HomeMy WebLinkAbout20231387.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR RANCH RODEO
AND BRONC RIDING AT 2023 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO
SIGN - SELLE RODEO PRODUCTIONS, LLC
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 an Agreement for Professional Services
for Ranch Rodeo and Bronc Riding for the 2023 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, and Selle Rodeo Productions, LLC, commencing
upon full execution of signatures, and ending July 30, 2023, 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 Agreement for Professional Services for Ranch Rodeo and
Bronc Riding for the 2023 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, and Selle Rodeo Productions, LLC, 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 17th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daywo XL;ok,
Weld County Clerk to the Board
BY:
AP
ounty Attorney
Date of signature: 05/30/A3
Mi. r= eman, Chair
k, Pro-Tem
Slott K. James
evin D. Ross
Lori Saine
cc : EX (HS /cA)
o6/0.9423
2023-1387
EX0031
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Ranch Rodeo Contract
DEPARTMENT:
Fair DATE: 5/8/2023
PERSON REQUESTING: Hannah Swanbom
Brief description of the problem/issue:
The 2022 invoice was attached to the previous pass -around. Please see 2023 invoice from contractor
as well as updated contract.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Please see new invoice.
Recommendation:
Approve
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve
Schedule
Recommendation Work Session
Other/Comments:
2023-1387
5/i 1 EXOv3 1
2023 WELD COUNTY FAIR
RANCH RODEO AND BRONC RIDING
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this I I # day of , 2023, by and
between the Board of County Commissioners of Weld County, C rado, 1150 O Street, Greeley,
Colorado 80632, hereinafter referred to as "County," and Selle Rodeo Productions LLC,
represented by Rand Selle, hereinafter referred to as "Contractor."
WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter
set forth, agree that Contractor shall produce one Ranch Rodeo and Bronc Riding Event ("the
Event") for the 2023 Weld County Fair to be held on Sunday, July 30, 2023, at 3:30 P.M. at the
Island Grove Park in the Greeley Stampede Grandstand Arena in Greeley, Colorado, pursuant to
the following terms and conditions:
SECTION I: CONTRACTOR RESPONSIBILITIES.
1. Provide all equipment and personnel to manage the Event, as detailed in attached Exhibit
A, Quote. Contractor is responsible for all of the following including, but not limited to, providing
personnel to run gates, manage timers, act as pickup men, judge the activities in the event,
conduct secretarial work, handle livestock, and announce for the Event. Contractor shall provide
any other personnel needed to produce the Event.
2. Provide all livestock needed to produce the Event and all personnel to handle said
livestock.
a. Contractor shall be responsible for all injury to, or loss, of livestock.
b. Contractor shall be responsible for feeding and watering of all livestock. All
animal feed shall be provided at Contractor's expense.
c. Livestock to be used in the Event must be accompanied by an official certificate of
veterinary inspection (health certificate) and a negative Coggins test issued by an accredited
veterinarian within thirty days prior to entering the fairgrounds and said certificate along with one
photocopy shall be presented to appropriate Weld County Fair personnel upon arrival at the
fairgrounds.
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 Board 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 liability waiver
Page 1 of 10
rl
which will include waiver of claims against Weld County, attached as Exhibit B.
6. Announcer(s) for the Event at Contractor's expense.
7. All payouts to the winners of the Event.
8. At the conclusion of the Event, 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.
9. 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
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 Officers, Employees and Volunteers, as an additional named
insureds and the 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
Page 2 of 10
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: COUNTY RESPONSIBILITES.
County shall provide the following for the Event:
1. A facility to conduct the Event. The Facility shall be available Saturday, July 29, 2023, for
set up from 7:00 a.m. to 9:00 p.m. and Sunday, July 30, 2023, for set up and production of the
Event from 6:00 a.m. to 9:00 p.m.
2. Equipment and personnel for arena maintenance as needed during the Event.
3. Properly worked arena ground.
4. An Arena set up prior to the Event.
5. Access to the JBS Stage for use of the arena PA System including cordless microphones.
6. Pens set up for livestock behind the arena.
7. EMS services as needed or required.
SECTION III: TERM.
The term of this Agreement shall commence upon the date of execution by both the
Contractor and the County, and end Sunday, July 30, 2023, 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.
Page 3 of 10
3. County shall pay five thousand eight hundred and seventy-five dollars ($5,875.00) to
Contractor on or before June 30th, 2023. County shall pay a second and final payment of five
thousand eight hundred and seventy-five dollars ($5,875.00) to Contractor on or before the day of
the Event, July 30th, 2023, as set forth in detail in Exhibit A, Quote.
4. 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.
SECTION V: INDEPENDENT CONTRACTOR
Pursuant to Workers' Compensation Act 8-40-202(2)(b)(IV), C.A.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.
Page 4 of 10
SECTION VIII: MUTUAL UNDERSTANDINGS.
1. Integration of Understanding. This Agreement, along with Exhibit A and Exhibit B,
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.
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.
Page 5 of 10
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
Salle Rodeo Productions, L.L.C.
Date: G--22-- 2$
ATTEST: W,4 •
Weld County lerkto the Board
APPROVED AS TO FUNDlN
APPROVED AS TO FORM:
Chief Financial Officer / Controller
ected fflcial or Department Head
Inottide (.04.0
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
County Attorney
ke Freeman, Chair MAY 1 7 1023
PROVED AS TO SUBSTANCE:
d o. -/,32 /
EXHIBIT A - QUOTE
sL! is RODEO
Bill To:
Weld County Fair Ranch
Rodeo
Jenette Masarie
525 N. 15th Ave
Greeley CO 80&15
Event At:
Greeley CO
Deposit do June 30. 35,875
Remaining balance due day of
event
IF you have any questions
concerning this invoice,
contact:
Rand SeFe
307-710-3133
selMrodeo@gnad.com
12.29.2022
Bid # 3002
For.
Working Ranch Cowboys Association Sanction Rodeo
Quantity
Description
Information
Per Head
Amount
100
Head Of Cattle
35
E 3,500.00
14
Bucking Horses
Outs rendes coverer
150
E 2,100.00
FuF
Producion/Erdnesffawes
Coggins/Health Stock
S 2,900.00
Fuel
S 1,500.00
10
Staff: Judges, Secretary,
Timers, Announcer,
Music. Contract Personal
S 2,500.00
Less Sanctioning Received
Invoice Total
$ 750.00
5 11.750.00
Due Upon Receipt
Thank you for your business!
Selle Rodeo Productions LLC
307-710-3133 1515 Two Rivers Road
Page 7 of 10
Roster, WY 82051
EXHIBIT B
RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS
st
State Jeor(eo Productions LLC
By signing and returning this form, Participants(s) Acknowledge that he/she has READ and
VOLUNTARILY AGREE to this Release and Waiver of Liability.
Name:
Address:
City/State/Zip:
Phone Number:
Email:
Would you like to be placed on our mailing/phone contact list? YES NO
Unconditional RELEASE
SELLE RODEO PRODUCTIONS LLC
PO BOX 2213
Laramie, WY 82073
(307) 710-3133
Full and Unconditional Release for Participant
PARTICIPANTS HAVE READ AND VOLUNTARILY AGREE TO THE RELEASE
AND WAIVERS OF LIABILITY AND INDEMNITY AGREEMENT on this form, and further
agrees that no oral representations, statements or inducements from the foregoing written
agreements have been made. Selle Rodeo Productions LLC has the right to refuse entry to anyone
for any reason it deems necessary, including but not limited to classification issues. Questions or
concerns should be directed to Selle Rodeo Productions LLC Office at (307) 710-3133.
Each participant is fully aware, completely understands, and accepts that participation in
the Event, whether as a contestant, employee, volunteer, exhibitor, sponsor, spectator,
Page 8 of 10
photographer, or media personal, is dangerous and that the events and activities associated with,
relating to, arising out of, and concerning this participation present substantial, serious, and real
risks of personal injury or death to the participant, and the loss of, damage to, or destruction of the
participant's personal property including participant's livestock.
In consideration of being permitted to participate in, enter upon and use the facilities for
the event, the participants for himself/herself and all persons under his/her management and
control including minor children, and assumes these substantial, serious, and real risks whether or
not apparent, known, unknown, foreseen, unforeseen, present, or contingent, and whether or not
caused by and negligence associated with the design or designing, staging, supervising,
maintaining or in any way presenting, conducting or sponsoring the Event, further does agree to
use extraordinary care and prudence in his/her activities and those of charges.
With such knowledge, the Participant(s), on behalf of himself or herself, and on behalf of
his or her heirs, successors, and assigns, voluntarily releases and agrees to hold harmless and
indemnify the County of Weld; the Board of County Commissioners of County of Weld; Selle
Rodeo Productions LLC; and their employees (the "Releasees"), from any and all claims and
liability, past, present or future, for any injury or damage to Participant(s) or to his or her
property, resulting from any cause whatsoever occurring in the course of the Ranch Rodeo and
Bronc Riding Event, excepting only any such injury or damage resulting from the willful and
wanton acts of the Releasees. The Participant(s) 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(s) occurring in the
course of the Ranch Rodeo and Bronc Riding Event.
Participant(s) further understands and agrees that the Releasees may be immune to liability
pursuant to C.R.S., §§ 24-10-101, et seq., by virtue of their governmental status. Participant(s)
acknowledges and agrees that this Release of Liability and Agreement to Hold Harmless and
Indemnify is not intended to circumvent or replace such immunities.
Participant(s) further understands and agrees that the Ranch Rodeo and Bronc Riding
Event is a voluntary recreational activity or program as that term is used in C.R.S. § 8-40-201(8).
His or her participation in the Ranch Rodeo and Bronc Riding Event is strictly voluntary. As the
Participant(s) participates in the Ranch Rodeo and Bronc Riding Event, he or she will be relieved
of and is not performing any duties of employment and/or volunteer duties for the Releasees.
With this in mind, the Participant(s) understands and agrees that his or her participation is not
covered by workers' compensation paid for by the Releasees.
PARTICIPANTS FURTHER AGREE: that if livestock provided by Selle Rodeo
Productions LLC are injured or killed due to participant's neglect during an event, Participant is
Liable for veterinary treatment or replacement cost of said animal at Selle Rodeo Productions
LLC's discretion.
ASSURANCES: The participant fully understands and agrees that this Release is to be
interpreted and applied in the broadest and most comprehensive manner in favor of the
RELEASED PARTIES and Releasees. The participants agree that he/she has full power authority,
capacity and right without limitation to sign, deliver and perform this Release. This Release shall
Page 9 of 10
be and is binding upon the participants and his/her spouse, legal representatives, heirs, successors,
and assigns. The undersigned agrees that the laws of the State of Colorado govern this
Participation Release.
By signing this Release and Agreement to Hold Harmless and Indemnify, the
Participant(s) or Parent or Guardian on behalf of Participant(s) acknowledges that he or she has
read and understands all of the provisions stated herein.
Signed this day of 2023.
Participant (Printed Name)
Parent or Guardian (Printed Name)
Witness Date
Page 10 of 10
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Cheryl Pattelli
Monday, May 22, 2023 3:41 PM
Matthew Conroy; Houstan Aragon; Bruce Barker; Karin McDougal; Byron Howell; Chris
D'Ovidio; Hannah Swanbom
CTB; Cheryl Aragon
RE: SIGNATURE REVIEW: PROFESSIONAL SERVICES AGREEMENT FOR RANCH RODEO
AND BRONC RIDING AT 2023 WELD COUNTY FAIR
Looks good from my end- thanks, Matt
From: Matthew Conroy <mconroy@weld.gov>
Sent: Monday, May 22, 2023 3:18 PM
To: Houstan Aragon <haragon@weld.gov>; Bruce Barker <bbarker@weld.gov>; Karin McDougal
<kmcdougal@weld.gov>; Byron Howell <bhowell@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Chris D'Ovidio
<cdovidio@weld.gov>; Hannah Swanbom <hswanbom@weld.gov>
Cc: CTB <CTB@co.weld.co.us>; Cheryl Aragon <caragon@weld.gov>
Subject: RE: SIGNATURE REVIEW: PROFESSIONAL SERVICES AGREEMENT FOR RANCH RODEO AND BRONC RIDING AT
2023 WELD COUNTY FAIR
Hi all,
The vendor on this contract noticed that there is a mismatch between what is in the quote for this fair contract and the
contract language. We think it makes sense that the quote governs as that is what the vendor offered and the BOCC
approved on pass around, but the vendor would like the contract language to match before he signs. I updated the
contract to resolve the discrepancy. Please let me know if you have any concerns. Bruce and I think that we can just
have the corrected contract be part of the record for the resolution from last Wednesday and it does not have to go
before the Board again.
Best,
Matt
Matt Conroy
Assistant Weld County Attorney
1150 O Street
P.O. Box 758
Greeley, CO 80632
(970) 400-4393
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
1
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Houstan Aragon <haragon@weld.gov>
Sent: Thursday, May 11, 2023 4:39 PM
To: Bruce Barker <bbanker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy
<mconroy@weld.gov>: Byron Howell <bhowell@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Chris D'Ovidio
<cdovidio@weld.gov>; Hannah Swanbom <hswanbom@weld.gov>
Cc: CTB <CTB@co.welc .co.us>; Cheryl Aragon <caragon@weld.gov>
Subject: SIGNATURE REVIEW: PROFESSIONAL SERVICES AGREEMENT FOR RANCH RODEO AND BRONC RIDING AT 2023
WELD COUNTY FAIR
Good afternoon,
Please review and advise as to placement on the Wednesday, May 17, 2023, Agenda. Please also remember
to reply -all to this email.
Thank you,
Houstan Aragon
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4224
Email: hara_gon(Wwe4d_gov. corn
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
o nly for the person o- entity to which it is addressed and may contain information that is privileged, confidential
o r otherwise protected from disclosure. If you have received this communication in error, please immediately
n otify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient es strictly prohibited.
2
Hello