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Home My WebLink About20111672.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -SPLASH DOGS, INC. 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 Splash Dogs, Inc., 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 Splash Dogs, Inc., 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 13th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: s64////il /S 4/i arbara Kirkmeye , Chair / Weld County Clerk to the B• Jt Elsa♦ �___' • ";;' /� can . Co Pro-Tem Deputy rk to the Bohr '•�Ni�` 1 ` 1W' i . Ga 'a AP" •V• ' A ►/,♦��. ur� id E. Long r• n y Attorney /kit, Douglas ademac r Date of signature: I I o ° Ertl-ens/co CC ' rk. 2011-1672 --(lath ! `6 1 1 EX0025 Weld County Board of County Commissioners Splash Dogs, Inc. Professional Services Agreement i THIS AGREEMENT is made this 3 of , 2011, by and between the Board of County Commissioners of Weld County, Color do, 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as the "County,' and Splash Dogs, Inc., hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall organize and conduct up to four Splash Dog Dock Jumping Competitions ("Competitions") each day from July 29, 2011, through July 31, 2011, for the 2011 Weld County Fair ("the Fair") at Island Grove Park in Greeley, Colorado. SECTION I - RESPONSIBILTIES OF CONTRACTOR: Contractor shall provide the following: 1. Contractor shall provide the dock, pool, and public address sound equipment. 2. Contractor shall provide all necessary personnel to produce and conduct each Competition including, but not limited to, administrative personnel and judges. 3. Splash Dogs will organize and register all competitors prior to and on-site during the event. 4. Contractor shall provide all ribbons and other awards and all necessary administration supplies. 5. Contractor shall prominently display information regarding the Competitions on its website www.splashdogs.com. 6. Contractor shall provide promotional materials as requested by the County for use in promotional activities. 7. All dogs entering the Weld County Fairgrounds must pass an animal health inspection upon arrival. All decisions of animal's health will be determined by the Weld County Fair Veterinarian. The Weld County Fair Veterinarian's decision is final. Any dog not passing the Weld County Fair Veterinarian's health check will be required to leave the premises. 8. Contractor shall require all dog owners in the Competitions to read, sign, and ,27O//-4.7,Z date the RELEASE, HOLD HARMLESS, AND INDEMNIFICATION ("Release"), attached to this Agreement as Attachment A and incorporated by reference herein. A list of all dog owners and their completed Releases shall be submitted to the County Fair Board prior to each individual Competition. 9. 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. 10. Contractor will perform up to 4 Splash competitions per day. Contractor reserves the right to postpone or cancel any event or portion of an event should the Contractor feel conditions are not safe for the handlers or the dogs, including, but not limited to, severe weather, cold weather, electrical storms and / or equipment failure. 11. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, worker's compensation, 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 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 12. 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 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. 13. 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 County shall provide the following: 1. County shall provide an approximately 100 foot x 100 foot area for the pool and dock area. The ground surface for the pool must be grass, asphalt, cement, or another agreed upon surface, and must be level to within 6 inches over a 45 ft long and 25 ft wide area. A water supply such as a fire hydrant must be available to fill the 21 foot X 41 foot pool (approximately 30,000 gallons total). Contractor is able to provide a 2" and 3" hose, however, the County shall provide a hose if the water source is only compatible with a different size hose. 2. County shall provide a Staging Area for competitors and dogs, The Staging Area will be large enough to accommodate 15 dogs with ample space between them The Staging Area shall be adjacent to the pool and dock area. 3. County shall provide a 20' x 20' booth space immediately adjacent to the pool venue. 4. The County shall designate a separate area where dogs may relieve themselves. Competitors are responsible for picking up after their own dogs and disposing of dog waste. 5. County shall arrange a set-up time with Contractor that is convenient to both parties. 6. County shall provide a place to drain 30,000 gallons of chemical free fresh water. Typically, the Contractor will drain the pool with a 3" water pump. 7. County shall provide a fork lift if available. 8. County shall ensure that sufficient power outlets to power 3 computers and the sound system are accessible near the Competition location. 9. County shall allow Contractor to sell Splash Dogs merchandise during the course of the event, within the Splash Dogs venue area only. 10. County shall allow Contractor to display banners and other promotional items of Contractor's sponsors within the Splash Dogs venue. Upon County request, banners or promotional items of particular sponsors that the County finds objectionable must be removed from display by Contractor. 11. The Fair will pay a deposit of$650.00 (six-hundred and fifty dollars) to Splash Dogs, Inc. upon execution of this Agreement by both parties. The remaining balance of $5,850 (five thousand eight hundred and fifty dollars) will be paid upon satisfactory completion of the last day of the event on July 31, 2011. County shall not be obligated to pay any further costs or expenses associated with Contractor. SECTION III —TERM The term of this Agreement shall commence upon the date of execution by both the Contractor and the County and end on July 31, 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. In situations where it is not reasonably practicable for the aggrieved party to allow one day for the other party to cure, the aggrieved party must allow as much time as reasonably possible for the other party to cure prior to terminating this Agreement. SECTION VII - MUTUAL UNDERSTANDINGS 1. Integration of Understanding This Agreement and Attachment A contain 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. In Witness Whereof, the parties hereto execute this contract on the day first above written. ATTEST: fa a CLERK OF THE BO I: r • - CHAIRMAN OF THE BOARD OF WELD COUNTY COMMI IONERS Deputy CI:'� to the Boa airman airman Date: 1-i3 . // Date: 7/3-02n(/ Approved as to form: CONT TOR- g /sof Weld Co nt Attorney Sp D , Inc. Representative Name an Title: Date: '�,C�a/�f Date: 7-)3 •-) 1 Approv�l� s to substance: P iet Weld County Fair Board &O4-/0 Z2 07/07/2011 13 : 51 FAX 3510415 R008/009 Jul , 7 . 2011 7 : 55AM motel ouralluP No . 8240 P . 2 • Each this Agreement, o g ant the ightssents and tgranted herein hat it has e and tor and performi ability to ties ainto nd obligations herein described. • In Witness Whereof, the parties hereto execute this contract on the day first above written. - . ATTEST: . . . .. CLERK OF THE BOARD CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS Deputy Clerk to the Board.' Chairman • Date: Date: Approved as to form: CONY CTOR• Weld County Attorney S ash D , Inc. Representative Name a ti Title: - Date: Date: 7-6 / Approved as to substance: President Weld County Fair Board 07/07/2011 13 : 51 FAX 3510415 1009/009 ATTACHMENT A TO Weld County Board of Commissioners Splash Dogs, Inc. Professional Services Agreement RELEASE. HOLD HARMLESS AND INDEMNIFICATION NAME OF DOG OWNER ("PARTICIPANT") IN SPLASH DOG DOCK JUMPING COMPETITION ("COMPETITION"): ADDRESS: STREET CITY/TOWN STATE ZIP PARTICIPANT acknowledges that his or her participation in the COMPETITION carries with it certain risks of injury, damage, or other loss, including death or permanent disability both to the PARTICIPANT and/or their dog. The COMPETITION involves athletic activity on a raised platform in and water around with one or more dogs and involves risks to the PARTICIPANT, dog(s), and third persons including, but not limited to, drowning, falling, dog bite or scratch, or otherwise being injured, permanently disabled, or killed. 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, to his or her dog, and to his or her property, resulting from any cause whatsoever occurring in the course of the COMPETITION, excepting only such injury or damage r suiting from the willful and wanton acts of the Releases. The PARTICIPANT also agrees to Ihold 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 COMPETITION. 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. Signed this day of ,2011. Signature of Participant or of Parent or Guardian if Minor Printed Name ACCDREP CERTIFICATE OF LIABILITY INSURANCE ,A,�Zoii YY) 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). PRODUCER CONTACT Susan Cash NAME: PHONE FAX Doodson Insurance Brokerage of TX, LLC IAIC NO Fxtr' (800)749-2100 x 2107 (NC,No): (800)590-3211 2920 Taylor Street E-MAILADDRESS:scash@doodsonus.com PRODUCER 00002418 CUSTOMER ID 1000002418 Dallas TX 75226 INSURER(S)AFFORDING COVERAGE NAILp INSURED INSURERA:Riverport Insurance Company 36684 INSURER B: Splash Dogs, Inc. INSURERC: 640 Bailey Rd. INSURERD: Suite 400 INSURERE: Pittsburg CA 94565 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1142907446 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR X FLDG180411 4/30/2011 4/30/2012 MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'LIABILITY ^Y/N TORY IMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required) The Certificate Holder is added as Additional Insured with respect to our Insured's negligence only. CERTIFICATE HOLDER CANCELLATION 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, Weld County, Colorado State University AUTHORIZED REPRESENTATIVE 525 N. 15th Avenue Greeley, CO 80631 J Chippendale/SUSAN < <� ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD Hello