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Home My WebLink About20121819.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - KRISTEN SMITH /YOUTH RODEO 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 Kristen Smith /Youth Rodeo, commencing from the date of execution by the Board of County Commissioners and ending July 29, 2012, 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 Kristen Smith /Youth Rodeo, 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 16th day of July, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. Co wa - it Weld County Clerk to the Board (/(f William Ga ia, .-Tern BY: 1,A,.. ��. A► IG /� Deputy t rk to a Boar'' v� s' v:�1�.4ritt /2/n 1861. e� p ara Kirkmeyr 1 VA 79RM SF-.1/bavid E Long / ounty Attorney ' ,! Dougla Radema er Date of signature: Y-/) It; C4 2012-1819 8 () / EX0026 Weld County Fair Board Youth Rodeo Professional Service Agreement THIS AGREEMENT is made this / of June, 2012, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to as "County," and Kristen Smith, hereinafter referred to as "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: SECTION I- SERVICES AND RESPONSIBILITIES OF CONTRACTOR Contractor shall produce one Youth Rodeo Event ("the Event") for the 2012 Weld County Fair to be held on Sunday, July 29, 2012 at 10:30 A.M. and lasting at least 6 to7 hours in duration , at the Island Grove Park Arena in Greeley, Colorado. Contractor shall, as part of producing the Event, provide the following: 1. All livestock as needed to produce the Event. As well as all personnel to handle said livestock. 2. Contractor will handle all entries and costs associated with producing, marketing and sponsoring the Event. All sponsors will need to meet the approval of the Weld County Fair Board and should not conflict with sponsors already procured by the Weld County Fair as determined by the Weld County Fair Board. Sponsors may not include alcohol or tobacco related sponsors and any other sponsors not deemed appropriate by the Weld County Fair Board. 3. Contractor shall be responsible for feeding and watering of all livestock. All animal feed shall be provided at Contractor's expense. 4. Contractor shall be responsible for all injured or loss of livestock. 5. Announcer(s) for the Event at Contractor's expense. 6. Personnel to runs chutes, gates, timers, flaggers and judges for the Event and any other personnel needed to produce the Event. 7. All payouts to contestants for the Event. 8. EMS services as needed or required. 9. Panels or gates to divide arena in conjunction with county equipment available. 10. All livestock to be used in the Event must have be accompanied by a official certificate of veterinary inspection (health certificate) issued by an accredited veterinarian within ten days of entry to the fair grounds and said certificate along with one photocopy presented to appropriate Fair personnel at arrival. 11. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, worker's compensation, and professional liability upon notification of award and prior to Event. Work shall not commence under this Agreement until Contractor has 1 2012-1819 submitted to the County and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Comprehensive General Liability Insurance: to include products liability, completed operations, contractual, broad from property damage and personal injury. Said insurance shall include coverage for any and all personal injuries to Contractor, Contractor's employees, participants, audience members, and volunteers arising out of the Event's activities. The Comprehensive General Liability Insurance shall be in the following minimum amounts: Each Occurrence $1,000,000 General Aggregate $1,000,000 b. Comprehensive Automobile Liability Insurance: To include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each occurrence) Personal Injury Protection As Required by Colorado Statutes c. Workman's Compensation Insurance: As Required by Colorado Statutes. 12. Contractor's Comprehensive General Liability Insurance policies and/or certificates of insurance shall be issued to include Weld County as additional insured parties and shall include the following provisions: a. The insurance company issuing the policy shall have no right of recovery or subrogation against Weld County, its officers, employees, or agents, it being the intent of Weld County and Kristen Smith, that the insurance policy so affected shall protect both parties and shall be the primary coverage for any and all losses resulting from the actions or negligence of Kristen Smith for injuries arising out of Kristen Smith activities. b. The insurance company issuing the policy shall have no recourse against Weld County, its officers, employees, or agents, for payment of any premiums due or for any assessments under any form of any policy. 13. Each insurance policy herein required 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. All insurers of Contractor must be licensed or approved to do business in the State of Colorado. 14. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor. 15. 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. 2 SECTION II -RESPONSIBILITES OF COUNTY. For the Event, County shall provide the following: 1. A facility to conduct roping including pens with water for holding livestock and equipment for preparing the arena for the Event. 2. Marketing support in marketing material produced following the signing of this contract. Including presence in the fair book, posters, brochures, print material, radio spots and website presence that the fair would already be procuring for the advertisement of the Weld County Fair. 3. Drink and food concessions for the Event as deemed necessary by the Weld County Fair Board. 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 Sunday, July 29, 2012, after the completion of the Event and any associated clean up or post-Event activities. SECTION IV-PAYMENT AND FEE SCHEDULE Contractor shall receive: 1. All entry fees for the event. 2. Contractor shall be responsible for all contestant payouts for the Event. 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 not entitled to workers' compensation benefits from 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 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 Event or failure to perform pursuant to the terms of this Agreement. SECTION VII-TERMINATION Time is of the essence in the Event 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 County may obtain said services of another 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. 3 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. In the Event such 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 1. Integration of Understanding This Agreement contains the entire understanding of the parties hereto and neither it, no 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 contract 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 contract on the day first above written. ATTEST: CLERK OF THE BOARD 18611 y e- IRMAN OF THE BOARD OF w`c.. ' ELD COUNTY COMMISSIONERS 16 2012 Cha i S y ean P. Cones 1 Date: JUL Date: JUL 1 6 2012 Approved as to form: CONTRACTOR: (9O47,7— /E/e A' Weld County Attorney's Office Kristen Smith Date: di`1)y{ �62 �� Date: (0-AC) Approved as to substance: / Terry do meier Weld County Fair Board President 5 2012 WELD COUNTY FAIR YOUTH RODEO RELEASE, HOLD HARMLESS, AND INDEMNIFICATION NAME OF PARTICIPANT IN WELD COUNTY FAIR YOUTH RODEO: ADDRESS: STREET CITY/TOWN STATE ZIP PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld County Fair Youth Rodeo carries with it certain risks of injury, damage, or other loss, including death or permanent disability. The handling, management, or riding of animals, involves risks to the PARTICIPANT, or third persons, including, but not limited to, being kicked, bumped, stepped upon, bitten, or thrown by the animal. With complete understanding of the risks of participation in the Weld County Fair Youth Rodeo, PARTICIPANT, or parent/guardian, 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; Weld County Fair 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 its employees, officers, and agents (the "Releases"), 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 Performance and/or Re-enactment, excepting only such injury or damage resulting from the willful and wanton acts of the Releases. The PARTICIPANT, or parent/guardian, also agrees to hold harmless and indemnify the Releases 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 Weld County Fair Youth Rodeo. PARTICIPANT, or parent/guardian, further understands that the Releases may be immune to liability pursuant to C.R.S. §13-21-119,for certain equine activities, or 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 Hold Harmless and Indemnification herein stated,the Participant and/or parent/guardian acknowledges that he or she has read and understands all of the provisions contained herein. Signed this day of ,2012. Signature of Participant or of Parent or Guardian if Minor Printed Name CERTIFICATE OF LIABILITY INSURANCE t'n6/(V29/2012' HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEC EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. )IPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tc le terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the 3rtificate holder in lieu of such endorsement(s). )OUCER CONTACT ;ANCIS L. DEAN & ASSOCIATES, LLC NAME: _ PHONEFAX 76 S. NAPERVILLE ROAD, BLDG-B (A/C,No,Ext): 800-745-2409 Ax.No), 630-665-7294 D. BOX 4200 EMAIL info@fdean.com ADDRESS! -IEATON, IL 60189 vw.fdean.corn INSURER(S)AFFORDING COVERAGE NAIC# 10)745-2409 INSURERA: Riverport Insurance Company 36684 JRED SPORTS AND RECREATION PROVIDERS ASSOCIATION(PURCHASING GROUP)AND INSURER B ITS PARTICIPATING MEMBERS! iNSURER C sten Smith )65 County Road 47 INSURERD; - Salle, CO 80645 INSURERE; INSURER F: VERAGES CERTIFICATE NUMBER: SO151344-00 REVISION NUMBER: IIS IS TO CERTIFY THAI' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE. POLICY PERIOD DICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :RTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. THE TERMS. ;CL USIONS AND CONDITIONS OF SI.ICH POLICIES L)PMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE ADUL SUBR POLICY NUMBER POLICY EFF I POLICY EXP • INSR WVD _(MWDOIYYYY) (MwoDlYYYY) LIMITS' GENERAL LIABILITY GENERAL.AGGREGATE I ;2.000.:00.00 X C e.CIFri,:lAr.GENERA,.L: t1:IT PRODU(:TS-COMR/OPA tl, '2.000.i!Go.DfI— MANII I X riCCLR PERSONAL:;ADV INJURY' �- $1,000.000 00 FLDG180312 7/29/2012 7/30/2012 EACH OCCURRENCE $1.000.000.00 r .,.-. PER FIRE DAMAGE(Any one fire; l $300.000.00 :r,REGn-E!Ire! :yapr ESP-R MED EXP(Any one person) $5.000.00 x ,:c�'-" n :. ICI r AUTOMOBILE LIABILITY CC!,ISI r+£D SINGLE uanr IErib:rWeM; BOIJILY INJURY(Per persr.-.1j s .LL'WINE Ci o BODILY INJURY(Per S_c�•ien', •: r- BODILY NON O::Ni PRC'PER'Y DAMAGE S —_ UMBRELLA LIAR EAcH OCCURRENCE i EXCESS LIAR -.x.+;:-':+c iI AGGREGATE GL Premium: I S263.00 RIPTION OF OPERATIONS I LOCATIONS:VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Rodeo TIFICATE HOLDER CANCELLATION :en Smith SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE i5 County Road 47 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. alle, CO 80645 AUTHORIZED REPRESENTATIVE Francis L . Dean ©1988-2010 ACORD CORPORATION. All rights reserved. RD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CCJRL DATE iMM:DDr•YYYYI ADDITIONAL INTEREST SCHEDULE 6/29/2012 ENcr CARRIER NAIC CODE Riverport Insurance Company 36684 .ICY NUMBER EFFECTIVE DATE NAMED INSUREDS) 3G180312/SO151344-00 7/29'7012 Kristen Smith DITIONAL INTEREST(Not all fields apply to all scenarios—provide only the necessary data) ;EST NAME AND ADDRESS RANK:___I EVIDENCE: I I CERTIFICATE I I POLICY 1 1 SEND BILL INTEREST IN ITEM NUMBER INSURED ADDITIONAL LOSS PAYEE Weld County Fair Board LOCATION: BUILDING -, BEACH OF 501 North 14th Avenue MORTGAGEE WARRANTY VEHICLE MOAT CC-OWNER OWNER Greely. CO 80631 AIRPORT: AIRCRAFT: EMPLOYEE REGISTRANT ITEM AS LESSOR CLASS: ITEM: LEASEBACK TRUSTEE OWNER ITEM UESCRIF7TON i!ENHOLDER REFERENCE r LOAN A: INTEREST ENO DATE: LIEN AMOUNT. PHONE.(A:C,No.EA): FAX INC.Nob ----- ID FOR INTEREST: E-MAIL ADDRESS: EST NAME AND ADDRESS RANK: I EVIDENCE' I CERTIFICATE I I POLICY I I SEND BILL INTEREST IN ITEM NUMBER 'IODITIONAL 1 LOSS PAYEE NT UP E!) LOCATION: BUILDING IFACH or MORTGAGEE NARRANTY VEHICLE: BOAT, :0.OWNER 4 OWNER AIRPORT: AIRCRAFT. L'PLOYEE REGISTRANT ITEM IS LESSOR CLASS: ITEM .E ASP BACK TRUSTEE IWNFR ITEM DESCRIPTION .IENHOLDER REFERENCE+LOAN d' INTEREST END DATE: LIEN AMOUNT: PHONE INC.No.Es)- FAX(AEC.No) I IN FOR INTEREST: E-MAIL ADDRESS: —EST NAME NAME AND ADDRESS RANK: EVIDENCE. I CERTIFICATE I I POLICY I I SEND BILL. INTEREST IN ITEM NUMBER .DDITIONAL LOSS PAYEE VSURED LOCATION. I R1/ILOINC:lEACH OF MORTGAGEE JARRANTY VEHICLE: BOA I. 'O-OWNER OWNER AIRPORT: AIRCRAFT. MPLOYEE REGISTRANT ITEM S LESSOR CLASS: ITEM EASEBACK TRUSTEE M1:'NER r ITEM DESCRIPTION IENHOLDER REFERENCE I LOAN.: INTEREST END DATE: LIEN AMOUNT: PHONE INC.NO.No): FAX INC.1Jol: N TOR INTEREST: E-MAIL ADDRESS: ------ --EST NAME NAME AND ADDRESS RANK: I EVIDENCE: I CERTIFICATE I I POLICY I I SEND BILL INTEREST IN ITEM NUMBER OOIIIONAL LOSS PAYEE ISURED LOCATION BUILDING: EACH OF MURTOAGEF, 'ARRANT VEHICLE: FLOAT. - G-OWNER OWNER AIRPORT: AIRCRAFT 1PLOYEE REGISTRANT ITEM -->LESSOR CLASS: ITEM: -ASEBACKfRUSTEE i INER ITEM DESCRIPTION EGHOLDER REFERENCE:LOAN A INTEREST END DATE: LIEN AMOUNT' PHONE IAiC.N.ELI): FAX INC.Noy J WUR INTEREST- E-MAIL ADDRESS: -_- -- ST NAME AND ADDRESS RANK: I EVIDENCE: I CERTIFICATE I I POLICY I I SEND BILL INTEREST IN ITEM NUMBER )DI'DONAL LOSS PAYEE SIREDLOCATION: BUILDING• ACH OF MORTGAGEE ARRANT'J VEHICLE: BOA,. I-OWNER 4,OWNER AIRPORT: AIRCRAFT: IPLOYEE REGISTRANT ITEM —�-� :LESSOR CLASS ITEM ASEBACK L. VNER TRUSTEE ITEM DESCRIPTION ?IIHOLDER REFERENCE:LOAN X: INTEREST END DATE: -- LIEN AMOUNT: PHONE INC,No.EG: F AX 3A'C:.No; _ FOR INTEREST. E-MAIL ADDRESS• --- -- . _.--- bove are added as additional insured but only with respect to liability arising out of operations of the named insured during the policy period. tO 45 (2009/04) ©1993-2009 ACORD CORPORATION. All rights reserved. Thn ACC)RIl name and loon are renistnrnrl marks of ACORD Hello