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Home My WebLink About20162018.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY FAIR OPEN TEAM ROPING 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 Weld County Fair Open Team Roping, commencing from the date of execution by the Board of County Commissioners, for the 2016 Weld County Fair, and ending July 30, 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 Weld County Fair Open Team Roping, 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:d Weld County Clerk to the Board ouhty Attorney Date of signature: -7 Ias / aO I Cc Mike Freeman, Chair Sean P. Conway, Pro-Tem E A. Cozad /P/A--11.frvc ara Kirkmeyer Steve Moreno CG: aXCJK),CG. CFhl) 2016-2018 -7/ 'Do I '30 I Co EX0028 2016 WELD COUNTY FAIR WELD COUNTY FAIR OPEN TEAM ROPING PROFESSIONAL SERVICES AGREEMENT 4THIS AGREEMENT is made this �/ of 2016, by and between the Board of County Commissioners of Weld County, Coloradd.150 O Street, Greeley, Colorado 80632, hereinafter referred to as "County," and 5 Flat Productions, Gary Rodarmel, 34018 CR 55, Gill. CO 80624, hereinafter referred to as "Contractor." W ITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall produce one Roping Event ("the Event") for the 2016 Weld County Fair to be held on Friday and Saturday, July, 29ih and 30°' 2016 at 4:00 P.M. and lasting at least 6 hours in duration each day, at the Island Grove Park Arena in Greeley. Colorado, pursuant to the following terms and conditions: SECTION 1 - SERVICES AND RESPONSIBILITIES OF CONTRACTOR l . Provide all livestock needed to produce the Event 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 feeding and watering of all livestock. All animal feed shall be provided at Contractor's expense. c. Livestock to be used in the Event must be accompanied by a official certificate of veterinary inspection (health certificate) issued by an accredited veterinarian within ten days prior to entering the fairgrounds and said certificate along with one photocopy shall be presented to appropriate Weld County Fair personnel upon arrival at the fairgrounds. 2. Contractor will handle all entries and costs associated with producing, marketing and sponsoring the Event. 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 other sponsors not deemed appropriate by the Weld County Fair Board. Contractor agrees to safely conduct the Event to provide maximum protection for the participants, Contractor personnel, Weld County Fair staff, and the public. 4. Contractor shall require all participants in the Event to read and sign the 2016 WELD COUNTY FAIR TEAM ROPING RELEASE, HOLD HARMLESS, AND INDEMNIFICATION, attached to this Agreement as Attachment A and incorporated herein by reference. 5. Announcer(s) for the Event at Contractor's expense. 6. Personnel to runs chutes, gates, timers, flaggers and judges for the Event and any other personnel needed to produce the Event. 7. All payouts or other prizes to participants for the Event. 8. EMS services as needed or required. 2016-2018 (i 9. Panels or gates to divide arena in conjunction with available County equipment. 10. At the conclusion of the Event, 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 Event. 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 Event. 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 from 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. 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 COUNTY. For the Event, County shall provide the following: 1. A facility to conduct roping including pens with water for holding livestock and equipment for preparing the arena for the Event. 2. Marketing support of the Event in 2016 Weld County Fair marketing materials including possible presence in the fair book, posters, brochures, print material, radio spots and website presence. The form and extent of such marketing support shall be at the sole discretion of County. 3. Stalls in the Horse Barn will be available for participants to rent at a rate of $25.00 per night with a $10.00 clean up fee should you chose to leave the stall uncleaned. The stall assignments and fee collection will be taken care of at the entry office for the event. 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 Sunday, July 30, 2016, after the completion of the Event and any associated clean up or post -Event activities. 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 Contractor shall receive: 1. All entry fees for the Event. 2. Contractor shall be responsible for all contestant payouts and prizes for the Event. 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 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 person(s) arising during the term of this Agreement and resulting from the 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 3 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 I. Integration of Understanding. This Agreement, along with Exhibit A attached hereto and incorporated herein by reference, contain 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 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 4 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, In Witness Whereof, the parties hereto execute this Agreement on the day first above written. ATTEST: CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR Mike Freeman, Chairman Date: JUN 2 7 2016 Date: 5 70-I 040/6, -01-0/6) RE: PROFESSIONAL SERVICES AGREEMENT - WELD COUNTY FAIR OPEN TEAM ROPING ATTEST: dirdf441 •. ele4'ti Weld C , m nt . Clerk to the Board WELD COUNTY, COLORADO BY: Deputy APP; OVEDAS T Controller APPROVED AS,TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS Mike Freeman, Chair JUN 2 7 2016 PROVED AS TO SUBSTANCE: Elected Official or Depaftment Head /rA, Director of General Services RODARMGA01 RBEASON A4COROi9 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/2/2016 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 Town and Country Insurance, Inc. - Kremmling PO Box 1060 1116 E. Park Ave. Kremmling, CO 80459 INSURED 5 FLAT PRODUCTIONS, LLC 34018 County Raod 55 Gill, CO 80624 CONTACT NAME: PHONE (970) 724-0505 E-MADDRESS: rebecca.beason@tcins.net _ -_ INSURER(S) AFFORDING COVERAGE INSURER A:Nautilus Insurance Comapny INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : (NC, No): (970) 724-0507 NAIC # COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR, IS TO CERTIFY THAT THE POLICIES OF NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. - -- -- -- ADDL TYPE OF INSURANCE INSD INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUER ___-- I POLICY EFF POLICY EXP MD POLICY NUMBER I (MMIDD/YYYY) (MM/DD/YYYY) : LIMITS A X I __. GEN'LAGGREGATE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE li X I OCCUR _.__.. -..__ LIMIT APPLIES PER : POLICY JECT PRO- LOC � OTHER. X ! NN538979 ' 05/04/2016 05/04/2017 !. I EACH OCCURRENCE DAMAGE TO RENTED PREMISES(Eaoccurrence) MED EXP (Any one person) :, PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG I $ 1,000,000 t I $ 100,000 $ -_- 5,000 $ 1,000,000 $ 2,000,000 : $ 2,000,000 $ AUTOMOBILE _ _ LIABILITY I ! ! ':, COMBINED SINGLE LIMIT : $ '_(Ea accident) BODILY INJURY (Per person) i $ BODILY INJURY (Per accident)'. $ : PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB DED I RETENTION $ OCCUR CLAIMS -MADE i ! ! ! EACH OCCURRENCE $ ! AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/ / N N / A ! ,,I PER ! 0TH - STATUTE ER E L EACH ACCIDENT - - - E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ - -- - -- $ $ below III ' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Team Roping: Special Event and General Liability Event Location: Island Grove Regional Park, North 14th Ave., Greeley, CO 80631 Event Date: 07/29/2016 and 07/30/2016 CERTIFICATE HOLDER CANCELLATION Weld County Commissioners PO Box 758 Greeley, CO 80632 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello