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HomeMy WebLinkAboutC21-016 Cervi Championship RodeoAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND CERVI CHAMPIONSHIP RODEO THIS AGREEMENT (“Agreement”) is effective as of ____________________, by and between Cervi Championship Rodeo (hereinafter or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Contractor is company specializing in the production of professional fair and rodeo services and wishes to contract with County to provide such services at 0426 Fairgrounds road, Eagle, Colorado; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1.Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a.Contractor agrees to furnish the Services July 21-24, 2021 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b.In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c.Contractor agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 1/15/2021 C21-016 2. County’s Representative. The Fair and Rodeo Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 24th of July, 2021. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement 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 in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $75,300. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Contractor and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Contractor. Contractor shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Sub-Contractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub-Contractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each sub-Contractor, as approved by County and to the extent of the Services to be performed by the sub-Contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-Contractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub-Contractors or sub-contractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Contractor warrants that any retroactive date under the policy shall DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Contractor’s certificates of insurance shall include sub-Contractors as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each sub-Contractor. All coverage(s) for sub-Contractors shall be subject to the same minimum requirements identified above. Contractor and sub-Contractors, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Contractor and its sub-Contractors until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Contractor’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Contractor’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Contractor’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Contractor shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Contractor’s broker, without further notice or authorization by Contractor, to immediately comply with any written request of County for a complete copy of the policy. viii. Contractor shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Contractor, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its sub-Contractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Contractor in connection with the Services shall become property of County. Contractor shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Contractor (including any employee or subContractor in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 COUNTY: Eagle County, Colorado Attention: Tanya Dahlseid 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8892 E-Mail: tanya.dahlseid@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us Contractor: Cervi Championship Rodeo 30130 County Road 49 Greeley, CO 80631 Telephone: 970-324-1644 E-Mail:binioncervi@yahoo.com 11. Coordination. Contractor acknowledges that the development and processing of the Services for the Project may require close coordination between various Contractors and contractors. Contractor shall coordinate the Services required hereunder with the other Contractors and contractors that are identified by County to Contractor from time to time, and Contractor shall immediately notify such other Contractors or contractors, in writing, of any changes or revisions to Contractor’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Contractor shall not knowingly cause other Contractors or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Contractor shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. d. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Contractor shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Contractor. Contractor shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. l. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager Contractor: Cervi Championship Rodo Binion Cervi By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 President Binion Cervi EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 1 November 10, 2020 Eagle County Fair & Rodeo Eagle County Facilities Management Department Attn: Tanya Dahlseid Post Office Box 850 Eagle, CO 81631 Dear Eagle County Fair & Rodeo: Cervi Championship Rodeo. is pleased to submit information about our company and our desire to work alongside the Eagle County Fair and Rodeo committee and volunteers to produce an outstanding rodeo and to be a part of the Eagle County Fair and Rodeo for years to come. We appreciate the opportunity to present this information for your consideration. As always, we welcome any and all conversations and pride ourselves in transparency and an open working relationship with our committees. If we may be able to provide further insight about our company or proposal, please do not hesitate to reach out. Please let us know if you have any questions, concerns, or would like to visit further. Respectfully, Binion Cervi Executive Director, Cervi Championship Rodeo, L.L.C DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 2 REQUEST FOR PROPOSAL PROPOSAL FORM TO: Eagle County Fair & Rodeo Eagle County Facilities Management Department Attn: Tanya Dahlseid Post Office Box 850 Eagle, CO 81631 Re: Stock Contractor Services at the Eagle County Fairgrounds The undersigned, having examined the Instructions to respondents and any and all documents related to the above referenced RFP: (a) agree to comply with all conditions, requirements, and instructions of the Request for Proposal as stated or implied therein; (b) Acknowledges the right of Eagle County, Colorado in its sole discretion to reject any or all proposals submitted, and that an award may be made to a proposer even though not the lowest cost; (c) Acknowledges and agrees that the discretion of Eagle County, Colorado in selection of the successful proposers shall be final, not subject to review or attack; and (d) Acknowledges that this proposal is made with full knowledge of the foregoing and full agreement thereto. By submission of this proposal, and signature below, the respondent acknowledges that he has the authority to sign this Proposal Form and bind the company named below. The respondent further acknowledges that Eagle County, Colorado has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to Eagle County of any and all information sought in such inquiry or investigation. Company Name: Cervi Championship Rodeo, L.L.C. Title of respondent: Executive Director & Owner Signature of respondent: Binion Cervi DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 3 REQUEST FOR PROPOSAL PRESENTED BY MIKE CERVI CHAMPIONSHIP RODEO, L.L.C. November 10, 2020 PROJECT DESCRIPTION Cervi Championship Rodeo, L.L.C. (hereinafter referred to as “CERVI”), shall provide all Stock Contractor Services for the production of professional fair and rodeo services for the Eagle County Fair and Rodeo (hereinafter referred to as “EAGLE”) July 21-24, 2021, located at the Eagle County Fairgrounds, 0426 Fairgrounds Road, Eagle, Colorado. SCOPE OF SERVICES CERVI shall provide all the Services to produce a 4-PRCA performance rodeo that includes the following events: Bareback Riding, Saddle Bronco Riding, Bull Riding, Tie-down Roping, Steer Wrestling, Team Roping and Women’s Barrel Racing and associated slack. The proposed Services will include, but are not limited to: • PRCA contract personnel, sound person, specialty act/barrelman, 2 bullfighters, 2 pickup men, riding and timed event boss, flankman, labor to open/pull bucking chute gates and sort and load bucking stock, 2 rodeo timers, rodeo secretary, chute boss, and all production pertaining to the rodeo performance and specialty act for all 4 nights. • All riding and timed event stock required for the productions of the PRCA events at the rodeo, including trucking and care of the same. • Four performances of professional rodeo 7:30 pm nightly and any slack will be held after the 1st performance. PROPOSAL SUBMITTAL REQUIREMENTS 1. Proposal Form Please find the Proposal Form affixed to the front of this document. Further Contact Information for Cervi Championship Rodeo Includes: 30130 County Road 49, Greeley, CO 80631 C: (970) 324-1644 O: (970) 356-6000 binioncervi@yahoo.com cervirodeo@outlook.com www.cervirodeo.com PRCA Card Number: 3161 & 19253 Attachment A. Proof of PRCA Eligibility DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 4 2. Qualifications Cervi Championship Rodeo was established in 1967 and has been conducting business throughout Colorado ever since. Between 53 years of experience and two young sons, this family owned and operated business has incorporated contemporary ideas with traditional customs. Currently, Cervi Championship Rodeo produces 10 of the top 50 rodeos in the PRCA. CERVI has had more stock selected for the Wrangler National Finals Rodeo than any other stock contractor in the business. CERVI has been awarded numerous honors, including more than 280 individual awards for its rodeo stock. Past accomplishments include, but are not limited to: • Holds the Record for Most Stock Sent to the WNFR in One Year • Have Won 11 Go Rounds at the WNFR in the Last Five Years • 2020 PRCA Saddle Bronc Horse of the Year • 2019 Highest Marked Saddle Bronc Horse of the WNFR • 2019 Saddle Bronc Horse of the WNFR The contract personnel CERVI consistently hires throughout the year are as equally decorated in PRCA awards and accomplishments. Those anticipated to work the EAGLE 2021 rodeo include, but not limited to: • 2x PRCA Music Director of the Year • 8x PRCA Clown of the Year • 6x NFR Pickup Man • 2 & 3x NFR Timers • 17x NFR Secretary A comprehensive list of CERVI personnel is provided in Attachment B. CERVI is one of the largest and most diverse stock contractors within the PRCA, producing over 165 performances in 30 different locations every year. Proof of rodeos currently under contract along with the number of each type of stock provided for each rodeo is provided in Attachment C. CERVI can provide a plethora of services to accentuate the experience of both the casual and experienced fan. Below are a few services, which CERVI believes EAGLE would benefit from: • Pyro, Laser Lights, and Fog for Openings and Closings • Opening and Closing Props and Scripts • Opening Videos – Similar to NFR Opening Videos • Email Marketing to Personal Database of Several Thousand PRCA Contestants • Bucking Horse Drive in Parade • Committee Retreat at Cervi Ranches • Livestock Display at a Local Business • Provide Mutton Bustin Sheep, Helmets, Vests, And Prizes for All Contestants • Facilitate a Contestant Tour – details and process provided in Attachment D. A complete portfolio of Cervi Championship Rodeo’s Resume has been provided separately from this proposal. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 5 3. Experience CERVI has had prior experience with a multitude of similar contracts and agreements, however the two most comparable productions to EAGLE would include the Rooftop Rodeo in Estes Park, Colorado, along with the Western Stampede in West Jordan, Utah. The Rooftop Rodeo was taken over by CERVI in 2015. At the time, the Town of Estes Park, whom the contract is with, had concerns in regards to the lack of growth in contestant entry numbers, the stalemate production, and the absence of teamwork and communication from their former stock contractor. These needs were addressed and resolved within a few short years. The total contestant entry numbers increased by 33.4% within the first year that CERVI was awarded the contract and have continued to grow since. This increase and growth are due to a combination of improved stock and total added money. The production of the rodeo was improved by cleaning up the chain of command over a period of 3 years. By limiting those who held the authority to make a final call during the production, as well as clearly defining each individual’s role, confusing and lack of timeliness have effectively been removed from the rodeo. Efforts to improve teamwork and communication have included, but not limited to: • Cervi hosted a teambuilding tour for the committee at the Cervi Rodeo Ranch in Stoneham, CO • Cervi Livestock Superintendent, Chuck Kite, designed new arena facilities and ground requirements by meeting, and working, alongside key representatives from the Estes Committee • Cervi meets with the Estes Committee at least 5 times a year, outside of the Rooftop Rodeo dates The Western Stampede is another contract in which CERVI works for a form of the United States Government, in this case, it is the City of West Jordan. At the time of acquisition, the rodeo was a favorable size, yet had become unprofitable for a multitude of years. The financial struggle left the City of West Jordan to feel as though they had been taken advantage of. CERVI recognized this significant need and addressed the matter by providing advice from experience in regards to marketing, production, and of course, finances. CERVI also became the committee representative for West Jordan to the PRCA, so that CERVI may act as a liaison in regards to assisting in PRCA sanctioned requirements and office work. From the correlated changes, the Western Stampede finally began to turn a profit for the first time in 7 years. West Jordan’s rodeo is most like EAGLE, due to the size of production, as well as the time of year. Both qualities make it imperative to: ● Provide superior stock to encourage growth in contestant entries ● Strategically distribute prize money to attract the appropriate levels of contestants in each event ● Implement a friendly start time and placement of event orders so that contestants may enter multiple rodeos within the same vicinity. CERVI would execute similar strategies for EAGLE, as success is nearly guaranteed. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 6 4. Budget/Pricing CERVI has provided prices for both a one (1) year contract, as well as a (4) year contract should EAGLE decide to renew the contract for three (3) additional periods, with the same terms and conditions. While these prices are negotiable, the percentage increase is derived from CERVI’s standard policy of a 2-4% increase each year to compensate for inflation and the cost of living. The overall cost estimate for services includes the $7,000 EAGLE will provide toward accommodations. Year Price % Increase 2021 75,300$ Year Price % Increase 2021 75,300$ 2022 77,559$ 3.0% 2023 79,886$ 3.0% 2024 82,282$ 3.0% 1 Year Contract 4 Year Contract DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 7 5. Familiarity with Eagle County The vast, and at often times desolate, Northeastern Plains of Colorado is not what most would begin with when describing this great state, but to Cervi Rodeo and their family, it is has been home for multiple generations. Making frequent trips into the mountains for a weekend getaway, rodeos, or just traveling through, the Cervi family has always enjoyed the Eagle County area. Cervi Rodeo recognizes that the most important part to remember is that, as with most regions on the Western Slope, the Eagle County Community is as diverse and delicate as the ecosystem that surrounds it. Overwhelming amounts of money rush in and out of tourist hotspots such as Vail, Avon, and Beaver Creek, as visitors from across the world seek for adventure through one of the many activities Eagle has to offer. Skiing, hiking, fishing, or biking, no matter the activity, nothing seems to beat the sensations the great Rocky Mountains have to offer. People from all walks of life come to enjoy the Eagle County area. Yet tourism isn’t the only thing that Eagle has to offer. Another prominent aspect of Eagle County is agriculture. Mixed among the pine trees and aspens you will find sprawling hay fields, sheep, cattle, and other forms of agriculture. The Cervi Family knows all too well that it is extremely critical that the farming and ranching industry coincide with the bionetwork that surrounds it. For as conservation efforts improve, so does the land and its production. At first glance, Agriculture and Tourism would seem to juxtapose one another, yet in Eagle County they function in harmony. From locally sourced produce, to trail riding or hunting, Agriculture and its Western Heritage have enriching experiences to offer even your most frequent visitors. Moreover, bringing locals and visitors alike to enjoy agriculture, rodeo, and their heritage in the Rockies, Eagle County Fair and Rodeo is the perfect blend of both sectors. Cervi Rodeo knows that those walking through the gates of the fairgrounds come from a range of socioeconomics, cultures, regions, and experiences, making it imperative to provide an occasion for all ages, demographics, and generations. To be familiar with Eagle County, is to know the importance of tourism, agriculture, and how they mold and shape not only Eagle County, but the Eagle County Fair and Rodeo. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 8 6. References The following three (3) references are a few of the current customers receiving the same or similar service(s) by CERVI. Attachment E. includes entry numbers, for all three (3) references, before and after CERVI acquired the contract. Rooftop Rodeo – Produced Since 2015 Mr. Mark Purdy, Chairman (970) 481-9512 chairman@rooftoprodeo.com Estes Park, CO Sikeston Jaycee Bootheel Rodeo – Produced Since 2019 Jeremiah Quick, Chairman (573) 931-0426 barberquick86@gmail.com Sikeston, MO Western Stampede – Produced Since 2013 Lynze Schoenbrunn (385) 214-6219 lynze.schoenbrunn@westjordan.utah.gov West Jordan, UT Other customers also receiving the same or similar service(s) include the entities listed below. Contact information will be provided upon request. Rodeo Location NW Montana Fair & Rodeo Kalispell, MT Heart O' Texas Fair & Rodeo Waco, TX Central Wyoming Fair & Rodeo Casper, WY Iowa's Championship Rodeo Sidney, IA Dayton Championship Rodeo Dayton, IA Tri State Rodeo Fort Madison, IA Cave Creek Pro Rodeo Cave Creek, AZ Evergreen Rodeo Evergreen, CO Yuma County Fair & Rodeo Yuma, CO Logan County Fair & Rodeo Sterling, CO Kimball County Fair & Rodeo Kimball, NE Notes: Does not include all CERVI 2021 Rodeos Similar CERVI Rodeos Under Contract in 2021 DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 9 7. Legal Issues There are no lawsuits, federal, state or local tax liens, or any potential claims or liabilities against Binion Cervi, Cervi Championship Rodeo, or the officers and owners of CERVI at this time or within the last three years. 8. Deliverables The CERVI RFP has been provided by email, as well as one (1) supportive document, known as the CERVI Portfolio. 9. Evaluation Criteria CERVI recognizes that all proposals will be evaluated based on completeness of the information provided, service cost, experience, and familiarity with Eagle County. CERVI also always commits to the following promises: • CERVI will work with volunteer groups and organizations on all levels of rodeo production and have a history of developing strong relationships with our team of employees and the volunteers at the rodeos we produce. • CERVI considers animal care and welfare issues in regards to EAGLE of the utmost importance and will make this matter a number one priority in its handlings. • CERVI will see that all phases and all parts of the rodeo production are completely handled without any problems to EAGLE. • CERVI will coordinate and handle all problems arising out of contestants and contestants' animals. • CERVI employees will be professional and good representatives of the company and the sport of rodeo. • CERVI will provide consultation and professional services throughout the calendar year, including attending any/all meetings in preparation for the rodeo. DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 10 PROPOSAL ATTACHMENTS DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 11 November 10, 2020 To Whom it May Concern: Cervi Championship Rodeo (329749) and The Cervi Brothers Rodeo (29482) are currently both active and eligible stock contracting firms within the Professional Rodeo Cowboys Association (PRCA). These firms have consistently maintained active and eligible status and are considered in good standing with the PRCA. The Cervi firms have maintained good-standing status for at least the last five (5) years. Should you have any further questions or concerns, please contact me directly at the PRCA National Headquarters. Regards, Nathan Vodehnal Stock Contractor Coordinator Professional Rodeo Cowboys Association Attachment A. Proof of PRCA Eligibility DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 12 Attachment B. List of Cervi Personnel CERVI strongly believes in including the committee in the hiring process of all personnel; therefore, CERVI proposes the following candidates and will not hire until approved by EAGLE. • Sound/Music System & Technician • Rockstar Sound o 2x PRCA Music Director of the year • Specialty Act & Barrelman • Justin Rumford o 8x PRCA Clown of the Year o 3x Coors Man in the Can o 2014 WNFR Barrelman • Bullfighters (2) • Jimmy Lee o Flankman for Multiple Cervi Rodeos o PRCA Bullfighter for 12 years • Zach Devol • 2020 Mountain States Circuit Finals Bullfighter • Pickup Men (2) • Chase Cervi o 6 Time NFR pickup man o 2016 & 2018 PRCA Pickup Man of the Year o 5 Time Mountain States Circuit Finals Pickup Man • Randy Britton o Picks up at Denver, San Antonio, and Houston o PRCA Pickup Man for over 10 years o Mountain States Circuit Finals Pickup Man • Arena Director, Production Manager, Roughstock & Timed Event Chute Boss • Binion Cervi o Chute Boss since 2003 for all Cervi Rodeo Events o Directed several PRCA Finals • Flankman, Livestock Superintendent, & Back Pen Labor • Chuck Kite (Livestock Superintendent/Flankman) o Director at Great Lakes Circuit Finals Multiple Years o Top PRCA Bareback Rider in the early 2000s • Shad Smith (Livestock Superintendent/Back Pen Labor) o Has ran Double S Bucking Bulls for over 20 years o Sent bulls to PBR Finals three times o Great Lakes Circuit Finals Bull Riding Qualifier 4 times DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 13 Attachment B. Continued • Rodeo Timers (2) • Toby Dunlavey o Mountain States Circuit Finals Timer o Times at Cervi’s top 5 Largest Rodeos o 2018 & 2020 NFR Timer • Kris Fleener o Great Lakes Circuit Finals Timer o Great Lakes Circuit Finals Secretary • Mary Brunner o 3 Time NFR Timer o 6 Time NFSR Timer o 3 Time Texas Circuit Finals Timer • Rodeo Secretary • Sunni Deb Backstrom o 17 time NFR Secretary o 3 time NFR Timer o 11 time PRCA Secretary of the Year DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 14 2020 DatesRodeoLocation# of PerfsBBSBBRTDSWTRTotal StockJan 11 - Jan 26National Western Stock Show Denver, CO29 157 169 141 467 Feb 6 - Feb 22San Antonio Rodeo San Antonio, TX21 186 186 10 382 March 3 - March 22RODEO HOUSTON Houston, TX20 258 258 258 166 178 166 1,284 Dec 3 - Dec 12National Finals RodeoLas Vegas, NV10 6 10 4 20 Oct 3 - Oct 10Heart O' Texas Fair & Rodeo Waco, TX7 30 30 12 72 Aug 5 - Aug 8Jaycee Bootheel RodeoSikeston, MO4 44 45 61 108 94 98 450 July 6 - July 11Rooftop RodeoEstes Park, CO6 79 84 102 172 154 103 694 July 14 - July 18Snake River Stampede Nampa, ID6 80 96 105 188 218 196 883 July 7 - July 11Central Wyoming Fair & Rodeo Casper, WY 5 70 70 82 110 182 112 626 July 28 - Aug 1Iowa's Championship RodeoSidney, IA5 40 48 50 48 72 20 278 Sept 4 - Sept 7Dayton Championship Rodeo Dayton, IA4 28 48 36 46 56 48 262 Sept 9 - Sept 12Tri State Rodeo Fort Madison, IA4 61 62 58 66 62 39 348 March 27 - March 29Cave Creek Pro RodeoCave Creek, AZ3 20 29 45 30 36 38 198 April 3 - April 5Skyline Stampede Fort Collins, CO3 32 37 30 99 April 17 - April 18All-Star Rodeo WeekendDenver, CO3 33 33 8 74 May 28 - May 30Annual Flint Hills RodeoStrong City, KS3 20 30 51 49 59 33 242 June 4 - June 6Pioneer Days RodeoClovis, NM3 18 24 31 38 17 34 162 June 25 - June 27Flagstaff RodeoFlagstaff, AZ3 26 14 17 35 17 27 136 July 2 - July 4Western StampedeWest Jordan, UT3 42 42 42 85 72 45 328 Oct 23 - Oct 24Mountain States Circuit FinalsLoveland, CO3 19 9 5 33 Nov 12 - Nov 14Great Lakes Circuit FinalsLouisville, KY3 12 9 15 36 Oct 29 - Oct 31Texas Tech College RodeoLubbock, TX3 32 36 49 106 69 117 409 April 4 - April 5JEFFCO High School RodeoGolden, CO2 16 16 38 70 June 20 - June 21Evergreen Rodeo Evergreen, CO2 27 28 32 23 30 33 173 Aug 4 - Aug 5Yuma County Fair & RodeoYuma, CO2 13 18 26 34 33 33 157 Aug 6 - Aug 7Logan County Fair & RodeoSterling, CO2 8 21 17 30 35 29 140 Aug 8 - Aug 9Kimball County Fair & Rodeo Kimball, NE2 - 35 15 14 19 15 98 Aug 29 - Aug 30Mission Viejo Rodeo San Juan Capistrano, CA2 36 36 34 106 Sept 25 - Sept 26Omaha River City RodeoOmaha, NE2 28 28 34 58 61 46 255 Totals Per Event165 1,421 1,551 1,408 1,406 1,464 1,232 8,482 Rodeos Under Contract with 2019 Actual Stock NumbersNote: Due to the effects of COVID-19, many CERVI rodeos were cancelled in 2020. Therefore, 2019 is the most recent and most accurate representation of the CERVI production schedule and size.Attachment C. Proof of Rodeos Currently Under Contract DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 15 Attachment D. Contestant Tour Details and Process CERVI believes EAGLE will benefit greatly from participating in a collective tour with two other rodeo committees within the Colorado region. Details As contestants must compete in all rodeos within the tour, in order to be eligible to win the associated prizes, the tour has proven to increase entry numbers, improve the quality of contestants, and reduce the number of turn outs. A flyer previously used for a CERVI tour can be found on the following page. Process • CERVI works with the committees to determine what prize each rodeo will donate. • CERVI coordinates with the PRCA to post the tour within the Pro Rodeo Sports News. • CERVI markets the tours through a private, comprehensive list of contestants via text and email to encourage participation in the tour. • CERVI sends out reminders as entry dates open, close, as well as the date of reentries. • CERVI collects scores and participation data as the rodeos come to a close. • CERVI determines the final winners and coordinates between the contestant and committee to transfer the prize. (Each committee holds onto their prize until a winner is determined.) DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 16 Attachment D. Continued - Example of a 2018 CERVI Tour DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 RFP General Services Eagle County – Cervi Championship Rodeo Presentation 17 ContractorPowder RiverPowder RiverPowder RiverCERVICERVICERVICERVICERVIYear20122013201420152016201720182019Barebacks4639386961666067Saddlebroncs75615995 (limits at 72)91 (limits at 72)98 (limits at 72)99 (limits at 72)86 (limits at 72)Bulls899070107 (limits at 90)102 (limits at 90)94 (limits at 90)119 (limits at 90)122 (limits at 90)Tie Down5246527999797286Steer Wrestling5570597781836577Team Roping65556485958997103Barrels110120137127162163164192Total Entries492481479639691672676733Total Added Money31,800$ 33,600$ 40,000$ 60,000$ 61,000$ 62,000$ 63,000$ 64,000$ Note: 2020 Rodeo was cancelled due to COVID-19 restrictions & limitationsContractorRafter HRafter HRafter HCERVICERVIYear20162017201820192020Barebacks4027313653 (limits 48)Saddlebroncs4433363770 (limits 48)Bulls45415653100 (limits 60)Tie Down5144445485Steer Wrestling6240454787Team Roping4532474983Barrels73686069121Total Entries360285319345599Total Added Money98,000$ 98,000$ 100,000$ 100,000$ 100,000$ ContractorFlying UCERVICERVICERVICERVICERVICERVICERVIYEAR20122013201420152016201720182019Barebacks928214439334051 (limits 36)Saddlebroncs11303250 (limits at 45)69 (limits at 45)324956 (limits 36)Bulls513850 (limits at 45)59 (limits at 45)85 (limits at 45)474452 (limits 36)Tie Down5053474433326685Steer Wrestling4244274236338172Team Roping3226363832255545Barrels7348656669629787Total Entries268267278343363264432448Total Added Money21,000$ 21,000$ 30,000$ 43,500$ 49,500$ 45,000$ 67,500$ 67,500$ Note: In 2017, no same day rule was in effect & paralyzed contestants from being able to enter; in 2018 rule was changed 2020 Rodeo was cancelled due to COVID-19 restrictions & limitationsSikeston Jaycee Bootheel Rodeo, Sikeston, MORooftop Rodeo, Estes Park, COWestern Stampede Rodeo, West Jordan, UTAttachment E. Entry Numbers Before and After Cervi Acquired Contract DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 EXHIBIT B Insurance Certificate DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/13/2021 Andreini &Company-Okla City 14101 Wireless Way,Suite 350 Oklahoma City OK 73134 650-573-1111 650-378-4361 Manufacturers Alliance Ins.Co 36897 CERVI-1 Mike Cervi Championship Rodeo,LLC PO Box 1930 Greeley CO 80631 1621145484 A 1,000,000 X Y Y 1520011009752 6/1/2020 6/1/2021 Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers as an Additional Insured to automobile liability coverage per the terms of attached endorsement when required per written contract agreement Eagle County Fair &Rodeo 426 Fairgrounds Rd. Eagle CO 81631 DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57 DocuSign Envelope ID: F40D4E7C-B1A5-4AD4-930E-D624183B5B57