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Home My WebLink About20111702.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN SHADOW CARRIAGES 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 Mountain Shadow Carriages, 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 Mountain Shadow Carriages, 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 COUNTY, COLORADO FA ATTEST: < rkme Chair ? 1 I r rb a 'rkmeye , Chair Weld County Clerk to the Board Sean P. a , Pro-Tem BY: (glitz-xi/70 577ixr2 Deputy Clerk to the Board �{ ( �/ William F. Garcia APPR AS TO . EXCUSED Davioctk Long 04,ck-oasisgowt...Anar, ounty Attorney .. . Douglas Rademacher Date of signature: 8/fie/i/ \ °Acts \c) jaa \c(_Vy",\1- � I PI • I 2011-1702 5"� EX0025 Weld County Board of Commissioners Mountain Shadow Carriages Professional Service Agreement THIS AGREEMENT is made this a I of June, 2011, by and between the Board of County Commissioners of Weld County, Colorado, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as the "County," and Mountain Shadow Carriages, c/o Darin M. Henry, whose address is 10175 State Hwy 392, Windsor, CO 80550, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall provide horse and carriage services to operate continuously during the 2011 Weld County Fair ("Fair") scheduled from July 27 to July 31, 2011, at Island Grove Park in Greeley, Colorado, in exchange for the payment of$3,500. SECTION I-RESPONSIBILTIES OF CONTRACTOR: 1. Contractor agrees to provide a minimum of 2 horse and carriage units capable of carrying at least 8-12 people. Each horse and carriage unit shall consist of a minimum of 2 horses. 2. Contractor agrees to provide rides with the following number of horse and carriage units and hours: Thursday, July 28, 2011, one unit, 9:00 a.m. - 5:00 p.m. Friday, July 29, 2011, one unit, 9:00 a.m. - 8:00 p.m., a second unit may be required during a 2 hour portion of the day as determined by County scheduling Saturday, July 30, 2011, one unit, 8:00 a.m. - 12:00 p.m. Saturday, July 30, 2011, two units as needed, 12:00 p.m. - 8:00 p.m. Sunday, July 31, 2011, two units, 8:00 a.m. -4:00 p.m. 3. Contractor may provide rest breaks for the horses to ensure comfort and humane treatment of the horses. Such breaks shall not exceed 1 hour for every 4 hours of work the horses perform unless mutually agreed upon by Contractor and the Fair Board Representatives. When the air temperature is over 85 degrees, the driver of the wagon has the discretion to give the horses water breaks as needed to safeguard their health and comfort. All breaks shall be taken so as to minimally disrupt the availability of a horse and carriage to carry passengers. 4. Contractor agrees to safely operate all rides continually through the duration of 2011-1702 1 the Fair and maintain such ride in a safe and proper working condition and provide humane care and treatment of horses pursuant to all laws referred to in Item 3 of this Section. Contractor will provide one driver and one handler for each unit in operation hauling passengers. Just prior to commencing carriage rides, Contractor will provide the Fair with a health inspection paper not more than 10 days old for each horse. 5. Contractor shall have an authorized agent on the Fair grounds at all times during the execution of the terms of this Agreement. 6. 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. 7. Contractor's representative, on the date of signing this Agreement through its termination, shall be Darin M. Henry. The representative may contact Fair personnel at any time before or after the Fair, shall be available throughout the Fair, and shall be vested with the authority to make all decisions on behalf of the Contractor which are or may be necessary to carry out the responsibilities of Contractor for the purpose of this Agreement. 8. 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 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 c. Workman's Compensation Insurance: As Required by Colorado Statutes 9. 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 2 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 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. 10. 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: 1. County agrees to provide and make available at no charge to Contractor, adequate space at Island Grove Park for operation of Mountain Shadow Carriages. 2. County shall pay Contractor $3,500, upon satisfactory performance of the Contractor's duties and at the end of the Fair on August 1, 2011. County shall not be obligated to pay any further costs or expenses associated with Mountain Shadow Carriages. 3. County agrees to provide six stalls, four for the horses and two for the tack. In the event that the Contractor brings an additional team of two horses to the Fair for backup purposes, the County agrees to provide an additional two stalls for the horses. SECTION III-TERM: 3 The term of this Agreement shall commence upon the date of execution by both the Contractor and the County and ends on August 1, 2011, conditioned upon the completion of the responsibilities set forth in this Agreement. SECTION IV-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 V-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 VI-TERMINATION: Time is of the essence in 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 VII-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. 4 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. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. 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: V$ �..... COUNTY: y CLERK OF THE BOARD , ' � CHAIRMAN OF THE BOARD OF ELD COUNTY COMMISSIONERS t16V Wk si(�)�" 1 eputy Cle r to t e Board y tiarbara Kirkmey•r, Chair an JUL 18 2011 970 674-0785 CONTRACTOR: Darin and Gina Henry o /nuu.tir4,,j $//' c4,,,, curl e ,j 3-3,8-3, J 7/evMw.n.e.00.. Tlt: /77~).07- / ',Ilea/7%49es A unique experience for yotfr pecial event 10175 State Hwy 392 www.mtshadowcaniages.com 5 Windsor, CO 80550 mtshadowcaniages©live.com O//-/Yea? Approved as to substance:delounty Fair Board President 6 ./..imil OP ID:NMI( ACORO IDDITIETI CERTIFICATE OF LIABILITY INSURANCE °"04/TE 0061/1111 04! T141S 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 ISSUMG INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed H SUBROGATION IS WAIVED,subject to the terms and conditions of the policy.tartan policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER 303-292-9995 haO/'&ACT l: Lightship Insurance PIWNE FAX 1850 Franklin Street 303-2929996 AK,RR,amp _. . . .. _. I IAA NW:_- Denver,CO 90218 �' L ADDRESS: John Klaassen PRODUCER MTNCARR CUSTOMER w 4 _ _ eYMINga)AFPDRDmD COVERAGE NMC• • wslimo Mountain Shadow Carriages **SURER A:Nautilus I Darin Henry INSURER 8: 10175 State Hwy 392 INSURER C: Windsor,CO 8OS50 ' INSURER D: . INSURER E: _ INSURER r: 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 NSIPANI-P AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES UIITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. INSET —MaSUM( POLIEFF ; POLCYEEP isigns TYPE OF INSURANCE NOR WWI U POLICY NUMBER DIMBOIYYYY)I MMIDDIYYYYI i GENERAL UABRITY EACH OCCURRENCE I E 1,000,000 0507491 10112110 10112111 STO—RENTED �_- E 100,000 A X I COMMERCIAL GENERAL LIABILITY I _ - CLAIMS-MADE ; X 'OCCUR -MED EXP IMl one Verson) S 5.000 PERSONAL&ADY'HAIRY E 1,000,000 — - __-. I GENERAL AGGREGATE S 2,000,000 GENE AGGREGATE LIMIT APPUES PER I PRODUCTS-COMP/OP AGO $ 2.000,000 POLICY JEcT _-�'.LOC , I -_.5 AUTOMOaLE IJABRRY i COMBINED SINGLE LIMIT S (Es Marine ANY AUTO I I BOdLY EMMY INF DEISM S— ALL OWNED AUTOS • BOOBY WALRY(PM modem L SCHEDULED AUTOS I PROPERTY DAMAGE S HIRED AUTOS (Per scad& ,. _M NON-OWNED AUTOS _— S -_ • UMBRELLA IIAE OCCUR EACH OCCURRENCE ES EXCESS LIAO CLAIMS-MADE' AGGREGATE S .- DEDUCTIBLE _ I _. 5 _ I f RETENTION S S I WORKERS COMPENSATION WCSTATU OTu' I AND EMPLOYERS'LALNLITY ITORY WAITS. . ERA I ANY PAOPPETORPARTNER/EXECUE Y TWn NIA EL EACH ACCIDENT ,- S OFFICER/MEMBER EXCLUDED, •INIlsRMYM NM :EL DISEASE-EA EMPLOYEES Y sLRIPTIDN OF QPERATc.a mooOesrnM Inn E L DISEASE-POLICY LIMIT S DES I DESCRIPTION OF OPERAl10NS I LOCATIONS I VEHICLES(Vetch'CORD 1e,*deftest Remarks SGedSe,Unaeae spate N spired) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TIE MOVE DESCRIBED POLICES BE niers0l PD BEFORE 11E EXPIRATION DATE TIEREOF, NOTiCE WILL BE DELIVERED IN Mountain Shadow Carriages ACCORDANCE WITH THE POLICY PROVISIONS. MEMORIZED PEPRESBETATNE John Klaassen I 01988.2008 ACORD CORPORATION. AM rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Hello