HomeMy WebLinkAbout20162014.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 2016 Weld County Fair, and ending July 31, 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 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 27th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: art/id& G: jdo;ok.
Weld County Clerk to the Board
BY:
Dty Clerk to the Board
ounty Attorney
Date of signature: -7 / 961 @otCo
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
C 3Is)
—7/'DO VO tco
Steve Moreno
2016-2014
EX0028
2016 WELD COUNTY FAIR
LONGS PEAK ANTIQUE TRACTOR AND ENGINE ASSOCIATION
PROFESSIONAL SERVICES AGREEMENT
it
THIS AGREEMENT is made this of , 2016, by and between the
Board of County Commissioners of Weld County, Co rado, 915 10th 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 2016 Weld County Fair from July 27 through July 31, 2016, 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 30, 2016. 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 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.
2016-2014
1
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.
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 31, 2016.
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 31, 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.
2
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.
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.
3
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 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.
4
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
flilAttewits-
Mike Freeman
Chair
Date:
JUN 2 7 2016
Longs eak Anti ue ractor and Engine
Association
President /See Gj fresace-i�
Date: Cp
0,2016-aol‘Ki)
5
RE: PROFESSIONAL SERVICES AGREEMENT - LONGS PEAK ANTIQUE TRACTOR AND
ENGINE ASSOCIATION
ATTEST: Cl,,:doc„J
Weld my Clerk to the : oard
BY:
APBR&VEDJAS
Controller
APPROVED S TO FORM:
JY. d
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy CIIrk to' the B�-��f'�•��, ' �, Mike Freeman, Chair JUN 2 7 2016
ta.
PPROVJED AS TO SUBSTANCE:
I m
Elected Official or Depayf tment Head
Director of General Services
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Page 1
e/Quto-owners
INSURANCE COMPANY
6101 ANACAPRI BLVD., LANSING, MI 48917-3999
AGENCY
INSURED LONGS PEAK ANTIQUE TRACTOR & ENGINE
ASSOCIATION
ADDRESS 1331 E MULBERRY ST
BSH INSURANCE AGENCY
32-0135-00 MKT TERR 100 970-482-9198
FORT COLLINS CO 80524-3515
Issued 06-02-2016
TAILORED PROTECTION POLICY DECLARATIONS
Renewal Effective 07-18-2016
POLICY NUMBER 112332-74898374-16
Company Use
Company
Bill
74 -23 -CO -1107
Policy Term
12:01 a.m. 12:01 a.m.
07-18-2016 to 07-18-2017
In consideration of payment of the premium shown below, this policy is renewed. Please attach this Declarations and attachments to your policy. If you
have any questions, please consult with your agent.
55039 (11-87)
ON PO ICY INFQRII
Business Description: Social Tractor Club
Entity:
Non Profit
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S):
COMMERCIAL GENERAL LIABILITY COVERAGE
MINIMUM PREMIUM ADJUSTMENT (GL)
TOTAL
THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM
$149.00
$119.00
$268.00
Forms that apply to all coverage part(s) shown above (except garage liability, dealer's blanket, commercial automobile, if applicable):
55000 (07-12) 59392 (01-15) 59349 (10-03)
A merit rating plan factor of 0.95 applies.
Countersigned B?r'COMPANY ISSUED
ao /4 -O2O#
59511 (4-12)
32-0135-00
BSH INSURANCE AGENCY
PO BOX 456
WELLINGTON CO 80549-0456
06-02-2016
LONGS PEAK ANTIQUE TRACTOR & ENGINE
ASSOCIATION
1331 E MULBERRY ST
FORT COLLINS CO 80524-3515
RE: Policy 112332-74898374-16
L4uto-owners Insurance
Life Home Car Business
74X4R01,60aihvio
P.O. BOX 30660, LANSING, MICHIGAN 48909-8160 • 517-323-1200
AUTO -OWNERS INSURANCE COMPANY
AUTO -OWNERS LIFE INSURANCE COMPANY
HOME -OWNERS INSURANCE COMPANY
OWNERS INSURANCE COMPANY
PROPERTY -OWNERS INSURANCE COMPANY
SOUTHERN -OWNERS INSURANCE COMPANY
You may view your policy online at
www.auto-owners.com.
To enroll, use the policy number 74898374
and Personal ID code (PID) 48R 9X5 A8N.
Once enrolled, you may choose to stop
receiving the paper policy in the mail.
Your agency's phone number is 970-482-9198
Thank you for selecting Auto -Owners Insurance Group to serve your insurance needs! Feel free to contact your
independent Auto -Owners agent with questions you may have.
Auto -Owners and its affiliate companies offer a variety of programs, each of which has its own eligibility requirements,
coverages and rates. In addition, Auto -Owners also offers many billing options. Please take this opportunity to review
your insurance needs with your Auto -Owners agent, and discuss which company, program, and billing option may be
most appropriate for you.
Auto -Owners Insurance Company was formed in 1916. The Auto -Owners Insurance Group is comprised of five property
and casualty companies and a life insurance company. Our A++ (Superior) rating by A.M. Best Company signifies that
we have the financial strength to provide the insurance protection you need.
Serving Our Policyholders and Agents Since 1916 -
Page 2
AUTO -OWNERS INS. CO.
AGENCY BSH INSURANCE AGENCY
32-0135-00 MKT TERR 100
INSURED 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
COMMERCIAL GENERAL LIABILITY COVERAGE
55040 (11-87)
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 (09-09)
55576 (06-13)
59392 (01-15)
LOCATION -0001 . BUILDING 000 C
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
Agency Code 32-0135-00 Policy Number 112332-74898374
59526 (8-13)
Policy Number: 112332-74898374
Insurance Company: AUTO -OWNERS (MUTUAL) INSURANCE
Renewal Effective Date: 07-18-2016
Dear Policyholder,
Thank you for choosing Auto -Owners Insurance. Your policy is set to renew on the renewal effective date shown above.
This letter gives you advance notice of changes to your premium, deductibles or coverage:
Your renewal premium will be: $268.00
(Calculated changes are based on your current policy information. Your actual premium could vary if the information on
file is incorrect or if your needs and renewal coverages change.)
❑ Changes in deductibles
❑ Reduction of limits
❑ Reduction or Removal of Coverage
El Other SEE ATTACHED
This notice is for informational purposes only. Your policy contains the specific terms and conditions of coverage.
If you have any questions regarding your policy or this notice, please contact your Auto -Owners Insurance agency.
BSH INSURANCE AGENCY
PO BOX 456
WELLINGTON CO 80549-0456
970-482-9198
59526 (8-13)
Page 1 of 1
59349 (10-03)
AVAILABILITY OF TERRORISM RISK INSURANCE COVERAGE
Dear Policyholder:
Our records indicate that you previously rejected our offer to provide coverage for certified acts of terrorism. The
enclosed policy does not provide coverage for certified acts of terrorism in accordance with your previous rejection of
coverage.
If you would like coverage for certified acts of terrorism, please contact us.
This notice is for informational purposes only.
If you have any questions concerning your policy or this notice, please contact your Auto -Owners agency.
59349 (10-03) Page 1 of 1
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