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HomeMy WebLinkAbout20260681 Resolution Approve Professional Service Agreement for Photography at 2026 Weld County Fair and Authorize Chair to Sign — Allison Marie Media 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 for Photography at the 2026 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension Service of Weld County / Fair Board, and Allison Marie Media, commencing upon full execution of signatures, and ending July 27, 2026, 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 for Photography at the 2026 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension Service of Weld County / Fair Board, and Allison Marie Media, 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 25th day of March, A.D., 2026: Scott K. James, Chair: Aye Jason S. Maxey, Pro-Tem: Aye I, S _ Z`• Perry L. Buck: Aye 1 4t, Lynette Peppier: Aye ' ems': Kevin D. Ross: Excused9,7 \-ehn Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc :EX b03/M6) 2026-0681 09 I \ate EX0031 Cb C+ OW 0409 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: 2026 WCF Photography Contract DEPARTMENT: Extension DATE: 03/05/2026 PERSON REQUESTING: Mikayla Gabel Brief description of the problem/issue: Weld County Fair Board has approved the Photography contract to book Allison Marie Media for the 2026 Fair. What options exist for the Board? Approve/Don't Approve Contract Consequences: We would have to look for a new service provider for Photography. Impacts: Component of putting on the Weld County Fair.The exhibitors from the fair are able to thank and share with the sponsors and buyers of their animals. Cost(Current Fiscal Year/Ongoing or Subsequent Fiscal Years: Contract is attached.A$7500 sponsorhsip has been secured for the cost of the photos to each exhibitor and labor to the photographer and her crew. Recommendation: Weld County Fair Board recommends Allison Marie Media as our offical fair photographer during the 2026 Fair.This contract has already been approved by legal. Support Recommendation Schedule Place on BOCC A enda Work Session Other/Comments: Perry L. Buck __ Scott K.James Jason S. Maxey T7 41 Lynette Peppier Kevin D. Ross 2026-0681 3/ZS Ex 0 031 2026 WELD COUNTY FAIR PROFESSIONAL SERVICE AGREEMENT Allison Marie Media - Photography THIS AGREEMENT is made this 26 of January, 2026 by and between the Weld County Fair, hereinafter referred to as the "County", and Allison Marie Media, hereinafter referred to as the "Contractor". WITNESSETH, Weld County Fair and Contractor, for the mutual promises and consideration hereinafter set forth, agree that the Contractor shall take the official photographs of the 2026 Weld County Fair pursuant to the following terms and conditions: SECTION I — PHOTOGRAPHER RESPONSIBILITIES 1. Contractor will work with Weld County Fair Coordinator on show schedule and what needs to be photographed daily during the 2026 Weld County Fair. 2. Contractor shall attain a $7,500 sponsorship. This will cover 10 days of Fair coverage, including ring- shot candid photos and backdrops ($6,500); travel and lodging for experienced photographer team ($1,000); and free digital images for exhibitors to download. 3. The logo of the official sponsor will be featured on all the pictures, unless they are paid for the logo to be removed. 4. Capture high-quality action shots of exhibitors and their animals in the show ring. 5. Capture high-quality backdrop/champion photos of all 4-H and FFA Livestock and horse events. 6. Capture candid shots of candid and barn photos of exhibitors preparing, interacting with, and caring for their animals. 7. Capture livestock shows, 4-H exhibitors, royalty events, ceremonies, and other Fair highlights. 8. Contractor will provide 5-7 Staff members (5-6 photographers and 1 office staff) for duration of Weld County Fair July 18 - July 27, 2026. 9. Provide access to all images for Weld County Extension and Fair staff for marketing purposes. 10. Provide banners with official sponsors logo on it for all Livestock Show Rings to be displayed during Fair. 11. Candid photos shall be uploaded to the website within 24-72 hours after the completion of the specific show. 12. Backdrop photos shall be uploaded to the website within 24 hours after the completion of the specific show. SECTION II —COUNTY RESPONSIBILITIES 1. The County will put the Contractor's Advertisement(AD) in the Fair Book and any other places mutually agreed upon. The Contractor's information will also be put on the official Weld County Fair website for promotional purposes. 2. The County will provide access to power, high-speed internet and a table and office space for Allison Marie Media staff members through duration of the Fair. 1_ �(c. `v ti 3. The County will provide lunch through duration of the Fair for 5-7 staff members of Allison Marie Media SECTION III —TERM The term of this Agreement shall commence upon the date of execution by both the County and the Contractor and end on July 27, 2026, upon the completion of the responsibilities set forth in this agreement. Fair has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. SECTION IV— OTHER PROVISIONS 1. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County because of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 2. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 3. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 4. Force Majeure. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 5. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 6. Non-Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 7. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 8. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 9. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 10. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 11. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 12. 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. 13. No Third-Party Beneficiary. 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. 14. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 15. Choice of Law/Jurisdiction. 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. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 16. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 17. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. In Witness Whereof, the parties hereto execute this Agreement on the day first above written. ATTEST: CHAIR OF THE WELD COUNTY CONTRACTOR BOARD OF COUNTY COMMISSIONERS Allison Marie Media Allison Hocker Scott K. James Allison Hocker Chair Allison Marie Media MAR 2 5 2026 1/26/26 Date Date ATTEST: ..f lea%,r, ti Weld County Clerk to the Board y 86 BY ROI/ Deputy Clerk to the Board �. ? oZ lt)—Oo k Contract Form Entity Information Entity Name* Entity ID* New Entity?Please use the job ALLISON MARIE MEDIA SUP-51821 aid linked here to add a Q supplier in Workday. Contract Name* Contract ID Parent Contract ID 2026 WELD COUNTY FAIR PHOTOGRAPHER 10409 Requires Board Approval Contract Status Contract Lead* YES CTB REVIEW MGABEL Department Project# Contract Lead Email mgabel@weld.gov Contract Description* 2026 WELD COUNTY FAIR PHOTOGRAPHER Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT EXTENSION SERVICES Date* 03/05/2026 03/09/2026 Amount* Department Email $7,500.00 CM- Will a work session with BOCC be required?* ExtensionServices@weld.g NO Renewable* ov NO Does Contract require Purchasing Dept. to be Department Head Email included?* Automatic Renewal CM-ExtensionServices- NO Grant DeptHead@weld.gov IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 02/24/2026 Termination Notice Period Expiration Date* Committed Delivery Date 07/27/2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel KALI BENSON CHRIS D'OVIDIO MATTHEW CONROY DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/20/2026 03/23/2026 03/23/2026 Final Approval BOCC Approved Doc ID# AG 032526 BOCC Signed Date Originator BOCC Agenda Date MGABEL 03/25/2026 Hello