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Home My WebLink About20151661.tiff 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 2015 Weld County Fair, 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. Chair be, and hereby authorized BE IT FURTHER RESOLVED by the Board that the C ais, sign said to agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, C LORADO ATTEST: ' CG r _'•c "u'w arbara Kirkmey , Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern BY. • D p f y Clerk to the :•arL'• ''♦ � Sean P. Conway OP APPROV AS TO FO`� � tetalltrg G NV Julie; Julie A. ozad County Attorney (D �Ali Steve Moreno Date of signature: ( ;i•5 2015-1661 CC /' ;CFt( N) �1 , EX0027 TO: BOCC ter • --i:' 1iiii �l FROM: Frank Haug, Assistant Weld County Attorney U: /11 DATE: May 29, 2015 Mr 1 •; I SUBJECT: Fair Vendor Contracts SUMMARY: Please find attached the contracts for the vendors for the Weld County Fair. In conjunction with Janet Konkel, we have prepared these contracts and obtained the insurance necessary from these vendors. Each vendor is required to purchase their own insurance coverage, and to be responsible for their employees and activities while at the fair. We have outlined each parties' responsibilities with regard to prep and take down of their events. All contracts are subject to the necessary sponsor funding being obtained. RECCOMENDATION: Approve the contracts. / 2015-16610) (14-1/rt9-/� 2015 WELD COUNTY FAIR WELD COUNTY MEAT GOAT BREEDERS PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this 6,2`7 of A''ri ) , 2015, by and between the Board of County Commissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as the "County," and Weld County Meat Goat Breeders, Donald Johnston, President, PO Box 92, Kersey, CO 80644 hereinafter referred to as the"Contractors." WITNESSETH, County and Contractors, for the mutual promises and consideration hereinafter set forth, agree that Contractors shall manage the Open Boer Goat Show at the 2015 Weld County Fair from July 25 through July 26, 2015, 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. 5. Contractors will abide by the required 5:00 pm Saturday, July 25th arrival time and see that all animals are out of the barn by 8:00 pm on Sunday, July 26th. 6. Contractors are responsible for the cleaning of stalls used by exhibitors. Contractors shall identify all pens used by participants who will be returning to participate in the 4-H and FFA shows at the fair by hanging signs on the pens they have used. All other pens will be left clean and in usable condition. 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 26th. 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 party or a hosting organization. 1 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, 2015. 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 $500,000 General Aggregate $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 26, 2015. 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 26, 2015, 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. 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 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 CONTRACTORS: / r� / 4 R_ 3/1/41/171 � ni Al-09arbara Kirkmer Weld County Me oat Breeders Chair Donald Johnst ,President Date: JUN 0 8 2®T5 Date: 72s oZ675- /6'("I ' (I) 5 STAFF APPROVALS FOR PROFESSIONAL SERVICES AGREEMENT- WELD COUNTY MEAT GOAT BREEDERS APPROV D AS TO SUBSTANCE: Elected Official or Departn*l?nt Head Director of General Services APPROVED AS TO FU DING: 0 Contro er APPROVED S TO FORM: — N County Attorney A�® CERTIFICATE OF LIABILITY INSURANCE DATE 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 CONTACT __— Jackson Insurance Agency PHONE (970)522-0672 FAX (970)522-0677 330 W.Main SL (A/c No F.U. __ _.WC.No):_ E-MAIL Sterling CO 80751 ADDRESS INSURER(S)AFFORDING COVERAGE NAICII INSURER A:SCOTTSDALE INSURANCE COMPANY INSURED INSURER B: Weld County Meat Goat Breeders GO Jennifer Seltzer INSURER C_ 33641 WCR 83 INSURER D___ Briggsdale CO 80611- 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. INSR ADDL SUBR POLICY EFF I POLICY EXP LT TYPE OF INSURANCE LIMITS LTR wqR wvq POLICY NUM=ER IMMIOD/YYYYI'IMMIDDIVYYYI A GENERAL LIABILITY CPS2198406 .5/01/2015 1p5/01/2016 EACH OCCURRENCE $ 1,000.000 X DAMAGE TO RENTED 100,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ •CLAIMS-MADE [X OCCUR MED EXP(Any one person) $ 5,000 I PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 I 2 'GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS_COMP/OP AGG 5 '000,000 XXI POLICY Vs'? OC 5 AUTOMOBILE LIABILITY ' I 'COMBINED SINGLE LIMIT I(Ea annidant) S _ _ ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY(Per accident) 5 AUTOS AUTOS I NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS ,(Pei arsident) $ 5 I UMBRELLA LIAB ' OCCUR EACH OCCURRENCE 5_EXCESS LIAB CLAIMS-MADE AGGREGATE 5 _ QED RETENTION 5 $ WORKERS COMPENSATION WCy A U- Y/N OTH- I AND EMPLOYERS'LIABILITY �. FR____. PROPRIETOR/PARTNER/EXECUTIVE '.. E,L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E .DISEASE-_EA EMPLOYEE $ It yes describe under DESCRIPTION OF OPERATIONS belpw E .DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Meat Goat Breeders Show Certifcate holder is an additional Insured"""---*""""' CERTIFICATE HOLDER CANCELLATION Al 004862 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Weld County Fair ACCORDANCE WITH THE POLICY PROVISIONS. Po Box 758 Greeley, CO 80632- AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Hello