HomeMy WebLinkAbout20241781.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR TRUCK AND TRACTOR
PULL EVENT AT 2024 WELD COUNTY FAIR, AND AUTHORIZE CHAIR PRO-TEM TO
SIGN - NATIONAL SLED PULLERS ASSOCIATION (NSPA)
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 Services Agreement for a
Truck and Tractor Pull Event at the 2024 Weld County Fair between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
CSU Extension Service of Weld County / Fair Board, and the National Sled Pullers Association
(NSPA), commencing upon full execution of signatures, and ending July 13, 2024, 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 Services Agreement for the Truck and Tractor Pull
Event at the 2024 Weld County Fair between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the CSU Extension
Service of Weld County / Fair Board, and the National Sled Pullers Association (NSPA), be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern 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 1st day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddttos
Weld County Clerk to the Board
Deputy Clerk to the Bo
County Attorney
Date of signature: 1115)74
Cc: EK(KS/r-\G)
og/Iy/24
2024-1781
EX0031
.Cby h'ac (DE#S43 Z
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2024 WCF NSPA Truck Pull
DEPARTMENT: Extension/Fair
PERSON REQUESTING: Mikayla Gabel/Hannah Swanbom
DATE: 6/19/2024
Brief description of the problem/issue:
The Weld County Fair Board has approved a Truck Pull on July 13th as a kickoff to fair week and the attached contract for the 2024 WC Fair.
What options exist for the Board?
Approve/Deny the contract.
Consequences:
The Fair Board and staff would have to look for new service providers/entertainment.
Impacts:
New component we would like to add to the Fair to attract all fairgoers and participants.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
Contract is attached, the total cost is $18,692.50 that will be secured in sponsorships. The event will cost $10 per person with all gate
sales going back to the Weld County Fair.
Recommendation:
Weld County Fair Board reccommends to add a new component of a Truck Pull by the National Sled Pullers Association to the 2024 Weld County Fair.
This contract has already been approved by legal.
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
1,4
-1�
\141-
2024-1781
-1/t EX0 03 I
Weld County Board of Commissioners
and National Sled Pullers Association
Professional Services Agreement 2024 Weld County Fair
THIS AGREEMENT is made this day of Jul 2024, by and between the Board
of County Commissioners of Weld County, Colorado, whYse address is 1150 "O" Street,
Greeley, Colorado 80631, hereinafter referred to as the "County," and National Sled Pullers
Association (NSPA), whose address is 22150 County Road 53, Kersey, Colorado, hereinafter
referred to as the "Contractor."
WITNESSETH: County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree as follows:
Contractor shall provide a NSPA Truck Pull and Tractor Pull event for one performance
in association with the Weld County Fair activities, with this pull event to be held on July 13,
2024, at the Stampede Arena, Island Grove Park in Greeley, Colorado.
SECTION I - RESPONSIBILTIES OF CONTRACTOR:
I. Contractor will provide the following classes in the NSPA event if enough registrants fill the
class:
a. Work Stock Diesel
b. Economod Tractor
c. Pro Stock 4x4
d. 2.6 Diesel
e. Light Limited Super Stock Tractor
f. Superfield Tractor
g. 3.0 Diesel
h. Light Limited Pro Stock Tractor
i. 2WD
j. Modified Tractor
k. Super Street Diesel
L Modified 4WD
2. Contract agrees to provide a Sled for $2,000.00 plus mileage ($4.50 per mile one way from
22150 CR 53 Kersey, CO 80644). The County calculates this mileage to be 15 miles using
Google App, for mileage pricing of $4.50 x 15 = $67.50) The County agrees to pay this
pricing.
3. The Contractor agrees that no other mileage will be charged.
4. Contractor agrees to provide insurance coverage as required in Paragraph 7.a. of this
agreement.
5. Contract agrees to provide the following personnel at individualized pricing for this event for
a total of $2,250.00, which the County agrees to pay:
a. Registration $450.00
1
b. Skid Loader Operator $100.00
c. Packer Operator $100.00
d. Flagman x 2 at $100.00 each = $200.00
e. Track Prep $250.00
f. Scales $100.00
g. Hooker x 2 at $100.000 each = $200
h. Announcer $500.00
i. Announcer Clerk $100.00
j. Track Misc. Equipment $250.00
6. Contractor agrees to provide an Apparel trailer, which will be available near the stands for
spectators. The Contractor will be responsible for any required permitting for this trailer and
sales/taxing requirements.
7. Contractor agrees to provide their own security for the events.
8. Contractor agrees to have all NSPA voluntary Participants sign NSPA's Waiver of Liability
form as well as the Weld County Waiver of Liability Form for Participants in the events.
9. Insurance Requirements
a. Commercial General Liability Insurance. Contractor shall furnish to County a certificate
of insurance for commercial general liability upon notification of award and prior to
Contractor beginning performance. The commercial general liability insurance policy
shall, at a minimum, include coverage for property damage and bodily injury covering
injuries to Contractor, Contractor's employees, participants, volunteers, or any other
person in attendance at the Weld County Fair arising out of Contractor's activities. The
comprehensive general liability insurance shall be in the following minimum amounts:
Each Occurrence $1,000,000
General Aggregate $1,000,000
Contractor's comprehensive general liability insurance policy or certificate of insurance
shall be issued to include Weld County as an additional insured party and policy or
certificate of insurance 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. Contractor agrees that Contractor's
comprehensive general liability insurance shall be the primary coverage for any and all
losses or injuries resulting from Contractor's activities pursuant to this Agreement. Work
shall not commence under this Agreement until Contractor has submitted to County and
received approval thereof.
b. Contractor agrees to maintain automobile liability insurance as required by Colorado
State statutes for all automobiles associated with performance of the Contractor's
obligations under this Agreement. Where applicable, Contractor further agrees to
maintain Workman's Compensation Insurance as required by Colorado State statutes.
2
c. All insurers of Contractor must be licensed or approved to do business in the State of
Colorado.
d. Any and all deductibles contained in any insurance policy referred to in this Agreement
shall be assumed solely by, and at the sole risk, of Contractor.
e. Upon execution of this Agreement, the Contractor will provide to the County, 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
County's election, may be 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 any of the Contractor's indemnification obligations.
SECTION II — RESPONSIBILITES OF COUNTY:
1. County agrees to provide and make available at no charge to Contractor, adequate space at
Island Grove Park to enable Contractor to provide the services specified in this Agreement.
2. County agrees to provide funding of a total purse prize of $13,575.00, broken down as
follows for the various classes in the event (Total purse price if all classes are full):
a. Work Stock Diesel $325.00
b. Economod Tractor $600.00
c. Pro Stock 4x4 $1,075.00
d. 2.6 Diesel $1,075.00
e. Light Limited Super Stock $900.00
f. Superstreet Diesel $1,500.00
g. Modified 4WD $1,500.00
h. Superfield $600.00
i. 3.0 Diesel $1,500.00
j. Light Limited Pro Stock Tractor $1,500.00
k. 2WD $1,500.00
1. Modified Tractor $1,500.00
3. The County agrees to pay Contractor total pricing as summarized, excluding any purse
classes that are not full: Purse $13,575.00 plus Sled $2,000.00, plus mileage as delineated
above in Section 1, Paragraph 2, plus $800.00 for insurance costs to Contractor, plus
$2,250.00 for Personnel, plus $67.50 one-way mileage, for a total pricing package of
$18,692.50.
4. County will provide adequate parking spaces for equipment and vehicles.
5. County agrees to assist in requiring Participants to voluntarily sign Waiver of Liability
Forms, or otherwise be excluded from participating in events.
3
SECTION III — TERM:
The term of this Agreement shall commence upon the date of execution by both the
Contractor and County and end on July 13, 2024, conditioned upon the successful completion of
the responsibilities set forth in this Agreement.
Extension or Modification. Any amendments or modifications to this agreement shall
be in writing signed by both parties. No additional services or work performed by Contractor
shall be the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services.
SECTION IV — PAYMENT AND FEE SCHEDULE:
County shall pay Contractor $18,692.50, payable on July 13, 2024, upon satisfactory
completion of obligations by Contractor, minus any amounts in purse classes that are not full.
County shall not be obligated to pay any further costs or expenses associated with Contractor
beyond the total in this section.
SECTION V — INDEPENDENT CONTRACTOR:
Contractor acknowledges that it is an independent contractor and that 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. Contractor shall be solely
responsible for its acts and those of its agents and employees for all acts performed pursuant to
this Agreement.
SECTION VI - INDEMNIFICATION:
Contractor agrees to indemnify and hold harmless the Weld County Fair Board, its
officers, agents, employees, and volunteers, and County, its officers, agents, employees, and
volunteers, 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) during the term of this
Agreement resulting from Contractor's Event, acts, or failure to perform pursuant to the terms of
this Agreement.
4
County agrees to indemnify Contractor to the extent permitted under Colorado law for
any claims arising from negligent acts on the part of employees, volunteers, or agents of the
County.
Notwithstanding the expiration of this Agreement upon the expiration of the term
specified in Section III of this Agreement, or termination of this Agreement pursuant to Section
VII of this Agreement, this Section VI regarding indemnification shall survive the expiration or
termination of this Agreement.
SECTION VO — 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 from a third
party 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 reasonable time to cure or such longer
period of time as is mutually agreed upon by the parties. If the performance issue is not cured
within the cure period, the aggrieved party may terminate the Agreement and pursue any remedy
recognized by Colorado law. The County has the right to terminate this Agreement, with or
without cause on thirty (30) days written notice.
SECTION VIII - MUTUAL UNDERSTANDINGS:
I. Integration of Understanding, This Agreement contains the entire understanding of the
parties hereto and neither it, nor the rights and obligations hereunder, may be changed,
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 to this
Agreement 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 County and Contractor, shall be for the
sole and exclusive benefit of County and Contractor.
3. Sevetability. 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 despibed.
5
5. Compliance with Law. Contractor shall strictly comply with all applicable federal, State of
Colorado, and County laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discrimination and unfair employment practices.
6. Choice of Law and Venue. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference which conflicts with said laws,
rules and/or regulations shall be null and void. Venue for any legal dispute associated with
this Agreement shall be in Weld County, Colorado. Should the courts in Weld County not
have jurisdiction over the legal dispute, the venue shall be the nearest court in Colorado
having jurisdiction.
7. Non -Assignment. The rights and responsibilities of either party pursuant to this Agreement
are not assignable without prior written permission from the other party.
8. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101
et seq., as applicable now or hereafter amended.
9. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not
limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
CONT CTOR
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1 W.C.!
N tional Sled Pullers Assoc
Date: ocal-
ATTEST: ,,Wl.erlitet) .. ,,tp.,,A, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY•
WELD COUNTY, COLORADO
Deputy Cler " to the B. " � Perry L. Buck, Chair Pro -Tern
JUL 0 12024
doa�-iySl
NATIO-2
CERTIFICATE OF LIABILITY INSURANCE
OP ID: NC
I DATE (NM/DDr/YYY)
05/30/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the teens 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).
wear Donald Birdsong
RODUCER
ones Birdsong Ins Division of PHONE 866-998-3864
(AIC, No, Ext):
P
J
Specialty Program Group, LLC
600 Market St., Suite 210
Chanhassen, MN 55317
Donald Birdsong
INSURED
National Sled Pullers Association
22150 County Road 53
Kersey, CO 60644
866-998-3864
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
INSURER A: T.H.E. Insurance Company
ineURER e Berkley Life &Health Insurance
INSURER C
INSURER D :
INSURER E
INSURER F
(a...
NAIL 8
12866
64890
COVERAGES CERTIFICATE NUMBER: ,....
THIS IS TO CERTIFY THAT 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,
AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
EXCLUSIONS
INSR TYPE OF INSURANCE
/;,41,S t
INCD WVD
POLICY NUMBER
(MMgDIYY F,
lMM/uDDlYYm LIMBS
A
X COMMERCIAL GENERA. LIABILITY
CLAMS -MADE OCCUR
CPP 0107536 04
06/0112024
06/01/2025
EACH OCCURRENCE
1,000,000
$
PrEEM18ES Ei ocwrrence)
$ 100,000
MED EXP (Any one person)
excluded
PERSONAL u ADV INJURY
1'000'000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY ��T Loc
PRODUCTS - COMP/OP AGG
1,000,000
$
DLL
$ 1,000,000
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
_ AURTEOS ONLY
_ AUTOS ONLY
SCHEDULED
AU�TNOOS o
_ AUTOS ONY
COMBINED SINGLE LIMIT
(Ea accident)
$
$
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
$
p OPERTY DAMAGE
(Per accident
$
UMBRELLA LIAR _
EXCESS LIAR
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
AGGREGATE
$
DEO I I RETENTION$
MiraSCOMPE %ION
ANO EMPLOYERS' LIABILITY Y / N
ANY PROPRIETORIPARTNESSORCCNSR r
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If yes, describe under
OPERATIONS below
N I A
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$
E.L. DISEASE - eouGY LIMIT
A
DESCRIPTION OF
Part. Accident
PA L148020210804
06/01/2024
06/01/2025
ExeeseMod
AD&D
5,000
5,000
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached B more space Is required)
Event: Truck & Tractor Pull - NSPA
Location: Greeley, CO
Date: July 13, 2024 Promoter: Weld County Fair
Certificate holder is named as additional insured as it relates to general
liability in accordance with the terms and conditions of the policy
CERTIFICATE HOLDER
,,,,,,,V1..1-1-1,1.0.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Weld County Fair
ACCORDANCE WITH THE POLICY PROVISIONS.
Greeley, CO
AUTHORIZED REPRESENTATIVE
I
........n ..n.. wn.,.nn r•nOerr1erATInu All rinhfa raaarvarl.
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
tract
0
Entity Information
Entity Name *
NATIONAL SLED PULLERS
ASSOCIATION
Contract Name
2024 WELD COUNTY FAIR TRUCK PULL
Contract Status
CTB REVIEW
Entity ID*
@00048774
Contract Description *
2024 WELD COUNTY FAIR TRUCK PULL SHOW BY NSPA
Contract Description 2
Contract Type*
CONTRACT
Amount*
$18,692.50
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
EXTENSION SERVICES
Department Email
CM-
ExtensionServices@weldg
ov.com
Department Head Email
CM-ExtensionServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
New Entity?
Contract ID
8432
Contract Lead
MGABEL
Contract Lead Email
mgabel@weld.gov
Requested BOCC Agenda
Date *
07/08/2024
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
07/04/2024
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date
06/24/2024
Committed Delivery Date
Renewal Date
Expiration Date"
07/13/2024
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
HANNAH SWANBOM
DH Approved Date
06/24/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/01/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
06/25/2024 06/25/2024
Tyler Ref #
AG 070124
Originator
MGABEL
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