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Home My WebLink About20141928.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -COLORADO GARDEN TRACTOR PULLERS 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 Colorado Garden Tractor Pullers YAssociation, 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 Colorado Garden Tractor Pullers 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 ��,/ L WELD COUNTY, COLORADO ATTESWwt) jdo%� Za? Ld �QJ � Douglas aemacher, Chair hair Weld County Clerk to the Board BY: Poi-au � E f�' •ara Kirkmeyer, ro-Tem CM- 1 �� De C DL to the Board ism I` _. -. Conway 4,r �� APP D A M: `' ®O Freeman Attorney EXCUSED William F. Garcia Date of signature: 7- I? I Warta 8 Ai 6 ikon 7.e" 2014-1928 EX0027 2014 WELD COUNTY FAIR COLORADO GARDEN TRACTOR PULLERS ASSOCIATION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this / of ,2O14,by and between the Board of County Commissioners of Weld County, Col rado, 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as the "County," and the Colorado Garden Tractor Pullers Association, hereinafter referred to as the "Contractor" or "CGTPA." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall organize, produce, and conduct one garden tractor pull competition ("Competition") for the 2014 Weld County Fair to be held on July 26, 2014, starting at 10:00 a.m., at the Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms and conditions: SECTION I -CONTRACTOR RESPONSIBILITIES 1. Contractor agrees to safely conduct the Competition and any classes throughout the duration of this Agreement to provide maximum protection for the Competition contestants ("Contestants") and the public. 2. Contractor shall require all Contestants in the Competition to read and sign the 2014 WELD COUNTY FAIR GARDEN TRACTOR PULL RELEASE, HOLD HARMLESS, AND INDEMNIFICATION, attached to this Agreement as Exhibit A and incorporated herein by reference. 3. 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. 4. 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 activities. The comprehensive general liability insurance shall be in the following minimum amounts: Each Occurrence $1,000,000 General Aggregate $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 1 2014-1928 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. 5. Contractor shall provide a garden tractor pulling sled with weights. An operator provided by Contractor will handle operation of the sled during the Competition. Contractor is responsible for transportation of the sled to and from the Competition. 6. Contractor shall provide distance measuring equipment and crew as necessary. 7. Contractor shall provide pull start personnel and a track flagman with red and green flags. 8. Contractor shall mark track boundary using cones and/or limed lines. Contractor will layout track boundaries prior to the start of the Competition and remove cones when the Competition is complete. 9. Contractor shall provide scale equipment to weigh all competing tractors and shall monitor weighing. Scales will be positioned behind the track starting line and all tractors will be weighed prior to their first hook in each class in which they are entered. 10. Contractor shall provide entry forms for competitors as needed, and order of pull sheets describing classes and order of pullers in each class. 2 11. Contractor shall provide pit pass armbands as necessary for competitors, crew members, and Competition personnel. 12. Contractor shall collect entry fees per class entered from each participant. In addition, Contractor shall collect an insurance fee from each competing tractor driver to cover the cost of the $lmillion liability policy carried by CGTPA thru Allied Specialty Insurance of Treasure Island, Florida. 13. Contractor shall include the pull on the CGTPA pull schedule, and promote the Competition to CGTPA members on CGTPA website cgtpapull.com. 14. Contractor shall obtain entries from CGTPA members, and prepare an order of pull for Contestants. Competition portion of pull will occur in an approximately 3-4 hour time frame. Such time frame may be shortened or lengthened depending upon the number of entries or other relevant factors. 15. Contractor shall provide experienced CGTPA announcer and scorekeeper personnel. Contractor shall provide CGTPA competitor and other Competition related written information to the announcer's booth for use during the Competition as appropriate. Contractor shall transmit puller distance measurements to the announcer's booth. 16. Contractor shall arrange for the use of a skidsteer or other acceptable pullback vehicle through Colorado Equipment or another supplier. Contractor shall provide a skidsteer operator and coordinate operation of the skidsteer for track maintenance and sled pullback. 17. Contractor shall encourage CGTPA members to participate in the Weld County Fair sponsored parade held prior to the Competition, if applicable. 18. Contractor shall conduct the Competition in accordance with rules, classes, etc as described in the CGTPA rulebook. 19. Contractor shall provide awards at its own expense for each class run based on CGTPA rulebook. 20. At the conclusion of the Event, 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. SECTION II -COUNTY RESPONSIBILITES For the Competition, County shall provide or perform the following: 1. Advertise and promote the Competition in advance, as appropriate, with advertising for other Weld County Fair events, including the fair book. 3 2. Provide a level track area approximately 180' long and 25' wide, including 30' open space minimum at each end. Note: actual competition portion of track is 150' long, and 15' wide—additional space is used to position the sled and pullback skid steer (or tractor), sled weights, maintenance equipment, etc. The top 3-4" of the track shall be graded if necessary. a. Provide tractor, leveling equipment, and operators to prepare, water, and pack track as requested by CGTPA track manager. b. Prepare and water track one day in advance if possible. In any case, track preparation must be completed at least 2 hours in advance of competition start time. c. Provide track watering hose during pull. 3. Allow CGTPA access to pull area and pit area approximately 3 hours before scheduled competition start time, and approximately 4 hours after scheduled competition start time. Provide track watering hose. 4. Limit access to track area to CGTPA competitors, crew members, track, and event personnel only. 5. Disallow any and all alcoholic beverages, including beer and wine, from the pit and track area at all times by all persons (immediately before, during, and immediately after the pull). 6. Provide a designated pit area where CGTPA pullers can park their trucks, trailers, etc. used to haul tractors, sled, and related equipment to the event. 7. Provide spectator seating in the main Island Grove grandstand and a barrier to separate the pull area from spectators in the grandstand. 8. Provide restroom facilities and food concessions for CGTPA personnel and for spectators. 9. Make arrangements for acceptance of CGTPA pit passes to allow CGTPA competitors and other CGTPA personnel access to the fairgrounds and the tractor pull arena, parking, etc., as appropriate. 10. Provide 2 portable tables with 6 chairs and a canopy, or canopies, to shade the tables for use by CGTPA personnel. 11. Allow CGTPA announcer to use the Island Grove main grandstand public address system with two portable microphones to play the national anthem and to announce the garden tractor pulling event. 4 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 26, 2014, upon the completion of the responsibilities set forth in this Agreement. SECTION IV—PAYMENT AND FEE SCHEDULE County shall pay Contractor$395.00 (three-hundred and ninety-five dollars), upon satisfactory performance of the Contractor's duties. 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. 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. 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 Competition 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 termination of this Agreement. SECTION VII -TERMINATION Time is of the essence in the performance 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 the 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. 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. 5 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. 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 tzbOQ Y' J� M3V Afwit •Lf • Douglis Raderdacher, Chairman Ralp a er, residen TPA lc vier Date: JUN 2 5 2014 Date: 6 EXHIBIT A 2014 WELD COUNTY FAIR GARDEN TRACTOR PULL RELEASE, HOLD HARMLESS AND INDEMNIFICATION PARTICIPANT acknowledges that his or her participation in the competition put on by the Colorado Garden Tractor Pullers Association carries with it certain risks of injury, damage, or other loss, including death or permanent disability. The operation of a motorized vehicle pulling weights, involves risks to the PARTICIPANT, or third persons, including, but not limited to, being rolled over and crushed, run over, burned, killed, or temporarily or permanently disabled. With complete understanding of the risks of participation in the competition, PARTICIPANT hereby voluntarily releases and agrees to hold harmless and indemnify, on his or her own behalf and on behalf of his or her heirs, successors, and assigns,the Fair Board and its officers, employees, agents, and volunteers; the County of Weld and its employees, officers, and agents; the Board of County Commissioners of the County of Weld; Weld County Extension; and their employees and officers (the "Releasees"), from any and all claims and liability, past, present, or future, for any injury or damage to PARTICIPANT, or to his or her property, resulting from any cause whatsoever occurring in the course of the Competition, excepting only such injury or damage resulting from the willful and wanton acts of the Releasees. The PARTICIPANT also agrees to hold harmless and indemnify the Releasees from any and all claims and liability, past, present, or future, for any injury or damage to third parties, resulting from the negligent or intentional acts of the PARTICIPANT occurring in the course of the event. PARTICIPANT further understands that the Releasees may be immune to liability pursuant to C.R.S. §§ 24-10-101, et. seq., by virtue of their governmental status. PARTICIPANT acknowledges and agrees that this Release, Hold Harmless and Indemnification herein stated, is not intended to circumvent or replace such immunities. By signing this Release, Hold Harmless and Indemnification herein stated,the Participant and/or Parent or Guardian acknowledges that he or she has read and understands all of the provisions contained herein. The following Participants signed this RELEASE,HOLD HARMLESS AND INDEMNIFICATION on the 26th day of July,2014: PRINTED NAME SIGNATURE 1. 2. 3. 4. 5. 6. 7. 8. 9. 1 ACORDo CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDl1'YYY) 4/16/2014 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(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 lieu of such endorsement(s). PRODUCER Allied Specialty Insurance, Inc. NAMEACT PHONE FAX 10451 Gulf Boulevard INCNo Esti' I(A/C,No): E-MATreasure Island, FL 33706.4814 ADDRESS: 1-600-237.3355 INSURER(S)AFFORDING COVERAGE NAICU INSURER A:T.H.E. Insurance Company 12866 INSURED Colorado Garden Tractor INSURER B: , Pullers Association, Inc. INSURER c: INSURER D: 1301 Lindenwood Drive INSURER E: INSURER F: I 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 SUBRI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD I POLICY NUMBER PAM/DEVYYTY) RIM/DO/TYCO LIMITS A GENERAL LIABILITY t'.PP 010399600 03/01/2014 01/0112015 EACH OCCURRENCE I $1,000,000. DAMAGE TO RENTED X I COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) I E 100,000• I I CLAIMS-MADE I X OCCUR I MED EXP(Any rsle person) $Not Covered I PERSONAL&ADV INJURY E 1,000,000. GENERAL AGGREGATE a 2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E 1,000,000. PRO- E POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I (Ea accident) E I ANY AUTO I BODILY INJURY(Per person) ! S ALL OWNED SCHEDULED I BODILY INJURY(Per accdenll S AUTOS Imo-AUTOS r-- NON-OWNED I I PROPERTY DAMAGE $ HIRED AUTOS AUTOS I I (Per accident) / i UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION WC STATU- IOTH- AND EMPLOYERS'LIABILITY YIN TORY OMITS ER ANYOFF PROPRIETOR/PARTNERTEXECUTIVE NIAi E.L.EACH ACCIDENT $ (Ma daR(Mandatory In N R EXCLUDED? It es,glory In NH) DEL.DISEASE-EA EMPLOYE $ 0 yes deecribe uFer DESCRIPTION OF OPERATIONS below i I EL.DISEASE-POLICY LIMIT $ A IAccidental Death&Dismemberment JI$5,000.Each Participant Medical Expense $5,000.Each Participant DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Event Date:7/26/14 Location,Greeley,CO Weld County Fair Board is listed as additional insured as respects to the operations of the named insured only. CERTIFICATE HOLDER CANCELLATION Weld County Fair Board SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 525 N 15th Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley,CO 80631 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHO D EPRESENTA /}.IA____________ ©1988-2010 ACO CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Hello