2024 Fair Rodeo Contract

Board of County Commissioners - Staff Report

Service ● Excellence ● Collaboration ● Accountability ● Positivity ● Innovation

Matters from Staff Agenda Item #17

Meeting Date: Tuesday March 19

, 2024 Presenter: Rachel Grimes, Fair Manager

Submitting Dept: General Services – Fair & Fairgrounds Subject: 2024 Fair Rodeo Stock Contract

Statement / Purpose:

Consideration of a contract to support the 2024 Teton County Fair Rodeo stock contract needs.

Background / Description (Pros & Cons):

The Fair Board and the Fair Rodeo Committee opted to utilize the RFQ process to find a stock contractor this

year instead of the bid process like they have in the past. Both groups wanted the ability to review each

proposal through a more comprehensive lens versus only looking at bid prices. With the Fair Rodeo

Committee’s recommendation, the Fair Board approved the Fair Rodeo Stock Contract RFQ at their regular

meeting on January 8

, 2024.

The RFQ and invitation to submit a proposal for the Fair Rodeo Stock Contract was published in the JH News &

Guide on January 24

and 31

. The invitation to submit a proposal and the supporting documents were

posted on www.publicpurchase.com and www.tetoncountyfair.com throughout that time. The invitation to

submit a proposal closed on Friday February 2

at 4:00PM.

The Fair Board received two proposals and they are pictured below.

Diamond H Rodeo – Wayne Hebdon

Hoggan Rodeo – Kevin Carpenter

$21,500

$25,000

The Fair Rodeo Committee met on February 8

and interviewed both stock contractors via Zoom. Per the

scoring matrix and criteria set in the RFQ, Diamond H Rodeo scored higher than Hoggan Rodeo. The

committee then recommended that the Fair Board approve Diamond H Rodeo’s proposal.

The Fair Board recommended approval by the Board of County Commissioners of Diamond H Rodeo’s

proposal for $21,500.00 at their regular meeting on February 12

, 2024.

Stakeholder Analysis & Involvement:

Again, this year the Fair Board chose to put the Fair Service Contracts and Fair Rodeo RFQ out for bid earlier

than they have in the past so they would have real numbers to put in the FY25 budget request, rather than

estimates based on previous year’s bids.

Although Diamond H Rodeo submitted bid in 2023, this will be the first time the Fair Board has worked with

them to put on the Fair Rodeo. Diamond H Rodeo is based out of northwest Utah and has extensive stock

contracting experience all over Utah and Idaho. Diamond H is in the business of travelling from one

Fairgrounds to another to put on a rodeo and the Fair Board is excited to work with them to produce the show

that the Fair Rodeo Committee has been working toward for the last few years. From now until the day of the

rodeo, the committee and contractor will meet regularly to figure out every detail in advance, ensuring a fun

and entertaining experience for contestants and fairgoers alike.

Fiscal Impact:

Funds are being requested for the full amount of $21,500.00 in the budget item #32-4-032-900-002 (Fair

Events & Shows) for FY25.

Board of County Commissioners - Staff Report

Service ● Excellence ● Collaboration ● Accountability ● Positivity ● Innovation

Matters from Staff Agenda Item #17

Staff Impact:

Staff will experience some additional impacts just through working with a new stock contractor this year.

Legal Review:

Gingery

Staff Input / Recommendation:

Staff recommends approval of this contract.

Attachments:

RFQ & Scope of Work

Contract

Suggested Motion:

I move to approve the contract with Diamond H Rodeo – Wayne Hebdon for the 2024 Fair Rodeo event in the

amount of $21,500.00.

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CONTRACT FOR SERVICES AGREEMENT

FAIR RODEO STOCK CONTRACT NEEDS OF TETON COUNTY FAIR

CONTRACT FOR SERVICES AGREEMENT made effective on the 19

of March 2024 by and

between TETON COUNTY, WYOMING, hereinafter referred to as "County" and Diamond H

Rodeo hereinafter referred to as "Contractor."

1. ENGAGEMENT OF SERVICES. County hereby hires and engages Contractor as an

independent contractor and subject to the remaining terms and conditions of this agreement,

and Contractor, by execution hereof, hereby accepts such appointment and agrees to comply

with the terms and perform all the conditions herein.

2. TERM. The term of this agreement shall commence and terminate on July 27

, 2024,

unless sooner terminated by either party.

3. COMPENSATION. County agrees to pay Contractor, as full compensation for all

services provided hereunder, compensation in the amounts and based upon the schedules

shown on Scope of Work attached hereto and made a part hereof. Notwithstanding the

foregoing, unless specifically agreed to in writing by County, Contractor shall not receive

compensation in excess of $21,500.00. The amount of compensation shall not vary in any

way whatsoever as a result of the time of day the services are performed. Contractor will be

paid in full upon successful execution and completion of the Fair Rodeo long go (slack) and

performance (short go) on Saturday July 27

, 2024. Failure to fully comply with the Scope of

Work shall cause deductions in compensation at the discretion of Teton County, WY.

4. WORK. The work agreed to be performed by Contractor hereunder shall generally be

described as: Fair Rodeo Stock Contract needs of the Teton County Fair and as more fully set

forth on the Scope of Work attached hereto and made a part hereof. Unless otherwise agreed

to, the hours during which said services are performed shall be solely within the discretion of

Contractor.

5. RELATIONSHIP OF PARTIES. The parties to this agreement intend that the relationship

between them created by this contract is that of employer-independent contractor. Neither

Contractor nor its employees are to be considered as an agent, employee or servant of

County. County is interested only in the results obtained under this contract; the manner and

means of conducting the work and the time at which it is performed are under the sole control

Page | 2

of Contractor. None of the benefits provided by County to its employees, including but not

limited to compensation insurance and unemployment insurance, are available from County

to Contractor or its employees or subcontractors, nor shall County withhold, deduct or pay any

federal, state or local withholding tax, FICA, or unemployment or workmen's compensation

taxes or withholdings. The compensation set forth above is based upon this relationship and

shall be adjusted accordingly in the event it should later be determined that Contractor’s

relationship to County is otherwise than stated here. Any sums paid to Contractor in excess of

those so adjusted shall be repaid by Contractor immediately.

6. ASSIGNMENT. This agreement may not be assigned by Contractor nor sub-contracted out

nor may the services be performed by any entity other than Contractor without the prior

written consent of County.

7. INDEMNITY & INSURANCE. Contractor agrees to indemnify and hold County harmless from

any and all claims, damages, costs, liability or expenses (including attorney’s fees) arising out

of the performance of the work. Contractor will provide County with a copy of a valid insurance

certificate valued with a minimum of $1,000,000 for the scope of work agreed to. Contractor

shall act at all times in a safe manner. Under the influence of alcohol or drugs during work

performance will be cause for immediate termination.

8. TERMINATION. Either party may terminate this agreement upon written notice to the other

party; provided, however, that all compensation-earned or costs incurred prior to such

termination shall be payable to Contractor. Written notice shall be served upon the other party

by United States certified mail, postage prepaid, and shall be deemed to be given when

mailed to the other party at the address listed for that party listed in this Agreement.

9. ENTIRE AGREEMENT. This instrument together with the schedules and exhibits attached

hereto contains the entire agreement between the parties, and may not be changed orally,

but only by agreement in writing signed by the party against whom enforcement of any waiver,

change, modification, or discharge is sought.

10. LAWS OF WYOMING. The laws of the State of Wyoming shall apply to the enforcement of

this agreement. Any dispute or lawsuit with regard to this agreement shall be resolved using

Wyoming law.

11. ATTORNEY’S FEES. In the event that any party shall become in default or breach any

terms of this Agreement, such defaulting party or breaching party shall pay all reasonable

attorney’s fees and other expenses which the non-breaching or non-defaulting party may incur

in enforcing this Agreement with or without suit.

12. WAIVER. The waiver by either party of any breach of any term or condition herein

contained shall not be deemed to be a waiver of such term or condition herein contained. No

term or condition of this Agreement shall be deemed to have been waived by the parties,

unless such waiver be in writing.

Page | 3

IN WITNESS WHEREOF, the parties have executed this agreement to be effective on the day

and year first above written.

TETON COUNTY, WYOMING

_________________________ ___________

Luther Propst, Chair Date

Teton County Board of County Commissioners

Attest:

________________________

Maureen E. Murphy,

Teton County Clerk

Contractor

_________________________ ____________

Diamond H Rodeo Date

Wayne Hebdon

(435) 770-6480