HomeMy WebLinkAbout20091048.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR WELD COUNTY FAIR
BOARD CARNIVAL RIDE AND AUTHORIZE CHAIR TO SIGN - CHEESMAN RIDES
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 for
Weld County Fair Board Carnival Rides 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 Cheesman Rides, commencing July 29, 2009, and ending August 2, 2009, 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 for Weld County Fair Board Carnival
Rides 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 Cheesman Rides
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 4th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the
Deputy Clerk'to the Board
ount is ttorney Date of signature' -51/9 (9
BOARD OF TY COMMISSIONERS
WELDOLORADO
arbara Kirkmeyer
EXCUSED
David E. Long
00: X7
7.54
2009-1048
EX0023
Weld County Fair Board
Carnival Ride
Professional Service Agreement
WELD D COUNTY
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9S APR 30 P 2: 21
THIS AGREEMENT is made this 10th of April, 2009, by and between the Board of.
County Commissioners of Weld County, Colorado, whose address is 915 10`x' Street, Gteefey, ' -
Colorado 80631, hereinafter referred to as the "County," and Cheesman Rides, whose address is
409 Walnut, Lebanon, KS 66952, 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
1. Contractor shall provide, at its expense, two carnival rides ("the Carnival") for the
2009 Weld County Fair ("the Fair") from July 29 to August 2, 2009, at the Island
Grove Park in Greeley, Colorado. The Carnival shall consist of at least two rides,
including kiddy rides and a teen ride, such as, but not limited to, Fire Truck,
Carousel, Wet Boats, Lady Bugs, Dragon Wagon, Motorcycles, Dinosaurs, Bear
Affair, Looney Airport, Holiday Train, and Inflatables.
2. The rides shall be in safe and good working condition.
a. Rides shall be operated in accordance with all applicable laws, regulations,
codes and standards and in the event a ride is "shut down," the Contractor
shall not be excused from fulfilling the terms of this Agreement. The
Contractor agrees to safely operate the rides continually through the
duration of the Weld County Fair and to maintain such rides in safe and
proper working conditions.
b. Contractor shall have an authorized agent on the grounds at all times
during the execution of the terms of this Agreement
c. Contractor shall adhere to all federal, state, and local laws and regulations
including, but not limited to, the laws of the State of Colorado, the County
of Weld, Weld County Health Department, any applicable fire codes and
regulations, National Electric Code, and Standards of the Industry of the
International Association of Fairs and Expositions.
d. Contractor shall be responsible for all the tie-ins and distribution of the
electrical and water systems at the point of the source. All electrical and
water charges, changes, provisions and additional needs of Contractor
shall be paid by the Contractor and completed by an agreed upon
electrician and/or plumber by both parties.
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2009-1048
e. Contractor, at its expense, agrees to furnish all ticket booths, carnival,
personnel, rides, games, concessions, shows, music, lighting, electrical
and all other equipment or utilities needed to operate its Carnival.
f. During and at the completion of each business day of the Weld County
Fair, the Contractor agrees to clean up the premises of the carnival and
living trailer site and leave the premises in the same condition as when
entered upon. All garbage and refuse shall be removed, carried and
deposited in proper trash containers.
g.
The Contractor representative, on the date of signing this Agreement
through its termination, shall be Joe Cheesman. The representative may
contact Weld County Fair personnel at any time before or after the Fair,
and shall be available throughout the carnival and be vested with the
authority to make all decisions on behalf of the Contractor, which are or
may be necessary to carry out the purpose of this Agreement.
3. 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 Contractor'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:
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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 Carnival, as a
result of the activities taking place at the Carnival.
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.
SECTION II - RESPONSIBILITES OF THE COUNTY
1. County agrees to provide and make available at no charge to Contractor, adequate
space at Island Grove Park for erection and operation of the rides.
2. County shall advertise the Carnival and the Weld County Fair in advance of the
annual event in an appropriate manner as determined by the County.
SECTION III - PAYMENT AND FEE SCHEDULE
Contractor agrees to pay the County ten percent (10%) of the gross receipts from the
rides during the Carnival. At the close of each day, or at a time agreed upon by both parties,
Contractor shall pay the above sum to the County, or its accredited representatives. No
equipment of any type shall be removed from the premises until the County has been paid in full.
The Contractor further agrees to allow any accredited representatives of the County to examine
its books, records, tickets, and ticket sales for each day of business.
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SECTION IV — TERM
The term of the agreement and the dates for the Carnival shall be from July 29, 2009,
through August 2, 2009.
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 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 case 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.
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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.
5. Compliance with C.R.S. $ 8-1 7.5-101, Et. Seq., As Amended. Pursuant to
Colorado Revised Statute (C.R.S.), § 8-17.5-101, et. seq., as amended, the
Contractor shall meet the following requirements prior to signing this Agreement
and for the duration thereof
a. Contractor shall certify compliance with the Basic Pilot Program (created
in Pub.L. 104-208, as amended, and expanded in Pub.L. 108-156, as
amended, that is administered by the United States Department of
Homeland Security) on the attached certification.
b. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract for services.
c. Contractor shall not enter into a contract with a subcontractor that fails to
certify to the Contractor that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under this contract for
services.
d. At the time of signing this Agreement (public contract for services), the
Contractor has confirmed or attempted to confirm the employment
eligibility of all employees who are newly hired for employment in the
United States through participation in the Basic Pilot Program (created in
Pub.L. 104-208, as amended, and expanded in Pub.L. 108-156, as
amended, that is administered by the United States Department of
Homeland Security, registration available at https://www.vis-
dhs.com/employerregistration ) and, if the Contractor was not accepted
into the Basic Pilot Program prior to entering into this public contract for
services, the contractor shall apply to participate in the Basic Pilot
Program every three months until the Contractor is accepted or this public
contract for services has been completed, whichever is earlier. The
provisions specified in this paragraph 5 shall not be required or effective
in this public contract for services if the Basic Pilot Program is
discontinued.
e. Contractor shall not use the Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while this public contract for
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services is being performed.
f. If Contractor obtains actual knowledge that a subcontractor performing
work under this public contract for services knowingly employs or
contracts with an illegal alien, the Contractor shall: notify the
subcontractor and the County within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and terminate the subcontract with the subcontractor if
within three days of receiving the notice required pursuant to the previous
paragraph, the subcontractor does not stop employing or contracting with
the illegal alien; except that the contractor shall not terminate the contract
with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
g.
Contractor shall comply with any reasonable requests by the Department
of Labor and Employment (the Department) made in the course of an
investigation that the Department is undertaking pursuant to the authority
established in C.R.S. § 8-17.5-102(5).
h. If Contractor violates this Section II of this Agreement, the County may
terminate this Agreement for breach of contract. If the Agreement is so
terminated, the Contractor shall be liable for actual and consequential
damages to the County.
6. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
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In Witness Whthe pare es hereto execute this contract on the day first above written.
ATTEST:
CLERK OF THE BOA
Deputy Cle ' to the Board
Approved as to substance:
e d County Fai oar Pres nt
COUNTY:
CHAIRMAN OF THE BOARD OF
WELD CCOUNtY COMMISSIONERS
William F. Garcia, Chairman
MAY 0 4 2009
CONTRACTOR:
By: r
Pri Name: %as /v Claasn a..
Title:7j,r(P OAt,ner
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