HomeMy WebLinkAbout20181979.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - MINIATURE 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 Miniature Horse
Association, commencing from the date of execution by the Board of County Commissioners, for
the 2018 Weld County Fair, and ending July 29, 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 Miniature 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,QOUNTY, COLORADO
ATTEST: ditAdA) ...re o:ok,
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APP: VED AS T
ounty Attorney
Date of signature: 07-27 -a
Stev, Moreno, Chair
� L "ti
-Tem
can P. Con , ay
id,a()
Mike Freeman
CC: EX (l<MITK)
o8-01-18
2018-1979
EX0030
2018 WELD COUNTY FAIR
MINIATURE HORSE ASSOCIATION
PROFESSIONAL SERVICES AGREEMENT
THIS `AGREEMENT is made this 1,� day of, t , 2018, by and between the Board
of County Commissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado 80631,
hereinafter referred to as "County," and the I mature 0. A soc ation, hereinafter referred to as
"Contractor."
WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set
forth, agree that Contractor shall produce one Miniature Horse Show ("the Performance") for the 2018
Weld County Fair to be held on July 29, 2018, at the Island Grove Park Arena in Greeley. Colorado, at a
time set by the County, pursuant to the following terms and conditions:
SECTION I = CONTRACTOR RESPONSIBILITIES
1. Production of the Performance.
2. All horses entering the grounds for the Performance shall present to the Weld County Fair Board a
valid health certificate issued by an accredited veterinarian within ten days prior to the
Performance.
3. At the conclusion of the Performance, Contractor shall be responsible for cleanup and leaving the
arena and any areas utilized by Contractor or participants in substantially the same condition as
prior to set-up for the Performance.
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 the Event.
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.
2018-1979 ('()
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b. Contractor agrees to maintain automobile liability insurance as required by Colorado State
statutes forrall 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.
SECTION H — COUNTY RESPONSIBILI I'ES
For the Performance, County shall provide the following:
1. Facility and sound equipment to produce the Performance.
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 Contractor and
County, and end on July 29, 2018, after the completion of the Performance and any associated clean up or
post -Performance actiities.
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
Contractor shall pay the following fees:
Exhibitors have the availability of stalls for a fee of:
• $20.00 per stall per day — stalls used for horses
• $10.00 per stall fee for cleaning
• No charge for stalls used for tack
Check from Contractor made to Weld County Fair paid within 30 days of the end of the Fair.
County shall not be obligated to pay any Contractor costs or expenses not specified in this Section.
Financial obligations are contingent upon funds being acquired and budgeted or otherwise made available.
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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. 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. 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 Event 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 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. Anaggrieved 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. If the performance issue is not cured within the cure period, the aggrieved party may
terminate this 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 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.
7,
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
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,
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
tJE x C `PA -&E
CONTRACTOR:
Kelley dng, President/
Rocky fountain Miniature Horse Assn.
Date: Date: 1/j`3 / 8
4
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN ROCKY MOUNTAIN MINIATURE HORSE ASSOCIATION
ATTEST: . _.
Weld County Clerk to the Board
BY:
Deputy C1; to the Bo
APPROVED AS TO FUNDIN
gadaay
Controller
APPROVED AS TO FORM:
County Attorney
Elected Official or Dertment Head
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
eve Moreno, Chair 'JUN 2 5 2018
APPROVED AS TO SUBSTANCE:
0&'/t- /979(
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
Agent's Name, Address and Phone Number (Agt./Dist.)
Aaron Perea
481 Highway 105 Unit 212
Monument, CO 80132
(719) 481-8382 (154/306)
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
l
Insured's Name and Address
Rocky Mountain Miniature Horse Club
5300 N Turnberry Road C/O Mary Elder
Fort Collins, CO 80524
This is to certify that 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.
TYPE OF INSURANCE
POLICY NUMBER
POLICY DATE
EFFECTIVE EXPI RATION
(Mo, Day, Yr) (Mo, Day, Yr)
LIMITS OF LIABILITY
Homeowners/
Mobilehomeowners Liability
Bodily Injury and Property Damage
Each Occurrence
$ ,000
Boatowners Liability
Bodily Injury and Property Damage
Each Occurrence
$ ,000
Personal Umbrella Liability
Bodily Injury and Property Damage
Each Occurrence
$ ,000
Farm/Ranch Liability
Farm Liability & Personal Liability
Each Occurrence
$ ,000
Farm Employer's Liability
Each Occurrence
$ ,000
Workers Compensation and
Employers Liability t
Statutory
Each Accident
$ ,000
Disease - Each Employee
$ ,000
Disease - Policy Limit
$ ,000
$ 2,000,000
General Liability
I Commercial General
Liability (occurrence)
05-X82673-01
03/03/2018
03/03/2019
General Aggregate
Products -Completed Operations Aggregate $ 2,000,000
Personal and Advertising Injury
$ 1,000,000
$ 1,000,000
$ 100,000
$ 5,000
Each Occurrence
Damage to Premises Rented to You
Medical Expense (Any One Person)
Each Occurrencett
Aggregatett
Businessowners Liability
$ ,000
$ ,000
Liquor Liability
Common Cause Limit
Aggregate Limit
$ ,000
$ ,000
Automobile Liability
❑ Any Auto
❑ All Owned Autos
❑ Scheduled Autos
❑ Hired Auto
❑ Nonowned Autos
Bodily Injury - Each Person
Bodily Injury - Each Accident
$ ,000
$ ,000
Property Damage
$ ,000
Bodily Injury and Property Damage Combined $ ,000
Excess Liability
❑ Commercial Blanket Excess
Each Occurrence/Aggregate
$ ,000
Other (Miscellaneous Coverages)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS
tThe individual or partners ❑ Have
shown as insured elected to
be covered under this policy. ❑ Have not
ttProducts-Completed Operations aggregate
is equal to each occurrence limit and is
included in policy aggregate.
ERTIFICATE HOLDER'S NAME AND ADDRESS
Weld County Board of Commissioners
915 10th St
Greeley CO 80631
jkonkel@co.weld.co.us
•NCELLATION
❑ Should any of the above described policies be cancelled before the expiration date
thereof, the company will endeavor to mail *( days) written notice to the Certificate
Holder named, but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives. *10 days unless different number of days
shown.
This certifies coverage on the date of issue only. The above described policies are
. subject to cancellation in conformity with their terms and by the laws of the state of issue..
DATE ISSUED
04/17/2018
AUTHORIZED REPRESENTATIVE
Aaron Perea
U-201 Ed. 5/00
Stock No. 06668 Rev. 7/02
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