HomeMy WebLinkAbout20221166.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR RANCH RODEO AND
BRONC RIDING AT 2022 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 a Professional Services Agreement for
Ranch Rodeo and Bronc Riding for the 2022 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 31, 2022, 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 Ranch Rodeo and Bronc
Riding for the 2022 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 25th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: deftlmjpi�
Slott K. James, Chair
Weld County Clerk to the Board
BY.
� t
Deputy Cle tot e Boar
ike Freeman, Pro-Tem
EXCUSED
Perry L. Buck
APP • �i AS,•: OR �t � .�: Gr
teve Moreno
�ounty Attorney �►� ���EXCUSED
Date of signature: 4/2-9/22.
Lori Saine
CC: Ei((5M/HS)
5/6/22
2022-1166
EX0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2022 Ranch Rodeo
DEPARTMENT:
Extension/Fair DATE: 4.18.2022
PERSON REQUESTING: Jenette Masarie
Brief description of the problem/issue:
Weld County Fair is excited to be hosting a Ranch Rodeo this year on Sunday July 31st. The Fair
Board has discussed, budgeted and approved this event. We are contracting Selle Rodeo
Productions, LLC who does Ranch Rodeos all over and has a lot of experience.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Fair Board has reviewed the BID, and has budgeted $12,000 to pay Selle Rodeo Productions
and dedicate the rest to the awards.
Recommendation:
Weld County Fair Board recommends the Board approves to contract Selle Rodeo Productions, LLC.
for the 2022 Weld County Fair Ranch Rodeo. This agreement has already been review by legal.
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
Approve
Schedule
Recommendation Work Session
Other/Comments:
2022-1166
04/Z5
.EX 0030
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
V o V.
Lori Saine
Tuesday, April 19, 2022 8:50 AM
Karla Ford
RE: Please Reply - Fair Ranch Rodeo Pass Around
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From: Karla Ford <kford@weldgov.com>
Sent: Monday, April 18, 2O22 4:19 PM
To: Lori Saine <Isaine@weldgov.com>
Subject: Please Reply - Fair Ranch Rodeo Pass Around
Importance: High
Please advise if you approve recommendation. Thank you.
Karla Ford.
Executive Assistant & Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kforddweldgov.corn :: www.weldgov.com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-5:OOp.m.**
1
2022 WELD COUNTY FAIR
RANCH RODEO AND BRONC RIDING
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this 2,5° day of April , 2022, by and
between the Board of County Commissioners of Weld County, Colorado, 1150 O Street, Greeley,
Colorado 80632, hereinafter referred to as "County," and Selle Rodeo Productions LLC,
represented by Rande 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 2022 Weld County Fair to be held on Sunday, July 31, 2022, 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 11
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 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
Page 2 of 11
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 30, 2022, for
set up from 7:00 a.m. to 9:00 p.m. and Sunday, July 31, 2022, 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 31, 2022, 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.
3. County shall pay five thousand dollars ($5,000.00) to Contractor on or before July 17,
2022. County shall pay a second and final payment of five thousand dollars ($5,000.00) to
Page 3 of 11
Contractor on or before the day of the Event, July 31St, 2022, 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.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 and Exhibit B,
attached hereto, and incorporated herein by reference, contain the entire understanding of the
Page 4 of 11
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.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
Page 5 of 11
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
Sdbtt K. James
Chair
Date:
APR 2 5 2022
CONTRACTOR
4
Rand Sae (Apr 18, 2022 18:28 MDT)
Rand Selle
Owner, Selle Rodeo Productions LLC
Date: Apr 18, 2022
Page 6 of 11
EXHIBIT A - QUOTE
Quote
Serie 12odeo Productions £LC
Rand Selle
QtY
10 head
Ranch Rodeo & Bronc
Riding
'A payment due two
weeks before event
and final payment do
the day of event
Description i Unit Price
Minimum Horses (10 Ranch Bronc Riders)
(re -rides are provided)
40 head Minimum Cattle (10 Ranch Rodeo Teams)
2 Pickup men
2 Judges
1 Secretary
2 Timers
1 Announcer
Page 7 of 11
@ $125 an out
@ $50 a run
@$250 a day
@$150 a day
@$150 a day
@$100 a day
@$1000 a day
Date: January 4, 2022
Invoice # 326
Expiration Date: July 1, 2022
Weld County Fair
c/o Jennette Masarie
jmasarie@weldgov.com
July 31, 2022
Line Total
$1,250.00
$2,000.00
$500.00
$300.00
$150.00
$200.00
$1000.00
Managing Entries, Taxes, 1099 or W9 forms,
postage, office expenses, website use
1 Misc Cost (health, coggins)
Fuel Charge per Rig (Bosler, WY to Greeley,
$2.50 mile
CO 125 miles) semi, pickup trailer
1 event
Added Money (Open Ranch Rodeo with
Bronc Riding)
Page 8 of 11
$975 $975.00
$500
$500.00
(2) $2.50x125 $625.00
$2,500 $2,500.00
A. Subtotal B.
C. Sales
Tax
D.
E. Total F. $10,000.00
EXHIBIT B
RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS
st
Sette Jeorteo Productions LC&
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 9 of 11
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 10 of 11
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 , 2022.
Participant (Printed Name)
Parent or Guardian (Printed Name)
Witness Date
Page 11 of 11
PROFESSIONAL SERVICE AGREEMENT FOR 2022 WELD COUNTY FAIR RANCH RODEO
AND BRONC RIDING,
SELLE RODEO PRODUCTIONS, LLC
A PROV D AS TO SUBSTANCE:
Elected i cial or Department Head
APPR ED AS T91FUNDING:
Controller
APPROVED AS TO FORM:
ounty Attorney
Hello