HomeMy WebLinkAbout20250728.tiffResolution
Approve Professional Service Agreement for Photography at 2025 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 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 Flying M Photography,
LLC, commencing upon full execution of signatures, and ending July 29, 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 Photography 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 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 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 17th day of March, 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 (.KG)
03/26/2S
2025-0728
EX0031
Lunk-v u ck 11)119l 18
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2025 WCF Photography Contract
DEPARTMENT: Extension
PERSON REQUESTING: Mikayla Gabel
DATE: 02/18/2025
Brief description of the problem/issue:
Wield County Fair Board has approved the Photography contract to book Flying M Photography for the 2025 Falr.
What options exist for the Board?
Approve/Don't Approve Contract
Consequences:
We would have to look for a new service provider for Photography.
Impacts:
Component of putting on the Weld County Fair. The exhibitors 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. A $7500 sponsorship has been secured for the cost of the photos to each exhibitor and labor to the photographer and
her crew.
Recommendation:
Weld County Fair Board recommends Flying M Photography as our official fair photographer 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
Support Recommendation Schedule
Place on BOCC Agenda Work Session
Other/Comments:
2025-0728
3A1 6)(0031
2025 WELD COUNTY FAIR
Flying M Photoaraalw, Meaan Berg
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT is made this rigf Blij, 2025 by and between the Weld County Fair,
525 N. 15th 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 2025 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 2025 Weld County Fair.
2. Contractor shall attain a $7,500 sponsorship. This will cover the cost of all the pictures for
the Fair and Exhibitors, and other needs to picture the 2025 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 19 - July 29, 2025.
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
1. 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, 2025, 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 al 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 Govemmental Immunity Act §§24-10-101 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.
ATTEST:
CHAIR OF THE WELD COUNTY
BOARD OF COUNTY COMMISSIONERS
MAR 1 7 2023
Date
ATTEST: ddaltdAl
•
Weld bounty Clerk to the Board
BY
Deputy Clerk to the Board
(,�Dij(SYl
U
CONTRACTOR
Flying M Photography
Date
Megarg
Flying M Photography
Fe,i9 17, ZOZ5
a o Z5 -07Z7
Houstan Aragon
From:
Sent:
To:
Subject
Esther Gesick
Monday, March 10, 2025 11:27 AM
Houstan Aragon; Mikayla Gabel
RE: FW: Contract Routing in OnBase
I just completed the Dept. Head OnBase routing, per the thread below.
Houstan - I think inclusion of the email would be beneficial to include as backup information, as it demonstrates
Cary's input and Mikayla's response to satisfy the information, which may also be insightful to the BOCC as well.
Thanks,
COUNTY,
O
Esther E. Gesick
Clerk to the Board
Desk: 970-400-4226
Cell : 970-302-7415
P.O. Box 758,1150 O St., Greeley, CO 80632
0®O®O
Join Our Team_
IMPORTANT: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
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From: Houstan Aragon <haragon@weld.gov>
Sent: Monday, March 10, 2025 8:52 AM
To: Mikayla Gabel <mgabel@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: RE: FW: Contract Routing in OnBase
You're welcome, Mikayla.
By Copy, I am looping in Esther so that she is able to execute the Department Head approval.
Thanks,
COUNTY,
c0
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 O St., Greeley, CO 80632
0®O®O
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IMPORTANT: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
attachments by anyone other than the named recipient is strictly prohibited.
From: Mikayla Gabel <mgabel@weld.gov>
Sent: Monday, March 10, 2025 8:28 AM
To: Houstan Aragon <haragon@weld.gov>
Subject: FW: FW: Contract Routing in OnBase
Good morning, Houstan,
Thank you so much for all your help with this.
Please see the attached approval from interim director, Cary, below.
Thank you!
Mikayla Gabel
Weld County Fair Coordinator
525 N 15. Ave, Greeley, CO 80631
O: 970-400-2069 I C: 970-590-2099
Confidentiality Notice. This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cary Weiner <weinerca@co.larimer.co.us>
Sent: Wednesday, March 5, 2025 2:22 PM
To: Mikayla Gabel <mgabel@weld.gov>
Subject: Re: FW: Contract Routing in OnBase
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not dick links or open attadiments unless you recognize
the sender and know the content is safe.
Thanks Mikayla - approved.
On Wed, Mar 5, 2025 at 11:39 AM Mikayla Gabel <mmgabbbel@weld.gov> wrote:
2
Hi Cary,
Yes, that is correct.
This is the same photographer and crew that we have used for the last 2 years and so she gets all the photos up
from the Fair before the 29`h. I don't think any specifications on the number of photos are needed. There aren't
any FFA specific events to the Fair that we host currently.
Thank you for those thoughts and help!
Mikayla Gabel
Weld County Fair Coordinator
525 N 15th Ave, Greeley, CO 80631
O: 970-400-2069 I C: 970-590-2099
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged. confidential or otherwise protected from disclosure If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cary Weiner <weinerca@co.larimer.co.us>
Sent: Tuesday, March 4, 2025 4:08 PM
To: Mikayla Gabel <mgabel@weld.gov>
Subject: Re: FW: Contract Routing in OnBase
This Message Is From an Extemal Sender
This email was sent by someone outside Weld County Govemment. Do not didc links or open attachments unless you recognize
the sender and know the content is safe.
Hi Mikayla,
3
Confirming that Weld County legal has approved and the $7,500 sponsorship has already been acquired
by the photographer? Aside from that, here are some other questions for your consideration:
• It strikes me that the term of the contract ends on July 29, which is the last day of Fair. Would you
want to allow time for the photographer to get you the photos afterwards?
• Do you want to set any more specific expectations for the number and type of photos to be
produced?
• Do you want FFA events to be covered or just focus on 4-H?
Those bullets are just some questions for you to consider. As long as legal has approved, the
sponsorship has been acquired, and you've thought about the other questions I am fine with moving
forward.
Cary
On Tue, Mar 4, 2025 at 1:23 PM Mikayla Gabel <mgabelPwelli.gov> wrote:
Hi Cary,
We are starting our contracts for the 2025 WCF. The one we have in our OnBase queue right now is
Photography. I have attached that contract here for you to review. If you approve, will please authorize
Esther Gesick, Clerk to the Board to approve on your behalf.
Thank you!
Mikayla Gabel
Weld County Fair Coordinator
525 N 15. Ave, Greeley, CO 80631
0: 970-400-2069 I C: 970-590-2099
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it
is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any dsclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Houstan Aragon <haragon@weld.gov>
Sent: Tuesday, March 4, 2025 12:34 PM
4
To: Mikayla Gabel <mgabel@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: Contract Routing in OnBase
Good afternoon, Mikayla,
I have become aware the Director's position for the Extension Office has not been filled permanently
since Hannah left some time ago. I see that you are starting the contract process for the 2025 County
Fair (Contract ID #9118), and since there is no one to approve as the Department Head, it has been
sitting there since 2/24/2025. For the time being, whenever you have an agreement to be approved
please reach out to the Interim Director from CSU (Cary) for them to authorize Esther to approve on
their behalf, so that we are able to accommodate placement of this, and any future agreement, in a
timely fashion.
Best,
COUNTY, CO
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 0 St., Greeley, CO 80632
011000
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
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strictly prohibited.
5
Cary Weiner
Larimer County Extension Director
Interim Weld County Extension Director
Colorado State University
(970) 498-6033
An equal access and equal opportunity University. https://col.st/II0t3
Cary Weiner
Larimer County Extension Director
Interim Weld County Extension Director
Colorado State University
(970) 498-6033
An equal access and equal opportunity University: https://col.st/II0t3
6
Contract = r
Entity Information
Entity Name" Entity ID*
FLYING M PHOTOGRAPHY LLC @00046348
Contract Name*
2025 WELD COUNTY FAIR PHOTOGRAPHER
Contract Status
CTB REVIEW
Contract Description*
WELD COUNTY FAIR PHOTOGRAPHER CONTRACT
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$7,500.00
Renewable*
NO
Automatic Renewal
Grant
IGA
❑ New Entity?
Contract ID
9118
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* 02/20/2025
02/24/2025
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
Contact Info
Review Date*
02/12/2025
Committed Delivery Date
Renewal Date
Expiration Date*
07/29/2025
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
03/10/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
03/17/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
03/10/2025 03/10/2025
Tyler Ref #
AG 031 725
Originator
MGABEL
Hello