The URL can be used to link to this page

Browse Search

Home My WebLink About20121820.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -SLIDIN' DAZE 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 Slidin' Daze, commencing from the date of execution by the Board of County Commissioners and ending July 22, 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 Slidin' Daze, 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 Sean a Chair C Y Weld County Clerk to the Board -41 ( E1La illiam F. Garcia, Pr -Tem BY: w Deputy CI k to th Board 1861 t- _CZ9 I it / r ra Kirkmey �® �APP AS TO fi.. David E. Long ney lQ'� t d�/ \car y✓o f Douglat Radema her Date of signature: Y-10-1 ' tiA a 2012-1820 EX0026 Weld County Fair Board Slidin' Daze Professional Service Agreement THIS AGREEMENT is made this ?O of May, 2012, by and between the Board of County Commissioners of Weld County, Colorado, 915 10`h Street, Greeley, Colorado 80631, hereinafter referred to as the"County," and Slidin Daze, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: SECTION I -SERVICES OF CONTRACTOR Contractor shall produce one Slidin' Daze Event ("the Performance") for the 2012 Weld County Fair to be held on July 19 - 22, 2012, at the Island Grove Park Arena in Greeley, Colorado. Contractor shall, as part of producing the Performance, provide the following: 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 of the show. 3. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability 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. Said certificate of insurance shall include Weld County, it's employees and officers, and the Weld County Fair Board as an "additional insured." 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 the Performance's activities. Each Occurrence $1,000,000 General Aggregate $1,000,000 a. 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 2012-1820 1 of the Performance, as a result of the activities taking place at the Performance. b. 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. c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor The 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. The 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 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 the agreement shall commence from July 19 - 22, 2012 2 SECTION IV—PAYMENT AND FEE SCHEDULE Contractor shall pay the following fees: • $1.50/contestant to City of Greeley for Seat Tax • $3.00/contestant to Weld County Fair Board for advertising/promotion/ribbons/setup Exhibitors have the availability of stalls for a fee of: • $25.00 per stall ($15.00 to City of Greeley, $10.00 cleaning fee to 4-H for stall cleaning) 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 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. 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 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 the Performance 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. 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, 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. In Witness Whereof, the parties hereto execute this contract on the day first above written. ATTEST: 75 • CLERK OF THE BOARD HAIRMAN OF THE BOARD OF �.yti �.4u 1661 `�'`��'rj ELD COUNTY COMMISSIONERS 67 V it d� Deputy Clerk o the Board Sean P. Conway, Chairman Date: JUL 1 6 2012 Date: JUL 1 6 2012 Approved as to form: CONTRACTOR: Rs .Weld Co n' Attorney Slidin' Daze Title: o•-c-A Date: JUL 16 2012 Date: 5?cv19-- Approved as to substance: Prdsident Weld County Fair Board 4 &D/a -/c7 Erf /7'. . (1,?'� •7^ CERTIFICATE OF LIABILITY INSURANCE SAT Jr�, /2�,��. :�,..�:..,. • 6/255/2012 ;•;ICED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION L A ROE AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 829 Main Street #2 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Longmont, CO 80501 A_303)684-9034 INSURERS AFFORDING COVERAGE I NAIC# V.I.IRED ' INSURER A UNDERWRITERS AT LLOYD'S LONDON SLIDIN DAZE RANCH HORSE SPECTACULAR ' INSURER p. 32751 HIGHWAY 14 INSURER G AULT, CO 80610 INSURER D INSURER E OVERAGES THE POI ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1'FIE POUCY 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 45ft ADD1. f ?!.C -I IECT!VF. POLICY EXPIRATION, ?R A15RO I TYPt DI-INSURANCF� .'K.Y NUMBER DA I L lLituD.YYY Y r DATE}MMID0fYYYYJ LIMO S E GENERAL LIABILITY ;EACH OCCURRENCE 1$ 1,0O0 f 000.. 'DAMAtETO-RENTED $ 50,000 COMMERCIAL GENERAL LIABILITY ( X PREMISES(E v nCcur2rr?) E.LAIMSMAOE : X: OCCUR. 'MED CXE'(Any one.,:' ,-.1.4 $ j�000 A X L....€..........__ ' CO 000247 07/20/12 07/22/12 P__..__.. PERSON.4LaADV INJURY •$ 1 t 000;OU4 ' GENERAL AGGREGATE $ 1,_0004000_ GENT_AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPJOPAGG ;$ 1 000 000 . PRO. -- ._._... f POLICY° ' Jeri. . LOC I _. __. ____ _ — •AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT ANY AUTO I ALL OWNED AUTOS BODILY INJURY r - SCHEDULED AUTOS (Per parson) `---. .......... ...S_.. HIRED AUTOS i I BODILY INJURY NON-OWNED AUTOS (Pei tux irlpnl) 5 — _. . • PROPERTY GAtAAGE I (Per acciden!) GARAGE LIABILITY 'AUTO ONLY•EA ACCIDENT '$ i ANYAUTO ()TILER THAN EA ACE :$ AUTO ONLY AGG $ : EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE : $ • • OCCUR CLAIMSMADE AGGREGATE !.$ ;i • ':DEDUCTIBLE • r !RETENTION $ • WORKERS COMPE NSA ION I ! WCSTATU- : IOTH• ANU EMPLOYERS'LIABILITY r,N : _':TORY LIMITS ;._.ER : ANY r-ROPRIETOR'PARTNER/EXECUTIVE — ; E l_.EACH ACCIDENT IS • OFF ICER-'MEMHER EXCLL RDT I (Mandatory in NHI — 'E.L.DISEASE-EA EMPLOYEE'$ If yes.T.s.nbe under --._--—.—.:......_..._._-..........._. . .SPECIAL PROVISIONS below E L.DISEASE POLICY LIMIT !$ 'OTHER • i }ESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT r SPECIAI.PROVISIONS HORSE SHOW EVENT: 07/20/12, 07/21/12, 07/22/12, ISLAND GROVE ARENA, GREELEY CO CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED :ERTIFICATE HOLDER CANCELLATION jSHOULD ANY Of THE ABOVE.tIESiCR19ED POLICIES BE CANCELLED BEFORE THE EXPIRATION WELD COUNTY DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL. 10 DAYS WRITTEN 501 N. 14TH AVE. NOTIEE TO THE CERTIFICATE HOLDER NAMED 10 THE.LEFT,BUT FAILURE TO DO SC SHALL GREELEY, CO 80 631 IMPOSE NO OBLIGAl1ON OR LIABILITY LW ANY KING UPON THE INSURER,ITS SOF NTS OR REPRESENTATIVES. .,--- _ AUTHORIZED REPRc p,JTATIVrr / A l \CORD 25(2009/01) 9..1968-20091AAORD CORPORA'�TICBE AlI rights reserved. The ACORD name and logo are registered marks of ACORD Hello