HomeMy WebLinkAbout20171932.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - CORVETTES WEST CAR CLUB CHAPTER
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 Corvettes West
Car Club Chapter, commencing from the date of execution by the Board of County
Commissioners, for the 2017 Weld County Fair, and ending July 30, 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 Corvettes West Car Club Chapter, 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 COU TY, COLORADO
ATTEST: die/Lev G Xito;ok-
Weld County Clerk to the Board
BY G
y Clerk to the Board
Julie A. Cozad, Chair
Az() ocJv
Steve Moreno, Pro -Tern
7.
Sean P. Conway
APP
ike Freeman
Attorney
cc XCYcf Krn)
S-(431 CI
arbara Kirkmeye
Date of signature: -7 I l Ct
2017-1932
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
s 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
1• 0. 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.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Schedule
Work Session
Other/Comments:
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2017 WELD COUNTY FAIR
CORVETTES WEST CAR CLUB CHAPTER
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this aS of ,77,4Ac " , 2017, by and between the Board of
County Commissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado 80631, hereinafter
referred to as the "County," and Corvettes West Car Club Chapter, hereinafter referred to as the
"Contractor."
WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set
forth, agree that Contractor shall organize, produce, and conduct one Corvette automobile show
(hereinafter "Vette Fest") for the 2017 Weld County Fair to be held on July 30, 2017, starting at 8:00
a.m., at Island Grove Park in Greeley, Colorado, pursuant to the following terms and conditions:
SECTION I -CONTRACTOR RESPONSIBILITIES
1. Contractor agrees to safely conduct Vette Fest to provide maximum protection for the participants
and the public.
2. Contractor shall strictly comply with all applicable federal, State of Colorado, and County and
municipal laws, rules and regulations in effect or hereafter established, including without
limitation, laws applicable to discrimination and unfair employment practices.
3. Contractor shall ensure that alcohol is not consumed on the Weld County Fairgrounds by any
Vette Fest attendee and shall promptly report any incidents of alcohol consumption to Fair staff.
4. Contractor shall ensure that noise levels at Vette Fest shall not disturb Fair attendees or interfere
with other events occurring at the Fair and shall promptly comply with requests from Fair staff to
reduce noise levels.
5. Contractor shall not use, or allow attendees to use, all terrain vehicles (ATV's), golf carts, or
similar vehicles during Vette Fest unless such vehicles have been previously approved by Fair
staff and are used in conformance with any limitations imposed by Fair staff.
6. 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 Competition.
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
$2,000,000
$2,000,000
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
1 2017-1932 (i
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.
7. Contractor shall provide all personnel to set-up, conduct, clean up after Vette Fest.
8. Contractor at its own expense shall provide all prizes to attendees and competition winners except
for Weld County Choice Plaque which shall be provided by Weld County pursuant to Section II(3)
of this Agreement.
9. At the conclusion of Vette Fest, Contractor shall be responsible for clean up and leaving any
areas utilized by Contractor or the Contestants in substantially the same condition as prior to set-up
for the Competition. Contractor shall ensure that that all clean up shall be completed by the close
of the Weld County Fair on July 30, 2017.
SECTION II -COUNTY RESPONSIBILITES
For Vette Fest, County shall provide or perform the following:
1. Advertise and promote the Vette Fest in advance, as appropriate, with advertising for other Weld
County Fair events, including the fair book.
2. Provide sufficient area within Island Grove Park to accommodate the parking and showing of
approximately 175 Corvettes. Access to the area designated by County on July 30, 2017, shall be
allowed beginning at 7:00 a.m.
3. Provide one plaque prior to July 30, 2017, to be used by Contractor as a prize for Weld County
Choice plaque.
2
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 30, 2017, 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 not be obligated to make any monetary payment to Contractor for its services. County shall
not be obligated to pay any Contractor costs or expenses not specified in this Section IV.
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
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 third party or Contractor arising during the term of this Agreement and
resulting from Vette Fest or failure of either party 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.
3
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.
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. 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.
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, including but not limited to Acts of God, fires,
strikes, war, flood, earthquakes or Governmental actions.
4
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
'tea
Julie Cozad
Chair
Date: JUN 2 8 2017
Jo li /Pabst, President
Corvettes West Car Club Chapter
Date:
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ACORD
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIODTTYYY)
2/14/17 ]d
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 cer I It•fca3Oers an t holder Is ADDITIONAL INSURED the policy(ies) must be endorsed. l.` SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on t-hIs certl9cate does not confer rights to the
certificete holder In lieu of such endorsement(s).
PRODUCER
J.C. Taylor Agencies
320 S. 69th St.
Upper Darby, Pa. 19082
�Pt 8 —272 678L1 ext 340 i1'i .Nc):
CONTACT Loretta Dearing
ADDRESS:
INsuRERA • r'or
INSURER(S) AFFORDING COVERAGE NAIC a
emost Property & Cj ,sue] ry
INSURED
The Association of Classic Enthusiasts, Inc.
c/o Cozzette Alley
5200 S. Washington Ave.
Titusville, FL 32780
COVERAGES CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 CCYLA M• S.. uMns
INSfi E AWL SUER POLICY NUMBER IMMIrP rm.) ,LMMMrOD: (-CM
L TYPE OF INSURANCE INSP }wn$1,000.000,
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REVISION NUMBER:
DAMAGE TO RENTED
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DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Addidcnal R=464 Schedule, II more space Is requtrod)
Corvettes West Car Club
Chapter
Car Show July 30, 2017
AGGREGATE
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55,000,000.
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CERTIFICATE HOLDER
Weld County
CANCELLATION
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 j)
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1988-2010 ACORD CORPORATIO'N, All rights reserved,
ACORD 25 (2010/05) - The ACORD name and logo ere registered marks of ACORD
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - CORVETTES WEST CAR CLUB CHAPTER
ATTEST:
Weld C
BY:
APP
Clerk to the Board
Deputy Cl= k to he Boa
Controller
FUNDING:
APPROVED AS TO FORM:
ounty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUJ JTY, COLORADO
1.1
21/
Julie A. Cozad, Chair
N 2 8 2017
APPROVED AS TO SUBSTANCE:
lected Official or Der brtment Head
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