HomeMy WebLinkAbout20162019.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 the Ranch Sorting
National Championship, commencing from the date of execution by the Board of County
Commissioners, for the 2016 Weld County Fair, and ending July 24, 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 Service 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 the 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 27th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
BY:Ir�V&.6
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D puty Clerk to the Board
Attorney
Date of signature: 7 y D(--) S'O
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Mike Freeman, Chair
Sean Conway, Pro-Tem
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Steve Moreno
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2016-2019
EX0028
2016 WELD COUNTY FAIR
RANCH SORTING NATIONAL CHAMPIONSHIP
PROFESSIONAL SERVICS AGREEMENT
771
THIS AGREEMENT is made this `f , 2016, by and between
the Board of County Commissioners of Weld County, olorado, 915 10th Street, Greeley,
Colorado 80631, hereinafter referred to as "County," and Ranch Sorting National Championship,
hereinafter referred to as "Contractor."
WITNES SETH, County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree that Contractor shall hold one ranch sorting clinic ("Clinic") on July
23, 2016, and hold one ranch sorting competition ("Competition") on July 24, 2016, 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
2016 WELD COUNTY FAIR RANCH SORTING CHAMPIONSHIP RELEASE, HOLD
HARMLESS, AND INDEMNIFICATION, attached to this Agreement as Exhibit A and
incorporated herein by reference.
2016-2019 C 1)
1
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.
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.
2
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.
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 24, 2016, 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 stalls. Invoice will be provided by the 4-H group
that does the work. RSNC shall pay the 4-H group directly upon receipt of the
invoice.
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
3
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.
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.
4
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 CONT' • CTOR:
11(1414-4
Mike Freeman, Chairman
Date:
JUN2720th
Ranch Sorting National C i ionship
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APPROVED A TO FORM:
Co ty ttorney
RE: PROFESSIONAL SERVICES AGREEMENT - RANCH SORTING NATIONAL
CHAMPIONSHIP
ATTEST: 1 icQ{ N 't1
Weld • my Clerk to the Board WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
BY:
Deputy rk to the B
APPR VED AS
T
ike Freeman, Chair JUN 2 7 2016
D AS TO SUBSTANCE:
Controller I ♦'�►`'ji '�� ;ter lected Official or Depa `t ent Head
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Director of General Services
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07/07/2016 23:38 4234770178
KAYCASSELLINS
PAGE 02/02
Kay Cassell
11� RANCE
Whwh Road
Joncshorougli, Tmnc,,cc37659
1004m-5384
CERTIFICATE OF INSURANCE
'EVED
la 122016
NTYj
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.
This certificate does not amend, extend or alter the coverage afforded by the policies below.
Producer:
KAYCASSELL EQUINE INSURANCE
147 WHEELOCK RI).
JONESBROUGH, TN 37659
Insured:
Ranch Sorting National Championships
Dave Wolfe
P.O. Box 1
Wellington, CO 80549
Companies Affording Coverage: DIAMOND STATE INSURANCE COMPANY
Coverages:
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 of 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_
Commercial General Liability Occurrence Basis
Policy/ Quote Number
AEL, 010239701
Effective Date
June 29, 2016
Limits: General Aggregate
Each Occurrence
Products & Completed Operations Aggregate
Personal and Advertising Injury
Damage To Premises Rented To You Any One
Medical Expense Limit- Any One Person.
Expiration Date
June 29, 2017
$2,000,000
$1,000,000
Not Covered
Not Covered
$50,000
$5,000
Description of Insured Operations: Sorting; July 23 & 24th, 2016:
Additional Insured: Weld County
*Coverage includes the preceding day of show, for set-up and 2 days following show for dismantling.
Cancellation: Should any of the above described policies be cancelled before the expiration date there of
the issuing company will endeavor to mail 10 days written notice to the certificate holder named above, but
failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents
representatives.
KAY SELL EQUINE INSURANCE
DATE
02z16 -02.0,g
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