HomeMy WebLinkAbout20091580.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- DWIGHT ARNOLD ROUND -UP ENTERPRISES
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 Dwight Arnold Round -Up Enterprises,
commencing and ending July 24, 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 Dwight Arnold Round -Up Enterprises, 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 13th day of Jul_A.D., 2009.
ATTEST:
Weld County Clerk to the Boar
BY
APP
Delp
ty Clerk to the Boar
County Attorney
Date of signature 7/ 31
ARD OF COUNTY COMMISSIONERS
Y, COLORADO
m F. Garcia, Chair
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Dougl-- Rademach: r, Pro-Tem
Sea. P. Conway
a Kirkmeyer
David E. Long
2009-1580
EX0023
074.);/07
Weld County Fair Board
Dwight Arnold Round -Up Enterprises
Professional Service Agreement
THIS AGREEMENT is made this 6th of April, 2009, by and between the Board of County
�mmissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as
"County," and Dwight Arnold Round -Up Enterprises, hereinafter referred to as "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 Open Team Roping event ("the Event") for the 2009 Weld County Fair to be
held on Friday, July 24, 2009, at the Island Grove Park Arena in Greeley, Colorado, at a time set by County.
Contractor shall, as part of producing the Event, provide the following:
1. Sufficient personnel and livestock necessary to operate, work and produce the Event.
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2. All livestock to be used in the Event for inspection on the trailer before unloading. (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 on the trailer
and will not be allowed to unload 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,
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 the
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 Event's activities.
Each Occurrence
General Aggregate
Comprehensive Automobile
leased, or borrowed.
$1,000,000
$1,000,000
Liability Insurance: to include all motor vehicles owned, hired,
Bodily Injury/Property Damage
Personal Injury Protection
$1,000,000 (each occurrence)
As Required by Colorado Statutes
Workman's Compensation Insurance: As Required by Colorado Statutes
2009-1580
The 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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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 the
Contractor, or injuries arising out of the Event, as a result of the activities taking place at the
Event.
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
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 the 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 the Contractor to provide proof
of the insurance coverage or policies required herein.
Upon failure of the 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 the Contractor to obtain and/or maintain any required insurance shall not relieve
the Contractor from any liability under this Agreement, nor shall the insurance requirements be
construed to conflict with the obligations of the Contractor concerning indemnification.
SECTION II - RESPONSIBILITES OF COUNTY.
For the Event, County shall provide the following:
1. Facility and sound equipment to conduct the Event.
2. Personnel and equipment to work the arena.
3. Inspectors to conduct inspection of all livestock to be used in the Event on the trailer before unloading.
SECTION III — TERM.
The term of the Agreement shall commence and end on Friday, July 24, 2009.
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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
•unty. Contractor further understands that it is solely obligated for the payment of federal and state income
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 the 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. In the event 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.
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I. 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.
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.
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ATTEST:
CLERK OF THE BOARD
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Deoaly e/erk
Date: '7
Appro
In Witness Whereof, the parties hereto execute this contract on the day first above written.
i/
CHAIRMAN OF THE BOARD OF
WELD C OMMISSIONERS
CFiair; Willia
Date:
CON-
(
A,
We eounty Attorney's Office Dwight Arno d R ungUp Enterprises
abate: 7 /3 " ;CO % Date: 7 ( �(`
Approved as to substance:
11
StLaYit ebauer
Weld County Fair Board President
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