HomeMy WebLinkAbout20081983.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR RODEO PERFORMANCE
AND AUTHORIZE CHAIR TO SIGN -WILD WEST CATTLE, LLLP
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 Service Agreement for a
Rodeo Performance 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 Wild West
Cattle, LLLP, with 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 Service Agreement for a Rodeo Performance 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 Wild West Cattle, LLLP, 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 16th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
JA l WELD COUNTY, COLORADO
ATTEST: 4.141
is61 .171( ;," Willis H. Jerke, Chair
Weld County Clerk to th o ,' k
,� ,/ &
Rol ert,p. Mapn, Pro-Tem
BY:
Deputy Clerk the Board �f
F. G cia ('
APPR S • c
Davi E. Long
my ttorney
Douglas R emacher
Date of signature: Sifftif
2008-1983
&Tt •
EX0023
Weld County Fair Board
Wild West Cattle, LLLP
Professional Service Agreement
THIS AGREEMENT is made this 10`" of June, 2008, by and between the Board of County
Commissioners of Weld County, Colorado, 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as
"County," and Wild West Cattle, LLLP, hereinafter referred to as "Contractor."
WITNESSETH:
County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows:
SECTION I- SERVICES AND RESPONSIBILITIES OF CONTRACTOR.
Contractor shall produce one rodeo performance ("the Performance") for the 2008 Weld County Fair to be
held on Friday, August 1, 2008, at the Island Grove Park Arena in Greeley, Colorado, at a time set by County.
Contractor shall, as part of producing the Performance, provide the following:
1. The following rodeo stock: Sr. Bulls, Jr. Bulls, Young Gun Bull, Steers, Calves and Sheep, including but
not limited to, all necessary and applicable individuals for the soul purpose and use of said contractor,
understanding all participants are eighteen and older.
2. All draws completed by County and Contractor no later than 5:30 p.m. of said rodeo.
3. Contractor shall be responsible for all feeding and watering of all livestock.
4. Contractor shall be responsible for all injured or loss of livestock.
5. Feed for all livestock.
6. Announcer for rough stock Performances in cooperation with county announcer.
7. Personnel to runs chutes, gates, bullfighters, clowns, timers, naggers and judges for rough stock
Performances only.
8. Contractors shall be responsible for all payouts to contestants for rough stock Performances.
9. EMS services as needed or required.
10. Contractor shall pay all taxes, Island Grove Regional Park user fees, and any other fees associated with
rough stock entries.
11. Food concessions and shall be responsible for all taxes, user fees and permits as required by local
ordinances.
12. Sound system in conjunction with county equipment available.
13. Panels or gates to divide arena in conjunction with county equipment available.
2008-1983
14. All livestock to be used in the Performance for inspection on the trailer before unloading. (The Board of
County Commissioners of Weld County has adopted a new mandatory health inspection upon arrival at
Island Grove Regional Park. The inspection is across all species. The Fair Board will be working in
cooperation with the Colorado State Veterinarians Office, local veterinarians volunteering their time and
efforts, and fair superintendents to achieve a quality service. All animals will be inspected on the trailer
and will not be allowed to unload until they have been inspected. No additional health papers will be
required.)
15. Proof of insurance. Contractor shall furnish a certificate of insurance for commercial general liability,
comprehensive automobile liability, worker's compensation, and professional liability upon notification
of award and prior to performance. Work shall not commence under this Agreement until Contractor
has submitted to the County and received approval thereof, the certificate of insurance showing
compliance with the following types and coverage of insurance.
Comprehensive General Liability Insurance: to include products liability, completed operations,
contractual, broad from property damage and personal injury. Said insurance shall include
coverage for any and all personal injuries to Participants, audience members, and volunteers
arising out of the Performance's activities.
Each Occurrence $1,000,000
General Aggregate $1,000,000
Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired,
leased, or borrowed.
Bodily Injury/Property Damage $1,000,000 (each occurrence)
Personal Injury Protection As Required by Colorado Statutes
Workman's Compensation Insurance: As Required by Colorado Statutes
Contractor's comprehensive general liability, comprehensive automobile liability and workman's
compensation insurance policies and/or certificates of insurance shall be issued to include Weld County
as an "additional insured" and shall include the following provisions:
a. Underwriters shall have no right of recovery or subrogation against the County, it being the
intent of the parties that the insurance policies so affected shall protect both parties and be
primary coverage for any and all losses resulting from the actions or negligence of
Contractor, or injuries arising out of the Performance, as a result of the activities taking place
at the Performance.
b. The insurance companies issuing the policy or policies shall have no recourse against the
County for payment of any premiums due or for any assessments under any form of any
policy.
c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole
risk of Contractor
Each insurance policy herein required 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.
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All insurers of Contractor must be licensed or approved to do business in the State of Colorado.
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 election of the County, maybe 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 the obligations of Contractor concerning indemnification.
SECTION II-RESPONSIBILITES OF COUNTY.
For the Performance, County shall provide the following:
1. Facility to conduct rodeo including pens for holding livestock with water.
2. Personnel and equipment to conduct non rough stock Performances.
3. Announcer for non rough stock Performances in cooperation with contractor provided announcer.
4. Entry gate personnel and cashier to receive all gate entry monies.
5. Inspectors to conduct inspection of all livestock to be used in the Performance on the trailer before
unloading.
SECTION III —TERM.
The term of the agreement shall commence and end on Friday, August 1, 2008.
SECTION IV-PAYMENT AND FEE SCHEDULE
Contractor shall receive:
1. One half of all gate (after Island Grove Regional Park user fees are paid) entries collected during the
Youth Rodeo on Friday, August 1, 2008.
2. All entry fees including: Senior Bull Riding, Junior Bull Riding, Young Guns Bull Riding, Steer Riding,
Calf Riding, Competitive Mutton Bustin', and Recreational Mutton Bustin'. Contractor shall be
responsible for paying the Island Grove Regional Park user fee of$1.50 per entry for rough stock
Performances.
3. Contractor shall be responsible for all contestant payouts for rough stock Performances.
4. Contractor retains all proceeds from food concessions at the rodeo arena and shall be responsible for all
taxes, user fees and permits as required by local ordinances.
5. Entry frees and one half of gate entry fees collected by Weld County Fair shall be sent to Wild West
Cattle, LLLP within 30 days after Performance.
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6. Any entry fees collected by Wild West Cattle, LLLP for any non rough stock Performances shall be sent
to the Weld County Fair within 30 days after Performance.
7. Weld County Fair shall keep entry fees for all other Performances except for those listed in number 2.
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 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.
SECTION VI-INDEMNIFICATION
Contractor agrees to indemnify and hold harmless County, its officers, agents, and employees for, 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) as a result of Contractor's performance or failure to perform pursuant to the terms
of this Agreement.
SECTION VII-TERMINATION
Time is of the essence in the performance 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 Performance
such issue is not cured within the cure period, the aggrieved party may terminate the Agreement and pursue any
remedy recognized by Colorado law.
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. 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, 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. 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.
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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.
In Witness hereof t e pa oo�execute this contract on the day first above written.
ATTEST: J�6
CLERK OF THE BOAR .\ CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
s
Deputy, Cle z to the oardK,j y j' Chair, William Jerke
Date: 07/16/2008 Date: 07/16/2008
Ap ve as to n • CONTRACTOR: ,
i
41
Wel u Attorney's Office '11 West tttle, �LLP
te: 07/16/2008 Date: 7 /e { 1t?
Approv d as to sbs�e:
tuart Geba er
Weld County Fair Board President
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