HomeMy WebLinkAbout20131522.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- ERIC MELVIN AND ANGELYNE THE AMAZING DEAF CATTLE DOG
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 Eric Melvin and Angelyne The Amazing Deaf
Cattle Dog, commencing from the date of execution by the Board of County Commissioners, for the
2013 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 Eric Melvin and Angelyne The Amazing Deaf Cattle Dog, 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 17th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William F. Garcia. Chair
Weld County Clerk to the Board
BY:
Deputy Clerk
County Attorney EXCUSED
Date of signature:
JAI
JUN 2 7 2013
Barbara Kirkmeyer
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2 -i7 --/J
2013-1522
EX0026
2013 WELD COUNTY FAIR
ERIC MELVIN AND ANGELYNE THE AMAZING DEAF CATTLE DOG
PROFESSIONAL SERVICES AGREEMENT
'14
THIS AGREEMENT is made this 2 1- of / , 2013, by and between the
Board of County Commissioners of Weld County. Colors , 915 10th Street, Greeley, Colorado
80631, hereinafter referred to as the "County," and Eric elvin, 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 two thirty minute
presentation (hereinafter "the Performances") for the 2013 Weld County Fair to be held on July
28, 2013, at Island Grove Park in Greeley, Colorado, pursuant to the following terms and
conditions:
SECTION I —CONTRACTOR RESPONSIBILITIES
1. Contractor agrees to safely conduct the Performances 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.
3. Contractor shall conduct the performances on July 28, 2013, at times agreed upon with
the Weld County Fair Board.
SECTION II -COUNTY RESPONSIBILITES
For the Performances, County shall provide or perform the following:
1. Advertise and promote the Performances in advance, as appropriate, with advertising for
other Weld County Fair events, including the fair book.
2013-1522
2. Provide booth space on July 28, 2013. in a high traffic area with a table, two chairs, and
black and white copies of Contractor's coloring sheet in sufficient quantities for children
visiting the booth.
3. Provide a minimum 10' X 20' performance area with two power outlets within 30' of the
performance area. Chairs for the audience will be placed minimum 4' back from the
performance and the chairs will be arranged and spaced to allow for Contractor and dog
to easily walk throughout the audience and to and from the performance area.
4. Allow Contractor access to the booth and performance area at least one hour prior to the
Performances or opening of the booth to the public.
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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 28, 2013, upon the completion of the responsibilities
set forth in this Agreement.
SECTION IV — PAYMENT AND FEE SCHEDULE
Upon completion of the obligations of this Agreement, County shall pay Contractor two -hundred
dollars ($200.00). 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)(IVJ, 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 defend, 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 parties or Contractor arising during
the term of this Agreement and resulting from the Performances, Contractor's presence on the
Fairgrounds, or the 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 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.
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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 xecute this Agreement on the day first above written.
ATTEST:
CLERK OF THE BOARD
�r�� r_s • _ 'spa
Deputy Cler to the Board
Date:
JUN 172013
Approved as to form
JUN 1 7 2013
my Attorney
Date:
Approved as to substance:
Terry S n meier, President
Weld County Fair Board
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
William F. Garcia, Chairman
Date:
JUN 17 2013
CONTRACTOR:
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711-6)
Eric Melvin
Date:
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