HomeMy WebLinkAbout20121817.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- RAPPEL'S ARENA
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 Rappel's Arena, commencing from the date
of execution by the Board of County Commissioners and ending July 28, 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 Rappel's Arena, 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: .,eatet - p
Sean P. Qonway, Chair
Weld County Clerk to the Board �� --
4 ELa William .'6ar Pr -Tem
BY:
Deputy C"-rk tot e Boa =' �`x- �. 14 t�//At ,1AJ�t& _
I ; -'a`ar ra Kirkmeye`
AP J AS TH"\`..„<":,<". David E. Long
/ u y orney
ugl s Radema er
Date of signature: ?- icy / a
2v"/ a- 2012-1817
EX0026
'
Weld County Fair Board
Weld County Fair Team Roping
Professional r Service Agreement
THIS AGREEMENT is made this ti!`t" Hof 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 Rappel's Arena, represented by Beau Rappel, 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 Roping Event ("the Event") for the 2012 Weld County Fair to be held on
Saturday, July 28, 2012 at 1:00 P.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 2012-1817
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 Rappel's
Arena/Beau Rappel, 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 Rappel's
Arena/Beau Rappel for injuries arising out of Rappel's Arena/Beau Rappel's 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 HI —TERM.
The term of this Agreement shall commence upon the date of execution by both the Contractor and the
County, and end on Saturday, July 28, 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.
L� rJ
ATTEST: 75�"" e•
CLERK OF THE BOARD 861 ' , i CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
•
�' Chair, Sean P. Conway
Date: JUL 16 2012 Date: JUL 16 2012
Approved as to form: COJ�Ol�
90 4
( O/t) —A)/
Weld County Attorney's Office Rappel's Arena, Beau Rappel
Date:,A{,,y il Date: / H I a
Approved as to substance:
Terry Saddmeier
Weld County Fair Board President
5
2012 WELD COUNTY FAIR TEAM ROPING RELEASE, HOLD HARMLESS,
AND INDEMNIFICATION
NAME OF PARTICIPANT IN WELD COUNTY FAIR TEAM ROPING:
ADDRESS:
STREET CITY/TOWN STATE ZIP
PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld
County Fair Team Roping 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 Team Roping,
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 Team Roping.
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
, 06/14/2012 THU 11:59 FAX 970 674 8826 Renaissance Ins. Group ?001/001
Client#:7726 RAPPEARE
ACORD_ CERTIFICATE OF LIABILITY INSURANCE osraNS"""°°;Z),z6
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 hoiden is an ADDITIONAL INSURED,the policy(les)must be endorsed.IfSUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certlf cato does not confer rights to the
certificate holder in lieu of such endorsoment(s).
PRODUCER LON TACT
Fleas&Wilkerson Insurance NA
Specialty Program Insurors =tom,913 432-4400 1 FM
(NC,No):
Lea
ADDRESS:
4300 Shawnee Mission Parkway INSURERS)ArFortawe COVERAGE NAICe
Fairway,KS 66205 NSURERA:ACE American Insurance Company 22667
INSURED INSURER e
Rappels Arena
All Stock Contractors INSURER C:
34018 WCR 55 N6uREii D I
Greeley,CO 60631 IrnuRER E`
INSURER P
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 AU.THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY NAVE BEEN REDUCED BYpppF�WIODDY�CLAIMS. ..
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Effective 728112-Certificate holders are additional insureds
Team Roping;Greeley Stampede Arena;Greeley,CO
(Holding Pens:Same as Event)
Date:728112
CERTIFICATE HOLDER CANCELLATION
Weld CORMS. SHOULD ANT OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED N
525 N 15th Avenue ACCORDANCE WITH THE POLICY PROVISIONS.
Greeley,CO 50631
AUTHORIZED REPRESENTATVE
®1900-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010/05) 1 of I The ACORD name end logo aro rogistered marks of ACORD
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