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Home My WebLink About20171936.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN SHADOWS CARRIAGES, C/O DARIN HENRY 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 Mountain Shadows Carriages, c/o Darin Henry, 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 Mountain Shadows Carriages, c/o Darin Henry, 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 • DO ATTEST: ddriwt) ;tk, Weld County Clerk to the Board BY f2P.ed y Clerk to the Board APP c I4 TO FORM: ounty Attorney Date of signature: "71,81 Ju ie A. Cozad, Chair Steve Moreno, Pro -Tern Sean P. Conway CC: E.XCJK/ K(17) cal8'I (7 C� 2017-1936 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: fe 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. Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Schedule Work Session Other/Comments: 017 fg, / - 020! 7- /9414/ 2017 WELD COUNTY FAIR WAGON/CARRIAGE RIDES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this '125'4"of JGka-`'J , 2017, by and between the Board of County Commissioners of Weld County, Colorado, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as the "County," and Mountain Shadows Carriages, DarTin Henry, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall provide horse and carriage services to operate continuously during the 2017 Weld County Fair ("Fair") on July 26 — 30, 2017, at Island Grove Park in Greeley, Colorado. SECTION I - RESPONSIBILTIES OF CONTRACTOR: 1. Contractor agrees to provide a minimum of 2 horse and carriage units capable of carrying at least 8-12 people. Each horse and carriage unit shall consist of a minimum of 2 horses. Contractor agrees to provide rides with the following number of horse and carriage units and hours: Thursday, July 27th 9:00 am — 7:00 pm with one unit and/or 2 units as needed ; Friday, July 28th 9:00 am — 7:00 pm with one unit (there may be a need for 2 units during a portion of the day to be determined jointly by the driver and fair coordinator); Saturday, July 29th 9:00 am — 7:00 pm with one unit and 12:00 noon — 7:00 pm with 2 units as needed and Sunday, July 30th 8:00 am — 4:00 pm with 2 units. In the event adequate sponsorship is available Wednesday, July 26th 9:00 am to 5:00 pm.Final notification shall be given by June 15, 2017. a. Contractor may provide rest breaks for the horses to ensure comfort and humane treatment of the horses. Such breaks shall not exceed 1 hour for every 4 hours of work the horses perform unless mutually agreed upon by Contractor and the Fair Board Representatives. When the air temperature is over 85 degrees, the driver of the wagon has the discretion to give the horses water breaks as needed to safeguard their health and comfort. All breaks shall be taken so as to minimally disrupt the availability of a horse and carriage to carry passengers. b. Contractor agrees to safely operate all rides continually through the duration of the Fair and maintain such ride in a safe and proper working condition and provide humane care and treatment of horses pursuant to all laws referred to in Item 3 of this Section. Contractor will provide one driver and one handler for each unit in operation hauling passengers. Just prior to commencing carriage rides, Contractor will provide the Fair with a health inspection paper not more than 10 days old for each horse. c. Contractor will provide 21 bales of grass hay; old hitch wagon; grain wagon and miscellaneous antique western items used for decoration at the Pavilion. Provide bales of clean grass hay or clean straw for Young Guns Entertainment. 42 d. Contractor will bring a carriage and conduct a booth to provide a place for families to take pictures of their children in the carriage. 2017-1936 (1) 1 Contingent upon sponsorship: A tractor and wagon to provide rides to and from parking lots on the south side of the Grandstand Arena and to the southwest corner of the Event Center dependent upon the route and destinations most used by fairgoers the following dates and times: Wednesday, July 26th 8:00 am — 2:00 pm and 5:00 pm - 7:00 pm; Thursday, July 27th 6:30 am — 2:00 pm and 5:00 pm - 7:00 pm; Friday, July 28th 7:30 am — 4:00 pm; Saturday, July 29th 7:30 am — 4:00 pm and Sunday, July 30th 8:30 am — 1:30 pm as needed and at other times driver feels there is need to move people. The driver will use their discretion as to the safest route and where riders wish to attend events. Driver will determine need to operate during all time periods based on use. Since this is the first year all parties need to be flexible as to times and locations. The base rate is $1,000 total for above listed dates and times. Should the hours required become excessive owner and fair coordinator will negotiate as to reasonable charges in excess of the agreed upon amounts contained herein. 2. Insurance Requirements. 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 Contractor beginning 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, volunteers, or any other person in attendance at the Weld County Fair arising out of 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. Work shall not commence under this Agreement until Contractor has submitted to 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 Workman's 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. 2 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 II - RESPONSIBILITES OF COUNTY: 1. County agrees to provide and make available at no charge to Contractor, adequate space at Island Grove Park to enable Contractor to provide the services specified in this Agreement. 2. County agrees to provide eight stalls, six for the horses and two for the tack. In the event that the Contractor brings an additional team of two horses to the Fair for backup purposes, the County agrees to provide an additional two stalls for the horses. 3. Contractor will provide adequate parking spaces for equipment and vehicles. 4. County agrees to provide outdoor display space for horse (in corral) and carriage (not hitched to a horse) for provider to set up an area for fairgoers to get up close to a draft horse and have pictures taken near the horse and in the carriage. 5. County agrees to provide a camping space as needed by Contractor. SECTION III — TERM: The term of this Agreement shall commence upon the date of execution by both the Contractor and County and end on July 30, 2017, conditioned upon the successful 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 pay Contractor $750.00 upon acceptance by the Weld County Commissioners and $3,000.000 and the additional $250.00 for extra day contingent upon sponsorship upon satisfactory performance of the Contractor's duties and contingent upon sponsorship $1,000 for the tractor and wagon rides at the end of the Fair on July 30, 2017. County shall not be obligated to pay any further costs or expenses associated with Contractor. SECTION V - INDEPENDENT CONTRACTOR: Contractor acknowledges that it is an independent contractor and that 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. 3 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 person(s) during the term of this Agreement resulting from Contractor's 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 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. 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. If the performance 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 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 4 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 contract 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, 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 CONTRACTOR WELD COUNTY COMMISSIONERS Julie Cozad Chair Date: JUN 282017 Darin Henry, Owner Mountain Shadows Car s Date: l/a5 7 oZo /7 ./5 5 A` C O� DATE (MM/DDNYYY) 6/16/2017 CERTIFICATE OF LIABILITY IN RAN 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(ies) 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 BURNS & WILCOX OF PITTSBURGH 750 HOLIDAY DR STE 620 FOSTER PLAZA 9 PITTSBURGH, PA 15220-2753 (412) 922-0104 CONTACT NAME: PHONE 412 922-0104 (412) 922-7470 E No, Ext): ( ) I FAX No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURERA: United States Fire Insurance 21113 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS. Mountain Shadow Carriages 10175 Hwy 392 Windsor, CO 80550 INSURER B: INSURER C: INSURERD: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: USS348418 • 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WYD POLICY NUMBER POLICY EFF (MMIOD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X SRPG-101-0716 06!15/2017 12:01 AM 06/15/2018 12:01 AM GENERAL AGGREGATE $2,000,000.00 PRODUCTS- COMP/OP AGG $2,000,000.00 CLAJMS-MADE X OCCUR PERSONAL & ADV INJURY $1,000,000.00 EACH OCCURRENCE $1,000,000.00 FIRE DAMAGE (Any one fire) $300,000.00 GEN'LAGGREGATE UMITAPPUES PER'. POLICY ri °E0 I —I LOC MED EXP (Any one person) $5,000.00 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED _ SCHEDULED AU ICS NON -OWNED AUTOS COMBS ED SINGLE UMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident)$ UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ CEO I I RETENTION S EACH OCCURRENCE $ GENERAL AGGREGATE $ EACH OCCURRENCE $ GENERAL AGGREGATE $ DESCRIPTION OF OPERATIONS 1 LOCATIONS J VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The Certificate holder is added as an additional insured but only with respect to liability arising out of operations of the named insured during the policy period. Covered Activity: Carriage/Wagon Rides CERTIFICATE HOLDER CANCELLATION Weld County 525 N. 15th Ave Greeley, CO 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 Burns c WWCcoc ACORD 25 (2010/05) v141120.001 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 017-i 812(1) RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN SHADOWS CARRIAGES BY DARIN HENRY ATTEST: V,.d2eleti'ei Weld C. y Clerk to the Board WELD COUNTY, COL ADO BY: Deputy '' er o the B APED Controller Si;F C APPROVED AS TO FORM: ounty Attorney BOARD OF COUNTY COMMISSIONERS Julie A. Cozad, Chair, JUN 2 8 2017 APPROVED AS TO SUBSTANCE: Elected Official or Departm nt Head Hello