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HomeMy WebLinkAboutPACKET Special Events Committee 1992-05-07AGENDA SPECIAL EVENTS COMMITTEE May 7, 1992 - 3:30 p.m. 1. Letter from Estes Park Business Association 2. Standard Horse Show Agreements Miniature Horse Show June 24-28 \:B. Paint Horse Show August 8 & 9 3. Scottish Festival - Jim Durward 4. Riverside Plaza Summer Useage 5. Sand/dirt work and/or clean up of stored fill material North side of fairgrounds. 6. Policy review for useage of fairgrounds by individuals or local groups, ie: 4-H, Trailridge Riders, etc. Review requested by local 4-H group. 7. Policy review of fairgrounds campground useage. 8. vStandard Agreement - Summer Bummer's Good Sam Group RV Rally June 26-28 9. Comments - Gary Klaphake, Linda Hinze, Bob Scott, Trustees ESTES PARK BUSINESS ASSOCIATION P. 0. BOX 4114 ESTES PARK, CO 80517 April 2, 1992 Ms. Linda Hinze Mr. Bob Scott Directors, Special Events Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Bob & Linda: The members of the Estes Park Business Association wish to express our gratitude for the efforts made by the Town and Romance of the Rockies for Valentine's Day and President's Day weekends. We also wish to congratulate you on the success of your efforts. As far as we know, all businesses realized an excellent week- end. This well -planned, nicely promoted and professionally managed weekend increased greatly the number of visitors into Estes Park, and nothing but favorable comments were expressed by them. Through efforts such as these and continued support and cooperation of all groups, organizations, and the town, our "shoulder" seasons should show very favorable growth. If we, as an organization, or individually, can be of assis- tance in future endeavors, please call on us. Again Thanks to all of your for a great weekend. A la Carte Antique Corner Beanblossom Ltd. Bobbi's Clothing Brownfields Leather Shop Browser Alley Buckwheats Natural Foods Candle Corner Carousel Shop Charles Limousine Circus Lapis Pewter by Shawn Ricker Bartlett Simply Christmas Hair Ball, Inc. Timberline Mechanical Sincerely, John M. Mutchler, Pres. E.P.B.A. Attic Enterprises Coffee Clown Country West City East Danish Cone Factory Edelweiss Haus Estes Park 5 & 10 Fall River Candle Gallery of the Winds Gracecraft Grannie Gingham Happy Texan Pioneer Gift Rocky Mtn Tops Blue Delft The Imprinter Ye Old Tin Shop Herzogs Hitching Post Handworks Intrigue Time n' Things La Place de Jo Laura's Candy Music Box Orr Cart Park Theatre Penelope's Plum Creek Seybolds Emporium Victorian Attic A. G R E F M J; N T THIS AGREEMENT, made this] ,-, 199 , hy and day of,�� between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, WHEREAS, shows at Estes referred to as hereinafter set for the use as party of the first part, and as party of the second part, W I T N E S S E T H: the second party desires to hold a horse show or. Park Fairgrounds at Stanley Park, (hereinafter Stanley Park), Estes Park, Colorado, on the forth dates, and to make contractual agreements of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. classes The second party on the following date Date: /CY" d/i/ •-v-eL shall ho]..d horse shows or. dates: or. halter 2. First party agrees to furnish to second party all available stalls and exhibition as herein provided. straw for any of the as herein provided. space for animals at Stanley Park First party will not furnish any feed or animals and no cleaning of the stalls except ~= 0�=�l��y � �Ua^ga �����u�wa�uua��_0 n"u '~ � P.O. 8oxlO2U " Estes Park, Colorado 80517 (303)586'6308 cAweLnz;'tj oNT'L May 7, 1992 THURSDAY NIGHT — GROUNDS SET—UP: MONOAY — GROUNDS TAKE —DOWN TROLLEY SHUTTLE TO & FROM DOWNTOWN FOR THE PARADE SAT. AM 8LEECHERS & CANOPIES — BARNS — ROOFTOP RODE() — PROGRAM AD EXCHANGE — RODEO AD IN FESTIVAL PROGRAM IN EXCHANGE FOR FESTIVAL AD IN RODEO PROGRAM TICKET TRADE — RODEO TICKETS FOR FESTIVAL TICKETS ,LAGS & FLAGPOLES — ~/PAVED PARKING LOT — TENNIS COURTS — EXTEND BASKETBALL COURT (OUTDOOR) TENNIS COURTS CONES TOWN PUBLIC WORKS POSTERS — DISPLAYED AT: MUNICIPAL 8LDG RODEO GROUNDS PLACE KIOSK AT THE ENTRANCE PROMENADE EGTES PARK POLICE: TRAFFIC CONTROL 8ATURDAY, GEPTEMBER 12, & SUNDAY, SEPTEM8ER 13, — 2 PM — 0 PM COMMUNITY & HWY 38 MANFORD 8 HWY 7 HWY 7 & HWY 30 SIGN: I — 25 2PM — 8PM 3PM — 5PM 3PM — 5PM FIREWORKS — CHAMBER — SELL TICKETS SC0TTISH FESTIVAL BROCHURES INCLUDED IN INFORMATION PACKETS FOR CONVENTIONS COMING INTO TOWN? CHRIGTMAG PARADE — HOW MUCH DOES IT COST TO PRODUCE ? A. (; R E F M E N T THIS AGREEMENT, made this / p t11 day of. /7-/, 199,2,, by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as party of the first part, and I o 14 VI- ?if d-thh1/s o e Z �b , as party of the second part, W ITNESSET H: WHEREAS, the second party desires to hold a horse show or shows at Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold horse shows or halter classes on the following date or. dates: Date: U g Thv9 2. First party agrees to furnish to second party all available stalls and exhibition space for animals at Stanley Park as herein provided. First party will not furnish any feed or straw for any of the animals and no cleaning of the stalls except as herein provided. A O R. I; 1; MI!: N'1' TI1IS AGREEMENT, :wade this day of , 19. , by and between the 4VWN 0L' PSTre uARK, COLORALO, A Municipal Corporation, as party of the first part, and L3,cs.:.!•c , as psriy of the second part, W1TNES SETH: WHEREAS, the second party desires to hold a fund raising event at Estes Park Fairgrounds at Stanley Park (hereinafter referred to as Stanley Park) , Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOR IT IS AGREED AS FOLLOWS: 1. The second party shall hold the event on the following date or dates: Date: 2. First party assumes no responsibility or liability for injury, sickness or death of any person, nor for the loss, damage, or destruction of personal property of any person, while on first party's property and second party shall hold first party harmless for any claims made against first party for any such alleged responsibility or liability. 3. Second party shall receive and be entitled to keep all recei the sale of seats and shall cs.n:- e of the seats and the seating . t_t-he-even 4. The first party shall provide cleanup for the grandstands. The first party shall proparn the arena for the event. Scottish Festival - James Durward May 2 May 7 1992 RIVERSIDE PLAZA ACTIVITIES Duck Race Finish National Day of Prayer - Violin music & tribute to our country & flag (non-demoninational) May 16 & 17 Jazz Fest May 30 thru Sept. 7 Magic Shows, Dance Shows, & Puppet Shows June 21 June 24 July 7 July 14 July 16 July 17 July 19 July 23 2 performances daily Estes Village Band University Singers - Tentative Swing Dancers & Singers - Tentative Rodeo Clown Rodeo Clown Cheyenne Indian Show Estes Village Bancl Band Concert - Tentative August 9 August 16 Baptist Singers - Tentative Estes Village Band Groups are just beginning to call for performance times to work into their tour schedules. We expect to have an additional four to five performances. MAY- 7-92 THU 14:24 P,01 MEMO DATE: May 7, 1992 TO: Cathy Hughes, 4-H Volunteer FROM: Judith B. Meier, Assistant to the ' ector RE; co10 University Cooperative Extension Colorado State Univeolty Office of the Director I Administration Building Fort Collins, Colorado 80523.0002, (303) 491-6281 FAX (303) 491.6208 Certificate of Insurance and Contract Negotiation Attached is a copy of the marked -up contract regarding 4-H use of Estes Park riding facilities. Also attached Is Information regarding liability coverage for Cooperative Extension, which includes 4-H, and 4-H leaders. Please note the underlined portion of page 4 regarding hold harmless agreements. I have enclosed these four pages to help the City of Estes Park understand the standing of Cooperative Extension as an agency of state government. ] The portions lined out in the contract are not allowable under state statute. We could negotiate the contract and provide a certificate of insurance if necessary, once those portions are deleted. Usually, other governmental agencies do not require the state to provide a Certificate of Insurance, however. Please be sure that all other aspects of the contract -regarding fees, costs, pertinent details of the agreement are acceptable to you, I have only screened for legal issues. If you or the City have further questions, I would be happy to visit with you. I would also be happy to refer questions to the CSU legal staff or risk management. Let me know how 1 can be of further help. cc: Ron Ackerman Post -It°" brand fax transmittal memo 7671 k of pa eea l' To From,-1, & 3 1 7 ,?. co. Co. C c O I✓ . Dept rho 1 -- bg 1 o Fax 53,ip_ k. Sa .s..�� Fax $ L ._,+�. Q MAY- 7-92 THU 14:30 P. 11 MEMORANDUM DATE: December 6, 1990 TO: Milan Rewerts FROM: Sandra Trissel Office of Director of Administrative Services For Collins, Colorado 8O523 on 491.5257 SUBJECT: LIABILITY PROTECTION - CSU EXTENSION ACTIVITIES This memo is in response to our discussions regarding liability protection provided by the State of Colorado to agencies and institutions of the State and for the employees and authorized volunteers thereof. Colorado State University is protected from liability by the Governmental Immunity Act, (24-10- 101) C.R.S., and the Risk Management Act, (24-30-1501) C.R.S. of the State of Colorado, The Governmental Immunity Act states that public entitles (includes all public entities, cities, counties, school districts and other spacial governmental districts such as water and utility districts) in this State are immune from liability except in six waived areas, In those six areas, the Act limits the assessment of judgements against public entitles to $150,000 each person and $400,000 each occurrence. Paraphrasing the statute, the six areas of waived Immunity are: 1) The operation of a motor vehicle, owned or leased, being used in the course of business, 2) The operation of any public hospital, correctional facility or jail. 3) A dangerous condition of any public building. 1 This information from the statute is a brief summary and a simplification of the actual wording. Please contact me if you desire a copy of this or any other section of the statute. MAY- 7-92 THU 14:30 P. 12 December 6, 1990 Milan Rewerts Page 2, 4) A dangerous condition of a public highway, road or street which physically interferes with the movement of traffic. 5) A dangerous condition of any public hospital, jail, public facility located in any park or recreation area, public water, gas, sanitation, electrical, power, or swimming facility, 6) The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical facility, power facility, or swimming facility. The State of Colorado legislature has passed the Risk Management Act to insure agencies and institutions of the State against the liabilities, for which immunity has been waived, through a self insurance fund, This fund does not provide any protection from liability for public entities other than the State, Other public entities must arrange for their own insurance but do enjoy the same statutory immunities that we have. Employees and authorized volunteers of the State, specifically, of Colorado State University, also have the protections of the Governmental Immunity Act and the self insurance fund for the six waived areas of immunity. The definition of Public Employee and Authorized Volunteer is found in the Governmental Immunity Act, quoted as follows: 24-10-103 (4) "Public employee" means an officer, employee, servant, or authorized volunteer of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to participate in any type of useful public service. For the purposes of this subsection (4), "authorized volunteer" means a person who performs an act for the benefit of a public entity at the request of and subject to the control of such public entity. Please note, the Governmental Immunity Act does restrict protection of employees to acts within the scope of employment that are not willful and wanton. Obviously, there would be no protection for criminal acts. So, as you can see, all public entitles, and their employees and authorized volunteers have the same immunities from liability, but each public entity must provide for their own liability insurance protection. Private individuals and industry do not have any governmental immunity and each Is responsible for acquisition of their own insurance. To help clarify this information the following specifics are provided: 1) State employees and authorized volunteers are protected from liability for injury or damage to others by immunity or the self -Insured liability program of the State of Colorado, Liability protection is provided only for actions within the scope of employment and as long as such actions are not willful and wanton. MAY- 7-92 THU 14:31 P. 13 December 6, 1990 Milan Rewerts Page 3, 2) Non -state employees and authorized volunteers, e.g. county, city, etc., share the same immunities as we have, but are not protected from liability for the six waived areas of immunity by the solf-insured liability program of the State of Colorado. 3) Authorized volunteers of the CSU Extension Service are protected from liability in the same manner as paid State employees. To qualify as an authorized volunteer of the State the performance of any "Job" must be for the benefit of the State, at the request of and under the supervision of the State. (Some volunteers may be volunteers of the county, or another public entity or of private enterprise, as the case may be. These volunteers are not authorized volunteers of the State and are not protected by the State of Colorado self - insured liability program.) 4) State paid employees and authorized volunteers are protected from liability while driving a State owned or leased vehicle (one of the six waived areas of immunity) but only while on State business, These same individuals driving their own vehicles on State business are protected from liability by the State self -insured liability program but only as excesa over their own personal automobile liability insurance which is considered primary coverage, Under no circumstances is the State responsible for damages to that person's own vehicle, 5) Independent Contractors are specifically excluded from protection of immunity or the self -Insurance fund of the State (see definition of public employee quoted above), An example of an independent contractor would be the farm implement dealer who exhibits his wares at an event. The implement dealer would be there for his own interests and is not acting for the State of Colorado. 6) Owners of private property are not protected from liability by the State of Colorado, either through immunity or the self-insurance program of the State. For example, a farm owner is not protected from liability for injuries occurring on his property. Nor Is a horse owner protected for injuries caused by the horse. To ascertain if an event Is a function of the State, County, or other entity, determine who will benefit from the event, who Is requesting the event, and who is controlling the event, Only those events benefitting the State, at the request of the State and controlled by the State are functions of the State of Colorado, 4-H events are generally considered to be functions of the State of Colorado. 4-H leaders are authorized volunteers of the State, However, participants of •4-H events, members and parents, etc. are not protected from liability by Immunity or by the self -Insurance program of the State. Please note, clubs may wish to purchase speclal event medical coverage policies to cover participants, MAY- 7-92 THU 14:31 P, 14 December 6, 1990 Milan Rewerts Page 4. In addition to this subject of liability protection, I would like to add that there may be times when a certificate of insurance is required for an Extension Service event or agreement. Certificates of insurance may be requested from me by sending the request in writing, including the name and address of the party requesting the certificate, Copies of all requirements, agreements and/or contracts must be attached to the request, As a matter of information, complete copies of such requests should be provided to your office. Further, the constitution of the State forbids pledging the credit or the faith of the State. Therefore, hold harmless or indemnification agreements are not authorized, All such requirements by private individuals, corporations or other public entities must be submitted to legal counsel for review. in most cases, you will find that the other party will eliminate these requirements upon becoming aware of the prohibition for such clauses. If you have further questions, please feel free to contact me at any time, My telephone number is 491-5257, Also, you may distribute this memo to all Extension Service personnel if you think that may be helpful to them, SLT:law MAY- 7-92 THU 14 , 29 P. 10 written. SPECIAL PROVISIONS TO AGREEMENT RE: Agreement between the Colorado State Board of Agriculture (•Boaid°) by and through (or) Colorado State University (CSU'), for the use and benefit of Colorado Cooperative Extension Service, and , . ("Other Party'), and concerning: (a) The State of Colorado ("Colorado'), the Board, and CSU are prohibited by law from contractually agreeing to the expenditure of funds not authorized by current state appropriations. Therefore, financial obligations of Colorado, the Board, and/or CSU payable under this Agreement after the current fiscal year are and shall be contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. (b) The Colorado Constitution prohibits Colorado, the Board and/or CSU from agreeing to Indemnify any other party, public or private, In addition, the Colorado Governmental Immunity Act limits the tort liability of public entities and employees acting In the course of authorized governmental undertakings, Therefore, any contractual Indemnification provisions and/or Insurance provisions under this Agreement are not and shall not be available from, shall not be binding upon, and shall be void as to Colorado, the Board, and CSU, Protection to Other Party normally associated with such provisions should be self -provided by Other Party through insurance or otherwise, and the additional Costs therefore reflected in the charges for the goods, services and/or uses contracted for by/from the Board and/or CSU hereunder: (c) The laws of the State of Colorado and rules and regulations Issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision of this Agreement, whether or not Incorporated herein by reference, which provides for arbitration by any extrajudicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available In any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation Of this provision will not invalidate the remainder of this Agreement to the extent that the agreement is capable of execution, (d) The signatories aver that to their knowledge, no State of Colorado employee has any personal or beneficial interest whatsoever In the service or property described herein, and that no bribery and corrupt influences of a public official or abuse of public office Is present. (e) To the extent authorized by law, Other Party shall indemnity Colorado, the Board, and CSU, their employees and agents, against any and all claims, damages, liability, and court awards, including costs, expenses, and attorney fees, incurred as a result of any act or omission by Other Party, or its employees, agents, subcontractors, or assignees, pursuant to the terms of this Agreement. (f) Other party will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age In Witness Whereof, the parties hereto have executed this Agreement on the day and year first above Other Party: State Board of Agriculture by and through (or) Colorado State University: By; Title; Attest (SEAL): By; APPROVED: Secretary By: Title: By: By; University Contracts Advisor Delegated University Authority Poq• which is the lent of Pages Fairgrounds I7seage Policy Fairgrounds Campground Policy AGREEMENT THIS AGREEMENT, made this 4116day of 47//./ 1992 , by and between the TOWN OF ESTES PARK, COLORADO, A Municipal 4gS Corporation, clr G/et) party of the first part, and as party of the second part. W 1 T N E ,S S E T H: WHEREAS, the second party desires to hold a jamboree at Estes Park Fairgrounds at Stanley Park (hereinafter referred to' as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold a jamboree on the follow- ing date or dates: eS/ild .?dr) 2 y 21, /f94 2. Rental. The rental of the Stanley Park area shall be assessed at $8.00 per vehicle per day with water and electricity hook-up, and $5.00 per vehicle per day dry camping. 3. First party shall not be obligated to provide any service, security, or equipment to second party. MAY- 7-92 THU 14:24 P. 01 Cooperative Extension Colorado State University Office of the Director 1 Administration Building Fort Collins, Colorado 80523-0002 (303) 491.6281 FAX (303) 491-6208 MEMO -411 DATE: May 7, 1992 TO: Cathy Hughes, 4-H Volunteer FROM: Judith B. Meier, Assistant to the D"rfector RE: Certificate of insurance and Contract Negotiation Attached is a copy of the marked -up contract regarding 4-H use of Estes Park riding facilities. Also attached is Information regarding liability coverage for Cooperative Extension, which includes 4-H, and 4-H leaders. Please note the underlined portion of page 4 regarding hold harmless agreements. I have enclosed these four pages to help the City of Estes Park understand the standing of Cooperative Extension as an agency of state government. ] The portions lined out in the contract are not allowable under state statute. We could negotiate the contract and provide a certificate of insurance if necessary, once those portions are deleted. Usually, other governmental agencies do not require the state to provide a Certificate of Insurance, however. Please be sure that all other aspects of the contract -regarding fees, costs, pertinent details of the agreement are acceptable to you, i have only screened for legal issues. If you or the City have further questions, I would be happy to visit with you. I would also be happy to refer questions to the CSU legal staff or risk management. Let me know how 1 can be of further help. cc: Ron Ackerman Post-Ir brand lax transmittal memo 7671 # of mos I. //IL- TocQ From, ) o ���t"_i Y' co. co. C S 0 E.. ?,-. ` i t., Dept Pho i — b g 1 p Fax ,.D6—k,bg..Sf Fax afr cii•__.Gaa.0v MEMORANDUM DATE: December 6, 1990 TO: Milan Fiew©rts FROM: Sandra Trissel Colo University Office of Director of Administrative Services Eon COMM. Colorado 80523 • (141) 491.5257 SUBJECT: LIABILITY PROTECTION - CSU EXTENSION ACTIVITIES This memo is in response to our discussions regarding liability protection provided by the State of Colorado to agencies and institutions of the State and for the employees and authorized volunteers thereof. Colorado State University Is protected from liability by the Governmental Immunity Act, (24-10- 101) C.R.S., and the Risk Management Act, (24-30-1501) C.R.S. of the State of Colorado, The Governmental Immunity Act states that public entities (includes all public entities, cities, counties, school districts and other special governmental districts such as water and utility districts) in this State are immune from liability except in six waived areas, In those six areas, the Act limits the assessment of Judgements 24ainst public entitles to $150,000 each person and $400,000 each occurrence. Paraphrasing'' the statute, the six areas of waived Immunity are: 1) The operation of a motor vehicle, owned or leased, being used in the course of business, 2) The operation of any public hospital, correctional facility or jail. 3) A dangerous condition of any public building. 1 This information from the statute is a brief summary and a simplification of the actual wording. Please contact me if you desire a copy of this or any other section of the statute. MAY- 7-92 THU 14:30 P, 12 December 6, 1990 Milan Rewerts Page 2. A dangerous condition of a public highway, road or street which physically interferes with the movement of traffic. 5) A dangerous condition of any public hospital, jail, public facility located in any park or recreation area, public water, gas, sanitation, electrical, power, or swimming facility, 6) The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical facility, power facility, or swimming facility. The State of Colorado legislature has passed the Risk Management Act to insure agencies and institutions of the State against the liabilities, for which immunity has been waived, through a self insurance fund, This fund does not provide any protection from liability for public entities other than the State, Other public entities must arrange for their own insurance but do enjoy the same statutory immunities that we have. Employees and authorized volunteers of the State, specifically, of Colorado State University, also have the protections of the Governmental Immunity Act and the self insurance fund for the six waived areas of immunity. The definition of Public Employee and Authorized Volunteer is found in the Governmental Immunity Act, quoted as follows: 24-10-103 (4) "Public employee" means an officer, employee, servant, or authorized volunteer of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to participate in any type of useful public service. For the purposes of this subsection (4), "authorized volunteer" means a person who performs an act for the benefit of a public entity at the request of and subject to the control of such public entity. Please note, the Governmental Immunity Act does restrict protection of employees to acts within the scope of employment that are not willful and wanton, Obviously, there would be no protection for criminal acts. So, as you can see, all public entitles, and their employees and authorized volunteers have the same immunities from liability, but each public entity must provide for their own liability insurance protection. Private individuals and industry do not have any governmental immunity and each is responsible for acquisition of their own insurance. To help clarify this information the following specifics are provided: 1) State employees and authorized volunteers are protected from liability for injury or damage to others by immunity or the self -Insured liability program of the State of Colorado. Liability protection is provided only for actions within the scope of employment and as long as such actions are not willful and wanton. MAY- 7-92 THU 14:31 P. 13 December 6, 1990 Milan Rewerts Page 3, 2) Non -state employees and authorized volunteers, e.g. county, city, etc., share the same immunities as we have, but are not protected from liability for the six waived areas of immunity by the self -insured liability program of the State of Colorado. 3) Authorized volunteers of the CSU Extension Service are protected from liability in the same manner as paid State employees. To qualify as an authorized volunteer of the State the performance of any "job" must be for the benefit of the State, at the request of and under the supervision of the State. (Some volunteers may be volunteers of the county, or another public entity or of private enterprise, as the case may be. These volunteers are not authorized volunteers of the State and are not protected by the State of Colorado self - insured liability program,) 4) State paid employees and authorized volunteers are protected from liability while driving a State owned or leased vehicle (one of the six waived areas of immunity) but only while on State business, These same individuals driving their own vehicles on State business are protected from liability by the State self -insured liability program but only as excess over their own personal automobile liability insurance which is considered primary coverage. Under no circumstances is the State responsible for damages to that person's own vehicle. 5) Independent Contractors are specifically excluded from protection of immunity or the self -Insurance fund of the State (see definition of public employee quoted above), An example of an independent contractor' would be the farm implement dealer who exhibits his wares at an event. The implement dealer would be there for his own interests and is not acting for the State of Colorado. 6) Owners of private property are not protected from liability by the State of Colorado, either through immunity or the self-insurance program of the State. For example, a farm owner is not protected from liability for injuries occurring on his property. Nor Is a horse owner protected for injuries caused by the horse, To ascertain if an event Is a function of the State, County, or other entity, determine who will benefit from the event, who Is requesting the event, and who is controlling the event, Only those events benefitting the State, at the request of the State and controlled by the State are functions of the State of Colorado, 4-H events are generally considered to be functions of the State of Colorado. 4-H leaders are authorized volunteers of the State. However, participants of 4-H events, members and parents, etc. are not protected from liability by immunity or by the self -Insurance program of the State. Please note, clubs may wish to purchase special event medical coverage policies to cover participants. December 6, 1990 Milan Rewerts Page 4. In addition to this subject of liability protection, I would like to add that there may be times when a certificate of insurance is required for an Extension Service event or agreement. Certificates of insurance may be requested from me by sending the request in writing, including the name and address of the party requesting the certificate. Copies of all requirements, agreements and/or contracts must be attached to the request. As a matter of information, complete copies of such requests should be provided to your office. Further, the constitution of the State forbids pledging the credit or the faith of the State. Therefore, harmless or indemnification agreements are not authorized. All such requirements by private Individuals, corporations or other public entities must be submitted to legal counsel for review. In most cases, you will find that the other party will eliminate these requirements upon becoming aware of the prohibition for such clauses. If you have further questions, please feel free to contact me at any time, My telephone number is 491-5257. Also, you may distribute this memo to all Extension Service personnel if you think that may be helpful to them, SLT:Iaw MAY- 7 92 THU 14:29 P.10 written. SPECIAL PROVISIONS TO AGREEMENT RE: Agreement between the Colorado State Board of Agriculture (*Board") by and through (or) Colorado State University ("CSU'), for the use and benefit of Colorado Cooperative Extension Service, and concerning; ("Other Party), and (a) The State of Colorado ('Colorado"), the Board, and CSU are prohibited by law from contractually agreeing to the expenditure of funds not authorized by current state appropriations. Therefore, financial obligations of Colorado, the Board, and/or CSU payable under this Agreement atter the current fiscal year are and shall be contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. (b) The Colorado Constitution prohibits Colorado, the Board and/or CSU from agreeing to Indemnify any other party, public or private, In addition, the Colorado Governmental Immunity Act limits the tort liability of public entities and employees acting In the course of authorized governmental undertakings, Therefore, any contractual Indemnification provisions and/or Insurance provisions under this Agreement are not and Shall not be available from, shall not be binding upon, and shall be void as to Colorado, the Board, and CSU. Protection to Other Party normally associated with such provisions should be sett -provided by Other Party through Insurance or otherwise, and the additional costs therefore reflected in the charges for the goods, services and/or uses contracted for by/from the Board and/or CSU hereunder. (c) The laws of the State of Colorado and rules and regulations Issued pursuant thereto shall be applied in the Interpretation, execution, and enforcement of this Agreement. Any provision of this Agreement, whether or not Incorporated herein by reference, which provides for arbitration by any extra -Judicial body or person or which is otherwise In conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available In any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that the agreement Is capable of execution, (d) The signatories aver that to their knowledge, no State of Colorado employee has any personal or beneficial interest whatsoever in the service or property described herein, and that no bribery and corrupt influences of a public official or abuse of public office Is present. (e) To the extent authorized by law, Other Party shall indemnify Colorado, the Board, and CSU, their employees and agents, against any and all claims, damages, liability, and court awards, including costs, expenses, and attorney fees, incurred as a result of any act or omission by Other Party, or Its employees, agents, subcontractors, or assignees, pursuant to the terms of this Agreement, (f) Other party will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age, Ir1 Witneot3 Whereof, the parties hereto have executed this Agreement on the day and year first above Other Party: State Board of Agriculture by and through (or) Colorado State University: By: Title; Attest (SEAL): By. APPROVED: Secretary By; Title: By By: University Contracts Advisor Delegated University Authority Page which is the last or pages MEMORANDUM TO: Gary Klaphake FROM: Greg White DATE: May 14, 1992 RE: Stanley Park/Special Events Insurance Requirements I have been requested to write a memorandum to you con- cerning the request by the local 4-H Chapter to use Stanley Park under the following terms and conditions. V1. Waiver by the Town of its standard requirement for insurance coverage by the organization using Stanley Park. 1/2. Use of the facilities at any time without supervision by any Town employee. 0 Waiver of Insurance Requirement: It has been the policy of the Town of Estes Park to require all individuals, groups and/or. organizations using any Town facility to provide general liability insurance coverage for said use in the amount of at least $150,000.00 per individual and $400,000.00 per occurrence. Also, said insurance policy is required to provide that the Town is an additional insured under the terms and conditions of the policy. The amount of said insurance is the amount of liability of the Town under the applicable provisions of the Colorado Governmental Immunity Act. The Town of Estes Park is subject to claims for damages arising out of the use of its public facilities. The Town insures against its liability through its membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA), which provides insurance coverage for the Town. As part of its insuring agreements with CIRSA, the Town requires that any person, group or organization provide separate insurance coverage for the use of the Town's facilities. This requirement is taken into consideration by CIRSA in its insuring agreements, and the result is a reduction in premium payments that the Town would otherwise pay for its insurance coverage. The effect of this policy is to have the particular individual, group or organization pay its insuring costs for its individual event. If the Town does not require insurance coverage by the group or organization, the cost of managing and insuring the potential risk would fall upon the Town and ultimately the Town's taxpayers. Individual organizations using Town facilities have different levels of risk. For example, a horse show using Stanley Park has a much greater risk of liability and potential loss to the Town than the Arts and Craft Show sponsored by the Fine Arts Guild in Bond Park. However, although the liability for the use of horses in Stanley Park is much greater to the Town than the Fine Arts Guild, the Town requires both organizations to provide the same insurance coverage. Therefore, the risk associated with each event is borne by the participants and the organizers of that event and not the taxpayers of the Town. 0) /I have been provided a memo dated December 6, 1990 con- cerning Liability Protection-CSU Extension Activities. Said memo basically states that the CSU Extension Activities, of which I believe that 4-H activities are a part, are provided protection under the applicable provisions of the Colorado Governmental Immunity Act. I agree wholeheartedly with that portion of the memo. )The State of Colorado has determined that in order to insure against the risks which the State is liable under the Colorado Governmental Immunity Act, as is the Town, that the State will self insure under the provisions of the Risk Management Act, 24-30-1501 et seq., C.R.S. Said self insurance fund is funded by the State Legislature and provides a fund in which any claim against the State, any employee or volunteer thereunder may be paid. The own,on the other hand has elected, as have numerous other muni iialities in Colorado, to insure its liability risks througholRS Please note that on Page 2 of the memo is the following quote: `'�"The gt__te f Colorado legislature has passed thT is Management Act to>'nsure agencies and institutions of the State against the liabilities, for which immunity has been waived, through a self insurance fund. This fund does not provide any protection from liability for public entities other than the State. Other public entities must arrange for their own insurance, but do enjoy the same statutory immunities that we have." C� The policy of Colorado State University for outside organi- cati✓Tons using CSU facilities is to require those orations__to have insurance in force and effect. CSU requires (000,000.0 of general liability coverage with additional insureds of Colorado State University, the State of Colorado _and_the State Board_of-Agriculture. This policy applies tooth prof and art-profit_oganizations and is a requirement for use of any 4acIt-ies at CSU. The Town re wires that any organization using Town facilities also 'ndellnify2and hold the Town harmless from any claims against the Town or any Town officer, employee or volunteer arising out of the use of the Town's facilities by the organization. This is a standard provision for all contracts for use of Town facilities. The memo of the CSU Extension Service states that it is the opinion of the State that the State, due to certain constitutional constraints will not hold harmless or indemnify any other party. However, it is interesting to note that they have —their own special provisions for which agreements betwee 'CSU a,nd the Colorado Cooperative Extension Service and othe groups require those groups t indemnify as follows:, "(e) To the extent authorized by law, Other Party shall indemnify Colorado, the Board, and CSU, their employees and agents, against any and all claims, damages, liability, and court awards, including costs, expenses, and attorney fees, incurred as a result of any act or omission by Other Party, or its employees, agents, subcontractors, or assignees, pursuant to the terms of this Agreement." Also, I call your attention to Page 4 of the memorandum which provides as follows: i) V('fl addition to this subject of liability protection, I would like to add that there may be times when a certificate of insurance is required for an Extension Service event or agreement. Certificates of insurance may be requested from me by sending the request in writing, including the name and address of the party requesting the certificate. Copies of all requirements, agreements and/or contracts must be attached to the request." ) It is obvious that the State recognizes the need for insurance for the use of facilities by its own organizations. Unsupervised Use of Stanley Park: It is the policy of the Town that Stanley Park be used as much as possible under reasonable circumstances, to provide public facilities for appropriate uses. The Town employs individuals to oversee these uses and provides supervisory review of the use of the facili- ties. Use of Stanley Park is subject to reasonable time regula- tions as it is required that Town personnel be on site to provide any supervisory and/or other help that is needed in case of an unforeseen emergency. To allow any individual, group or organization to use the facilities at any time and without Town supervision, is asking the Town to take unreasonable risks with regard to liability. Without Town supervision of use of Stanley Park, the Town does not have any control over who is using the facilities and how they are being used. (This increase in risk of injury and/or damage to both the persons using Stanley Park and the Stanley Park facilities is, in my opinion, unacceptable.) /-77C� Stanley Park is no different than any other Town facility, such as the Municipal Building. The Town does not allow unlimited access to the Municipal Building when Town employees are not present. Unsupervised use of Stanley Park would greatly increase the potential of liability to the Town. V Also, it is my opinion that CIRSA would no longer insure any activities at Stanley Park, including all horse shows, the Rooftop Rodeo, and other special events, if they are aware of use of the facilities without Town supervision.