human Services Parking Lot during the Greeley Stampede. Such temporary
occupancy shall be only in the areas designated by County, in its sole discretion, and in accordance with
the following rules:
a. To keep the County Property clean and neat. To remove all trash, equipment, and
other items generated or used in the course of this event no more than two (2) days after
the event.
b. To enter and exit County Property at the locations designated by County.
c. To provide County with proof of the insurance coverage.
d. To vacate County Property at the end of the term of this Agreement.
2. Term. The term of this Agreement shall be from the date of signature hereunder until the date such
temporary occupancy is no longer necessary, in any event being no later than July 2nd , 2017.
3. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a
material breach of the terms of the Agreement.
4. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties.
5. Compensation/Contract Amount, The County will not charge Contractor for use of the property.
6. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits
from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder
as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Contractor or any of its agents or employees,
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7. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written consent, which may be
withheld in County's sole discretion.
S. Insurance and Indemnification. Contractor acknowledges that his or her participation in the Non -Profit Fair
carries with it certain risks of injury, damage, or other loss. With complete understanding of the risks of participation,
CONTRACTOR hereby voluntarily releases and agrees to hold harmless and indemnity, on his or her own behalf and
on behalf of his or her heirs, successors, and assigns, the County of Weld and its employees, officers, agents, and
volunteers; the Board of County Commissioners of the County of Weld; (the "Releasees"), from any and all claims
and liability, past, present, or future, for any injury or damage to CONTRACTOR, or to his or her property, resulting
from any cause whatsoever occurring in the course of the Non -Profit Fair, excepting only such injury or damage
resulting from the willful and wanton acts of the Releasees. The CONTRACTOR also agrees to hold harmless and
indemnify the Releasees from any and all claims and liability, past, present, or future. fix any injury or damage to
third parties, resulting from the acts of the CONTRACTOR occurring in the course of the Non -Profit Fair.
CONTRACTOR agrees to purchase and maintain all necessary insurance related to participation in this event.
9. Types of Insurance. The Contractor shall obtain, and maintain at all times during the teen of any
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability
insurance covering all of the Contractor's employees acting within the course and scope of
their employment. Policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver fornn.
Commercial General Liability Insurance with tieminimum limits as follows:
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
$5,000 Medical payment one person
Automobile Liability: Contractor shall maintain limits of$1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 forproperty damage applicable to all
vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -
owned vehicles used in the performance of this Contract.
Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability,
liquor liability, and inland marine, Contractor's insurer shall name County as an additional
insured.
10. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
11. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
12. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established.
13. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons for projects of the same or similar nature.
14. Sevcrability. 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.
15. 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.
16. No Third Party Beneficiary. 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 this 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 an incidental beneficiary only.
17. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this _I 6th day of
_June_., 2017.
CONTRACTOR:
By:
Name: An
Title:
a
Date eC /tin F /lr, 2D1f—
ATTEST: v• Jdo;ei
Weld y C1_rk o he Board
BY:
Deputy Cie ' to a Boa
APPROVED AS TO FUNDING:
Conti
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie Cozad, Chair 2 6 nf
APPROVED AS TO SUBSTANCE:
Elected'C5fficial or Department Head
020 / 7- /19/
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