The URL can be used to link to this page

Browse Search

Home My WebLink About20131405.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CORVETTES WEST CAR CLUB CHAPTER 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 the Corvettes West Car Club Chapter, 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 the Corvettes West Car Club Chapter, 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 10th day of June, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNT , COLORADO Weld County Clerk to the Boar BY: Depu AP Date of signature: dunty Attorney JUN 18 2013 Dougtas Raderffacher, Pro-Tem Sean P. Conway Mike Freeman Barbara Kirkmeyer CC: CA ce 2013-1405 EX0026 2013 WELD COUNTY FAIR CORVETTES WEST CAR CLUB CHAPTER PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this / 3 of I 114g1 , 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 Corvettes West Car Club Chapter, hereinafter referred to as the "Contractor." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall organize, produce, and conduct one Corvette automobile show (hereinafter "Vette Fest") for the 2013 Weld County Fair to be held on July 28, 2013, starting at 9:00 a.m., at Island Grove Park in Greeley, Colorado, pursuant to the following terms and conditions: SECTION I -CONTRACTOR RESPONSIBILITIES I. Contractor agrees to safely conduct Vette Fest to provide maximum protection for the participants and the public. 2. Contractor shall strictly comply with all applicable federal, State of Colorado, and County and municipal laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 3. Contractor shall ensure that alcohol is not consumed on the Weld County Fairgrounds by any Vette Fest attendee and shall promptly report any incidents of alcohol consumption to Fair staff. 4. Contractor shall ensure that noise levels at Vette Fest shall not disturb Fair attendees or interfere with other events occurring at the Fair and shall promptly comply with requests from Fair staff to reduce noise levels. 5. Contractor shall not use, or allow attendees to use, all terrain vehicles (ATV's), golf carts, or similar vehicles during Vette Fest unless such vehicles have been previously approved by Fair staff and are used in conformance with any limitations imposed by Fair staff. 6. 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 $2,000,000 General Aggregate $2,000,000 2013-1405 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 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. 7. Contractor shall provide all personnel to set-up, conduct, clean up after Vette Fest. 8. Contractor at its own expense shall provide all prizes to attendees and competition winners except for Weld County Choice Plaque which shall be provided by Weld County pursuant to Section 11(3) of this Agreement. 9. At the conclusion of Vette Fest, 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. Contractor shall ensure that that all clean up shall be completed by the close of the Weld County Fair on July 28, 2013. SECTION II -COUNTY RESPONSIBILITES For Vette Fest, County shall provide or perform the following: 1. Advertise and promote the Vette Fest in advance, as appropriate, with advertising for other Weld County Fair events, including the fair book. 2. Provide sufficient area within Island Grove Park to accommodate the parking and showing of approximately 150 Corvettes. Access to the area designated by County on July 28, 2013, shall be allowed beginning at 7:00 a.m. 3. Provide one plaque prior to July 28, 2013, to be used by Contractor as a prize for Weld County Choice plaque. SECTION HI —TERM The term of this Agreement shall commence upon the date of execution by both the Contractor and the County and end on July 28, 2013, upon the completion of the responsibilities set forth in this Agreement. SECTION IV — PAYMENT AND FEE SCHEDULE County shall not be obligated to make any monetary payment to Contractor for its services. 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' Comnensation benefits from the County. Contractor further understands jhat 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 third party or Contractor arising during the term of this Agreement and resulting from Vette Fest or failure of either party 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 L ]ptegration 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. 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 §§_4-I0- jgj 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 BOA 'T ,r w:_ �\ CHAIRMAN OF THE BOARD OF Date: Deputy Cler to the Board Chairman JUN 102013 Approved as to form - Weld County Attorney LD COUNTY COMMISSIONERS 61/4 ( Date: William F. Garcia JUN 1 0 2013 CONTRACTOR: Pat Darnell, President re, _Sf/C /_3 aci� /cos Corvettes West Car Club Chapter Date: IJUN 1 0 2013 Date: Approved as to substance: Weld County Fair Board 1 ICERTIFICATE OF LIABILITY INSURANCE AcI On TE IMMIOOM'W 4/z./13 HOLDER. AUTHORIZED I j THIS to THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CETIFIATE DES NOT AFIRMATIVELY OR BELOWC THIS CCERTFIICATEFOF INSURANCE DOES NOT LCONSTITUTE Y AMEND, XA ECONTRACT ND OR TBETWEEN ER THE OTHE RSSUNGAGE AFFORDED DNSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the In lieu of such endorsement(s).. certificate holder PRODUCER ' revised J.C. Taylor, Inc. 320 S. 69th St. Upper Darby, Pa. 19082 CONTACT n T,Orerrm PPTring NAME: FAX PHONE —Rnn-277—FT7Rh1 i/In I (A/C, No): INC No EstI'I EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: Maryland Casualty INSURED 4 'The Association of Chevrolet Enthusiasts C/o Matt Jordan 5200 S. Washington Ave. Titusville, FL 32780 INSURER B: _. C: INSURER INSURER O: INSURERS: INSURERS: REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTtFY THAT THE POLICIES ANYREQUIREMENT, TERM OCE EDR CONDITIONHAVE OFBEEN ANY CONTRISSUED CT O THE OTHER DOCUMENT WITH RESPECT URED NAMED ABOVE FOR THE TO ICY II'i PERIOD THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYIPAID SUER ' POLICY POLICY X1 MO POLICY NUMBER tMlAIDDIYYYYi IMMIODNYYYI INSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS.MADE X OCCUR GENL AGGREGATE LIMIT APPLIES PER: POLICY IFPRO- J:T LOC AU X OMOBILE LIABILITY ANY AUTO ALL OWNED - SACHEDULED AUTOS -" N0NOVMAED HIRED AUTOS a AUTOS A UMBRELLA LIAR EXCESS LIAB DEO I RETENTIONS X OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? (Mandatory In NH] II yes. describe under DESCRIPTION Of OPERATIONS below ADOL INSR N/A PPS02033944 PPSO2O33944 PPS02033944 1/16/13'1/16/14 1/16/13 1/16/13 1/16/14 1/1644 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES IF, occurrence) MED EXP (Any one person) PERSONAL B AOV INJURY GENERAL AGGREGATE PRODUCTS • COMP/OP AGG COMBINE))) INL,LE LIMIT (Ea ecdden) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE IPel accident) EACH OCCURRENCE AGGREGATE I TORY I I ITS I FR E.L. EACH ACCOENT E.L DISEASE . EA EMPLOYEE 3 E.L. DISEASE • POLICY LIMIT S $1,000,000. $1,000,000. s10,000. $1,000,000 5 7 non _ono $ 2,000,009 $1.000.000.-- 3 $ $2,000,000. 52,000,000. S $ DESCRIPTION OF OPERATIONS I LOCATIONS I VENIC ES IAIINCI ACORO let, AddnlonM Remarks Schedule II more space is regwredl Island Grove Regional Park Corvettes West• 28, 2013 525 North 15th Ave. Car Club Chapter Car Show July Greeley, CO CERTIFICATE HOLDER Weld County Fair CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) G44i CZfAC�cL ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello