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Home My WebLink About20211873.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR 2021 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 the 2021 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, and Colorado Regulators, commencing upon full execution of signatures, and ending July 25, 2021, 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 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, 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 12th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dettoluAj eido:ok Weld County Clerk to the Board ounty A orney Date of signature: 07/20 /2 Cc : EX(LH /at -k) O7/.21/21 2021-1873 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Colorado Regulators Show Agreement with Weld County Fair DEPARTMENT: Extension DATE: July 6, 2021 PERSON REQUESTING: Larry Hooker/ Jenette Masarie Brief description of the problem/issue: Colorado Regulators would like to have a show during 2021 Weld County Fair on July 24th. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Agreement with Colorado Regulators is attached, the Fair's only costs to this show will be maintenance of arena. Recommendation: Weld County Fair recommends to have Colorado Regulators Show during Fair on Saturday July 24th. Agreement has already been reviewed by legal and was OK with it. Perry L. Buck Mike Freeman Scott K. James, Pro -tern Steve Moreno, Chair Lori Saine Approve Recommendation Schedule Work Session Other/Comments: 2021-1873 0771 £x00.30 2021 WELD COUNTY FAIR COLORADO REGULATORS EVENT PROFESSIONAL SERVICES AGREEMENT ` 74- THIS AGREEMENT is made this f day of 2021 by and between the Board of County Commissioners of Weld County, Color do, 1150 O Street Greeley, Colorado 80632, hereinafter referred to as "County," and Colorado Regulators,, Mike "0Tt* 371 Bellaire Loveland, CO 80537 "Contractor." ONJj 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 2021 Weld County Fair to be held on July 23, 2021 for move -in , show beginning Saturday July 24, 2021 at 6:30 Am. 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, timers, flaggers and judges for the Event and any other personnel needed to produce the Event. 2. Contractor will see that participants comply with Animal Health requirements of the Weld County Fair — that each animal be visually inspected by a licensed veterinarian prior to entering the grounds, shall secure a health certificate and a negative Coggins test within 30 days of event, unless otherwise specified by the County Vet. That will be collected by the contractor and submitted to the fair. 3. 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. 4. Contractor agrees to safely conduct the Event to provide maximum protection for the participants, Contractor Personnel, Weld County Fair staff, and the public. 5. Contractor shallrequire all participants in the Event to read and sign the 2021 WELD COUNTY FAIR COLORADO REGULATORS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION, attached to this Agreement as Attachment A and incorporated herein by reference. 6. Announcer(s) for the Event at Contractor's expense. 7. Horse stalls are on a first come first serve basis, around 70 stalls available, $15/ stall, $20/stall clean up 9if at exhibitor or contractor's expense. 8. Camper Spaces available on a first come first serve basis. Available Friday July 23rd and Sunday July 25th by 8 am $70 per camper space at exhibitors or contractor's expense. 10 Available Camper spots in F Lot available with full hookups $50. $25 for the 6 Page 1 of 6 Grandstand Camper Spots. 9. Arena Light Usage for Event at Contractor's expense of $150. 10. All payouts ar other prizes to participants for the Event. 11. EMS services; as needed or required. 12. At the conclusion of the Event, Contractor shall be responsible for clean up 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. 13. Contractor shall maintain insurance and strictly adhere to the following insurance related requirementsas 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 otherperson in attendance at the Weld County Fair arising out of Contractor's activities. The comprehensive general liability insurance shall be in the following minimtunamounts: 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 bycertified 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. Performarce 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 Page 2 of 6 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 7:00 am to 6:00 pm the day of the event. la. Equipment and personnel to operate said equipment during event for arena maintenance as needed during the event. 1 b. Properly worked arena ground to protect safety of participants and animals. 1 c. Arena set up prior to event. ld. Provide two ticket booth offices on east end of the Grandstands arena. Office area used for recorder and score keepers. 2. Access to the JBS Stage (if up by Fair Time), use of the arena PA System including cordless microphones, 2 barrels and access to electric outlets to be used for air compressors. 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, 2021, 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. 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. Page 3 of 6 SECTION V: INDEPENDENT CONTRACTOR. Pursuant to Workers' Compensation Act 8-40-202(2XbXIV). C.R.S.. as amended. Contractor understands that it and its employees and servants are independent contractors not entitled to workers' compeisathn benefits from County. Contractor further understands that it is solely obligated for the pa)oneat 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 periodvf time as is mutually agreed upon by the parties. In the event such issue is not cured within the cureperiod, 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. 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 Page 4 of 6 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. IT 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 giant 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 voiiver, 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. Page 5 of 6 In Witness Whereof, the parties hereto execute this Agreement on the day first above written. ATTEST: CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR Steve Moreno Chair Date: JUL 122021 ATTEST : ddrildiV v • ; 4. Weld C.0 y Clerk to th_ Board BY: 4.4,_ Mikes President Colorado Regulators Date: -7- - +� ' Page 6 of 6 oW / - /n3 RE: PROFESSIONAL SERVICES AGREEMENT FOR 2021 WELD COUNTY FAIR - COLORADO REGULATORS EVENT APPROVED AS TO SUBSTANCE: (See- PAGE' !o it AG keenle+fz-) Elected Official or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: my Attorney ATTACHMENT A 2021 WELD COUNTY FAIR COLORADO REGULATORS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION NAME OF PARTICIPANT IN WELD COUNTY FAIR 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, far 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 Held Harmless and Indemnification herein stated, the PARTICIPANT and/or parent/guardian acknowlerges that he or she has read and understands all of the provisions contained herein. Signed this day of ,2021. Signature of Participant or of Parent or Guardian if Minor Printed Name Hello