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Home My WebLink About20181981.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO DRAFT HORSE 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 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 Northern Colorado Draft Horse Association, 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 Northern Colorado Draft Horse 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 25th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditiL) jeLio; Weld County Clerk to the Board BY: Deputy Clerk to the Bo APP :$..DAST ounty, orney Date of signature: 07 -A7 -/S1 Steve Moreno, Chair ara Kirkmeyer, Prb-Tem can P. C • nway Mike Freeman cc.. EXo $ o J.J 2018-1981 EX0030 Weld County Board of Commissioners Northern Colorado Draft Horse Association Professional Service Agreement THIS AGREEMENT is made thisaa of (- QJ, 2018, by and between the Board of County Commissioners of Weld County, Colorado, 915 10t treet, Greeley, Colorado 80631, hereinafter referred to as the "County," and the Northern Colorado Draft Horse Association, Kit McCollum, Treasurer, 23528 CR 4, Hudson, CO 80642, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall produce one Draft Horse Show ("Performance") for the 2018 Weld County Fair to be held on Saturday, July 21, 2018, at Island Grove Park Arena in Greeley, Colorado, at a time set by the County. SECTION I- SERVICES OF CONTRACTOR 1. Production of the show. 2. All horses entering the grounds for the show shall present to the Weld County Fair Board a valid health certificate issued by an accredited veterinarian within ten (10) days prior to the show. 3. Proof of insurance. 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 Contractor has submitted to the County and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance: a. Comprehensive General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage and personal injury. Said insurance shall include coverage for any and all personal injuries arising out of the Contractor's activities. Each Occurrence General Aggregate $1,000,000 $1,000,000 b. 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 c. Workman's Compensation Insurance: As Required by Colorado Statutes 4. All insurers of Contractor must be licensed or approved to do business in the state of Colorado. 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, its employees and officers, and the Weld County Fair Board as additional insured parties and shall include the following provisions: 2018-1981 6( ) 1 The insurance company issuing the policy or policies 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 Contractor, or injuries arising out of Contractor's activities. The insurance company 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. 5. 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. 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 election of the County, 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 the obligations of Contractor concerning indemnification. SECTION II - RESPONSIBILITES OF THE COUNTY For the show, County shall provide the following: 1. Facility — the Saddle Club Arena and sound equipment to produce the show. Association members will arrive on Friday, July 20th to set up the arena and area for their show. 2. Personnel and/or equipment to work the arena, as needed. 3. In the event the show runs after dark the arena lights will be turned on. 4. Access to the stone house for concessions and restrooms. 5. Signage for exhibitors and spectators. 6. Draft horse exhibitors have access to camping sites located at the Saddle Club Arena at no charge for Friday, July 20th and must be vacated by the end of the show on Saturday, July 21St 7. $500.00 in sponsorship for the Draft Horse Show that will be acknowledged in printed material promoting the show. SECTION III - TERM 2 The term of this Agreement shall commence upon the date of execution by both the Contractor and the County, and end on Sunday, July 22, 2018, conditioned 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 Exhibitors have the availability of stalls on Friday, July 20th and Saturday, July 21St for a fee of: • $20.00 per stall per night paid to the Weld County Fair • $10.00 one time charge to clean each stall used. Contractor shall collect funds for stalls and cleaning a pay the Weld County Fair by check within 15 days of the Event. Contractor will receive a check in the amount of $500.00 to be used for premium payouts to the exhibitors, awards or judge compensation. 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 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 County, its officers, agents, and employees for, 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) as a result of 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 Event that is the subject 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 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 3 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, along with Exhibit A attached hereto and incorporated herein by reference, contain 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. 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, 4 In Witness Whereof, the parties hereto execute this contract on the day first above written. ATTEST: CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR: S NE KT 4�g Steve Moreno, Chairman Nort ern Colo. Draft Horse Association Kit McCollum Treasurer Date: Date: 14(1111g 5 RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN NORTHERN COLORADO DRAFT HORSE ASSOCIATION ATTEST: -9- Weld County Clerk to the Board BY: Deputy Cl :r to the Bo APPROVED AS TO FUNDING; oaidezu.y Controller APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eve Moreno, Chair JUN 2 5 2018 APPROVED AS TO SUBSTANCE: Elected Official or Department Head ounty Attorney 6 (20 /8- / vf/ (I) A`..,CGR�® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/25/2017 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 ADDITIONAL INSURED, the policy(les) 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 John C Beckett and Associates Inc 220 Smith Street Ft. Collins CO 80524 CONTACT House Account NAME: PHO(A/C. No. Ext): (970) 484-2805 I (A/CAX . Not: (970) 484-2885 E DAME INSURER(S) AFFORDING COVERAGE NAIC # INSURERANAUTILUS INSURANCE COMPANY INSURED Colorado Draft Horse Association 4880 Tall Horse Trail Sedalia CO 80135 INSURER B : INSURER C: INSURERD: INSURER E : INSURER F : CERTIFICATE NUMBERkIASTER 17-18 REVISION 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER (MM/DDS) (MMIDD�) LIMITS A X COMMERCIAL GENERAL LIABILITY NN819538 7/20/2017 7/20/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (Ea occurrence) 100 000 $ � I CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ INCLUDED GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS ,_ SCHEDULED AUTOS USNON-OWNED NO COVERAGE COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PPer accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NO COVERAGE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N /A NO COVERAGE I STATUTE I I EPER H R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ NO COVERAGE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CANCELLATION (970)351-0415 WELD COUNTY FAIR 525 N 15TH AVE GREELEY 80631 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 Robert Rendon/TDB~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (2mdnn The ACORD name and logo are registered marks of ACORD Hello