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RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF PROPERTY AND AUTHORIZE CHAIR TO
SIGN - RMLEA
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 Property
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 Building and Grounds, and
RMLEA, commencing upon full execution of signatures, and ending July 2, 2015, 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 Property between the County of Weld, State of
of County Commissioners of Weld County, on behalf of the
Colorado, by and through the Board Y
9
Department of Buildings and Grounds, and RMLEA 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 20th day of July, A.D., 2015, nunc pro tunc July 1, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: �s• . Lo��,� �� `��
arbara Kirkmeyer Chair
Weld County Clerk to the Board
� n Mike Freeman, Pro-Tem
BY: fiqqt )
TOuty Clerk to the B12(04,lko
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1 '����"�►� Sean P. Conway
APPR• , S TO
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�? 1 `® �,� teve Moreno
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Date of signature: u ♦ ` ��
2015-2180
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WELD COUNTY AGREEMENT FAIR USE OF PROPERTY
BETWEEN WELD COUNTY& �KLek
GREELEY STAMPEDE PARKING FUNDRAISER
THIS AGREEMENT is made and entered into this rirday of , 2015, 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 R M L p4 , who whose address is
14.s i ';o 144 j3,t..y 'y Ih,ge.I a. ,C-p 24,1,E ,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
' u ! 'a- ,2015.
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.
2015-2180
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.
8. 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 indemnify,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,for 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 term 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 form.
Commercial General Liability Insurance with the minimum 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 for property 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. 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.
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 s! day of
•��.,a )A ,2015.
CONTRACTOR
12 W1Lc 4 1=04.0‘ Zoe- ) 14o44,vilie4 LjIq 4--r-C14
By: 1-UK.CAQ W VZA !\A Date `1-1 — k5 \ .
Name: L\ C-1 W Ith LW
Title: p apisA Dru.1t
STAFF APPROVALS FOR AGREEMENT FOR USE OF PROPERTY- RMLEA
ATTEST: W/ ) G. video `c BOARD OF COUNTY COMMISSIONERS
Weld • n Clerk to the B ,ard W D COUNTY, CO ORADO BY: eputy C k t• the =�- � ♦ -rbara Kirkmeye , Chair ` = 0 2015
ism
OVED AS Tp Fe ' N '� �1APPROVED AS TO SUBSTANCE:
44CLAaalt
Controller =!r'"' Elected icial or Department Head
AP ROVED AS T ORM: N IA
Director of General Services
County Attorney
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