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Home My WebLink About20101798 RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO DRAFT 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 Northern Colorado Draft Horse Association, commencing 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 the Northern Colorado Draft 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 9th day of August, A.D., 2010, nunc pro tunc August 1, 2010. BOARD OF COUNTY COMMISSIONERS LD COU , COLORADO ATTEST: .�� '\ �e a eirpktk ,`. '-a Do •las ad ', hair Weld County Clerk to the a•ar- . 4v 1861 (.� � BY: bCC�� / �,��. .�:arbara_Kirkmeyer Pro-Tem fE . i`:r:_ f!r- P Deputy Clerk to the Bo ej 4 � Sean P.72 ay n r APP: .R DAST. " S ' : f � — Wi ar� . Garcia ounty Sttorney "h David E. Long /V Date of signature: 25 (S-Ur-) 2010-1798 EX0025 3 - a5 - lO Weld County Fair Board Northern Colorado Draft Horse Association Professional Service Agreement THIS AGREEMENT is made this 018 of July,2010,by and between the Board of County Commissioners of Weld County, Colorado, 915 10°i Street, Greeley, Colorado 80631, hereinafter referred to as the"County,"and Northern Colorado Draft Horse Association, hereinafter referred to as the"Contractor." WITNESSETH: County and Contractor,for the mutual promises and consideration hereinafter set forth, agree as follows: SECTION I—SERVICES OF CONTRACTOR Contractor shall produce one Draft Horse Show and Feed Team Race ("the Performance") for the 2010 Weld County Fair to be held on Sunday, August 1,2010,at the Island Grove Park Arena in Greeley, Colorado, at a time set by County. Contractor shall,as part of producing the Performance,provide the following: 1. Production of the Performance. 2. All livestock to be used in the Performance for inspection off the trailer before stalling or exhibiting. (The Board of County Commissioners of Weld County has adopted a new mandatory health inspection upon arrival at Island Grove Regional Park. The inspection is across all species. The Fair Board will be working in cooperation with the Colorado State Veterinarians Office, local veterinarians volunteering their time and efforts,and fair superintendents to achieve a quality service. All animals will be inspected off the trailer and will not be allowed to stall or exhibit until they have been inspected. No additional health papers will be required.) 3. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability 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. 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 the Performance's activities. Each Occurrence $1,000,000 General Aggregate $1,000,000 1 2010-1798 a. 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 the Performance, as a result of the activities taking place at the Performance. b. 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. c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor The 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. The 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. 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 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 The term of the agreement shall commence and end on Sunday,August 1, 2010. 2 SECTION IV—PAYMENT AND FEE SCHEDULE Contractor will receive $400.00 in cash to be disbursed by the Fair Board to the class winners in Anadarko envelopes for classes on Sunday August 1, 2010, from the Weld County Fair. 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. 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 3 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: "fi CLERK OF THE BO �� tiT� �N CHAIRMAN OF THE BOARD OF Donald Warden 1SH , , y WELD COUNTY COMMISSIONERS f>� 4 Deputy Cler o the Board Dou s Rade cher,Chairman Date: AUG 0 9 2010 Date: AUG 0 92010 Approve as to form: CONTRACTOR: C,(afio Jar oun Attorney orthern Colo. Draft Hone Association e: Aemt- /C Date: I "^ — � � Date: 61— Appro s to substance: t}a ebauer,President Weld County Fair Board 4 &O/O—/29g ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) i. 07/28/2010 PRODUCER (970) 484-2805 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John C. Beckett & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 Smith Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Collins CO 80524- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:MAX SPECIALTY INS. CO. Colorado Draft Horse Association INSURER B: 4880 Tall Horse Trail INSURER C: INSURER D: Sedalia CO 80135- INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY) DATE(MM/DD/YY) A GENERAL LIABILITY / / / / EACH OCCURRENCE $ 1,0000,00 X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurrence) $ 100,000 I CLAIMS MADE X OCCUR MAX028800000208 07/20/2010 07/20/2011 MED EXP(Anyone person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 / / / / GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ INCLUDED --X-1 POLICY ri JEGT n LOC AUTOMOBILE LIABILITY NO COVERAGE / / / / COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS / / / / BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS / / / / BODILY INJURY $ (Per accident) NON-OWNED AUTOS / / / / PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ J ANY AUTO NO COVERAGE / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY NO COVERAGE / / / / EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE / / / / $ RETENTION $ $ - WORKERS COMPENSATION AND NO COVERAGE / / / / I Toa'IJMITS I FR- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? / / / / EL.DISEASE-EA EMPLOYEE$ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER NO COVERAGE / / / / / / DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Board of County Commissioners of Weld FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE County, Colorado INSURER,ITS AGENTS OR REPRESENTATIVES. 915 10th Street AUTHORIZED REPRESENTATIVE 4 ^ n . Greeley CO 80631- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1 of 2 INS025(olos).os • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) INS025(0108).06 AMS Page 2 oft ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 07/28/2010 PRODUCER (97O) 484-2805 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John C. Beckett 6 Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 Smith Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Collins CO 80524- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:MAX SPECIALTY INS. CO. Colorado Draft Horse Association INSURER B: 4880 Tall Horse Trail INSURER C: INSURER D: Sedalia CO 80135- INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDNY) DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY / / / / EACH OCCURRENCE $ 1,0000,00 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ I CLAIMS MADE n OCCUR MAXO288OOOOO2O8 07/20/2010 07/20/2011 MED EXP(My 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 $ INCLUDED X I POLICY n JECT ri LOC / / / / AUTOMOBILE LIABILITY NO COVERAGE / / / / COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS / / / / BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS / / / / BODILY INJURY $ (Per accident) NON-OWNED AUTOS / / / / PROPERTY DAMAGE $ (Per accident ) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ —1 ANY AUTO NO COVERAGE / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY NO COVERAGE / / / / EACH OCCURRENCE $ I OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE / / / / $ RETENTION $ $ WORKWG UMIT NW- EMPLOYERS'COMPENSATION AND NO COVERAGE / / / / TORY LIMITS ER ANYLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? / / / / E.L.DISEASE-EA EMPLOYEE$ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER NO COVERAGE / / / / / / / / / / / / DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Board of County Commissioners of Weld FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE County, Colorado INSURER,ITS AGENTS OR REPRESENTATIVES. 915 10th Street AUTHORIZED REPRESENTATIVE y /, r \cam, Greeley CO 80631- ACORD 25(2001/08) ©ACORD CORPORATION 1988 INS025(0108).06 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) INS025(0108)06 AMS Page2 ore Hello