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Home My WebLink About20111628.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO DRAFT HORSE ASSOCIATION 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 Northern Colorado Draft Horse Association, commencing from the date of execution by the Board of County Commissioners and ending July 31, 2011, 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 Northern Colorado Draft Horse Association, 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 11th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: '• •. : � �` .�� c•Si tS frt. ickt4 //ice t)t_< , , arbara Kirkmeyer,rhair / Weld County Clerk to th• M .mow $-a — : , 44r�p 1 i } • / ,ry Sean P. Conwaym \ D BY Deputy Clerk to the Boar:��' '_ `' (/( WilrcC APPROVED AS TO FORM: T7,, ,, , cetai vid E. Long r AT,,,,,c Ace County A rney D ugla ademac e Date of signature: `---7 OA Qt, Li, 2011-1628 --i1 D-1I I I EX0025 Weld County Board of Commissioners Northern Colorado Draft Horse Association Professional Service Agreement 46. THIS AGREEMENT is made this l of Juhr 2011, 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 the Northern Colorado Draft Horse Association, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall produce one Draft Horse Show("Performance") for the 2011 Weld County Fair to be held on Sunday,July 31, 2011, at Island Grove Park Arena in Greeley, Colorado, at a time set by the County. SECTION I-SERVICES OF CONTRACTOR I. 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 prior to the show. 3. 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: a. Comprehensive General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage and personal injury. Said insurance shall include coverage for any and all personal injuries arising out of the Contractor's activities. 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 1 C//—/lp ;2g c. Workman's Compensation Insurance: As Required by Colorado Statutes 4. All insurers of Contractor must be licensed or approved to do business in the state of Colorado. 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, its employees and officers, and the Weld County Fair Board as additional insured parties and shall include the following provisions: The insurance company issuing the policy or policies 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 Contractor's activities. The insurance company 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. 5. 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. 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, 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 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 2 The term of this Agreement shall commence upon the date of execution by both the Contractor and the County, and end on Sunday, July 31, 2011, conditioned upon the completion of the responsibilities set forth in this Agreement. SECTION IV-PAYMENT AND FEE SCHEDULE Contractor will receive a check in the amount of$500.00 to be used for premium payouts to the exhibitors or judge compensation. 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: • $15.00 per stall ($5.00 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. If the performance issue is not cured within the cure period, the aggrieved party may terminate this Agreement and pursue any remedy recognized by Colorado law. SECTION VIII—MUTUAL UNDERSTANDINGS 1. Integration of Understanding 3 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 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 §§24-10-101 et seq., as applicable now or hereafter amended, and immunity for certain equine activities §§ 13- 21-119 et seq. as applicable now or hereafter amended. In Witness V iereof, the oar 4- hereto execute this contract on the day first above written. ATTEST: 'C CLERK O>+THE BO 1 � CHAIRMAN OF THE BOARD OF ea ..,, WELD COUNTY COMIIJSSIONERS Deputy Cler o the Board /fir 1 hairman Date: 7//— 20/1 Date: 7— 1/-2°// Approved as to form: CONTRACTOR: 4 02o1/- 213 We d Coun ttorney Northers 91o. raft Rorse Association �j Title: r'es i / /e,✓%�— Date: -//-o7D/7 Date: J e x,201/ Approv d o substance: ident Weld County Fair Board 5 070//— /40018 immPrnm fa D® CERTIFICATE OF LIABILITY INSURANCE 07/08/2U 1 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(ies) 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). LUNIALT PRODUCER NAME: PHONE (970) 484-2805 (FAX (970) 484-2885 JOHN C. BECKETT & ASSOCIATES, INC. MUG, No, EaD_. .. L!AIL, 14* E-MAIL 220 Smith Street ADDRESS: tim@beckettinsurance.com - _ --.-PRODUSTOMER C _--ER ID %.Colorado Draft Horse Association CUSTOMFt. Collins CO 80524- _ _.. INSURER(S)AFFORDING COVERAGE _ ._ —.I NAIC# INSURED INSURER A :ALTERRA EXCESS & SURPLUS INS CO Colorado Draft Horse Association INSURER B : 4880 Tall Horse Trail INSURER C : INSURER 0 INSURER E ' Sedalia CO 80135- INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES 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. IABBE SUBRT POLICY EFF . PODGY E%P. . ILA TYPE OF INSURANCE INSR MD I POLICY NUMBER IMMI)DYYYYI (MMIUDIVYYY) LIMITS TR GENERAL LIABILITY [1AX028B00000361 07/20/2011 07/20/2012 EACH OCCURRENCE •I$ 1,000,000 / / I / / DAMAGE TOREN1ED - 100,000 LIABILITY - I PREMISES(Ea occurrence] $ X CO `_ I _COMMERCIAL EE XL OCCUR / / / / MED EXP(Any one person) $ _ 5,000 / / : / /• PERSONAL&ADV INJURY $ 1,000,000 ___— __ _ _ ' / / / / 2,000,000 tGENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ' / / / / I PRODUCTS_COMP/OP AGG $ INCLUDED X POLICY PRO- TI LOC , / / / / EBLIA I $ JECT AUTOMOBILE LIABILITY NO COVERAGE / / / / COMBINED SINGLE LIMIT I I $ (Ea accident) ANY AUTO / / / / I BODILY INJURY(Per person) $ _... _.. ALL OWNED AUTOS BODILY INJURY(Per accident)-$ / / / / _ SCHEDULED AUTOS PROPERTY DAMAGE • $ HIRED AUTOS I / / / / (Per accident) _, I / / / / $ ' NON-OWNED AUTOS • - --- - - -- _— -- • UMBRELLA LMB OCCUR I NO COVERAGE I / / / / EACH OCCURRENCE $ EXCESS LIAR — —_ / / / / : AGGREGATE I $ 1. _.. __. __ - .___;CLAIMS-MADE / / / / - I $ DEDUCTIBLE •RETENTION $ / / / / I $ I WORKERS COMPENSATION - • NO COVERAGE l / / / / WC STATU- .OTH-I AND EMPLOYERS' LIABILITY YIN . __JORY LIMITS! ' ._— ER ANY PROPRIETOR/PARTNER/EXECUTIVE / / / / E.L.EACH ACCIDENT $ OFFICERAIEMBER EXCLUDED? N/A I'i / / / / r (Mandatory In NH) • EL.DISEASE-EA EMPLOYE $ If yes.describe Under l / / / / E L DISEASE-POLICY LIMIT E I DESCRIPTION OF OPERATIONS below . NO COVERAGE / / / / I / / • / / DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. II more span is required) CERTIFICATE HOLDER CANCELLATION ( ) - (970) 351-0415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. WELD COUNTY FAIR 525 N 15TH AVE AUTHORED REPRESENTATIVE . -4.2 ,-- -,...(--,, GREELEY CO 80631- Z_ e,+c-eF-,CC ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD 7/6/2011 0:14 AM FROM: :ICE TO: '$709$10415 PAGE: 002 OF p„_ Aco ® o�z CERTIFICATE OF LIABILITY INSURANCE DATE IMMDDYYAB L..-i' 07/06/2011 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 CONTACT NAM: JOHN C. BECKETT & ASSOCIATES, INC. (A/C,PHONENo. Ertl: (970) 484-2805FAX Ipt, No): (910) 989-'1885 E-MA220 Smith Street ADDDRIESS: tim@beckettinsurance.com CUSTOMER CUSTOMER ID PColorado Draft Horse Association Ft. Collins CO 80524- INSURER(S)AFFORDING COVERAGE NAICO INSURED INSURER A MAX SPECIALTY INSURANCE CO Colorado Draft Horse Association INSURER B : 4880 Tall Horse Trail - - - --- - INSURER C : INSURER D : INSURER E Sedalia CO 80135- INSURER F I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES 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. INS it ADOL-WEIR POLICY EFF POLICY E%P LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER INNVDD/YYYI IMONDDIYYYT) I LIMr5 A GENERAL LIABILITY HAX028e00000208 07/20/2010 07/20/2011 EACH OCCURRENCE f 1,000,000 • DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY / / / / I PREMISES(Ea occurrence] $ 100,000 CLAIMS- MADE X OCCUR / / / / MED LXP IAnv one person) _$ 5,000 / / / / PERSONAL.5ADVINJ_IRY $ 1,000,000 I / / / / GENERAL AGGREGATE $ 3,000,000 I GENT AGGREGATE LIMIT APPLIES PER. / / / / PRODUCT'S-COME'/OE'AGO $ INCLUDED X POLICY ..E_CT P1 LOC / / / / EEL IA $ AUTOMOBILE LIABILITY NO COVERAGE / / / / COMBINED SINGLE LIMIT $ (Fa nSidenll I ANY AUTO / / / / BODILY INJLIRr(Per Ua soul $ I ALL OWNED AUTOS / / / / BODILY INJURY(Per aurrlYrIII I SCHEDULED AUTOS / / / / PROPERTY DAMAGE $ HIRED AUTOS / / / / (Per accidentI I NON-OWNED AUTOS / / / / $ / / / / $ UMBRELLA LIAB OCCUR NO COVERAGE / / / / EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE / / / / AGGREGATE $ I DEDUCTIBLE / / / / I $ RETENTION $ / / / / f$ WORKERS COMPENSATYJN NO COVERAGE / / / / WC STATLI- OTH-I AND EMPLOYERS' LNLIMIT I 1 BILRY Y/N TONY __ /ANY PROPRIETOR/PARTNER/EXECUTIVE / / / OEFICERMENBER EscwDEDP N/A E L EACH ACCIDENT $ {Mandatory in NH) / / / / E I DISEASE-EA EMPLOYEE $ II yes.describe under DESCRIPTION OF OPERATIONS below / / / / E L DISEASE-POLICY LF4IT $ NO COVERAGE / / / / / / / / DESCRIPTION OF OPERATIONS I LOCATORS / VEHICLES (Leach ACORD 101, Additional Remarks BCMdWI. E more fP%A Is requYEC) CERTIFICATE HOLDER CANCELLATION ( ) — (970) 351-0415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. WELD COUNTY FAIR 525 N 15TH AVE AUTHORIZED REPRESENTATNE GREELEY CO 80631— ' 1,,,,- S„,,1--✓' ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025/200/091 The ACORD name and logo are registered marks of ACORD Hello