HomeMy WebLinkAbout20101576.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- MOONLIGHT 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 Moonlight Carriages, commencing July 28,
2010, and ending August 1, 2010, 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 Moonlight 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 19th day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
'Cr- WELD COUNTY, COLORADO
ATTEST: y ^ Io �Wn-a4-
I layRadema her, hair
Weld County Clerk to the Bo 1861
D� WTt.ara Kirkmeyer Pro-Tem
B . 1 G ��7•'rK// / .� °<; n��
Dep t Clerk t• the Board t7�
Sean P. y
VED ORM: �� wa
m'Adounty Attorney
David E. Long
Date of signature: qk tia
Into CO DJ'
--Oho v1(I o 8-N-/0 2010-1576
EX0025
Weld County Fair Board
Moonlight Carriages
Professional Service Agreement
THIS AGREEMENT is made this 10`h of June, 2010, by and between the Board of
County Commissioners of Weld County, Colorado, whose address is 915 10`h Street, Greeley,
Colorado 80631, hereinafter referred to as the "County," and Moonlight Carriages, do Ben and
Heather Erickson, whose address is 15509 WCR 100 Nunn, CO 80648, hereinafter referred to as
the "Contractor."
WITNESSETH:
County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree as follows:
SECTION I-RESPONSIBILTIES OF CONTRACTOR:
Contractor shall provide a horse and carriage ("Moonlight Carriage") to operate
continuously during the 2010 Weld County Fair ("the Fair") scheduled from July 28 to August 1,
2010, at the Island Grove Park in Greeley, Colorado, for the price of$3,500. Contractor agrees
to the following:
1. Contractor agrees to safely operate all rides continually through the duration of
the Fair and maintain such ride in a safe and proper working condition.
2. Contractor shall have an authorized agent on the grounds at all times during the
execution of the terms of this Agreement.
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. Contractor's representatives, on the date of signing this Agreement through its
termination, shall be Ben and Heather Erickson. The representatives 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.
5. 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.
2010-1576
1
Comprehensive General Liability Insurance: to include products liability,
completed operations, contractual, broad from property damage and personal
injury. Said insurance shall include coverage for any and all personal injuries to
Participants, audience members, and volunteers arising out of Moonlight
Carriage's activities.
Each Occurrence $1,000,000
General Aggregate $1,000,000
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
Workman's Compensation Insurance: As Required by Colorado Statutes
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 as an "additional insured" and shall
include the following provisions:
Underwriters 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 Moonlight Carriage,
as a result of such 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.
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.
All insurers of Contractor must be licensed or approved to do business in the State
of Colorado.
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.
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Upon failure of Contractor to furnish, deliver and/or maintain such insurance as
provided herein, this Agreement, at the election of the County, maybe
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 Moonlight Carriage.
2. County shall pay Contractor the fees of $3,500, with $500 paid upon signing of
this Agreement, and the remainder paid at the end of the Fair on August 1, 2010.
County shall not be obligated to pay any further costs or expenses associated with
the Moonlight Carriages.
3. County agrees to provide five stalls, four for the horses and one for the tack.
SECTION III—TERM:
The term of this Agreement shall commence on July 28, 2010, and end on August 1,
2010.
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
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mutually agreed upon by the parties. In case 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 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.
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.
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In Witness Whereof, the parties hereto execute this contract on the day first above written.
ATTEST: V,- 'r '' -= COUNTY:
�v .
CLERK OF THE BO ' 1 ti%452
� CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
.go.
der
Deputy CI to the Board Dougla Rademac er, Chairman JUN 1 S 2010
CONTRACTOR:
By:
Title:
Approved as to substance:
el ounty Fair Board President
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070/0—./.57
CERTIFICATE OF LIABILITY INSURANCE OP ID PH DATE
`i °° '
MOONL-2 06/17/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Front Range Insurance Group HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1100 Haxton Drive Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Collins CO 80525
Phone: 970-223-1804 INSURERS AFFORDING COVERAGE NAIL#
INSURED INSURER Nautilus Insurance Co
INSURER B
Moonlight Carriage Co LLC INsuRERc
Heather S Benjamin Erickson
15509 County Rd 100 INSURER D.
Nunn CO 80648
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIR.ENf WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY FIND CLAIMS.
IRAK MRO L POLICY krrECRVE POLICY EXPNA'ION
UM INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MWDDFYYTY) DATE IIMA/DOIDIVO LMRS
GENERAL UABLTIY EACH OCCURRENCE $1,000,000
A X X COMt,ERCIALGEHERALLUIBIUTY NC976334 01/16/10 01/16/11 PREMISES(Ea«a aria)) i 100,000
CLAIMS MADE X OCCUR MED EXP(My one person) $5,000
PERSONAL S ADV INJURY $10000,000
GENERAL AGGREGATE $ 1,000,000
GEN'L AGGREGATE LIMB APPLIES PER PRODUCTS-COMP/OP AGG $Included
POLICY JECT
CT LOC
AUTOMOBILE LIABRRY COMBINED SINGLE LIMIT
ANY AUTO (Ea accldert)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE i
(Per accldert)
GARAGE umaitTY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN
EA.ACC $
AUTO ONLY. AGO $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE i
IOCCUR CLAIMS MADE AGGREGATE i
DEDUCTIBLE i
REIENTION $ $
WORKERS COMPENSATION )TORY LIMITS I I UER
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE NER/EXECUTIVE YIN
E L.EACH ACCIDENT i
OFFICER/VENEER EXCLUDED,
(Mandatory in NH) E .DISEASE-EA EMPLOYEE $
It yes.describe under
SPECIAL PROVISIONS bebn E .DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Board of County Commissioners of Weld County is named as an additional
insured with respects to the General Liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF TIE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Board of County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY NIID UPON THE INSURER,RS AGENTS OR
of Weld County REPRESENTATIVES
915 10th Street 7REPRESENTATIVE
Greeley CO 80631
H �•. � . /R ALL
ACORD 25(2009/01) ACOR0 Z�FP ATIONS reserved.
The ACORD name and logo are registered marks of ACORD
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COUNTY ATTORNEY STAFF APPROVAL
Qr°fess*orbcirvice •
This is to affirm the attached 13i • ' • G �y
has been reviewed by 9
/
the County Attorney's staff,
�� ZJw—
Coun ome
DATE: 1 I i 3 � �v
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