HomeMy WebLinkAbout20221835.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR DRAFT HORSE SHOW AT
2022 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 2022 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 24, 2022, 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 2022
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 27th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtor.O 4!4
Weld County Clerk to the Board
BY:
APP
t\JWL:
eputy Clerk to the Board
ounty A,,: rney
Date of signature: 7/7 /22
t K. James, Chair
Lori Saine
cc: Ex(1-IS/3Mi
7/i I /22
2022-1835
EX0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County Fair
DEPARTMENT: Extension /Fair
DATE: 5/23/2022
PERSON REQUESTING: Jenette Masarie/ Hannah Swanbom
Brief description of the problem/issue:
Weld County Fair Board would like to have the Northern Colorado Draft Horse Association host their
show during the 2022 Weld County Fair on July 23, 2022.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Weld County Fair Board gives a $500 sponsorship each year, that has been put into our budget.
Recommendation:
Weld County Fair Board recommends to have Northern Colorado Draft Horse Show during Fair on
Saturday July 23, 2022. Agreement has already been reviewed and approved by Legal.
Approve Schedule
Re endation Work Session
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
Other/Comments:
2022-1835
OW2-1
CX03 0
Weld County Board of Commissioners
Northern Colorado Draft Horse Association
Professional Service Agreement
THIS AGREEMENT is made this 27 of L ,Uitt, , 2022, by and between the Board of County
Commissioners of Weld County, Colorado, 1150 O Street, 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 2022 Weld
County Fair to be held on Saturday, July 23, 2022, 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
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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 22, 2022, 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 22' 2022 and must be vacated by the end of the show on Saturday, July 23, 2022.
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 24, 2022, 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.
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SECTION IV - PAYMENT AND FEE SCHEDULE
Exhibitors have the availability of stalls on Friday, July 22, 2022 and Saturday, July 23, 2022 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.
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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 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,
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In Witness Whereof, the parties hereto execute this contract on the day first above written.
ATTEST:
CONTRACTOR:
Kristine Mccollum (May 26, 2022 05:44 MDT)
Northern Colo. Draft Horse Association
Kit McCollum
Treasurer
Date: May 26, 2022
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN NORTHERN COLORADO DRAFT HORSE ASSOCIATION
ATTEST: darAdA) 6Z11.4;t1 BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY:
WELD COUNTY, COLORADO
eputy Cl:�! to the a�;,j ;,�{; %�� Cott K. James, Chair JUN 2 7 2022
APPROVED AS TO FUN APPROVED AS TO SUBSTANCE:
ellik Pito:
iFt
Controller
APPROVED AS TO FORM:
Cou t Attorney
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Elected Official or Department Head
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