HomeMy WebLinkAbout20231209.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR HORSE AND CAR AGE
SERVICES AT 2023 WELD COUNTY FAIR AND AUTHORIZE CHAIR Ti SIGN -
MOUNTAIN SHADOWS CARRIAGES, C/O DARIN HENRY
WHEREAS, the Board of County Commissioners of Weld County, Colora►o, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with he authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented - rofessional -rvices Agreement for
Horse and Carriage Services at the 2023 Weld C my Fa',between t /County of Weld, State
of Colorado, by and through the Board of Count C• - m' :loners of field County, on behalf of
the CSU Extension Service of Weld County / Fair B• •, and M• 'ntain Shadows Carriages,
do Darin Henry, commencing July 27, 2023, - • endin• July 30, 023, with further terms and
conditions being as stated in said agreement, an
WHEREAS, after review, the Board d= -ms it advisab to approve said agreement, a copy
of which is attached hereto and incorporated h. ein by ref; ence.
NOW, THEREFORE, BE IT RES�VED by e Board of County Commissioners of
Weld County, Colorado, that the Professio al Se ices Agreement for Horse and Carriage
Services at the 2023 Weld Co Fair tween t - County of Weld, State of Colorado, by and
through the Board of County issi ers of eld County, on behalf of the CSU Extension
Service of Weld County / Fair Bo d, a Mou ain Shadows Carriages, do Darin Henry, be, and
hereby is, approved.
BE IT FURTHER SOL]/ED b the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The abov for oing ' -solution was, on motion duly made and seconded, adopted
by the folio g vote t 1st • =y of May, A.D., 2023.
ATTEST:
Weld County Clerk o the Board
BY.
APP
County A .r'ney
Date of signature: o5/og123
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mi�eman, Chair
Perry . Buc Pro-Tem
Sco K. James
`?L n
evin D. Ross
Lori Saine
2023-1209
EX0031
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Mountain Shadow Carriages
DEPARTMENT:
Fair DATE: 4/20/2023
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 Mountain Shadow Carriages to operate at fair.
Recommendation:
Approve.
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
Approve Schedule
Recorrynendation Work Session
Other/Comments:
2023-1209
05/01 F C003I
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.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@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
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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!
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Weld County Board of Commissioners
Mountain Shadow Carriages
Professional Services Agreement 2023 Weld County Fair
THIS AGREEMENT is made this of 1, 2023, 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 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
2023 Weld County Fair ("Fair") July 22- 30, 2023, 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 27th 9:00 am — 7:00 pm with one unit and/or 2 units as needed.
ii. Friday, July 28th 9:00 am — 7:00 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 29th 9:00 am — 7:00 pm with one unit and 12:00 pm — 7:00 pm
with 2 units as needed.
iv. Sunday, July 30th 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 (1) 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 horse. Pending on the severity of VS, health paperwork
may be adjusted to ensure the safety of the horses.
d. Contractor will provide old hitch wagon; grain wagon and miscellaneous antique
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0Zo
wessem 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 torte and destinations most used by fairgoers the following dates and times:
_. Thursday, July 27th 6:30 am — 2:00 pm and 5:00 pm - 7:00 pm
iL. Friday, July 28th 7:30 am — 4:00 pm
ii. Saturday, July 29th 7:30 am — 4:00 pm
ir. Sunday, July 30th 10:30 am — 1:30 pm as needed and at other times driver feels
there is need to move people.
The dryer 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. The base rate is $1,500.00 total for
the abcve listed dates and times. Should the hours required become excessive owner and
fair coordinator will negotiate as to reasonable charges in excess of the agreed upon
amours contained herein.
2. Insurance R.quirements
a. Comriescial 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
persoi in attendance at the Weld County Fair arising out of Contractor's activities. The
compaehensive 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, eetarn receipt requested. Contractor agrees that Contractor's comprehensive general
liability _nsurance 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.
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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 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 a camping space by the horse barn as needed by Contractor.
SECTION III — TERM:
The term of this Agreement shall commence upon the date of execution by both the
Contractor and County and end on July 30, 2023, 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
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the basis for additional compensation unless and until Contractor has obtained written
authorization aid acknowledgement by County for such additional services.
SECTION IV — PAYMENT AND FEE SCHEDULE:
County shall pay Contractor 1) $1,500.00 upon acceptance of this Agreement by the Weld
County Commissioners and 2) $1,500.00 for wagon rides as well as $250.00 for the provision of
a tractor as comemplated by section I.l .f of this Agreement payable at the end of the Fair on July
30, 2023. Cnizity shall not be obligated to pay any further costs or expenses associated with
Contractor beyond the $3,250.00 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)(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 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 thi.i 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.
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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. 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
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In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
CONTRACTOR
Darin Henry, Owner
Mountain Shadows Carriages
Date:
ATTEST: W41 0;&k, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY:
Deputy Cler
l
to the oard
APPROVED AS TO FUNDING;
E cted Official or Department Head
Chief Financial Officer / Controller
APPROVED AS TO FORM:
�11�kK.�w Co,R,y
WELD COUNTY, COLORADO
County Attorney
ke Freeman, Chair MAY 0 12023
PROVED AS TO SUBSTANCE:
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