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RESOLUTION NO. 13653
A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND PUEBLO COUNTY
SCHOOL DISTRICT NO. 70, FOR COOPERATION IN THE
JOINT-USE OF CERTAIN PREMISES, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE
SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Memorandum of Understanding between the City of Pueblo, a Municipal
Corporation, and Pueblo County School District No. 70 dated April 4, 2017, a true copy
of which is attached hereto, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2:
The President of City Council is hereby authorized and directed to execute the
Memorandum of Understanding on behalf of the City, and the City Clerk is directed to
affix the seal of the City thereto and attest the same.
SECTION 3:
The officers and staff of the City are directed and authorized to perform any and all
acts consistent with the intent of this Resolution and the attached Memorandum of
Understanding to effectuate the transactions described herein.
SECTION 4:
This Resolution shall become effective immediately upon passage.
INTRODUCED April 10, 2017
BY: Ed Brown
City Clerk’s Office Item # M-6
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
April 10, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Parks and Recreation
SUBJECT: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
PUEBLO COUNTY SCHOOL DISTRICT NO. 70, FOR COOPERATION IN
THE JOINT-USE OF CERTAIN PREMISES, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
SUMMARY:
This Resolution will approve a partnership between the City of Pueblo and Pueblo County School
District No. 70 to allow each entity use of certain facilities for recreation and interscholastic
programming and events.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
Pueblo County School District No. 70 is heavily dependent on City facilities to conduct many of
their interscholastic sports activities. These facilities include the City Park Tennis Complex,
Walking Stick and Elmwood Golf Courses. No fees are charged to Pueblo County School District
No. 70 to utilize the City Park Tennis Complex for any practices and matches. For use of the City
golf courses, high school player fees are waived for Pueblo County School District No. 70 during
each high school golf season if the team’s authorized coach is present. The City relies on Pueblo
County School District No. 70 facilities to conduct numerous community recreational sports
programs for Pueblo County residents and since the City does not have the necessary facilities
to conduct such programs or events, these facilities are of the utmost importance to the success
of these recreational programs. Both Pueblo County School District No. 70 and the City rely on
the existing partnership to continue popular recreational and interscholastic programs for Pueblo
County residents. This unique and beneficial relationship between Pueblo County School District
No. 70 and the City has existed since 1999. This school/municipal partnership continues to serve
as a model to other communities across the entire state of Colorado. Pueblo County School
District No. 70 and the City desire to continue to provide opportunities for pre-K-12 grade youth
to engage in competitive and recreational sports outside of regular school hours in accordance
with this Agreement.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Council could remove the Resolution from the agenda and partnership will continue as is but
without clear and understandable expectations and obligations by each party.
RECOMMENDATION:
Approval of the Resolution.
Attachments: MOU
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION,AND PUEBLO COUNTY SCHOOL DISTRICT
NO. 70, FOR COOPERATION IN THE JOINT-USE OF CERTAIN PREMISES
PARTIES:
This Memorandum of Understanding (MOU) is made and entered between the City of
Pueblo, a Municipal Corporation ("City"), and Pueblo County School District No. 70
("PCSD70"), (individually a"Party" and together the "Parties").
PURPOSE:
The purpose of this MOU is to enable the City and PCSD70 to provide certain facilities
for each entity's specific program/activities to utilize at little or no cost to each.
BACKGROUND:
PCSD70 is heavily reliant on City facilities to conduct many of its interscholastic
activities. These facilities include the City Park Tennis Complex, Walking Stick and
Elmwood Golf Courses. No fees are charged to PCSD70 to utilize the City Park Tennis
Complex for any practices and matches. For use of the City golf courses, high school
player fees are waived for PCSD70 during each high school golf season if the team's
authorized coach is present.
The City relies on PCSD70 facilities to conduct numerous community recreational sports
programs for Pueblo County residents and due to the fact, the City does not have the
required facilities to conduct such programs or events, these facilities are of the utmost
importance to the success of the these programs.
Both PCSD70 and the City rely on the existing partnership to continue popular
recreational and interscholastic programs for Pueblo County residents. The unique and
beneficial relationship between PCSD70 and City has existed since 1999. This
school/municipal partnership continues to serve as a model to other communities across
the entire state of Colorado.
PCSD70 and City desire to continue to provide opportunities for pre-K-12 grade youth to
engage in competitive and recreational sports outside of regular school hours in
accordance with this Agreement.
AUTHORITY:
This MOU is entered by and between the Parties in exercise of the authority set forth in
the provisions herein.
TERM:
This MOU shall have an effective date of the later date of signatures with an initial term
of one (1) year and shall automatically renew for a maximum of five (5) additional one
(1) year terms unless one of the Parties provides the other written notice of its intent not
to renew at least thirty (30) days prior to such renewal.
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NONDISCRIMINATION:
As applicable, both PCSD70 and City agree not to discriminate in the selection,
acceptance, or treatment of any participant or representative of either Party pursuant to
this MOU because of race, color, national origin, religion, sex, sexual orientation,
handicap,age,veteran's status, medical,ancestry, marital status, or citizenship, within the
limits imposed by law or other requirements of this MOU.
DUTIES AND OBLIGATIONS OF THE PARTIES:
A. CITY USE OF PCSD70 FACILITIES
1. PCSD70 agrees to allow City to utilize district facilities requested for practice,
games and special events for its Pueblo County based recreation programs and
residents.
2. Permission for use of PCSD70 Facilities must be requested by the Recreation
Supervisor in writing to the PCSD70 Activities Director no less than 30 days prior
to first scheduled approved use.
3. Permission for City use of PSCD70 Facilities, City will complete the Pueblo County
School District 70 "Application for Building or Facility Use" Exhibit "C" no less
than 30 days prior to first scheduled approved use. Exhibit "C" form is hereby
incorporated into this Agreement by this reference.
4. Use of the facilities by City will only be allowed after school instructional hours,
functions, and events, and as so long as the City use does not conflict with any other
use that has been approved by PCSD70.
B. PCSD70 USE OF CITY FACILITIES
I. High School Boys Golf season is a fall sport and begins official practice early August
through end of September or early October. High School Girls Golf season is a
spring sport and begins official practice late February through the end of May.
2. High School Boys Tennis season is a fall sport and begins official practice early
August through end of September or early October. High School Girls Tennis season
is a spring sport and begins official practice late February through the mid May.
3. Permission for use of City Facilities for PCSD70 High School Athletic programs
must be requested by the PCSD70 Activities Director and/or Coach in writing to the
Parks and Recreation Director no less than 30 days prior to first scheduled approved
use.
4. Director will approve request then forward on to the Municipal Golf Enterprise
Managers and the Recreation Supervisor responsible for the City Park Tennis
Complex for approval followed by meeting with PCSD70 Activities Director and/or
Coaches to review rules and responsibilities (Exhibit "A" and/or Exhibit "B") and
verify upcoming program/facility schedule.
5. While utilizing City Facilities, PCSD70 shall follow all City Facility Rules,
regulations and responsibilities as stated in Exhibits "A and B". While utilizing one
another's facilities,Parties shall provide trained staff to ensure proper supervision of
the approved scheduled program, activity, or event.
C. Parties shall conduct criminal background checks on all employees and volunteers who
are involved with the approved scheduled program, activity, or event.
D. Parties will provide all materials, equipment and supplies necessary to conduct a
successful program, activity, or event.
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E. Parties shall be responsible for"direct costs"associated with maintaining Parties Facilities
during authorized use. This includes all utility costs, custodial services, and other
associated staffing costs.
F. Parties agree to inspect all equipment at own Facilities to maintain safety of persons and
property on the premises of the Facilities.
G. Parties shall repair or replace any property that becomes damaged or unusable by any act
by said Parties. All incurred damage costs will be paid at time of billing, with no payment
for billing to become more than thirty (30) days past due date.
FEES:
A. High School Boys and Girls Golf participants must be accompanied by their coach to play
on either Walking Stick or Elmwood Golf Courses during the boys and girls high school
golf seasons at no cost without paying either the trail fee (improvement fee)or any greens
fees. (See Exhibits "D"and "E")
B. If a PCSD70 appointed golf coach is not present during the boys or girls CHSAA high
school golf season, players will be charged the Junior resident trail fee of$3.00 regardless
of 9 or 18 holes. (See Exhibits "D"and "E")
C. Coaches for all High School Boys and Girls Golf teams will be invoiced $2.00 for each
junior large container of practice balls used during each interscholastic golf season.
D. There will be no rental or participant user fee charged to PCSD70 for the use of the City
Park Tennis Complex Facilities.
E. There will be no rental or participant user fee charged to City for the use of PCSD70
Facilities.
FACILITY ACCESS:
A. Access to all facilities will be coordinated with the Parties administrative staff of the
facility being requested.
B. Parties will comply with all security measures of each entity.
C. Parties shall strictly comply with all laws, ordinances, rules, regulations, and orders of all
federal or state governmental agencies or authorities as well as all policies, rules, and
regulations, including without limitation, those related to the prohibited use and/or
possession of alcohol,tobacco,or firearms on PCSD70 and City grounds,and shall ensure
that all members and attendees also comply therewith.
D. Parties shall ensure that all members and attendees confine themselves to the designated
areas of the facilities specifically requested on each party's Facility Usage form and/or
Letter of Facility Use Request.
CARE OF THE FACILITY:
A. Parties agrees to respect the Facilities being used, to include but not limited to keeping the
Facilities clean and orderly.
B. Parties will communicate with designated administrative staff and custodial/maintenance
staff on a protocol for cleanliness.
C. Parties will be reimbursed by other party for any damages resulting from use of the
Facilities per the terms of this MOU.
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INSURANCE:
A. During the term of this MOU, Parties shall provide one another a current certificate of
policy evidencing its comprehensive and general liability insurance coverage. This
insurance shall be written in amounts not less than $1,000,000.00 for each occurrence and
$2,000,000 aggregate.
B. Parties shall also provide one another a written endorsement naming each other as an
additional insured. Coverage shall provide notice to the additional insured of any change
in or limitation of coverage or cancellation of the policy no less than thirty (30) days prior
to the effective date of the change, limitation, or cancelation. A copy of the Certificate of
Liability Insurance must be on file with the City at the time both Parties approve this
MOU.
INDEMNIFICATION AND LIABILITY:
A. PCSD70 and the City agree to defend and hold harmless the other Party and its officers,
employees, and agents(the "Indemnified Parties"), from all claims and liability, including
reasonable attorney's fees and costs, for injuries, death, or damages to any person or
property, arising from or in any way connected with the activities contemplated under this
MOU, or any default or breach of any term of this MOU by PCSD70 or the City.
B. Parties forever releases and waives any and all claims, known and unknown, presently
existing or arising in the future, and any suit or action in law or equity against the other
Party, its Enterprises, controlled Nonprofit Corporations, their officers, agents,
independent contractors, and employees ("Released Parties") in any court or tribunal,
based on tort, statute, violation of civil rights, or any other legal theory, for any physical
injury, psychological injury, death, or property damage or loss that Parties, its officers,
agents, independent contractors, or employees may suffer, related to or caused by the
Released Parties,or any vehicle,object,thing,or activity in any building or facility owned,
leased, operated or controlled by the Released Parties.
C. Parties shall not file,pursue or prosecute any suit, action or proceeding, in law or in equity,
in any court or tribunal, against the Released Parties, based on tort, statute, violation of
civil rights, or any other legal theory, for any physical injury, psychological injury, death,
or property damage or loss that Parties, its officers, agents, independent contractors, or
employees may suffer related to or caused by the Released Parties, or any vehicle, object,
thing, or activity in any building or facility owned, leased, operated or controlled by the
Released Parties.
D. City and PCSD70 agree to notify the other Party of any claims, administrative actions, or
civil actions determined to be within the scope of this MOU within ten (10) calendar days
of such determination.Nothing in this MOU shall establish a standard of care for or create
any legal right for any person not a party to this MOU.
E. The Parties to this MOU agree that each is responsible only for the actions of their officers,
agents, and employees.
F. The Parties to this MOU hereby assert that no liability is assumed by either Party for
damages or injuries which arise from participants independently traveling to or from
service sites.
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TERMINATION AND SUSPENSION:
This MOU may be terminated without cause by either Party at any time upon thirty (30)
days prior written notice to the other Party. When required by law, this MOU may be
immediately suspended by either Party upon notice to the other Party;any such suspension
shall not extend the term of this MOU.
FORCE MAJEURE:
Neither Party shall be liable or responsible to the other Party for any delay, loss, damage,
failure, or inability to perform under this MOU due to an Event of Force Majeure, if the
Party claiming failure or inability to perform provides written notice to the other Party
within thirty (30) days of the date on which such Party gains actual knowledge of such
Event of Force Majeure. In the event of damage or destruction to a material portion of the
City or PCSD70 Facilities due to fire, storm or other casualty loss that renders the facility
(or a material portion thereof)untenantable,the owner of the property shall use reasonable
efforts to remedy such situation. If notwithstanding such efforts, such damage or
destruction is expected to render the facility (or a material portion thereof) untenantable
for a period estimated by an engineer or architect selected by the owner of the property,
of at least ninety (90) days from the date of such fire, storm, or other casualty loss, either
Party may terminate this MOU without any liability, upon written notice to the other.
FINANCIAL OBLIGATIONS:
A. Parties to this MOU hereby assert that no financial liability is assumed by either Party for
services provided outside the scope of this MOU.
B. Parties hereby agrees to provide Facilities and to be financially responsible for utilities
and daily maintenance, except as otherwise provided herein.
NOTICES:
Any notice required to be given by the terms of this MOU shall be deemed to have been
given when the same is personally delivered or sent by first class mail, postage prepaid,
addressed to the Parties as follows:
If to City: Director of Parks and Recreation
Pueblo Parks and Recreation
800 Goodnight Avenue
Pueblo, CO 81005
With a copy to:
City Manager
One City Hall Place
Pueblo, CO 81003
5
If to PCSD70: Pueblo County School District No. 70 (PCSD70)
District Activities Director
Administrative Service Center
24951 Highway 50 East
Pueblo, CO 81006
ENTIRE AGREEMENT:
This MOU represents the entire and integrated agreement between City and PCSD70, and
supersedes all prior negotiations, representations, or agreements, either written or oral,
with respect to the subject matter of this MOU. The MOU may not be modified, changed,
supplemented, or terminated, nor may any obligations under this MOU be waived or
amended, except by written instrument signed by the duly authorized representatives of
City and PCSD70.
SEVERABILITY:
Should any term or provision of this MOU be determined to be illegal or in conflict with
any law of the State of Colorado,the validity of the remaining portions or provisions shall
not be affected thereby, and each term or provision of this MOU shall be valid and
enforced as written to the full extent permitted by law.
REPRESENTATION OF AUTHORITY:
The undersigned hereby represent and warrant that the Parties authorize them to execute
this MOU.
ASSIGNMENT:
This MOU shall not be assigned by Parties without the prior written consent of the Parties,
which consent may be granted, denied, or conditioned in each Party's sole and absolute
discretion.
SUBJECT TO LAW:
A. This MOU is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-
year fiscal obligation or an obligation of future appropriations by the City Council of
Pueblo,contrary to Article X, §20 of the Colorado Constitution or any other constitutional,
statutory or charter debt limitation. Notwithstanding any other provision of this MOU,
with respect to any financial obligation of the Parties which may arise under this MOU in
any fiscal year after 2017, in the event the budget or other means of appropriations for any
such year fails to provide funds in sufficient amounts to discharge such obligation, such
failure shall not constitute a default by or breach of this MOU, including any sub-
agreement, attachment, schedule, or exhibit thereto, by the Parties.
B. Nothing in this MOU is intended,nor should it be construed,to create or extend any rights,
claims or benefits or assume any liability for or on behalf of any third party, or to waive
any immunities or limitations otherwise conferred upon Pueblo, a municipal corporation
6
under or by federal or state law, including but not limited to the Colorado Governmental
Immunity Act, C.R.S. §24-10-101, et. seq, or upon PCSD70 under or by federal or state
law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-
10-101, et. seq.
C. Parties agree to conform to all Party's policies, ordinances, and state and federal laws,
including, but not limited to, restrictions on room and building capacities.
GOVERNING LAW AND VENUE:
This MOU shall be governed by the laws of the State of Colorado. Venue for any action
arising under this MOU or for the enforcement of this MOU shall be in a state court with
jurisdiction located in Pueblo County, Colorado.
IN WITNESS WHEREOF, CITY AND PCSD70 have executed this MOU as of this
10th day of April, 2017.
[ SEAL ] CITY OF PUEBLO
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City Clerk P hof the City Council
Approved as to form:
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[ SEAL ]
BOARD OF EDUCATIO
PUEBLO CO •i Y SC, OOL h IS/ICT 70
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Attest: '7
By: _ A _ i
Secretary Pr,sident
Approved as to form:
Pueblo County School District 70 Attorney
7
EXHIBIT A
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RULES AND REGULATIONS FOR PUEBLO MUNICIPAL GOLF FACILITIES
1. ALL PLAYERS MUST PAY APPROPRIATE FEE AT THE GOLF PRO SHOP AND REGISTER WITH THE
STARTER BEFORE BEGINNING PLAY.
2. ALL PLAYERS MUST HAVE HIS/HER OWN SET OF CLUBS INCLUDING A PUTTER. RENTAL SETS ARE
AVAILABLE IN THE GOLF PRO SHOP.
3. ALL PLAYERS MUST BEGIN PLAY FROM #1.TEE. BEGINNING ANY PLACE OTHER THAN #1 MUST BE
APPROVED BY THE GOLF PRO SHOP OR THE STARTER.
4. PLAY SHALL NOT BEGIN BEFORE THE POSTED FIRST TEE TIME WITHOUT PERMISSION FROM THE
GOLF PRO SHOP OR THE STARTER.
5. GROUPS LARGER THAN FIVE (5) PLAYERS ARE NOT ALLOWED. IF NECESSARY, GROUPS OF 1, 2 OR
3 PLAYERS WILL BE REQUIRED TO JOIN TO MAKE FOURSOMES.
6. IT IS THE RESPONSIBILITY OF EACH GROUP TO STAY UP WITH THE GROUP AHEAD. IF ONE OR
MORE HOLES ARE OPEN IN FRONT OF A GROUP, THE GROUP MUST EITHER LET FASTER GROUPS
BEHIND PLAY THROUGH OR SKIP HOLES TO REGAIN POSITION. THIS IS AT THE DISCRETION OF
THE GOLF COURSE STAFF.
7. ALL PLAYERS SHALL REPAIR DIVOTS AND BALL MARKS.
8. APPROPRIATE ATTIRE IS REQUIRED AT ALL TIMES ON THE GOLF COURSE OR IN THE PRACTICE
AREA. CUT OFF SHORTS, SLEEVELESS SHIRTS FOR MEN AND HALTER TOPS FOR WOMEN ARE NOT
ALLOWED AT ANY TIME. ANY CLOTHING WITH OFFENSIVE WORDS OR GRAPHICS IS NOT
ALLOWED AT ANY TIME WITHIN THE FACILITY. APPROPRIATENESS IS AT THE DISCRETION OF THE
GOLF COURSE STAFF.
9. NO OUTSIDE ALCOHOLIC BEVERAGES ARE ALLOWED WITHIN THE FACILITY AT ANY TIME.
ALCOHOLIC BEVERAGES ARE AVAILABLE IN THE RESTAURANT, AT THE SNACK SHACK OR FROM
THE ON COURSE BEVERAGE CART.
10. ONLY RANGE BALLS RENTED FROM THE FACILITY MAY BE USED ON THE DRIVING RANGE. RANGE
BALLS SHALL NOT BE REMOVED FROM THE PRACTICE AREA OR THE FACILITY.
WE HOPE THAT BY FOLLOWING THESE RULES AND REGULATIONS PLAYERS WILL HAVE AN
ENJOYABLE EXPERIENCE AT PUEBLO'S FINE GOLF FACILITIES!
EXHIBIT B
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RULES AND REGULATIONS FOR PUEBLO ATHLETIC FACILITIES
Pueblo Parks and Recreation Department(PPRD)reserves the right to refuse requests for rentals of any facility.
All rentals are based on availability.
The following rules and regulations apply to all groups using and are in effect for all PPRD recreational facilities and athletic fields.These rules
and regulations must always be followed and are subject to change.Fees and deposits are based on the number of fields/courts and the total
hours requested.If Renter does not adhere to the rules and regulations,then PPRD may declare this agreement null and void and revoke any
permit.No refunds will be given for voided agreements.
• Deposit: All facilities require a deposit of two hundred dollars($200.00)at the time of reservation.Deposits and fees may only be paid by
credit card or cash.Personal checks will not be accepted.Deposits may be refunded to the Renter if all rules and regulations are followed,
and the area is cleaned after use.Any costs of repair or cleaning will be deducted from the deposit.PPRD has joint facility-use agreements
established with numerous community partners which are not required to pay fees or deposits for facility use.
• Payment is due in full fourteen (14)days prior to the reserved date. If payment is not received fourteen (14)days prior to the reserved
date,PPRD may declare this agreement null and void and the facility and/or field may be rented to another individual,group,organization,
and/or association.
• Reservations made less than fourteen(14)days prior to the reserved date of use must be paid in full within twenty-four(24)hours after
the reservation has been made.
• Users may not sublease fields or facilities under any circumstance. Subleasing of fields or facilities may result in revocation of all permits
and agreements.
• Rental hours are between 8:00 a.m.and 9:00 p.m.,and the facilities and fields must be vacated no later than 10:00 p.m. Park hours are
6:00 a.m.to 10:00 p.m., Mondays through Sundays.
• The Renter must have a responsible person on site to oversee the event and ensure all rules and regulations are followed.The Renter
must provide a copy of these rules and regulations to the responsible person overseeing the event and anyone working the event.After
completion of an event,unless a PPRD supervisor is assigned,the Renter must turn off all lights,lock all doors,and clean up any litter in
the area.Failure to do so may result in additional charges.If PPRD determines that the Renter is not enforcing the rules and regulations,
such Renter may be barred from future renting or hosting of events within the City of Pueblo(City).
• Facility and field rentals are subject to cancellation or delay when PPRD activities are scheduled and/or inclement weather or situations
may cause major damage to the facilities or fields.After PPRD approval,fees will be refunded upon event cancellation due to weather
related issues.
• Renters who withdraw their rental request at least fourteen (14)days prior to the event date will be returned seventy five percent(75%)
of the deposit and fees.Any withdrawals within fourteen(14)days of the event date will result in forfeiture of all deposits and fees.The
Renter may reschedule the event at least fourteen(14)days prior to the rental date,for an administrative fee of fifty dollars($50.00). In
the event of inclement weather,the Renter may reschedule within the same rental season at no extra cost.
• ALCOHOL IS NOT ALLOWED,except with the proper permits.Renter is responsible for its members and customers during its use of the
rented facility or field. If alcohol is present without the proper permits, Renter will forfeit all paid deposits and a GOS summons may be
issued for violation of City Ordinance Title X, Section 10-1-13(g)(1)&(2). Glass containers are prohibited in all city parks.
• Vehicles are not allowed on turfed areas or on playing courts for any reason.
• Renter shall obtain liability insurance coverage for bodily injury,death,and property damage valued at one million dollars($1,000,000.00)
or more per occurrence, name the City as an additional insured under the policy, and provide the City with a certificate of insurance at
least ten (10)days in advance of the scheduled event. If Renter fails to provide adequate insurance, PPRD may void this agreement.
PPRD may waive liability insurance for minor events, such as family reunions, picnics, etc., upon written request and the Renter's full
waiver of all claims against the City and assumption of all risks and liability.
1
• Renter shall not damage or impair the facilities or fields in any way,and is liable for the cost to repair any damage or impairment caused
by Renter.Renter agrees that no noxious or offensive activity shall be permitted upon the fields or facilities.If PPRD finds any damage or
impairment following Renter's event,after conducting a review prior to Renter's event,if will be prima facie evidence that Renter's activity
caused the damage or impairment and Renter will be liable for the costs of repair. Athletic facilities,park shelters,and restroom facilities
must be left in a clean and orderly condition and all waste disposed of in designated receptacles. Any loss of equipment or improper
cleanup will be charged to the Renter.
• Use of the facilities or fields by the Renter shall indicate that the location was in satisfactory condition and suitable to the Renter's needs.
• Renter must obtain the necessary permits and must enter applicable agreements with the City before advertising to the public during an
event.
• For Park issues,please contact our Park Ranger Hotline at(719)553-2700. In case of emergency,contact the Pueblo Police Dispatch at
(719)553-2502 or dial 9-1-1.
• If Renter has requested to sell concessions during an approved event,the Renter must contact Richard Hubler, Parks and Recreation
Concessions Coordinator,(719)553-2783,to make necessary arrangements.
• Renter agrees to defend, hold harmless, and indemnify, the City and its officers, employees, and agents, from all claims and liability,
including reasonable attorney's fees and costs,for injuries,or damages to any person,arising from Renter's actions or rental activity,or
in any way related to this agreement, or any default or breach of any term of this agreement by Renter. The City reserves the right to
refuse any applicant that is not consistent with the City's policies,or determined,in the sole and absolute discretion of the City,not to be
in the City's best interest.
• Renter is solely responsible for obtaining all necessary permits for their event, and shall not hold the City liable for PPRD's failure to list
any necessary permits. Renter is subject to all City Ordinances,including noise regulations,prohibitions on drinking,and prohibitions on
disorderly conduct,and all applicable state law.Failure to abide by any ordinance or law will immediately void this agreement and Renter
will be required to immediately vacate the facility or field at Renter's sole cost,and all deposits or fees shall be forfeited to the City.
• The City of Pueblo is not liable for delays in delivery, and/or non-delivery in the event of Force Majeure, action by any governmental or
quasi-governmental entity, fire, flood, insurrection, riot, explosion, strikes (whether legal or illegal), labor or material shortage,
transportation interruption of any kind,work slowdown,or any condition beyond the control of the City of Pueblo affecting production of
delivery in any manner.
• Nothing in this agreement is intended,nor should it be construed,to create any rights,claims,or benefits or assume any liability for or on
behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the
Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. Nothing herein shall constitute, nor be deemed to constitute, the
creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo,contrary to Article
X,§20 Colorado Constitution or any other constitutional,statutory or charter debt limitation.
• This agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado.
• This agreement shall not be assigned by Renter without the prior written consent of the City,which consent may be granted,denied,or
conditioned in City's sole and absolute discretion.
By signing below, I hereby acknowledge that I have full authority to execute this agreement on behalf of myself, my company,organization,or
association, have completed the information to the best of my knowledge, read the above terms, and agree to all applicable rules and
guidelines.
Requested Renter's Name(Please Print)
Requested Renter's Signature Date
2
EXHIBIT C
PUEBLO COUNTY SCHOOL DISTRICT 70
ADMINISTRATIVE SERVICES CENTER
24951 Highway 50 EAST PUEBLO, COLORADO 81006
TELEPHONE: 719-542-0220
APPLICATION FOR BUILDING OR FACILITY USE
GENERAL,NON-COMMERCIAL OR COMMERCIAL
Use of Pueblo School District 70 facilities used by an individual must provide Pueblo
County School District 70 a Certificate of Liability from an insurance company making
the School District the Certificate Holder and Additionally Insured or building use will be
denied.
Name of Building Requested
Areas requested: Auditorium Kitchen Football Field
Gymnasium Lunchroom Classroom(s) Media Center
Other Baseball Field Soccer Field Softball Field
(Notes)
PROGRAM PARTICIPATING IN:
(Runyon Field, YMCA, City Parks and Rec.,County Parks and Rec., PW Parks and Rec.)
SIGNATURE OF SUPERVISOR OF PROGRAM
CONTACT NUMBER(office) (cell)
Type of Activity: From (date):
To(date):
Total No. Hours From: To:
Anticipated age of those in attendance: to years of age
Number of persons expected to attend: (Over 20 security is required at
Applicant's expense—at Principal's discretion)
Hourly Rate Custodial Security Total/hour
Equipment Rental Inclement Weather Deposit
(To be refunded minus $5.00 if not used)
(All Rental Fees must be paid in advance of activity)
Name of Applicant's
Organization
Name of Applicant
Address of Applicant
Deposit Paid(10%) $ Today's Date
CONDITIONS OF RENTAL
1. Application for use or rental shall be channeled through the building Principal's office two weeks prior to
date requested.
2. The signer of the application shall be considered the legal agent of the organization or group and, as
such, be responsible for compliance with all conditions for the use of facilities.
a. Any individual, group or organization using school property as provided under this policy shall hold
the Board of Education, individual Board members and all district officers, agents and employees
free and harmless from any loss, damage, liability, cost or expense that may arise during or be in
any way caused by such use or occupancy. When using school facilities, the organization may be
required to furnish satisfactory liability insurance protection.
3. Rental fees for Building and Facility use are payable in advance for dates specified on application.
4. Request for microphones, rostrum, chairs and stage lights shall be made available for an additional
charge.
5. After approval, the applicant's copy will be returned to the address given. This copy will serve as the
applicant's identification to the custodian of the building and will be the copy required for entry each time. The
custodian or designated school representative is required to deny the use of the building unless a properly
approved application is presented. The user will, at the time of application, will submit a written request for
room arrangements and furnishings required.
REGULATIONS
1. Persons using the building must confine themselves to the rooms and corridors assigned for their use
and to the approved times. Areas must be vacated completely at the approved time. Failure to comply may
result in facility use privileges being denied.
2. When a school is occupied, a school custodian must be present. Organizations using Pueblo County
School District 70 facilities shall not negotiate with or pay any custodian or other District personnel for services
rendered.
3. The use and possession of alcoholic beverages by any person or groups in Pueblo County School
District 70 facilities is strictly prohibited. Smoking or tobacco use in Pueblo County School District 70 buildings
is strictly prohibited.
4. No person shall be permitted on the gymnasium floor for athletic participation without gym shoes.
5. Gymnasiums shall not be rented to a non-school sponsored group for a dance.
6. Bingo or any form of gambling shall not be permitted in Pueblo County School District 70 facilities.
7. Keys to District building or facility shall not be issued or loaned to any individual other than authorized
District personnel.
8. Notice of cancellation of a District facility must be made 3 days prior to scheduled time in order to
ensure a refund of rental cost. In case of a weekend rental it must be cancelled by 10:00 a.m. on Friday
preceding the scheduled time.
9. If admission or a registration fee is charged, the applicant must provide the District with a complete
accounting of all ticket sales and/or registrations.
10. Failure to comply with the Building Rental Rules and Regulations of Pueblo County School District 70
or causing unnecessary damages to a building will result in cancellation of the rental permit and further use of
any District Facility.
11. The approved party will be responsible for all damages and losses to the school facility and/or the
contents and must indemnify and hold harmless the Board and its employees from any claim resulting from or
arising out of the use of the school facilities named in the application or any part of the facilities covered in the
application. The Board will not be held responsible for any damage or loss which may occur to non-school
property brought on the premises. Such property must be removed from the facility immediately after the use
or before such time that the materials will interfere with school activities.
Verify and Agree Date
Principal Date
Forwarding Principal Date
EXHIBIT D
RESOLUTION NO. 12304
A RESOLUTION ESTABLISHING THE ADDITION OF ANNUAL
GREEN FEE AND COLLEGE STUDENT PASSES AT WALKING
STICK MUNICIPAL GOLF COURSE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1. ANNUAL GREEN FEE PASS
A. The sum of money required to be paid in full (without pro-rating for less than 12 months) in
order to permit a person to play upon the City Municipal Golf Courses and for a triple pass to
play upon City Municipal Golf Courses and the County Desert Hawk Golf Course for a period
from January 1 to December 31, 2012 and each subsequent calendar year, otherwise referred
to as the Annual Green Fee Pass, shall be as follows:
ELMWOOD GOLF COURSE:
ADULT (19 yrs. & over) (Everyday) $420.00
SENIOR (60 yrs. & over) (Weekdays Only—no Holidays)** $200.00
SENIOR (60 yrs. & over) (Weekdays Only— North Course) $135.00
JUNIOR (18 yrs. & under) (Everyday) $150.00
FAMILY (Husband, Wife & Children 18 yrs. & under) (Everyday) $700.00
FAMILY (Husband and Wife) (Everyday) $630.00
WALKING STICK GOLF COURSE:
ADULT (19 yrs. & over) (Everyday) $420.00
SENIOR (60 yrs. & over) (Weekdays Only—no Holidays)** $200.00
COLLEGE STUDENT (Full-Time College Student with ID)
(Weekdays Only—no Holidays)** $200.00
JUNIOR (18 yrs. & under) (Everyday) $150.00
FAMILY (Husband, Wife & Children 18 yrs. & under) (Everyday) $700.00
FAMILY (Husband and Wife) (Everyday) $630.00
COMBINED - WALKING STICK & ELMWOOD GOLF COURSE:
ADULT (19 yrs. & over) (Everyday) $525.00
SENIOR (60 yrs. & over) (Everyday) $400.00
FAMILY (Husband &Wife) (Everyday) $750.00
FAMILY (Husband, Wife & Children 18 yrs. & under) (Everyday) $840.00
ADULT (19 yrs. & over) (Weekdays only—no Holidays)** $365.00
JUNIOR (18 yrs. & under) (Weekdays Only —no Holidays)** $250.00
TRIPLE PASS— ELMWOOD, WALKING STICK & DESERT HAWK GOLF COURSES:*
ADULT (19 yrs. & over) (Everyday) $918.00
ADULT (19 yrs. & over) (Weekdays only—no Holidays)** $645.00
SENIOR (60 yrs. & over) (Everyday) $828.00
JUNIOR (18 yrs. & under) (Weekdays only—no Holidays)** $387.00
FAMILY (Husband & Wife) (Everyday) $1,335.00
FAMILY (Husband, Wife, Children 18 yrs. & under) (Everyday) $1,500.00
*Revenues from the Triple pass will be dispersed equally among the three golf courses.
**Holidays do not include Martin Luther King, Jr. Day, Presidents' Day, and Columbus Day.
B. All Annual Green Fee Passes shall be paid in full before they may be used and are not
refundable in whole or in part. No portion of a Daily Green Fee shall be credited to an Annual
Green Fee Pass. No portion of an Annual Green Fee Pass shall be credited to any entry fee for
a non-City sponsored golf tournament played upon the municipal courses.
SECTION 2. DAILY GREEN FEE PASS
A. The sum of money required to be paid in order to permit a person to play the City Municipal
Golf Courses on any given day, otherwise referred to as the Daily Green Fee Pass, shall be as
follows:
ELMWOOD GOLF COURSE:
South Course (18 holes or any portion thereof):
Weekdays $14.00
Saturday, Sunday & Holidays $16.00
Twilight Program— Back 9 holes
Before 8:00 a.m. & after 4:00 p.m. $10.25
North Course (9 holes or any portion thereof):
Weekdays, Saturday & Sunday $7.00
Seniors &Juniors:
North Course (9 holes or any portion thereof):
All Days Junior $5.00
Weekdays Only Senior $5.00
South Course (18 holes or any portion thereof):
All Days Junior $9.00
Weekdays Only Senior $10.00
WALKING STICK GOLF COURSE:
18 holes or any portion thereof:
Weekdays $14.00
Saturday, Sunday & Holidays $16.00
Twilight Program— Back 9 holes
Before 8:00 a.m. $10.25
After 4:00 p.m. $10.25
Junior (18 yrs. & under) All Days $9.00
Seniors Weekdays Only $10.00
B. Upon the recommendation of the Director of Parks and Recreation, the City Manager is
authorized to implement a Promotional Daily Fee Package in the form of a discounted fee for an
18 hole round of golf that includes the daily green fee, cart fee and trail fee. The Promotional
Daily Fee Package may be made available at either Elmwood or Walking Stick courses on
hours and on days to be determined based on course availability.
C. There shall be no waiver of the daily green fees for any type of play.
SECTION 3. TRAIL FEE
A. In addition to the applicable annual green fee and the daily green fee, each player shall pay
the trail fee for each nine holes or portion thereof. Junior residents of the City and County of
Pueblo shall pay $3.00, all other Juniors $4.00 (except for Daily Green Fee Pass for Juniors,
$3.00 total trail fee regardless of 9 or 18 holes). Adult residents of the City and County of
Pueblo shall pay $5.00 per nine holes, Active and Retired Military Personnel $5.00 per nine
holes, all other Adults $8.00 per nine holes.
B. There shall be no waiver of the trail fees for any type of play.
SECTION 4. GOLF CART FEES
A. The sum of money required to be paid in order to rent a City owned golf cart to use while
playing the City Municipal Golf Courses on any given day, otherwise referred to as the Daily
Golf Cart Rental Fee, shall be as follows:
18 Holes any portion thereof:
Two riders $24.00
One rider $15.50
Senior (60 yrs. & older)-Two Riders-
Weekdays only $16.00
Senior (60 yrs. & older)-One Rider-
Weekdays only $10.50
9 Holes or any portion thereof:
Two riders $12.50
One rider $9.25
Senior (60 yrs. & older)-Two Riders-
Weekdays only $12.00
Senior (60 yrs. & older)-One Rider
Weekdays only $8.25
B. Motorized golf carts shall be operated in compliance with all rules and regulations issued by
the Director of Parks & Recreation. Failure to abide by such rules and regulations may result in
the cancellation of golf cart rental privileges.
C. No privately owned motorized golf carts shall be permitted upon the Walking Stick Golf
Course.
SECTION 5. PRIVATELY OWNED MOTORIZED GOLF CARTS
A. The sum of money required to be paid (in full without pro-rating for less than 12 months) in
order to permit a registered, privately owned golf cart to be used on the Elmwood Municipal Golf
Course from January 1 to December 31 of each year shall be as follows:
Person with a disability and Seniors $325.00
The golf cart registration charges do not include any storage, electrical or maintenance facilities
or services.
B. All golf carts must be registered in the name of the user (no more than two persons). The
registration will describe the golf cart and the names and addresses of the registered users. No
golf cart shall be registered after April 30, 1988 except a golf cart mechanically modified in a
material manner to accommodate its use by a person with a disability who without such
modification would be unable to access the golf course.
C. Only a registered user may operate a golf cart on the golf course. A registered user may
permit a non-registered user to occupy the golf cart with the registered user. Golf carts shall not
be used by a non-registered user except as provided in this paragraph C. Golf cart registration
may not be transferred to another golf cart or person.
D. Golf cart registrations may be renewed each year upon payment of the registration charge
before January 1 of each year provided the golf cart is properly insured and has passed
inspection by the Superintendent of Fleet Maintenance. Failure to timely renew shall result in
the permanent cancellation of the registration for the golf cart. Applications for registration and
annual renewal of registration shall be on forms furnished by the Parks and Recreation
Department and signed by the user. Golf Cart registration charges are not refundable in whole
or in part.
E. Golf carts shall be operated in compliance with all rules and regulations contained in the
application forms and issued by the Director of Parks and Recreation. Failure to abide by such
rules and regulations may result in the cancellation of the golf cart registration.
SECTION 6. DRIVING RANGE FEES
A. The sum of money required to be paid in order to rent a container of driving range golf balls
for use at the City Municipal Golf Course driving range facilities shall be as follows:
Small container/not less than $4.00
Junior small container/not less than $1.50
Large container/not less than $5.00
Junior large container/not less than $2.00
B. There shall be no waiver of driving range fees for any type of play.
SECTION 7. SCHOOL TEAMS
School District Number 60 and 70 high schools and the Colorado State University —
Pueblo varsity golf teams may use the Municipal Golf Courses under the direct personal
supervision of the team golf coach subject to rules, fees, and managerial policy adopted by the
Department of Parks and Recreation with the approval of the City Manager provided such use
does not interfere with the use of the facilities by the general public.
SECTION 8. RESCISSION OF PREVIOUS RESOLUTIONS
All other Resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 9.
This Resolution shall become effective upon final passage.
INTRODUCED: January 23, 2012
BY: Steve Nawrocki
COUNCILPERSON
APPROVED: /. ///e
ATTEST: PRE E OF ITY COUNCIL
City Ierk
EXHIBIT E
RESOLUTION NO. 12547
A RESOLUTION ESTABLISHING FEES TO BE PAID FOR PLAY
UPON ELMWOOD AND WALKING STICK MUNICIPAL GOLF
COURSES AND RESCINDING ALL OTHER RESOLUTIONS
RELATING TO SUCH FEES
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
material deleted; underscoring indicates new material being added)
SECTION 1.
A. In addition to the daily green fee, each player is required to pay a trail fee for each
nine holes or portion thereof to play upon the City Municipal Golf Courses. The trail fee
per nine holes from January 1, 2013 to December 31, 2013 will be as follows:
WALKING STICK GOLF COURSE
Adult (19 yrs. & over) Residents of the City and County of Pueblo [$5.00] $6.00 per nine holes
Adult (19 yrs. & over) Non-Residents [$8.00] $9.00 per nine holes
Junior (18 yrs. & under) Residents $3.00 per nine holes
Junior (18 yrs. & under) Non-Residents $4.00 per nine holes
Active and Retired Military Personnel [$5.00] $6.00 per nine holes
B. The trail fee per nine holes beginning January 1, 2014 will be as follows:
WALKING STICK GOLF COURSE
Adult (19 yrs. & over) Residents of the City and County of Pueblo $7.00 per nine holes
Adult (19 yrs. & over) Non-Residents $10.00 per nine holes
Junior (18 yrs. & under) Residents $3.00 per nine holes
Junior (18 yrs. & under) Non-Residents $4.00 per nine holes
Active and Retired Military Personnel $7.00 per nine holes
ELMWOOD GOLF COURSE
Adult(19 yrs. & over) Residents of the City and County of Pueblo [$5.00]$6.00 per nine holes
Adult (19 yrs. & over) Non-Residents [$8.00]$9.00 per nine holes
Junior (18 yrs. & under) Residents $3.00 per nine holes
Junior (18 yrs. & under) Non-Residents $4.00 per nine holes
Active and Retired Military Personnel [$5.00]$6.00 per nine holes
C. There shall be no waiver of the trail fees for any type of play.
SECTION 2.
All other Resolutions or parts of Resolution in conflict herewith are hereby repealed.
SECTION 3.
This Resolution shall become effective upon passage, but the fees and changes set
forth shall become effective January 1, 2013.
INTRODUCED: December 10, 2012
BY: Leroy Garcia
COUNCIL PERSON
APPROVED: .,I,/ . 'die
ATTEST: cr PRE ' OF ITV COUNCIL
City alerk