HomeMy WebLinkAbout20111629.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
-SLIDIN' DAZE
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 Slidin' Daze, commencing from the date of
execution by the Board of County Commissioners and ending July 24, 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 Slidin' Daze, 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, COLO DO
ATTEST:- ���'�i�-� c� e ckc_ ,‘- iiY.�</A ,
arbara Kirkmeyer, hair
Weld County Clerk to 1 i0
/�_� (RP ,� Sean P. n ay, Pro-Tem
BY: � • \�// rte • ��
Deputy Clerk to the :oa' ��� --,
1,‘ rci�,
APPROVED AS TO FORM: ot?cii
David E. Long
rat ,taEf,
Mt,County A ey ci5, �w�k Qw�
vvvvvv D uglas Rademacher
Date of signature: 7/I/,1/
-1 - 31 - II 2011-1629
EX0025
Weld County Board of Commissioners
Slidin'Daze
Professional Service Agreement
THIS AGREEMENT is made this s 3 of J Li 2011,by and between
the Board of County Commissioners of Weld County,Colo ado, 915 10th Street,Greeley,
Colorado 80631,hereinafter referred to as the"County,"and Slidin' Daze,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 Slidin' Daze Event("the Performance")for the 2011 Weld
County Fair to be performed one time daily on July 22,23, 24, 2011,at Island Grove Park Arena
in Greeley, Colorado.
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
of 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
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er—Wrirrn Compensation Insurance: As Required by Colorado Statutes
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4. All insurers of Contractor musk be lticensed or appr Ned 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 H-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 Sunday,July 24,2011,conditioned upon the satisfactory
completion of the responsibilities set forth in this Agreement.
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. In the Performance 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.
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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:
•
CLERK OF THE BO �t/ -6� CHAIRMAN OF THE BOARD OF
�y =� WELD COUNTY COMMISSIONERS
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Deputy Cle, to the Boa IT �'�' Chairman
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Date: 7-7/- !� �r� Date: `7- //-
Approved as to form: CONTRACTOR:
h kra > th Hh9C� eUL
f eld minty Attorney Si din'Daze Q _ A, , n I I A ^ /
Title: (n !{ ha-, P t�tl-+�bb
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Date: Date:
Approv s to substance:
esident
Weld County Fair Board
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