HomeMy WebLinkAbout20111627.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
-AMERICAN BULL FIGHTING 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 the American Bull Fighting Association,
commencing from the date of execution by the Board of County Commissioners and ending July 29,
2011, 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 the American Bull Fighting 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 11th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
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ATTEST:. %���� IE lea tjti.t,�r ,t zc c c //Jct ./ L
�Barbara Kirkmeyer, Chair
Weld County Clerk to the ! a ✓
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,, ?bean ay, Pro-Tem
Deputy Clerk to the Boar• I / D
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APPROVED AS TO FORM:
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Date of signature: 7"'/I/
CC ^7l 2011-1627
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Weld County Board of Commissioners
American Bull Fighting Association
Professional Service Agreement
THIS AGREEMENT is made this 1/it day of , 2011,by and between the
Board of County Commissioners of Weld County, Colorado, 915 Street, Greeley, Colorado 80631,
hereinafter referred to as"County," and the American Bull Fighting Association, hereinafter referred to as
"Contractor."
WITNESSETH:
County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows:
Contractor shall produce one Bull Fighting Show and one Mutton Busting Show("the Performance") for
the 2010 Weld County Fair to be held on Friday, July 29, 2011 at 6:00 P.M. and lasting at least 2 hours in
duration, at Island Grove Park Arena in Greeley, Colorado.
SECTION I-SERVICES AND RESPONSIBILITIES OF CONTRACTOR
Contractor shall, as part of producing the Performance,provide the following:
1. All rodeo stock as needed to produce the Performance. As well as all personnel to handle said livestock.
2. Contractor will handle all entries and ticket sales and costs associated with producing, marketing and
sponsoring the Performance. All sponsors will need to meet the approval of the Weld County Fair
Board and should not conflict with sponsors already procured by the Weld County Fair as determined by
the Weld County Fair Board. Sponsors may not include alcohol or tobacco related sponsors and any
other sponsors not deemed appropriate by the Weld County Fair Board. Contractor shall also
acknowledge all sponsors the Weld County Fair already has procured including but not limited to
"Noble Energy"who has sponsored our Friday Senior Day that occurs on the date of the Performance.
3. Contractor shall be responsible for feeding and watering of all livestock.
4. Feed for all livestock.
5. Contractor shall provide humane care and treatment of livestock pursuant to all laws referred to in Item
6 of this Section. Contractor shall be responsible for all injured or loss of livestock. Contractor shall
contract with a local veterinarian practicing in Weld County to be on site throughout the Performance in
case any animals are injured.
6. Contractor shall adhere to all federal, state, and local laws and regulations including, but not limited to,
the laws of the State of Colorado and of the County of Weld.
7. In the event that the County cannot arrange sufficient security for the Performance,the Contractor shall
contract with a licensed security agency to provide security at the Performance.
8. An announcer for the Performance.
9. Personnel to runs chutes, gates,bullfighters,clowns,timers, flaggers and judges for the Performance and
any other personnel needed to produce the Performance.
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10. All payouts to contestants for the Performance.
11. Five percent(5%)of any profit above and beyond Contractor's costs in putting on the Performance will
be paid to the Weld County Fair. The Contractor shall submit a written report detailing the accounting
used to determine whether a profit was made from the Performance. Additionally, upon County request,
the Contractor shall make available for inspection all financial records and materials used to determine
whether a profit was made.
12. Contractor shall contract with the Weld County Paramedic Service to be on site throughout the
Performance.
13. Contractor shall pay all applicable taxes, Island Grove Regional Park user fees, and any other fees
associated with entries, seat taxes and ticket fees.
14. Panels or gates to divide arena in conjunction with county equipment available.
15. All livestock to be used in the Performance must have be accompanied by a official certificate of
veterinary inspection(health certificate) issued by an accredited veterinarian within ten days of entry to
the fair grounds and said certificate along with one photocopy presented to appropriate Fair personnel at
arrival.
16. Contractor shall provide 4-H groups the opportunity to operate the concessions during the Performance.
Additional 4-H members shall be provided with a discount wristband for the Performance.
17. Contractor shall require all participants in the Bull Fighting portion of the Performance to sign the
attached Release,Hold Harmless,and Indemnification, ATTACHMENT A hereto and incorporated by
reference herein.
18. Contractor shall require all participants in the Mutton Busting portion of the Performance to sign the
attached Release, Hold Harmless,and Indemnification, ATTACHMENT B hereto and incorporated by
reference herein.
19. Contractor shall cooperate with Island Grove Arena personnel in the clean-up of the Arena after the
Performance.
20. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability,
comprehensive automobile liability, and worker's compensation(if there are employees of the
Contractor)upon notification of award and prior to performance. Work shall not commence under this
Agreement until Contractor has submitted to the County and received approval thereof,the certificate of
insurance showing compliance with the following types and coverage of insurance:
a. Comprehensive General Liability Insurance: to include products liability, completed operations,
contractual, broad form property damage and personal injury. Said insurance shall include coverage
for any and all personal injuries arising out of Contractor's activities.
Each Occurrence $1,000,000
General Aggregate $1,000,000
b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased,
or borrowed in the name of the American Bullfighting Association.
Bodily Injury/Property Damage $1,000,000 (each occurrence)
Personal Injury Protection As Required by Colorado Statutes
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c. Workman's Compensation Insurance: As Required by Colorado Statutes
21. All insurers of Contractor must be licensed or approved to do business in the state of Colorado.
Contractor's comprehensive general liability, comprehensive automobile liability and workman's
compensation insurance policies and/or certificates of insurance shall be issued to include Weld County,
its employees and officers,and the Weld County Fair Board as additional insured parties and shall
include the following provisions:
The insurance company issuing the policy or policies shall have no right of recovery or
subrogation against the County, it being the intent of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses resulting from
the actions or negligence of Contractor, or injuries arising out of Contractor's activities.
The insurance companies issuing the policy or policies shall have no recourse against the County
for payment of any premiums due or for any assessments under any form of any policy.
22. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of
Contractor.
Each insurance policy herein required 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.
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 election of the County, 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 the obligations of Contractor
concerning indemnification.
SECTION II-RESPONSIBILITES OF COUNTY.
For the Performance, County shall provide the following:
1. Marketing support in marketing material produced following the signing of this contract. Including
radio print,posters and handouts that the fair would already be procuring for the advertisement of the
Weld County Fair.
SECTION III—TERM.
The term of the agreement shall commence upon the execution of this Agreement by both parties and
end on Friday,July 29,2011,conditioned upon the satisfactory completion of the respective responsibilities
imposed in this Agreement.
SECTION IV-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 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.
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SECTION V-INDEMNIFICATION
Contractor agrees to indemnify and hold harmless County, its officers, agents, and employees for, 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)as a result of Contractor's performance or failure to perform pursuant to the terms
of this Agreement.
SECTION VI-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 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. 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. In situations where it is not reasonably practicable for the aggrieved party
to allow one day for the other party to cure, the aggrieved party must allow as much time as reasonably possible
for the other party to cure prior to terminating this Agreement.
SECTION VII-MUTUAL UNDERSTANDINGS
1. Integration of Understanding
This Agreement contains the entire understanding of the parties hereto and neither it, no 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. Immunity
No term or condition of this contract 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.
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In Witness Whereof,the parties hereto execute this contract on the day first above written.
ATTEST: �w
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Visa
CLERK OF THE BOARD ��. CHAIRMAN OF THE BOARD OF
ias� t R � W D COUNTY CO SSIONERS .
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"1. air,Barbara�J�it X1 11
Date: JUL 1 12011 Date:
App as COMOR:
d ounty Attorney's Office American Bull Fighting Association
Date: JUL 1 12011 Date: S+\ , aml
Approv o substance:
S art Gebauer
Weld County Fair Board President
ATTACHMENT A TO Weld County Board of Commissioners American Bullfighting Association
Professional Service Agreement
RELEASE,HOLD HARMLESS AND INDEMNIFICATION
NAME OF PARTICIPANT IN BULLFIGHT PERFORMANCE:
ADDRESS:
STREET CITY/TOWN STATE ZIP
PARTICIPANT acknowledges that his or her participation in BULLFIGHTING carries with it certain risks of
injury, damage,or other loss, including death or permanent disability.The handling, management, or riding of animals,
involves risks to the PARTICIPANT, or third persons, including,but not limited to, being kicked,bumped, stepped
upon, bitten, or thrown by the animal.
With complete understanding of the risks of participation in BULLFIGHTING,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;the County of Weld and its employees and officers;the Board of County
Commissioners of the County of Weld; Weld County Extension; and their employees and officers(the"Releases"), 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 Performance and/or Re-enactment,
excepting only such injury or damage resulting from the willful and wanton acts of the Releases.The PARTICIPANT
also agrees to hold harmless and indemnify the Releases 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 Performance and/or Re-enactment.
PARTICIPANT further understands that the Releases 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 or Guardian
acknowledges that he or she has read and understands all of the provisions contained herein.
Signed this day of ,2011.
Signature of Participant or of Parent or Guardian if Minor
Printed Name
F
ATTACHMENT B TO Weld County Board of Commissioners American Bullfighting Association
Professional Service Agreement
RELEASE,HOLD HARMLESS AND INDEMNIFICATION
NAME OF PARTICIPANT IN MUTTON BUSTING:
ADDRESS:
STREET CITY/TOWN STATE ZIP
PARTICIPANT acknowledges that his or her participation in MUTTON BUSTING carries with it certain risks
of injury, damage,or other loss, including death or permanent disability.The handling,management, or riding of
animals, involves risks to the PARTICIPANT,or third persons,including,but not limited to,being kicked,bumped,
stepped upon, bitten,or thrown by the animal.
With complete understanding of the risks of participation in MUTTON BUSTING,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;the County of Weld and its employees and officers;the Board of County
Commissioners of the County of Weld; Weld County Extension; and their employees and officers(the"Releases"),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 Performance and/or Re-enactment,
excepting only such injury or damage resulting from the willful and wanton acts of the Releases.The PARTICIPANT
also agrees to hold harmless and indemnify the Releases 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 Performance and/or Re-enactment.
PARTICIPANT further understands that the Releases 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 Parent or Guardian acknowledges that he or
she has read and understands all of the provisions contained herein.
Signed this day of ,2011.
Signature of Parent or Guardian
Printed Name
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