HomeMy WebLinkAbout20131568.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- MINIATURE HORSE 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 Miniature Horse 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 Miniature Horse 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 24th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: en44 .,,.¢, „
Weld County Clerk to the Board
APPROVED AS TO FORM:
4
Date of signature: JUL 0 2 2013
Garcia, Chair
acher, Pro-Tem
an P. Conway
Mike Freeman
Q .
t3arbara Kirkmeyer
eel E-Ar
/x-20/3
2013-1568
EX0026
2013 WELD COUNTY FAIR
MINIATURE HORSE ASSOCIATION
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this S44" day of },,,� . , 2013, by and between
the Board of County Commissioners of Weld County, Colorado, 915 10`h Street, Greeley,
Colorado 80631, hereinafter referred to as "County," and the Miniature Horse Association,
hereinafter referred to as "Contractor."
WITNESSETH: County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree that Contractor shall produce one Miniature Horse Show ("the
Performance") for the 2013 Weld County Fair to be held on July 26, 2013, at the Island Grove
Park Arena in Greeley, Colorado, at a time set by the County, pursuant to the following terms
and conditions:
SECTION I -- CONTRACTOR RESPONSIBILITIES
1. Production of the Performance.
2. All horses entering the grounds for the Performance shall present to the Weld County
Fair Board a valid health certificate issued by an accredited veterinarian within ten days
prior to the Performance.
3. At the conclusion of the Performance, Contractor shall be responsible for clean up and
leaving the arena and any areas utilized by Contractor or participants in substantially the
same condition as prior to set-up for the Performance.
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 the Event. 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
General Aggregate
$1,000,000
$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
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
2013-1568
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.
SECTION II - COUNTY RESPONSIBILITES
For the Performance, County shall provide the following:
1. Facility and sound equipment to produce the Performance.
2. Personnel and equipment to work the arena, as needed.
SECTION III — TERM
The term of this Agreement shall commence upon the date of execution by both
Contractor and County, and end on July a3.''- , 2013, after the completion of the
Performance and any associated clean up or post -Performance activities.
SECTION IV — PAYMENT AND FEE SCHEDULE
Contractor shall pay the following fees:
Exhibitors have the availability of stalls for a fee of:
• $15.00 per stall ($5.00 to City of Greeley, $10.00 cleaning fee to 4-H for stall
cleaning)
2
County shall not be obligated to pay any Contractor costs or expenses not specified in this
Section.
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 County, its officers, agents, and
employees for, 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) as a result of Contractor's
performance or failure to perform pursuant to the terms of this Agreement. 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
Event 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 this Agreement and
pursue any remedy recognized by Colorado law.
SECTION VIII — MUTUAL UNDERSTANDINGS
I. Integration of Understanding. This Agreement contains the entire understanding of the
parties hereto and neither it, nor the rights and obligations hereunder, may be changed,
modified, or waived except by an instrument in writing that is signed by the parties hereto.
3
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 to this
Agreement 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 County and Contractor, shall be for the
sole and exclusive benefit of 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. Compliance with Law. 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.
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.
8. 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.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTES :
CLERK OF THE BOARD ,�►' �a•_ -..�� CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
Deputy Cie
Date:
to t e Board
JUN 2 4 2013
William F. Garcia, Chairman
Date:
JUN 2 4 2013
4
&a/3 -1,568
Appro d as to fo
ell County Attorney
Date:
JUN 2 4 2013
Approved as to substance:
Terry Sandmeier, President
Weld County Fair Board
CONTRACTOR:
Miniature Horse Association
Title: Suety
Date: e; c.0J
Hello