HomeMy WebLinkAbout20221837.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR MOUNTED SHOOTERS
AT 2022 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - COLORADO
REGULATORS
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
Mounted Shooters 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 Colorado Regulators, commencing upon full
execution of signatures, and ending July 25, 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 Mounted Shooters 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 Colorado Regulators, 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
WECOUNTY, COLORADO
ATTEST: dJp;„k,
Weld County Clerk to the Board
my orney
Date of signature: 7/7/x2
CC •. EX (HS1 sr)
7/1 1 /22
2022-1837
EX0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County Fair - Colorado Regulators Mounted Shooters Agrmt
DEPARTMENT:
Extension /Fair DATE: 6/22/22
PERSON REQUESTING: Jenette Masarie/ Hannah Swanbom
Brief description of the problem/issue:
Weld County Fair Board would like to have the Colorado Regulators Mounted Shooters 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):
There are no costs associated to hold event during the 2022 Weld County Fair.
Recommendation:
Weld County Fair Board recommends to have Colorado Regulators Mounted Shooters Show during
Fair on Saturday July 23, 2022. Agreement has already been reviewed and approved by Legal.
Approve Schedule
Re ndation Work Session
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Seine
Other/Comments:
2022-1837
04)1 21 EkOn0
2022 WELD COUNTY FAIR
COLORADO REGULATORS EVENT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this Z, 0'' day of J UAL, , 2022, by and
between the Board of County Commissioners of Weld County, Colorado, 1150 O Street, Greeley,
Colorado 80632, hereinafter referred to as "County," and Colorado Regulators, Mike Parsons,
President, 371 Bellaire Loveland, CO 80537 hereinafter referred to as "Contractor."
WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter
set forth, agree that Contractor shall produce one Colorado Regulators at the Weld County Fair
Event ("the Event") for the 2022 Weld County Fair to be held on July 22, 2022 for move -in, show
beginning Saturday July 23, 2022 with check -in at 6:30 a.m. and show beginning at 10:00 a.m. at
the Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms and conditions:
SECTION I: CONTRACTOR RESPONSIBILITIES.
1. Provide all equipment and personnel to manage the Colorado Regulators Event in
compliance with the sanction rules of the Cowboy Mounted Shooting Association.
Personnel to run gates, balloon setters, timers, flaggers and judges for the Event and any
other personnel needed to produce the Event.
2. Contractor will handle all entries and costs associated with producing, marketing, and
sponsoring the Event. All sponsors will need to meet the approval of the Weld County Fair
Board and should not conflict with sponsors already procured by the Weld County Fair as
determined by the Weld County Fair Board. Sponsors may not include alcohol or tobacco
related sponsors, or any other sponsors not deemed appropriate by the Weld County Fair
Board.
3. Contractor agrees to safely conduct the Event to provide maximum protection for the
participants, Contractor personnel, Weld County Fair staff, and the public.
4. Contractor shall require all participants in the Event to read and sign the 2022 WELD
COUNTY FAIR COLORADO REGULATORS RELEASE, HOLD HARMLESS, AND
INDEMNIFICATION, attached to this Agreement as Attachment A and incorporated herein
by reference.
5. Announcer(s) for the Event at Contractor's expense.
6. Horse stalls are on a first come first serve basis, around 50 stalls available, $15/ stall.
7. Camper Spaces available on a first come first serve basis. Available Friday July 22nd and
Sunday, July 24th by 6:30 a.m. $50 per camper space at exhibitors or contractor's expense.
Available Camper spots in F, G, and FS Lots available.
8. If used, Arena Light Usage for Event at Contractor's expense of $150.
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9. All payouts or other prizes to participants for the Event.
10. EMS services as needed or required at Contractor's expense.
11. At the conclusion of the Event, Contractor shall be responsible for cleanup and leaving the
arena and any areas utilized by Contractor or the participants in substantially the same
condition as prior to set-up for the Event. All manure and feedstuffs will be placed in the
manure dump located at the south end of the Horse Barn.
12. 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 the Event. 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 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.
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 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
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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: COUNTY RESPONSIBILITES.
County shall provide the following for the Event:
1. A facility to conduct shooting event at no charge and equipment for preparing the arena for the
Event. Facility shall be available 6:00 am to 6:00 pm the day of the event.
1 a. Equipment and personnel to operate said equipment during event for arena maintenance as
needed during the event.
lb. Properly worked arena ground to protect safety of participants and animals.
1 c. Arena set up prior to event.
2. Access to the JBS Stage at the Greeley Stampede Arena for use of the arena PA System
including cordless microphones, 2 barrels, and access to electric outlets to be used for air
compressors.
3. 5-10 Westgard Livestock Panels.
4. An official Colorado Regulator event Ad in the 2022 Weld County Fair Exhibitor Book.
5. Personnel to clean horse stalls and provide access to water for exhibitors.
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 25, 2022, after the completion of the Event and any
associated clean up or post -Event activities.
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.
As payment for Contractor's performance, Contractor shall receive:
1. All entry fees for the event.
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2. Contractor shall be responsible for all participant payouts for the Event. 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 contractors 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 person(s) arising during the term of this Agreement and
resulting from the 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 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 this 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, along with Exhibit A attached hereto and
incorporated herein by reference, contain 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.
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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, 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
&fr C Cadfo/r
Rick G, Carlson (Jun 12, 2022 15:02 MDT)
Rick Carlson,
President, Colorado Regulators
Date: J u n 12, 2022
WELD COUNTY ATTEST: deatidA) ..d'ok.
Weld C ► Clerk to the B
BY:
Deputy Cl
Controller
ected Official or Department Head
APPROVED AS TO F
APPROVED AS TO FORM:
Cordati,y‘
liaty Attorney
RAyl
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Scott K. James, Chair JUN 2 7 2022
APPROVED AS TO SUBSTANCE:
Page 6 of 7
o.o .22a-/8,37
ATTACHMENT A
2022 WELD COUNTY FAIR
COLORADO REGULATORS RELEASE, HOLD HARMLESS, AND
INDEMNIFICATION
NAME OF PARTICIPANT IN WELD COUNTY FAIR YOUTH RODEO
ADDRESS:
STREET
CITY/TOWN STATE ZIP
PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld County
Fair Colorado Regulators carries with it certain risks of injury, damage, or other loss, including death or
permanent disability. The handling, management, or riding of animals, involves risks to the PARTICIPANT,
or third persons, including, but not limited to, being kicked, bumped, stepped upon, bitten, or thrown by the
animal.
With complete understanding of the risks of participation in the Weld County Fair Colorado
Regulators, PARTICIPANT, or parent/guardian, hereby voluntarily releases and agrees to hold harmless and
indemnify, on his or her own behalf and on behalf of his or her heirs, successors, and assigns, the Fair Board,
its officers, employees, agents, and volunteers; the County of Weld and its employees, officers, and agents;
the Board of County Commissioners of the County of Weld; Weld County Extension and its employees,
officers, and agents (the "Releasees"), from any and all claims and liability, past, present, or future, for any
injury or damage to PARTICIPANT, or to his or her property, resulting from any cause whatsoever occurring
in the course of the Colorado Regulators, excepting only such injury or damage resulting from the willful
and wanton acts of the Releasees. The PARTICIPANT, or parent/guardian, also agrees to hold harmless and
indemnify the Releasees from any and all claims and liability, past, present, or future, for any injury or
damage to third parties, resulting from the negligent or intentional acts of the PARTICIPANT occurring in
the course of the Weld County Fair Colorado Regulators.
PARTICIPANT, or parent/guardian, further understands that the Releasees may be immune to
liability pursuant to C.R.S. §13-21-119, for certain equine activities, or C.R.S. §§ 24-10-101, et. seq., by
virtue of their governmental status. PARTICIPANT acknowledges and agrees that this Release, Hold
Harmless and Indemnification herein stated, is not intended to circumvent, waive, or replace such
immunities.
By signing this Hold Harmless and Indemnification herein stated, the PARTICIPANT and/or
parent/guardian acknowledges that he or she has read and understands all of the provisions contained herein.
Signed this day of , 2022.
Signature of Participant or of Parent or Guardian if Minor
Printed Name
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