HomeMy WebLinkAbout20111631.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
-COLORADO GARDEN TRACTOR PULLERS 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 Colorado Garden Tractor Pullers
Association, commencing from the date of execution by the Board of County Commissioners and
ending July 30, 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 the Colorado Garden Tractor Pullers 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
,I. L�� WELD COUNTY, COLT ' DO
ATTEST: : ; � � � 4.(,Atli
rbara Kirkmeyer, Chair
Weld County Clerk to the-j-•• r � :; c -�' P
per-
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BY:
efraer Sean P C ay, Pro-Tem
Deputy Clerk to the Board
Wil c
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APPROVED AS TO FORM:
::(7O:. Long ((�� p
County torney cLS CLA/In q U�/`�
Douglas Vtademacher
Date of signature: 7A9#
I oncj 7S konke/ 2011-1631
"1- 1-11 -7- - I i EX0025
Weld County Board of Commissioners
Colorado Garden Tractor Pullers Association
Professional Service Agreement
THIS AGREEMENT is made this j/ - of , 2011, by and between the
Board of County Commissioners of Weld County,Coloradb, 915 10th Street,Greeley, Colorado
80631,hereinafter referred to as the"County,"and the Colorado Garden Tractor Pullers
Association, hereinafter referred to as the"Contractor"or"CGTPA."
WITNESSETH:
County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree as follows:
Contractor shall organize, produce, and conduct one garden tractor pull competition
("Competition")for the 2011 Weld County Fair to be held on July 30,2011,at the Island Grove
Park Arena in Greeley,Colorado.
SECTION I -SERVICES OF CONTRACTOR
1. Contractor agrees to safely conduct the Competition and any clascrs throughout the
duration of this Agreement to provide maximum protection for the Competition
contestants("Contestants")and the public.
2. Contractor shall require all Contestants in the Competition to read and sign the
RELEASE, HOLD HARMLESS, AND INDEMNIFICATION("Release"),attached to
this Agreement as Attachment A and incorporated by reference herein.
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. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial
general 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 coverage:
Comprehensive General Liability Insurance: to include completed operations,
contractual, broad form property damage, and personal injury. Said insurance shall
include coverage for any and all personal injuries arising out of Contractor's activities.
Each Occurrence $1,000,000
General Aggregate $1,000,000
5. All insurers of Contractor must be licensed or approved to do busirns in the state of
Colorado. Contractor's comprehensive general liability policy and/or certificate of
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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 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.
6. 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.
7. Provide garden tractor pulling sled with weights. An operator will handle operation of
the sled during the event. CGTPA is responsible for transportation of the sled to and
from the event.
8. Provide distance measuring equipment and crew as necessary.
9. Provide a track flagman, with red and green flags.
10. Mark track boundary using cones and/or limed lines. CGTPA personnel will layout tack
boundaries prior to start of tractor pull, and remove cones when pull is complete.
11. Provide scale equipment to weigh all tractors with drivers competing in the event. Scales
will be positioned behind track starting line. All tractors will be weighed prior to their
first hook in each class in which they are entered. CGTPA personnel will monitor
weighing.
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12. Provide entry forms for competitors as needed, and order of pull sheets describing classes
and order of pullers in each class.
13. Provide pit pass armbands as necessary for CGTPA competitors, crew members, and
event personnel.
14. Collect entry fees per class entered from each participant. In addition, collect insurance
fee from each competing tractor driver to cover cost of$lmillion liability policy carried
by CGTPA thru Allied Specialty Insurance of Treasure Island, Florida.
15. Include the pull on the CGTPA pull schedule, and promote the event to CGTPA
members.
16. Obtain entries from CGTPA members, and prepare an order of pull for contestants.
Conduct competition portion of pull in approx 3 hour time frame (time frame is impacted
by number of entries, etc).
17. Provide CGTPA competitor and other event related written information to the
announcer's booth for use during the event as appropriate. Transmit puller distance
measurements to the announcer's booth. Provide experienced CGTPA announcer
personnel.
18. Arrange for Ron's Equipment of Fort Collins to provide a skidsteer with operator.
Coordinate operation of skidsteer for track preparation, track maintenance, and sled
pullback.
19. Encourage CGTPA members to participate in fair sponsored parade held prior to event, if
applicable.
20. Conduct event in accordance with rules, classes, etc as described in the CGTPA rulebook.
21. Provide awards for each class run, based on CGTPA rulebook.
22. Provide public address system for CGTPA announcer.
SECTION II -RESPONSIBILITES OF THE COUNTY
For the Competition, County shall provide the following:
1. Advertise and promote the event in advance, as appropriate, with advertising for other
fair events, including the fair book.
2. Provide a level track area approximately 100' - 150' long and 25' wide, including 20'
open space minimum at each end. Note: actual competition portion of track is 100' long,
and 15' wide— additional space is used to position the sled and pullback skid steer (or
tractor), sled weights, maintenance equipment, etc.
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3. Allow CGTPA access to pull area and pit area approx 2 hours before scheduled
competition start time, and 5 hours after scheduled competition start time. Provide track
watering hose.
4. Limit access to track area to CGTPA competitors, crew members, track and event
personnel only.
5. Disallow any and all alcoholic beverages, including beer and wine, from the pit and track
area at all times by all persons (immediately before, during, and immediately after the
pull).
6. Provide a designated pit area where CGTPA pullers can park their trucks, trailers, etc.
used to haul tractors, sled, and related equipment to the event.
7. Provide spectator seating.
8. Provide restroom facilities for CGTPA personnel and for spectators.
9. Make arrangements for acceptance of CGTPA pit passes to allow CGTPA competitors
and other CGTPA personnel access to the fairgrounds and the tractor pull arena, parking,
etc. as appropriate.
SECTION III—TERM
The term of this Agreement shall commence upon the date of execution by both the
Contractor and the County and ends on July 30, 2011, upon the completion of the responsibilities
set forth in this Agreement.
SECTION IV—PAYMENT AND FEE SCHEDULE
County shall pay Contractor $395.00 (three-hundred and ninety-five dollars), upon
satisfactory performance of the Contractor's duties. County shall not be obligated to pay any
further costs or expenses associated with the competition, classes, or the Contractor.
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
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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 the Agreement and pursue any remedy
recognized by Colorado law.
SECTION VIII -MUTUAL UNDERSTANDINGS
1. Integration of Understanding
This Agreement and Attachment A contain the entire understanding of the parties hereto
and neither it, nor 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.
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In Witness Whereof, the parties hereto execute this contract on the day first above written.
ATTEST: ,
CLERK OF THE BO �` ® CHAIRMAN OF THE BOARD OF
,t► -, WELD COUNTY COMMISSIONERS
1/42
Deputy Clerk o the Boar hairman
Date: 7-//- // Date: 7-11--
Approved as to form: CONTRACTOR:
AwiWeld C u Attorney Ralph Lauffe
Title: President CGTPA
Date: 7-//-a0// Date: _AJL-v /; 9.0//
Approv as to substance:
ident
Weld County Fair Board
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ao//-/(03/
ATTACHMENT A TO Weld County Board of Commissioners Colorado Garden Tractor Pullers
Association Professional Service Agreement
RELEASE,HOLD HARMLESS AND INDEMNIFICATION
PARTICIPANT acknowledges that his or her participation in the competition put on by the
Colorado Garden Tractor Pullers Association carries with it certain risks of injury, damage, or other loss,
including death or permanent disability. The operation of a motorized vehicle pulling weights, involves
risks to the PARTICIPANT, or third persons, including, but not limited to, rolled over and being
crushed, run over, burned, killed, or temporarily or permanently disabled.
With complete understanding of the risks of participation in the competition, PARTICIPANT
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; the County of Weld and its employees
and officers; the Board of County Commissioners of the County of Weld; Weld County Extension; and
their employees and officers (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 Competition, excepting only such injury or damage resulting
from the willful and wanton acts of the Releases. The PARTICIPANT 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 Performance and/or Re-enactment.
PARTICIPANT further understands that the Releases may be immune to liability pursuant to
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 Release, Hold Harmless and Indemnification herein stated,the Participant and/or Parent
or Guardian acknowledges that he or she has read and understands all of the provisions contained herein.
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 30th day of July, 2011:
PRINTED NAME SIGNATURE
1.
2.
3.
4.
5.
6.
7.
8.
9.
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ATTACHMENT A TO Weld County Board of Commissioners Colorado Garden Tractor Pullers
Association Professional Service Agreement
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 30th day of July,2011:
PRINTED NAME SIGNATURE
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
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27.
28.
29.
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ATTACHMENT A TO Weld County Board of Commissioners Colorado Garden Tractor Pullers
Association Professional Service Agreement
RELEASE,HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 30th day of July,2011:
PRINTED NAME SIGNATURE
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
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42.
43.
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48.
49.
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ATTACHMENT A TO Weld County Board of Commissioners Colorado Garden Tractor Pullers
Association Professional Service Agreement
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 30th day of July,2011:
PRINTED NAME SIGNATURE
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
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DATE fliMIDLIWITO
A CERTIFICATE OF LIABILITY INSURANCE 7/07/11
PRODviceRAllied Specialty Insurance, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
10451 Gulf Blvd. OLY AND S CONFERS ( HE C
ERTIFICATE
HOLDER. THIS DOES NOT AMEND, EXTEND OR
Treasure Island, FL 33706 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
800/237-3355
INSURERS AFFORDING COVERAGE NAIC#
INSURED Colorado Garden Tractor INSURERkT.H.E. Insurance Company
Pullers Association INSURERS:
1006 Burger Drive INSURER C:
Berthoud, CO 80513 INSURER D:
INSURER E;
COVERAGES
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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
PFEECC}ryryEE ppLl�y p(p
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TYPF OF INSURANCE POLICY NUMBER DA I�WpDFpfWYI DATE IMMIDIDIYYYYY h1 LIMITS
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MY AUTO (Es=CM) i
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS ( porn)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Pei occident)
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(Per occident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
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AD 6 D CPP0102376-00 06/18/11 06/18/12 25,000
EXCFSS MEDICAL CPP0102376-00 06/18/11 06/18/12 25. 000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES!EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
Effective from 7/30/11 Additional Insured: WELD COUNTY, ITS EMPLOYEES AND
through 7/30/11 OFFICERS, AND THE WELD COUNTY
FAIR BOARD
AS RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY
CERTIMCATE HOLDER CANCELLATION.
WELD COUNTY ITS EMPLOYEES AND SHWLDANYOFTHEABOVEDESCRIED POUCIESBE CANCELLED B ETTIEEXPIRATON
OFFICERS AND THE WELD COUNTY
FAIR BOARD DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL_DAYS WRRTeI
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPR ATIVES.
AU R REi ATr _ 447
ACORD 25(2009101) C 19882009 A RD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
310//— 1131
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