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Eagle County Healthy Aging Facility Rental Agreement DocuSign Envelope ID:5FCA9DD7-85AB-4FB0-89E1-6143651A8D80 oardDocs®Plus EAGLE COUNTY Agenda Item Derails M eeting Jan 01, 2050 - *****Signature Workflow***** Category B. County Manager Subject 58. Avon Rec Facility Rental Agreement. EC H mlthy Aging Access Public Type Action Preferred Date D ec 16, 2021 Absolute D D EC 20, 2021 Fiscal Impact Yes D dlar Amount 2 ,600.00 Budgeted Yes Budget Source 1200-515-6142 Recommended Action C ounty M anager signature G cals G cal 5. Eagle County is a H gh-Performing Organization G cal 2. Eagle County is a G reat Place to Live for All Public Content Prepared B y. Carly Rietmann Department: Public H aalth and Environment Executive Summary: This agreement gives us the ability to host older adult programming every M cnday at the Avon Recreation Center. 0 n these days w e offer an exercise class followed by coffee and snacks, giving our older adults in the Avon area an additional day to come together to socialize and exercise. Renewing Attorney: Matt Peterson Approved As r—DocuSigned by: To Form: tlA _1L P.L .sOvu • B cCC signature?: No %.—FA236OD123414FE... • County Manager signature?: Yes A dmi nistrative Content https://go.boarddocs.com to/eagleco/Board.nsf/Private?open&login# 1/2 DocuSign Envelope ID:5FCA9DD7-85AB-4FB0-89E1-6143651A8D80 A A��// FAvon Recreation Center acility Rental Agreement COLORADO 1.0 PARTIES. The parties to this agreement ("Agreement") are the Town of Avon, Colorado, a Colorado home rule municipality ("Town") and Eagle County Healthy Aging ("Renter"). This Agreement is effective upon execution by the Renter and following execution by the Town Manager on the date indicated below. 2.0 FACILITY USE. The Town hereby rents to Renter the use of the West Studio Room at the Avon Recreation Center, located at 90 Lake Street, Avon, CO ("Facility") for the purposes of conducting Senior programming for the Eagle County Healthy Aging in accordance with the following schedule: Mondays, 10:15am-12:15pm, excluding major holidays Any other dates and times, or changes for facility rental must be submitted in writing to the Recreation Department two weeks prior to desired use. 3.0 TERM. This Agreement shall commence on January 10`h, 2022 and shall expire on December 26'h, 2022. 4.0 PAYMENT. Rental payment shall be $50 per hour. An invoice will be sent to Eagle County Healthy Aging and payment will be due within 30 days of receipt. 5.0 INSURANCE. Renter shall maintain commercial general liability coverage providing primary bodily injury and primary property damage coverage with a combined single limit of at least $1,000,000 and a deductible of not more than $1,000. Such insurance shall provide that it may not be cancelled without thirty (30) days prior written notice to the Town. Renter shall cause Town to be named as an additional insured and shall provide Town with evidence, acceptable to Town, that the required insurance is in full force and effect. 6.0 ADDITIONAL REQUIREMENTS. 6.1. Renter has inspected the Facility and accepts the Facility in such condition at the commencement of the Agreement. 6.2. Renter shall immediately report to the Town any observed hazards, dangerous conditions, or other conditions that may pose a risk of personal injury. 6.3. Town reserves right to enter, at any time, to enter the Facility to review Renter's actions and conduct and/or any other reasonable purpose. Avon Facilities Rental Agreement Eagle County Healthy Aging I January 2022—December 2022 Page 1 of 2 DocuSign Envelope ID:5FCA9DD7-85AB-4FB0-89E1-6143651A8D80 6.4. Renter shall be responsible for the conduct and control of participants; to ensure that all Federal, State, County, Municipal, and other applicable regulations are followed; and to ensure that participants understand the pools rules. 7.0 INDEMNITY: To the fullest extent permitted by law, Renter shall indemnify, defend and hold harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of this Agreement or related to the activities permitted in this Agreement. 8.0 TOW N UNILATERAL TERMINATION. Town or Renter may terminate this Agreement without cause upon delivery of written notice to the opposing party at least seven (7) days prior to the effective date of termination or may terminate this Agreement immediately upon delivery of written notice if the opposing party fails to comply with or perform any term or condition of this Agreement. 9.0 ASSIGNMENT. This Agreement shall not be assigned by the Renter and any assignment without the prior written consent of the Town shall be void. 10.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. 11.0 W AVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 12.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. TOW NOF AVON: ,—DocuSigned by: r—DocuSigned by: By: A ttest: bvt taa. t v'v't,s Eric 1-ei-VFowriuMaciager Brenda Thrres?gewicrelerk Eagle County Healthy Aging: 1—DocuSigned by: By: jt-ff Sbxou, Jeff S\Tralrettitly4Manager Avon Facilities Rental Agreement Eagle County Healthy Aging I January 2022—December 2022 Page 2 of 2 DATE(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE 12/30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nathan Katnoi Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 6300 South Syracuse Way Suite 700 (A/C,No,Ext): 3038892532 (A/c,No): Centennial CO 80111 ADDARESS: Nathan_Kathol@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 25658 INSURED EAGLCOU-04 INSURER B: Eagle County, Colorado P.O. Box 850 INSURER C: 500 Broadway INSURER D: Eagle CO 81631 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:927877165 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL S WUBR POLICY EFF POLICY EXP NSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ZLP91N37268 1/1/2022 1/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $300,000 MED EXP(Any one person) $Excluded PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Use of Avon Recreation Center for older adult specific programming in partnership with Eagle County Healthy Aging on Mondays. Certificate Holder is an Additional Insured as respects General Liability policy,pursuant to and subject to the policy's terms,definitions,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Avon Recreation Center ACCORDANCE WITH THE POLICY PROVISIONS. Town of Avon _ PO Box 975 AUTHORIZED PRESENTATIVE Avon, CO 81620 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD