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HomeMy WebLinkAbout20250912.tiffResolution Approve Professional Services Agreement for Vette Fest at 2025 Weld County Fair and Authorize Chair to Sign — Corvettes West Car Club Chapter 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 Vette Fest 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 / Fair Board, and Corvettes West Car Club Chapter, commencing upon full execution of signatures, 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 Services Agreement for Vette Fest 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 / Fair Board, and Corvettes West Car Club Chapter, 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 2nd 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 /KG) 04/i 5/25 2025-0912 EX0031 C�,k-ifackil*cizcoz BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2025 WCF Corvette's west Show DEPARTMENT: Extension/Fair PERSON REQUESTING: Mikayla Gabel DATE: 3.1120225 Brief description of the problem/issue: Weld County Fair Board has approved the Corvette Show with Voile's West contract for the 2025 Fair. What options exist for the Board? Approve/Don't Approve Contract Consequences: We would have to look for a new service provider. Impacts: Component of putting on the Weld County Fair. The public enjoy the corvette show. Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: Contract is attached. The Corvette Show has no cost to the Fair. Recommendation: Weld County Fair Board recommends to the Corvette Show hosted be Vette's West beck for the public to enjoy. The contract has already been approved by legal. Support Recommendation Schedule Place on BOCC Agenda Work Session Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Other/Comments: 2025-0912 (4/2 Cx0031 2025 WELD COUNTY FAIR CORVETTES WEST CAR CLUB CHAPTER PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this Ztf Vl 1 , 2025, by and between the Board of County Commissioners of Weld County, Colorado, 11S0 O Street, Greeley, Colorado 80631, hereinafter referred to as the "County," and Corvettes West Car Club Chapter, hereinafter referred to as the "Contractor." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall organize, produce, and conduct one Corvette automobile show (hereinafter "Vette Fest") for the 2025 Weld County Fair to be held on July 27, 2025, starting at 8:00 a.m., at Island Grove Park in Greeley, Colorado, pursuant to the following terns and conditions: SECTION I -CONTRACTOR RESPONSIBILITIES 1. Contractor agrees to safely conduct Vette Fest to provide maximum protection for the participants and the public. 2. Contractor shall strictly comply with all applicable federal, State of Colorado, and County and municipal laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 3. Contractor shall ensure that alcohol is not consumed on the Weld County Fairgrounds by any Vette Fest attendee and shall promptly report any incidents of alcohol consumption to Fair staff. 4. Contractor shall ensure that noise levels at Vette Fest shall not disturb Fair attendees or interfere with other events occurring at the Fair and shall promptly comply with requests from Fair staff to reduce noise levels. 5. Contractor shall not use, or allow attendees to use, all -terrain vehicles (ATV's), golf carts, or similar vehicles during Vette Fest unless such vehicles have been previously approved by Fair staff and are used in conformance with any limitations imposed by Fair staff. 6. Contractor shall have any vendors approved by the County for the 2025 Vette Fest. 7. Contractor shall maintain insurance and strictly adhere to the following insurance related requirements as follows: 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 Competition. 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, audience members, volunteers, or any other person in attendance at the Weld County Fair arising out of the Contractor's activities. The comprehensive general liability insurance shall be in the following minimum amounts: Each Occurrence General Aggregate $2,000,000 $2,000,000 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 1 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. Performance shall not commence under this Agreement until Contractor has submitted to the 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 Workers' 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. 8. Contractor shall provide all personnel to set-up, conduct, and clean up after Vette Fest. 9. Contractor at its own expense shall provide all prizes to attendees and competition winners except for the Weld County Choice Plaque which shall be provided by Weld County pursuant to Section II of this Agreement. 10. At the conclusion of Vette Fest, Contractor shall be responsible for cleanup and leaving any areas utilized by Contractor or the Contestants in substantially the same condition as prior to set-up for the Competition. Contractor shall ensure that that all clean up shall be completed by the close of the Weld County Fair on July 28, 2024. SECTION Il -COUNTY RESPONSIBILITES For Vette Fest, County shall provide or perform the following: 1. Advertise and promote the Vette Fest in advance, as appropriate, with advertising for other Weld County Fair events, including the fair book. 2. Provide sufficient area within Island Grove Park to accommodate the parking and showing of approximately 175 Corvettes. Access to the area designated by County on July 27, 2025, shall be allowed beginning at 7:00 a.m. 2 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 July 27, 2025, 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 County shall not be obligated to make any monetary payment to Contractor for its services. County shall not be obligated to pay any Contractor costs or expenses not specified in this Section IV. SECTION V — INDEPENDENT CONTRACTOR Contractor acknowledges that it is an independent contractor and that pursuant to the 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 County. Contractor further understands than 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 third party or Contractor arising during the term of this Agreement and resulting from Vette Fest or failure of either party 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 the Event 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 of another 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. In the Event such 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. 3 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 charged, 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, 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 the County and Contractor, shall be for the sole and exclusive benefit of the 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. 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. 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. 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. 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 Ants of God, fires, strikes, war, flood, earthquakes or Governmental actions. 4 In Witness Whereof, the parties hereto execute this Agreement on the day first above written. C RACT R ..� u Pe er raham, Officer Corvettes West Car Club Chapter Date: MrFfj , 13 , Z-025 ATTEST: dAjtif,A)�;� BOARD OF COUNTY COMMISSIONERS Weld County erk to a Board WELD COUNTY, COLORADO Deputy Clerk to the Board U `�,.�'erry L B c, Chair APR 0 2 2025 s 2oi5-oarz- Contract Form Entity Information Entity Name* Entity ID* CORVETTES WEST CAR CLUB @00048270 CHAPTER Contract Name* 2025 WELD COUNTY FAIR CORVETTE SHOW Contract Status CTB REVIEW Contract Description* 2025 WCF CORVETTE'S WEST CORVETTE SHOW Contract Description 2 Contract Type* AGREEMENT Amount* $ 0.O0 Renewable* NO Automatic Renewal Grant IGA Q New Entity? Contract ID 9262 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* 04/03/2025 04/07/2025 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 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 Review Date* 03/25/2025 Committed Delivery Date Renewal Date Expiration Date* 07/27/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel ESTHER GESICK CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/28/2025 03/31/2025 03/31/2025 Final Approval BOCC Approved Tyler Ref # AG 040225 BOCC Signed Date Originator MGABEL BOCC Agenda Date 04/02/2025 Contract Form Entity Information Entity Name* Entity ID* CORVETTES WEST CAR CLUB @00048270 CHAPTER Contract Name* 2025 WELD COUNTY FAIR CORVETTE SHOW Contract Status CTB REVIEW Contract Description* 2025 WCF CORVETTE'S WEST CORVETTE SHOW Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 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 Q New Entity? Contract ID 9262 Contract Lead* MGABEL Contract Lead Email mgabel@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 04/03/2025 04/07/2025 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 OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 03/25/2025 Committed Delivery Date Renewal Date Expiration Date* 07/27/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel ESTHER GESICK CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/28/2025 03/31/2025 03/31/2025 Final Approval BOCC Approved Tyler Ref # AG 040225 BOCC Signed Date Originator MGABEL BOCC Agenda Date 04/02/2025 Hello