HomeMy WebLinkAbout20070526.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - DEMOLITION DERBY RACING 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 Attorney's Office and the Weld County Fair Board, and the
Demolition Derby Racing Association, commencing upon full execution, 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 Attorney's Office and the Weld County Fair Board, and the Demolition Derby Racing
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 28th day of February, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WENOI_oR
ATTEST:
C,;j, avid E. Long, Chair
Weld County Clerk to the -1
BY: �" Wig` r47R7raec7em
Deputy Clerk to the Boar
William F. Garcia
AP A RM: EXCUSED
Robert D. Masde
ounty Attorney
ougl ad a her
Date of signature:
2007-0526
BC0037
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WELD COUNTY, COLORADO
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT is made this_20_day of_February_, 2007, by and between the Board of Weld
County Fair of Weld County, located at 525 N. 15'" Avenue, Greeley, Colorado 80631, hereinafter
referred to as the "County," and the Demolition Derby Racing Association, located at P. 0. Box 337012,
Greeley, Colorado 80633, hereinafter referred to as the"Contractor."
The County and the Contractor, for the consideration herein set forth agree as follows:
SECTION I-SERVICES OF THE CONTRACTOR
The Contractor shall provide all labor and materials necessary to successfully promote and present a
Demolition Derby at the Island Grove Regional Park Grandstand Arena on May 20, 2007, at 2:00 p.m.
(the"Event"), as more specifically set forth in this Section I.
A. Contractor agrees to make all arrangements for the registration of participants for the Event.
Contractor will require that all Event participants pay an entry fee of$50.00, purchase necessary pit
passes for $15.00 each for the first three (3) and $20.00 for every one thereafter, sign a waiver of
liability form, and pass a vehicle inspection. All monies collected shall be paid over to the County in
accordance with the provisions of Section I.J., herein.
B. Contractor will determine the racing format, the scheduling of heats, the judging scoring, and the
timing of heats, subject to approval by the County.
C. Contractor shall provide printed sets of rules.
D. Contractor will provide all judges and inspectors for the event.
E. Contractor shall be responsible for advertising and soliciting participants for the Event.
F. Contractor shall be responsible for coordinating the Event schedule and shall report all problems or
concerns with the County Demolition Derby Committee Chair.
G. Contractor shall assign duties and responsibilities to volunteers as necessary.
H. Contractor shall determine the winner(s)of each heat at the Event and shall provide the County with a
listing of winners.
I. Prior to the Event, Contractor shall determine the categories of winners entitled to receive purse
monies, and the amounts that will be awarded to such winners, subject to approval by the County.
J. Contractor shall provide the County with a written accounting of all participants, entry fees, pit fees,
and other monies collected for the Event no later than May 20, 2007. Payment of all Event monies
collected must be made to the County no later than the day of the Event.
2007-0526
SECTION II-RESPONSIBILITIES OF THE COUNTY
A. County shall provide information as necessary or requested by the Contractor to enable the
Contractor's performance under this Agreement.
B. County shall promptly notify the Contractor in writing whenever the County becomes aware of
unsatisfactory performance of service.
C. County agrees to provide Contractor with a suitable location for the presentation of the Event.
Location shall be clear of brush, trash, and other objectionable matter so as to be in a condition that
the Event may be safely and conveniently set up.
D. County will provide the announcer for the Event, and will have available necessary amplifier and
sound equipment for the announcer.
E. County shall advertise the Event to the public.
F. County shall provide security for the Event.
G. County shall have available fire department equipment and ambulance service.
H. County shall provide volunteers as needed to help in the staging of the Event.
I. County shall issue purse checks to participant winners within two weeks after the Event by mail. The
total purse monies available for distribution shall be equal to that, which was agreed upon by the
County prior to advertising the Event.
J. County shall provide wreckers,tractors, loaders, etc. to remove disabled cars after each heat. A water
truck will be provided. Water usage is subject to any legal restrictions in place at the time of the
event.
K. County shall be responsible for general ticket sales for the event.
L. County shall provide 8 fire extinguishers.
SECTION III—TERM
The term of this Agreement shall be for the day of the Event,May 20, 2007.
SECTION IV—PAYMENT AND FEE SCHEDULE
It is understood and agreed by and between the parties hereto,that the County shall pay the Contractor for
services furnished, and the Contractor shall accept as full payment for the services furnished, an amount
equal to Four Thousand Five Hundred Dollars ($4,500.00). Payments for services furnished shall be in
accordance with the provisions of this Section IV.
A. Deposit
The County shall pay the Contractor a deposit in the amount of One Thousand Five Hundred
Dollars($1,500.00)upon approval of this Agreement.
B. Invoice
The Contractor will submit an invoice in the amount of Three Thousand Dollars ($3,000), which
is in addition to the deposit, to the County upon approval of this Agreement, or not later than
April 20, 2007. Payment of such invoice will be due at the completion of a successful Event on
May 20, 2007.
SECTION V-INDEPENDENT CONTRACTOR
In providing services under this Agreement, the Contractor acts as an independent contractor and not as
an employee of the County. The Contractor shall be solely and entirely responsible for his /her acts and
the acts of his/her employee,agent, servants, and subcontractors during the term and performance of this
Agreement. No employee, agent, servant or subcontractor of the Contractor shall be deemed to be an
employee, agent, or servant of the County because of the performance of any services or work under this
Agreement. The Contractor, at its expense, shall procure and maintain workman's compensation
insurance as required by State law and personal injury and property damage insurance in the coverage
amounts as described in Section VII.
Pursuant to the Workers' Compensation Act, & 8-40-202(2)(b)(IV), C.R.S., as amended, the
Contractor understands that it and its employees and servants are not entitled to workers'
compensation benefits from the County. The 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-NONDISCRIMINATION
The Contractor shall not discriminate against any employee or qualified applicant for employment
because of age, race, color, religion, marital status, disability, sex or national origin. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices
provided by the local public agency setting forth the provisions of this nondiscrimination clause.
SECTION VII-INDEMNIFICATION
The 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 liabilities, including reasonable attorney
fees and court cost arising out of damage or 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 VIII-INSURANCE
The 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 $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
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:
1. 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.
2. 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.
3. 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 IX-TERMINATION
The County may terminate this Agreement by giving 30-days advance written notice to the Contractor. If
the termination is a result of the Contractor's failure to perform any of its obligations under this
Agreement, or the Contractor's failure to engage a sufficient number of Participants to make the Event
successful, in the opinion of the County, the County shall be entitled to a full refund of all payments
and/or deposits made up to the effective date of the termination.
SECTION X-MUTUAL UNDERSTANDINGS
A. Jurisdiction and Venue
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this
Agreement. The parties agree that jurisdiction and venue for any disputes arising under this
Agreement shall be with the District Court of Weld County, Colorado.
B. Compliance with Laws
During the performance of this Agreement, the Contractor agrees to strictly adhere to all
applicable federal, state, and local laws, rules and regulation, including all licensing and permit
requirements. The parties hereto aver that they are familiar with § 18-8-301, et seq., C.R.S.
(Bribery and Corrupt Influences), as amended, and § 18-8-401, et seq., C.R.S. (Abuse of Public
Office), as amended, and that no violation of such provisions are present.
C. Record Retention
The Contractor shall maintain records and documentation of the services provided under this
Agreement, including fiscal records, and shall retain the records for a period of three (3) years
from the date this Agreement is terminated. Said records and documents shall be subject at all
reasonable time to inspection, review, or audit by authorized federal, state, or County personnel.
D. Assignability
Neither this Agreement nor any rights hereunder, in whole or in part, shall be assignable or
otherwise transferable by the Contractor without the prior written consent of the County.
E. Waiver
Waiver of strict performance or the breach of any provision of this Agreement shall not be
deemed a waiver, nor shall it prejudice the waiving party's right to require strict performance of
the same provision, or any other provision in the future, unless such waiver has rendered future
performance commercially impossible.
F. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations hereunder to the
extent that such delay or failure is caused by a force or event beyond the control of such party
including, without limitation, war, embargoes, strikes, governmental restrictions, riots, fires,
floods, earthquakes,or other acts of God.
G. Notice
Any notices given under this Agreement are deemed to have been received and to be effective:
(1)three (3)days after the same shall have been mailed by certified mail, return receipt requested;
(2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a
facsimile was received. For the purpose of this Agreement, any and all notices shall be addressed
to the contacts listed below:
Weld County Fair Demolition Derby Racing Association
525 N. 15th Avenue P.O. Box 337012
Greeley, Colorado 80631 Greeley, Colorado 80633
Attn: Donald Johnston Attn: Greg Wertz
Phone No.: (970)304-6535 Phone No. (970)222-2842
Fax No.: (970) 351-0415
and:
Weld County Attorney's Office
915 10`° Street
Greeley, Colorado 80631
Phone No.: (970)336-7235
Fax No.: (970) 352-0242
H. Integration of Understanding
This Agreement contains the entire understanding of the parties hereto and neither it, no the rights
and obligations hereunder, may be changed, modified, or waived except by an instrument in
writing that is signed by the parties hereto.
I. 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.
J. 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)Tj HE O t • ereto execute this contract on the day first above written.
ATTEST: t;GPI U
CLERK TO THE BOARD(/', +. C I MAN OF THE BOARD OF
Pie F . „ ` WE COUNTY COMMISSIONERS
lb A
De ty Cle t to the �� ti Chair,D, •d E. Long
Date: F Ed 2 25 2007 "a Date: - 028 2 ` 2007
A ov as to CON T :
W County Attorney's Office D oh" 'f ler:' ',��, : Association
Date: FEB 2 8 2007 Date: F a 'O
glee 9- 1556
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