HomeMy WebLinkAbout20171934.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - LONGS PEAK ANTIQUE TRACTOR AND ENGINE 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 Longs Peak
Antique Tractor and Engine Association, 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 Longs Peak Antique Tractor and Engine 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 28th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUTY, COLORADO
ATTEST: dithA)' oc
Weld County Clerk to the Board
BY:
APP
County Attorney
Date of signature: 1( °
Julie A.fbzad, Chair
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Sean R. Conway
ike Freeman
Steve Moreno, Pro -Tern
rbara Kirkmey
2017-1934
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
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.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Schedule
Work Session
Other/Comments:
moo/7-1%3i7/ -
02V/ 7- /9414/
2017 WELD COUNTY FAIR
LONGS PEAK ANTIQUE TRACTOR AND ENGINE ASSOCIATION
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this ,?o of .'7X ..Gk , 2017, by and between the Board of County
Commissioners of Weld County, Colorado, 915 10`h Street, Greeley, Colorado 80631, hereinafter referred to as
the "County," and the Longs Peak Antique Tractor and Engine Association, hereinafter referred to as the
"Contractor."
WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree that Contractor shall display antique tractors and provide rides in a trailer pulled by a tractor at the 2017
Weld County Fair from July 26 through July 30, 2017, at the Island Grove Park in Greeley, Colorado, pursuant
to the following terms and conditions:
SECTION I -CONTRACTOR RESPONSIBILITIES
1. Contractor agrees to safely display tractors to provide the maximum protection for fair attendees.
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.
3. 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 prior to July 26, 2017. The commercial general liability
insurance policy shall, at a minimum, include coverage for property damage and bodily injury
covering injuries to Contractor, Contractor's volunteers and/or employees 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
$500,000
$500,000
Contractor's comprehensive general liability insurance policy or certificate of insurance shale 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.
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.
2017-1934 (I )
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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.
4. Contractor shall provide all personnel necessary to display the tractors. Contractor shall be responsible
for cleanup and leaving any areas utilized by Contractor in substantially the same condition as prior to
set-up. 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
County shall provide or perform the following:
1. Advertise and promote the tractor show and tractor rides in advance, as limited by advertising resources
and as appropriate in the discretion of the Weld County Fair Board.
2. Provide sufficient area within Island Grove Park to accommodate the display of approximately 30
antique tractors.
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.
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SECTION VI - INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the Weld County Fair Board, its officers, agents,
employees, and volunteers, and Weld 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 its performance 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.
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 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 a$ 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 mull
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.
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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. 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.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
Julie Cozad
Chair
Date:
JUN 2 8 2017
CONTRACTOR;
Longs Peak A que ractor and Engine
Association
President
Date: 5
4
o 17
ao/7-i9 ('i)
Page 2
AUTO -OWNERS INS. CO.
AGENCY
INSURED
BSH INSURANCE AGENCY
32-0135-00 MKT TERR 100
LONGS PEAK ANTIQUE TRACTOR & ENGINE
Issued 06-02-2016
Company POLICY NUMBER 112332-74898374-16
Bill 74 -23 -CO -1107
Term 07-18-2016 to 07-18-2017
55040 (11-87)
COMMERCIAL GEN
ERAL LIABILITY COVERAG
COVERAGE
LIMITS OF INSURANCE
General Aggregate
(Other Than Products -Completed Operations)
Products -Completed Operations Aggregate
Personal Injury And Advertising Injury
Each Occurrence
Damage to Premises Rented to You (Fire Damage)
Medical Payments
$3,000,000
$3,000,000
$1,000,000
$1,000,000
$50,000 Any One Premises
$5,000 Any One Person
Twice the "General Aggregate Limit", shown above, is provided at no additional charge for each 12 month period in
accordance with form 55300.
AUDIT TYPE: Non -Audited
Forms that apply to this coverage:
55405 (07-08)
55300 (07-05)
55592 (02-14)
59351 (01-15)
IL0017 (11-85)
55637 (09-14)
55146 (06-04)
IL0021 (07-02)
59526 (08-13)
55160 (12-04)
55513 (11-11)
59319 (03-15)
55296
55576
59392
(09-09)
(06-13)
(01-15)
LOCATION 0001 - BUILDI
NG 0001
Location: 4662 Meadowlark Dr Windsor, CO 80550-8415
Territory: 002 County: Larimer
CLASSIFICATION
CODE
SUBLINE
PREMIUM BASIS
RATE
PREMIUM
Clubs - Civic, Service Or Social - No Buildings Or
Premises Owned Or Leased Except For Office Purposes
41670
Prem/Op
Members
100
Each 1
1.468
$147.00
(Not -For Profit)
Prod/Comp Op
100
.015
$2.00
COMMERCIAL GENERAL LIABILITY COVERAGE - LOCATION 0001 SUMMARY
PREMIUM
TERRORISM - CERTIFIED ACTS SEE FORM: 59351
TERRORISM COVERAGE
A PREMIUM CHARGE MAY BE MADE EFFECTIVE 01-01-21 SEE FORMS 55405, 59392
LOCATION 0001
EXCLUDED
$149.00
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - LONGS PEAK ANTIQUE TRACTOR AND ENGINE ASSOCIATION
ATTEST: /J'ei
Weld C • u)ty Jerk to the Boa d
BY:
uty e Boar
APP AS Tp,FLWJDING:
APPROVED AS TO SUBSTANCE:
Controller
APPROVED AS TO FORM:
C unty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie A. Cozad, Chair
)44
282017
Elected Official or Depart n nt Head
020/7- l 66
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