The URL can be used to link to this page

Browse Search

Home My WebLink About20212647.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Commissioners Cup Timing Company Contract DEPARTMENT: Human Resources DATE: 8/27/21 PERSON REQUESTING: Patti Russell / Kelly Leffler Brief description of the problem/issue: The contract with Underground Racing is attached. This is the timing company that we have used the previous 3 years for the Commissioners Cup, and we have made no changes in the contract. This contract has been approved by the County Attorney's Office. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Recommendation: It is recommended the contract be moved to the next step and put on the consent agenda for an upcoming BOCC Meeting for final approval Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine C&ref-iotplP oq �OSS(zo Schedule Work Session Other/Comments: e(X(Pe-1 V8/9-' 2021-2647 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & RACING UNDERGROUND, LLC THIS AGREEMENT is made and entered into this 7111 day ofse✓ pp1t , by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Racing Underground, LLC, who whose address is PO Box 7042, Golden, CO 80403, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. • WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount which is the amount set forth in Exhibit A. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11.: Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and' warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be provided to County prior to the performance of any services under this Agreement. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 16. 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. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. 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. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26. Choice of Law/Jurisdiction. 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. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld county of the most recent employment for a PERA contributing employer. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit A, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this $1h day ofSep{cn0 7jp2A CONTRACTOR: By: Name: Title: 0-1-477 Date 1 WELD COUNTY: ATTEST. A°-�� Weld County Clerk to the B Deputy Clerk to the B APPROVED AS TO FUND Controller OVED SJJFORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair SEP 0 8 2021 VED AS TO SUBSTANCE; Elected Official or Department Head otooll Weld County Commissioners Cup 9/17/2021 3k/5k Kids Run - (untimed) Start: 4:30 PM Venue: Weld County Admin Building, 1150 O St, Greeley. CO RDPPUOpens: EarlyPPU: Thursday 7-6pm Weld County Admin Building RaceDir: Kelly Leffler County Wellness Coordinator 1150 O St Greeley CO 80631 ChipHandout: On Bib ContractlD: C21039 ContractDate: 8/20/2021 DepositDue: $500 Contract Line Items: Cks payable to: Racing Underground Minimum Fee 1-300 Entrants $1,000.00 Additional Entrants 301+ ($2.50 each) Mileage Fee $90.00 Bibs at cost Remote Start Mat $250.00 Results Kiosk ($50 each) Racing Underground Equipment (no additional charge): Timing System (power source included): BibChip FinishArch Yes FinishClock Yes Add'I Equip None. LodgingRequired? ❑ Yes 0 No Lodginglnfo N/A Run Events Only Event Fencing - 100ft No Sound ❑ Music ❑ PA BikeRacks 0 Yes El No Racing Underground Services (no additional charge): Race day data entry Link to event web site from our online regional race calendar Results posted throughout the event and online race day (internet availability dependent) Pins Supplied By RU BibsSuppliedBy RU Online Registration Setup By RU BibSource Generic Db. Due to RU by Tuesday Noon Services Not Provided by Racing Underground: Course setup or marking of course; Race day entry forms/cash box; Permits, insurance and promotion Providing volunteers for registration, packet pickup or out on the course; Goody Bags/samples Expected From Race Director: Database to be emailed in agreed upon format by agreed upon time & Provide necessary volunteers .Volunteers Req: None. Racing Underground, LLC; PO Box 7042, Golden, CO 80403; 303-642-7917 Page (1) of 2 RACING UNDERGROUND TIMING CONTRACT Cancellation Policy: A fee of $500 will be charged to any event that cancels greater than 60 days of the event date. If an event is canceled 60 days or fewer before the event date - then the full minimum fee will be charged. No exceptions will be made for any reason, including weather, terrorism, low entry numbers, or permit issues. If the race is postponed to another date within three months of the original date, and Racing Underground is available on that rescheduled date, then we will provide our timing services on the rescheduled date at the original price quoted. If Racing Underground is not available on the rescheduled date, then the full minimum fee will be charged. If the event is using disposable timing chips and the chips have already been affixed to the bibs, then the race will be charged $0.50 for each chip in excess of 300. Damaged Equipment Fee (Timing Mats): I understand that vehicles cannot drive across the time line mats. Replacement cost for each timeline is $5000. THIS AGREEMENT is made by and between RACING UNDERGROUND, LLC ("RU") and the RACE DIRECTOR noted above ("RD"). I have read the list of Services and/or Equipment provided by RU and agree to the race timing package for the above noted race. RU will provide a Post Race Invoice to the Race Organizer within one week of the race event. I agree to make full payment to RU upon receipt of the post Race Invoice. This agreement contains the complete and entire understanding between the parties with respect to the subject matter of this Agreement, and supersedes all prior oral or written agreements between the parties related to such subject matter. Race Director: Date: Racing Underground: Date: Racing Underground, LLC; PO Box 7042, Golden, CO 80403; 303-642-7917 Page (2) of 2 • CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 09/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, 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 ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER The Camp Team, LLC 9035 Wadsworth Parkway, Suite 3820, Westminster, CO, 80021 CONTACT NAME: PHONE 800 747-9573 FAX 303-422-1276 MAE'ah fA/C No): E-MAIL ADDRESS: info@campteam.com PRODUCER CUSTOMER ID : INSURER(S) AFFORDING COVERAGE NAIC # INSURED SSEI Program Management Inc. Racing Underground, LLC PO Box 7042 Golden, CO, 80403 INSURER A: HDI Global Specialty SE AA1340041 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TR TYPE OF INSURANCE ma POLICY NUMBFR am 5 DP a rvww LIMITS A GENERAL LIABILITY N N HDGL19000267 09/14/2020 09/14/2021 EACH OCCURRENCE $ 1,000,000,00 DAMAGE TO PREMISES RENTED (Any one premises) $ 300 000.00 X COMMERICAL GENERAL LIABILITY X I CLAIMS -MADE X OCCUR MED EXP (any one person) $ 5,000.00 PERSONAL 8 ADV INJURY $ 1,000,000.00 INCLUDES ATHLETIC PARTICIPANTS GENERAL AGGREGATE $ 3.000.000.00 GENERAL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000.00 $ X POLICY pi PROJECT I I LOC I LIAffi AUTOMOBILE 1TY N (Ea COMBINED SINGLE LIMIT accident) $ ANY AUTO HIRED AUTOS ALL OWNED AUTOS NON -OWNED AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE $ CLAIMS -MADE AGGREGATE $ D DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATICOI A D.o um. ANY PROPWEfORPARTNEREXECUTIVE El OFFICERMINI3ER EXCLUDED? Wmx yi,Ni) If yes, describe under SPECIAL PROVISIONS below NIA WC STATU- I OTH- TORY I IMITS FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER Abuse/Molestation N HDGL19000267 09/14/2020 09/14/2021 Each Occurrence: $ 25,000.00 Aggregate: $ 50,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEH CLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Endorsed Date :Feb 22 2021 12:00AM ES1 Liability Policy Deductible: $ 0.00 per each bodily injury or property damage claim. ISO Occurrence form CG 00 01 04 13 and company's specific forms. Coverage for Participant Legal Liability requires that every participant signs a waiver/release. RE: Registered Other : Event Timers participants: 09/14/2020 - 09/14/2021; (Continued next page) CERTIFICATE HOLDER Racing Underground, LLC PO Box 7042 Golden, CO, 80403 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /—,"!_f___.::'r Mark Di Perno ,1 CERTIFICATE NUMBER: A-SP-SU-20-09-09-217998 E • CANCELLATION ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ©1988- 2009 ACORD CORPORATION. All rights reserved. Hello