HomeMy WebLinkAbout20101574.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- COLORADO GARDEN TRACTOR PULLERS ASSOCIATION (CGTPA)
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 Colorado Garden Tractor Pullers Association
(CGTPA), commencing and ending July 31, 2010,with further terms and conditions being as stated
in said agreement, and
WHEREAS, a hearing before the Board was held on the 19th day of July, 2010, at which
time the Board deemed it advisable to continue said matter to July 21, 2010, in order to allow
adequate time for an agreement to be submitted that the Weld County Attorney deems to be
satisfactory, and
WHEREAS, after review on July 21, 2010, the Board deems it advisable to approve said
revised 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, as revised, 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 Colorado Garden Tractor Pullers Association be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said revised agreement.
CC : FOdy CEU dt) 20EX0025
7-17-10
PROFESSIONAL SERVICE AGREEMENT - COLORADO GARDEN TRACTOR PULLERS
ASSOCIATION (CGTPA)
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
. ELD COUr, C LORADO
ATTEST: Ell a-..,de(�
;'I
E � c s •Ia 'ademac er, Ch 'r
Weld County Clerk to the Board I861 Wt ,.,
, ;./1. t '
1 tic ,'
,+ F'%.ra Kirkmeyer, Pro em
Dept Clerk t• the Board � •
K, Sean . Conway
APP V AS TO EXCUSED
Willi n F. Garcia
my A orney '4-
Davidr‘i
E. Long
Date of signature: SW la01b
2010-1574
EX0025
Weld County Fair Board
Colorado Garden Tractor Pullers Association
Professional Service Agreement
THIS AGREEMENT is made this?-yof July, 2010, by and between the Board of
County Commissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado 80631,
hereinafter referred to as the "County," and Colorado Garden Tractor Pullers Association
("CGTPA"),whose address is 1301 Lindenwood Drive, Ft. Collins, Colorado 80524-2233,
hereinafter referred to as the"Contractor."
WITNESSETH:
County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree as follows:
SECTION I-RESPONSIBILITIES OF CONTRACTOR:
Contractor shall conduct a Garden Tractor Pull during the 2010 Weld County Fair("the
Fair"), on July 31, 2010, at the Island Grove Park in Greeley, Colorado ("the Event"), for total
compensation of$350, which shall be paid in accordance with the terms set forth in the attached
Exhibit"A." County shall not be obligated to pay any further costs or expenses associated with
the Event. The Event shall be conducted in accordance with the terms set forth in Exhibit A. In
addition to what is stated in Exhibit A, Contractor shall provide the following:
Proof of insurance. Prior to commencing work on the Event on July 31, 2010, Contractor
shall furnish a certificate of insurance for general liability from Allied Specialty
Insurance of Treasure Island, Florida, as stated in Exhibit A. Said certificate of insurance
shall include Weld County, it's employees and officers, and the Weld County Fair Board
as an"additional insured."
SECTION II-RESPONSIBILITES OF COUNTY:
County shall provide that which is set forth in Exhibit A.
SECTION III—TERM:
The term of this Agreement shall commence and end on July 31,2010.
SECTION IV-INDEPENDENT CONTRACTOR:
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.
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o7OiD -is 25/
SECTION V-TIME OF THE ESSENCE:
Time is of the essence in the performance required pursuant to the terms of this Agreement.
SECTION VI-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.
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In Witness Whereof, the parties hereto execute this contract on the day first above written.
ATTEST: ", i . _ �_ COUNTY:
CLERK OF THE BO i ism �frt. '% THE BOARD OF COUNTY
;Q�'r�° COMMISSIONERS OF WELD
•i�•, COUNTY
1 eputy Cler to the Board ou Rade acher,Chairman
CONTRACTOR: JUL 2 12010
COLORADO GARDEN TRACTOR
PULLERS ASSOC TION
By:
Ralph Lauff ,Pr dent
Approv a to substance:
We C my Fair Board President
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a' d/D -'57
Exhibit "A"
2010 Contract for Tractor Pull
Colorado Garden Tractor Pullers Association
(AKA "CGTPA")
Ralph Lauffer, President
1301 Lindenwood Drive
Fort Collins, CO 80524-2233
970-556-7528 cell/days
970-493-5787 fax
A. CGTPA is responsible for the following:
1. Provide garden tractor pulling sled with weights. An operator will handle
operation of the sled during the event. CGTPA is responsible for transportation of
the sled to and from the event.
2. Provide distance measuring equipment and crew as necessary.
3. Provide a track flagman, with red and green flags.
4. Mark track boundary using cones and/or limed lines. CGTPA personnel will
layout tack boundaries prior to start of tractor pull, and remove cones when pull is
complete.
5 Provide scale equipment to weigh all tractors with drivers competing in the event.
Scales will be positioned behind track starting line. All tractors will be weighed
prior to their first hook in each class in which they are entered. CGTPA personnel
will monitor weighing.
6. Provide entry forms for competitors as needed, and order of pull sheets
describing classes and order of pullers in each class.
7. Provide pit pass armbands as necessary for CGTPA competitors, crew
members, and event personnel.
8. Collect entry fees per class entered from each participant. In addition, collect
insurance fee from each competing tractor driver to cover cost of$1 million
liability policy carried by CGTPA thru Allied Specialty Insurance of Treasure
Island, Florida.
9. Include the pull on the CGTPA pull schedule, and promote the event to CGTPA
members.
10. Obtain entries from CGTPA members, and prepare an order of pull for
contestants. Conduct competition portion of pull in approx 3 hour time frame
(time frame is impacted by number of entries, etc).
11. Provide CGTPA competitor and other event related written information to the
announcer's booth for use during the event as appropriate. Transmit puller
distance measurements to the announcer's booth. Provide experienced CGTPA
announcer personnel.
12. Arrange for Ron's Equipment of Fort Collins to provide a skidsteer with operator.
Coordinate operation of skidsteer for track preparation, track maintenance, and
sled pullback.
13. Encourage CGTPA members to participate in fair sponsored parade held prior to
event, if applicable.
14. Conduct event in accordance with rules, classes, etc as described in the CGTPA
rulebook.
Page 1 of 3
15. Provide awards for each class run, based on CGTPA rulebook.
16. Provide public address system for CGTPA announcer.
B. Weld County Fair Board is responsible the following:
1. Advertise and promote the event in advance, as appropriate, with advertising for
other fair events, including the fair book.
2. Provide a level track area approximately 100' - 150' long and 25' wide, including
20' open space minimum at each end. Note: actual competition portion of track is
100' long, and 15' wide —additional space is used to position the sled and
pullback skid steer (or tractor), sled weights, maintenance equipment, etc.
3. Allow CGTPA access to pull area and pit area approx 2 hours before scheduled
competition start time, and 5 hours after scheduled competition start time.
Provide track watering hose.
4. Limit access to track area to CGTPA competitors, crew members, track and
event personnel only.
5. Disallow any and all alcoholic beverages, including beer and wine, from the pit
and track area at all times by all persons (immediately before, during, and
immediately after the pull).
6. (Deleted.)
7. Provide a designated pit area where CGTPA pullers can park their trucks,
trailers, etc. used to haul tractors, sled, and related equipment to the event.
8. Agree that the event be conducted in accordance with the rules and regulations
of the CGTPA.
9. Provide spectator seating.
10. (Deleted.)
11. Provide restroom facilities for CGTPA personnel and for spectators.
12. Make arrangements for acceptance of CGTPA pit passes to allow CGTPA
competitors and other CGTPA personnel access to the fairgrounds and the
tractor pull arena, parking, etc., as appropriate.
C. Classes will be run according to the current CGTPA rulebook.
D. Pull Schedule Information:
Pull Date 07/31/10
Arena Access Start Time 10:00 AM or earlier
Pulling Competition Start Time Noon
Completion of Arena Access Time 5:00 PM
Location Island Grove Regional Park, Main Grandstand Arena City Greeley, CO
Fair Board Name Weld County Fair Board Phone 970-304-6535X2085
E-mail Address emcmanusCcilco.weld.co.us
Website Address www.co.weld.co.us/Weld County Fair
Contact Person Name Biz McManus Phone 970-304-6535X2085
Special considerations:
See Section "E." below- $25.00 booking fee to be paid at time of contract signing.
$325.00 balance due at completion of pull.
Page 2 of 3
E. Costs to Fair Board or Other Event Sponsor:
CGTPA Sanction Fee $ 350
Class awards Included Above
Use of Sled, Scale, Other Equipment Included Above
Transportation of sled, scale & other equipment Included Above
Total $ 350
Page 3 of 3
Donna Bechler
From: Esther Gesick
Sent: Friday, July 23, 2010 11:53 AM
To: Donna Bechler
Subject: FW: Revised Contract for Garden Tractor Pull at Weld County Fair
This should be scanned as backup to the agreement.Thanks!
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)336-7215 X4226
(970)352-0242 (fax)
From: RALPH LAUFFER [mailto:reds.lauffer@q.com]
Sent: Friday, July 23, 2010 11:49 AM
To: Bruce Barker
Cc: Elizabeth McManus; Esther Gesick; Randy Weber - CGTPA; Darin Lauffer-home; Marcus Embry
Subject: Re: Revised Contract for Garden Tractor Pull at Weld County Fair
Mr. Barker,
Thanks for working with me to resolve the issues of comprehensive automobile liability insurance,
worker's compensation, and professional liability insurance as they relate to the CGTPA garden tractor pull
to be held at the Weld County Fair on 07/31/10. As we discussed, these do not apply to our event.
References to same have been removed from the Revised Contract you attached to your email below;
they were included in the previous Garden Tractor Pull Agrmt.docx attached to Esther Gesick's 07/21/10
email to me.
The revised contract you attached to your email below adequately addresses my concerns regarding the
above issues.
As we discussed, we will have Allied Specialty Insurance fax an "additional insured" endorsement to your
attention at 970-352-0242.
I appreciate the prompt attention you gave to this matter.
Regards,
Ralph Lauffer
President, Colorado Garden Tractor Pullers Association
phone 970-556-7528
fax 970-493-5787
Original Message
From: Bruce Barker
To: reds.laufferna q.com
Cc: Elizabeth McManus ; Esther Gesick
Sent: Friday, July 23, 2010 11:25 AM
Subject: Revised Contract for Garden Tractor Pull at Weld County Fair
Mr. Lauffer:
See the attached. Please feel free to call me if you have any questions. Please bring the signed contract
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with you to the Fair on July 31, 2010.
Bruce Barker
Weld County Attorney
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