HomeMy WebLinkAbout20211599.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR OPEN BOER GOAT
SHOW AT WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - NORTHERN
COLORADO MEAT GOAT BREEDERS 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 Open Boer Goat Show at 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 the Northern Colorado Meat Goat Breeders
Association, 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 Open Boer Goat Show
at 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 the Northern Colorado Meat Goat Breeders 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 21st day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattoj
Weld County Clerk to the Board
County A ttorney
Steve Mor= o, Chair
Date of signature: (')Cn ( D9 I oil
cc:Ex(L.H/ )
07/06/2.1
2021-1599
EX0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Northern Colorado Goat Breeders Show at County Fair
DEPARTMENT:
CSU Extension DATE: June 7, 2021
PERSON REQUESTING: Larry Hooker/ Jenette Masarie
Brief description of the problem/issue:
Needs approval for Northern Colorado Goat Breeders Show during County Fair.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
PSA Attached for Northern Colorado Goat Breeders to have a show during County Fair on Sunday
July 24th- 25th, no costs associated with the show.
Recommendation:
Weld County Fair requests approval to host a Northern Colorado Goat Breeders Show during Fair on
July 24th- 25th.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -tern
Steve Moreno, Chair
Lori Seine
oCO/ a1
Approve Schedule
Recommendation Work Session
Other/Comments:
2021-1599
ExOO3O
2021 WELD COUNTY FAIR
NORTHERN COLORADO MEAT GOAT BREEDERS
PROFESSIONAL SERVICES AGREEMENT •
THIS AGREEMENT is made this a of , 2021, by and between the
Board of County Commissioners of Weld County, Colo r2�do,1150 "0" Street, Greeley, Colorado
80631, hereinafter referred to as the "County," and Northern Colorado Meat Goat Breeders
Association, Donald Johnston, President, PO Box 92, Kersey, CO 80644 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 2021
Weld County Fair forsliAy-241.,-2ftt, at the Island grove Park in Greeley, Colorado, pursuant to
the following terms and conditions: 3u17 2Y-2.20211
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:
24th and 6:00 am — 9:00 pm Sunday, July 25th and a
by 9:00 t on S *i; Ju1 r 25'
ani mat p,'t4 2s . "
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
tot on 'I ct Jul. 17
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7. Contractor are the Northern Colorado Meat Goat Breeders. The Weld County Fair is not
the sponsoring organization and does not take responsibility for the show. The
agreement between the ABGA and Donald Johnston and Jennifer Seltzer as officers of
the Northern Colorado Meat Goat Breeders does not include the Weld County Fair as a
party or a hosting organization.
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9,00pm Frtd , JL4 2�
9:00 pm Saturday, July
imals are out of the barn
i 4599
8. Contractor shall not alter the configuration of the pens in any way (example removing
panels).
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. Adequate amount of shavings will keep the show ring surface in excellent
condition for the Open Boer Goats show, the Northern Colorado Meat Goat Breeders Fed
and Bred show, 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 2021 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 2021 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, 2021. 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
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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
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 -23; 2021. ygr
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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 -it, 2021, upon the completion of the responsibilities
set forth in this Agreement. 2h ' Ate'
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 N.
Financial obligations are contingent upon funds being acquired and budgeted or
otherwise made available.
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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 employ es and servants are independent Contractor 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 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.
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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, 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 the County and Contractor, shall be for the sole and
exclusive benefit of the 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. 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.
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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
Northern Colorado Meat Goat Breeders Assn
Donald Johnston, President
Date: JUN 2 12021 Date: .SAB)z i
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RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE
CHAIR — WELT) COUNTY MEAT GOAT B EDERS
AJU2rH-ORN CoLORApp
A11l ST:
Weld County er to Board��
Deputy Cla Bo
APPROVED AS TO FUNDING;
Controller
APPROVED AS TO FORM:
Co ty Attorney
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Moreno, Chair JUN 2 12021
PROVED AS TO SUBSTANCE:
Elected O ial oartment Head
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