HomeMy WebLinkAbout20111701.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- MINIATURE 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 Miniature Horse Association,
commencing from the date of execution by the Board of County Commissioners and ending July 29,
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 Miniature 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 18th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: .ii.•yL �, u ._.?mot ' c.
. CiciP, r•' - Kirkmeye Chair
Weld County Clerk to the Board ■ �-
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Gael df�E � n ay, Pro-Tem Ca
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BY:
Deputy erk o the Board �'� ' ,1 "
-' illiam F. Ga is
APP D AS T EXCUSED
- David E. Long
ounty orney ,^‘s--,�,� �cc e , t
ouglas/Rademach r
Date of signature: e//*
\ Ovk' qs Soa s\ k. (��+) u. .. CIA L-�c;n.s k ) 2011-1701
7 -,2/-// `'t a s- I I EX0025
Weld County Board of Commissioners
Miniature Horse Association
Professional Service Agreement
THIS AGREEMENT is made this ftl of Jane;2011, 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 the Miniature 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 Miniature Horse Show("the Performance") for the 2011
Weld County Fair to be held on Friday, July 29, 2011, at the Island Grove Park Arena in
Greeley, Colorado, at a time set by the County.
SECTION I - SERVICES OF CONTRACTOR
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
prior to the Performance.
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
2011-1701
1
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
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The term of this Agreement shall commence upon the date of execution by both the
Contractor and the County, and end on Friday, July 29, 2011, after the completion of the
Performance and any associated clean up or post-Performance activities.
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:
• $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
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.
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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 Whereof, the parties hereto execute this contract on the day first above written.
ATTEST: fi
•
CLERK OF THE BOAR 1 f �� CHAIRMAN OF THE BOARD OF
i/ WELD COUNTY COMMISSIONERS
Deputy Clerk o the Board hairman Bar ara Kirkmeyer
Date: JUL 18 2011 Date: JUL 18 2011
Approved as to form: CONTRACTOR: /
IRr``Y fha�w �. ie.� rn•N,•.-44r.-e 1`1O.A.5
Ava �Q C wh •. rlse-ter
We d ou Attorney Miniature Horse Association
Title: ciA(ax gists-ct—
4
Date: 7- lc-(( Date: 7- 9- 1/
Approv as stance:
si nt
Weld County Fair Board
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CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison,Wisconsin 53783-0001
Insured's Name and Address Agent's Name,Address and Phone Number(Agt./Dist.)
Rocky Mountain Miniature Horse Club Larry E. Stiltner (719)481-8382
CIO Mary Elder 481 Hwy 105, Suite 212
5300 N Turnberrry Road Monument, CO 80132 (154/306)
Fort Collins, CO 80524
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
This certificate does not amend,extend or alter the coverage afforded by the policies listed below.
COVERAGES
This is to certify that 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.
POLICY DATE
TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY
(Mo,Day,Yr) (Mo,Day,Yr)
Bodily Injury and Property Damage
Homeowners/
Mobilehomeowners Liability
Each Occurrence $ 000
Bodily Injury and Property Damage
Boatowners Liability
_ Each Occurrence $ ,000
Bodily Injury and Property Damage
Personal Umbrella Liability
Each Occurrence $ ,000
Farm Liability&Personal Liability
Farm/Ranch Liability Each Occurrence $ ,000
Farm Employer's Liability $
Each Occurrence ,000
Statutory
Workers Compensation and x.,er<,ex.,e ,yx.,e
Employers Liability t Each Accident $ ,000
Disease-Each Employee $ ,000
Disease-Policy Limit $ ,000
General Liability General Aggregate $ 1,000 2000
E Commercial General Products-Completed Operations Aggregate $ 1,000 ,000
Liability(occurrence) Personal and Advertising Injury $ 1,000 ,000
❑ 05-X82673-01-00 3/3/2011 3/3/2012 Each Occurrence $ 1,000 ,000
❑ Damage to Premises Rented to You $ 100 ,000
Medical Expense(Any One Person) $ 5 ,000
Each Occurrencet t
Businessowners Liability $ .000
Aggreeetett $ ,000
Common Cause Lime $ ,000
Liquor Liability Aggregate Lime $ ,000
Automobile Liability Bodily Injury-Each Person $ ,000
❑ Any Auto
❑ All Owned Autos Bodily Injury-Each Accident $ ,000
❑ Scheduled Autos Property Damage $ ,000
❑ Hired Auto
❑ Nonowned Autos
❑ Bodily Injury and Property Damage Combined $ ,000
Excess Liability
❑ Commercial Blanket Excess Each Occurrence/Aggregate $ ,000
Other(Miscellaneous Coveraoesl
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS t The individual or partners shorn as insured Have ❑Have not
elected to be covered as employees under this polity.
ft Products-Completed Operations aggregate is equal to each
occurrence limit and is included in policy aggregate.
CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELLATION
LJ Should any of the above described policies be cancelled before the
•Weld County Board of Commissioners expiration date thereof,the company will endeavor to mail*( days)
915 10th St written notice to the Certificate Holder named, but failure to mail such
Greeley, CO0631 notice shall impose no obligation or liability f any
s ldifferent kind upnthe company, its agents or representatives. 10 yn u
number of days shown.
E This certifies coverage on the date of issue only. The above
described policies are subject to cancellation in conformity with their
terms and by the laws of the state of issue.
DATE ISSUED AUTHORIZED REPRESENTATIVE
06/30/2011 Larry Stiltner
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