HomeMy WebLinkAbout20162013.tiffDate of signature
RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - WELD COUNTY MEAT GOAT BREEDERS
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 Weld County Meat
Goat Breeders, commencing from the date of execution by the Board of County Commissioners,
for the 2016 Weld County Fair, and ending July 25, 2016, 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 Weld County Meat Goat Breeders, 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 27th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: G un/ S jite;eC
Weld County Clerk to the Board
CZ . ( Q,
Deputy Clerk to the Board
Ay -ROVED AS TOQRM:
7 77
ounty Attorney
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Mike Freeman, Chair
Sean P. C.nway, Pro- -m
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2016-2013
EX0028
2016 WELD COUNTY FAIR
WELD COUNTY MEAT GOAT BREEDERS
PROFESSIONAL SERVICES AGREEMENT
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THIS AGREEMENT is made this 027 of , 2016, by and between the
Board of County Commissioners of Weld County, Col ado, 915 10th Street, Greeley, Colorado
80631, hereinafter referred to as the "County," and Weld County Meat Goat Breeders
Association, Donald Johnston, President, PO Box 92, Kersey, CO 80644 hereinafter referred to
as the "Contractors."
WITNES SETH, County and Contractors, for the mutual promises and consideration
hereinafter set forth, agree that Contractors shall manage the Open Boer Goat Show at the 2016
Weld County Fair from July 23 through July 24, 2016, at the Island Grove Park in Greeley,
Colorado, pursuant to the following terms and conditions:
SECTION I -CONTRACTORS RESPONSIBILITIES
1. Contractors agrees to manage the Open Boer Goat Show including but not limited to
advertising, taking entries, hiring the judge and paying all his/her expenses, ordering and
paying for awards that meet the standards of the Weld County Fair and all duties that are
standard practices of show management.
2. Contractors shall get the Open Boer Goat Show sanctioned by the American Boer Goat
Association. Any fees associated with the sanctioning of the Open Boer Goat Show
shall be the sole responsibility of the contractors.
3. Contractors will see that all exhibitors comply with the Health Certificate regulation for
the Fair (written within 10 days of the show date by a licensed veterinarian) and
provide the Fair with copies of all Health Papers submitted to them.
4. Contractors will provide a list of exhibitors to the fair.
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6. Contractors are responsible for the cleaning of stalls used by exhibitors. There shall be a
$10.00 fine per stall assessed to the contractors for any stalls that are not cleaned by 8:00
pm on Sunday, July 24tH
7. Contractors are the Weld County Meat Goat Breeders. The Weld County Fair is not the
sponsoring organization and does not take responsibility for the show. The agreement
between the ABGA and Donald Johnston and Jennifer Seltzer as officers of the Weld
County Meat Goat Breeders does not include the Weld County Fair as a part- —
hosting organization. 2016-2013
5. Contractors will abide by the required arrival times: 3:OOpm-7:OOpm Saturday, July
23rd, and 7:00am-8:30am Sunday, July 24th; and see that all animals are out of the barn
by 8:00pm on Sunday, July 24tH
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8. Contractors shall not alter the configuration of the pens in any way (example removing
panels).
9. Contractors shall strictly comply with all applicable federal, State of Colorado, and
County and municipal laws, rules and regulations in effect or hereafter established.
10. Contractors shall maintain insurance and strictly adhere to the following insurance
related requirements as follows:
a. Commercial General Liability Insurance. Contractors shall furnish to County a
certificate of insurance for commercial general liability prior to July 23, 2016. The
commercial general liability insurance policy shall, at a minimum, include coverage
for property damage and bodily injury covering injuries to Contractors, 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 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. Contractors 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. Contractors 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, Contractors further agrees to
maintain Workers' Compensation Insurance as required by Colorado State statutes.
c. All insurers of Contractors 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 Contractors.
e. At any time during the term of this Agreement, the County may require Contractors
to provide proof of the insurance coverage or policies required herein. Upon failure
of Contractors 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 Contractors to obtain and/or maintain any
required insurance shall not relieve Contractors from any liability under this
2
Agreement, nor shall the insurance requirements be construed to conflict with any of
the Contractor's indemnification obligations.
11. Contractors shall provide all personnel necessary to conduct the Open Boer Goat Show.
Contractors shall be responsible for clean up and leaving any areas utilized by
Contractors in substantially the same condition as prior to set-up. Contractors shall
ensure that that all clean up shall be completed by the close of the Weld County Fair on
July 24, 2016.
SECTION II -COUNTY RESPONSIBILITES
County shall provide or perform the following:
1. Place a small ad in the Fair Book containing information about the Open Boer Goat
Show, as limited by advertising resources and as appropriate in the discretion of the Weld
County Fair Board.
2. Provide sufficient area within the Event Center at Island Grove Park to accommodate the
Open Boer Goat Show.
SECTION III — TERM
The term of this Agreement shall commence upon the date of execution by both the
Contractors and the County and end on July 24, 2016, 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 Contractors for its
services. County shall not be obligated to pay any Contractors costs or expenses not specified in
this Section IV.
Financial obligations are contingent upon funds being acquired and budgeted or
otherwise made available.
SECTION V - INDEPENDENT CONTRACTORS
Pursuant to Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended,
Contractors understands that it and its employees and servants are independent contractors not
entitled to Workers' Compensation benefits from the County. Contractors further understands
that it is solely obligated for the payment of federal and state income tax on any moneys earned
3
pursuant to this Agreement. Contractors 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
Contractors 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 Contractors 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 that is the subject 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 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. 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 Contractors, shall be for the sole and
exclusive benefit of the County and Contractors.
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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. 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.
9. 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.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
ir.NsJ
CONTRACTORS:
Mike Freeman, Chair Weld County Meat a t Breeders Assn.
Donald Johnston, resident
Date: JUN, 2 7 2016
Date:
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RE: AGREEMENT FOR PROFESSIONAL SERVICES - WELD COUNTY GOAT BREEDERS
ATTEST: ..p.4. BOARD OF COUNTY COMMISSIONERS
Weld C • u t Clerk to the Bo- rd WELD COUNTY, COLORADO
BY:
Deputy Cle
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Controller
APPROVED AS TO FORM:
County Attorney
Mike Freeman, Chair
JUN 2 7 2016
PPROVED AS TO SUBSTANCE:
ment Head
Director of General Services
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JUNU1 r 201 h/'THU 1100:04 AM Jackson Insurance
FAX No, 979 522 277
F 001;-001
ACC Cf CERTIFICATE OF LIABILITY INSURANCE
DATE (
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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 end 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
Jackson Insurance Agency
330 W. Main St.
Sterling CO 80751
CONTACT
FAX
(712.70 Frt)• (970) 522-0672 I (�^aDl,(910) 522-0677
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1NSURERO AFFORDING COVERAGE
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INSURED
Weld County Meat Goat Breeders
C/O Jennifer Seltzer
33641 WCR 83
Briggsdale CO 80611-
INSURER B
INSURER C
INSURFR D •
_
INSURER E:
_INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER;
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.
JNSR
LTR
TYPE OF INSURANCE
ADDL
MD
SUBS
Wvn
POLICY NUMBER
POLICY EFF
IMMIDDf'YYYI
POLICY EXP
(MMIDO/YYYYI
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CPS2457294
05/01/2016
05/01/2017
EACH OCCURRENCE
$ 1,000,000
CLAIMS•MADE OCGUR
DAMAGE To RENTED
Q5tIISE (E%rVrurrgnr.A.)
I $ 100,000
MED EXP (Any one pereonl ! $ 5,000
PERSONAL A ADV INJLlPY $ 1,000,000
GENIAGGREGATE
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LIMIT APPLIES
POLICY JEEE°T
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GENERALAGGRFGAT. I $ 2,000,000
PRODUCTS - COMPIOPAGC I $ 2,000,000
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AUTOMOBILE
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SCHEDULED
AUTOS
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COMBINED SINGLE LIMIT 1 a
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BODILY INJURY (Per peropn) I $
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WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY J N
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yea, deacdbe under
nN5r;RIPTION OF OPERATIONS below
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$
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DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may ha attachad if more spaea 1a required)
Meat Goat Breeders Show
**************Certificate holder is an additional Insured ***'*"'*******'****"*"
CERTIFICATE HOLDER
CANCELLATION
Al D04862
Weld County
Po Box 758
Greeley,
CO 80632 -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREp IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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