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Home My WebLink About20171930.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - 5 FLAT PRODUCTIONS CIO 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 2017 Weld County Fair, and ending July 30, 2017, 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 28th day of June, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR O ATTEST: ditits4)�• ` • Weld County Clerk to the Board BY: APP • R5L-0.rt2_, y Clerk to the Board County Attorney Date of signature: 71 L°I ll Julie A. Cozad, Chair Steve Moreno, Pro-Tem c—> Sean P. Conway ik- Freeman cc : QKCJK l (5m) $18f(7 arbara Kirkmeyer 2017-1930 EX0029 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Contracts for 2017 Weld County Fair DEPARTMENT: County Attorney Office and Weld County Fair Board DATE: June 16, 2017 PERSON REQUESTING: Karin McDougal and Janet Konkel Brief description of the problem/issue: Enclosed are 12 contracts for vendors at the Weld County Fair which will run from July 26 -June 30, 2017. Only two of the vendors are new, the rest have previously provided services at the fair. The contracts are as follows: 1. Mountain Shadows Carriages by Darin Henry 2. Weld County Meat Goat Breeds Association 3. Prehistoric Adventures - New 4. Inflatable Fun Zone - New 5. Corvettes West Car Club 6. Miniature Horse Association 7. Ranch Sorting National Championship 8. 5 Flat Productions 9. Northern Colorado Draft Horse Association 10. Young Guns Entertainment Corp 11. Colorado Garden Tractor Pullers Association 12. Longs Peak Antique Tractor and Engine Association What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Approve contracts for placement on the June 28th Agenda or request a work session. Recommendation: Approve contracts for placement on the Agenda for June 28, 2017 without work session. The contracts are being reviewed by the County Attorney's Office and Janet Konkel will attend the June 28, 2017 meeting to answer any questions. Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Schedule Work Session Other/Comments: 01017 - / fgDAttzt,- 020/ 7- /9,1 2017 WELD COUNTY FAIR WELD COUNTY FAIR OPEN TEAM ROPING PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this 10 of icpri i , 2017, by and between the Board of County Commissioners of Weld County, Colorado, 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 2017 Weld County Fair to be held on Friday and Saturday, July, 28th and 29th 2017 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 a 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 2017 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. 2017-1930 C/) 6. Personnel to runs chutes, gates, timers, flaggers and judges for the Event and any other personnel needed to produce the Event. 1 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 30th 10. At the conclusion of the Event, Contractor shall be responsible for clean up 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. 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 2017 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. 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 30, 2017, 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 3 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 CO) 4MISSIONERS CONTRACT R: ulie Cozad, Chair Date: :ells 2 g 2017 Gary Rodarmel 5 Flat Productions Date: 11—lQ fl 5 ATTACHMENT A 2017 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 28th and 29th day of July 2017: 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 28th and 29th day of July 2017: 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 28th and 29th day of July 2017: PRINTED NAME SIGNATURE 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. RODARMGA01 RBEASON CORE) CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 06/05/2017 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 Town and Country Insurance, Inc. - Kremmling PO Box 1060 1116 E. Park Ave. Kremmling, CO 80459 INSURED 5 FLAT PRODUCTIONS, LLC 34018 County Road 55 Gill, CO 80624 CONTACT Rebecca Beason NAME: PHONE (A/C No Ext): (970) 724-0505 Ai JEss. rebecca.beason@tcins.net INSURER(S) AFFORDING COVERAGE INSURER A: Nautilus Insurance Comapny INSURER B : INSURER C : INSURERD : INSURER E : INSURER F : FAX (A/C, No): (970) 724-0507 NAIC # • ION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH TYPE OF INSURANCE OF PERTAIN, POLICIES. ADDL INSD INSURANCE SUER WVD LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i POLICY EFF I POLICY EXP - POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY I OCCUR X NN766778 EACH OCCURRENCE 1,000,000 100,000 $ _ CLAIMS -MADE ILX 05/04/2017105/04/2018 05/04/2018 ,. i DAMAGETO RENTED PREMISES (Ea occurrence) GEN'L X MED EXP (Anyone person) $ 5,000 ''. PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY , i P i j L0C , JEL�T OTHER: ! ' GENERAL AGGREGATE $ 2,000 000 e-- PRODUCTS - COMP/OP AGG $ Included $ AUTOMOBILE - - _. LIABILITY ANY AUTO OWNED- I SCHEDULED AUTOS ONLY I AUTOS AUTOS ONLY -_.,I AUTO -Q ONEY a COMBINED SINGLE LIMIT (Ea accident) -_- BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE - - (Per t) $ $ $ I UMBRELLA LIAB EXCESS LIAB DED 1 RETENTION l OCCUR CLAIMS -MADE $ ! EACH OCCURRENCE AGGREGATE11 $ ., $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �, / N ANY PROPRIETOR/PARTNER/EXECUTIVER gE YIPR (Mandatory in NH) — If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER I EERH i _STATUTE 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 Date: 07/28/2017 and 07/29/2017 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 /6-4447 Cr' (7. G/ Q.as.e. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - 5 FLAT PRODUCTIONS BY GARY RODARMEL ATTES daefik) sid4o;t1 Weld ' ou ,, Clerk to the Board BY: Deputy CI'rk t• the B APP VEDAS FyNDING: LZ Controller APPROVED AS TO FORM: 4o1 unty Attorney BOARD OF COUNTY COMMISSIONERS WELD ClUNTY, CO ORADO Julie A. Cozad, Chair�JUN 2 8 APPRO ED AS TO SUBSTANC Elected Official or Depaent Head 020/7- /9.30 (' ) Hello