HomeMy WebLinkAbout20020419 RESOLUTION
RE: APPROVE AGREEMENT FOR PUBLICATION OF 2002 WELD COUNTY FAIR
PREMIUM BOOK AND AUTHORIZE CHAIR TO SIGN - THE FENCE POST
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 an Agreement for Publication of the
2002 Weld County Fair Premium Book between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Fence Post, with 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 Agreement for Publication of the 2002 Weld County Fair
Premium Book between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Fence Post 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 20th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
-tpt WEL COUNTY/I:7O
ATTEST: k:
�, ; ✓ 3' �� le Vaad, Chair
Weld County Clerk to the -dea 2Q.
�
. �
L�
T` 4, avid E. Lon. •ro`Tem
Deputy Clerk to the Boar.♦�
M. J. G ile
APPROVED AS T • t ; Cif/4„o
' liam H. Jerke
�ounty Attomrreq c
Robert D. Masden
Date of signature: /��
2002-0419
et? f42 knee /is� BC0032
AGREEMENT FOR PUBLICATION OF
2002 WELD COUNTY FAIR PREMIUM BOOK
THIS AGREEMENT is made this 20th day of February , 2W2, by and between
the County of Weld, a political subdivision of the State of Colorado, on behalf of the Weld County
Fair, with offices located at 915 10`h Avenue, Greeley, CO 80631, hereinafter referred to as "Weld
County Fair," and the Fence Post, whose address is 423 Main Street, P.O. Box 488, Windsor, CO
80550, hereinafter referred to as "Fence Post."
WITNESSETH:
WHEREAS, the 2002 Weld County Fair is scheduled to occur July 22 - 30, 2002, and
WHEREAS, Fence Post has offered to publish the 2002 Weld County Fair Premium Book
("the Fair Book") at free of charge to the Weld County Fair, and
WHEREAS,the parties desire to enter into this Agreement for the purpose of memorializing
the details and responsibilities for accomplishing the publication of the Fair Book.
NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the
parties mutually agree as follow:
1. PUBLICATION OF FAIR BOOK BY FENCE POST: Fence Post agrees to publish
the Fair Book free of charge to the Weld County Fair. Fence Post will publish
approximately 3,500 books and mail the same to those persons and entities with
names and addresses supplied by the Weld County Fair ("the Mailing List"). The
cost of such mailing shall be paid by Fence Post . Approximately 200 of the 3,500
books shall be delivered to the offices of the Weld County Fair. Publication shall be
finished such that all books shall be either mailed or delivered on or prior to April 15,
2002. The form of the Fair Book shall be two column,magazine format. Fence Post
shall be responsible for selling all advertising, layout and design for the Fair Book.
The Fair Book shall include feature stories, photos, and other relevant information
pertaining to the Weld County Fair,which shall be submitted to Fence Post on a date
agreed upon by the parties.
2. DUTIES OF THE WELD COUNTY FAIR: The Weld County Fair shall be
responsible for submitting to Fence Post on a date agreed upon by the parties feature
stories, photos, and other relevant information pertaining to the Weld County Fair.
Such information shall include, but is not limited to, the following:
a. Event schedules.
b. Special event dates.
Page 1 of 4 Pages
2002-0419
c. Special entertainment.
d. Sponsors.
e. Rules and regulations of the Weld County Fair.
f. Premium listings.
3. WELD COUNTY FAIR CONTACT PERSON: The contact person for the Weld
County Fair with respect to the publication of the Fair Book by Fence post shall be:
Sandra Meier, Fair Coordinator
525 N. 15' Avenue
Greeley, CO 80631
(970) 351-0415
4. MISCELLANEOUS:
a. No compensation shall be due from the Weld County Fair to the Fence Post
for the purpose of Fence Post complying with the terms and conditions of this
Agreement.
b. Neither the Fence Post,nor any agent or employee of the Fence Post,shall be
or shall be deemed to be,an agent or employee of the Weld County Fair. The
Fence Post shall have no authorization, express or implied,to bind the Weld
County Fair to any agreements, liability,or understanding. Fence Post shall
be solely responsible for the acts of the Fence Post,its employees and agents.
c. Neither party may assign its rights or duties under this Agreement without the
prior written consent of the other party.
d. This Agreement is intended as a complete integration of all understanding
between the parties. No changes, alteration,variation or deviation from the
terms of this Agreement, unless made in writing and signed by all parties
hereto,and that no verbal understanding or agreement past,present or future,
not incorporated herein shall be valid or binding on either party and it is
further understood and agreed that all representations regarding this
Agreement are contained herein and understood by the parties hereto.
e. At all times during the performance of this Agreement, the Fence Post shall
strictly adhere to all applicable federal,state and local laws that have been or
may hereafter be established, including but not limited to laws and
Page 2 of 4 Pages
regulations concerning taxation, health, safety, labor, employment and
licensing.
f Except as herein otherwise provided,this Agreement shall inure to the benefit
of an be binding upon the parties hereto and their respective successors and
assigns.
g. If any term or provision of this Agreement, or the application thereof to any
person or circumstances shall,to any extent,be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or
provisions,to a person or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other term and
provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
h. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this
Agreement.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement,shall be strictly reserved to the undersigned parties and nothing
in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
j. Fence Post shall refrain from using the Mailing List provided by the Weld
County Fair for any purpose other than mailing the fair books and shall not
sell such list to any third-party.
Page 3 of 4 Pages
IN WITNESS WHEREOF, of the parties hereto execute this Agreement on the day first
above written.
ATTEST: gall ', COUNTY OF WELD, a political subdivision
if-
* ,` of the STATE OF COLORADO:
Weld County Clerk to . . ..
"
Wier NI
44�! BY: 'n,%r- t �
BY: Coi �j, ��1; •'', 5�� GlennVaadaad, Chairman ( /20/2002)
Deputy Clerk to the't /�� Board of County Commissioners of the
County of Weld
FENCE P T:
By: 4. ea "171-Cti
Gary S eeney, Publis r
Page 4 of 4 Pages
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