HomeMy WebLinkAbout20181975.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 2018 Weld County Fair, and ending July 29, 2018, 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 25th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: G. JCLto;ei
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
AP "D AS T
Count Attorney
Date of signature: 07-017-18
Steve Moreno, Chair
Barbara Kirkmeyer, P o-Tem
nway
266, d
Julie A. Cozad
Mike Freeman
CC: EX (Kni/.TK)
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2018-1975
EX0030
2018 - Overview of Fair Agreements
Company
Terms
Insurance
Comments
Longs
Peak
Antique
Tractor
0449/
and
7
• / ?5Y
Engine Assn.
No
change
in agreement
from 2017
Yes
Meat
Goat
Breeders
fit?-lO/41
Boer Goat Show
O
No
change
in agreement
from 2017
yes
Prehistoric
Adventures
ao17.. t9'3 '
No
change
in agreement
from 2017
— agreement
is in the
mail
yes
Added
a day
Young
Guns
Entertainment
°Unn a / cja/!
No
change
in agreement
from 2017
yes
Northern
Colorado
4:201
Draft
7- 1957
Horse Association
No
change
in agreement
from 2017
yes
Open
Team
Roping
aai ?a �q3D
No
change
in agreement
from 2017
pending
Ranch
Sorting
National
CPiam
Q(17-1937
p
No
change
in agreement
g g
from 2017
Renews 6 29
/
ionshi
p
Rocky
Mountain
Minis
No
change
in agreement
from 2017
— new show
manager
yes
Changed
date
of
show
Corvettes
West
Car Club
acn ?- 1 ?St
No
change
in agreement
from 2017
— new show
manager
pending
Mountain
Shadows
Carriages
va 017a (93
No
change
in agreement
from 2017
yes
Big Air Jumpers
New
provider
— got references
— all
paperwork
in good
order
1
yes
New
provider
— new activity
CK
to
trlY5 'NY"
Conway
Cozad
Freeman
Kirkmeyer
Moreno
•2018 WELD COUNTY FAIR
WELD COUNTY FAIR OPEN TEAM ROPING
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made thisof, 2018, 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 2018 Weld County Fair to be held on Friday and Saturday, July 27 and 28, 2018 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 2018 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.
2018-1975 (I)
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 29th.
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.
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 2018 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 29, 2018, 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
3
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.
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 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 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 CONTRACTOR:
CU/0(2
Steve Moreno, Chairman Gary Ro arm
5 Flat Productions
Date:
Date: 3 -3D -1B
5
72d /g. /f 75 6)
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN 5 FLAT PRODUCTIONS
ATTEST: d1/ ;(4,
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy C rk o the
Steve Moreno, Chair JUN 2 5 2018
APPROVED AS TO FUNDING; APPROVED AS TO SUBSTANCE:
Controller
APPROVED AS TO FORM:
County Attorney
eimef ( Yv14
Elected Official or Depart n nt Head
6
02,6/8- /97�6)
ATTACHMENT A
2018 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 27th and 28th day of July 2018:
PRINTED NAME SIGNATURE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
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'`GREY CERTIFICATE OF LIABILITY INSURANCE
RBEASO
DATE (MMIDDIYYYY)
Q5/17r2a1 s
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 pollcy(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
CONTACT Rebecca Beason
NAME
PHONE a Exr) 70 724 0505 i FAX
E(9(AIX, No)
-MAIL rebecca.beason@tcins,net
aoDREss:
(970 ) 724-0507
INSURER(S), AFFORD' NGCOVERAGE
NAIL#
INSURERA : Nautilus Insurance Comapny
INSURED
5 FLAT PRODUCTIONS, LLC
34018 County Road 55
Gill, CO 80624
INSURER B :
INSURER C
INSURER D
INSURER,E :
- .... INSURER F :.
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SKIN M:IIM Fi I -K•
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 POLIC ES 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
SUER
wvD
POLICY NUMBER
POLICY EFF
IMM/DDINYY)
POLICY EXP
IMMIDD/YYYYI
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
CLAIMS- MADE
X
OCCUR
X
NN916300
05/04/2018
05/04/2019
D
DAMAGE TO RFceurr 100,000
PREMISES (Ea occurrence)
MED ESP (Arty one person) I $ 5,000
PERSONAL &ADV INJURY $ 1,000,000
GENII.
GENII.
AG'GREG;ATE LIMIT APPLIES PER :
GENERAL AGGREG.AT'E
$ Z,OOO O00
X
POLICY
JECrT.
LOC
PRODUCTS-COMPIOPAGG
$ Included
OTHER.
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
$
ANY AUTO
BODILY INJURY (Per person)
$
OWNED
F---
SCHEDULED
AUTOS
HOD IL INJURY (Per accident)
$
ALITt. S ONLY
JEp
AiQTO ' ONLY
PROPERTY DAMAGE
'Per PERT nt
$
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
EXCESS LIAR
CLAIMS -MADE
AGGREGATE..._......_--
DED
RETENTION $
___.._ ...................._.__..__—_-_
$
WORKERS COMPENSATION.
i PERTUTE i
ETH-
AND EMPLOYERS' LIABILITY
ANY CPROPRIETOR/PARTNER/EXECUTIVE
(MNaFndatary M R EXCLUDED?
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$_.__.... .......__ .—
$
It yes describe under
DESCRIPTION OF OPERATIONS below
EL DISEASE - FOLICYLIM IT
$
DESCRIPTION OF OPERATIONS I 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 Date: 07/27/2018 and 07/28/2018
Weld County Commissioners
PO Box 758
Greeley, CO 80632
I
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 r
, eite,�2e a... G'2CLd-dlZ-
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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