HomeMy WebLinkAbout20091471.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- NORTHERN COLORADO DRAFT HORSE ASSOCIATION
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 the Northern Colorado Draft Horse
Association, commencing 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 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 the Northern Colorado Draft Horse Association 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 24th day of June, A.D., 2009.
ATTEST:149.1/1/4/1
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Weld County Clerk to the B
BY
APP
De
y Clerk the Board
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Date of signature 11/3 0 q
David E. Long
BOARD OF COUF'JTY COMMISSIONERS
ELD COUNTY LORADO
Iliam F. Garcia, Chair
EXCUSED
Barba (a Kirkmeyer
PCX-f-
2009-1471
EX0023
Weld County Fair Board
Northern Colorado Draft Horse Association
Professional Service Agreement
WELD COUNTY
COMMISSIONERS
2009 JUN 19 P 4: 19
THIS AGREEMENT is made this �� f June, 2009, by and betwe 1 1r j-
County Commissioners of Weld County, olorado, 915 10th Street, Greeley, C``o1ora ogate,
hereinafter referred to as the "County," and Northern Colorado Draft Horse Association,
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 produce one Draft Horse Show and Feed Team Race ("the Performance")
for the 2009 Weld County Fair to be held on Sunday, August 2, 2009, 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. Production of the Performance.
2. All livestock to be used in the Performance for inspection off the trailer before stalling or
exhibiting. (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.
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
General Aggregate
$1,000,000
$1,000,000
1
2009-1471
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 Performance, County shall provide the following:
1. Facility and sound equipment to produce the Performance.
2. Personnel and equipment to work the arena, as needed.
SECTION III — TERM
The term of the agreement shall commence and end on Sunday, August 2, 2009.
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SECTION IV - PAYMENT AND FEE SCHEDULE
Contractor will receive a check for $2,000.00 from the Weld County Fair by July 1, 2009.
Any additional sponsorship money will be paid on or before the day of the Performance.
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
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.
In Witness Whereof, the parties hereto execute this contract on the day first above written.
ATTEST:
CLERK OF THE BOA
Donald Warden
Deputy Clerk • the Boar
Date: JUN 2 4 2009
Approved as to for
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
William F. Garcia, Chairman
Date: JUN 2 4 2009
CONTRACTOR:
Attorney NorthernColo. Draft Horse Association
/� Title: V re s , (i f J
JUN 2 4 2009
Date:
Apprpvas to substance:
, President
Weld County Fair Board
Date: G — /3,-- O
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