HomeMy WebLinkAbout20241104.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PIPE AND DRAPE AT
2024 WELD COUNTY FAIR, AND AUTHORIZE CHAIR TO SIGN - FLEXX
PRODUCTIONS, LLC
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
Pipe and Drape 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 / Weld County Fair Board, and Flexx Productions, LLC,
commencing July 18, 2024, and ending July 30, 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 Pipe and Drape 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
/ Weld County Fair Board, and Flexx Productions, LLC, 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 6th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C
ATTEST: ,dj.
Weld County Clerk to the Board
BY:
APP
County At orney
Date of signature: 06113 /2
Ross Chair
Perry L. B k, Pro-Tem
Mike Freeman
cbtt K. James
Lori Saine
cc:EXCHS/KG)
05 /a /24
2024-1104
EX0031
Cun ci-IP a o"13
PASS -AROUND TITLE:
DEPARTMENT:
PERSON REQUESTING:
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
2024 Pipe & Drape Rental Contract for Fair
Extension/Fair
Mikayla GabetlHannah Swanbom
DATE: April 16, 2024
Brief description of the problemlissue:
Weld County Fair Board has approved the pipe & drape rental contract for the 2024 VVC Fair
What options exist for the Board?
Approve/Deny the contract
Consequences:
The Fair Board and staff would have [o begin the process anew for seeking a pipe & drape service provider
Impacts:
Not approving this contract would be impactfui to the Fair as Fair does not own piped drape for staging Fair exhibits and components and
would be costly to purchase.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
Contract attached. The total amount for pipe & drape rental and delivery/pick up is 311.384.83.
Recommendation:
The Weld Courty Fair Board recommends approval of the contract to secure pipe 8 drape from Flexx Productions for the 2024 WC Fair. This contract
has been reviewed and approved by the Weld County Attorney's Office.
Peny L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin 0. Ross. Chair
Lori Saine
Su000rt Recommendation Schedule
Place on BOOC Agenda Work Session Other/Comments:
ice&
Ic
5/(0
2024-1104
Ex0031
Weld County Board of Commissioners
Flexx Productions
Professional Services Agreement 2024 Weld County Fair
THIS AGREEMENT is made this ktofAA2024, by and between the Board of County
Commissioners of Weld County, Colorado, whose address is 1150 "O" Street, Greeley, Colorado
80631, hereinafter referred to as the "County," and Flexx Productions, hereinafter referred to as
the "Contractor."
WITNESSETH: County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree as follows:
Contractor shall provide pipe and drape for the 2024 Weld County Fair ("Fair") July 20-
28, 2024, at Island Grove Park in Greeley, Colorado.
SECTION I - RESPONSIBILTIES OF CONTRACTOR:
1. Contractor agrees to provide pipe and drape on Thursday, July 18th between 8:00 a.m. and 5:00
p.m. as follows:
a. Open Class Exhibit — Contractor drops and sets per maps and diagrams to be provided
by County.
b. Quilt Hall Display - Contractor drops and sets per maps and diagrams to be provided
by County.
c. Open Class Exhibit/Hall — Contractor drops and County sets.
d. Vendor Hall - Contractor drops and sets per maps and diagrams to be provided by
County.
e. 4-H Building — Contractor drops and County sets.
f. Bunkhouse - Contractor drops and County sets.
g. Contractor will leave extra parts on site.
2. Contractor agrees to pick up pipe and drape and extra parts on Tuesday, July 30th between 8:00
a.m. and 5:00 p.m. and Wednesday, July 31St between 8:00 a.m. and12:00 noon.
3. Insurance Requirements
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
Contractor beginning performance. The commercial general liability insurance policy
shall, at a minimum, include coverage for property damage and bodily injury covering
injuries to Contractor, Contractor's employees, participants, 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 all losses or injuries resulting from
Contractor's activities pursuant to this Agreement. Work shall not commence under this
Agreement until Contractor has submitted to County and received approval thereof.
b. All insurers of Contractor must be licensed or approved to do business in the State of
Colorado.
c. All deductibles contained in any insurance policy referred to in this Agreement shall be
assumed solely by, and at the sole risk, of Contractor.
d. 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 - RESPONSIBILITES OF COUNTY:
1. County agrees to provide and make available at no charge to Contractor, adequate space at
Island Grove Park to enable Contractor to provide the services specified in this Agreement.
2. County will provide adequate parking spaces for equipment and vehicles.
SECTION III — TERM:
The term of this Agreement shall commence upon the date of execution by both the
Contractor and County and end on July 30, 2024, conditioned upon the successful completion of
the responsibilities set forth in this Agreement.
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:
County shall pay Contractor 1) $11,384.83 upon acceptance of this Agreement by the
County with 2) $5,692.42 payable as a deposit upon full execution of the Agreement and
the balance paid in the amount of $5,692.41at the end of the Fair on July 31, 2024,
2
upon satisfactory completion of obligations by Contractor. County shall not be obligated to pay
any further costs or expenses associated with Contractor beyond the $11,384.83 total in this
section.
SECTION V — INDEPENDENT CONTRACTOR:
Contractor acknowledges that it is an independent contractor and that 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 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. 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) during the term of this Agreement resulting from
Contractor's 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 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 issue is not cured within the
cure period, the aggrieved party may terminate the 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:
I . 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.
3
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.
3. Severabili.. 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. 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 appiicable to discrimination and unfair employment practices.
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.
8. Governmental 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.
9. Interruptions. 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.
4
CONTRACTOI,
Morgan Johnson, Representative
Flexx Productions
Date: 04/01/2024
ATTEST: ditiL � . BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Boar WELD COUNTY, COLORADO
rA otAco--(k
Deputy Clerk to the Board Kevin D. Ross, Chair
MAY 0 6 2024
5
ntrctF
Entity Information
Entity Name *
FLEXX PRODUCTIONS
Entity ID*
@00038277
Contract Name*
2024 PIPE & DRAPE FOR WELD COUNTY FAIR
Contract Status
CTB REVIEW
Contract ID
8078
Contract Lead *
CARAGON
Contract Lead Email
caragon@weld.gov
Contract Description *
CONTRACT FOR 2024 PIPE AND DRAPE RENTAL AND SET UP FOR 2024 FAIR.
Contract Description 2
Contract Type*
CONTRACT
Amount*
$11,384.83
Renewable*
NO
Automatic Renewal
Grant
IGA
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
EXTENSION SERVICES Date* 04/27/2024
05/01/2024
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
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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*
04/24/2024
Committed Delivery Date
Renewal Date
Expiration Date*
07/29/2024
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 CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
05/01/2024 05/01/2024 05/01/2024
Final Approval
BOCC Approved Tyler Ref #
AG 050624
BOCC Signed Date Originator
CARAGON
BOCC Agenda Date
05/06/2024
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