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Home My WebLink About20231212.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR MOUNTED SHOOTERS AT 2023 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - COLORADO REGULATORS 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 Mounted Shooters at the 2023 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 Colorado Regulators, commencing upon full execution of signaures, and ending July 22, 2023, 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 Mounted Shooters at the 2023 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 Colorado Regulators, 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 1st day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j„ tdL' ) , JCLto%ok Weld County Clerk to the Board BY: AP County ttorney Date of signature: OS/oF'/23 cc, r4H$ /CA) 10/04/23 Mikman, Chair Per L. B , Pro-Tem Scott K. James evin D. Ross Lori Saine 2023-1212 EX0031 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Colorado Regulators DEPARTMENT: Fair DATE: 4/20/2026 PERSON REQUESTING: Hannah Swanbom Brief description of the problem/issue: Please review PSA. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Allow Regulators to hold their event during county fair. Recommendation: Approve PSA Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine Approve Schedule Recommendation Work Session via friva Other/Comments: 05/01 2023-1212 Ex0O3 1 Karla Ford From: Sent: To: Subject: I approve all Kevin Ross Kevin Ross Monday, April 24, 2023 7:45 AM Karla Ford Re: Please Reply - Fair Pass Around's From: Karla Ford <kford@weld.gov> Sent: Monday, April 24, 2023 7:23:20 AM To: Kevin Ross <kross@weld.gov> Subject: Please Reply - Fair Pass-Around's Commissioner, It is that time of year when the Extension Office is working on the agreements with groups that will be at the Fair. Please advise if you approve all of the following PA's. if you do not approve one of them, let me know. Thanks! *Draft Horse Show *Corvette West *Colorado Regulator Event *Mountain Shadow Carriages Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.Q. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: rcford@weldgov.com :: www.weldgov.com :: **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 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: Hannah Swanbom <hswanbom@weld.gov> Sent: Thursday, April 20, 2023 11:03 AM To: Karla Ford <kford@weld.gov> Cc: Cheryl Aragon <caragon@weld.gov> Subject: PSA/Pass-Around's Hi Karla, Please see attached several PSA's for fair and the Pass- Around forms for each PSA. Thank you! 1 2023 WELD COUNTY FAIR COLORADO REGULATORS EVENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this P day of M am , 2023, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Colorado Regulators, Mike Parsons, President, 371 Bellaire, Loveland, CO 80537 hereinafter referred to as "Contractor." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall produce one Colorado Regulators at the Weld County Fair Event ("the Event") for the 2023 Weld County Fair to be held on July 21, 2023 for move -in, show beginning Saturday July 22, 2023 with check -in at 6:30 a.m. and show beginning at 10:00 a.m. at the Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms and conditions: SECTION I: CONTRACTOR RESPONSIBILITIES. 1. Provide all equipment and personnel to manage the Colorado Regulators Event in compliance with the sanction rules of the Cowboy Mounted Shooting Association. Personnel to run gates, balloon setters, timers, flaggers and judges for the Event and any other personnel needed to produce the Event. 2. Contractor will handle all entries and costs associated with producing, marketing, and sponsoring the Event. All sponsors will need to meet the approval of the Weld County Fair Board and should not conflict with sponsors already procured by the Weld County Fair as determined by the Weld County Fair Board. Sponsors may not include alcohol or tobacco related sponsors, or any other sponsors not deemed appropriate by the Weld County Fair Board. 3. Contractor agrees to safely conduct the Event to provide maximum protection for the participants, Contractor personnel, Weld County Fair staff, and the public. 4. Contractor shall require all participants in the Event to read and sign the 2023 WELD COUNTY FAIR COLORADO REGULATORS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION, attached to this Agreement as Attachment A and incorporated herein by reference. 5. Announcer(s) for the Event at Contractor's expense. 6. Horse stalls are on a first come first serve basis, around 50 stalls available, $15/ stall. 7. Camper Spaces available on a first come first serve basis. Available Friday July 21st and Sunday, July 23`d by 6:30 a.m. $50 per camper space at exhibitors or contractor's expense. Available Camper spots in F, G, and FS Lots available. 8. If used, Arena Light Usage for Event at Contractor's expense of $150. Page 1 of 7 0.20,2,5- /02/02_ 9. All payouts or other prizes to participants for the Event. 10. EMS services as needed or required at Contractor's expense. 11. At the conclusion of the Event, Contractor shall be responsible for cleanup and leaving the arena and any areas utilized by Contractor or the participants in substantially the same condition as prior to set-up for the Event. All manure and feedstuffs will be placed in the manure dump located at the south end of the Horse Barn. 12. Contractor shall maintain insurance and strictly adhere to the following insurance related requiserients as follows: a. Commercial General Liability Insurance. Contractor shall furnish to County a cert1icate of insurance for commercial general liability upon notification of award and prior to the Event. The commercial general liability insurance policy shall, at a mininum, 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 Contractor's actiNities. The comprehensive general liability insurance shall be in the following mininum 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. Performance shall not commence under this Agreement until Contractor has submitted to tlm County and received approval thereof b. Contactor 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. Page 2 of 7 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: COUNTY RESPONSIBILITES. County shall provide the following for the Event: 1. A facility to conduct shooting event at no charge and equipment for preparing the arena for the Event. Facility shall be available 6:00 am to 6:00 pm the day of the event. la. Equipment and personnel to operate said equipment during event for arena maintenance as needed during the event. lb. Properly worked arena ground to protect safety of participants and animals. 1 c. Arena set up prior to event. 2. Access to the JBS Stage at the Greeley Stampede Arena for use of the arena PA System including cordless microphones, 2 barrels, and access to electric outlets to be used for air compressors. 3. 5-10 Westgard Livestock Panels. 4. An official Colorado Regulator event Ad in the 2023 Weld County Fair Exhibitor Book. 5. Personnel to clean horse stalls and provide access to water for exhibitors. 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 23, 2023, after the completion of the Event and any associated clean up or post -Event activities. 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. Page 3 of 7 As payment in -Contractor's performance, Contractor shall receive: 1. All entry Pecs for the event. 2. Contractor shall be responsible for all participant payouts for the Event. County shall not be obligatedtopay any Contractor costs or expenses not specified in this Section IV. Financial obligations are contingent upon funds being acquired and budgeted or otherwise made available_ SECTION V: INDEPENDENT CONTRACTOR. Pursuant to Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended, Contractor understands tha_ it and its employees and servants are independent contractors not entitled to workers' comsation benefits from 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, front and against any and all claims, suits, expenses, damages, or other injury to persons, entities, or property caused or sustained by any person(s) arising during the term of this Agreement and resulting from the 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 Seion 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 that is the subject of this Agreement. If Contractor is unable to provice the services required by this Agreement during the specified term of this Agreement, Cortractor shall be deemed to have breached this Agreement and County may obtain said services frau a third party and pursue an appropriate remedy for such breach pursuant to the laws of the Suitt of Colorado. Either party may terminate this Agreement for cause. An aggrieved party must first -iotify 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 this 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. Page 4 of 7 1. Integration of Understanding. This Agreement, along with Exhibit A attached hereto and incorporated herein by reference, contain 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 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. 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. Page 5 of 7 CONTRACTOR Rick Carlson, President, Colorado Regulators Date: ,≤-q ATTEST: W.As-AAJ X/444 Weld County Clerk to —the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO uty C to B tTS� i .',c�:�r `� Ho Freeman, Chair MAY 0 12023 APPROVED AS TO FUNDIN i �'' ti; a' PROVED AS TO SUBSTANCE: 664 Aiwa Chief Financial Officer / Controller Effected Official or Department Head APPROVED AS TO FORM: Moue Ge8,4«y County Attorney Page 6 of 7 �o73_ /c2/€- ATTACHMENT A 2023 WELD COUNTY FAIR COLORADO REGULATORS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION NAME OF PARTICIPANT IN WELD COUNTY FAIR YOUTH RODEO: ADDRESS: STREET CITY/TOWN STATE ZIP PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld County Fair Colorado Regulators carries with it certain risks of injury, damage, or other loss, including death or permanent disability. The handling, management, or riding of animals, involves risks to the PARTICIPANT, or third persons, including, but not limited to, being kicked, bumped, stepped upon, bitten, or thrown by the animal. With complete understanding of the risks of participation in the Weld County Fair Colorado Regulators, PARTICIPANT, or parent/guardian, hereby voluntarily releases and agrees to hold harmless and indemnify, on his or her own behalf and on behalf of his or her heirs, successors, and assigns, the Fair Board, its officers, employees, agents, and volunteers; the County of Weld and its employees, officers, and agents; the Board of County Commissioners of the County of Weld; Weld County Extension and its employees, officers, and agents (the "Releasees"), from any and all claims and liability, past, present, or future, for any injury or damage to PARTICIPANT, or to his or her property, resulting from any cause whatsoever occurring in the course of the Colorado Regulators, excepting only such injury or damage resulting from the willful and wanton acts of the Releasees. The PARTICIPANT, or parent/guardian, also agrees to hold harmless and indemnify the Releasees from any and all claims and liability, past, present, or future, for any injury or damage to third parties, resulting from the negligent or intentional ads of the PARTICIPANT occurring in the course of the Weld County Fair Colorado Regulators. PARTICIPANT, or parent/guardian, further understands that the Releasees may be immune to liability pursuant to C.R.S. §13-21-119, for certain equine activities, or C.R.S. §§ 24-10-101, et. seq., by virtue of their governmental status. PARTICIPANT acknowledges and agrees that this Release, Hold Harmless and Indemnification herein stated, is not intended to circumvent, waive, or replace such immunities. By signing this Hold Harmless and Indemnification herein stated, the PARTICIPANT and/or parent/guardian acknowledges that he or she has read and understands all of the provisions contained herein. Signed this day of ,2023. Signature of Participant or of Parent or Guardian if Minor Printed Name Page 7 of 7 Hello