HomeMy WebLinkAbout20192455.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - MINI TRACTOR PULLERS OF AMERICA
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
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 Mini Tractor Pullers
of America, commencing from the date of execution by the Board of County Commissioners, for
the 2019 Weld County Fair, and ending July 27, 2019, 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 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 Mini Tractor Pullers of America, 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 26th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W , D COUNTY, CO •RADO
ATTEST: thAi •.eg4;[A,
Weld County Clerk to the Board
eputy
Barbara Kirkmeyer
Chair
Mike Freeman, Pro-Tem
e Board EXCUSED
APPROVED AS TO FORM:
g
/krt. County Attorney
Date of signature: (5-
E -X CSI Ken)
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P. Con
K. James
Steve Moreno
2019-2455
EX0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Contracts for 2019 Weld County Fair
DEPARTMENT: County Attorney Office and Weld County Fair Board DATE: June 17, 2019
PERSON REQUESTING: Karin McDougal and Jenn Eastwood
Brief description of the problem/issue:
Enclosed are 10 contracts for vendors at the Weld County Fair which will run from July 24 — July 28, 2019.
The contracts are as follows:
1. Corvettes West Car Club
2. Longs Peak Antique Tractor and Engine Association
3. Mountain Shadows Carriages by Darin Henry
4. Northern Colorado Draft Horse Association
5. JC McDowell DBA Young Guns Entertainment
6. Weld County Meat Goat Breeds Association
Ak7. Mini Tractor Pullers of America - new
8. 5 Flat Productions
9. The Weathered Oak - new
10. Airbound - new
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Approve contracts for placement on the June 26th Agenda or request a work session.
Recommendation:
Approve contracts for placement on the Agenda for June 26, 2019 without work session. The contracts
are being reviewed by the County Attorney's Office and Jenn Eastwood will attend the June 26, 2019 meeting
to answer any questions.
Approve
Recommendation
Sean P. Conway
Scott James
Mike Freeman, Pro -Tern
Barbara Kirkmeyer, Chair
Steve Moreno
Schedule
Work Session
Other/Comments:
2019-2455
2019 WELD COUNTY FAIR
MINI TRACTOR PULLERS OF AMERICA
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this Hof , 2019, by and between the Board of
County Commissioners of Weld County, Colorado, 915 0t'' Street, Greeley, Colorado 80631, hereinafter
referred to as the "County," and the MINI TRACTOR ULLERS OF AMERICA, hereinafter referred to
as the "Contractor" or "MTPA."
WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set
forth, agree that Contractor shall organize, produce, and conduct one garden tractor pull competition
("Competition") for the 2019 Weld County Fair to be held on July 27, 2019, starting at 10:00 a.m., at the
Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms and conditions:
SECTION I -CONTRACTOR RESPONSIBILITIES
1. Contractor agrees to safely conduct the Competition and any classes throughout the duration of
this Agreement to provide maximum protection for the Competition contestants ("Contestants")
and the public.
2. Contractor shall require all Contestants in the Competition to read and sign the 2019 WELD
COUNTY FAIR GARDEN TRACTOR PULL RELEASE, HOLD HARMLESS, AND
INDEMNIFICATION, attached to this Agreement as Attachment A and incorporated herein by
reference.
3. 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.
4. Contractor shall maintain insurance and strictly adhere to the following insurance related
requirements as follows:
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 June 1,
2019. 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, audience members, volunteers, or any other person in attendance at
the Weld County Fair arising out of the Contractor's activities. The comprehensive general
liability insurance shall be in the following minimum amounts:
Each Occurrence
General Aggregate
$1,000,000
$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. Performance shall not commence under this Agreement until
Contractor has submitted to the County and received approval thereof.
1
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 Workers'
Compensation Insurance as required by Colorado State statutes.
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. 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
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.
5. Contractor shall provide a garden tractor pulling sled with weights. An operator provided by
Contractor will handle operation of the sled during the Competition. Contractor is responsible for
transportation of the sled to and from the Competition.
6. Contractor shall provide distance measuring equipment and crew as necessary.
7. Contractor shall provide pull start personnel and a track flagman with red and green flags.
8. Contractor shall mark track boundary using cones and/or limed lines. Contractor will layout track
boundaries prior to the start of the Competition and remove cones when the Competition is
complete.
9. Contractor shall provide scale equipment to weigh all competing tractors and shall monitor
weighing. Scales will be positioned behind the track starting line and all tractors will be weighed
prior to their first hook in each class in which they are entered.
10. Contractor shall provide entry forms for competitors as needed, and order of pull sheets describing
classes and order of pullers in each class.
11. Contractor shall provide pit pass armbands as necessary for competitors, crew members, and
Competition personnel.
12. Contractor shall collect entry fees per class entered from each participant. In addition, Contractor
shall collect an insurance fee from each competing tractor driver to cover the cost of the $lmillion
liability policy carried by MTPA thru Allied Specialty Insurance of Treasure Island, Florida.
13. Contractor shall include the pull on the MTPA pull schedule, and promote the Competition to
MTPA members.
2
14. Contractor shall obtain entries from MTPA members, and prepare an order of pull for Contestants.
Competition portion of pull will occur in an approximately 3-4 hour time frame. Such time frame
may be shortened or lengthened depending upon the number of entries or other relevant factors.
15. Contractor shall provide experienced MTPA announcer and scorekeeper personnel. Contractor
shall provide MTPA competitor and other Competition related written information to the
announcer's booth for use during the Competition as appropriate. Contractor shall transmit puller
distance measurements to the announcer's booth.
16. Contractor shall arrange for the use of a skidsteer or other acceptable pullback vehicle through
Colorado Equipment or another supplier. Contractor shall provide a skidsteer operator and
coordinate operation of the skidsteer for track maintenance and sled pullback.
17. Contractor shall encourage MTPA members to participate in the Weld County Fair sponsored
parade held prior to the Competition, if applicable.
18. Contractor shall conduct the Competition in accordance with rules, classes, etc. as described in the
MTPA rulebook.
19. Contractor shall provide awards at its own expense for each class run based on MTPA rulebook.
20. At the conclusion of the Event, Contractor shall be responsible for cleanup and leaving any areas
utilized by Contractor or the Contestants in substantially the same condition as prior to set-up for
the Competition.
SECTION II -COUNTY RESPONSIBILITES
For the Competition, County shall provide or perform the following:
1. Advertise and promote the Competition in advance, as appropriate, with advertising for other
Weld County Fair events, including the fair book.
2. Provide a level track area approximately 250' long and 25' wide, including 30' open space
minimum at each end. Note: actual competition portion of track is 150' long, and 15' wide —
additional space is used to position the sled and pullback skid steer (or tractor), sled weights,
maintenance equipment, etc. The top 3-4" of the track shall be graded if necessary.
a. Provide tractor, leveling equipment, and operators to prepare, water, and pack track as
requested by MTPA track manager.
b. Prepare and water track one day in advance if possible. In any case, track preparation must be
completed at least 2 hours in advance of competition start time.
c. Provide track watering hose during pull.
3. Allow MTPA access to pull area and pit area approximately 3 hours before scheduled competition
start time, and approximately 4 hours after scheduled competition start time. Provide track
watering hose.
4. Limit access to track area to MTPA competitors, crew members, track, and event personnel only.
3
5. Disallow any and all alcoholic beverages, including beer and wine, from the pit and track area at
all times by all persons (immediately before, during, and immediately after the pull).
6. Provide a designated pit area where MTPA pullers can park their trucks, trailers, etc. used to haul
tractors, sled, and related equipment to the event.
7. Provide spectator seating in the main Island Grove grandstand and a barrier to separate the pull
area from spectators in the grandstand.
8. Provide restroom facilities and food concessions for MTPA personnel and for spectators.
9. Make arrangements for acceptance of MTPA pit passes to allow MTPA competitors and other
MTPA personnel access to the fairgrounds and the tractor pull arena, parking, etc., as appropriate.
10. Provide 2 portable tables with 6 chairs and a canopy, or canopies, to shade the tables for use by
MTPA personnel.
11. Allow MTPA announcer to use the Island Grove main grandstand public address system with two
portable microphones to play the national anthem and to announce the garden tractor pulling
event.
SECTION III — TERM
The term of this Agreement shall commence upon the date of execution by both the Contractor
and the County and end on July 27, 2019, upon the 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 $395.00 (three -hundred and ninety-five dollars), upon satisfactory
performance of the Contractor's duties. County shall not be obligated to pay any further costs or expenses
associated with Contractor not specified in this Section IV. Financial obligations are contingent upon funds
being acquired and budgeted or otherwise made available.
SECTION V - INDEPENDENT CONTRACTOR
Contractor acknowledges that it is an independent contractor and that pursuant to the
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 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
4
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) arising during the term of this Agreement and resulting from the
Competition or failure to perform pursuant to the terms of this Agreement.
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 VII - TERMINATION
Time is of the essence in the Event 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 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. County has the right to terminate this
Agreement, with or without cause on thirty (30) days written notice.
SECTION VIII - MUTUAL UNDERSTANDINGS
1. Integration of Understanding. This Agreement and Attachment A contain the entire understanding
of the parties hereto and neither it, nor 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.
5. Governmental Immunity. No term or condition of this Agreement 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.
5
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. 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
9. 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.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
CHAIRMAN OF THE BOARD OF CONTRACTOR
WELD COUNTY COMMISSIONERS
Barbara Kirkmeyer, Chair Jeff VanBeber
Event Coordinator
JUN 2 6 2019 7.
Date: Date:
6
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE
CHAIR - MINI TRACTOR PULLERS OF AMERICA
ATTEST: .r BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY:
Deputy Cl
APPROVED AS TO FUNDING;
Controller
WELD COUNTY, COLORADO
arbara Kirkmeyer, hair
2 2019
APPROVED AS TO SUBSTANCE:
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Elected Offic. or epartment Head
APPROVED AS TO FORM:
Co my Attorney
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