HomeMy WebLinkAbout20240986.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR PHOTOGRAPHY AT 2024
WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - FLYING M
PHOTOGRAPHY, 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 Service Agreement for
Photography 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 Flying M Photography, LLC, commencing upon full
execution of signatures, and ending July 29, 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 Photography 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 Flying M Photography, 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 24th day of April, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C
ATTEST: dittii,t)Weld County Clerk to the Board
BYCAtbaj. ldalwnd_
Deputy Clerk to the Board
Mikes Freeman
APVE
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Date of signature:
24
Kevin D. Ross, Chair
Perry L. Bk, Pro-Tem
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Lori Saine
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2024-0986
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
2024 Tent, Corvette Show & Photography Contracts for Fair
DEPARTMENT: Extension/Fair
PERSON REQUESTING: Mikayla Gabel/ Hannah Swanbom
DATE: 3/26/2024
Brief description of the problem/issue:
Weld County Fair Board has approved the Tent, Corvette Show & Photography contracts to book service providers for the 2024 Fair.
What options exist for the Board?
Approve/ Don't Approve Contracts
Consequences:
We would have to look for new service providers.
Impacts:
All components of putting on the Weld County Fair. The public enjoys the corvette show and the exhibitors enjoy the photos from the fair to
thank and share with the sponsors and buyers of their animals.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
Contract is attached, the total amount for 2 tents from Mountain View Tent Rental is $15,225. The Corvette Show has no cost to the Fair.
The Photographer has received a $6500 sponsorship for the cost of the photos to each exhibitor and tabor to the photographer and her
crew.
Recommendation:
Weld County Fair Board recommends to rent 2 tents from Mountain View Tent Rental for the Pig and Cattle Show Rings, to bring the Corvette Show
back for the public to enjoy, and Flying M Photography as our oftical fair photographer during the 2024 Fair. These contracts have 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 BOCC Agenda Work Session Other/Comments:
n?Atft,
2024-0986
LI/ZLI
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2024 WELD COUNTY FAIR
FivingM Photography, Megan Berg
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT is made this . of ivt l , 2024 by and between the Weld County Fair, 525 N.
15' Street, Greeley, CO 80631, hereinafter referred to as the "County", and Flying M Photography, 1303 Kilgore
St, La Junta, CO 81050 hereinafter referred to as the "Contractor".
WITNESSETH, Weld County Fair and Photographer, for the mutual promises and consideration
hereinafter set forth, agree that the Photographer shall take the official photographs of the 2024 Weld County Fair
pursuant to the following terms and conditions:
SECTION I - PHOTOGRAPHER RESPONSIBILITIES
1. Contractor will work with Fair Coordinator on show schedule and what needs to be photographed
daily during the 2024 Weld County Fair.
2. Contractor shall attain a $6,500 sponsorship. This will cover the cost of all the pictures for the Fair
and Exhibitors, and other needs to picture the 2024 Weld County Fair.
3. The logo of the official sponsor will be featured on all the pictures, unless paid for the logo to be
removed.
4. Attendance at all 4-H and FFA Livestock and horse events. Coverage of indoor projects and other
specialty events available upon request.
5. Contractor will provide 5-7 Staff members (5-6 photographers and 1 office staff) for duration of
Weld County Fair July 20- July 29, 2024.
6. Provide access to all images for Weld County Extension and Fair personnel for marketing purposes.
7. Provide banners with official sponsors logo on it for all Livestock Show Rings to be displayed
during the fair.
SECTION II - COUNTY RESPONSIBILITIES
I. The County will put the Contractor's provided 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 Flying
M Photography staff members through duration of the fair.
3. The County will provide Lunches through duration of the fair for 5-7 staff members of Flying M
Photography.
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 29, 2024, 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 as a result 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
any and 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 6024-10-101 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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Kevin D. Ross, Chair
APR 2 4 2024
Date
ATTEST:
C1.� �°• aC.. "
Weld C Clerk to the B
BY:
Deputy Clerk
I
CONTRACTOR
Flying M Photography
Megan
Flying M Photography
Ma r -C 1 q , ZD ZLI
Date
Contract Form
Entity Information
Entity Name"' Entity ID*
FLYING M PHOTOGRAPHY LLC @00046348
Contract Name
2024 WCF PHOTOGRAPHER
Contract Status
CTB REVIEW
Contract Description"
2024 WCF PHOTOGRAPHER CONTRACT
Contract Description 2
Contract Type*
CONTRACT
Amount"
$6,500.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Q New Entity?
Contract ID
8013
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* 04/11/2024
04/15/2024
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
07/20/2024
Review Date*
04/04/2024
Termination Notice Period Committed Delivery Date
Contact Information
Contact Info
Renewal Date
Expiration Date*
07/29/2024
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
04/11/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/24/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
04/12/2024 04/12/2024
Tyler Ref #
AG 042424
Originator
MGABEL
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