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Home My WebLink About20211710.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR HORSE AND CARRIAGE SERVICES AT WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN SHADOWS CARRIAGES, C/O DARIN HENRY 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 an Agreement for Professional Services for Horse and Carriage Services 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 Mountain Shadows Carriages, do Darin Henry, commencing upon full execution of signatures, and ending August 1, 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 Agreement for Professional Services for Horse and Carriage Services 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 Mountain Shadows Carriages, do Darin Henry, 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 30th day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifuiv vi Weld County Clerk to the Board Date of signature: 07/14 /2l cc :Ex (i(OHiar-t) ©7/I. /2P Steve Moreno, Chair S • t K. J., mes, Pro-Te 2021-1710 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Mountain Shadow Carriage Rides Agreement with Weld County Fair DEPARTMENT: Extension DATE: June 22, 2021 PERSON REQUESTING: Larry Hooker/ Jenette Masarie Brief description of the problem/issue: Needs approval for Mountain Shadow Carriages attraction during Weld County Fair What options exist for the Board? (include consequences, impacts, costs, etc. of options): Weld County Fair will pay Mountain Shadow Carriages 4,500 that has already been allocated into our budget. Recommendation: Weld County Fair recommends approval for Mountain Shadow Carriages to come from July 29th - August 1st. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro -tern Steve Moreno, Chair Lori Seine oC'/30 r Schedule Work Session Other/Comments: 2021-1710 J(0030 Weld County Board of Commissioners Mountain Shadow Carriages Professional Services Agreement 2021 Weld County Fair THIS AGREEMENT is made this 3O of j-vn, 2021, by and between the Board of County Commissioners of Weld County, Colorado, whose address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as the "County," and Mountain Shadows Carriages, Darrin Henry, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall provide horse and carriage services to operate continuously during the 2021 Weld County Fair ("Fair") July 29- August 1, 2021, at Island Grove Park in Greeley, Colorado. SECTION I - RESPONSIBILTIES OF CONTRACTOR: 1. Contractor agrees to provide a minimum of 2 horse and carriage units capable of carrying at least 8-12 people. Each horse and carriage unit shall consist of a minimum of 2 horses. a. Contractor agrees to provide rides with the following number of horse and carriage units and hours (dependent on weather and crowd of fairgoers, hours can be adjusted upon discussion with Fair Coordinator): i. Thursday, July 29`h 9:00 am — 7:00 pm with one unit and/or 2 units as needed ii. Friday, July 30`h 9:00 am — 7:00 pm with one unit (there may be a need for 2 units during a portion of the day to be determined jointly by the driver and fair coordinator); iii. Saturday, July 31' 9:00 am — 7:00 pm with one unit and 12:00 noon — 7:00 pm with 2 units as needed iv. Sunday, August 1 8:00 am — 4:00 pm with 2 units v. In the event adequate sponsorship is available Wednesday, July 28th 9:00 am to 5:00 pm. Final notification shall be given by June 12, 2021 b. Contractor may provide rest breaks for the horses to ensure comfort and humane treatment of the horses. Such breaks shall not exceed 1 hour for every 4 hours of work the horses perform unless mutually agreed upon by Contractor and the Fair Board Representatives. When the air temperature is over 85 degrees Fahrenheit, the driver of the wagon has the discretion to give the horses water breaks as needed to safeguard their health and comfort. c. Contractor agrees to safely operate all rides continually through the duration of the Fair and maintain such ride in a safe and proper working condition and provide humane care and treatment of horses pursuant to all laws referred to in Item 3 of this Section. Contractor will provide one driver and one handler for each unit in operation hauling passengers. Just prior to commencing carriage rides, Contractor will provide the Fair with a health inspection paper not more than three (3) days old for each horse. Pending on the severity of VS, health paperwork may be adjusted to ensure the safety of the horses. d. Contractor will provide old hitch wagon; grain wagon and miscellaneous antique western items used for decoration at the Pavilion, used for Fair Award Ceremony. e. Contractor will bring a carriage and conduct a booth to provide a place for families to take pictures of their children in the carriage. Theme of the staged area must be approved with Fair Coordinator. Booth will include "Princess Experience" with costumes to go with it. 1 f. Contingent upon sponsorship: A tractor and wagon to provide rides to and from parking lots on the south side of the Grandstand Arena and to the southwest corner of the Event Center dependent upon the route and destinations most used by fairgoers the following dates and times: i. Wednesday, July 28 8:00 am — 2:00 pm and 5:00 pm — 7:00 pm ii. Thursday, July 29 6:30 am — 2:00 pm and 5:00 pm — 7:00 pm iii. Friday, July 30 7:30 am — 4:00 pm iv. Saturday, July 31 7:30 am — 4:00 pm v. Sunday, August 1 8:30 am —1:30 pm as needed and at other times driver feels there is need to move people. The driver will use their discretion as to the safest route and where riders wish to attend events. Driver will determine need to operate during all time periods based on use. All parties need to be flexible as to times and locations. The base rate is $1,500 total for above listed dates and times. Should the hours required become excessive owner and fair coordinator will negotiate as to reasonable charges in excess of the agreed upon amounts contained herein. 2. Insurance Requirements 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 Contractor beginning performance. 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, 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. Work shall not commence under this Agreement until Contractor has submitted to 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 Workman's 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. 2 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. SECTION II - RESPONSIBILITES OF COUNTY: 1. County agrees to provide and make available at no charge to Contractor, adequate space at Island Grove Park to enable Contractor to provide the services specified in this Agreement. 2. County agrees to provide stalls for the horses needed and two for tack. In the event that the Contractor brings additional horses to the Fair for backup purposes, the County agrees to provide additional stalls needed. There will be no charge to Mountain Shadows Carriages for stalls. 3. Contractor will provide adequate parking spaces for equipment and vehicles. 4. County agrees to provide outdoor display space for horse (in corral) and carriage (not hitched to a horse) for provider to set up an area for fairgoers to get up close to a draft horse and have pictures taken near the horse and in the carriage. 5. County agrees to provide a camping space by the horse barn as needed by Contractor. SECTION III — TERM: The term of this Agreement shall commence upon the date of execution by both the Contractor and County and end on August 1, 2021, conditioned upon the successful 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 pay Contractor $1,500.00 upon acceptance by the Weld County Commissioners and $3,000.000 and the additional $250.00 for extra day contingent upon sponsorship upon satisfactory performance of the Contractor's duties and contingent upon sponsorship $1,500 for the tractor and wagon rides at the end of the Fair on August 1, 2021. County shall not be obligated to pay any further costs or expenses associated with Contractor. SECTION V - INDEPENDENT CONTRACTOR: Contractor acknowledges that it is an independent contractor and that pursuant to Workers' Compensation Act 8-40-202(2X(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 3 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) during the term of this Agreement resulting from Contractor's 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 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 the 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. If the performance 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 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. 4 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 contract 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 In Witness Whereof, the parties hereto execute this Agreement on the day first above written. CONTRACTOR Darin Henry, Ow t e Mountain Shadows Carriages Date: 62/(/ l/ 5 RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN MOUNTAIN SHADOWS CARRIAGES ATTEST: ddrifet) ...IC140; Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk t./ e B BOARD OF COUNTY COMMISSIONERS Steve Moreno, Chair JUN 3 0 2021 APPROVED AS TO FAPPROVED AS TO SUBSTANCE: Controller APPROVED AS TO FORM: 44€1 County Attorney Elected Oial or Department Head 6 020a--/-/7/0 Hello