HomeMy WebLinkAbout20121816.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
-WOW BUBBLES, 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 Service Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Fair Board, and WOW Bubbles, LLC, commencing from the
date of execution by the Board of County Commissioners and ending July 28, 2012, 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 Service Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Fair Board, and WOW Bubbles, 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 16th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��
Sean P. Cones hair
Weld County Clerk to the Board
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Lam, illiam F. Garcia, Pr -T m
BY:
Deputy Cl-1 tot Boar.,, 18et (R�,aay �4t..i A Ct/J.L _ 1/ /RJ41o/_
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AP D AS T►- .yT c
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�� David E. Long
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Date of signature: ' lb I a-
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EX0026
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Weld County Board Of Commissioners
WOW Bubbles LLC.
Professional Services Agreement 2012 Weld County Fair
THIS ACREIiMENT is made this l day of July 2012, by and between the Board of County
Commissioners of Weld County, Colorado, 1 150 O Street,Greeley,Colorado 80632, hereinafter referred to as
"County,"on behalf of the Weld County Fair Board, and WOW Bubbles LLC., 905 McIntire Street, Boulder,
CO 80829,represented by Stephanie Skim, hereinafter referred to as"Contractor."
WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree as follows:
SECTION 1 SERVICES AND RESPONSIBILITIES OF CONTRACTOR
Contractor shall provide all necessary personnel and equipment to provide recreational rides to the public
inside inflatable bubbles floating on water(hereinafter"Event")for the 2012 Weld County Pair on July 27,28,
and 29,at the Island Grove Park in Greeley,Colorado.
Bubble rides shall he offered to the public from 9 a.m. to 5 p.m. on July 27 and 28,and from 8 a.m. to 4
p.m. on July 29. Five bubbles shall be available for rides at all times.
The Contractor shall not charge any member of the public for participating in the Event and the only
compensation Contractor shall receive is detailed in Section IV of this Agreement.
Contractor shall, as part of putting on the Evart,be responsible for providing the following:
I. Plastic bubbles, wading pool, sun canopy,safety fencing, any additional equipment necessary to produce
the Event, and a sufficient number of trained personnel to ensure the safe and efficient operation of the
Event.
2. Waiver, Contractor shall provide copies of the"2012 WELD COUNTY FAIR WOW BUBBLES
PARTICIPANT SAFETY RULES AND RELEASE, HOLD HARMLESS, AND
IN DIWMNIFICATION;"attached hereto and incorporated herein as Exhibit A, to all participants, or the
parent or guardian of the participant. Contractor shall ensure that the participant,or the parent or
guardian. understands the loan and signs and dates it prior to participation. Contractor shall maintain
copies of the signed forms and provide them to the County upon the expiration of this Agreement.
3. Prguf of Insurance., Contractor shall furnish a certificate of insurance for commercial general liability,
comprehensive automobile liability, and worker's compensation upon notification of award and prior to
Event. Work shall not commence under this Agreement until Contractor has submitted to the County
and received approval thereof,the certificate of insurance showing compliance with the following types
and coverage ol'insurance.
a. Comprehensive General Ilability Insurance: To include products liability, completed operations,
contractual, and broad form property damage and personal injury. Said insurance shall include
coverage for any and all personal injuries to Contractor, Contractor's employees, participants,
members of the public, and Weld County Fair volunteers arising out of the Event's activities. The
Comprehensive General Liability Insurance shall he in the following minimum amounts:
Each Occurrence $1,000,000
2012-1816
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General Aggregate $1,000.000
Contractor's Comprehensive General Liability Insurance policies and/or certificates of insurance
shall he issued to include Weld County as an additional insured party and shall include the following
provisions:
i. The insurance company issuing the policy shall have no right of recovery or subrogation
against Weld County, its officers, employees, or agents, it being the intent of Weld
County and Contractor, that the insurance policy so affected shall protect both parties and
shall be the primary coverage for any and all losses resulting from the actions or
negligence of Contractor 11w injuries arising out of Contractor's activities.
ii. The insurance company issuing the policy shall have no recourse against Weld County,
its officers, employees, or agents, for payment of any premiums due or for any
assessments under any lorni of any policy.
h. Comprehensive Automobile liability Insurance: To include all motor vehicles owned, hired, leased,
or borrowed.
Bodily Injury/Property Damage $1,000,000 (each occurrence)
Personal Injury Protection As Required by Colorado Statutes
e, Workman's Compensation Insurance: As Required by Colorado Statutes.
4. Each insurance policy herein required shall he endorsed to state that coverage shall not he suspended,
voided, or cancelled without thirty (30)days prior written notice to the County by certified mail,return
receipt requested. All insurers of Contractor must be licensed or approved to do business in the State of
Colorado.
5. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of
Contractor.
6. 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 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 he construed to conflict with any of the Contractor's
indemnification obligations.
SECTION Il - RESPONSIBILITES OF COUNTY
County shall provide the following to Contractor:
I. An area at Island Grove Park sufficient for Contractor to operate the Event,
2. Access to sufficient water and electrical service to enable Contractor to operate the Event.
Z abed 00000-000-000 00:0Z ZZOZ'Zt 'If1r
SECTION III—TERM
The term of this Agreement shall commence upon the date of execution by both the Contractor and the
County, and end on Sunday,July 29, 2(112, after the completion of the Event and any associated clean up or
post-Ivent activities.
SECTION IV—PAYMENT AND FEE SCHEDULE
Contractor shall receive a total payment of three-thousand six-hundred dollars($3600.00) for putting on
the I'.vent pursuant to the terms of this Agreement. Payment shall he made upon satisfactory completion of the
last day of the Event on July 29, 2012. County shall not he obligated to pay any further costs or expenses
associated with Contractor.
In the event Contractor does not perlbrm the Event as specified in this Agreement for the full three days,
July 27, 28, and 29, Contractor shall be paid $1200.00 for each full day upon which the Event was performed
pursuant to the terms of this Agreement. Contractor shall not he paid for partial days.
SECTION V —INDEPENDENT CONTRACTOR
Pursuant to the Workers' Compensation Act.8-40-202(2)(b)(I V),C.R.S.,as amended, Contractor
understands that it and its employees and servants are 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.
SECTION VI — INDEMNIFICATION
Contractor agrees to indemnify and hold harmless County, its officers, agents,and employees, from and
against any and all claims,suits, expenses, damages, or other injury to persons, entities, or properly caused or
sustained by any person(s)during the term of this Agreement as a result of Contractor's 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 ofthis 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 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 of another 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 the Agreement and pursue any remedy recognized by Colorado
law.
SECTION VIII —MUTUAL UNDERSTANDINGS
I. Integration of Understanding
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This Agreement contains the entire understanding of the parties hereto and neither it, no the rights and
obligations hereunder, may be charged, 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, 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 the County and Contractor, shall be for the sole
and exclusive benefit of the 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. Governmental Immunity
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
In Witness Whereof, the parties _._ mute this contract on the day first above written.
ti\fit
ATTEST:
„CLERK OF THE BOARD 6\ 4t ,.7 CHAIRMAN OF THE BOARD OF
t._ ' , t, , 'CHAIRMAN
COUNTY COMMISSIONERS
:7491 p
1 6 2012 Chair,Sean P. wfim 201?v
Date: JUL cgn
Date:
Approved as to form: CONTRACTOR:
_ Q9-(1. -}� dam
t4 j Wel ou ty ttorney's Office Stephanie Sloim, WOW Bubbles LLC.
Date: JUL 16 2012 Date: l 15 I
Approved as to substance:
Terry Sandmeier
Weld County Fair Board President
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EXHIBIT A
2012 WELD COUNTY FAIR WOW BUBBLES PARTICIPANT SAFETY RULES AND
RELEASE, HOLD HARMLESS, AND INDEMNIFICATION
NAME OF PARTICIPANT (please print):
WOW BUBBLES SAFETY RULES:
1. ALWAYS FOLLOW THE OPERATORS INSTRUCTIONS.
2. NO SHARP OBJECTS, GUM OR CANDY TO BE TAKEN INTO THE WOW BUBBLES.
3. WHEN THE WOW BUBBLE IS BEING INFLATED, FACE AWAY FROM BLOWER.
4. WHEN ENTERING AND EXITING THE WATER, REMAIN SEATED WHEN IT IS SAFE TO DO SO,
UNLESS INSTRUCTED OTHERWISE.
5. DO NOT ATTEMPT TO RUN OVER THE POOL WALL.
6. IF YOU WISH TO EXIT THE WOW BUBBLE EARLY, SIT DOWN AND RAISE YOUR HANDS.
7. ONLY ONE PERSON IN A WOW BUBBLE AT A TIME.
PARTICIPANT, or parent/guardian, acknowledges that his or her participation in the Weld County WOW
Bubbles event,by virtue of its physical nature and association with water and closed spaces, carries with it possible risks
for injury, damage, or other loss.
With complete understanding of the risks of participation in the Weld County WOW Bubbles event,
PARTICIPANT,or parent/guardian, hereby voluntarily releases and agrees to hold harmless and indemnify,on his or her
own behalf and on behalf of his or her heirs,successors,and assigns,WOW Bubbles, its officers, agents,and employees;
the Fair Board; Weld County Fair volunteers; the County of Weld and its employees, officers,and agents; the Board of
County Commissioners of the County of Weld; the Weld County Extension and its employees,officers, and agents (the
"Releases"),from any and all claims and liability,past,present, or future,for any injury or damage to PARTICIPANT, or
to his or her property, resulting from any cause whatsoever occurring in the course of his or her participation,excepting
only such injury or damage resulting from the willful and wanton acts of the Releases. The PARTICIPANT,or
parent/guardian, also agrees to hold harmless and indemnify the Releases from any and all claims and liability,past,
present, or future, for any injury or damage to third parties, resulting from the negligent or intentional acts of the
PARTICIPANT occurring in the course of the Weld County WOW Bubbles event.
PARTICIPANT,or parent/guardian, further understands that the Releases who are associated with Weld County
government maybe immune to liability C.R.S. §§ 24-10-101, et. seq.,by virtue of their governmental status.
PARTICIPANT acknowledges and agrees that this Release,Hold Harmless and Indemnification herein stated, is not
intended to circumvent or replace such immunities.
By signing this document,Participant and/or parent/guardian acknowledges that he or she has read and
understands all of the SAFETY RULES and provisions contained herein and agrees to abide and be bound by them.
Signed this day of July 2012.
Signature of Participant or of Parent or Guardian if Minor
Printed Name of Parent or Guardian if signing on behalf of Participant
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