HomeMy WebLinkAbout20131051.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- COLORADO GARDEN TRACTOR PULLERS ASSOCIATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Professional Service Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Fair Board, and Colorado Garden Tractor Pullers Association,
commencing from the date of execution by the Board of County Commissioners, for the 2013 Weld
County Fair, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Professional Service Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Fair Board, and Colorado Garden Tractor Pullers Association, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO Y, COLORADO
ATTEST: tYmA-o-o.,
Weld County Clerk to the
BY:
Deputy Clerk to the Boar
ounty Attorney
Date of signature: 54
etb,
Sean P. Conway
11.0 _
Mike Freeman
EXCUSED
Barbara Kirkmeyer
Cf eA
to
2013-1051
EX0026
2013 WELD COUNTY FAIR
COLORADO GARDEN TRACTOR PULLERS ASSOCIATION
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this of 49elG- , 2013, by and between the
Board of County Commissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado
80631, hereinafter referred to as the "County," and the Colorado Garden Tractor Pullers
Association, hereinafter referred to as the "Contractor" or "CGTPA."
WITNESSETH, County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree that Contractor shall organize, produce, and conduct one garden
tractor pull competition ("Competition") for the 2013 Weld County Fair to be held on July 27,
2013, starting at 11:00 a.m., at the Island Grove Park Arena in Greeley, Colorado, pursuant to the
following terms and conditions:
SECTION I -CONTRACTOR RESPONSIBILITIES
1. Contractor agrees to safely conduct the Competition and any classes throughout the
duration of this Agreement to provide maximum protection for the Competition
contestants ("Contestants") and the public.
2. Contractor shall require all Contestants in the Competition to read and sign the 2013
WELD COUNTY FAIR GARDEN TRACTOR PULL RELEASE, HOLD HARMLESS,
AND INDEMNIFICATION, attached to this Agreement as Attachment A and
incorporated herein by reference.
3. Contractor shall strictly comply with all applicable federal, State of Colorado, and
County laws, rules and regulations in effect or hereafter established, including without
limitation, laws applicable to discrimination and unfair employment practices.
4. Contractor shall maintain insurance and strictly adhere to the following insurance related
requirements as follows:
a. Commercial General Liability Insurance. Contractor shall furnish to County a
certificate of insurance for commercial general liability upon notification of award
and prior to Competition. The commercial general liability insurance policy shall, at
a minimum, include coverage for property damage and bodily injury covering injuries
to Contractor, Contractor's employees, participants, audience members, volunteers, or
any other person in attendance at the Weld County Fair arising out of the Contractor's
activities. The comprehensive general liability insurance shall be in the following
minimum amounts:
Each Occurrence $1,000,000
General Aggregate $1,000,000
Contractor's comprehensive general liability insurance policy or certificate of
insurance shall be issued to include Weld County as an additional insured party and
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policy or certificate of insurance shall be endorsed to state that coverage shall not be
suspended, voided, or cancelled without thirty (30) days prior written notice to the
County by certified mail, return receipt requested. Contractor agrees that
Contractor's comprehensive general liability insurance shall be the primary coverage
for any and all losses or injuries resulting from Contractor's activities pursuant to this
Agreement. Performance shall not commence under this Agreement until Contractor
has submitted to the County and received approval thereof.
b. Contractor agrees to maintain automobile liability insurance as required by Colorado
State statutes for all automobiles associated with performance of the Contractor's
obligations under this Agreement. Where applicable, Contractor further agrees to
maintain Workers' Compensation Insurance as required by Colorado State statutes.
c. All insurers of Contractor must be licensed or approved to do business in the State of
Colorado.
d. Any and all deductibles contained in any insurance policy referred to in this
Agreement shall be assumed solely by, and at the sole risk, of Contractor.
e. At any time during the term of this Agreement, the County may require Contractor to
provide proof of the insurance coverage or policies required herein. Upon failure of
Contractor to furnish, deliver and/or maintain such insurance as provided herein, this
Agreement, at the County's election, may be immediately declared suspended,
discontinued, or terminated. Failure of Contractor to obtain and/or maintain any
required insurance shall not relieve Contractor from any liability under this
Agreement, nor shall the insurance requirements be construed to conflict with any of
the Contractor's indemnification obligations.
5. Contractor shall provide a garden tractor pulling sled with weights. An operator provided
by Contractor will handle operation of the sled during the Competition. Contractor is
responsible for transportation of the sled to and from the Competition.
6. Contractor shall provide distance measuring equipment and crew as necessary.
7. Contractor shall provide pull start personnel and a track flagman with red and green flags.
8. Contractor shall mark track boundary using cones and/or limed lines. Contractor will
layout track boundaries prior to the start of the Competition and remove cones when the
Competition is complete.
9. Contractor shall provide scale equipment to weigh all competing tractors and shall
monitor weighing. Scales will be positioned behind the track starting line and all tractors
will be weighed prior to their first hook in each class in which they are entered.
10. Contractor shall provide entry forms for competitors as needed, and order of pull sheets
describing classes and order of pullers in each class.
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11. Contractor shall provide pit pass armbands as necessary for competitors, crew members,
and Competition personnel.
12. Contractor shall collect entry fees per class entered from each participant. In addition,
Contractor shall collect an insurance fee from each competing tractor driver to cover the
cost of the $1million liability policy carried by CGTPA thru Allied Specialty Insurance
of Treasure Island, Florida.
13. Contractor shall include the pull on the CGTPA pull schedule, and promote the
Competition to CGTPA members on CGTPA website cgtpapull.com.
14. Contractor shall obtain entries from CGTPA members, and prepare an order of pull for
Contestants. Competition portion of pull will occur in an approximately 3-4 hour time
frame. Such time frame may be shortened or lengthened depending upon the number of
entries or other relevant factors.
15. Contractor shall provide experienced CGTPA announcer and scorekeeper personnel.
Contractor shall provide CGTPA competitor and other Competition related written
information to the announcer's booth for use during the Competition as appropriate.
Contractor shall transmit puller distance measurements to the announcer's booth.
16. Contractor shall arrange for the use of a skidsteer or other acceptable pullback vehicle
through Colorado Equipment or another supplier. Contractor shall provide a skidsteer
operator and coordinate operation of the skidsteer for track maintenance and sled
pullback.
17. Contractor shall encourage CGTPA members to participate in the Weld County Fair
sponsored parade held prior to the Competition, if applicable.
18. Contractor shall conduct the Competition in accordance with rules, classes, etc as
described in the CGTPA rulebook.
19. Contractor shall provide awards at its own expense for each class run based on CGTPA
rulebook.
20. At the conclusion of the Event, Contractor shall be responsible for clean up and leaving
any areas utilized by Contractor or the Contestants in substantially the same condition as
prior to set-up for the Competition.
SECTION II -COUNTY RESPONSIBILITES
For the Competition, County shall provide or perform the following:
1. Advertise and promote the Competition in advance, as appropriate, with advertising for
other Weld County Fair events, including the fair book.
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2. Provide a level track area approximately 180' long and 25' wide, including 30' open
space minimum at each end. Note: actual competition portion of track is 150' long, and
15' wide — additional space is used to position the sled and pullback skid steer (or
tractor), sled weights, maintenance equipment, etc. The top 3-4" of the track shall be
graded if necessary.
a. Provide tractor, leveling equipment, and operators to prepare, water, and pack track as
requested by CGTPA track manager.
b. Prepare and water track one day in advance if possible. In any case, track preparation
must be completed at least 2 hours in advance of competition start time.
c. Provide track watering hose during pull.
3. Allow CGTPA access to pull area and pit area approximately 3 hours before scheduled
competition start time, and approximately 4 hours after scheduled competition start time.
Provide track watering hose.
4. Limit access to track area to CGTPA competitors, crew members, track, and event
personnel only.
5. Disallow any and all alcoholic beverages, including beer and wine, from the pit and track
area at all times by all persons (immediately before, during, and immediately after the
pull).
6. Provide a designated pit area where CGTPA pullers can park their trucks, trailers, etc.
used to haul tractors, sled, and related equipment to the event.
7. Provide spectator seating in the main Island Grove grandstand and a barrier to separate
the pull area from spectators in the grandstand.
8. Provide restroom facilities and food concessions for CGTPA personnel and for
spectators.
9. Make arrangements for acceptance of CGTPA pit passes to allow CGTPA competitors
and other CGTPA personnel access to the fairgrounds and the tractor pull arena, parking,
etc., as appropriate.
10. Provide 2 portable tables with 6 chairs and a canopy, or canopies, to shade the tables for
use by CGTPA personnel.
11. Allow CGTPA announcer to use the Island Grove main grandstand public address system
with two portable microphones to play the national anthem and to announce the garden
tractor pulling event.
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SECTION III — TERM
The term of this Agreement shall commence upon the date of execution by both the
Contractor and the County and end on July 27, 2013, upon the completion of the responsibilities
set forth in this Agreement.
SECTION IV — PAYMENT AND FEE SCHEDULE
County shall pay Contractor $395.00 (three -hundred and ninety-five dollars), upon
satisfactory performance of the Contractor's duties. County shall not be obligated to pay any
Contractor costs or expenses not specified in this Section IV.
SECTION V - INDEPENDENT CONTRACTOR
Pursuant to Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended,
Contractor understands that it and its employees and servants are independent contractors not
entitled to Workers' Compensation benefits from the County. Contractor further understands
that it is solely obligated for the payment of federal and state income tax on any moneys earned
pursuant to this Agreement.
SECTION VI - INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the Weld County Fair Board, its
officers, agents, employees, and volunteers, and County, its officers, agents, employees, and
volunteers, from and against any and all claims, suits, expenses, damages, or other injury to
persons, entities, or property caused or sustained by any person(s) arising during the term of this
Agreement and resulting from the Competition or failure to perform pursuant to the terms of this
Agreement.
Notwithstanding the expiration of this Agreement upon the expiration of the term
specified in Section III of this Agreement, or termination of this Agreement pursuant to Section
VII of this Agreement, this Section VI regarding indemnification shall survive the expiration or
termination of this Agreement.
SECTION VII - TERMINATION
Time is of the essence in the performance of this Agreement. If Contractor is unable to
provide the services required by this Agreement during the specified term of this Agreement,
Contractor shall be deemed to have breached this Agreement and the County may obtain said
services from a third party and pursue an appropriate remedy for such breach pursuant to the
laws of the State of Colorado. Either party may terminate this Agreement for cause. An
aggrieved party must first notify the other party of the outstanding issue and allow one day to
cure or such longer period of time as is mutually agreed upon by the parties. If the performance
issue is not cured within the cure period, the aggrieved party may terminate the Agreement and
pursue any remedy recognized by Colorado law.
SECTION VIII - MUTUAL UNDERSTANDINGS
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1. Integration of Understanding. This Agreement and Attachment A contain the entire
understanding of the parties hereto and neither it, nor the rights and obligations
hereunder, may be charged, modified, or waived except by an instrument in writing that
is signed by the parties hereto.
2. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or
shall be construed to confer upon or to give to, any person other than the parties, any
right, remedy, or claim under or by reason of this Agreement of any covenant, terms,
conditions, or provisions hereof All covenants, terms, conditions, and provisions in this
Agreement, by and on behalf of the County and Contractor, shall be for the sole and
exclusive benefit of the County and Contractor.
3. Severability. If any provision of this Agreement is determined to be unenforceable or
invalid for any reason, the remainder of this Agreement shall remain in effect, unless
otherwise terminated in accordance with the terms contained herein.
4. Authorization. Each party represents and warrants that it has the power and ability to
enter into this Agreement, to grant the rights granted herein and to perform the duties and
obligations herein described.
5. Governmental Immunity. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-
101 et seq., as applicable now or hereafter amended.
6. Choice of Law and Venue. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts
with said laws, rules and/or regulations shall be null and void. Venue for any legal
dispute associated with this Agreement shall be in Weld County, Colorado. Should the
courts in Weld County not have jurisdiction over the legal dispute, the venue shall be the
nearest court in Colorado having jurisdiction.
7. Non -Assignment. The rights and responsibilities of either party pursuant to this
Agreement are not assignable without prior written permission from the other party.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
CLERK OF THE BOARD %^: 1%g;
Deputy Clerk'fo the Board
MAY 0 1 2013
Date:
CHAIRMAN OF THE BOARD OF
ELD COUNTY COMMISSIONERS
rman, i iam F. Garcia
MAY 0 1 2013
Date:
6
£ev?-/O /
Approved as t�orm: CONTRACTOR:
Randy Weber
Title: President CGTPA
Date: MAY 0 1 2013 Date:
Approved as to substance:
/
President
Weld County Fair Board
7
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EXHIBIT A
2013 WELD COUNTY FAIR GARDEN TRACTOR PULL
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
PARTICIPANT acknowledges that his or her participation in the competition put on by the
Colorado Garden Tractor Pullers Association carries with it certain risks of injury, damage, or other loss,
including death or permanent disability. The operation of a motorized vehicle pulling weights, involves
risks to the PARTICIPANT, or third persons, including, but not limited to, being rolled over and
crushed, run over, burned, killed, or temporarily or permanently disabled.
With complete understanding of the risks of participation in the competition, PARTICIPANT
hereby voluntarily releases and agrees to hold harmless and indemnify, on his or her own behalf and on
behalf of his or her heirs, successors, and assigns, the Fair Board and its officers, employees, agents, and
volunteers; the County of Weld and its employees, officers, and agents; the Board of County
Commissioners of the County of Weld; Weld County Extension; and their employees and officers (the
"Releasees"), from any and all claims and liability, past, present, or future, for any injury or damage to
PARTICIPANT, or to his or her property, resulting from any cause whatsoever occurring in the course
of the Competition, excepting only such injury or damage resulting from the willful and wanton acts of
the Releasees. The PARTICIPANT also agrees to hold harmless and indemnify the Releasees from any
and all claims and liability, past, present, or future, for any injury or damage to third parties, resulting
from the negligent or intentional acts of the PARTICIPANT occurring in the course of the event.
PARTICIPANT further understands that the Releasees may be immune to liability pursuant to
C.R.S. §§ 24-10-101, et. seq., by virtue of their governmental status. PARTICIPANT acknowledges
and agrees that this Release, Hold Harmless and Indemnification herein stated, is not intended to
circumvent or replace such immunities.
By signing this Release, Hold Harmless and Indemnification herein stated, the Participant and/or Parent
or Guardian acknowledges that he or she has read and understands all of the provisions contained herein.
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 27th day of July, 2013:
PRINTED NAME SIGNATURE
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EXHIBIT A
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 27th day of July, 2013:
PRINTED NAME SIGNATURE
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EXHIBIT A
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 27th day of July, 2013:
PRINTED NAME SIGNATURE
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EXHIBIT A
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 27th day of July, 2013:
PRINTED NAME SIGNATURE
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