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Home My WebLink About20241956.tiffDate of signature: RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR RANCH RODEO BRONC RIDING EVENT AT 2024 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - J.D. FORD 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 a Ranch Rodeo Bronc Riding Event 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 J.D. Ford, 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 Service Agreement for a Ranch Rodeo Bronc Riding Event 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 J.D. Ford, 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 22nd day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COU COLORA ATTEST: Cp l `ede ;,1 Weld County Clerk to the Board • k)o (A)'ac.k- Deputy Clerk to the Board OVED A County l ey zg1z} KevinP,-Rpss, Chair Perry L. BPro-Tem �✓L�J _ ike Freeman t K. James Lori Saine cc:EXaNS/KG) c$/23/A-9 2024-1956 EX0031 C0611,6 0- IN03512 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2024 Ranch Rodeo for Fair DEPARTMENT: Fair/Extension PERSON REQUESTING: Mlkayla Gabel/Hannah Swanbom DATE: 7/12/24 Brief description of the problem/issue: The Weld County Fair Board has approved a Ranch Rodeo and the attached contract for the 2024 WC Fair on Sunday July 28th. 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: Component we would like to bring back the Fair to attract all types of fairgoes and participants. Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: Contact is attached, the contractor has agreed to to $3,250.00 made out to JD Ford at the completer of the event on July 28th. Recommendation: Weld County Fair Board reccommends to bring back the Ranch Rodeo to the 2024 Weld County Fair. This contract has already been approved by legal. Perry L. Buck, Pro -Tern Mike Freeman Scot K. James Kevin D. Ross, Chair Lori Saine Support Recommendation Schedule Place-�' CC Agenda Work Session Other/Comments: 2024-1956 7/21 Ex0031 Weld County Board of Commissioners and J.D. Ford Professional Service Agreement THIS AGREEMENT is made this ZZ of ,uixd , 2024, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O Stre6#, Greeley, Colorado 80631, hereinafter referred to as the "County," and J.D. Ford, whose address is 2624 WCR 17, Brighton, CO 80603, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall produce one bronc riding event for the 2024 Weld County Fair to be held on Saturday, July 28, 2024, at Island Grove Park Arena in Greeley, Colorado, at a time set by the County. SECTION I- SERVICES OF CONTRACTOR 1. Production of the bronc riding event. 2. Contractor warrants that all horses entering the grounds for the bronc riding event are healthy and not under quarantine. 3. Participants in the bronc riding event will be required to sign a Release, Hold Harmless, and Indemnification prior to their participation. See Attachment A and incorporated herein. 4. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, worker's compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement until Contractor has submitted to the County and received approval thereof, the certificate of insurance (COI) showing compliance with the following types and coverage of insurance: Comprehensive General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Said insurance shall include coverage for any and all personal injuries arising out of the Contractor's activities. Each Occurrence General Aggregate $1,000,000 $1,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each occurrence) Personal Injury Protection As Required by Colorado Statutes c. Workman's Compensation Insurance: As Required by Colorado Statutes 5. Contractor's comprehensive general liability and/or certificates of insurance (COI) shall be endorsed to include Weld County, its employees and officers, and the Weld County Fair Board as additional insured parties and shall include the following provisions: 1 o?oaS�-/954. The insurance company issuing the policy or policies shall have no right of recovery or subrogation against the County. The insurance company issuing the policy or policies shall have no recourse against the County for payment of any premiums due or for any assessments under any form of any policy. 6. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor. 7. Upon failure of Contractor to furnish, deliver and/or maintain such insurance as provided herein, this Agreement, at the election of the County, 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 the obligations of Contractor concerning indemnification. SECTION II - RESPONSIBILITES OF THE COUNTY For the bronc riding event, County shall provide the following: I. County will provide the Facility — the Arena and sound equipment to produce the show. 2. County will provide personnel and/or equipment to work the arena, as needed. 3. County will provide signage for spectators. 4. County will provide available pen spaces for the horses. 7. County will provide feed and water for the horses. 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 Saturday, July 28, 2024, at the completion of the event, conditioned upon the 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 Contractor will receive a check payment in the amount of $3,250.00 at the completion of the event. 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 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. 2 SECTION VI - INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Fair Board and the County, their officers, agents, and employees for, 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) as a result of Contractor's intentional or negligent acts or omissions. 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. 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 the Agreement. County has the right to terminate this Agreement, with or without cause on two (2) 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. 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 shall strictly comply with all applicable federal, State of Colorado, and County laws, rules and regulations in effect or hereafter established. 3 6. Non -Assignment. The rights and responsibilities of either party pursuant to this Agreement are not assignable without prior written permission from the other party. 7. 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. 8. 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, In Witness Whereof, the parties hereto execute this contract on the day first above written. CONTRACTOR J. . Ford (Jul 12, 2024 09:39 MDT) J.D. Ford Date: J U l 12, 2024 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Kevin D. Ross, Chair JUL 2 2 2024 4 ATTACHMENT A 2024 WELD COUNTY FAIR BRONC RIDING EVENT: RELEASE, HOLD HARMLESS, AND INDEMNIFICATION NAME OF PARTICIPANT IN WELD COUNTY FAIR BRONC RIDING EVENT: ADDRESS: STREET CITY/TOWN STATE ZIP PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld County Fair bronc riding event 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 bronc riding event, PARTICIPANT, or parent/guardian, hereby voluntarily releases and agrees to hold harmless, 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 bronc riding event, excepting only such injury or damage resulting from the willful and wanton acts of the Releasees. The PARTICIPANT, or parent/guardian, also agrees to release, 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 bronc riding event. 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 Release, 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 5 JD Ford Contract Final Audit Report 2024-07-12 Created: 2024-07-12 By: Mikayla Gabel (mgabel@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAA6CePQOoiC0hWDYym7bG9Q9o7m-Rrg208 "JD Ford Contract" History t Document created by Mikayla Gabel (mgabel@weld.gov) 2024-07-12 - 2:56:15 PM GMT- IP address: 204.133.39.9 D?, Document emailed to 7343jford@gmail.com for signature 2024-07-12 - 2:56:45 PM GMT t Email viewed by 7343jford@gmail.com 2024-07-12 - 3:27:15 PM GMT- IP address: 74.125.215.76 fj Signer 7343jford@gmail.com entered name at signing as J.D. Ford 2024-07-12 - 3:39:41 PM GMT- IP address: 172.59.229.206 (4 Document e -signed by J.D. Ford (7343jford@gmail.com) Signature Date: 2024-07-12 - 3:39:43 PM GMT - Time Source: server- IP address: 172.59.229.206 Agreement completed. 2024-07-12 - 3:39:43 PM GMT Powered by Adobe Acrobat Sign tr ct F Entity Information Entity Name* FORD, JERRY Entity ID* @00048879 Contract Name* WELD COUNTY FAIR RANCH RODEO CONTRACT Contract Status CTB REVIEW Contract Description * 2024 WELD COUNTY FAIR RANCH RODEO CONTRACT Contract Description 2 Contract Type* CONTRACT Amount* $3,250.00 Renewable" NO Automatic Renewal Grant IGA Q New Entity? Contract ID 8512 Contract Lead MGABEL Contract Lead Email mgabel@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date EXTENSION SERVICES Date* 07/18/2024 07/22/2024 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 D.GOV 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 Contact Info Review Date * 07/17/2024 Committed Delivery Date Renewal Date Expiration Date* 07/28/2024 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 07/1 7/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/22/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 07/18/2024 07/18/2024 Tyler Ref # AG 072224 Originator CARAGON Hello