HomeMy WebLinkAbout20151663.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHOR
IZE CHAIR TO
SIGN -COLORADO REGULATORS
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 Colorado
Regulators, commencing from the date of execution by the Board of County Commissioners, for
the 2015 Weld County Fair, 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 Colorado Regulators, 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 8th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: C,( f�.J • L, hi /
//� arbara Kirkmeyer, a
Weld County Clerk to the Board
l � ' / • Mike Freeman, Pro-Tern
BY: Q,Aa I i / ---__ ,--D /.—.
D ( y Clerk to the :oard
��,� �• , Sean P. Conway
APPROV D AS TO FOR 4)' •
1861teRan Ju ie A. Cozad
County Attorney V«
7)1--(>
`� �� Steve Moreno
Date of signature:
to--4 .; e 1°62, 2015-1663
(F � EX0027
TO: BOCC
„1• • �Y
�j��� —.Ir.- FROM: Frank Haug, Assistant Weld County Attorney
' " 4 [ DATE: May 29, 2015
I.
•
e; SUBJECT: Fair Vendor Contracts
SUMMARY:
Please find attached the contracts for the vendors for the Weld County Fair. In conjunction with Janet
Konkel, we have prepared these contracts and obtained the insurance necessary from these vendors. Each
vendor is required to purchase their own insurance coverage, and to be responsible for their employees and
activities while at the fair. We have outlined each parties' responsibilities with regard to prep and take down of
their events. All contracts are subject to the necessary sponsor funding being obtained.
RECCOMENDATION:
Approve the contracts.
6i&'1) '-'9-- /-• 2015-1663 (I)
2015 WELD COUNTY FAIR
COLORADO REGULATORS EVENT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this ,3% day of //dee.4 , 2015, by and
between the Board of County Commissioners of Weld County, Colorado, 1150 O Street, Greeley,
Colorado 80632, hereinafter referred to as "County," and Colorado Regulators, Dale Klotz,
President, 3704 CR 4, Berthoud, CO 80513 hereinafter referred to as "Contractor."
WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter
set forth, agree that Contractor shall produce one Colorado Regulators at the Weld County Fair
Event ("the Event") for the 2015 Weld County Fair to be held on August 2, 2015, starting at 9:30
A.M. at the Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms and
conditions:
SECTION I: CONTRACTOR RESPONSIBILITIES.
1. Provide all equipment and personnel to manage the Colorado Regulators Event in
compliance with the sanction rules of the Cowboy Mounted Shooting Association.
Personnel to run gates, timers, flaggers and judges for the Event and any other personnel
needed to produce the Event.
2. Contractor will see that participants comply with Animal Health requirements of the Weld
County Fair—that each animal be visually inspected by a licensed veterinarian prior to
entering the grounds, shall secure a vet check slip that will be collected by the contractor
and submitted to the fair.
3. 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 any other sponsors not deemed appropriate by the Weld County Fair
Board.
4. Contractor agrees to safely conduct the Event to provide maximum protection for the
participants, Contractor personnel, Weld County Fair staff, and the public.
5. Contractor shall require all participants in the Event to read and sign the 2014 WELD
COUNTY FAIR COLORADO REGULATORS RELEASE, HOLD HARMLESS, AND
INDEMNIFICATION, attached to this Agreement as Attachment A and incorporated
herein by reference.
6. Announcer(s) for the Event at Contractor's expense.
7. All payouts or other prizes to participants for the Event.
8. EMS services as needed or required.
Page 1 of 5
9. 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. All manure and feedstuffs will be placed in the
manure dump located at the south end of the Horse Barn.
10. 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 out of Contractor'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.
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.
Page 2 of 5
SECTION II: COUNTY RESPONSIBILITES.
County shall provide the following for the Event:
1. A facility to conduct shooting event and equipment for preparing the arena for the Event.
Facility shall be available 8:00 am to 6:00 pm the day of the event.
1 a. Equipment and personnel to operate said equipment during event for arena maintenance as
needed during the event.
lb.Properly worked arena ground to protect safety of participants and animals.
l c. Arena set up prior to event.
2. Marketing support of the Event in 2015 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. Access to the Crow's Nest, use of the arena PA System including cordless microphones, 2
barrels and access to electric outlets to be used for air compressors.
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 August 2, 2015, 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.
As payment for Contractor's performance, Contractor shall receive:
1. All entry fees for the event.
2. Contractor shall be responsible for all participant payouts for the Event.
County shall not be obligated to pay any Contractor costs or expenses not specified in this Section IV.
Financial obligations are contingent upon funds being acquired and budgeted or otherwise made available.
Page 3 of 5
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 this 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.
Page 4 of 5
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, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
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
Barbara r Da a Klotz, President,
Chair Colorado Regulators
Date: JUN 0 8 2015 Date: 3/3/ /
Page S of 5 020/a /6,63O
STAFF APPROVALS FOR PROFESSIONAL SERVICES AGREEMENT- COLORADO
REGULATORS
APPROVED AS TO SUBSTANCE:
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Elected Official or Departmw it Head
N/A
Director of General Services
APPROVED AS TO FUNDING:
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