The URL can be used to link to this page

Browse Search

Home My WebLink About20121821.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN SHADOW CARRIAGES 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 Mountain Shadow Carriages, 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 Mountain Shadow Carriages, 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:��ta. � • Sean w Chair WitWeld County Clerk to the Board E LA, Wil m F. Garcia, Pro-T m BY: w Deputy Cle to th Bo /A/laic- / /tt/--/z/ 1861 t`) ara Kirkmeyer �,a�p APP D . �. 'U"Y.,y k u '�C F `�� David E. Long my ttorney rtna 1 „vp,c. tc- • Dou la ademach r Date of signature: - I J -I C 2012-1821 9 a i a EX0026 Weld County Fair Board Mountain Shadow Carriages Professional Service Agreement THIS AGREEMENT is made this 21.0 of March, 2012, by and between the Board of County Commissioners of Weld County, Colorado, whose address is 915 10`h Street, Greeley, Colorado 80631, hereinafter referred to as the "County," and Mountain Shadow Carriages, do Darin M. Henry whose address is 10175 State Hwy 392, Windsor, CO 80550, hereinafter referred to as the"Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: SECTION I-RESPONSIBILTIES OF CONTRACTOR: Contractor shall provide a horse and carriage ("Moonlight Carriage") to operate continuously during the 2012 Weld County Fair("the Fair") scheduled from July 25 to July 29, 2012, at the Island Grove Park in Greeley, Colorado, for the price of$3,500. Contractor agrees to the following: 1. Contractor agrees to safely operate all rides continually through the duration of the Fair and maintain such ride in a safe and proper working condition and provide humane care and treatment of horses as per all laws as mentioned in Item 3. Contractor will provide one (1) driver and one (1) handler for each unit in operation hauling passengers. Contractor will provide 2 horses per carriage that must be accompanied upon arrival with a health inspection paper not more that days old. 2. Contractor shall have an authorized agent on the grounds at all times during the execution of the terms of this Agreement. 3. Contractor shall adhere to all federal, state, and local laws and regulations including, but not limited to, the laws of the State of Colorado and of the County of Weld. 4. Contractor's representatives, on the date of signing this Agreement through its termination, shall be Darin M. Henry. The representatives may contact Fair personnel at any time before or after the Fair, shall be available throughout the Fair, and shall be vested with the authority to make all decisions on behalf of the Contractor which are or may be necessary to carry out the responsibilities of Contractor for the purpose of this Agreement. 2012-1821 1 5. 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 performance. Work shall not commence under this Agreement until Contractor has submitted to the County and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. 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 Participants, audience members, and volunteers arising out of Moonlight Carriage's activities. Each Occurrence $1,000,000 General Aggregate $1,000,000 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 Workman's Compensation Insurance: As Required by Colorado Statutes Contractor's comprehensive general liability, comprehensive automobile liability and workman's compensation insurance policies and/or certificates of insurance shall be issued to include Weld County as an "additional insured" and shall include the following provisions: Underwriters shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of Contractor, or injuries arising out of Mountain Shadow Carriages, as a result of such activities. The insurance companies issuing the policy or policies shall have no recourse against the County for payment of any premiums due or for any assessments under any form of any policy. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor 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. 2 All insurers of Contractor must be licensed or approved to do business in the State of Colorado. 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 election of the County, maybe 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 the obligations of Contractor concerning indemnification. SECTION II-RESPONSIBILITES OF THE COUNTY: 1. County agrees to provide and make available at no charge to Contractor, adequate space at Island Grove Park for operation of Mountain Shadow Carriages. 2. County shall pay Contractor the fees of $3,500, with $500 paid upon signing of this Agreement, and the remainder paid at the end of the Fair on July 30, 2012. County shall not be obligated to pay any further costs or expenses associated with the Mountain Shadow Carriages. 3. County agrees to provide six (6) stalls, four for the horses and two (2) for the tack. 4. The safety and welfare of the horses being of the uttermost importance to Mountain Shadow Carriages we ask that if the weather is over 85 degrees, that the driver of the wagon be allowed to make the decision to give the horses a water break as needed. Also, with this in mind Mountain Shadow Carriages would like to bring a third team to the fair to use as backup. SECTION III —TERM: The term of this Agreement shall commence on July 25, 2012, and end on July 29, 2012. SECTION IV-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 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. 3 SECTION V-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. SECTION VI -TERMINATION: Time is of the essence in 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 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. 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 case 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 VII-MUTUAL UNDERSTANDINGS: 1. Integration of Understandings 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. 4 5. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. In Witness Whereof, the parties hereto execute this contract on the day first above written. ATTEST:/ COUNTY: CLERK OF THE BOARD z 7�L CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS .a �x Deputy Clerk the Boa Sean Sean P. Conway, Chairman 1 6 2012 CONTRACTOR: Title: pre_tch' Approved as to substance: WedCunty air Board President 5 ct7/a2- /geo, ___.......'1 OP ID: NM ACORa• CERTIFICATE OF LIABILITY INSURANCE OAT 06/22/rrrrv) osrzzrl z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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 to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER 303-292-9995 ire" Lightship Insurance PHONE FAX 303-292-9995 1650 Franklin Street E-MAIL NO�Esl)— ---. 1111{c..$4{11 Denver,CO 80218 ADDRESS: John Klaassen PRODUCER MTNCARR C{LSIOMEBw P: . INSURER(8)AFFORDING COVERAGE _ Writ INSURED Mountain Shadow Carriages g INSURER A:Nautilus ' Darin Henry 10175 State Hwy 392 INSURER s_— Windsor,CO 80550 NseRER c ' INSURER O: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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 BY PAID CLAIMS. INSR TYPE OF INSURANCE AD6CaUaR POLICY EFF'►O�l CY EXP - --- - - -- UNITS INSR MID. POLICY NUMBER IMMIDDIYYYYI IMMIDWYYYYI GENERAL LIABILITY EACH OCCURRENCE S 1,000,01 "DAMAGE TO RENTED A X , COMMERCIAL GENERAL LUSH.!Tv 0507491 11103111 11/03/12 PREMISES{Ea pmnonce) f 100,01 CLAIMS-MADE iX,OCCUR MED EXP{Any ono person) S 5,01 PERSONAL BADV INJURY S 1,000,01 GENERAL AGGREGATE f 2,00001 GENt AGGREGATE LIMIT APPLIES PER - PRODUCTS-COMPIOP AGG $ 2,000,01 POLICY PF f LOC S ' AUTOMOBLELABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Pm person) $ ALL OWNED AUTOS BODILY INJURY(Per&cadow)!S SCHEDULEDAUTOS 1 I PROPERTY DAMAGE IS 1 HIRED AUTOS I (Peramdenl) NON-OWNED AUTOS E S UMBRELLA LAB OCCUR EACH OCCURRENCE I E _ 1 EXCESS LAB CLAIMS•MADE AGGREGATE __— $ 4 I DEDUCTIBLE _ _._ .___.. . 111 $TION S WORKERS NCOMPENSATOR I W STATU. I..—10T .�$ _ I AND EMPLOYERS'LABILITY C AL ANY PROPRIETORWARTNERIEXECUTNE YI IN NIA E.L.EACH ACCIDENT I $ OFFICERIMEMBER EXCLUDED? l l —' ----- (Mandatory In NH) 1 E L DISEASE-EA EMPLOYEE f I II Yes,deeelbe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATORS/LOCATIONS I VEHICLES/Attach ACORD 101.Additional Remade Schedule.If more space Is melted) CERTIFICATE HOLDER 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. Mountain Shadow Carriages AUTHORIZED REPRESENTATIVE John Klaassen ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Hello