HomeMy WebLinkAbout20101944.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- ROO JUMP
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 19th Judicial District Attorney's Office, and Roo Jump, commencing and
ending August 28, 2010, 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
19th Judicial District Attorney's Office, and Roo Jump 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 23rd day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i Ti ' `'. t!.r�. u� Jr
,s l;'��!-`•.,. 'o •la- Radem- her, ' hair
Weld County Clerk to th=[�:•
♦'" �. �rbara Kirkmeyer, ro-Tem
BY /O , I/, E .>d92/1
utt' C er the Board ;
Sean . Co --�
APP ED A FO
m . Garc
ounty Attorney RyndA
David E. Long
Date of signature: 2/190�r�CVe
pYA 2010-1944
S-3k-10 DA0022
Professional Service Agreement
Roo Jump
THIS AGREEMENT is made this 3 of , 2010, by and between the Board of
County Commissioners of Weld County, Colorado, whose address is 915 10th Street, Greeley,
Colorado 80631, hereinafter referred to as the "County," on behalf of the District Attorney for
the 19th Judicial District, and Roo Jumps, whose address is 3946 Carson Ave., Evans, CO
80620,hereinafter referred to as the "Contractor."
WITNESSETH:
County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree as follows:
SECTION I-RESPONSIBILTIES OF CONTRACTOR:
Contractor shall provide amusement equipment known as a"jump house" and "bungee
run" (collectively referred to herein as "Roo JumR")to operate continuously during a picnic for
th W ld County strict Attorney's Office on {-vi3cSt �.__ , 2010, at
recavt'i'c.' (Ic-f k in Greeley, Colorado ("the Picnic Site"), for the price of
$ C. ,which shall be paid at the time of delivery of the Roo Jump to the Picnic Site.
Contractor agrees to the following:
1. Contractor shall ensure that the Roo Jump is in a safe and proper working
condition prior to leaving it for use at the Picnic Site. The time of delivery shall
be approximately //} C) C A M , and pickup whall be approximately
3= 0-
2. Contractor shall have the sole authority to determine if weather conditions would
present risk of damage to the Roo Jump and to cancel accordingly. "Weather
conditions" include, but are not limited to, wind, rain, cold or mud. Contractor's
Representative shall contact County's Representative prior to delivering the
equipment if the weather is questionable. Once the equipment arrives at the
event, and is set up, payment is not refundable.
3. Contractor shall adhere to all federal, state, and local laws and regulations
including, but not limited to, the laws of the State of Colorado and of the County
of Weld.
4. Contractor's Representative shall be Ken flaring (970) 622-0055.
5, Proof of insurance. Contractor shall furnish a certificate of insurance for
commercial general liability upon notification of award and prior to performance.
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 of insurance.
1 2010-1944
Comprehensive General Liability Insurance: to include products liability,
completed operations, contractual, broad from property damage and personal
injury. Said insurance shall include coverage for any and all personal injuries to
Participants, audience members, and volunteers arising out of Roo Jump's
activities.
Each Occurrence $1,000,000
General Aggregate $1,000,000
►Contractor's comprehensive general liability policies and/or certificates of
insurance shall be issued to include "Weld County, Colorado; the Board of
County Commissioners of Weld County; the District Attorney for the 19th
Judicial District; and their employees" as "additional named insured" and
shall include the following provisions:
Underwriters shall have no right of recovery or subrogation against the County, it
being the intent of the parties that the insurance policies so affected shall protect
both parties and be primary coverage for any and all losses resulting from the
actions or negligence of Contractor, or injuries arising out of Roo Jump, as a
result of such activities.
The insurance companies issuing the policy or policies shall have no recourse
against the County for payment of any premiums due or for any assessments
under any form of any policy.
Any and all deductibles contained in any insurance policy shall be assumed by
and at the sole risk of Contractor
Each insurance policy herein required 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.
All insurers of Contractor must be licensed or approved to do business in the State
of Colorado.
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 election of the County, maybe
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 the obligations of Contractor
concerning indemnification.
2
SECTION H-RESPONSIBILITES OF THE COUNTY:
1. County agrees to supervise both the Roo Jump and its use at all times said
equipment is in the possession of the County. A set of directions for use and
safety rules shall accompany the Roo Jump at arrival at the Picnic Site and
County agrees to follow and utilize said directions at all times during the
operation and use of the Roo Jump.
2. County shall pay Contractor the sum of$ upon delivery of the Roo Jump to
the Picnic Site. County shall not be obligated to pay any further costs or expenses
associated with the use of the Roo Jump.
3. County's Representative shall be Jennifer Finch (970) 356-4010.
4. County shall not be responsible for damage to the Roo Jump.
5. County shall require all persons or parents of persons who enter the Roo Jump to
sign the form which is attached hereto as Exhibit "A."
SECTION III —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 not entitled to workers'
compensation benefits from the 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 IV-TERMINATION:
Time is of the essence in 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 the 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 case 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 V—MUTUAL UNDERSTANDINGS:
1. Integration of Understanding,
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.
3
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 shalt 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. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
4
IN WITNESS WHEREOF, the parties hereto execute this contract on the day first above
urritten
ATTEST: COUNTY:
CT.FRK OF THE RO CHAIRMAN OF TTTF. BOARD OF
1861 t O Qv WFT.T) COITNTY COMMTSSTONFR,S
STT ncitoi
eputy CI to the Board Dougl Radem cher, Chairman
CONTRACTOR- AUG 2 3 2010
By: k;e1
Title:
ounie ,C
5 07(77, - /29/7
ATE CERTIFICATE OF INSURANCE D v1
08/182010
PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
rchasing al Special u Events d and r theInc. RRetention Purchasing Risk Retention Act of 1986;Federal Law 97- CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR
45. NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED
P.O.Box BY THE INSURANCE POLICIES BELOW.
Sandy,UT8 84091-0469
800-321-1493 INSURERS AFFORDING COVERAGE
INSURED INSURER A: NOTICE:Coverage is being provided as part of a Master Group
Kalm Enterprises,LLC INSURER B Policy issued to members of the International Special Events and
Recreation Association,Inc.
INSURER C.
a Risk Retention'Purchasing Group'authorized under the Risk
Roo lumps INSURER O: Retention Act of 1986:Federal Law 97-45.
3946 Carson Ave IMICI'Pro r'•
Evans, CO 80620 "LIMITS SHOWN ARE THOSE IN Certain Underwriters at Lloyds,London
EFFECT AS OF POLICY INCEPTION"
COVERAGES
The policies of insurance listed below have been issued to the insured named above for the policy indicated. Notwithstanding any requirement,term or condition of any contractor
other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and
conditions of such policies.Aggregate limits shown may have been reduced by paid claims.
POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MM/DD/YY) LIMITS
W Commercial Liability LAP0288-10040024 4/13/2010 4/13/2011 $100,000 Per Person
$1,000,000 Per Accident
U Claims Made $2,000,000 Policy Aggregate
❑ PRODUCTS
U Excuding Products and Complete
❑ Commercial Auto Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
O.T.R.P.D.
❑ Garaae CoveraaQ
G.K.L.L.
Drive Away
D.O.C.
Cargo
On Hook
Contractual Liability
Wrongful Repossession
❑ Fxcess Liability
❑ Claims Made
LIMITATION OF COVERAGE FOR ADDITIONAL INSURED
Liability Coverage is only provided to the Additional Insured with respect to Accidents otherwise covered under the Policy/Coverage Contract where the Insured is found directly
liable and not where the Additional Insured is found independently negligent of the Insured.For the Date of Event 8/28/10 ONLY
DESCRIPTION OF OPERADON/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISION
Coverage is limited to only insured activities or operations on the Participant Member Declaration Certificate or as may be separately endorsed.Snack Bar-Food Concession-
Products Liability-Food Only,Amusement-Supervised-Scheduled Interactive& Inflatable Game Rental-.,Amusement-Non Supervised-Scheduled Interactive& Inflatable
Game Rental-..Amusement-Dunk Tanks..Amusement-Sumo Suits..Amusement-Buneee Bull..Inflatable Climbina Mountain..Amusement-Scheduled Inflatable.
❑I CERTIFICATE HOLDER I U I ADDITIONAL INSURED H I LOSS PAYEE
Weld County,Colorado,the Broad of County Commissions of Weld County, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF.THE ISSUING INSURER WILL MAIL 0 DAYS WRITTEN
the District Attomy for the 19th Judicial District,&their employees NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
915 10th St.
Greeley, CO 80671
Jennifer Finch
AUTHORIZED REPRESENT E�t IUR G GROUP'
Ant
ISERA-F-014 03OCT2005
ADDITIONAL NAMED INSURED ENDORSEMENT
FOR STATE OR POLITICAL SUBDIVISIONS AND U.S. GOVERNMENT AGENCIES
RCL-99-13
This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read
it carefully!
The"Who is a Participating Member?" provision of this Coverage Contract shall include as an additional
Named Insured under the Coverage Contract issued, any state, political subdivision, or U.S. government
agency so designated in the schedule below("Additional Named Insured"), subject to the following
additional provisions:
1. Coverage applies only to operations performed by or on behalf of the Participating Member for which an
Additional Named Insured has issued a permit to the Participating Member, and only with respect to
liability arising from the operations of the Participating Member shown on the Participating Member's
Declarations Page.
2. No coverage exists for Bodily Injury or Property Damage arising out of operations for which a permit was
not issued by an Additional Named Insured.
3. Liability coverage is provided to, and the Insurer has the duty to defend, any Additional Named Insured
listed below only with respect to injury, loss, or damage associated with the Participating Member's use
and occupancy of State or Federal lands covered by this Coverage Contract.
4. If the Participating Member fails to conduct special permit activities in full compliance with the special
representations that are a part of this Coverage Contract, then the Coverage Contract shall nevertheless
apply; however, special use permit activities that are not conducted in full compliance with the special
representations are subject to an automatic and immediate$5,000 increase of the Participating
Member's Self-Insured Retention.
5. No Endorsements issued after the initial Coverage Contract shall be added to the Coverage Contract
without the approval of the Additional Named Insured.
6. The Participating Member may use a participant agreement form approved by the Additional Named
Insured. This participating agreement provision supersedes any contrary provision contained in the Policy
or any other Endorsement.
7. Should this Coverage Contract be cancelled before the end of its stated term, the Insurer shall give any
Additional Named Insured 30 day's prior written notice of such cancellation. If notice to any Additional
Named Insured is not provided for any reason, the Participating Member's Coverage Contract will cancel;
however, coverage will be provided to any Additional Named Insured through the stated term or until proper
notice is delivered.
Master Coverage Contract# LAP0288 Certificate# 10040024
Participating Member: Kalm Enterprises, LLC
Effective Date: 8/18/2010 Date Issued: 8/18/2010
Additional Named Insured -Designation of State, Political Subdivision, or U.S. Government Agency:
Weld County, Colorado, the Broad of County Commissions of Weld County,
the District Attorny for the 19th Judicial District, &their employees
Attention: Jennifer Finch
915 10th St.
Greeley, CO 80671
Endorsement# 7
RCL-99-13 21APR2004 Page 1 of 1
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