HomeMy WebLinkAbout20231211.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR VETTE FEST AT 2023
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 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 Corvettes West Car Club Chapter, commencing
upon full execution of signatures, and ending July 30, 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 Vette Fest 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 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 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:thx`w XL;el
Weld County Clerk to the Board
BY:
County Attorney
Date of signature: 0
eman, Chair
�cX
err L. B k, Pro-Tem
Scott K. James
CD
evin D. Ross
Lori Saine
cc •. EX(HS,t )
to/oil/23
2023-1211
EX0031
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Corvettes West Car Club
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 car show at county fair.
Recommendation:
Approve.
Apra
Recommendation
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Schedule
Work Session
Other/Comments:
2023-1211
5/1 EX0031
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 R
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
2023 WELD COUNTY FAIR
CORVETTES WEST CAR CLUB CHAPTER
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this l of M , 2023, by and between the Board of
County Commissioners of Weld County, Colorado, 1150 �treet, 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 2023 Weld County Fair to be held on July 30, 2023, starting at 8:00 a.m., at Island
Grove Park in Greeley, Colorado, pursuant to the following terms 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 2023 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
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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 tine 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 small 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 30, 2023.
SECTION II -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 suffizient area within Island Grove Park to accommodate the parking and showing of
approximately 175 Corvettes. Access to the area designated by County on July 30, 2023, 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 30, 2023, 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 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 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.
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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 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 :eason 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. Severabilty. If any provision of this Agreement is determined to be unenforceable or invalid for
any reasoi, 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, cf 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, aid 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 delver 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
Debby Baker,
Officer, Corvettes West Car Club Chapter
Date: 4 — oZ ( - L3
ATTEST: W,/y,BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
Deputy Cl
APPROVED AS TO FUNDING;
0%4 4400,
Chief Financial Officer / Controller
APPROVED AS TO FORM:
Now Ln.wN
e Freeman, Chair MAY 0 12023
ROVED AS TO SUBSTANCE:
AEl ted Offi>7LrEtl orDepartment Head
County Attorney
5
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