HomeMy WebLinkAbout20171939.tiffRESOLUTION
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 2017 Weld County Fair, and ending July 23, 2017, 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 28th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR
ATTEST: dalf44) v• 4-1C•t1
Weld County Clerk to the Board
my ttorney
Date of signature: "l 1.1°11 I"1
Julie A. Cozad, Chair
Steve Moreno, Pro -Tern
Sean P. Conway
ec=E.XCSK ( ISM)
S-181(1
2017-1939
EX0029
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Contracts for 2017 Weld County Fair
DEPARTMENT: County Attorney Office and Weld County Fair Board DATE: June 16, 2017
PERSON REQUESTING: Karin McDougal and Janet Konkel
Brief description of the problem/issue:
Enclosed are 12 contracts for vendors at the Weld County Fair which will run from July 26 -June 30, 2017.
Only two of the vendors are new, the rest have previously provided services at the fair. The contracts are as
follows:
1. Mountain Shadows Carriages by Darin Henry
2. Weld County Meat Goat Breeds Association
3. Prehistoric Adventures - New
4. Inflatable Fun Zone - New
, 5. Corvettes West Car Club
6. Miniature Horse Association
7. Ranch Sorting National Championship
8. 5 Flat Productions
9. Northern Colorado Draft Horse Association
10. Young Guns Entertainment Corp
11. Colorado Garden Tractor Pullers Association
12. Longs Peak Antique Tractor and Engine Association
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Approve contracts for placement on the June 28th Agenda or request a work session.
Recommendation:
Approve contracts for placement on the Agenda for June 28, 2017 without work session. The contracts
are being reviewed by the County Attorney's Office and Janet Konkel will attend the June 28, 2017 meeting to
answer any questions.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Approve
Recommendation
Schedule
Work Session
Other/Comments:
00/7-/Xgr --
020/ 7- /914/
2017 WELD COUNTY FAIR
RANCH SORTING NATIONAL CHAMPIONSHIP
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this o< of �-°J , 2017, by and between the Board of
County Commissioners of Weld County, Colorado, 9 10th 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 22, 2017, and hold one
ranch sorting competition ("Competition") on July 23, 2017, 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 2017
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.
8. EMS services as needed or required.
9. If necessary, panels or gates to divide arena in conjunction with available County equipment.
2017-1939 (I)
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10. At the conclusion of the Clinic and Competition, Contractor shall be responsible for clean up 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'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.
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 23, 2017, 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:
• $15.00 per stall per night paid to the Weld County Fair
• $10.00 one time charge to clean the each stall used.
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
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.
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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
u ie Cozad, Chair
Date:
_JUN 2 B 2D17
CON TOR:
Dave olfe
Ranch Sorting
Date:
mpionship
oho/7- /93f 6)
4
May 25, 2017
To whom it may concern:
The liability insurance required by the Professional Services Agreement with the Weld County Fair for
the Ranch Sorting National Championship does not renew until July 14th. I will send the proof of
insurance as soon as I receive it.
Dave Wolf
970-897-2901
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - RANCH SORTING NATIONAL CHAMPIONSHIP
ATTEST: C/./ W'ci
Weld Comity Clerk to the Boa d WELD COUNTY, CO ORADO
BY:
J,e„,
Deputy Cler,
Controller
to the Boar
DING:
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
ulie A. Cozad, Chair
JUN 2 8 2017
APPROVED AS TO SUBSTANCE:
ii: -.A." x'r),
Elected Official or Depart Head
020/7- /93x66)
kayCassell
EOUINE INSURANCE
11; !winds Road
Jonc.lxtrougt, knntvec 37659
1-800.230-838.1
CERTIFICATE OF INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.
leis certificate t ces not amend. extend or alter the coverage afforded by the policies below.
Pkoducer:
KAYCASSELL EQUINE INSURANCE
147 WHEELOCh RD.
JONESBROUG -s TN 37659
Insured:
Cinch Ranch Sorting National Championships
Dave Wolfe
P.O. Box 1
Wellington, CO 80549
Companies Affctding Coverage: DIAMOND STATE INSURANCE COMPANY
Coverages:
This is to certify taat the policies of insurance listed below have been issued to the insured named above for
the police perioc indicated. notwithstanding any requirement. term or condition of any contract of other
document with npect to which this certificate may be issued or may pertain. The insurance afforded by
the policies descrbed herein is subject to all the terms, exclusions and conditions of such policies. Limits
shown may have been reduced by paid claims.
Commercial Gems -al Liability Occurrence Basis
Policy Quote Ntnber
AEL 010239701
Effective Date
June 29. 2017
Limits: General Aggregate
Each Occurrence
Products Fc. Completed Operations Aggregate
Personal md Advertising Injury
Damage to Premises Rented To You Any One
Medical Expense Limit- Any One Person.
Expiration Date
June 29. 2018
S2.000,000
S1,000,000
Not Covered
Not Covered
5250.000
55.000
Description of Insured Operations: Sorting: July 22&23. 2017
Additional Insured Weld County
soverage incluc es the preceding day of show. for set-up and 2 days following show for dismantling.
cancellation: Shot. Id any of the above described policies be cancelled before the expiration date there of
e issuing comptcy will endeavor to mail 10 days written notice to the certificate holder named above, but
fa lure to mail sul notice shall impose no obligation or liability of any kind upon the Company. its agents
representatives.
KAY, ASSELL :.UINE INSURANCE
7117
DATE
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