HomeMy WebLinkAbout20192456.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - 5 FLAT PRODUCTIONS, C/O GARY RODARMEL
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 5 Flat Productions,
c/o Gary Rodarmel, commencing from the date of execution by the Board of County
Commissioners, for the 2019 Weld County Fair, and ending July 27, 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 5 Flat Productions, c/o Gary Rodarmel, 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
WD COUNTY, COLO • DO
ATTEST: G. 4' X1O%vk
Weld County Clerk to the Board
BY.
APPROVED AS TO FOR
,46 ,1 County Attorney
Date of signature: 07/174 19
rbara Kirkmeyer, hair
Mike Freeman, Pro -Tern
Steve Moreno
K M)
9--i3-1
2019-2456
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
6. 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.
Sean P. Conway
Scott James
Mike Freeman, Pro-Tem
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation
mc;
fir -
Schedule
Work Session
Other/Comments:
2019-2456
- - /9
2019 WELD COUNTY FAIR
WELD COUNTY FAIR OPEN TEAM ROPING
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this Qv, of , 2019, by and between the
Board of County Commissioners of Weld County, olorado, 1150 O Street, Greeley,
Colorado 80632, hereinafter referred to as "County," and 5 Flat Productions, Gary Rodarmel,
34018 CR 55, Gill, CO 80624, hereinafter referred to as "Contractor."
WITNES SETH, County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree that Contractor shall produce one Roping Event ("the Event") for
the 2019 Weld County Fair to be held on Friday and Saturday, July 26 and 27, 2019 at 4:00
P.M. and lasting at least 6 hours in duration each day, at the Island Grove Park Arena in
Greeley, Colorado, pursuant to the following terms and conditions:
SECTION I - SERVICES AND RESPONSIBILITIES OF CONTRACTOR
1. Provide all livestock needed to produce the Event and all personnel to handle said
livestock.
a. Contractor shall be responsible for all injury to, or loss, of livestock.
b. Contractor shall be responsible for feeding and watering of all livestock. All
animal feed shall be provided at Contractor's expense.
c. Livestock to be used in the Event must be accompanied by an official certificate of
veterinary inspection (health certificate) issued by an accredited veterinarian
within ten days prior to entering the fairgrounds and said certificate along with one
photocopy shall be presented to appropriate Weld County Fair personnel upon
arrival at the fairgrounds.
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 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 2019 WELD
COUNTY FAIR TEAM ROPING 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. Personnel to runs chutes, gates, timers, flaggers and judges for the Event and any other
personnel needed to produce the Event.
7. All payouts or other prizes to participants for the Event.
8. EMS services as needed or required.
9. Panels or gates to divide arena in conjunction with available County equipment.
Removal of panels and gates by 5:00 pm on Sunday, July 28tH
10. 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.
11. 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 from
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. 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.
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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.
For the Event, County shall provide the following:
1. A facility to conduct roping including pens with water for holding livestock and
equipment for preparing the arena for the Event.
2. Marketing support of the Event in 2019 Weld County Fair marketing materials including
possible presence in the fair book, posters, brochures, print material, radio spots and
website presence. The form and extent of such marketing support shall be at the sole
discretion of County.
3. Stalls in the Horse Barn will be available for participants to rent at a rate of $25.00 per
night with a $10.00 clean up fee should you chose to leave the stall uncleaned. The stall
assignments and fee collection will be taken care of at the entry office for the event and a
check issued to Weld County Fair within 15 days of the Event.
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 Sunday, July 28, 2019, 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
Contractor shall receive:
1. All entry fees for the Event.
2. Contractor shall be responsible for all contestant payouts and prizes for the Event.
County shall not be obligated to pay any Contractor costs or expenses not specified in this
Section IV.
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 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, 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
provisions in this Agreement, by and on behalf of County and Contractor, shall be for the
sole and exclusive benefit of County and Contractor.
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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 anti 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,
In Witness Whereof, the parties hereto execute this Agreement on the day first above
written.
ATTEST:
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
566 iv6yrr A(26
CONTRACTO
l
Barbara Kirkmeyer, Chairman Gary Rodar1
5 Flat Productions
Date:
JUN 2 6 2019
Date:
3�
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN 5 FLAT PRODUCTIONS
ATTEST:
dir.A.A) ada,;‘,k.
Weld County Clerk to the Board
BY:
Deputy Cl-; k to the Bo
APPROVED AS TO FUND
Controller
APPROVED AS TO FORM:
/�
unty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkmeyer, Chair J, N 26 2019
APPROVED AS TO SUBSTANCE:
Electe ffici Y r DepartmenttHead
6
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ATTACHMENT A
2019 WELD COUNTY FAIR TEAM ROPING RELEASE, HOLD HARMLESS,
AND INDEMNIFICATION
NAME OF PARTICIPANT IN WELD COUNTY FAIR TEAM ROPING:
ADDRESS:
STREET CITY/TOWN
STATE ZIP
PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld
County Fair Team Roping 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 Team Roping,
PARTICIPANT, or parent/guardian, hereby voluntarily releases and agrees to hold harmless, 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 (collectively 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 event, 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, defend, 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 acts or omissions of the
PARTICIPANT occurring in the course of the Weld County Fair Team Roping.
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 in no way waives or replaces 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.
ATTACHMENT A
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 26th and 27th day of July 2019:
PRINTED NAME SIGNATURE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
ATTACHMENT A
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 26th and 27th day of July 2019:
PRINTED NAME SIGNATURE
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
16.
37.
38.
39.
40.
41.
ATTACHMENT A
RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(continuation of signature page)
The following Participants signed this RELEASE, HOLD HARMLESS AND INDEMNIFICATION on
the 26th and 27th day of July 2019:
PRINTED NAME SIGNATURE
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
__-�"'1 RODARMGA01
' i.CERTIFICATE OF LIABILITY INSURANCE
"
RBEASO
OATE(MMIDDrYYY)
6/14/2019
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(les) 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
Town and Country Insurance, Inc. - Kremmling
PO Box 1060
1116 E Park Ave.
Kremmling, CO 80459
ACT Rebecca Beason
PHONE FAX
(A/C, No, Ext): (970) 724-0505 I ra No):(970) 724-0507
E-MAIL rebecca.beason@tcins.net
INSURER(S) AFFORDING COVERAGE
NAIL •
INSURERA : Nautilus Insurance Company
INSURED
5 FLAT PRODUCTIONS, LLC
34018 County Raod 55
Gill, CO 80624
INSURER B :
INSURER C:
INSURER D:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION 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 POLICES 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
ADDL
INSD
SUBR
VIM
POLICY NUMBER
POLICY EFF
(MM!DDIYYYYI
POLICY EXP
(MMIDDIWW7
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
NC521479
5/4/2019
5/4/2020
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
PREMISESO(Esoccurrrence)
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
X
AGGREGATE
POLICY
OTHER
LIMIT APPLIES
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/OPAGG
$ Included
$
AUTOMOBILE
_
LIABILITY
ANY AUTO
OWNED
AURTEO�S ONLY
AUTOS ONLY
SCHEDULED
AUTOS
A� PATE
COMBINED SINGLE LIME
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY
BODILY INJURY (Per accident)
$
PROPERTY
cidT ntDAMAGE
P r accident)
$
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED I RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPR1ETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED',
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y IN
N IA
I PER
STATUTE
I OTH-
ER
E L EACH ACCIDENT
$
E L DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
Team Roping: Special Event and General Liability
Event Location: Island Grove Regional Park, North 14th Ave., Greeley, CO 80631
Event Dates: 07/26/2019 and 07/27/2019
CERTIFICATE HOLDER
CANCELLATION
Weld County Commissioners
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
/e24562.0.,Ca, 49,2.441490.-
ACORD 25 (2016/03)
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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