HomeMy WebLinkAbout20241106.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR HORSE AND CARRIAGE
SERVICES AT 2024 WELD COUNTY FAIR, AND AUTHORIZE CHAIR TO SIGN -
MOUNTAIN SHADOW CARRIAGES, LLC, C/O DARIN HENRY
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
Horse and Carriage Services 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 Mountain Shadow
Carriages, LLC, do Darin Henry, commencing July 20, 2024, 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 Horse and Carriage
Services 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 Mountain Shadow Carriages, LLC,
do Darin Henry, 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 a !'.e PO
ATTEST: . f JC,,Ggo•
Weld County Clerk to the Board
BY: N) L4'. '
Deputy Clerk to the Board
APVED
County At orney
Date of signature: O5/13/2
n
Kevio_p. Ross, Chair
Perry L. Bjk, Pro-Tem
'rod), 3,_—__
Mike Freeman
Lori Saine
cc.Ex(4S/116)
as /I?/.2,I
2024-1106
EX0031
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2024 Mountain Shadow Carriages
DEPARTMENT: Extension/Fair
PERSON REQUESTING: Mikayla Gabel/Hannah Swanbom
DATE: 4/24/2024
Brief description of the problem/Issue:
Weld County Fair Board has approved the Mountain Shadow Carriages for the 2024 Fair.
What options exist for the Board?
Approve/Don't Approve Contract
Consequences:
We would have to look for new service providers or entertainment for the Fair,
Impacts:
Component of putting on the Weld County Fair. The public enjoys the carriage rides at fair, and adds a nice tour for the fair -goers.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
Contract is attached, $6,250.00 for the 2024 WCF.
Recommendation:
Weld County Fair Board reccommends to continue the Mountain Shadow Carriage rides at the 2024 Weld County Fair. This contract has already been
approved by legal.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
2024-1106
Weld County Board of Commissioners
Mountain Shadow Carriaces
Professional Services AQreement2024 Weld County Eaiut
THIS AGREEMENT is made this _eof 2024, by and between the Board of County
Commissioners of Weld County, Colorad o, wh a address is 1150 "O" Street, Greeley.
Colorado 80631, hereinafter referred to as the "County," and Mountain Shadows Carriages,
c/o Darin Henry, 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 horse and carriage services to operate continuously during 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 a minimum of 2 horse and carriage units capable of carrying at
least 8-12 people. Each horse and carriage unit shall consist of a minimum of 2 horses.
a. Contractor agrees to provide rides with the following number of horse and carriage
units and hours (dependent on weather and crowd of fairgoers, hours can be adjusted
upon discussion with the Fair Coordinator):
i. Thursday, July 25th 9:00 am — 7:00 pm (or until there are no people) with one
unit and/or 2 units as needed.
ii. Friday, July 26.9:00 am — 7:00 (or until there are no people) pm with one unit
(there may be a need for 2 units during a portion of the day to be determined
jointly by the driver and the fair coordinator).
iii. Saturday, July 27th 9:00 am — 7:00 pm (or until there are no people) with one
unit and 12:00 pm — 7:00 pm with 2 units as needed.
iv. Sunday, July 28' 10: 30 am — 4:00 pm with 2 units.
b. Contractor may provide rest breaks for the horses to ensure comfort and humane
treatment of the horses. Such breaks shall not exceed one (I) hour for every four (4)
hours of work the horses perform unless mutually agreed upon by Contractor and the
Fair Board Representatives. When the air temperature is over 85 degrees Fahrenheit,
the driver of the wagon has the discretion to give the horses water breaks as needed to
safeguard their health and comfort.
c. Contractor agrees to safely operate all rides continually through the duration of the Fair
and maintain such ride in a safe and proper working condition and provide humane care
and treatment of horses pursuant to all relevant laws. Contractor will provide one driver
and one handler for each unit in operation hauling passengers. Just prior to commencing
carriage rides, Contractor will provide the Fair with a health inspection paper not more
than three (3) days old for each t rse. Pending on the severity of VS, health paperwork
may be adjusted to ensure the . of the horses.
1
d. Contractor will provide old hitch wagon; grain wagon and miscellaneous antique
western items used for decoration at the Pavilion and used for the Fair Award
Ceremony.
e. Contractor will bring a carriage and conduct a booth to provide a place for families to
take pictures of their children in the carriage. The theme of the staged area must be
approved with the Fair Coordinator. The booth will include a "Princess Experience"
with costumes to go with it.
f. A tractor and wagon to provide rides to and from parking lots on the south side of
the Grandstand Arena and to the southwest corner of the Event Center dependent upon
the route and destinations most used by fairgoers the following dates and times:
i. Thursday, July 25.6:30 am — 2:00 pm and 5:00 pm — 7:00 pm
ii. Friday, July 26. 7:30 am —4:00 pm
iii. Saturday, July 27. 7:30 am — 4:00 pm
iv. Sunday, July 28`s 10:30 am — 1:30 pm as needed and at other times driver feels
there is need to move people.
The driver will use their discretion as to the safest route and where riders wish to attend
events. Driver will determine need to operate during all time periods based on use. All
parties need to be flexible as to times and locations. Should the hours required become
excessive owner and fair coordinator will negotiate as to reasonable charges in excess of
the agreed upon amounts contained herein.
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 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. Work shall not commence under
this Agreement until Contractor has submitted to County and received approval thereof.
2
SECTION III — TERM:
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. 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 agrees to provide stalls for the horses needed and two for tack. In the event that the
Contractor brings additional horses to the Fair for backup purposes, the County agrees to
provide additional stalls needed. There will be no charge to Mountain Shadows Carriages for
stalls.
3. County will provide adequate parking spaces for equipment and vehicles.
4. County agrees to provide outdoor display space and panels for horse (in corral) and carriage
(not hitched to a horse) for provider to set up an area for fairgoers to get up close to a draft
horse and have pictures taken near the horse and in the carriage.
5. County agrees to provide two camping spaces by the horse barn as needed by Contractor. SX1C,S
FIQ
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 thisagreement shall be
in writing signed by both parties. No additional services or work performed by Contractor shall be
3
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 I) $1,500.00 upon acceptance of this Agreement by the Weld
County Commissioners and 2) $4,750 payable at the end of the Fair on July 28, 2023, upon
satisfactory completion of obligations by Contractor. County shall not be obligated to pay any
further costs or expenses associated with Contractor beyond the $6,250.00 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)(lV), C.R.S., as amended, Contractor understands that it nd i _
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 Rny remedy recognized
by Colorado law. County has the right to terminate this Agreement, with or 't tout cause on thirty
(30) days written notice.
SECTION VIII - MUTUAL UNDERSTANDINGS:
4
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 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. 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.
5
CONTRACTOR
Darin Henry, Owne
Mountain Shadow ges
Date: y/i/ Lota 1
ATTEST: dittrA.) v• JCki;ei BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
• 1(1O ,o. 7 0 .
Deputy Clerk to the Board Kevin D. Ross, Chair
MAY 0 8 2024
6
Contract Form
Entity Information
Entity Name* Entity ID*
MOUNTAIN SHADOW CARRIAGES @00041481
LLC
Contract Name *
2024 MOUNTAIN SHADOW CARRIAGES WCF
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
8096
Contract Lead *
MGABEL
Contract Lead Email
mgabel@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
2024 WELD COUNTY FAIR ENTERTAINMENT FOR THE FAIR WITH HORSE DRAWN CARRIAGES.
Contract Description 2
Contract Type*
CONTRACT
Amount*
$6,250.00
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
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 05/02/2024
05/06/2024
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 *
04/29/2024
Committed Delivery Date
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
04/30/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/06/2024
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
04/30/2024 04/30/2024
Tyler Ref #
AG 050624
Originator
MGABEL
Hello