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Home My WebLink About20221372.tiffRESOLUTION' RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR 2022 WELD COUNTY FAIR OPEN BOER GOAT SHOW AND AUTHORIZE CHAIR TO SIGN - COLORADO BOER GOAT 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 Services Agreement for the 2022 Weld County Fair Open Boer Goat Show 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 Colorado Boer Goat 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 the Professional Services Agreement for the 2022 Weld County Fair Open Boer Goat Show 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 Colorado Boer Goat 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 16th day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WED COUNTY, COLORADO ATTEST: dithAj ott K. James, Chair Weld County Clerk to the Board County Attorney Date of signature: S /2-O/Pa cc : ExCHS/ZIO 6/31122 2022-1372 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Colorado Boer Goat Association Show at Weld County Fair DEPARTMENT: Extension/Fair DATE: 5/5/22 PERSON REQUESTING: Hannah Swanbom/Jenette Masarie Brief description of the problem/issue: Weld County Fair Board would like to have the Colorado Boer Goat Association host their show during the 2022 Weld County Fair. What options exist for the Board? (include consequences, impacts, costs, etc. of options): No costs are associated with having this show, it occurs before our youth exhibitors come to the fair grounds. Recommendation: Weld County Fair Board recommends that the Colorado Boer Goat Association can have their Boer Goat Show at the 2022 Weld County Fair. Agreement has already been reviewed and approved by legal. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule me dation Work Session Other/Comments: 2022-1372 05/1 Lo Ex 0O3 0 2022 WELD COUNTY FAIR PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this t O of May , 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," Colorado Boer Goat Association hereinafter referred to as the "Contractor." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree that Contractor shall manage the Open Boer Goat Show at the 2022 Weld County Fair July 23 through July 24, 2022, at the Island Grove Park in Greeley, Colorado, pursuant to the following terms and conditions: SECTION I -CONTRACTOR RESPONSIBILITIES 1. Contractor agrees to manage the Open Boer Goat Show including but not limited to advertising, taking entries, hiring the judge and paying all his/her expenses, ordering and paying for awards that meet the standards of the Weld County Fair and all duties that are standard practices of show management. 2. Contractor shall get the Open Boer Goat Show sanctioned by the American Boer Goat Association. Any fees associated with the sanctioning of the Open Boer Goat Show shall be the sole responsibility of the Contractor. 3. Contractor shall see that all exhibitors comply with the Health Certificate regulation for the Fair (written within 10 days of the show date by a licensed veterinarian) and provide the Fair with copies of all Health Papers submitted to them. 4. Contractor shall provide a list of exhibitors to the fair. 5. Contractor shall abide by the required arrival times: 3:00 pm - 9:00 pm Friday July 22, 2022 Saturday, July 23, 2022 and 6:00 am — 9:00 pm Sunday, July 24, 2022 .All animals are out of the barn by 9:00 pm on Sunday, July 24, 2022. 6. Contractor are responsible for the cleaning of stalls used by exhibitors. There shall be a $10.00 fine per stall assessed to the Contractor for any stalls that are not cleaned by 9:00 pm on Sunday, July 24, 2022. 7. Contractor is the Colorado Boer Goat Association. The Weld County Fair is not the sponsoring organization and does not take responsibility for the show. The agreement between the Colorado Boer Goat Association and Jennifer Seltzer as the officer of the Colorado Boer Goat Association. This does not include the Weld County Fair as a party or a hosting organization. 8. Contractor shall not alter the configuration of the pens in any way (example removing panels). 1 9. Contractor shall strictly comply with all applicable federal, State of Colorado, and County and municipal laws, rules and regulations in effect or hereafter established. 10. Contractor shall require all participants to groom within the designated grooming area and dispose of hair in trash cans located in the designated grooming area. 11. Contractor shall supply adequate shavings to keep the show ring surface in excellent condition. An adequate amount of shavings will keep the show ring surface in excellent condition for the Colorado Boer Goat Association Open Boer Goats show, and the fair breeding and market goat show and the fair breeding and market lamb show. 12. Contracts shall strictly comply with all General Rules and General Livestock Rules as published in the 2022 Weld County Fair Book in effect or hereafter established. Contractor shall require all participants to strictly comply with all General Rules and General Livestock Rules as published in the 2022 Weld County Fair Book in effect or hereafter established. 13. 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 prior to June 14, 2022. The commercial general liability insurance policy shall, at a minimum, include coverage for property damage and bodily injury covering injuries to Contractor, Contractor's volunteers and/or employees 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 $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. 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. 2 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. 13. Contractor shall provide all personnel necessary to conduct the Open Boer Goat Show. Contractor shall be responsible for cleanup and leaving any areas utilized by Contractor in substantially the same condition as prior to set-up. Contractor shall ensure that that all clean up shall be completed by the close of the Weld County Fair on July 24, 2022. SECTION II -COUNTY RESPONSIBILITES County shall provide or perform the following: 1. Provide sufficient area within the Event Center at Island Grove Park to accommodate the Open Boer Goat 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 July 24, 2022 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. 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 that it and its employees and servants are independent Contractor not 3 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 Weld 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 its performance 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 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. 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 reason of this Agreement of any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this 4 Agreement, by and on behalf of the County and Contractor, shall be for the sole and exclusive benefit of the County and Contractor. 3. Sevcrability. 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. 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. 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. 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. 9. 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. 5 In Witness Whereof, the parties hereto execute this Agreement on the day first above written. CONTRACTOR: je/f/f/At 7ahirtOM Setae? Mirth!, lb oson Settler p.I.ry 5.202.E II AI IID) i Jenifer Seltzer, Officer of Colorado Boer Goat Association Date: May 5, 2022 ATTEST: dide41�•'� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: APPROVED AS TO FUNDIN abl Chief Financ al Officer APPROVED AS TO FORM: County Attorney 6 WELD COUNTY, COLORADO Scott K James, Chair MAY 1 6 1022 APPROVED AS TO SUBSTANCE: Hannah Swanbom Elected Official or Department Head oZo202 - /372 Hello