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HomeMy WebLinkAbout20251133.tiffResolution Approve Professional Service Agreement for Online Junior Livestock Sale and Live Webcast Streaming at 2025 Weld County Fair, and Authorize Chair to Sign — Ringside Live 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 Online Junior Livestock Sale and Live Webcast Streaming at the 2025 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 Ringside Live, commencing July 23, 2025, and ending July 28, 2025, 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 Online Junior Livestock Sale and Live Webcast Streaming at the 2025 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 Ringside Live, 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 28th day of April, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc : EX (LH/KO .5/22/25 2025-1133 EX0031 C urrl-va d-11)49 3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2025 WCF Livestock Livestreaming Contract DEPARTMENT: Extension PERSON REQUESTING: Mikayla Gabel DATE: 0410112025 Brief description of the problem/issue: Weld County Fair Boad has approved the Livestock Livestreaming contract to book Ringside Live for the 2025 Fair. What options exist for the Board? Approve/Don't Approve Contract Consequences: We would have to look fora new service provider for Livestock Streaming Impacts: Component of putting on the Weld County Fair. The biggest and most competitive county in the state for showing livestock, and it is a great addition for those that cannot attend the show to watch. Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: Contract is attached. A $4250 sponsorship has been secured for the cost of the live streaming and to the videographer and her crew Recommendation: Weld County Fair Board recommends Ringside Live as our official Livestock Live streamer for the 4 Main Livestock shows goats, sheep, cattle and pigs and the Weld County Jr. Livestock Sale during the 2025 Fair. This contract has already been approved by legal. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross (-1"/Z�S Support Recommendation Schedule Place on BOCC Aaenda Work Session Other/Comments: 2025-1133 E)(o031 Weld County Board of Commissioners and Ringside Live Services Agreement 2025 Weld County Fair THIS AGREEMENT is made this 2.704-1 day of April, 2025, 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 Ringside Live, whose address is 560 Cimarron Dr. Ault, CO 80610, 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 an Online Junior Livestock Sale on July 28, 2025, and a live Webcast on July 23-26, 2025, for the Weld County Fair at the Island Grove Park in Greeley, Colorado. Section I - Responsibilities of Contractor for "Junior Livestock Sale": Online Live Sale Details, July 28, 2025: 1. Contractor agrees to provide an onsite technician to accept online bids. 2. Contractor will provide Marketing materials to be posted to Ringside Live social media. 3. Contractor will provide customized sale page with sale information and contacts. 4. Contractor will provide the ability for Weld County Fair staff to upload pictures, edit lot information, and arrange sale order as early as desired. 5. Contractor will provide an online bidding summary at the conclusion of the sale that includes sold lots as well as bids received online. 6. Contractor will provide customized online bidder registration questions such as desired processor or buy back, etc. 7. All money will be collected by the County and not by Contractor: a_ Online bidders will be verified by adding their credit card information and identification details. b_ Ringside Live will have the ability to customize online invoices to include the Weld County Fair mailing address for those who purchased online. c. Should the County request Contractor to collect money from lots purchased online, Contractor will charge an additional transaction fee that will be assessed to the buyer at 5% on each transaction. [For an additional cost, Contractor has the ability to create an online add-on option for each exhibitor (fixed amount with unlimited purchase quantities). For example: If the fixed amount is set at $100 and I wanted to donate $300 to Exhibitor A, I would simply find their name, click bid and choose x3 for a $300 total. Standard add-on values can be custamized/decaded by the County (Weld County Fair)] 1 Section II — Responsibilities of County for "Junior Livestock Sale": 1. To ensure a successful sale, the County will provide the Contractor with the following: a. A minimum internet speed of 25 mbps upload speed after testing on speedtest.net. b. A password locked Wi-fi connection, that very minimal people have access to, at the same speed above is acceptable to Contractor. However, it can be more inconsistent and lead to dropped connections throughout the shows. c. County will provide either an audio cable coming from the PA System to Contractor's webcast station or have Contractor's webcast station within 30 feet of the PA System to allow Contractor to plug into the output to get the announcer and judges' mics on the stream. 2. The County (Fair Board) shall pay a fee of $2,500 (inclusive of expensed to Contractor for taking online bids only for the Weld County Fair Jr. Livestock Sale on the date of July 28, 2025. 3. County and Contractor may mutually agree to an additional fee to be added if an online add-on sale or any other services is decided upon through written modification/amendment to this agreement. Section III — Responsibilities of Contractor for "Weld County Fair Webcast": 1. Contractor will provide four (4) webcast days for five (5) total rings. 2. Contractor will provide class, division, and class winners on screen. 3. Contractor will provide video roll -ins, announcements, and banner ads on screen. 4. Contractor will provide Social Media posts. 5. Contractor will provide all archives to be free to watch after the show. 6. Contractor will provide available set up of live commentary (commentors provided by the event). 7. Contractor will provide one camera angle per ring. Section IV. — Responsibilities of County for "Weld County Fair Webcast": 1. County will provide power, hardwire internet, and audio connections at all webcast stations (imperative). a. County will provide minimum internet speed of 25 mbps upload speed after testing on speedtest.net. However, the higher the number, the better the quality and consistency will be for the stream. b. County will provide a password locked Wi-fi connection, that very minimal people have access to, at the same speed above is acceptable. However, it can be more inconsistent and lead to dropped connections throughout the shows. c. County will provide either an audio cable coming from the PA System to Contractor's webcast station or have Contractor's webcast station within 30 feet of the PA System to allow Contractor to plug into the output to get the announcer and judges mics on the stream. 2 d. County will provide Contractor with entrance and parking passes for staff for the run of the show. e. County will provide a class list for each individual show. 2. The County (Weld County Fair) shall pay a fee of $4,250 (inclusive of expenses) to Contractor for webcast services for the dates of July 23-26, 2025. Advertising/Sponsorships: A. Maior Sponsors Should the County secure a major sponsor(s) to cover the total webcast fees for the whole event, Contractor has the ability to put 3-4 major sponsor logos on the screen during all shows that will not rotate with any others. (Example: During the NWSS, Purina, Sullivens, and CCl.live all had a static logo on the left side of the screen that di not rotate with any others.) B. County (Weld County Fair) Advertisement Sales Any advertising dollars that are sold by the County (Weld County Fair) will be kept by the County. Banner ads will be in a continuous rotation throughout the show at the bottom of the screen and any pre -made videos sent to Contractor can be played before, during, or at the end of each ring per day, per County's request. (The dollar amount per webcast ad can be determined by County.) C. RUngside Live (Contractor) Advertisement Sales Contractor reserves the right to run advertisements sold by Contractor in the form of rotating banner ads. (This typically includes individual breeders or feed/ supply companies that advertise with Contractor throughout the year.) Ring Breakdown: Wednesday July 23 RING 1: 10:00 arm Goats — breeding, market, showmanship Thursday July 24 RING 1: 9:00 AM Sheep — breeding, market, showmanship RING 2: 4:00 PM Cattle — Showmanship Friday July 25 RING 1: 9:00 AM Cattle — market followed by breeding Saturday July 26 RING 1: 8:00 AM Swine — showmanship, breeding, market 3 County please initial to confirm the above webcast schedule or type any changes below 8. Insurance Requirements for Contractor 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 (Fair Board) 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. b. Contractor agrees to maintain automobile liability insurance as required by Colorado State statutes for all automobiles associated (used) with performance of the Contractor's obligations under this Agreement. 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 4 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. f. County (Weld County Fair) will be added as an additional insured to Contractor's insurance policy. Section V — Term: The term of this Agreement shall commence upon the date of execution by both the Contractor and County and will end on July 28, 2025, after completion of both the Webcast and Livestock Sale, 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 VI — 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 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 Events, acts, or failure to perform pursuant to the terms of this Agreement. County agrees to indemnify Contractor to the extent permitted under Colorado law for any claims arising from negligent acts on the part of employees, volunteers, or agents of the County. Notwithstanding the expiration of this Agreement upon the expiration of the term specified in Section V of this Agreement, or termination of this Agreement pursuant to 5 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: 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. Severabilitv. 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 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. Board of County Commissioners Contr tor: Weld County, Colorado Ri • e Live �( Date: Li -1- 2-5 Perry IgBuck, Chair APR 2 8 2025 Attest: �„`cswli G .d 4;€1 Clerk to the Board Bv: LoZs-1133. Contract Form Entity Information Entity Name* RINGSIDE LIVE Contract Name* 2025 WCF LIVESTREAMING Contract Status CTB REVIEW Entity ID* @00049739 ❑ New Entity? Contract ID 9375 Contract Lead* MGABEL Contract Lead Email mgabel@weld.gov Contract Description* 2025 WELD COUNTY FAIR LIVESTREAMING LIVESTOCK SHOWS Contract Description 2 Contract Type* AGREEMENT Amount* $4,250.00 Renewable* NO Automatic Renewal Grant IGA Department EXTENSION SERVICES Department Email CM- ExtensionServices@weld.g ov Department Head Email CM-ExtensionServices- DeptHead@weld.gov 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 Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 04/24/2025 04/28/2025 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 OnBas.e Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date" 04/18/2025 Committed Delivery Date Renewal Date Expiration Date* 07/28/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head ESTHER GESICK DH Approved Date 04/21/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/28/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 04/23/2025 04/23/2025 Tyler Ref # AG 042825 Originator MGABEL Hello