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Home My WebLink About20231210.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR DRAFT HORSE SHOW AT 2023 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO DRAFT HORSE ASSOCIATION 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 the Draft Horse Show 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 the Northern Colorado Draft Horse Association, commencing upon full execution of signatures, 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 Professional Service Agreement for the Draft Horse Show 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 the Northern Colorado Draft Horse Association, 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: W.464,4) ,,;(0k Weld County Clerk to the Board County Attorney Date of signature: 05/agf23 Mi eman, Chair Per / Buy', Pro-Tem CC :EX (HS/cA) 10/04 /23 2023-1210 EX0031 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Draft Horse Show 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 draft horse show. Recommendation: Approve. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine Schedule Work Session Other/Comments: 2023-1210 51( EX003 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 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 Weld County Board of Commissioners Northern Colorado Draft Horse Association Professional Service Agreement THIS AGREEMENT is made this I Sfi of, 2023, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O Stre t, Greeley, Colorado 80631, hereinafter referred to as the "County," and the Northern Colorado Draft Horse Association, Kit McCollum, Treasurer, 23528 CR 4, Hudson, CO 80642, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall produce one Draft Horse Show ("Performance") for the 2023 Weld County Fair to be held on Saturday, July 22, 2023, at Island Grove Park Arena in Greeley, Colorado, at a time set by the County. SECTION I— SERVICES OF CONTRACTOR 1. Production of the show. 2. All horses entering the grounds for the show shall present to the Weld County Fair Board a valid health certificate issued by an accredited veterinarian within ten (10) days prior to the show. 3. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, worker's compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement until Contractor has submitted to the County and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance: a. Comprehensive General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Said insurance shall include coverage for any and all personal injuries arising out of the Contractor's activities. Each Occurrence General Aggregate $1,000,000 $1,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each occurrence) Personal Injury Protection As Required by Colorado Statutes c. Workman's Compensation Insurance: As Required by Colorado Statutes 4. All insurers of Contractor must be licensed or approved to do business in the state of Colorado. Contractor's comprehensive general liability, comprehensive automobile liability and workman's compensation insurance policies and/or certificates of insurance shall be issued to include Weld County, its employees and officers, and the Weld County Fair Board as additional insured parties and shall include the following provisions: The insurance company issuing the policy or policies shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of Contractor, or injuries arising out of Contractor's activities. The insurance company issuing the policy or policies shall have no recourse against the County for payment of any premiums due or for any assessments under any form of any policy. 5. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor. Each insurance policy herein required 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. 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 election of the County, 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 the obligations of Contractor concerning indemnification. SECTION II - RESPONSIBILITES OF THE COUNTY For the show, County shall provide the following: 1. Facility — the Saddle Club Arena and sound equipment to produce the show. Association members will arrive on Friday, July 21, 2023, to set up the arena and area for their show. 2. Personnel and/or equipment to work the arena, as needed. 3. In the event the show runs after dark the arena lights will be turned on. 4. Access to the stone house for concessions and restrooms. 5. Signage for exhibitors and spectators. 6. Draft horse exhibitors have access to camping sites located at the Saddle Club Arena at no charge for Friday, July 21, 2023, and must be vacated by the end of the show on Saturday, July 22, 2023. 7. $500.00 in sponsorship for the Draft Horse Show that will be acknowledged in printed material promoting the show. 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 Saturday, July 22, 2023, at the completion of the show, conditioned 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. 2 SECTION IV — PAYMENT AND FEE SCHEDULE Exhibitors have the availability of stalls on Friday, July 21, 2023 and Saturday, July 22, 2023 for a fee of: • $20.00 per stall per night paid to the Weld County Fair • $10.00 one- time charge to clean each stall used. Contractor shall collect funds for stalls and cleaning which contractor shall pay to the Weld County Fair Board by check within 15 days of the Event. Contractor will receive a check in the amount of $500.00 to be used for premium payouts to the exhibitors, awards or judge compensation. SECTION V - INDEPENDENT CONTRACTOR 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, its officers, agents, and employees for, 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) as a result of Contractor's performance 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 the Event that is the subject 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 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. 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 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, 4 In Witness Whereof, the parties hereto execute this contract on the day first above written. CONTRACTOR Kit eCollum, Treasurer, Northern Colorado Draft Horse Association Date: 5- 10 -23 ATTEST:Wmdfrjet) ;eA BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Deputy Cler the : oard WELD COUNTY, COLORADO ike Freeman, Chair MAY 0 12023 APPROVED AS TO FUNDING; -,#,,.�� :'t ROVED AS TO SUBSTANCE: 004 Chief Financial Officer / Controller APPROVED AS TO FORM: "Maw' lenR.y Elebled Official tSr Department Head County Attorney 5 o�Do23 - /02/0 Hello