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Home My WebLink About20241498.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR WOMAN'S PROFESSIONAL RODEO ASSOCIATION (WPRA) BARREL RACE AT 2024 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - MELANIE MARTIN, DBA LUCKY YOU 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 Woman's Professional Rodeo Association (WPRA) Barrel Race 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 Melanie Martin, dba Lucky You, commencing July 25, 2024, and ending July 26, 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 Woman's Professional Rodeo Association (WPRA) Barrel Race 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 Melanie Martin, dba Lucky You, 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 10th day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNT ATTEST: m J� t, Weld County Clerk to the Board c� BY: 11-nW-uk- Deputy Clerk to the Board APP' : V"" D AS County A o ey Date of signature: 1zIZLl' it Kevin oss, Chair Perry Freeman on Saine Pro-Tem cc:EX(HS II -4 a7/02/2y 2024-1498 EX0031 c6rATvaevw-dicia. PASS -AROUND TITLE: DEPARTMENT: PERSON REQUESTING: BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW 2024 Barrel Race for Fair Fair/Extension Mikayla Gabel/Hannah Swanbom DATE: 5/21/24 Brief description of the problem/issue: The Weld County Fier Board has approved a Barrel Race and the attached contract for the 2024 WC Falr on Friday July 28th. What options exist for the Board? Approve/Deny the contracts. Consequences: The Fair Board and staff would have to look for new service providers/entertainment. Impacts: New component we would like to add to the Fair to attract all types of fairgoers and participants. Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: Contract is attached, the contractor has agreed to split profits as follows: 2/3 to Lucky You (Contractor for Race) and 1/3 to Weld County Fair. Recommendation: Weld County Fair Board reccommends to add a new component of a Barrel Race by Lucky You to the 2024 Weld County Fair. This contract has already been approved by legal. Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Support Recommendation Schedule Place on OCC Attends Work Session Other/Comments: C : Qn c6ot5rc �xT cx' / 1 © f 2024-1498 Ex c) O 3 I Weld County Board of Commissioners And Melanie Martin, dba as Lucky You Professional Services Agreement 21)24 Weld County Fair of 30 r. Tills AGREEMENT is made this 1Oo oaai.!'2024, 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 Melanie Martin, dba as Lucky You, hereinafter referred to as the "Contractor." WITNESSETII: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall produce a WRPA sanctioned barrel race at the 2024 Weld County Fair ("Fair") July 26, 2024, at Stampede Arena at Island Grove Park in Greeley, Colorado. SECTION I — RESPONSIBILTIES OF CONTRACTOR: 1. Contractor agrees to produce and a WRPA sanctioned barrel race. a. Contractor agrees to provide and handle all the office, and manage the set up with timers, pattern, tear down, arena crew and event production. b. i. Thursday, July 25. 2024, Contractor will have access to arena for dirt work preparation. ii. Friday, July 26, 2024, WRPA Barrel race at the Weld County Fair. c. Contractor agrees to split profits: 2/3 to Lucky You and 1/3 to the Weld County Fair. d. Contractor will allow County to audit accounts/monies for correct accounting. 2. 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 he issued to include Weld County, its elected officials, employees, and volunteers 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 he the primary coverage for any and 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. 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 Workman's 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. The County requires Contractor to provide proof of the insurance coverage or policies required herein prior to contract fulfillment. A Certificate of Insurance (COI) may be presented as proof of insurance. 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. 3. County agrees to provide barrels, barrel setters, and gate help. 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 28, 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 he in writing signed by both parties. No additional services or work performed by Contractor shall he 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: Contractor agrees to split profits from this event as follows: with 2/3 to Lucky You and 1/3 to the Weld County Fair 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 front 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 pertbrmance 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: 3 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. 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. Compliance with Law. Contractor shalt 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. 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, tires, strikes, war, flood, earthquakes or Governmental actions. 4 In Witness Whereof, the parties hereto execute this Agreetnent on the day first above written. CONTRACTOR Melanie Martin, dba Lucky You Date: 5 0 ATTEST: .,416414A)W.Cei&jeok Weld County Clerk to the Board B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 02��7 -/ 4t9 Contract Form Entity Information Entity Name* MARTIN, MELANIE Contract Name" 2024 WCF BARREL RACE Contract Status CTB REVIEW Entity ID* @00048666 O New Entity? Contract ID 8292 Contract Lead * MGABEL Contract Lead Email mgabel@weld.gov Contract Description 2024 WELD COUNTY FAIR BARREL RACE BY MELANIE MARTIN DBA LUCKY YOU Contract Description 2 Contract Type AGREEMENT 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 Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 06/06/2024 06/10/2024 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 Contact Info Review Date 05/31/2024 Committed Delivery Date Renewal Date Expiration Date* 07/26/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head HANNAH SWANBOM DH Approved Date 06/03/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/10/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 06/03/2024 06/04/2024 Tyler Ref # AG 061024 Originator MGABEL Hello