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Home My WebLink About20101799 RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -WILD WEST CATTLE, LLLP 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 Wild West Cattle, LLLP, commencing and ending July 30, 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 Wild West Cattle, LLLP, 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 July 30, 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 1 Dou la ade c er, C air Weld County Clerk to the ::- -r• ci 3 :,. � o isV tiCifilliAL -rbara Kirkmeyer, o-Tem BY: t- .• „ . ��,p <---I- Deputy Clerk to the Boar I U NIC 1- } ♦ Sean P. Co way . C ) APPR AST • Wi F. Ga rcia orney cyA cV David E. Long Date of signature: 2j/ J "L ,' rx,4 0-61 r) 2010-1799 5-- ,5---10 EX0025 Weld County Fair Board Wild West Cattle, LLLP Professional Service Agreement THIS AGREEMENT is made this 3r°of June, 2010, by and between the Board of County Commissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Wild West Cattle, LLLP,hereinafter referred to as"Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: SECTION I-SERVICES AND RESPONSIBILITIES OF CONTRACTOR. Contractor shall produce one rodeo performance ("the Performance") for the 2010 Weld County Fair to be held on Friday, July 30, 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. The following rodeo stock: Sr. Bulls, Jr. Bulls, Young Gun Bull, Steers, Calves and Sheep, including but not limited to, all necessary and applicable individuals for the soul purpose and use of said contractor, understanding all participants are eighteen r4-older. 2. All draws completed by County and Contractor no later than 5:30 p.m. of said rodeo. 3. Contractor shall be responsible for all feeding and watering of all livestock. 4. Contractor shall be responsible for all injured or loss of livestock. 5. Feed for all livestock. 6. Announcer for rough stock Performances. 7. Personnel to runs chutes, gates, bullfighters, clowns,timers, flaggers and judges for rough stock Performances only. 8. Contractors shall be responsible for all payouts to contestants for rough stock Performances. 9. EMS services as needed or required. 10. Contractor shall pay all taxes, Island Grove Regional Park user fees, and any other fees associated with rough stock entries. 11. Panels or gates to divide arena in conjunction with county equipment available. 12. All livestock to be used in the Performance for inspection on the trailer before unloading. (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 on the trailer and will not be allowed to unload until they have been inspected. No additional health papers will be required.) 1 2010-1799 13. 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. 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 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: 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 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. 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 2 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 COUNTY. For the Performance, County shall provide the following: 1. Facility to conduct rodeo including pens for holding livestock with water. 2. A one time payment of$1,500 payable upon completion of the event by the Weld County Fair. Contractor will be required to allow free admission to the entire event for this sum. 3. Inspectors to conduct inspection of all livestock to be used in the Performance on the trailer before unloading. SECTION III—TERM. The term of the agreement shall commence and end on Friday, July 30, 2010. SECTION IV-PAYMENT AND FEE SCHEDULE Contractor shall receive: 1. A one time payment of$1,500 payable upon completion of the event by the Weld County Fair. Contractor will be required to allow free admission to the entire event for this sum. 2. All entry fees for the event. Contractor shall be responsible for paying the Island Grove Regional Park user fee of$1.50 per entry for rough stock Performances. 3. Contractor shall be responsible for all contestant payouts for rough stock Performances. 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 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 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 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 3 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 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. 4 ATTEST: ! -ii,/ CLERK OF TOA'1 e CHAIRMAN OF THE BOARD OF E ( LD COUNTY COMMISSIONERS Deputy Clerk o the 4�U:O- Chair,Bonito er� ,�" �� Date: L UG 0 9 2010 `--`-- Date: Appr to to :.i CO Y CTOR: We f' o uty Attorney's Office 'i i Can Catt e, LLLP Date: AUG 0 9 2010 Date: ?/3e,0 Approved as to substance: Stua b ebauer Weld County Fair Board President 5 aoio- /799 From:Brenda Adams FaxID:9707761553 Page 2 of 2 Date:7/292010 10:24 AM Page:2 of 2 el?a" CERTIFICATE OF LIABILITY INSURANCE OP ID BA DATE(MM/DDYYYYYI 07/29/10 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. IMPOR IANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 cum ALI NAME: PHONE IFAX LEN Insurance Agcy-Johnstown I/C, �o,E•tl: (NC.No): 4848 Thompson Pkwy, Ste 200 ADDRESS: Johnstown CO 80534 PRODUCER ID R. WILDW-2 Phone:970-635-9400 Fax:970-635-9401 INSURER(S)AFFORDING COVERAGE NAICY INSURED INSURER A: Western Heritage Ins. Co. Wild West Cattle Company, LLLP INSURERS: Kevin Rich 38050 WCR 53 INSURERC: Eaton CO 80615 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. THOR TYPE OF INSURANCE AWL-SHUR POLICY klF POLICY EXP LIMITS LIP INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILRY SCP0795077 05/30/10 05/30/11 PREMISES(Ea occurrence) $100,000 CLAIMS-WADE X OCCUR MED EXP(Any one person) $EXCLUDED X PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $1,000,000 )TI AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG $1,000,000 h I POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO N/A BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accdent) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ UMBRELLA LIAR OCCUR N/A EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION N/A TWCSORY IAT-S I 0 IH- ER AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORAPARTNER/EIFCUTIVEn EL EACH ACCIDENT $ OFFICERAAEMBER EXCLUDED? H IA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMB $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is required) If required by written contract or written agreement, the Certificate Holder is included as Additional Insured for ongoing operations under General Liability. July 30th Event at Island Grove Park. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE WELDCOU THE EXPIRATION DATE THEREOF,NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Weld County Fair 501 N. 14th Ave. preeley CO 80631 ¢� ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Hello