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Home My WebLink About24-20 Approving an Athletic Fields and Faciliities Use and Fees Carbon Valley Parks & Recreation District 02-14-2024RESOLUTION NO.24-20 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING AN ATHLETIC FIELDS AND FACILITIES USE AND FEE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE CARBON VALLEY PARKS AND RECREATION DISTRICT WHEREAS, the Town of Firestone ("Town") and the Carbon Valley Parks and Recreation District ("District") desire to set forth the terms, conditions and fees for the District's use of the Town's Athletic Fields and Facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and the Carbon Valley Parks and Recreation District for the District's use of the Town's Athletic Fields and Facilities and the fees associated with such use is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 14 day of February, 2024. TOWN OF FIRESTONE, COLORADO rPiil n terson, Mayes ATTE T: iri a M4onzalez., Interim Town Clerk APPROV D AS T ORM: William ayashi, wn Attorney TOWN OF FIRESTONE ATHLETIC FIELDS AND FACILITIES USE AND FEE AGREEMENT THIS AGREEMENT FOR USE OFAND FEES FOR THE TOWN OF FIRESTONE'S ATHLETIC FIELDS AND FACILITIES (the "Agreement") is made and entered into this 141 day of February, 2024 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the 'Town"), and CARBON VALLEY PARKS AND RECREATION DISTRICT, a Colorado statutory Special District with a principal place of business at Colorado ("District ") and provides services as follows PURPOSE A. This Agreement is to set forth the terms and conditions of the parties use of Town -owned fields and facilities until the parties enter into an Intergovernmental Agreement replacing the one entered into by the parties in 2015, which expired on December 31, 2019. B. This Agreement will encourage and promote recreational programs and facilitate the responsible use of Town -owned fields and facilities, outline the procedures and provide priorities for the use of Town -owned fields and facilities. it. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date and expire twelve months after the original signing date unless renewed or terminated as provided herein. B. The Parties may as agreed upon in writing renew the Agreement for a designated term and conditions. Either Party may terminate this Agreement with or without cause upon 30 days of written notice to the other party. III. SCOPE OF AGREEMENT A. This Agreement shall set forth the Parties' duties concerning the use, management, maintenance, and operation of Town -owned fields and facilities listed in Exhibit A, Town -Owned Fields and Facilities, which is incorporated herein. The Town shall maintain Town -Owned Fields and Facilities Maintenance Standards. IV. ALLOCATION OF FIELD USE A. Specified uses for each field and facility is set forth in Exhibit A, Town -Owned Fields, and Facilities B. The Town shall be responsible for the scheduling and use of the fields and facilities and shall have first priority with the District having second priority and Third Party users having the third priority. The District shall prior to each calendar year provide the Town its site -use and date requests for local youth programs and tournaments and the Town shall strive to schedule such requests for the District. The District shall also provide the Town with monthly updates that include information on the District's current and planned usage requests, The Town shall use its best efforts to advise and update the District of the Towns planned uses for each calendar year by the preceding October. C. The Town shall have the authority to deny the use of facilities for such activities that are judged inappropriate to the designated uses and purposes. 1 FIRESTONE V. OPERATION AND RENTAL FEES --Fees Fees for the use of the facilities shall be set forth as incorporated in Fees Exhibit B, which includes fees for Practice, Games, Tournaments, and Adult Leagues by location. VI. JOINT USE -FOR TOWN -OWNED PROPERTIES A. Any concessions operated at District events shall obtain permits required by the Town and any other required sales tax or applicable licenses or permits from any jurisdictional government entity. B. The District may, during it's use at no cost to the Town, arrange and be responsible for the placement, operation, maintenance, upkeep, and removal of port -a -lets at Town -owned field or facility facilities.. The District shall coordinate with the Town, and the port -a -lets shall be placed in locations designated by the Town. i. Weather -dependent Town restroom facilities may be available between May 1 and October 1. C. The District shall provide a site supervisor for all District Uses at no cost to the Town. I. The site supervisor and or volunteer shall be an employee or contractor of the District. ii. The site supervisor shall be responsible for lockinglunlocking Fields or Facilities, trash pick-up, and general maintenance after each use. Ill. The site supervisor and other District employees or contractors shall be easily identifiable during District functions conducted on Town -owned Fields or Facilities. iv. The District shall be solely responsible for the hiring, supervision, and evaluation of the site supervisor(s) v. No employment relationship, express or implied, shall exist between the Town and such persons. VII. MAINTENANCE STANDARDS A. The Town shall provide for general maintenance of its Fields and Facilities, including mowing, watering, fertilization, grading of infield as needed and weeding. B. Field Maintenance Dates *Weather Permitting a. FALL -Grass Fields Closed for Maintenance beginning the week of Thanksgiving b. SPRING- Open for Play first week of March *weather pending* C. The Town will maintain grass at heights the Town deems appropriate for the Fields use and condition. D. The District will protect all turf by adhering to the following field guidelines: a. Where the grass is sparse or the field is worn badly or the ground is saturated play will be limited or prohibited. b. NO SNOW REMOVAL WILL BE PERMITTED c. There shall be no play on frost -covered fields; the games shall be delayed until fifteen minutes after the frost has melted. d. Games shall be scheduled after9:30 am before April 15th and after October 14th to minimize frost delays. e. In case of unusable conditions, athletic fields will be closed. f. Whenever weather conditions exist that will damage any field all games will be postponed. Vill. INSURANCE A. District agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the District pursuant to this Agreement. At a minimum, the District shall procure and maintain. It shall cause any 2 FIRESTONE third party to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 for each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations. It shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages under the policies shall not be canceled, terminated, or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carded by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by the district. The District shall be solely responsible for any deductible losses under any policy. C. The District shall provide to the Town with a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. IX. INDEMNIFICATION The District agrees to the extent required by law to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses, and demands, including allomey fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or another fault of the District, any subcontractor of the District, or any officer, employee, representative, or agent of the District, or which arise out of a worker's compensation claim of any employee of the District or of any employee of any subcontractor of the District. X. MISCELLANEOUS A. Governing Law °and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No .Waiver. Delays in the enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of this Agreement. C. Integration. This Agreement constitutes the entire Agreement between the Parties, superseding all prior oral or written communications. D. Third.Parties. There are no intended third -party beneficiaries of this Agreement. FIRESTONE E. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severabili . If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written Agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Govemment6l1mmUhIN. The Town and the District its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. ;Sribtect'to,Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, by the Board of Trustees shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Force Maieure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority,and orders of government or pandemics. M. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. &� 4 FIRESTONE In Witness Whereof, the Parties have executed this Agreement as of the Effective Date. ATTEST �Ty�..... • CI Miria Luna Gonzalez, Interim Town Clerk State of Colorado ) ) ss. County of VJ t i-b ) TOWN OF FIRESTONE, COLORADO Drew Alan Peterson, Mayor William P. Hayashi, Town Attorney CARBON VALLEY PARKS AND RECREATION DISTRICT By: The foregoing instrument was subscribed, sworn to, and acknowledged before me this 3 day of 0C,TOBFR 2023 by t)rAK) 2unr%mt'U as EXaEZ-L VEyieetTDttof P14Q85n� �/rl.i.E'1 ca�21L5 � Rt;t,Rr'Yt?i0n1. My commission expires: (Seal) KATELYN MARIE HYDE NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20224004843 MY COMMISSION EXPIRES FEB 4, 2026 r N aryP Ic FIRESTONE EXHIBIT A TOWN -OWNED FIELDS AND FACILITIES Firestone Sports Q 6850 Tilbury Avenue Ramey Park _. -- - — — 10245 Devonshire Street Hart Park 467 Jackson Avenue Jacob H Firestone Park 36 Grant Avenue Miners Park 170 Grant Avenue Mountain Shadows Park 11267 Carbondale Street l Neighbors Point Park 10140 Neighbors Parkway Onorato Park 125 Granville Ave. _ Site Amenities Pavilion 3 Diamond Field Playset Baseball Field Lights Restroom Batting Cage Open Turf ^Pavilion Site Amenities (3) Basketball Court Playset Volleyball Court Restroom Open Turf Site Amenities Pavilion (2) Volleyball Court Restroom Basketball Court Open Turf Disc Golf baskets 1 Diamond Field Site Amenities Pavilion Open Turf Site Amenities Pavilion Open Turf Horseshoe Pits Site Amenities Pavilion Multi -Purpose Field Playset Pump Track Portable Toilet Enclosure Bicycle playground Open Turf Disc Golf baskets Site Amenities Pavilion (3) Putting green Playset Workout stations Restroom Multi Purpose Synth{etieField Pavilion Basketball Court Playset Tennis Court_,.., Restroom Open Turf 6 FIRESTONE Patterson Park .Site Amenities 6572 Shenandoah Avenue Pavilion Volleyball Court Playset Open Turf _ Multi -purpose field Peninsula Park Site Amenities 4783 Lakeside Drive - _ Pavilion (4) Workout stations Playset Restrooms Open Turf Prairie Ridge Park Site Amenities 6440 St. VM!n Ranch Blvd ._ _ - Pavilion Playset Portable Toilet Enclosure Multi -purpose field Sagebrush Park Site Amenities 10645 Echo Street Pavilion (2) Basketball Court Playset Portable Toilet Enclosure Turf Settlers Park _Open Site Amenities 11445 Ebony Street Pavilion (2) 1 Diamond field Playset (2) Basketball Court Portable Toilet Enclosure Tennis Court Multi -_purpose field Pickleball courts Stoneddge Park Site Amenities 5104 Ruby Avenue Pavilion Playset Multi -purpose field Basketball Court 7 FIRESTONE EXHIBIT B 2023-2024 FEES use SOecaFedory 2023-2024 llnreidtiesT ype Aesideatfeet>Q t{ov-kesrcleM£ee� - P,aOay CUPRDYovth'Aaivides Neigh6crhoodPadc Al g _ g CVPRDAduhAcfivities NdghEdrhoudParl; Ak '. S 10=00 $- 15.00 $ 200.00 outhToumarrsrrt NeighbarhoodPark OpenTurf S 20.00 $ 25.00 S 150.00: BaskewBCourt S 15.00 $ 20.00. S 120.00 Volleyball Court $ 15.00 S 20.00 S 120.00 Tennis Couff $ 15.00 S 2D.00 S 120.00 MuI1FPurpase Field $ 20.00 S 25.00 S 150.00 Pump Track $ 30.00 S 35.00 S 210.00 Sicydeplayground S 20.00 S 25.00 S 150.00 Disc Golf Baskets- $ 10.00 $ 15.00 $ 90.00 hTaumamad Neigti6arhood Park -- Open Turf $ 20.00 S -25.00 S 150.00 BasketbdCourt S 15.00 S 20.00 S 120-00 Volleyball Court $ 15.00 S 20.00 $ 120.00 Tennis Court $ 15.00 S 20.00 S 120.00 MultWuMose:Feld $ 25.00. S 30.00 $ 180.00 PumpTrack $ 35.0o S 40.00 S 240.00 Bkyctepla/ground - _ - Ltisc Gaff baskets S 10.00 $ 15.0D S 90.00 CVPRDYouth.Acfivi5es FiestaneSparlsComplex 3 Fleldsl wbases S S S Temp Fence $ S - S field Lights $ 30.00 $ 30.00 $ 180.00 Batting Cage S - 8 S C+(PHIMAdukAcmkues FoestoneSporlsComplez 3F*J&Jvbases _ S S Tempfence $ S $ Field Lights $ 30.00 S 30A0 S 180.00 BatIDi e S g g _ Youth Tournament lErestone Sports Complex 3 leldslwbases $ 30.00 S 35.00 S 200.00 Te0tp.Fetice $ 10.00 $ 15.00 $ - 120.00 Field Lilitils $ 30.00 S 30.00 S 180.00 BattmgCage $ $ - $ 'lt7asnament Firestone Spans Complex 3.Flelds/w.bases $ 50.00 $ 55.00 8 200.00 Temp Fence S 15.00 S 20.00 $ 120.00 Field lights $ 30.00 S 30.00 S 180.00 Bathing Cage $ _ g Is FIRESTONE