HomeMy WebLinkAbout20151656.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - CORVETTES WEST CAR CLUB CHAPTER
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 Corvettes West
Car Club Chapter, 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 Corvettes West Car Club Chapter, 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 8th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: '.ar tit fir'
iN! •� Barbara Kirkmey , Chair
Weld County Clerk to the Board
• Mike Freeman, Pro-Tem
D A Clerk to the Bo rd 10111..
j Sean P. Conway 7—
•
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APPROVC�''� AS TO FOR
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1 '` •'-�►`� `rulie A. ozad
it 4i. •
County Attorney Nor,: '�
• ki Steve Moreno
Date of signature: /025
(.e.' ; L F r I'I la1,14p 20 EX0027
TO: BOCC
1cj "� _ FROM: Frank Haug, Assistant Weld County Attorney
111 / DATE: May 29, 2015
pmit 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.
/ 2015-1656(I)
2015 WELD COUNTY FAIR
CORVETTES WEST CAR CLUB CHAPTER
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this / q of -F, , 2015, by and between the
Board of County Commissioners of Weld County, Colorado, 91 10th Street, Greeley, Colorado
80631, hereinafter referred to as the"County," and Corvettes West Car Club Chapter, hereinafter
referred to as the"Contractor."
WITNESSETH, County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree that Contractor shall organize, produce, and conduct one Corvette
automobile show(hereinafter "Vette Fest") for the 2015 Weld County Fair to be held on August
2, 2015, starting at 9:00 a.m., at Island Grove Park in Greeley, Colorado, pursuant to the
following terms and conditions:
SECTION I -CONTRACTOR RESPONSIBILITIES
1. Contractor agrees to safely conduct Vette Fest to provide maximum protection for the
participants and the public.
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,
including without limitation, laws applicable to discrimination and unfair employment
practices.
3. Contractor shall ensure that alcohol is not consumed on the Weld County Fairgrounds by
any Vette Fest attendee and shall promptly report any incidents of alcohol consumption
to Fair staff.
4. Contractor shall ensure that noise levels at Vette Fest shall not disturb Fair attendees or
interfere with other events occurring at the Fair and shall promptly comply with requests
from Fair staff to reduce noise levels.
5. Contractor shall not use, or allow attendees to use, all terrain vehicles (A TV's),V's), golf carts,
or similar vehicles during Vette Fest unless such vehicles have been previously approved
by Fair staff and are used in conformance with any limitations imposed by Fair staff.
6. 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 Competition. 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
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activities. The comprehensive general liability insurance shall be in the following
minimum amounts:
Each Occurrence $2,000,000
General Aggregate $2,000,000
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.
7. Contractor shall provide all personnel to set-up, conduct, clean up after Vette Fest.
8. Contractor at its own expense shall provide all prizes to attendees and competition
winners except for Weld County Choice Plaque which shall be provided by Weld County
pursuant to Section II(3) of this Agreement.
9. At the conclusion of Vette Fest, Contractor shall be responsible for clean up and leaving
any areas utilized by Contractor or the Contestants in substantially the same condition as
prior to set-up for the Competition. Contractor shall ensure that that all clean up shall be
completed by the close of the Weld County Fair on August 2, 2015.
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SECTION II -COUNTY RESPONSIBILITES
For Vette Fest, County shall provide or perform the following :
1 . Advertise and promote the Vette Fest in advance, as appropriate, with advertising for
other Weld County Fair events, including the fair book.
2 . Provide sufficient area within Island Grove Park to accommodate the parking and
showing of approximately 150 Corvettes . Access to the area designated by County on
August 2 , 2015 , shall be allowed beginning at 7 : 00 a.m .
3 . Provide one plaque prior to August 2, 2015 , to be used by Contractor as a prize for Weld
County Choice plaque .
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 August 2, 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 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.
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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 third party or Contractor arising during
the term of this Agreement and resulting from Vette Fest 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 .
SECTION VIII - MUTUAL UNDERSTANDINGS
1 . Integration of Understanding. This Agreement and Attachment A contain 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.
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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. 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.
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,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
In Witness Whereof,the parties hereto execute this Agreement on the day first above written.
ATTEST:
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
arbara Kirkm yer * President /{J/tn... (3ASe.1—
Chair Corvettes West Car Club Chapter
JUN 082015 c c {
Date: Date: //0
/G 5-6. 6 )
5
STAFF APPROVALS FOR PROFESSIONAL SERVICES AGREEMENT- CORVETTES WEST
CAR CLUB CHAPTER
APPROV, D AS TO SUBSTANCE:
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Elected Official or DepartmeeFt Head
N/A
Director of General Services
AUZVED AS T FIN
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Controller
APPROVED S TO FORM:
County Attorney
W DATE IMIAfDDlYYYY)
I a� CERTIFICATE OF LIABILITY INSURANCE 1_6/2/15�H
THIS CERTIFICATE-IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOE�..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(les) 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 Ileu of such endorsement(s).
' PRODUCER NAo"ACT Loretta Dearing
revised PHONE 1 AX,Nol:
J.C. Taylor, Inc. LAIC.No.EMO:
E-MAIL
320 S. 69th St. ADDRESS:
1NSURER(S)AFFORDING COVERAGE NAIC N
Upper Darby, Pa, 19082 INSURER A: Foremost Property & Casualty
INSURED INSURER D:
The Association of Classic Enthusiasts, Inc. INSURER C:
c/o Cozette Alley INSURER O:
5200 S. Washington Ave. INSURER E:
Titusville, FL 32780 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.
INSRr AODL'SUeIT POLJCY EFF 'POLICY EX' LIMITS
LTR TYPE OF INSURANCE I NSR WVD POLICY NUMBER (MM/DOIYYTY) (MMDDOrYYYYI_
GENERAL LIABILITY EACH OCCURRENCE $1.000.000.DAMAGE
A "I COMMERCNLGENERLIABILITY PPS08352074 1/15/151/15/16 PR t
5Es Ea ^s^W 51 ,ono,(1(}{I_
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PERSONAL 6ADV INJURY ,s1,000,000.
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H i GENERAL AGGREGATE 52,000,00C4 GENT.AGGREGATE LAIR APPLIES PER: S
X l PRODUCTS-COMP/OP AGO $S J 000,000.
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AUTOMOBILE LIABILITY IEn ocGdeal -�
BODILY INJURY(Per person) 5
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ALL OWNED SCHEDULED BODILY INJURY(Per, den!) S
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A , XHIREOAUTOS X AUTOS PPS08352074 1/15/15 1/15/16 s
X UMBRELLA LIAe X OCCUR EACH OCCURRENCE $ 5,000,000.
A A — PPS08352074 x-/15/15 1/15/16 AGGREGATE $ 5,000,009,
EXCESS LIAe CLAims-MADE
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Corvettes West Island Grove Park
Car Club Chapter Car Show Aug. 2,2015 Greeley, CO.
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Weld County
AUTHORIZED REPRESENTATIVE / ,� "-_"�_ Pte(6442
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