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Home My WebLink About20081984.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR DRAFT HORSE SHOW AND PULL 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 for a Draft Horse Show and Pull 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, with 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 a Draft Horse Show and Pull 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 16th day of July, A.D., 2008. BOARD OF COUNTY COMMISSIONERS I) , l WELD COUNTY, COLORADO blvL1i6_ft�fQ ATTEST: 1.61 J Will' m H. Jerke, Chair Weld County Clerk to th`' 4Q__ n. (� \. (x Robert-11P-1�}a , Pro-Tem BY: Deputy Clerk to e Board L Wi�iatn F. Garcia APP AS J0 f David E. Long unty Att ey Dougla ademach Date of signature: "/ 2008-1984 a-w, ,EX 0023 Weld County Fair Board Northern Colorado Draft Horse Association Professional Service Agreement THIS AGREEMENT is made this 10`h of June, 2008, 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 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 Pull ("the Performance") for the 2008 Weld County Fair to be held on Sunday, August 3, 2008, 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 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 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 $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 2008-1984 1 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: 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 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 For the Performance, County shall provide the following: 1. Facility and sound equipment to produce the Performance for a sum of$2,000.00 plus any additional sponsorship money collected. 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 3, 2008. SECTION IV—PAYMENT AND FEE SCHEDULE Contractor will receive: 1. A check for $2,000.00 from the Weld County Fair by June 1, 2008. Any additional sponsorship money will be paid on or before the day of the Performance. 2 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. 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. 3 In Witness��_ereof, the p • cute this contract on the day first above written. ATTEST: CLERK OF THE BOARD r " 1 — _ CHAIRMAN OF THE BOARD OF /� M WELD COUNTY COMISSIONERS f• B : ✓Ill-�yL�7� � � Deputy Cl *rk to the Bo rd v ✓ Chair,William Jerke Date: 07/16/2008 _ Date: 07/16/2008 Appmryst as to CONTRACTOR: � J " C / 3f e--g- k W ouuty Attorney's Office Northern Colorado Draft Horse Association Date: 07/16/2008 Date: & —/7-O? Approv d as to substance: wart ebauer Weld County Fair Board President 4 rAY7 /9F9' ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MNVDDNYYY) 06/17/2008 PRODUCER (970) 484-2805 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John C. Beckett & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 Smith Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Collins CO 80524- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A'.PENN-STAR INSURANCE CO. Colorado Draft Horse Association INSURER B. 4880 Tall Horse Trail INSURER C. INSURER D. Sedalia CO 80135- INSURERE. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDD/YY) LIMITS A GENERAL LIABILITY PAC6696079 07/20/2007 07/20/2008 EACH OCCURRENCE $ 1000000 DAMAGE NTED X COMMERCIAL GENERAL LIABILITY PREMSESO(Ea Eoccurrence) $ 100000 CLAIMS MADE X OCCUR / / / / MED EXP(Any one person) $ 5000 PERSONAL SADV INJURY $ 1000000 07/20/2008 07/20/2009 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S INCLUDED X POLICY n JECT ri LOC / / / / WAND AUTOMOBILE LIABILITY NO COVERAGE / / / / COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS / / / / BODILY INJURY 8 SCHEDULED AUTOS (Per person) HIRED AUTOS / / / / BODILY INJURY NON-OWNED AUTOS (Per accident) $ / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO NO COVERAGE / / / / OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY NO COVERAGE / / / / EACH OCCURRENCE $ I OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE / / / / $ RETENTION $ $ WORKERS COMPENSATION AND NO COVERAGE / / / / VVCTORY umrs OTH- ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E .EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? / / / / E .DISEASE-EA EMPLOYEES If yes,descnbe under SPECIAL PROVISIONS below E .DISEASE-POLICY LIMIT 8 OTHER NO COVERAGE / / / / / / / / / / / / DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ( ) - (970) 227-3346 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT WELD COUNTY FAIR FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 525 N 15TH AVE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE GREELEY CO 80631- Li- -', ACORD 25(2001/08) C ACORD CORPORATION 1988 thr INS025(01DB)05 ELECTRONIC LASER FORMS,INC.-(800)327-0545 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) M INS025(0108).05 Page 2 oft Hello