HomeMy WebLinkAbout20131540.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- ORR LAND COMPANY
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 Orr Land Company, 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 Orr Land Company, 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 19th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
ATTES
Weld County Clerk to the Board
BY:
Deputy ( I: k to the Boar
APPROVED AS TO FORM:
County Attorney
Date of signature: JUL 0 2 2013
WELD COUJgrY, COLORADO
William . Garcia, Chair
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%•uglis Rademach r, Pro -Tern
an P. Conway
Mike Freeman
EXCUSED
Barbara Kirkmeyer
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7-ig- aC/S
2013-1540
EX0026
2013 WELD COUNTY FAIR
ORR LAND COMPANY BARBECUE COMPETITION
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this of t AL , 2013, 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 Orr Land Company, 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 a barbecue
competition (hereinafter the "Competition") for the 2013 Weld County Fair to be held on July
25, 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 Competition 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 ensure that alcohol is not consumed on the Weld County Fairgrounds by
any Competition participant or attendee and shall promptly report any incidents of
alcohol consumption to Fair staff.
4. Contractor shall require all participants in the Competition to read and sign the 2013
WELD COUNTY FAIR BARBECUE COMPETITION RELEASE, HOLD HARMLESS,
AND INDEMNIFICATION, attached to this Agreement as Exhibit A and incorporated
herein by reference.
5. Contractor shall provide sufficient personnel to set up, conduct, and clean-up after the
Competition.
6. All areas used during the Competition shall be returned to the same condition as before
the Competition.
7. Contractor shall provide all prizes and awards at Contractor's sole expense.
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.
2013-1540
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2. Provide sufficient space for the Competition and registration on the Fairgrounds.
3. Provide two tables and six chairs for the registration area to be located in the Pavillion.
4. Provide electricity, waste removal service, and PA system and stage.
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 25, 2013, upon the completion of the responsibilities
set forth in this Agreement.
SECTION IV - PAYMENT AND FEE SCHEDULE
County shall not be obligated to make any monetary payments to Contractor. 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 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 Competition 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
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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
I. 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.
ATTEST:p,��e.,,,
CLERK OF THE BO
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
u Clerk the
Deputy Board
Date: JUN 1 9 2013
Approved as to
ounty Attorney
Date: JUN 1 9 2013
Approved as to substance:
1 �
Presidefit
Weld County Fair Board
Chairman William F. Garcia
Date:
JUN 1 92013
CONTRACTOR:
Orr Land Company
Date:
4
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EXHIBIT A
2013 WELD COUNTY FAIR BARBECUE COMPETITION RELEASE, HOLD
HARMLESS, AND INDEMNIFICATION
NAME OF PARTICIPANT IN BARBECUE COMPETITION:
ADDRESS:
STREET CITY/TOWN
STATE ZIP
PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Barbecue
Competition carries with it certain risks of injury, damage, or other loss, including death or permanent
disability. Cooking food over burning coals or gas involves risks to the PARTICIPANT including but
not limited to burns, smoke or fume inhalation, cuts or punctures, and food poisoning.
With complete understanding of the risks of participation in the Barbecue Competition,
PARTICIPANT, or parent/guardian, 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, its officers, employees, agents, and volunteers; the County of Weld and its employees, officers,
agents, and volunteers; the Board of County Commissioners of the County of Weld; Weld County
Extension and its employees, officers, and agents (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 Barbecue Competition, excepting only such
injury or damage resulting from the willful and wanton acts of the Releasees. The PARTICIPANT, or
parent/guardian, 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 acts of the
PARTICIPANT occurring in the course of the Barbecue Competition.
PARTICIPANT, or parent/guardian, further understands that the Releasees may be immune to
liability pursuant to C.R.S. §13-21-119, for certain equine activities, or 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 Hold Harmless and Indemnification herein stated, the PARTICIPANT and/or
parent/guardian acknowledges that he or she has read and understands all of the provisions contained
herein.
Signed this day of , 2013.
Signature of Participant or of Parent or Guardian if Minor
Printed Name
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