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Home My WebLink About20241812.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR TEAM AND BREAKAWAY ROPING EVENTS AT 2024 WELD COUNTY FAIR, AND AUTHORIZE CHAIR PRO-TEM TO SIGN - 5FLAT PRODUCTION 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 Services Agreement for Team and Breakaway Roping Events at the 2024 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 5Flat Production, commencing upon full execution of signatures, and ending July 28, 2024, 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 Services Agreement for Team and Breakaway Roping Events at 2024 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 5Flat Production, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 3rd day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C� t j ,,/:4 Weld CountyClerk to the Board BY: Ciecrce-ni . tJd t mac Deputy Clerk to the Board APP VEDA County A orney 1 Date of signature: EXCUSED Kevin D. Ross, Chair Perry L. Bd k, Pro-Tem ott . James cc : Ex(Hs/MG) os/►6/v4 2024-1812 EX0031 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DEPARTMENT: PERSON REQUESTING: 2024 Weld County Fair Team Roping & Breakaway Contract Extension/Fair Mikayla Gabel/Hannah Swanbom DATE: 6/25/2024 Brief description of the problem/Issue: The Weld County Fair Board has approved 5FIat Productions to produce a team roping and breakaway roping during the 2024 Weld County Fair. What options exist for the Board? Approve/Deny the contract. Consequences: The Fair Board and staff would have to look for new service providers/entertainment. Impacts: New component we would like to bring back and add to the Fair to attract all fairgoers and participants. Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: Contract is attached, the total cost will be entry fees at 2/3 back to producers and 1/3 to the fair. Recommendation: Weld County Fair Board recommends to add a new component of a Team Roping and Breakaway Roping by 5FIat Productions to the 2024 Weld County Fair. The contract has already been approved by legal. Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Seine Support Recommendation Schedule Place on BOCC Acenda Work Session Other/Comments: ;$1‘' 2024-1812 1/3 2024 WELD COUNTY FAIR TEAM ROPING/BREAICAWAY ROPING EVENTS PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this 3Vd day of J , 2024, by and between the Board of County Commissioners of Weld County, Colorado, 11 O Street, Greeley, Colorado 80631, hereinafter referred to as "County," and 5Flat Production (Gary Rodarmel), whose address is 34018 County Road 55, Gill, CO 80624, hereinafter referred to as "Contractor." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall provide cattle, sign up contestants, and provide secretaries for roping Events at the Weld County Fair, with Team Roping on July 27, 2024, and Breakaway Roping on July 28, 2024, (the "Events") at the Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms and conditions: SECTION I: CONTRACTOR RESPONSIBILITIES. 1. Contractor will provide 30-50 head of cattle for the Team and Breakaway Roping. 2. Contractor will sign up contestants for both Events, as well as secretaries for the roping. 3. Contractor agrees to safely conduct the Event to provide maximum protection for the participants, Contractor personnel, Weld County Fair staff, and the public. 4. Contractor shall provide Announcer(s) for both events at Contractor's expense. 5. Contractor shall provide EMS services as needed or required at Contractor's expense. 6. At the conclusion of the Events, Contractor shall be responsible for cleanup and leaving the arena and any areas utilized by Contractor or the participants in substantially the same condition as prior to set-up for the Event. All manure and feedstuffs will be placed in the manure dump located at the south end of the Horse Barn. 7. Contractor agrees that event participants/contestants shall be required to sign a Release, Hold Harmless, and Indemnification agreement prior to participation in the activities/events. This agreement is attached and incorporated herein as Attachment A. 8. Contractor shall maintain insurance and strictly adhere to the following insurance related requirements as follows: a. Commercial General Liability Insurance. Contractor shall furnish to County a certificate of insurance for commercial general liability upon notification of award and prior to the Event. The commercial general liability insurance policy shall, at a Page 1 of 7 A.211 /1/2. minimum, include coverage for property damage and bodily injury covering injuries to Contractor, Contractor's employees, participants, audience members, volunteers, or any other person in attendance at the Weld County Fair arising out of Contractor's activities. The comprehensive general liability insurance shall be in the following minimum amounts: Each Occurrence General Aggregate $1,000,000 $1,000,000 Contractor's comprehensive general liability insurance policy or certificate of insurance shall be issued to include Weld County as an additional insured party and policy or certificate of insurance 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. Contractor agrees that Contractor's comprehensive general liability insurance shall be the primary coverage for any and all losses or injuries resulting from Contractor's activities pursuant to this Agreement. Performance shall not commence under this Agreement until Contractor has submitted to the County and received approval thereof. b. Contractor agrees to maintain automobile liability insurance as required by Colorado State statutes for all automobiles associated with performance of the Contractor's obligations under this Agreement. Where applicable, Contractor further agrees to maintain Workers' Compensation Insurance as required by Colorado State statutes. c. All insurers of Contractor must be licensed or approved to do business in the State of Colorado. d. Any and all deductibles contained in any insurance policy referred to in this Agreement shall be assumed solely by, and at the sole risk, of Contractor. e. 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 County's election, 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 any of the Contractor's indemnification obligations. SECTION II: COUNTY RESPONSIBILITES. County shall provide the following for the Events: 1. A facility to conduct the Events at no charge and equipment for preparing the arena for the Page 2 of 7 Events. Facility shall be available 6:00 am to 6:00 pm the day of each Event. la. Equipment and personnel to operate said equipment during Events for arena maintenance as needed. lb. Properly worked arena ground to protect safety of participants and animals. 1c. Arena set up prior to Events. 2. County will provide feed for the 30-50 head of cattle for both Events. 3. County will provide access to the JBS Stage at the Greeley Stampede Arena for use of the arena PA System including cordless microphones, and access to electric outlets to be used for air compressors. 4. County will provide 3 pens to hold the 30-50 head of cattle for the Events. 5. County will provide an official 5Flat Production Ad in the 2024 Weld County Fair Exhibitor Book. 6. County will provide personnel to clean horse stalls and provide access to water. 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, 2024, after the completion of both Events and any associated clean up or post -Event activities. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. SECTION IV: PAYMENT AND FEE SCHEDULE. Both the Team Roping Event and the Breakaway Roping Event will be provided as in -kind exchange for use of Fair facilities and assistance as detailed in Sections I and II of this agreement. 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 County. Contractor further understands that Page 3 of 7 it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to 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. SECTION VI: INDEMNIFICATION. Contractor agrees to 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 person(s) arising during the term of this Agreement and resulting from the Event or failure 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 Event that is the subject 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 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. In the event such issue is not cured within the cure period, the aggrieved party may terminate this Agreement and pursue any remedy recognized by Colorado law. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. SECTION VIII: MUTUAL UNDERSTANDINGS. 1. Integration of Understanding. This Agreement contains the entire understanding of the parties hereto and neither it, nor the rights and obligations hereunder, may be changed, 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 to this Agreement 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 County and Contractor, shall be for the sole and exclusive benefit of County and Contractor. Page 4 of 7 • 'everabiilty, 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. guthorization,, 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. Compliance with Law. Contractor shall strictly comply with all applicable federal, State of Colorado, and County laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 6. Tholc6Qfland 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. Ngn-Assignment. The rights and responsibilities of either party pursuant to this Agreement are not assignable without prior written permission from the other party. 8. 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 §524-10-101 et seq., as applicable now or hereafter amended. 9. Ipterri gtion5,. 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. In Witness Whereof, the parties hereto execute this Agreement on the day first above written. CONTRACTOR Name: GaFy Rodarmel, 5FIat Production, 34018 County Road 55, Gill, CO 80624 Date: 24� Page 5 of 7 C`( ;vi BOARD OF COUNTY COMMISSIONERS ATTEST: '' G�► WELD COUNTY, COLORADO rk to the Board BY: Page 6 of 7 k, Chair Pro -Tern JUL 0 3 2024 020 / f2, ATTACHMENT A 2023 WELD COUNTY FAIR, 5 FLAT PRODUCTION -RELEASE, HOLD HARMLESS, AND INDEMNIFICATION NAME OF PARTICIPANT IN WELD COUNTY FAIR TEAM ROPING/BREAKAWAY ROPING EVENTS: ADDRESS: STREET CITY/TOWN STATE ZIP PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld County Fair roping events 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 the Weld County Fair roping events, 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, and agents; 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 roping events, 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 negligent or intentional acts of the PARTICIPANT occurring in the course of the Weld County Fair roping events. 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, waive, 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 ,2024. Signature of Participant or of Parent or Guardian if Minor Printed Name Page 7 of 7 Contract Form Entity Information Entity Name * 5FLAT PRODUCTIONS Entity ID* @00048815 Contract Name* 2024 WELD COUNTY FAIR TEAM ROPING & BREAKAWAY ROPING Contract Status CTB REVIEW ❑ New Entity? Contract ID 8457 Contract Lead * MGABEL Contract Lead Email mgabel@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * 2024 WELD COUNTY FAIR BOARD RECOMMENDS TO ADD A TEAM ROPING AND BREAKAWAY ROPING DURING THE WEEK OF FAIR. Contract Description 2 Contract Type* CONTRACT Amount* $0.00 Renewable* NO Automatic Renewal Grant IGA Department EXTENSION SERVICES Department Email CM- ExtensionServices@weldg ov. com Department Head Email CM-ExtensionServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date 07/03/2024 Due Date 06/29/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Termination Notice Period Contact Information Review Date * 06/27/2024 Committed Delivery Date Renewal Date Expiration Date* 07/28/2024 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 HANNAH SWANBOM CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/27/2024 06/27/2024 06/27/2024 Final Approval BOCC Approved Tyler Ref # AG 070324 BOCC Signed Date Originator MGABEL BOCC Agenda Date 07/03/2024 Hello