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Home My WebLink About20101800 RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - KIOWA CREEK COACHES, LLC 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 Kiowa Creek Coaches, LLC, 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 Kiowa Creek Coaches, LLC, 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 1nLD C//OU TY COLORADO ATTEST: � -1a.� w LQ�J �;` •- ��` Do gla adem er hair Weld County Clerk to the o• • , / ISM Qv arbara Kirkmeye , Pro-Tem BY: "3.�� Deputy Clerk to the B '% �'�"�# v �s� vac Se way / APP AS • M. illi F. Garcia .0 tyA orney David E. Long Date of signature: ay C� but-((Cu. r) 2010-1800 _ �� EX0025 Weld County Fair Board Kiowa Creek Coaches, LLC Professional Service Agreement THIS AGREEMENT is made this 'f4afJuly, 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 Kiowa Creek Coaches,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 provide a Percheron Draft Horse Team and 12 person people hauler for a four hour period during the 2010 Weld County Fair on Sunday, August 1, 2010, at the Island Grove Park in Greeley, Colorado, at a time set by County. Contractor shall, as part of the event, provide the following: 1. A Percheron Draft Horse team and 12 person people hauler for Sunday August 1st to advertise the Anadarko sponsorship of the draft horse show and shuttle people to the spectator area of the draft horse show from the central fair grounds oval. They will also stage the people hauler for static advertising of Anadarko's Draft Horse Show sponsorship on Friday and Saturday in the vendor area of the north oval. Kiowa Creek will also provide a vis-a-vis carriage for Sunday, August 1st for Ms. Colorado that will carry signage that the equipment is sponsored by Anadarko. 2. All livestock to be used in the event shall be presented at Centennial Village for animal health inspection on the trailer before entering the fair grounds. (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. 1 2010-1800 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 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 event, County shall provide the following: 1. Facility to park equipment and manage horses while on grounds for the event. 2 SECTION III—TERM The term of the agreement shall commence and end on Sunday, August 1, 2010. SECTION IV—PAYMENT AND FEE SCHEDULE Contractor will a check in the amount of$800 funded by the Anadarko sponsorship. 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 3 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: /J 'ji�� 141 : •' \\ CLERK OF THE BOErr.,` -A CHAIRMAN OF THE BOARD OF 1861 l� '..� t. WELD COUNTY COMMISSIONERS 1Py Deputy Clerk o the Board �'� Doug s Rade cher, Chairman Date: AUG 0 9 2010 Date: AUG 0 9 2010 Approved as to form: CONTRACTOR: W County Attorney oac es,RJ Steele i : Owner Date: 7/3 0(C) Date: 9/7447 Approv d asst to substance: uar baur, President Weld County Fair Board 4 02O/O-gaO ELISEMMTZ Laurie Macdonald <Imacdonald@skybeam.com> 07/20 ADMINISTRATIVE ASSISTANT FOR GOVERNMENT RELATIONS Print Cancel adarkfr From: "Laurie Macdonald" <Imacdonald@skybeam.com>To: <emcmanus@co.weld.co.us> 109916TH STREET.SUITE 1900.DENVER.C080202-1919 DIRECT:720-929-6646 Received-On: Today 11:47 AM F0.Box 173779.DENVER,CO 802173779 NW Fax 720-929-7646 EmmL Elise.DStz@anadaao.aom M.N.720.9296000 Subject: Fwd: RE: Weld County Fair ___-—'JI W' RE: Weld County Fair(4 KB) Download Hi Biz, Attached is a confirmation from Elise Dietz from Anadarko regarding their fair sponsorship. We will need the following contracts: 1) Northern Colorado Draft Association represented by Jack Taylor - 970-420-9302 for $400.00 for class premium sponsorshop that will be provided in cash to be disbursed by the Fair Board to the class winners in Anadarko envelopes for classes to be help Sunday, August 1st, 2010. A listing of the premium distribution will be maintained at the close of the show as a record of expenditure of the sponsorship fundgs. 2) Kiowa Creek Coaches represented by RJ Steele - 303-588-1197 to provide a Percheron Draft Horse Team and 12 person People Hauler for Sunday, August 1st to advertise the Anadarko sponsorship of the Draft Horse Show and shuttle people to the spectator area of the show arena from the central fair grounds oval. They will also stage the People Hauler for static advertising of Anadarko' s Draft Horse show sponsorship Thursday through Saturday in vendor area of the North Oval. Kiowa Creek will also provide a Vis- a-Vis carriage for Sunday August 1st for the Ms. Colorado that will carry signage that the equipment is sponsored by Anadarko. Please let me know if you need further information for the contract or what I can do to assist in getting them drafted and signed. Thanks! ! ! Laurie 970-397-7249 161:914M Greeks &MC key y� �taa� c.arQ Yc " Y.,s'ifirN t � y 1� _ — III M Laurie Macdonald <Imacdonald@skybeam.com> 07/20/10 11:48AM ! Print Cancel From: "Dietz, Elise" <Elise.Dietz@anadarko.com> To: <Imacdonald@skybeam.com> Received-On: Today 11:48 AM Subject: RE: Weld County Fair More... This sounds great. Please let me know if you need anything. Original Message From: Laurie Macdonald [mailtodmacdonald@skybeam.cora] Sent: Monday, July 19, 2010 8:31 PM To: Dietz, Elise Cc: rjsteele0l@juno.com Subject: Weld County Fair Hello Elise, We met at the Fair Grounds and talked about Family Fun Day and your event sponsorships. I have since talked with my Draft Horse Show contact person and yes, we are having a draft horse show. He has some entries and feels like it will fall in place though may be a smaller show than last year. What he is wanting to do with the Sponsorship money is pay exhibitor premiums. I would like to make a suggestion that would get you more advertising power for your dollars than sponsoring only premiums would do. How would you feel about the $1200 being split between the exhibitor premiums and a 12 person Covererd Wagon style people hauler pulled by a Percheron team with Anadarko advertising on it announcing your sponsorship of the Draft Horse show being on grounds Thursday through Sunday and on Sunday having it circulate between the grassy area and the draft horse show moving people back and forth. The split I would like to suggest would be $400 for premiums and $800 for the people hauler. With this amouunt of funding for the people hauler the Carriage owner would have a vis-a-vis with a Black and White Clydesdale available for the fair parade and at the disposal of Miss Colorado on Sunday. The carriage company owner, RJ Steele, sent you a post card with pictures of the covered wagon in anticipation of my contacting you to discuss this option Please contact me so we can further discuss your sponsorship and move forward. Whichever way we go with your sponsorship I would like to get the Anadarko banners for advertising and Anadarko envelopes for putting premium money in so the exhibitors know who sponsored the premiums. I look forward to visiting with you so that we can finalize this portion of your Weld County Fair sponsorship. Thank you for your help in making this a really great fair! Take care, Laurie MacDonald Weld County Fair Vendor Coordinator 970-397-7249 Anadarko Confidentiality Notice: This electronic transmission and any 0,7/30/2010 10:42 3037580182 ROCKY MTN INS SPECI PAGE 02/02 • AC REF CERTIFICATE OF LIABILITY INSURANCE DATE(""DD'"'"') `.-/ 07/30/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CIRTWICATE 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: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(las)must be endorsed. If SU§ROGA'ION IS WANED,subject to the Terme and conditions of the policy,certain policies may rsquke en endowment A statement on this certificate t Dee not confer tights to the certificate holder In heir of such endorsement(s). PRODUCER CONTACT ' Na;, ROCKY MOUNTAIN INSURANCE (; em,303-758-1850 I MR,c303-758-0182 SPECIALISTS.INC. r,Y II, - 2175 8,JASMINE ST.SUITE 109 CUETOMER DENVER,CO 80222 INSURERIE AFFORDING COVERA04 NAACP INSURED MluRERA.LLOYD'S $5UREA I I KIOWA CREEK COACHES LLC 1 Hill R.J.STEELE DBA IxaUIRSR°` 9}i,1 ;NINON D, 'II :11 14200 WELD COUNTY RD#7 , { �4} ,I - INSURER!:MEED,CO 80542 IIwUIIeRP. I( �il �I'llll i }life _ COVERAGES CERTIFICATE NUMBER: II }fIl •OMER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUE HE I ED D ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CO H�i R O CU T WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE I RI PH�{ER IS SJRJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAX HAVE Rossi RED„ED BY P LMMS. 'I MR ADEL MAR TYPE ^f1":,.( .ni til ' I l UNITS.IEEE,WIND POLICY eERMITALME NE A X RMIS07302010 I}fI i I r 4S 7/30/2d HOCCURRENOE 1,000,000 X COMMERCIAL GENERAL LIABILITY ! , (, II' li!!II i1}t, i 'PR IESam�urrNy) $ 100,000 - 1 cwMSJMDE (�octUR I '�1' Iii Ali Eli I MEDSEP(AMEAfpwEN $ 1,000 {7 + 11I1 VIII PERSONAL FAO INJURY $ 1.000,000 i�)llli i'I) 1liil GENERALAGGRrGATE 3 2.000,000 GE-NI'L AGGREGATE LIMIT APPLIES PER: 1 �I it i!Ililii"14 l( 1i��1 I III PRODUCTS-COMP/OP AGO r 2,000,000 /7 1 POLICY in JF�7 I 1 Lac gill 11 1 1r'N AUIOMOEls LN1ELITY I i`Ifil 11'Ili 'l!III'f�� CCO.MBINNEED 31NGE LIMIT $ ANY AUTO iii! I II! i I f BODILY INJURY(Porp non) 3 ALL OWNED AUTOS IIjI1' it, I' 911.f} II BODILY INJURY(PW=MO I SCHEDULED AUTOS 1 ,1 Ill lilt • PROPERTY DAMAGE S NON-OWNEDHIRED SAUTOS I ull, IIIli1l��ifi, lilt}}I, . (Per=Norm EXCESS WE _MORELLA LUIS Gomm il)t ilfifll 11}Uhl; EACH OCCURRENCE II DEDUCTIBLE IIICLAIIIMIIII , 11 Iii; (iI!i I ANNA RODREGAR i RETENTION I I�1 (I(I Ili. III NOREEN DANCOMPENSATION i1 I I ' ill, IrkYSif` i°2d'' 1 VIN �C{L.^ IMSICERAICUBI EMPLOYED' -,q?CU I We �11 E.L.EACH AE .M S rawly NIQ ll t E.L.DISEASE-U EMPLOYEE I MNOEYGiDPTWNOOPS IONE Wow I 1I iiil!' l E.L DISEASE-POLICY LIMIT S Hill 4i DeDCNPNDN OP OPEPArEee I LOCAi 4 GUM(MICA ACORD IM,MAtlbul RMUNo sM,.wN,Wows span M summit Wq HORSE AND CARRIAGE CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED AS PER WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WELD COUNTY FAIR BOARD ACCORDANCE PATH Ile POLICY PROVISIONS. 525 N.15TH AVE. GREELEY,CO.80831 AUTNORosoRiPRAISNYATVE ` 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25!20091091 The ACORD name and Moo are registered marks of ACORD Hello