BOCC MEETING TRANSMITTAL

Transcription

1 BOCC MEETING TRANSMITTAL Submitted By: Division/Elected Office: Strategic Plan Priority # Stoney Field Date Submitted: 3/29/2018 I Fairgrounds/Event Center BOCC Meeting Date: 4/18/2018 #1 - Managed Growth and Economic Development of Montrose County Discussed with County Manager? Date Discussed: Reviewed by County Attorney? Yes Date Reviewed: 3/12/2018 Discussed with Commissioners? If so, when? Is a Public Hearing Required? Does this item require a Resolution? Included in Current Budget? Yes Annual Expense - if no, attach a Budget Amendment Annual Revenue Is this a Grant? County's Match Additional Employees Required? If so, how many? Is this subject to annual renewal? I Yes Fiscal Rule #: Is this a Bid Award? (If yes, attach bid summary) Purchase Amount $19, Regular Agenda or Consent Agenda? Consent Program is New, Ongoing, or Temporary? Temporary Summary (note this text will be used for the BOCC agenda): Possible authorization of the Chairman's signature on an entertainment agreement with Vince Morgan, ASE LLC, to provide family entertainment that includes a freestyle motocross show at the 2018 Montrose County Fair as reviewed by Counsel at a cost to the Fair Board of $19,000.

2 MONTROSE COUNTY FAIR AND RODEO ENTERTAINMENT AGREEMENT Vince Morgan, ASE LLC Tills AGREEMENT for SERVICES, is entered into, effective the day of consideration and approval as given below by the Board of County Commissioners of Montrose County Colorado, by and between the County of Montrose Colorado, acting through the Montrose County Board of Commissioners, a body corporate and politic with administrative offices located at 317 South 2nd Street, Montrose, CO 81401, the Montrose County Fair Board ("Fair Board"), collectively ("County") of the County of Montrose, State of Colorado whose principle address is 317 South 2nd Street, Montrose, CO 81401, and Vince Morgan, doing business as ASE LLC ("Contractor"), whose address is PO Box 973, Eager, AZ 85936, collectively referred to as "Parties"; and provides as follows: RECITALS: Whereas, the 2018 Montrose County Fair and Rodeo (hereinafter "Fair") will be held at the Montrose County Fairgrounds and Event Center located at 1001 rth Second Street, Montrose, Colorado between the dates of July 23, 2018 through July 28, 2018; Whereas, County and Fair Board wish to provide quality production services and performance in support of the family oriented shows and entertainment scheduled for those attending the Fair, and; Whereas, Contractor is in the business of providing quality production services and performance for Freestyle MX Performances of the type County and Fair Board are seeking, and is willing to provide such production services at the 2018 Fair on the dates and times required by the Fair Board, and; Whereas, the Parties wish to enter into this Agreement for Contractor to provide production services and performance for Freestyle MX Performances for the 2018 Fair, NOW THEREFORE, in consideration of the mutual covenants, agreements and stipulations set forth herein, the Parties agree as follows: AGREEMENT: A. TYPE OF SERVICE: The production services and performance by Contractor shall be appropriate for production and performance of Freestyle MX Performances and are described herein. B. DATES, TIME, AND LOCATION OF SERVICES TO BE PROVIDED: Contractor will provide production services and performance of Freestyle M X Performances on July 27, Fair Board will designate the exact Fairgrounds location for setup of the production services and performance. Fair Board will provide a riding area that is safe for the rider(s) and spectators. I.e. no wires above riding area, runway and runout area must be adequate and free of obstacles, level area for both landing and take-off ramp with an area not less than 300 ft. x 30 ft. 1

3 flat, level, rectangular performance area with a ceiling height (if performance is indoors) of no less than 50 ft. C. COMPENSATION: County agrees to pay the total sum of $19, for Contractor's production services and performance. The compensation includes all services, including three performers, take-off ramp, RZR Flip act, announcer, portable landing ramp, and all travel and accommodation expenses. A deposit of $ 2,000.00, is to be paid to Contractor upon execution of this Agreement. The balance due is payable by check upon completion of setup on July 27, D. CANCELLATION: County agrees to compensate Contractor in the full amount set forth in this Agreement, paragraph "C" page 2, should County cancel the performances within 30 days of the scheduled performances, and for reasons within the sole control of County. This agreement is enforceable regardless of weather (rain or shine). Contractor retains the right to delay or cancel said event due to unsafe conditions for audience, production staff, or performers. Contractor is not responsible for "acts of god" (i.e., power failure, severe weather, thunder, fire or hazardous conditions) that may delay or cancel said event. Contractor's compensation shall not be affected by issues with weather, performers or scheduling not within Contractor's control. Should circumstances beyond the control of either Party, including but not limited to Acts of God, force majeure, inclement weather, or other uncontrollable or unforeseen and unforeseeable circumstance, make it necessary for either party to cancel the scheduled concert on July 27, 2018, the Parties will work together in good faith to reschedule the performances during the 2018 Fair at mutually agreeable date and times. Should such unforeseen circumstances occur, the cancelling Party agrees to notify the other, providing as much advance notice as possible, of the need to cancel to allow the performances to be rescheduled, if possible. If Contractor cancels due to non-injury related reasons the Fair Board will not be obligated to pay Contractor. Riders subject to change due to injury or personal reason but replaced with equal or better rider. E. INSURANCE: Contractor must carry the following types and levels of insurance coverage: 1. Comprehensive General Public liability insurance, including personal injury and product liability and property damage, with a combined single limit coverage of at least Six Hundred Thousand Dollars ($600,000) for each occurrence. The policy shall be applicable to all premises and operations. 2. Automobile Liability insurance coverage in accordance with state statutory requirements, with minimum combined single limits for bodily injury and property damage of not less than One Hundred Thousand Dollars ($100,000) each occurrence, and Three Hundred Thousand Dollars ($300,000) aggregate, with respect to each of their owned, hired and non-owned vehicles used by Contractor in the performance of any obligation under this Agreement. The policy shall contain a severability of interests' provision. Coverage must extend to any towed trailer of any type used in conjunction with these vehicles. 2

4 3. If applicable, standard Colorado Workers' Compensation and Workers' Employers Liability Insurance, including occupational disease, covering all individuals engaged in performance of the work under this Agreement in the amount required by State Statutes. if Contractor does not have employees, Contractor must complete a workers' compensation EXEMPTION Form. 4. Personal liability insurance and personal property insurance, including coverage for all equipment owned or leased by Contractor and used in in the performance of work under this Agreement in a combined amount of not less than One Million Dollars ($1,000,000). 5. All required insurance shall include the County and Fair Board as additional insureds. If requested by County and Fair Board, Contractor shall provide Fair Board with certificates of coverage for all required insurance, listing Fair Board and County, and County's elected officials, officers, employees and/or agents, as additional insureds. F. TRANSPORTATION: Contractor is solely responsible for, and shall provide at its own expense, transportation of all equipment and personnel to and from the Fairgrounds. Neither Fair Board nor County shall pay for or reimburse Contractor for any costs of transportation or mileage associated with their provision of production services at the Fair. G. ACCESS/PARKING: Fair Board and County will provide all access necessary for Contractor's personnel to perform their designated duties, including providing access to the venue for setting up equipment on-site in advance of the scheduled concert. Suitable parking will be provided within a quarter mile of the set-up location. H. ON-SITE REPRESENTATIVE: Contractor shall have a representative on-site at the Fairgrounds. Any concerns about the services provided under this Agreement should be addressed to Contractor's representative in a timely manner. The designated on-site representative for the Fair is: I. GENERAL PROVISIONS: 1. The relationship between Contractor and Fair Board and County shall at all times be that of Independent Contractor. employer/employee, master/servant or principal/agent relationship between the Parties is intended or implied by this Agreement. County shall not withhold any required government taxes of any type, whether local, state or federal, from the compensation of any type to Contractor, nor shall Contractor's employees be eligible for benefits of any type ordinarily granted to employees of County. 2. Service under this Agreement shall begin on July 27, 2018, at 12:01 a.m. and terminate on July 28, 2017, at 12:01 a.m., except that if the performances are delayed due to weather until July 28, the Agreement is automatically extended until 11:59 p.m. on July Fair Board is granted exclusive rights to use Contractor's name and performer's likeness for advertising of the performance in regards to the dates specified above. 3

5 4. Contractor may offer CDs, tapes, posters, and other such items for sale at the Performances. County will provide a suitable area with reasonable visibility and accessibility to facilitate Contractor's merchandising. S. Any pyrotechnic device used during this Performance will be subject to applicable fire laws and regulations. Safety of all persons participating in the Performance will be paramount and the Purchaser reserves the right to terminate the use of pyrotechnics during the Performance in the event of any reasonable safety concerns. Any pyrotechnics used will be administered by a qualified person with professional experience in pyrotechnics and must be approved by the Purchaser. The Purchaser will be responsible for obtaining all applicable permits. Violation of this section by a party to this Agreement will give the other party the right to immediate cancellation of the Performance and this Agreement. J. INDEMNIFICATION: Contractor, its agents, and authorized representatives, hereby agree to indemnify, save and hold harmless, Fair Board, both individually and as a body, and Montrose County, its employees, officers, elected officials, volunteers and agents (collectively "County") against any claim or demand of whatever nature and cause, which occurs or is alleged to have occurred as a result of Contractor's actions, and hereby waives any and all claims against Fair Board and County for any damages arising out of, or connected with, use of any County-owned property and/or facilities. Contractor, its agents, individuals and authorized representatives shall hold harmless, indemnify and defend actions asserted as the result of negligence by Contractor. Contractor's obligation to indemnify pursuant to this paragraph shall survive the termination of this Agreement. thing in this Agreement shall be construed to be an admission of fault or liability, and nothing herein shall limit the defenses and immunities legally available to each party as against the other party or others. The provision of this paragraph shall survive the expiration or the termination of this Agreement. K. ASSIGNMENT The services agreed to herein are personal to Contractor. Contractor shall not transfer or assign this Agreement to any other individual or entity without the prior written consent of the Fair Board and County. L. MISCAELLANEOUS 1. This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. 2. thing in this agreement is or shall be construed to be a waiver by Montrose County of the provisions of the Colorado Governmental Immunity Act (C.R.S , et seq.) or the Federal Tort Claims Act (28 U.S.C. 2671, et seq.) as applicable, as now or hereafter amended. 4

6 3. This Agreement is governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be in the 7th Judicial District, Montrose County, and applicable State appellate Courts. 4. The Purchaser and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith. S. Addresses for each of the Parties are: Contractor: County: Vince Morgan Montrose County Fairgrounds ASE LLC Emily Sanchez, Fairgrounds Manager PO Box N. 2nd Street Eager, AZ Montrose, CO Fair Board:, Megan Wilson Fair Board President P.O. Box 3096 Montrose, CO This Agreement may not be amended, altered, modified or extended unless expressly agreed to in writing by both Parties, with the exception of amendments or modifications that may be required by changes in applicable federal, state or local laws and regulations. In the event of any such changes, required modifications are automatically incorporated into and fully made a part of this Agreement as of the effective date of the change or modification. 7. Waiver by the Parties in any manner of any right or remedy for any breach of any provision or requirement under this Agreement shall not be construed to be a waiver of any other term, provision or requirement, or subsequent breach, provision or requirement. 8. This Agreement shall be in effect as of the above date, upon its signing by authorized representatives of the Parties. 9. This Agreement, and any attachments hereto, represents the entire agreement between the Parties. The Parties represent they have full power and authority to enter into this agreement and all of its provisions. Should any of these provisions of this Agreement be invalid or unenforceable, then the balance of this Agreement shall be held to be in full force and effect as though the invalid portion was not included; provided, however, that should the invalidity or unenforceability go to the essence of this Agreement or be of substantial nature, then either Party shall have the option to terminate this Agreement effective upon delivering written notice of termination to the authorized representative of the Parties signing below. 5

7 10. This Agreement may be executed in counterparts, which counterpart signatures, when taken together, shall constitute a single, duly executed. Agreement between the parties hereto. 11. By their individual signatures below, the Parties to this Agreement affirm they have the authority to sign and make binding this Agreement. 12. This Agreement was brought before the Montrose County Board of County Commissioners at a noticed and scheduled public meeting on the clay of. 2018, for consideration of approval. 6

8 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first specified above. ATTEST: MONTROSE COUNTY BOARD OF COUNTY COMMISSIONERS Clerk/Deputy Clerk Date: Keith Caddy, Chairman Date: CONTRACTOR: MONTROSE COUNTY FAIR BOARD: Vince M ASE LLC Date: 3/29/2018 VYtk il2( Auth rized Representative Da 3/Q cffro/ ACKNOWLEDGEMENT STATE OF COUNTY OF SS. The foregoing Entertainment Agreement was signed and acknowledged before me this day of 2018, by Keith Sayers, of KSFMX, Inc. Witness my hand and official seal. My commission expires: [SEAL] tary Public 7