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HomeMy WebLinkAbout20181982.tiffCheryl Hoffman From: Sent: To: Subject: Attachments: Janet Konkel Monday, October 01, 2018 4:50 PM Cheryl Hoffman Weld County Fair Ranch Sorting Proof of Insurance.pdf Please find attached the proof of insurance I have for the National Championship Ranch Sorters. I did not get an updated proof of insurance for 2018 — 2019. Janet 7(onk,e( Fair Coordinator CSU/Weld County Extension 525 N. 15th Ave., Greeley, CO 80631 970-400-2085 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 d oil, at to 3o is certificate S is certificate d oducer: YCASSELL : QUINE INSURANCE 7 WHEEL() I RD. NESBROU TN 37659 Kay Cassell EQUINE INSURANCE I r 11 hedock kt'ad J►►n ...bor ►ug►h. lenne..vv .37639 I -1U$)-230-838.4 CERTIFICATE OF INSURANCE ssued as a matter of information only and confers no rights upon the certificate holder. s not amend, extend or alter the coverage afforded by the policies below. Insured: Cinch Ranch Sorting National Championships Dave Wolfe P.O. Box 1 wellington, CO 80549 Affct ing Coverage: DIAMOND STATE INSURANCE COMPANY is is to certify t the policy period document with r, the polisies,desce shown may have Coverages: at the policies of insurance listed below have been issued to the insured named above for dicated, notwithstanding any requirement, term or condition of any contract of other ect to which this certificate may be issued or may pertain. The insurance afforded by ed herein is subject to all the terms, exclusions and conditions of such policies. Limits een reduced by paid claims. Commercial Ge . al Liability Occurrence Basis policy Quote NI her Effective Date AEL 01023+9701 June 29, 2017 General A :gregate Each Osrrence Products : Completed Operations Aggregate Persona nd Advertising Injury Dannagt o Premises Rented To You Any One Medical xpense Limit- Any One Person. Dessert ti of Iris red Operations: Sorting: July 22&23, 2017 Additional Insure • Weld Count` verage inclu( the preceding day of show. for set-up and 2 days following show for dismantling. Expiration Date June 29. 2018 $2,000.000 $1,000,000 Not Covered Not Covered $250.000 $ 5,000 cellation: Sho Id any of the above described policies be cancelled before the expiration date there of tili issuing comps y will endeavor to mail 10 days written notice to the certificate holder named above, but failure to mail su : notice shall impose no obligation or liability of any kind upon the Company. its agents v representative,. SSELL UINE INSURANCE 7.(•77 DATE RESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - RANCH SORTING NATIONAL CHAMPIONSHIP 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 Ranch Sorting National Championship, commencing from the date of execution by the Board of County Commissioners, for the 2018 Weld County Fair, and ending July 22, 2018, 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 Ranch Sorting National Championship, 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 25th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifeA)�� Weld County Clerk to the Board BY: Deputy Clerk to the Boa AP"." DAST Count ' At orney Mike Freeman Date of signature: G'? -,27-6) Ste e Moreno, Chair arbara Kirkmeyer can P. Cry' way ro-Tem ex op -o1-12 2018-1982 EX0030 2018 WELD COUNTY FAIR RANCH SORTING NATIONAL CHAMPIONSHIP PROFESSIONAL SERVICES AGREEMENT To THIS AGREEMENT is made this p ,pf , 2018, by and between the Board of County Commissioners of Weld County, Colorado, 915 th Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Ranch Sorting National Championship, hereinafter referred to as "Contractor." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall hold one ranch sorting clinic ("Clinic") on July 21, 2018, and hold one ranch sorting competition ("Competition") on July 22, 2018, for the Weld County Fair at the Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms and conditions: SECTION I - SERVICES OF CONTRACTOR 1. Provide all livestock needed to produce the Clinic and Competition and all personnel to handle said livestock. a. Contractor shall be responsible for all injury to, or loss, of livestock. b. Contractor shall be responsible for the feeding and watering of all livestock. All animal feed shall be provided at Contractor's expense. c. Livestock to be used in the Clinic and Competition must be accompanied by an official certificate of veterinary inspection (health certificate) issued by an accredited veterinarian within ten days prior to entry to the fair grounds and said certificate along with one photocopy shall be presented to appropriate Fair personnel upon arrival at the fairgrounds. 2. Contractor will handle all entries and costs associated with producing, marketing and sponsoring the Clinic and Competition. All sponsors will need to meet the approval of the Weld County Fair Board and should not conflict with sponsors already procured by the Weld County Fair as determined by the Weld County Fair Board. Sponsors may not include alcohol or tobacco related sponsors or any other sponsors not deemed appropriate by the Weld County Fair Board. 3. Contractor agrees to safely conduct the Clinic and Competition to provide maximum protection for the participants, Contractor personnel, Weld County Fair staff, and the public. 4. Contractor shall require all participants in the Clinic and Competition to read and sign the 2018 WELD COUNTY FAIR RANCH SORTING CHAMPIONSHIP RELEASE, HOLD HARMLESS, AND INDEMNIFICATION, attached to this Agreement as Exhibit A and incorporated herein by reference. 5. If utilized, an announcer(s) for the Clinic and Competition at Contractor's expense. 6. All personnel necessary to staff the Clinic and Competition. 7. All payouts or other prizes to participants in the Clinic or Competition. 2018-1982 (l) 8. EMS services as needed or required. 9. If necessary, panels or gates to divide arena in conjunction with. available County equipment. 1 10. At the conclusion of the Clinic and Competition, Contractor shall be responsible for cleanup and leaving the arena and any areas utilized by Contractor or the participants in substantially the same condition as prior to set-up for the Clinic and Competition. 11. 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 the 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, 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' srehensivegiral liability insurance policy or certificate of insurance shall be issued to inc ude. eldeld Count an additional insured party and policy or certificate of insurance shall be endorsed to stare Mat 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. 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. 2 SECTION II - RESPONSIBILITES OF THE COUNTY For the Clinic and the Competition, County shall provide the following: 1. Facility and sound equipment to produce the Clinic and the Competition. 2. Personnel and equipment to work the arena, as needed. 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 22, 2018, conditioned upon the satisfactory completion of the responsibilities set forth in this Agreement. SECTION IV — PAYMENT AND FEE SCHEDULE Exhibitors have the availability of stalls for a fee of: • $20.00 per stall per night paid to the Weld County Fair • $10.00 onetime charge to clean each stall used. Contractor shall collect funds and provide check to Weld County Fair within 15 days of the Event. No monetary payment shall be paid to Contractor for the services provided in this Agreement and County shall not be obligated to pay any Contractor costs or expenses not specified in this Section IV. 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 independent contractors 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, employees, and volunteers for, from, and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property caused or sustained by any person(s) arising during the term of this Agreement and resulting from the Clinic or Competition or the Contractor's performance 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 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 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 one day to cure or such longer period of time as is mutually agreed upon by the parties. In 3 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. SECTION VIII - MUTUAL UNDERSTANDINGS 1. 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. 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. 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 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. In Witness Whereof, the parties hereto execute this Agreement on the day first above written. CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CONTRA TOR: 66 NE L --r Steve Moreno, Chairman Date: Day of e Ranch Sorting Nation . Championship Date: 4 RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN RANCH SORTING NATIONAL CHAMPIONSHIP ATTEST: dZ adto;eie. Weld County Clerk to the Board BY Deputy Cl.! k to the Bo BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Moreno, Chair 'JUN 2 5 2018 APPROVED AS TO FUNDING; �' L �1 PPROVED AS TO SUBSTANCE: r. Controller Elected Official or Depart Head APPROVED AS TO FORM: ounty Attorney 5 EXHIBIT A 2018 WELD COUNTY FAIR RANCH SORTING NATIONAL CHAMPIONSHIP RELEASE, HOLD HARMLESS, AND INDEMNIFICATION NAME OF PARTICIPANT IN RANCH SORTING NATIONAL CHAMPIONSHIP: ADDRESS: ' 3 9 //C/O r. STREET CITY/TOWN STATE ZIP PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Ranch Sorting National Championship clinic and/or competition carries with it certain risks of injury, damage, or other loss, including death or permanent disability. The handling, management, or riding of animals, involves risks to the PARTICIPANT, or third persons, including, but not limited to, being kicked, bumped, stepped upon, bitten, or thrown by the animal. With complete understanding of the risks of participation in the Ranch Sorting National Championship clinic and competition, PARTICIPANT, or parent/guardian, hereby voluntarily releases and agrees to hold harmless, on his or her own behalf and on behalf of his or her heirs, successors, and assigns, the Fair Board, its officers, employees, agents, and volunteers; the County of Weld and its employees, officers, agents, and volunteers; the Board of County Commissioners of the County of Weld; Weld County Extension and its employees, officers, and agents (collectively the "Releasees"), from any and all claims and liability, past, present, or future, for any injury or damage to PARTICIPANT, or to his or her property, resulting from any cause whatsoever occurring in the course of the Clinic or Competition, excepting only such injury or damage resulting from the willful and wanton acts of the Releasees. The PARTICIPANT, or parent/guardian, also agrees to hold harmless, defend, and indemnify the Releasees from any and all claims and liability, past, present, or future, for any injury or damage to third parties, resulting from the acts or omissions of the PARTICIPANT occurring in the course of the Sorting National Championship clinic and competition. PARTICIPANT, or parent/guardian, further understands that the Releasees may be immune to liability pursuant to C.R.S. §13-21-119, for certain equine activities, or C.R.S. §§ 24-10-101, et. seq., by virtue of their governmental status. PARTICIPANT acknowledges and agrees that this Release, Hold Harmless and Indemnification herein stated in no way waives or replaces such immunities. By signing this Hold Harmless and Indemnification herein stated, the PARTICIPANT and/or parent/guardian acknowledges that he or she has read and understands all of the provisions contained herein. EXHIBIT A RELEASE, HOLD HARMLESS AND INDEMNIFICATION (continuation of signature page) The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on the 21st and 22°' day of July 2018: PRINTED NAME SIGNATURE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21, Ranch Sorting National Champion insurance renews June 29th 2018 Insurance will be included with agreement when received. Hello