HomeMy WebLinkAbout20141930.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE 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 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, commencing from the date of execution by the Board
of County Commissioners, for the 2014 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 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 25th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d eliG C( jC/l„d/o•tie ,/`
Do gigs Rademacher, Chair
Weld County Clerk to the Board -
' • , rbara Kirkmeyer, Pro-Temlleft--
BY:
De Clerk to the Boa ' ` ,`?��"�:
an P. Conway
AP VE A M: `
Mike Freeman
C Attorney EXCUSED
William F. Garcia
ate of signature: 7'1-1
Ionstaa-t CG�c('K)
-}U K ‘1I15- 8lif 20144930
EX0027
2014 WELD COUNTY FAIR
LONGS PEAK ANTIQUE TRACTOR AND ENGINE ASSOCIATION
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this c1/4/14 j ' , 2014, by and between the
Board of County Commissioners of Weld County, Colora , 915 10`h 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 2014 Weld County Fair from July 23 through July 27, 2014, 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 and to safely provide tractor rides to afford
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 23, 2014. 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 $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. 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.
2014-1930
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 and conduct
tractor rides. Contractor shall be responsible for clean up 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 27, 2014.
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 27, 2014, upon the completion of the responsibilities
set forth in this Agreement.
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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
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
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
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. If the performance 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 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
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.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS CONTRACTOR:
PseDougl2 s Rademacher
" y� �/-
Chairman Title: l"`�Gsj,"
Longs Peak Antique Tractor and Engine
Association
Date: JUN 2 5 2014 Date: 3 vet J --
4
ao/y— /9.3"
Janet Konkel
From: Brian Gunderson <bgunder@qwestoffice.net>
Sent: Friday, June 06, 2014 10:26 AM
To: Janet Konkel
Subject: Insurance certificate
Attachments: Insdoc.pdf
Janet,
This document expires in July, I will email you the new doc when I get it upon renewal of our policy.
Thanks,
Brian Gunderson
Secretary/Treasurer
Longs Peak Antique Tractor& Engine Association
bgunder@qwestoffice.net
970-218-0527
1
Jul 11 2O13 4: 16PM HP LASERJET FAX p. 1
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AFR� CERTIFICATE OF LIABILITY INSURANCE ATEDAW 2013
NO RIGHTS UPON THE CERTIFICATE
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
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IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
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Wellington, CO 80549 INSURER A:Auto Owners
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WINDSCR, CO 80550
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INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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CERTIFICATE HOLDER CANCELLATION
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