HomeMy WebLinkAbout20251800.tiffResolution
Approve Professional Services Agreement for Team and Breakaway Roping Events
at 2025 Weld County Fair, and Authorize Chair to Sign — 5Flat Productions
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 for
Team and Breakaway Roping Events at the 2025 Weld County Fair between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the CSU Extension Service of Weld County / Fair Board, and
5Flat Productions, commencing upon full execution of signatures, and ending July 27,
2025, 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 for Team and Breakaway Roping
Events at the 2025 Weld County Fair between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the CSU
Extension Service of Weld County / Fair Board, and 5Flat Productions, 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 Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 25th day of June, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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2025-1800
EX0031
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BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: 2025 WCF Team Roping
DEPARTMENT: Extension
PERSON REQUESTING: Mikayla Gabel
DATE: 06/13/2025
Brief description of the problem/issue:
Weld County Fair Board has approved the Team Roping for the 2025 Fair.
What options exist for the Board?
Approve/Don't Approve Contract
Consequences:
We would have to look for a new service provider for Entertainment
Impacts:
Component of putting on the Weld County Fair and adding Events and Entertainment to the public.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
Contract is attached. Cost is producing a team roping at no cost for the grounds or facilities.
Recommendation:
Weld County Fair Board recommends 5 Flat Productions to produce a Team Roping during the 2025 Fair. This contract has been approved by legal.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
2025-1800
6—X0031
Weld County Board of Commissioners
And 5Flat Productions
Professional Services Agreement 2025 Weld County Fair
THIS AGREEMENT is made this of , 2025, by and between the Board of County
Commissioners of Weld County, Colorado, whose address is 1150 "O" Street, Greeley, Colorado
80631, hereinafter referred to as the "County," and 5Flat Productions, whose address is 34018
County Road 55, Gill, CO 80624. Hereinafter referred to as the "Contractor."
WITNESSETH: County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree that Contractor shall provide cattle, sign up contestants, and provide
office secretaries for roping Events at the Weld County Fair, with Team Roping on July 26, 2025,
(the "Event") at the Island Grove Park Arena in Greeley, Colorado, pursuant to the following terms
and conditions:
SECTION I — RESPONSIBILTIES OF CONTRACTOR:
1. Contractor will provide 30-50 head of cattle for the Team Roping.
2. Contractor will sign up contestants for the Events, as well as provide secretaries for the
roping.
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 provide Announcer{s) for the event at Contractor's expense.
5. Contractor shall provide EMS services as needed or required at Contractor's expense.
6. At the conclusion of the Events, Contractor shall be responsible for cleanup 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.
7. Contractor agrees that event participants/contestants shall be required to sign a Release,
Hold Harmless, and Indemnification agreement prior to participation in the
activities/events. This agreement is attached and incorporated herein as Attachment A.
8. Contractor agrees that outside alcohol is not permitted on the grounds.
Insurance Requirements
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
Contractor beginning performance. 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, 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
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, its elected officials, employees, and volunteers 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 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
Workman's 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. The County requires Contractor to provide proof of the insurance coverage or policies
required herein prior to contract fulfillment. A Certificate of Insurance (COI) may be
presented as proof of insurance. 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:
1. County agrees to provide and make available at no charge to Contractor, adequate space at
Island Grove Park to enable Contractor to provide the services specified in this Agreement.
2. Equipment and personnel to operate said equipment during Events for arena maintenance as
needed.
2
3. Properly worked arena ground to protect safety of participants and animals.
4. County will provide adequate parking spaces for equipment and vehicles.
5. Arena set up prior to Events.
6. County will provide access to the JBS Stage at the Greeley Stampede Arena for use of the
arena PA System including cordless microphones, and access to electric outlets to be used for
air compressors.
7. County will provide pens to hold the 30-50 head of cattle for the Events.
SECTION III — TERM:
The term of this Agreement shall commence upon the date of execution by both the
Contractor and County and end on July 27, 2025, conditioned upon the successful completion of
the responsibilities set forth in this Agreement.
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:
Team Roping Event will be provided as in -kind exchange for use of Fair facilities and assistance
as detailed in Sections I and II of this agreement.
SECTION V - INDEPENDENT CONTRACTOR:
Contractor acknowledges that it is an independent contractor and that 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 the 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.
3
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 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 the 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. If the performance 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, 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.
4
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 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.
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.
CONTRACTOR
kacee Roolaned
Kacee Rodarmel (Jun 13, 2025 05:22 MDT)
5 Flat Productions, Owner
Date: 06/13/2025
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board / �!"''~�r� L B �tk, Chair
d.tritiA)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
5
JUN 2 5 2025
eon -nsOO
ATTACHMENT A
2625 WELD COUNTY FAIR 5FLAT PRODUCTIONSRELEASE, HOLD HARMLESS. AND
INDEMNIFICATION
NAME OF PARTICIPANT IN WELD COUNTY FAIRTEAM ROPING EVENT:
ADDRESS:
STREET CITY/TOWN STATE ZIP
PARTICIPANT, ur parent/guardian, acknowledges that his or her participation in the Weld
County Fair Team Roping Event 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 FairTeam Roping
Event, PARTICIPANT, or parent/guardian, hereby voluntarily releases and agrees to hold harmless and
indemnify, 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 (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 5Flat Productions, 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 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 negligent or intentional acts of the
PARTICIPANT occurring in the course of the Weld County FairTeam Roping Event.
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, is not intended to circumvent, waive, or replace 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.
Signed this day of ,2025.
Signature of Participant or of Parent or Guardian if Minor
Printed Name
6
2025 Team Roping Final Contract
Final Audit Report 2025-06-13
"2025 Team Roping Final Contract" History
Created: 2025-06-04
By: Mika& Gabel (mgabel@weld.gov)
Status: Signed
Transaction ID: CBJCHSCAABAA1K1xe.1wWiw4tXT-0C0zINcbpo4aTJPNK
5 Document created by Mikayia Gabel (mgabel@weld.gov)
2025-06-04 - 3:17:16 PM GMT- IP address: 204.133.39.9
Cl Document emailed to 5flatproductions@gmail.com for signature
2025-06-04 - 3:17:46 PM GMT
5 Email viewed by 5flatproductions@gmail.com
2025-06-04 - 3:19:10 PM GMT- IP address: 74.125.214.78
New document URL requested by 5flatproductions@gmail.com
2025-06-13 - 3:18:57 PM GMT- IP address: 72.19.140.246
5 Email viewed by 5flatproductions@gmail.com
2025-06-13 - 3:20:43 PM GMT- IP address: 66.102.6.193
06 Signer 5flatproductions@gmail.com entered name at signing as Kacee Rodarmel
2025-06-13 - 3:22:42 PM GMT- IP address: 72.19.140.246
et/Q Document e -signed by Kacee Rodarmel (5flatproductions@gmail.com)
Signature Date: 2025-06-13 - 3:22:44 PM GMT - Time Source: server- IP address: 72.19.140.246
Agreement completed.
2025-06-13 - 3:22:44 PM GMT
Powered br
Adobe
Acrobat Sign
Contract Form
Entity Information
Entity Name*
5FLAT PRODUCTIONS
Entity ID*
@00048815
Contract Name*
2025 WELD COUNTY FAIR TEAM ROPING
Contract Status
CTB REVIEW
Contract Description*
2025 WELD COUNTY FAIR TEAM ROPING
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
EXTENSION SERVICES
Department Email
CM-
ExtensionServices@weld.g
ov
Department Head Email
CM-ExtensionServices-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Q New Entity?
Contract ID
9595
Contract Lead*
MGABEL
Contract Lead Email
mgabel@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Requested BOCC Agenda Due Date
Date* 06/19/2025
06/23/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date*
06/16/2025
Committed Delivery Date
Renewal Date
Expiration Date*
07/26/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
ESTHER GESICK
DH Approved Date
06/20/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/25/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
06/23/2025 06/23/2025
Tyler Ref #
AG 062525
Originator
MGABEL
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