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Home My WebLink About20101575.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COOK'S RACING PIGS 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 Cook's Racing Pigs, 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 Cook's Racing Pigs 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 WELD COUNTY, COLORADO ATTEST: • aei � 4- I Radema er, hair Weld County Clerk to the Bo , k ; - e rbara Kirkmeyer ro-Tem BY. ) Dept Clerk t the Board Sean •. onw• AP D AS T M: IC tounty Attorney A C c I David E. Long Date of signature: g q/,o //9/iJ CC % Ca. 2010-1575 -1 -1 D EX0025 N ?CO MC' . . " ONTY EX NS:C'; 12 Weld County Fair Board Cook's Racing Pigs Professional Service Agreement THIS AGREEMENT is made this { of June, 2010, by and between the Board of County Commissioners of Weld County, Colorado, 915 10i1' Street, Greeley, Colorado 80631, hereinafter referred to as the 'County," and Cook's Racing Pigs, hereinafter referred to as the i'ontractor WITNESSETII County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows SECTION I — RESPONSIBILITIES OF CONTRACTOR: Contractor shall provide pig racing shoes, hereinafter referred to as the -Cooks' Racing Pigs " to occur during the 2010 Weld County Fair ("the Fair"), scheduled from July 29 to August 1, 2010, at the Island Grove Park in Greeley, Colorado, or total compensation of 5554,30U County shall not be obligated to pay any further costs or expenses associated with the Cooks' Racing Pigs. Set up time I.-cc Cooks' Racing Pigs may be done at a time convenient to both part:es Contractor shall, as part of Cook's Racing P gs, provide the fo'!owing Cook's Racing Pigs 1.1 All pigs entering the Weld County Fairgrounds must pass an animal health inspection upon arrival. All decisions of animal's health will be detemuned by the Weld County Fair Veterinarian. The Weld County Ell/ Veterinarian's decision is final. 1.2 If the pigs do not pass the Weld County Fair Veterinarian's health check, Contractor is responsible for reimbursing Weld County Fair the cost of the deposit. Contractor shall receive no compensation for attending the Fair if the pig, do not pass the health inspection. 1.3 All livestock shall remain nn trailer until an animal health inspection has been completed 1.4 Contractor shall perform up to 5 shows per day with 2 races per show from July 29`h to August 1"2010. \l�Q',\ 19 �p10 RECD 1 2010-1575 cYvo2J :UN- ' 4-7C;0 MON 11 : ONT 2 Proof of insurance Contractor shall furnish a certillcate of insurance for commercial general liability, comprehensive automobile liability, workers 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 persona, injuries to Participants, audience members, and volunteers arising out of Cook's Racing Pigs 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. Bodi.y Injury/Property Damage $1,000,000 (each occurrence) Pcrs..na! !op_ ry 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, is 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 Contractoi or injuries arising out of Cook's Racing Pigs, as a result of the activities taking place at Cook's Racing Pigs. 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 he suspended, voided, or cancelled without thirty (30) days prior written notice to the County by certified mail, return receipt requested RECEIVED pH 2% 2010 2 NON '. it w;_: „NT,T „ _ 33334,3 r. T4 Ali 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 ''runty, 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 — 12fSPONSIBILITES OF COUNTY: County shall provide the following: 2.1 Approximately 60 x 110 feet of level space for the race track area located within a well trafficked area. 2.2 ?5 bales (7 . cu. Ft each) of new shavings for the track surface. 2.3 Clean up for shavings. 2.4 Pump out services for pig trailer holding tanks. 2 5 The Fair shall pay a deposit of$500 to Cook's Racing Pigs at time of returned signed Agreement. The remaining balance of 14,000 will be paid the last day of the Fair on August 1, 2010. 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)(1V), C.R S., as amended. Contractor understands that it and its employees and serval :s 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 . jury to RECEIVED 3UN 29 2010 3 pet sons, entities, or property caused or sustained by any pet solids) as a result of Contractors performance or failure to perform pursuant to the terms of this Agreement SECTION VI — TERMINATION: Time is of the essence in Cook's Racing Pigs performance pursuant to the terms ot this Agreement. If Contractor is unable to provide the services required by this Agreement during the specified term herein, Contractor shall be deemed to have breached this Agreement and County may obtain said sen lees 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 parry ot the outstanding issue and allow one day to cure of such longer period of time as is mutually agreed upon by the parties It 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: I integrator orI'nderstandin 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 ❑m veritm; that is signed by the parties hereto. ? 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 tot 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 anc 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. RECt\l 4 . _____.._. _........ 1 . cm En Witness Whereof, the parties he eto execute this contract on the day first above written. ATTEST: p� COUNTY: CLERK OF THE BO ft. rLea``` CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS 1861 ( 2•"�G 1 sl�.Jv/�:i arY 4 Deputy Cle to the Boat. > jy t.\.! � y Dou as Radc acher, Chairman JUN 19 2010 CONTRACTOR: COOK'S ACI. G PIGS t, O tit By: (� Title. Approved as to substance: 0J1A5 el( ounty Fair Board President /i1O//sb 1 --5 a7CU/0-/S" From:Sofia Tovar Faze: Page 2 of 4 Date:7/7/2010 04:30 PM Page:2 of 4 "tc..e_ez CERTIFICATE OF LIABILITY INSURANCE OP ID SM DATE(MIMDNYYYY) 07/07/10 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. IMPORTANT: H 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 NAMEAul Wraith, Scarlett 6 Randolph PHONE Fax Ins. Serv. , Inc 0848084 &5r1 Ext): (WC,No): 622 Main Street ADDRESS:ODUCLR Woodland CA 95695 cuusTONFA ID F: COOKS-1 Phone:530-662-9181 Fax:530-662-6452 INSURER(S)AFFORDING COVERAGE MICA NSURED INSURER A: Lloyds of London Cook's Racing.Pigs INSURER B: Charles 6 Tonia Cook P.O. Box 613 INSURER C: Galt CA 95632 ASSURER 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 MID CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS R TYPE OF INSURANCE b R w D POLICY NUMBER (MMIDOIYYYY) (mummer)DDIYYYY) LIMITS GENERALUABLRY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY 080400095 05/05/10 05/05/11 PREMISES rEe omtirenw) $100000 CLAIMS-MADE X OCCUR MED EXP(My one person) $5000 X PERSONAL BADV INJURY $1000000 GENERAL AGGREGATE $2000000 GENL AGGREGATE LIMIT APPLIES� PER: PRODUCTS'COMP/OPAGG $2000000 7 POLICY n Z° I LOC $ AUTOMOBILE UABLRY COMBINED SINGLE LIMIT $ (Ea acddenl) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per emaem) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) 8 NON-OWNED AUTOS E UMBRELLA MB OCCUR EACH OCCURRENCE $ EXCESSLMB CLAIMS-MADE AGGREGATE $ wil DEDUCTIBLE $ RETENTION $ $ YEAS COMPENSATION I LIMITS IU _ ER AND EMPLOYERS'LIABILITY YIN [TORY ANY PROPRIETOR/PARTNER/EXECUTIVEn NIA EL EACH ACCIDENT I OFFICER/MEMBER EXCLUDED4 (mandatory H NH) EL DISEASE-EA EMPLOYEE $ II yes.describe OFtaximO EL DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESORPTION OF OPERATIONS I LOCATIONS/VEHICLES(Alto..ACORD 101,Additlonel Remarks Schedule,N more spew Is required) Weld County Fair is named as Additional Insured per form CG2011 01/96 but only insofar as the operations under the written contract are concern. Re: 2010 Weld County Fair/ Event dates: 07/26/10 to 08/03/10. See attached Common Policy Conditions for cancellation provisions CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCREEO POLICES BE CANCELLED BEFORE WELDC-1 THE EXPIRATION DATE THEREOF,NOTICE WEL BE DELIVERED II Weld County Fair ACCORDANCE WITH THE POLICY PROVISIONS. 525 N 15th Ave Exhibition Building AUTHORIZED REPRESENTATIVE Island Grove Regional Park Greeley CO 80631 I ©(17:4---es"— ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks oRD From:Sofia Toyer FaxID: Page 3 of 4 Date:7/72010 04:30 PM Page:3 of 4 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 AMENDED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER:080400095 BLANKET ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization whom you are required to add as an additional insured on this policy under a written contract,written agreement or written permit which must be: a.Currently in effect or becoming effective during the term of the policy;and b.Executed prior to the"bodily injury","property damage",or"personal and advertising injury". (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11(01/961 AMENDED @ ISO Properties,Inc,2003 Page 1 of 1 From:Sofia Tovar FaxID: Page 4 of 4 Date:7/72010 04:30 PM Page:4 of 4 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the and Declarations may cancel this policy by mailing c. Recommend changes. or delivering to us advance written notice of 2. We are not obligated to make any inspections, cancellation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or such actions we do undertake relate only to delivering to the first Named Insured written insurability and the premiums to be charged. notice of cancellation at least: We do not make safety inspections. We do not a. 10 days before the effective date of undertake to perform the duty of any person or cancellation if we cancel for nonpayment of organization to provide for the health or safety of workers or the public. And we do not warrant premium;or that conditions: b. 30 days before the effective date of a. Are safe or healthful; or cancellation if we cancel for any other reason. b. Comply with laws, regulations, codes or 3. We will mail or deliver our notice to the first standards. Named Insured's last mailing address known to 3. Paragraphs 1.and 2.of this condition apply not us. only to us, but also to any rating, advisory, rate 4. Notice of cancellation will state the effective service or similar organization which makes date of cancellation. The policy period will end insurance inspections, surveys, reports or on that date. recommendations. 5. If this policy is cancelled, we will send the first 4. Paragraph 2.of this condition does not apply to Named Insured any premium refund due. If we any nspections, surveys, reports or cancel, the refund will be pro rata. If the first recommendations we may make relative to Named Insured cancels, the refund may be certification, under state or municipal statutes, less than pro rata. The cancellation will be ordinances or regulations, of boilers, pressure effective even if we have not made or offered a vessels or elevators. refund. E. Premiums 6. If notice is mailed, proof of mailing will be The first Named Insured shown in the sufficient proof of notice. Declarations: B. Changes 1. Is responsible for the payment of all premiums; This policy contains all the agreements between and you and us concerning the insurance afforded. 2. Will be the payee for any return premiums we The first Named Insured shown in the Declarations pay. is authorized to make changes in the terms of this F. Transfer Of Your Rights And Duties Under This policy with our consent. This policy's terms can be Policy amended or waived only by endorsement issued by us and made a part of this policy. Your rights and duties under this policy may not be transferred without our written consent except in C. Examination Of Your Books And Records the case of death of an individual named insured. We may examine and audit your books and If you die, your rights and duties will be transferred records as they relate to this policy at any time to your legal representative but only while acting during the policy period and up to three years within the scope of duties as your legal afterward. representative. Until your legal representative is D. Inspections And Surveys appointed, anyone having proper temporary 1. We have the right to: custody of your property will have your rights and duties but only with respect to that property. a. Make inspections and surveys at any time; IL 0017(11/98) Hello