HomeMy WebLinkAbout20101720 RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- MAGICIAN AT PLAY
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 Magician at Play, commencing July 31,2010,
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 Magician at Play 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 28th day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
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� \ ELD COCNT COLORADO
ATTEST: ,. �� �s�'�b'
C I. s Radem-c er, • hair
Weld County Clerk to the : Nd n 'fi kV
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BY: � �/�f` �� rbara Kirkmeyjklintet
erPro-Tem
Depue lerk t i e Board
Sean P. ay
A D M: ( 92/
Wiltfam F. Garcia
unty Attorney -) I aA c
l David E. Long
Date of signature: fil`i/JO
Q' ') � C4U)'2) CC' F'i-� Lye\ �) 2010-1720
v `U QY�`U 1 - la- t O EX0025
1 - at-ID
Weld County Fair Board
Magician At Play
Professional Service Agreement
THIS AGREEMENT is made this 29th of June, 2010, by and between the Board of
County Commissioners of Weld County, Colorado, 915 l0`h Street, Greeley, Colorado 80631,
hereinafter referred to as the"County," and Magician at Play, Dan Jaspersen, hereinafter referred
to as the"Contractor" or "Magician at Play."
WITNESSETH:
County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree as follows:
SECTION 1 -SERVICES OF CONTRACTOR
Contractor shall provide entertainment for the Weld County Fair on July 31, 2010, and
August 1, 2010, for a total compensation of$1125. County shall not be obligated to pay any
further costs or expenses associated with Magician at Play. Contractor shall provide the
following:
1. Magician at Play:
1.1 Entertain 4-H youth during the Fair Dance on Saturday, July 31, 2010, from 8:00
p.m. to 12:00 a.m.
1.2 Entertain the public at the Weld County Fair on Sunday, August 1, 2010, from
11:00 a.m. to 4:00 p.m.
Proof of insurance. Contractor shall furnish a certificate of insurance for commercial
/a`( neral liability, comprehensive automobile liability, worker's compensation, and
�Y• s«ss,o,-1 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
ct
, ,,,,Arreceived approval thereof, the certificate of insurance showing compliance with the
following types and coverage of insurance.
��IS✓na nee L.)i/71 yy
Ct5inprehensive General Liability Insurance: to include products liability,
r5(9,/,...ectecompleted 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 Magician at Play's
activities.
Each Occurrence $1,000,000
7/2040 General Aggregate $1,000,000
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2010-1720
, omprehensive Automobile Liability Insurance: to include all motor vehicles
owned, hired, leased, or borrowed.
Bodily Injury/Property Damage $1,000,000 (each occurrence)
�PPersonal Injury Protection As Required by Colorado Statutes
) 'orkman'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 Magician at Play, as a result of the activities taking
place during the Magician at Play's acts.
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.
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.
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SECTION II-RESPONSIBILITES OF THE COUNTY
County shall provide the following:
2.1 An area for the Magician at Play to perform acts on July 31'2010, from 8:00 p.m.
to 12:00 a.m. and on August 1, 2010, from 11:00 a.m. to 4:00 p.m.
SECTION III—TERM
The term of this Agreement shall be from July 31, 2010, to and until 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 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. If 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.
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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.
ATTEST: V, ���";:•� �,� COUNTY:
CLERK OF THE BOA t� ' ` CHAIRMAN OF THE BOARD OF
iae: WELD COUNTY COMMISSIONERS
. .
*41 )-0_9 7 r
Deputy Clerk t fhe Board �� �� Dougla ra ofRadema her, Chairman JUL 2 8 2010
CONTRACTOR:
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L-bC 'tY OP/7
By: 7 ,0
Ti e: t�lf-
Approved as to substance:
el County Fair Board President
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