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Home My WebLink About20162016.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - MISS BOWS MESSY MANIA 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 the Miss Bows Messy Mania, commencing from the date of execution by the Board of County Commissioners, for the 2016 Weld County Fair, and ending July 31, 2016, 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 the Miss Bows Messy Mania, 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 27th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtcL/ arE ,cAs Weld County Clerk to the Board BY: 0_kz t /�/ y Clerk to the Board a County At orney Date of signature 7 / a©(OO,(O Gc; E.XC0-K),co-6E1-) '1/00( (@ O ICo Mike Freeman, Chair Sean P. Conway, Pro-Tem 2016-2016 EX0028 Weld County Board Of Commissioners Miss Bows Messy Mania Professional Services Agreement 2016 Weld County Fair THIS AGREEMENT is made this ot171 day of 2016, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O reet, Greeley, Colorado 80631, hereinafter referred to as "County," on behalf of the Weld County Fair Board, and Miss Bows Messy Mania, Holly Kennedy, 115 Franklin, Street, Rapid City, SD 57701, hereinafter referred to as "Contractor." WITNES SETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: SECTION I - SERVICES AND RESPONSIBILITIES OF CONTRACTOR Contractor shall provide all necessary equipment and supplies to provide entertainment, balloon art and temporary tattoo depending on the size and age of the crowd. Contractor shall have control over their performance and entertainment. In the event adequate sponsorship is available July 27`h 9:00 am to 4:00 pm at $625.00 will be a part of this agreement. Final notification shall be given by June 15, 2016. 1. Miss Bows Messy Mania shall be open to the public for a maximum of 7 hours per day. Hours of 9:00 am to 4:00 pm would be ideal. 2. The Contractor shall not charge any member of the public for participating in the Event and the only compensation Contract shall receive is detailed in Section IV of this Agreement. 3. Contractor shall, as part of putting on the Event, be responsible for providing the following: a. all equipment and supplies necessary to produce the Event. b. Insurance Requirements. i. Commercial General Liability Insurance. Contractor shall furnish to County a certificate of insurance for commercial general liability upon notification of award and prior to 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 out of the Event's activities. The comprehensive general liability insurance shall be in the following minimum amounts: Each Occurrence $1,000,000 General Aggregate $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 the County and received approval thereof 1 2016-2016 (1) ii. All insurers of Contractor must be licensed or approved to do business in the State of Colorado. iii. 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. iv. 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. v. 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 County shall provide the following to facilitate the Event: 1. An area at Island Grove Regional Park sufficient for Contractor to operate 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 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 rrf Contractor shall receive a total payment off -our thousand dollars ($2,500.00) for putting on the Event pursuant to the terms of this Agreement. Payment shall be made upon satisfactory completion of the last day of the Event on July 31, 2016, and any associated clean up or post -Event activities. In the event adequate sponsorship is available July 27th 9:00 am to 4:00 pm at $625 will be a part of this agreement. Final notification shall be given by June 15, 2016. In the event Contractor does not perform the Event as specified in this Agreement for the full four days, July 28 -31, 2016, Contractor shall be paid $625.00 for each full day upon which the Event was performed pursuant to the terms of this Agreement. Contractor shall not be paid for partial days. Apart from the compensation listed in this section, County shall not be obligated to pay any furthercosts or expenses associated with Contractor or the Event. Financial obligations are contingent upon funds being acquired and budgeted or otherwise made available 2 020//- °UGC/% SECTION V - INDEPENDENT CONTRACTOR Pursuant to the Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended, Contractor acknowledges that it is an independent contractor and that Contractor and its employees and servants are 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) 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 the Event 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 of another 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 contains the entire understanding of the parties hereto and neither it, no 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. Priority of Interpretation: The provisions of this Agreement shall govern the relationship between County and Contractor. Should a conflict in any provisions of this Agreement and Exhibit A be identified, the terms of this Agreement shall take precedence over conflicting terms in Exhibit A. 3. 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 the County and Contractor, shall be for the sole and exclusive benefit of the County and Contractor. 3 4. 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. 5. 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. 6. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 7. 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. 8. Non -Assignment. The rights and responsibilities of either party pursuant to this Agreement are not assignable without prior written permission from the other party. 9. 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. 10. 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, 11. Hiring practices. Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E - Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file 4 copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. In Witness Whereof, the parties hereto execute this contract on the day first above written. ATTEST: CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CON Mike Freeman, Chair JUN 272016 Date: oily ne i y Miss Bows Messy Mania Date: 5 otoga- RE: PROFESSIONAL SERVICES AGREEMENT - MISS BOWS MESSY MANIA ATTEST: diddit) Weld . unty Clerk to the Board WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY: Deputy AP Controller APPROVED S TO FORM: County Attorney ike Freeman, Chair JUN 2 7 f016 ROV. D AS TO SUBSTANCE: /74 ected Official or Depart y- nt Head Director of General Services MTG AGENT COPY JUNE 09, 2016 AGENT: FA2C/6196 POLICY#: 91 -BB -D254-7 F BUSINESS - MISC KENNEDY, HOLLY 115 FRANKLIN ST RAPID CITY, SD 57701-3738 PHONE#: (H) 605-430-6445 ***** DUPLICATE REQUEST ***** Eff date:(06/01/16) Curr date: (06/01/16) Time: (04:31 PM) **ADDITIONAL INTEREST CHANGES** Rnwl bill to: (insd ) End bill to: (insd ) Change: (add ) Type: Subset #: ( ) Loan #: JOHNSON, JEFFREY D 605-791-3333 INITIALS(TP ) Add'? Interest Name & Address: (N)(WELD COUNTY FAIR (A)(1150 O ST ) ) ( ) ( ) ( )( ) ) ( ) ( ) City: (GREELEY ) St: (CO) ZIP: (80631-9596) KENNEDY, HOLLY 115 FRANKLIN ST RAPID CITY SD 57701-3738 Type: BUSINESS - MISC Coverage information B-BUSN PROP 1400 LOSS INC 12 MONTH L-BUSN LIAB GEN AGGREGT PCO AGGREGT M-MED/PERSN 1000000 2000000 2000000 5000 Prev risk: 0 Fire Policy Status JUNE 09, 2016 H Ph. (605)430-6445 FIRE Policy: 91 -BB -O466-6 F Yr issd: 2011 Xref: Location: 115 FRANKLIN ST RAPID CITY SD Term: 1 YR PP BPC: Businessowners Policy Premium: Amount paid: Date paid: Bill to: Renew date: JUN -15-16 240.00 Written date: JUN -15-11 240.00 SEP-03-15 INSD Prey prem: 0 Deductibles applied: 500 ALL PER OTHER DED MAY APPLY Messages: Source: E Year built: 1947 Zone: 08 Sub zone: 08 Move -in: N Constr: FRAME YRBUS $ 7 /RENYR $ 7 CHR C 20.0% 57701 Fire Policy Status COVERAGE TITLES Arson Reward Collapse Damage To Non -Owned Buildings From Theft, Or Robbery *Damage To Premises Rented To You Debris Removal Equipment Breakdown Fire Department Service Charge Fire Extinguisher Systems Recharge Expense Forgery Or Alteration Glass Expenses Increased Cost Of Construction And Demolition Costs (applies only when buildings are insured on *Inland Marine - Computer Property *Inland Marine - Computer Property Loss And Extra Expense Money Orders And Counterfeit Money JUNE 09, 2016 LIMIT $5,O00 Included Burglary Coverage B Limit DEDUCT $0 $500 $500 $300,000 $0 25% of covered los $500 Included $500 $2,500 $0 $5,000 $0 $10,000 $500 Included $500 10% $500 $25,000 Of Income $25,000 $1,000 $500 $0 $500 Fire Policy Status COVERAGE TITLES Newly Acquired Business Personal Property (applies only if this policy provides Coverage B - Business Newly Acquired Or Constructed Buildings (applies only if this policy provides Coverage A - Building Ordinance Or Law - Equipment Coverage Personal Effects (applies only to those premises provided Coverage B - Business Personal Property) *Personal Property Off Premises Pollutant Clean Up And Removal Preservation Of Property Water Damage, Other Liquids, Powder Or Molten Material Damage LOCATION 0001 *Accounts Receivable *Money And Securities (Off Premises) *Money And Securities (On Premises) *Outdoor Property LOCATION *Property provided *Seasonal *Signs *Valuable 0001 Of Others (applies only to those premises Coverage B - Business Personal Property) Increase - Business Personal Property Papers And Records JUNE 09, 2016 LIMIT $100,000 $250,000 Included $2,500 $15,000 $10,000 30 Days Included LIMIT $10,000 $2,000 $5,000 $5,000 LIMIT $2,500 25% $2,500 $10,000 DEDUCT $500 $500 $500 $500 $500 $500 $500 $500 DEDUCT $500 $250 $250 $500 DEDUCT $500 $500 $500 $500 JUNE 09, 2016 PROPERTY LOCATIONS L0C CMPX ADDRESS LIABILITY STCLS BLD AMT CONTENTS PREMIUM EXPOSURE LIMIT PREMIUM 001 115 FRANKLIN ST RAPID CITY SD 57701 273 1400 54 28000 1000000 186 KENNEDY, HOLLY 115 FRANKLIN ST RAPID CITY SD 57701-3738 Type: BUSINESS - MISC Coverage information B-BUSN PROP 1500 LOSS INC 12 MONTH L-BUSN LIAB GEN AGGREGT PCO AGGREGT M-MED/PERSN Prev risk: 1000000 2000000 2000000 5000 0 Fire Policy Status JUNE 09, 2016 H Ph. (605)430-6445 FIRE Policy: 91 -BB -D254-7 F Yr issd: 2011 Xref: Location: 115 FRANKLIN ST RAPID CITY SD Term: 1 YR PP BPC: Businessowners Policy Renew date: JUN -15-17 Premium: 290.00 Written date: JUN -15-11 Amount paid: Date paid: Bill to: 290.00 JUN -03-16 INSD Prev prem: 0 Deductibles applied: 500 ALL PER OTHER DED MAY APPLY Messages: Source: E Year built: 1947 Zone: 08 Sub zone: 08 Move -in; N Constr: FRAME YRBUS $ 9 /RENYR $ 8 CHR C 20.0% 57701 Fire Policy Status COVERAGE TITLES Arson Reward Collapse Damage To Non -Owned Buildings From Theft, Or Robbery *Damage To Premises Rented To You Debris Removal Equipment Breakdown Fire Department Service Charge Fire Extinguisher Systems Recharge Expense Forgery Or Alteration Glass Expenses Increased Cost Of Construction And Demolition Costs (applies only when buildings are insured on *Inland Marine -- Computer Property *Inland Marine - Computer Property Loss And Extra Expense Money Orders And Counterfeit Money JUNE 09, 2016 LIMIT $5,000 Included Burglary Coverage B Limit DEDUCT $0 $500 $500 $300,000 $0 25% of covered los $500 Included $500 $2,500 $0 $5,000 $0 $10,000 $500 Included $500 10% $500 $25,000 Of Income $25,000 $500 $0 $1,000 $500 Fire Policy Status COVERAGE TITLES Newly Acquired Business Personal Property (applies only if this policy provides Coverage B - Business Newly Acquired Or Constructed Buildings (applies only if this policy provides Coverage A - Building Ordinance Or Law - Equipment Coverage Personal Effects (applies only to those premises provided Coverage B - Business Personal Property) *Personal Property Off Premises Pollutant Clean Up And Removal Preservation Of Property Water Damage, Other Liquids, Powder Or Molten Material Damage LOCATION 0001 *Accounts Receivable *Money And Securities (Off Premises) *Money And Securities (On Premises) *Outdoor Property LOCATION *Property provided *Seasonal *Signs *Valuable 0001 Of Others Coverage B Increase - Papers And JUNE 09, 2016 LIMIT $100,000 $250,000 Included $2,5O0 $15,000 $10,000 30 Days Included LIMIT $10,000 $2,000 $5, 000 $5,000 LIMIT (applies only to those premises $2,500 - Business Personal Property) Business Personal Property 25% Records $2,500 $10,000 DEDUCT $500 $500 $500 $500 $500 $500 $500 $500 DEDUCT $500 $250 $250 $500 DEDUCT $500 $500 $500 $500 JUNE 09, 2016 PROPERTY LOCATIONS LOC CMPX ADDRESS LIABILI'T'Y STCLS BLD AMT CONTENTS PREMIUM EXPOSURE LIMIT PREMIUM 001 115 FRANKLIN ST RAPID CITY SD 57701 273 15O0 69 28000 1000000 221 Hello