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Home My WebLink About20192454.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Fair Board, and Weld County Meat Goat Breeders Association, commencing from the date of execution by the Board of County Commissioners, for the 2019 Weld County Fair, and ending July 21, 2019, 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Fair Board, and Weld County 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 26th day of June, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: oard APPROVED AS TO FORM: Acc4.County Attorney Date of signature: i1L4Il-- rbara KirkmeyerJ, Chair rct4L2,_. Mike Freeman, Pro -Tern EXCUSED an 'i. Conw K. James teve Moreno c� EXCUE.( t5m) 2019-2454 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Contracts for 2019 Weld County Fair DEPARTMENT: County Attorney Office and Weld County Fair Board DATE: June 17, 2019 PERSON REQUESTING: Karin McDougal and Jenn Eastwood Brief description of the problem/issue: Enclosed are 10 contracts for vendors at the Weld County Fair which will run from July 24 — July 28, 2019. The contracts are as follows: 1. Corvettes West Car Club 2. Longs Peak Antique Tractor and Engine Association 3. Mountain Shadows Carriages by Darin Henry 4. Northern Colorado Draft Horse Association 5. JC McDowell DBA Young Guns Entertainment Weld County Meat Goat Breeds Association 7. Mini Tractor Pullers of America - new 8. 5 Flat Productions 9. The Weathered Oak - new 10. Airbound - new What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Approve contracts for placement on the June 26th Agenda or request a work session. Recommendation: Approve contracts for placement on the Agenda for June 26, 2019 without work session. The contracts are being reviewed by the County Attorney's Office and Jenn Eastwood will attend the June 26, 2019 meeting to answer any questions. Approve Recommendation Sean P. Conway Scott James Mike Freeman, Pro-Tem Barbara Kirkmeyer, Chair Steve Moreno Schedule Work Session Other/Comments: 2019-2454 X 0030 2019 WELD COUNTY FAIR WELD COUNTY MEAT GOAT BREEDERS PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this ov_o of Board of County Commissioners of Weld County, C 80631, hereinafter referred to as the "County," and Association, Donald Johnston, President, PO Box 92, Kersey, CO 80644 hereinafter referred to as the "Contractor." , 2019, by and between the rado, 915 10th Street, Greeley, Colorado eld County Meat Goat Breeders 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 2019 Weld County Fair from July 20 through July 21, 2019, 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 Saturday, July 20th and 6:00 am — 9:00 pm Sunday, July 21St and see that all animals are out of the barn by 9:00 pm on Sunday, July 21St 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 21St 7. Contractor are the Weld County 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 Weld County Meat Goat Breeders does not include the Weld County Fair as a party or a hosting organization. 1 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 Weld County 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 2019 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 2019 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 1, 2019. 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 $500,000 $500,000 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. 2 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 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 22, 2019. 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 21, 2019, 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. 3 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 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. 4 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 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. 5 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: 56e 1.16)1:r Barbara Kirkmeyer, Chair Weld County Meat Goat Breeders Assn. Donald Johnston, President Date: JUN 2 6 2019 Date: Y'' 0) )1 6 RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR - WELD COUNTY MEAT GOAT BREEDERS ATTEST: ddrAtA) 'e1 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Deputy Cle APPROVED AS TO FUNDING; avaaJa Controller APPROVED AS TO FORM: .inc (64 my Attorney WELD COUNTY, COLORADO Barbara Kirkmeye , Chair N 2 6 2019 APPROVED AS TO SUBSTANCE: Elected OffipM or Department Head 7 ao/9-a�s�C) '`,R L CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 06/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Jackson Insurance Agency LLC 330 W. Main St. Sterling CO 80751- INSURED Weld County Meat Goat Breeders Go Jennifer Seltzer 33641 WCR 83 Briggsdale CO 80611- CONTACT NAME: (AJDNn, get). (970)522-0672 (AIC,No):(970)522-0677 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Secura INSURER B : 22543 INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR 'sign wvn POLICY NUMBER POLICY EFF POLICY EXP IMMIDD/YYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL X LIABILITY OCCUR 20-CP-3286136 05/04/2018 05/04/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE DAMAGE TO RENTED PRFMISFS (Fa occurrence) 100,000 $ MED EXP (Any one person) $ EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PRO- POLICY JECT OTHER PER: LOC PERSONAL 8 ADV INJURY GENERAL AGGREGATE $ 1,000,000 $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Fa accident) $ BODILY INJURY (Per person) $ (Per INJURY$ accident) PROPERTY DAMAGE -(Peraccident( $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N N / A PER OTH- STATUTE FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Mea Goat Breeders Show CERTIFICATE HOLDER CANCELLATION Al 004862 Weld County Weld County Fair Po Box 758 Greeley, CO 80632 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello