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Home My WebLink About20232088.tiffRESOLUTION RE: APPROVE TENT RENTAL CONTRACT FOR PIG SHOW RING AT 2023 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN ELECTRONICALLY - FLEXX PRODUCTIONS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Tent Rental Contract for the Pig Show Ring at the 2023 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension Office/Weld County Fair Board, and Flexx Productions, LLC, commencing July 20, 2023, and ending August 2, 2023, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Tent Rental Contract for the Pig Show Ring at the 2023 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension Office/Weld County Fair Board, and Flexx Productions, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign said contract, effective July 19, 2023. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of July, A.D., 2023, nunc pro tunc July 19, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da,44) ;vk Weld County Clerk to the Board BYCAaui to .+OaO tU-a. Deputy Clerk to the Board APP' o EDRM: unty = orney me -11 Date of signature: I ZD 2 Mike eman, Chair Perr L. B k. Pro-Tem iott . James D. Ross 257-4,& cc:Ex(Ks /cA) off/t7 /23 2023-2088 EX0031 Page 1 of2 FLEXX TENTS • EVENTS productiofls PARTY RENTALS 1833 E. Harmony#19 Fort Collins, CO 80528 Office 910.223.1195 Fax: 970.226.0528 www.FLEXXproductions.com Weld County 915 10th St Greeley, CO 80631 Operating Delivery/Pick-up Hours: 7:30am-6:00pm (M -SUN) Operating Will -Call Hours: 9:00am-3:30pm (M -F) Ordered By: Kevin Ross (970) 381-5172 Sales Rep: HANNAH Gossman 970-223-1195 HANNAH@FLEXXproductions.com Delivery Thu 7/20/2023 8:00AM - 5:00PM Kevin Ross 970-381-5172 Island Grove Event Center 501 N . 14 Ave Greeley, CO 80631 HG [SEE TECH NOTES] del 7/20 8:00-5:00pm SET BY EOD pu 8/2 8:00-5:00pm DOWN BY EOD Customer #: 3322 Phone 970-356-4000 Status: Reservation Contract #: 24883 Event Beg: Thu 7/20/2023 9:00AM Event End: Wed 8/ 2/2023 3:30PM Operator: HANNAH Gossman Job Descr: Weld County Fair 2023 - LAST MINUTE TENT RENTAL Pickup Wed 8/ 2/2023 8:00AM - 5:00PM Kevin Ross 970-381-5172 Island Grove Event Center 501 N. 14 Ave Greeley, CO 80631 [TECH NOTES] map pending [CLIENT/PAYMENT NOTES] FLEXX Requires payment in Full (lat minute booking), credit card on file, and signature on contract to officially reserve Qty Items Rented 1 EachL Price 1 2 1 I 1 1 1 1 $11,914.00 $299.00 $0.00 $0.00 / $325.00 $0.28 $125.00 $0.00 $0.001 ' TENTING TENT- [Tent (2) Equipment -Fire 40X120 No Safety Smoking - POLE Kit] TENT Signs, (2) Exit Signs, (2) Fire Extinguisher Signs w/ Hooks, and Zip Ties $11,914.00 $149.50 $0.00 Discount / Disc% TENT OX DELIVERY/PICKUP Delivery/Pickup Cost Retail Tent-Safety/Permits Tent-FLEXX Delivery per to Greeley vehicle (subject Fee (State Greeley Call in to fluctuate with addition or removal of product) of Co) Locates $325.00 $0.28 $125.00 $0.00 Discount / Disc% Thank you for your business! Rental: $12.213.00 Damage Waiver: $1,221.30 Sales: $125.28 Delivery Charge: $325.00 Subtotal: $13,884.58 Total: $13,884.58 Paid: $0.00 Amount Due: $13,884.58 I agree that my electronic signature, as represented here, is legally binding I hereby represent, warrant acknowledge, agree and attest that all contracts and documents submitted using my electronic signature have been signed by me, the Customer/Lessee/Guarantor (or the Customer's/Lessee's/Guarantor's duly authorized representative) identified in this Contract I understand that I am legally bound. obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature I certify that my electronic signature is for my own use. that I will keep it confidential, and that I have not assigned, licensed. delegated or shared it for use by any other party(ies) I agree to the electronic storage of this record and understand that viewing it requires a computer with access to the Internet and a modern web browser I understand that if I withdraw my consent to the electronic storage of this record and wish to obtain a paper copy. I must request one in person and may be charged a fee. By entering my electronic signature using the provided interface I declare that I 1 have read and understand this Contract (including as applicable, the Lessor's form(s) of Damage Waiver. Temporary Structures, Tables and Chairs and Delivery and Acceptance Addenda and/or Certificates) each of which is incorporated herein as if fully set forth); 2. am, or I am authorized to sign this Contract (including such Addenda and Certificates) on behalf of. the Customer/Lessee/Guarantor identified in the Contract, 3 agree to be bound by the terms and conditions of the Contract and such Addenda and Certificates, 4 PERSONALLY GUARANTEE the full and prompt payment and performance of all obligations of the Customer/Lessee arising hereunder and/or thereunder, and 5. understand that Point of Rental provides this e -signature service as a convenience and is not a party to the Contract Printed On Wed 7/19/2023 9'58'43AM , Software by Point -of -Rental Software www point -of -rental corn Modification #1 contract-params SQL rpt (1) Contract # 24883 Weld County Page 2 of 2 For good and valuable consideration you and Steadfast Event Solutions LLC drola FLEXX Productions (also referred to m this Contract as FP Lessor Yre us and our") agree as follows 1 As used herem P 1 means your Reservahpn Contract Order or other similar wmhng included herewith idenhfying the ierrmi being rented to you hereunder Contract' means P 1 together with these Terms and Conditions Rented Ilem(s) or Items) means the items) rented to you as identified on P 1 (including any Instructions provided per Section [or § ] 4 of this Contract) Site means the location where the Items) islare fo be delivered and/or used (d applicable) as set forth on P 1 and Cushimer and Lessee you and your mean the customer renter pr lessee identified on P 1 2 You agree to rent the Rented Items) from FP for the penod(s) speafied on P 1 (the 'Term ) and to pay FP the rental rates) set forth on P 1 (the Rent') together with any other charges accruing hereunder wlihout proration reduction pr setoff for the entire scheduled Term and until the Rented Items) is/are reo ed to end eaepted by FP Rental rates are for normal use of the Rented Items) on a perevent basis The Rent will be increased for any additional time or use You will not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder for time in transit Act(s) of God event(s) of farce maleure or any other penad(s) of nonuse We have estimated the Rent based on your estimate of the length of the Term (the Estimated Rent') You agree to pay FP (a)(i) any Deposit specified on P 1 (or d none 35% of the Estimated Rent) upon reservation and pQ at least 10 days before the Te m commences 100% of the remaining Estimated Rent (together with the Deposit, the Prepayment) and (b) all other amounts coming due hereunder upon demand by FP You agree that (a) FP may deduct any amount you owe us from any Prepayment, (b) no interest Will accrue on any Prepayment and (c) no Prepayment will be deemed a limit of your liability under or in connection with this Contract If your event is cancelled more than 30 days poor to your onamal, scheduled delivery date FP may but will not fL ob/weted to permitresrheduhng of your Rental or refund a potion of your Prepayment Prepayments are otherwise non refundable Anything with moron any Rented Item(s) upon return will at our option be deemed surrendered and abandoned You unit ensure the Site is clean safe secure and fit for delivery and use of the Rented der.) If we agree to provide any services (including delivery setup insda'Ilion and/or retrieval) of any Item(s) you agree to (a) pay our regular charges) for the same and for all waiting time (b) be present at the Site at the agreed times) and (c) ensure our personnel have full access to the Site at all times We will not be responsible for mishaps or delay(s) caused by you your agents or empbyees or any other parties including providers of other goods or nz of ( Other Providers ) for which you agree to indemnity defend and hold harmless FLEXX Productions II you are not present upon our delivery setup installation or retrieval of any Items) you agree to accept the statements of our representatives regarding the same (mcludmg the status condition quality and quantities of the Items) and the Sit) 4 Uppn the earlier of your receipt,or the delivery to the Site of the Rented Item(s) unless you thereupon reed it eedm you represent, warant, acknowledge and agree that (a) each Item T is complete and m good order condition and repair (n) is appropriate for your purposes and m all ways acceptable to you and pi) was selected (not based on env recommendation by usj, carefulty examined counted and tested by you or your agents) and (b) you (i) have received reviewed and understand all laws roles regulations training instructions user manuals maintenance requirements and other information d any including all applicable EPA, OSHA, ASME, IBC IFC, IEEE, ASSP, AN51 and other applicable standards (collechvety Instructions ) (n) will linty comply therewith (pu will use each Item city for its intended purpose m a reasonable and safe manner Qv) wall timely give all applicable notices) to and obtain all applicable licenses authonzahons permits and approvals from all affected parties mcludmg governmental authorities utilities cable companies and the owner) of the Ste and ensure that all underground lines cables and conduits are clearly and properly marked before using any Item(s) to disturb the ground surfaceFor this purpose contact 811 and go to www Coloiven 1 org at least 3 business days in advance (v) will immediately cease using any Item that is damaged breaks down or proves defective (a Malfunction) (v) will promptty notify the police d any Ilem(s) islare stolen or involved in any accident, andxnll ensure that all others comply with this Contract You will notify us immediately if any of the lore=ol shall prove incorrect or FseleE at anytime In the event of a Maltunchon as defined m § 4 you agree fo immediately notify and return the Malfunctioning Item to FP and provided such Malfunction did not result from or in connection with any wrongful or negligent acs) pr omissions) of or any breach pf this Contract by you or anyone you permit fo use occupy or otherwise deal with any Rented tems) (including your guests and invitees) we may at our option (a) repair the Malfunctioning Item (b) provide you with a comparable item ,c (c) solely with respect to the Mafiunchonmg Item return the unused portion of the Rent and cancel this Contract The foregoing remedies are EXCLUSIVE We will have no other obligahon(s) regarding Maliunchans all pf which you waive (including without limitation all direr; ntzto incidental and consequential damages) 6 Except with respect to Items vre rent from one or more third parties (each a "TPO ) and then relent to you Re Rented Ilem(s) ) FLEX)( Productions owns and will retain hUe to all Rented Items at all times You will have exclusive control over the Rened Items) doing the Tenn subiect however. to your obligation to Nlty and timely comply with this Contract at all times You SHALL NOT (a) pertnd the taking or existence of any hen claim security nlerest or encumbrance on any such Item (b) have any title or ownership interest n or with respect to any Rented Item (s) or (c) loan. trnsfer. sublease, repair, store, surrender or assign any Rented Item or this Contract without our poor written consent We may substitiite sell and/or assign any Rented Items) and/or all ar any part of our interests therein nd/or in this Contrail at any time m which even; you will attom to the assignee who will not be responsible Tor any preexisting obhgahons or liabilities of FP 7 SAFETY WARNINGS THE RENTED ITES) CAN BE DANGEROUS AND MAY MOVE SHIFT TIP SINK OVERTURN LEAK CR COLLAPSE PARTICULARLY DURING SEVERE WEATHER AND/OR ON STEEP TERRAIN YOU AGREE TO (A) EXERCISE AND TO CAUSE ALL OTHERS TO EXERCISE EXTREME CARE WHEN DEALING WITH SUCH ITEMS) (B) PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS OPERATORS AND OCCUPANTS OF THE RENTED ITEMS) (C) ensure that each Rented Item is used reasonably safely and on (i) for its intended purpose(s), (n) vntat its rated capacity (iii) at the Site (iv) by proper, trained, (weld -led, certified. FAMILIARIZED andlpr licensed (as applicable) ADULTS and (v) otherwise in lull compliance with this Cpntract and all applicable laws, rules and regulations at all times 8 SAFETY PRECAUTIONS You will no; nor will you permit anyone else to abuse misuse overuse conceal place in storage with any thud party repair modify or damage any Rented Item YOU ALSO AGREE TO (A) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED ITEMS) ARE SUPERVISED BY A COMPETENT ADULT AT LEAST 21 YEARS OF AGE AT ALL TIMES, (B) POST AN OSHACOMPLIANT EVACUATION PLAN ON OR NEAR EACH TEMPORARY STRUCTURE INCLUDED IN THE RENTED ITEM (S), and (C) EVACUATE AND permit FP to delay delivery, installation AND/OR USE of, or dismantle nd/or retrieve ANY or all rented dem(s) (without obligating us to do so) d any hazard (including without limitation severe weather) occors or threatens 9 Yau agree m maintain all insurance FP may require including at least (a) public and host liquor liability ngruance with minimum limits pf 31000000 per ocwrence (b) property dampvefinland marine insurance covering all Rented Items for the full (newt replacement cost thereof and (c) workers compensation and employers handity insurance All such policies shall to the maximum extent possible (Q name FP as an additional insured and loss payee (n) waive subrogation against FP QiQ he primary and non contributory (iv) include a severahifity pf interests clause and such other provisions as vre may regwre Ycu irrevocably appoint Steadfast Event Soluhons LLC as your agent and attorney in factfor purposes of submitting negohahng and settling claims and payments on all such pp6cies 10 no warranties FP IS NOT THE MANUFACTURER OR DESIGNER OF ANY of the ITEMS) referenced IN THIS CONTRACT ALL OF WHICH ARE PROVIDED 'AS IS' NEITHER FP NOR ANY TPO MAKES ANY WARRANTY(ies) IXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY SUITABILITY. FITNESS FOR A PARTICULAR PURPOSE FUNCTION DESIGN QUALITY CAPACITY FREEDOM FROM DEFECTS AND/OR CONTAMINATION AND/OR GOOD AND WORKMANLIKE PERFORMANCE AS WELL AS ANY WfILF Y(ies) arising FROM OR IN CONNECTION WITH any COURSE OF DEALING COURSE F PERFORMANCE D/ USAGE I TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) referenced HEREIN NOR DOES FLEXX PRODUCTIONS OR ANY TPO MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT ALL OF WHICH YOU WAIVE NO DESCRIPTIONS, SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY fp. INC OR ANY TPO THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT 11 INDEMNITY TO THE MAXIMUM IXTENT PERMITTED UNDER APPLICABLE LAW, YOU (A) ASSUME ALL RISKS INCLUDING WITHOUT LIMITATION RISK (S) OF PERSONAL and bodily INJURY ILLNESS LOSS PROPERTY DAMAGE AND CONTAMINATION OF TO AND/or ARISING IN CONNECTION WITH the ITEMS) AND ERVIES) REFERENCED IN THIS CONTRACT AS WELL AS ALL LIABILITIES CLAIMS DAMAGES losses costs and expenses (including attorneys fes) ARISING frpm and/or IN CONNECTION WITH THE SELECTION PROVISION INSPECTION DESIGN MANUFACTURE USE LOADING UNLOADING TRANSPORTATION DELIVERY SETUP INSTALLATION DEINSTALLATION MALFUNCTION COLLAPSE STORAGE CONTAMINATION CLEANING SERVICING MAINTENANCE REPAIR ANDR RETRIEVAL thereof WHETHER OR NOT YOUR FAULT (collectively risks fB) RELEASE AN0 DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Steadfast Event Solutions, LLC, EACH TPO and their respective owners shareholders members managers officers directors parthers agents affiliates empbyees insurers subrogees representaWes successors and assigns (each an Indemmtee ) for from and against all such RISKS as well as all other liabilities claims damages losses costs and expenses (including without limitation attorneys fees) ansmg from and/or in connection with the Rented Items) this Contrail and/or any breach hereof by you ypur agents employees contractors guests invitees sublessees successors and/or assigns and except city as provided in § 5 C(1 WAIVE all nghfs and remedies available under the Uniform Commercial Code as well as all direct, indirect incidental consequential general speaal exemplary and punitive damages against each and every Indemmtee 2 You agree to protect properly ilce„ a and care for each Rented Item at all times keep it safely and securely stored and locked when oat in use and return it to Flexx Productions on time at the end pf the Term complete clean free of mntammahon hums cuts stains discoloration and debris and m good condition property sernced and maintained and d applicable full of ilia appropriate fuel fluids and lubncanfs If you fall to do so then in addition to your other obhgahons arising under this Contract, you will pay us (a) Rent for each succeeding full rental period until all Rented Items) have been returned or replaced as required and (b) all costs and expenses we incur in cenne—en wNt such faaure (including without limitation all costs of cleaning repairs maintenance and/or replacements) ems the Rented ItPacke Certain Items may be delivered N pallets or n vales cartons or boxes and may be stacked bagged racked folded rolled and/pr strapped Packed ) Upon velum you will ensure that all Rented Items are properly Packed YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY IMPROPER PACKING MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE 13 If and only d. vre have offered and you have elected to purchase our Optional LIMITED Damage Waiver ('LDW ) and paid the nonrefundable LDW Fee set forth on P 1 before the Term commences then solely with resoecf b Item(s) covered by LDW ( Covered Items ) your liability for the cost tp repau or replace such Covered Items will be limited as set forth m our Damage Waiver Guide and Addendum the terms of which you hereby acknowledge and agree to You may decline LDW if you provide the property damage I inland marine insurance referenced in § 0 LDW IS NOT INSURANCE, NOR IS IT A WARRANTY 4 We may without further notice or habit, to you inspect and/or monitor (in person or electronically mcludmg via GPS and/or telemahce) any Items) at any time and all nformahon obtained will be our properly You consent fo such inspections) and manifonng and waive all claims with respect thereto You hereby grant to FP a perpetual royalty free worldwide right and license to create edit display and distribute one or more images of your evens) that include one or more Rented Items) If any performance required of us is delayed or impaired as a result of any actoromission of/by you any Other Provider(s) or any Act o/ God event of force maleure or any other event fact or circumstance beyond our reasonable control we will be excused from such performance You waive the benefits of all statutes of hmdahons regarding our rights and remedies All amounts due hereunder but not timely paid will bear interest at the lesser of (a) 18% per we or (b) the highest rate permitted under applicable raw until paid You auco ne us to submit all amounts due and coming due hereunder c any debit or credit cards) 'nu provide You agree to pay us the maximum lawful charge for any check you wile which is returned unpaid our maximum /other in connection with this Contract is limited to the pent we acIf a n receive from you hereunder for the Items) identified tin P 1 You will pay all sales use and other faxes as well as all tolls fines fees assessments and other charges related b the Rented Item (s) and/or this Contract If any legal action is commenced in the Item herewithcure will he enured to recover from you our associated attorneys fees costs and expenses d we prevail Neither our exercise nor our failure or delay in the exercise of any rights or remedies available under or m connection 'Yours Contract will constitute an election or waiver of any of our rights or remedies all of which are cumulative 15 Your Rental shall be deemed a net rental Accordingly you obligation to pay all Rent and other sums coming due under this Contract when due and to othervnse perform as required hereunder shall be absolute and uncondwanal and shall not be sub)ect to any present or future abatement, reduction setoff cpmpensr defense counterclaim cross -claim mterruphr deferment or recoupmen; for any reason If you or any guarantor shall Pa)(a) fad fo fully and timely honor pay perform or comply with this Cpntract, any other agreements) ( Other Contracts) ) ss if F you and m and/or any of your obligations arising (t)hereunder or m connection (t)by LDth (b) any incorrect or misleading mfortnabon to us (c) become mso,ent or bankrupt or (d) die or cease conducting business d FP shall deem itself insecure or d any Rented Item(s) shall be lost or unless covered by LDW per § 13 damaged you will be in defaultunder this Contrail and such Other ontracts) whereupon we may with or without legal process or notice (and without habit, to you) to the maximum extent permitted under applicable law (i) cancel the Term and/or the sub)ect Contracts) (and/or ypur rights to use and possess the Rented Item(s)) Qi) seek relief from stay 3) recover empty lock restrict, shut down disassemble and/or disable such Items) without being guiltyof breach trespass or wrongful mlerference or liable for any inlunes or property damage (for which you agree to indemnify defend and hold harmless each Indemnitee) (w) perform your obhgahons (t)hereunder on your behalf without being obligated to do so (v) purchase replacement Item(s) (vi) recover from you and/or any guarantor our associated direct and indirect damages losses costs and expenses (including without fiat hpn Rent for the entire scheduled Term overtime loss of use interest, attorneys fees retneval/repossession costs and collection costs) and/or (vii) pursue any one or more other nghis and/or remedies available (lJhereunder at law and/or n equity all of which are cumulative 6 This Cos3o3 and any Addend0 via provide (mcludmg as applicable our lei and Acceptance Certificate Evacuation Plan and/or Damage Waiver Gwde and Addendum) each of which is incorporated herem onstitutes) the entire agreement between you and FP superseding all other agreements and representations The terms of this Contract are severable If any provision hereof shall be deemed invalid or unenforceable by any court pf compethnt Tunsdiction such provision will be deleted and the remainder of this Contrail w711 remain valid and enforceable This Contract cannot othenvise be madfied without our written consent Time is of the essence These Terms and Conditions apply m all Item(s) identified on P 1 and to all other dens you obtain frpm us at any time (unless we otherwise agree in Wnhng) This Contract shall hind and be enforoeable by and against you FP the other Indemnitees and their respective permitted successors and assigns (there being nc other thud party beneficiaries heretc) This Contrail shall he interpreted and enforced under the laws of Colorado At the option of FP disputes) withrespect to this Contract and/or its sub)ect matter shall be submitted tp binding arbitration before a single arbitrator selected by FP at the offices of the American Arbitration Association located in or nearest fn Fort Collins CO Proper venue for all other civil legal actions commenced in connection herewith shall Ge soley I the federal state and local courts located In or nearest ct Lanmer County CO (unless waived at FP) You consent end submit thereto and waive all claims that such venue lies in an in forum EACH PARTY HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY Digital electronic phatocapied and lacsimded signatures and imhals hereon will be deemed originals 17 WARNING Obtaining retmnmg or exercising control over anything of value of another wvthout authorization or by means of threat or deception or without the consent of the owner or knowingly failing to return said property to the owner or provider within 72 hours abler the agreed upon time of return may he deemed theft, sub)echng the violator to CRIMINAL PROSECUTION AND/OR CIVIL PENALTIES See C R S 618-0-001 et. for details Pnnled On Wed 7/19/2023 9 58 43AM Software by Point of Rental Software www point of rental coin Modification #1 contract params SQL rot (1) Official Signature Page Agreement to Terms I agree that my electronic signature, as represented here, is legally binding I hereby represent and attest that all contracts, addenda and documents submitted using my electronic signature have been signed by me, the Customer/Lessee/Guarantor (or his/her/its duly authorized representative) identified in this Contract I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature I certify that my electronic signature is for my own use, that I will keep it confidential, and that I have not assigned, licensed, delegated or shared it for use by any other party(ies) I agree to the electronic storage of this record and understand that viewing it requires a computer with access to the Internet and a modern web browser I understand that if I withdraw my consent to the electronic storage of this record and wish to obtain a paper copy, I must request one A person and may be charged a fee By entering my electronic signature using the provided interface, I declare that 11 have read and understand this Contract, 2 am, or I am authorized to sign this Contract on behalf of, the Customer/Lessee/Guarantor identified in the Contract, 3 agree to be bound by the terms and conditions of the Contract, and 4 understand that Point of Rental provides this e -signature service as a convenience and is not a party to the Contract Signature Oavim Serlt`Ja- Weld County Identified By kross@weld gov From 204 133 39 9 On 07/19/2023 10 06 AM FLEXXaproductions . TEMPORARY STRUCTURES ADDENDUM FLEXX' 464 productions EVACUATION PLAN GUIDELINES OSHA Regulation, 29 CFR Section 1910.38 sets forth the requirements for an Emergency Evacuation Plan Tie tent(s), inflatable(s), amusement(s), stage(s), floor(s), and/or other temporary structure(s) (each being hereinafter referred to as a "Temporary Structure") you nave rented from Steadfast Event Solutions, LLC, d/b/a 'HLEXX Productions" (hereinafter also referred to as "FP," "Lessor " "we," "us," and "our") will be erected to provide temporary accommodations for your event Temporary structures can provide protection from moderate weather but ARE NOT DESIGNED FOR USE AS SHELTER IN SEVERE WEATHER. Consequently, one or more Item(s) rented from FP may need to be evacuated in the event of severe weather and/or other emergency situations. USE THIS ADDENDUM FOR ALL FUTURE RENTALS FROM FP. It is your ("Customer's" or "Lessee's") responsibility to ensure your guests' safety. FP recommends that you develop an emergency evacuation p►an, so you are prepared to act decisively in the event of an emergency during your event. Following are suggested guidelines for developing an emergency evacuation plan. Situation Why may need to evacuate you Lightning The temporary structure is not grounded. High / Gusty Winds (over 15 mph) It subjects structure to forces beyond its limitations; the structure cannot protect occupants from flying debris. Excessive Rain It subjects structure to forces beyond its limitations; saturation of ground with water may compromise securement. Snow, Hail and/or Sleet It subjects structure to forces beyond its limitations. Ice storm It subjects structure to forces beyond its limitations. Flooding Saturation of ground with water may compromise securement. Smoke, Fire or Explosion The structure cannot protect occupants from excessive heat, flames or flying debris, and may trap smoke, gas or other harmful airborne substances. Gas leak Leaks may create the risk of fire or explosion. Atmospheric conditions may not be suitable for occupants. Structure cannot protect occupants from physical harm due to riot, war, commotion, civil unrest, terrorism or threats thereof. Riot, Civil Earth (e.g., War. Commotion, Unrest, Terrorism movement tremor, landslide) Ground conditions may not be suitable for occupants and may compromise the structure's integrity, stability or securement. Note: This is not an all-inclusive list. You and your point person(s) should determine any and all emergency conditions that could arise during your event. BEFORE YOUR EVENT: 1. Emergency Shelter: Work with your point person(s) to determine where guests will seek shelter if necessary: • Identify 3 nearby permanent building large enough to accommodate your guests, or if no such auilding is avaiianle, another form of reasonably sufficient shelter or other location recommended by the National Weather Service or Emergency Alert System to serve as an emergency shelter. • Make sure the building will be open and accessible during your event. • Determine now guests will get there (e.g., the route to take, travel by foot or car, etc.). • Make a note of the building's address in case you have to call for emergency assistance. 2. Communication: Make sure you have telephone and other methods of communication in the event of injuries. Pre-program emergency numbers in your mobile phone so you can act quickly to call police and/or emergency response personnel if necessary Depending on the size of your event, backup communications may be needed in situations where there is no electrical power, cell phore sgnals are interrupted, etc. 3. Your Designated Point Person(s) Will be Responsible for: • Monitoring a weather source (such as the National Weather Service) two or more hours before your event begins, checking specifically for SEVERE WEATHER ALERTS. • Deciding whether or not to proceed with the event under tie tent(s) based on that informaton. • Checking each rented structure for any changes since installation (for example, stakes pulling out of the ground, loose poles, ropes or straps etc.). If severe weather occurs or threatens, or if you notice anything unusual call us immediately at: (9701-223-1195 DURING YOUR EVENT: 4. Monitor the WEATHER, and IMPLEMENT YOUR EVACUATION PLAN IF ANY ONE OR MORE OF THE FOLLOWING OCCUR'S): • Severe Weather Alert: If a Severe Weather Alert is posted by the National Weather Service. • Lightning Strike: If lightning strikes within 1 mile (count of less than 5 seconds between lighting and thunder). • Threatening Weather: Dark clouds are approaching. • High Winds: High winds causing large trees to sway or leaves to be ripped off trees (typically, winds in excess of 15 mph). • Smoke, Fire or Explosion. • Heavy Precipitation: Heavy rain, snow, hail or sleet begins falling or accumulating on the tent(s) (e.g , rair falling so hard that it runs off the tent walls in sheets, precipitation accumulating on the top(s) of the tent(s), etc.)). • Flooding: Water running through the tent or surrounding area. • Gas leak. • Anchoring Failure: Any of the anchoring devices fail(s) or the Rented Item(s), any pole(s) or wall(s) begin(s) to move, tilt or bend. IF A DECISION IS MADE TO EVACUATE YOU MUST: (A) Make a Public Announcement: Announce immediately that there is a weather or other emergency and that it Ps unsafe to stay in or under any Temporary Structure. Require all occupants to evacuate mmediately and take shelter in the location(s) you ve chosen as emergency shelter(s). (B) Render Assistance: Assist your guests along the evacuation route to the emergency shelter. AFTER AN EVACUATION, even if the Rented Item(s) appear(s) to be intact, itithey may not be safe to return to.:or example, one or more stakes may have been pulled out of the ground or there may be loose poles, ropes or straps. Contact FP so we can inspect each structure BEFORE you permit anyone to reenter and/or resume your event. Copyright© EquipmentRentatontracts.com, LL0 (866) 582-2586 All Rights Reserved Page 1 Unauthorized publication and distribution strictly arohtbited. FLEXX" productions SAMPLE EVACUATION PLAN Post in a Public Place on or Near Rented Item(s) product ons . FLEXX''t The undersigned ("Provider') is providing one or more tent(s), inflatable(s), amusement(s), stage(s), floor(s), and/or other temporary structure(s) (each, a "Temporary Structure") at Provider's event. Each Temporary Structure is intended to provide only temporary accommodations. Temporary Structures are NOT DESIGNED FOR USE AS SHELTER IN SEVERE WEATHER. The Above Referenced Temporary Structure(s) May Need to be Evacuated if Severe Weather threatens/occurs, or in other types of emergency situations. Designated Point Person(s) (The Person(s) who will be in charge of Providers emergency plan and will be on site for the Provider's entire event). The point person(s) will be responsible during the event for monitoring the weather, determining whether to evacuate, and acting decisively and authoritatively to instruct gu is to do so: 361S Name: cnntQ l 0LV1,1D11 Cell Number: 1LC11CIL/ Name: 6-4160 �+PlU5 Cell Number. (Or 3 24/ 02sdr Emergency conditions to be particularly aware of (check all that apply to your region/seasonality): cic Lightning L. Hail or sleet Damaging winds El Earth movement Emergency Shelter: Name/Identification: h tc\AUM'\ tjtl�.;t IUl yLocation/Address: � .>-AtiPGleb seho Confirmed the shelter will be open and available: Yes g Heavy rainfall cFP Flash flooding ❑ Accumulation of Precipitation GI Evacuation Route (From Rented Item(s) to Emergency Shelter): opeve\ kto 5\ittic rtyls ❑ Ice storm Smoke, Fire or Explosion ❑ Gas leak r e NoC0W 3 ( .: ((co--7COU Mrak:\ but v\ dos 44 Backup Method for Communication: PA Cell Phone El Walkie-talkie Bull Horn ■ ■ ■ Other: During the event: An initial announcement of ication of e ergency shelter will be made. lAYes ■ No nk Lit Ruit cknitilw ail u•-€1 Weather alert radio ■ Radio ■ TV ■ Cell Phone App ■ Other: a l"I,aL{.,Lu�✓ ( i r P () If whom: 1., ;�� Ifyes, by whom: '. , t � ■ Emergency Contact Numbers: Fire Dept.: .35D• `1, STO Hospital/Med. Center: On -Call Physician/EMT/Nurse: Event Planner: Questions? Contact Provider at: Signature of Lessee (Provider of Evacuation Plan): GOO Police: 3573.tt\CIOL) 0v I l Rental Customer: thumijA u; in 3s(4r2 61 ULiciAt Df britiv 374- [ Sci (4 get - Copyright © EquiprrentRentaiContracts oom, LLC (866) 582-2586. All Rights Reserved Page 2 Unauthorized publication and distribution strictly prohibitec. FLEXXf Productiooro TEMPORARY STRUCTURES ADDENDUM SAFETY RULES FOR TEMPORARY STRUCTURES FLEXX p'oductions The following SAFETY RULES apply to any and all Temporary Structures (each being also referred to herein as a "Rented Item") provided by Steadfast Event Solutions, LLC, d/bla 'FLEXX Productions" (also referred to hereinafter as "FP," "Lessor," "we," "us," and "our") under the terms of each Rental Contract (the "Contract") between FP and you ("Customer," "Lessee," "you" and/or "your") RULE #1 ENSURE THE SITE IS PROPERLY PREPARED The installation site ("Site") must be reasonably uniform, safe, clean, flat, smooth, dry and free of debris at all times You must also ensure that the Site has adequate 3 -dimensional clearance (length, width and height), including the minimum clearance on each side and each end as required by the International Fire Code and NFPA standards You agree to obtain, at your sole cost and expense, all necessary licenses, permits, authorizations and approvals, advise the appropriate Utilities Protection Service and mark all underground utilities and cables, (contact 811 and go to vim Colorado811 org) at least 3, but not more than 10 business days in advance) including without limitation, water, gas, steam, sewer and electricity lines, underground sprinklers and television and data cables, and upon completion thereof, to provide complete and accurate diagrams thereof to FP RULE #2 DO NOT USE YOUR OWN MEANS OF SECUREMENT (INCLUDING WITHOUT LIMITATION WEIGHTS), OR OTHERWISE ATTEMPT TO MOVE OR MODIFY AN INSTALLED RENTED ITEM WITHOUT OUR APPROVAL Once a Rented Item has been set and anchored in place by FP (or at our direction), attempting to move or modify it in any way can result in personal mtun ltesl and/or property damage, and is strictly prohibited Certain practices, such as attempting to relocate stakes, anchors or poles, reconfiguring the Rented Item's footprint, or deinstalling side panels can destabilize the Rented Item and cause it to move, shift, tip or collapse, particularly in severe weather Accordingly, you agree to refrain from doing so absent the express written approval of FP RULE #3 LIMIT OR ELIMINATE FIRE HAZARDS WHEREVER POSSIBLE AND PLACE FOAM PADS AT ALL LANDING POINTS Temporary Structures and/or their Contents can catch fire You will (a) not permit the use or storage of fire sources, open stoves or flammabies inside of or unreasonably close to the interior or exterior of any Rented Item, (b) ensure all exits and landing points are clearly marked, properly padded, and unobstructed at all times, and (c) ensure all required fire extinguishers and other firefighting tools are reasonably accessible at all times RULE #4 DO NOT EXCEED MAXIMUM CAPACITY(IES) Overcrowding is dangerous and can result in personal injunes, property damage and/or damage to the Rented Item(s) Exceeding a Rented Item's capacity may also be a violation of applicable law(s), which can result in civil and/or criminal penalties You agree to closely monitor utilization of the Rented Item(s) and ensure that its/their maximum capacity(ies) Is/are not exceeded and It/they are not otherwise misused or overused RULE #5 DO NOT GRANT ACCESS TO UNRULY, HOSTILE OR INTOXICATED EVENT PATRONS Person(s) who exhibit unruly or hostile behavior or appear to be intoxicated is/are strictly prohibited from entering or using any Rented Item RULE #6 ENSURE THAT CHILDREN ARE SUPERVISED BY A RESPONSIBLE ADULT AT ALL TIMES I NO SILLY STRING NEVER permit children (those under the legal age of majority in the applicable state) to enter, use or have access to any Rented Item(s) unless suoervised at all times by a responsible and competent adult NO SILLY STRING is permitted in or on any Temporary Structure You agree to pay us an additional cleaning fee of $1,000 per temporary structure rented from us if silly string is found in or on any such temporary structure RULE #7 DO NOT PERMIT ACCUMULATION OF PRECIPITATION ON RENTED ITEMS THE ACCUMULATION OF PRECIPITATION CAN DAMAGE A RENTED ITEM AND/OR CAUSE IT TO LEAK AND/OR COLLAPSE ACCORDINGLY, YOU AGREE TO CAREFULLY MONITOR PRECIPITATION, TO PERIODICALLY REMOVE ALL ACCUMULATIONS OF PRECIPITATION FROM ALL RENTED ITEMS, AND TO COMPLY FULLY WITH ALL INSTRUCTIONS PROVIDED BY FP RULE #8 PROTECT PERSONAL PROPERTY FROM WATER DAMAGE RENTED ITEMS ARE NOT WATERPROOF PRECIPITATION, INCLUDING RAIN, SNOW, SLEET AND HAIL, MAY AMONG OTHER THINGS, PENETRATE A RENTED ITEM'S SURFACE AND DAMAGE ITS CONTENTS ("WATER DAMAGE") You therefore agree to take all necessary steps to protect any property that may be damaged as a result of contact with precipitation (including, but not limited to, linens, draperies, clothing, documents, furniture, collectibles, cameras, computers, video and sound equipment and other electronic devices) while stored under or inside any Rented Item RULE #9 MAINTAIN AND POST IN A CONSPICUOUS PLACE AN OSHA -COMPLIANT EVACUATION PLAN, AND EVACUATE THE RENTED ITEM(S) IN THE EVENT OF SEVERE WEATHER (SEE OUR SAMPLE EVACUATION PLAN AND GUIDELINES) TENTS AND OTHER TEMPORARY STRUCTURES MAY MOVE, LEAK, COLLAPSE, OVERTURN OR CATCH FIRE, PARTICULARLY DURING HAZARDOUS WEATHER (e g , rain, snow, sleet, hail and high winds) You agree to maintain and post in a conspicuous place, a written Evacuation Plan for all temporary structures, as required under OSHA Regulations (29 CFR Section 1910 38), and if severe weather occurs or threatens (for these purposes, "severe weather' includes lightning, had, rain, snow, sleet and/or winds in excess of 15 mph), you agree to (a) cause all occuoants to DISCONTINUE USE OF AND EVACUATE such Rented Item(s) (b) protect the Rented Item(s) and its/their contents (including disconnecting all electrical devices and covering any property that may be subject to wind or water damage), and (c) PERMIT FP, AT ITS SOLE OPTION, TO DELAY DELIVERY OCCUPANCY AND/OR INSTALLATION OF, OR DISMANTLE AND/OR RETRIEVE, ANY OF SUCH RENTED ITEMS) (without obligating FP to do so) IN ADDITION TO THE CUSTOMER'S OTHER LIABILITIES AND OBLIGATIONS ARISING UNDER THE RENTAL CONTRACT AND/OR RELATED DOCUMENTS, CUSTOMER HEREBY (A) ASSUMES FULL RESPONSIBILITY (INCLUDING WITHOUT LIMITATION, ALL LIABILITY FOR PERSONAL AND/OR BODILY INJURIES AND PROPERTY DAMAGE (INCLUDING DAMAGE TO ANY RENTED ITEM(S)) ARISING FROM AND/OR IN CONNECTION WITH ANY FAILURE BY CUSTOMER AND/OR ANY OF CUSTOMER'S PARENTS, AFFILIATES AND/OR SUBSIDIARIES, AND/OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, SUBROGEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS AND/OR INVITEES (COLLECTIVELY, THE "CUSTOMER PARTIES") TO FULLY AND TIMELY COMPLY WITH EACH OF THE FOREGOING SAFETY RULES, (B) FOR ITSELF AND FOR EACH OF THE CUSTOMER PARTIES, WAIVES AND RELINQUISHES ANY AND ALL RIGHTS, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) AGAINST FP, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, SUBROGEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "FP PARTIES") ARISING THEREFROM AND/OR IN CONNECTION THEREWITH (INCLUDING ANY SUCH FAILURE), AND (C) AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FP PARTIES (AND EACH OF THEM), FOR, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING IN CONNECTION THEREWITH Copyright © EquipmentRentalContracts coin, LLC (866) 582 2586 All Rights Reserved Page 3 Unauthorized publication and distribution strictly prohibited FLEX product ons .., . ........N.., TEMPORARY STRUCTURES ADDENDUM productions WAIVER, INDEMNITY AND RELEASE AGREEMENT FLEXX ,.............. 1, inViCe Car ee rnitv1 , representing LOe 1ct coct.Lecty1 (Print Name) (Name of Customer) (hereinafter, "Customer") have rented, or may in the future rent, one or more tent(s), inflatable(s), stage(s) and/or floor(s) (also referred to herein as "Rented Items)") from Steadfast Event Solutions, LLC, d/b/a "FLEXX Productions" (also referred to hereinafter as "FP," "Lessor," "we," "us," and "our") under the terms of the Rental Contract(s) I have executed, or may in the future execute, with FP (the 'Rental Contract"). WHEREAS, one or more of such Rented Item(s) may be delivered to and/or installed by one or more employees and/or contractors of FP at the "Site" specified in the applicable Rental Contract, it being acknowledged that certain Rented Item(s) must be anchored, typically by driving stakes or spikes into the ground to a depth of as much as 84 inches; WHEREAS, Customer acknowledges that: (a) installation of the Rented Item(s) at the applicable Site(s) may result in damage (including without limitation, damage to concrete and/or asphalt surfaces, flowers, plants, bushes and/or other improvements); and (b)(i) underground water, sewer, gas, drainage, power, cable television, Internet and/or other servic /utility lines, wires, pipes. nnndiiits, etc (collectively, "Lines") may be located at the subject Site(s), may not be visible upon inspection and if ruptured, may cause substantial personal injury(ies) (including death), property damage, disruption of services and/or financial losses; and (ii) FP and/or its employees may not be aware of the existence or location(s) of one or more of such Lines (including without limitation, private lines which may not be identified by public utility location services), unless advised by Customer of their existence and location, and properly marked on the surface of the ground. NOW THEREFORE, in consideration of the mutual promises and agreements set forth herein and in the applicable Rental Contract(s), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer agrees as follows: 1. Identification and Marking of Lines: Customer agrees to ensure that, prior to delivery and/or installation of the Rented Itern(s) at the Site: (a) all Lines are clearly and properly marked on the surface of the ground. and (b) all required licenses, permits. authorizations and approvals (including without limitation, state, county, municipal, provincial and local permits, as well as the approval(s) of the owner(s) of the Site) have been obtained and will remain in effect for the duration of each of Customer's rentals of Rented Item(s) from FR 2 ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE UNDERSIGNED, FOR HIM/HERSELF AND FOR THE CUSTOMER, HEREBY: (A) ASSUMES ALL RISK OF PERSONAL AND BODILY INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, DISRUPTION OF SERVICES AND/OR UTILITIES, FINANCIAL LOSS(ES), AND ANY AND ALL OTHER LOSS DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF; TO, AND/OR ARISING IN CONNECTION WITH, THE RENTED ITEM(S) AND/OR SERVICE(S) PROVIDED BY AND/OR AT THE DIRECTION OF LESSOR, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE DELIVERY, INSTALLATION (INCLUDING WITHOUT LIMITATION, DAMAGE TO LINES, CONCRETE, ASPHALT AND/OR OTHER IMPROVEMENTS), USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY INSTALLATION, BREAKDOWN AND/OR RETRIEVAL OF THE RENTED ITEM(S), WHETHER OR NOT THE FAULT OF THE UNDERSIGNED OR THE CUSTOMER; AND (B) RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND AND FP, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS OFFICERS, MEMBERS, MANAGERS, PARTNERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES, INSURERS, REPRESENTATIVES, SUBROGEES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ALL LIABILITIES ASSUMED UNDER SUBSECTION (A), AS WELL AS ATTORNEYS' FEES) ARISING FROM AND/OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH RENTED ITEM(S) AND/OR SERVICES (EVEN IF ARISING FROM ANY DEFECT(S) IN OR WITH RESPECT TO ANY RENTED ITEM(S) AND/OR THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF LESSOR, ITS AGENTS, EMPLOYEES AND/OR CONTRACTORS). 3. Miscellaneous: This Addendum (including Pages 1 through 4 hereof) supplements each Rental Contract now or hereafter entered into between FP and the undersigned (or any entity represented or controlled by, controlling or under common control with the undersigned. and/or its/their respective affiliates) at any time, and shall not be deemed a limitation of any other rights, protections and/or remedies available to or for the benefit of Lessor under such Rental Contract(s), at 'aw or in equity. Neither this Addendum nor any such Rental Contract may be otherwise modified, unless authorized in writing by FP. The undersigned's handwritten, digital, electronic, photocopied or facsimiled signature and initials hereon will be enforceable as originals. Acknowledged and agreed by the undersigned to be effective as of the effective date of each applicable Rental Contra See Official Signature Block on your Rental Contract. By signing t lock you are agreeing to the terms of this Addendum. Signature: Customer Lessee Aut orize• Signatory Copyright © EquipmentRentalContracts.com, LLC. (866) 582-2586 All Rignts Reserved Page 4 /Unauthorized publication and distribution str ctly prohibited FLEXXf Prod°rn°�S FLIXX�1 ProducLone LIMITED DAM GE WAIVER ADDENDUM THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL DAMAGE WAIVERS PROVIDED TO CUSTOMERS ("LESSEES") OF STEADFAST EVENT SOLUTIONS, LLC, D/B/A "FLEXX PRODUCTIONS" (ALSO REFERRED TO HEREIN AS "FP," "LESSOR," "WE," "US" AND "OUR") You, the "Customer" or "Lessee," are responsible for protecting all items rented to you (hereinafter, "Rented Item(s)") by FP under the terms of your Rental Contract from any and all loss, theft and damage Except as provided below, if any Rented Item(s) is/are lost, stolen, or damaged during your rental, you will be responsible to FP for all costs associated with repairing, restoring and/or replacing such Rented Item(s) You may also be responsible to FP for additional charges during the period required to repair, restore or replace any Rented Item(s) which is/are lost or damaged, and/or the loss in value of such Rented Item(s) If (a) we make our Optional Limited Damage Waiver ("LDW") available, and (b) you (I) accept it (as provided below), and (a) fully and timely pay to FP the non-refundable LDW Fee reflected in your Rental Contract poor to commencement of your rental, then to the extent set forth below, FP agrees to waive certain claims against you arising from physical damage to any Rented Item(s) covered by LDW (hereinafter, "Covered Item(s)"), subject to the remaining terms hereof You will otherwise remain liable for 100% of all loss, theft, and damage to the Rented Item(s) as well as all other amounts due and coming due under the Rental Contract LDW IS OPTIONAL AND MAY BE DECLINED IF AND ONLY IF YOU PROVIDE TO FP PROOF OF THE PROPERTY DAMAGE / INLAND MARINE INSURANCE REFERENCED IN SECTION 9 OF YOUR RENTAL CONTRACT PRIOR TO COMMENCEMENT OF YOUR RENTAL LDW IS NOT INSURANCE, NOR IS IT A WARRANTY LDW is a partial waiver of our claims for physical damage to or destruction of oty Covered Item(s) It does not cover other types of damages and/or costs, such as cleaning, maintenance, excessive wear and tear and/or loss of or damage to other (non -covered) item(s), including without limitation intellectual property ("I P ') and/or data If LDW has been offered by FP and you have paid the Non -Refundable LDW Fee set forth on Page 1 of your Rental Contract for each rental period, then subject to the remaining terms hereof, including without limitation the "Exceptions and Exclusions" set forth below, FP will waive its right to recover from you 80% of its cost(s) (hereinafter, "Repair/Replacement Costs") to repair or, at FP's option, replace Covered Item(s) which suffer physical damage of up to $10,000 during the rental term set forth in your Rental Contract (the "Term"), provided however, that, for each Term (a) you will remain liable to FP for (i) a "deductible" equal to 20% of such Repair/Replacement Costs, and (a) all Repair/Replacement costs which exceed $10,000 in the aggregate across all Covered Item(s), (b) you must notify FP in writing of any accident, loss or damage of or to Covered Item(s) within 24 hours thereafter, (c) you must provide FP with documentary evidence of the nature and cause(s) thereof, (d) you must immediately return the subject Covered Item(s) to FP, unless we elect to forego such return (in our sole discretion), and (e) you must continue to comply fully with the terms of your Rental Contract, by among other things, fully and timely paying all amounts due and coming due to FP thereunder Exceptions and Exclusions LDW does not provide coverage for (i) liability, (a) personal and/or bodily injuries, (xi) non-physical damage (such as contamination and data losses), (iv) cost(s) such as cleaning, (v) maintenance, (vi) excessive wear and tear, and/or (vi) loss of or damage to any Item(s) subject to one or more of the following Exceptions and Exclusions Anything to the contrary contained herein or in the Rental Contract notwithstanding, the following are NOT COVERED by LDW, andyou, the "Customer" or "Lessee," will remain 100% liable for (a) Item(s) Not Covered (I) GPS and telematics systems, I P , data, batteries, glass, tires, tubes, tracks, belts, fittings, chains, knobs, cords, cables, tanks, hoses and other accessories in or on any Rented Item(s), (II) Rented Items) with respect to which you do not pay the non-refundable LDW Fee pnor to commencement of your rental (as provided on Page 1 of your Rental Contract) for each rental period (i e, for the Initial Term, and separately, for any extension period(s) approved by FP), and (III) any and all loss, damage and/or destruction exceeding $10,000 in the aggregate across all Covered Items, Deductible The "deductible" described above (Note If you fail to promptly pay the deductible, LDW will be void, and you will be responsible for 100% of any damage to Item(s) that would otherwise have been covered by LDW), - Violations / Breaches Loss of or damage to Covered Item(s) due to violation by you, your agents, employees or contractors, of any of the terms of your Rental Contract, this Addendum, any applicable laws, rules, regulations, policy(ies) of insurance, and/or any "Instructions" as defined in your Rental Contract (including without limitation, any instructions and/or warnings provided by manufacturer(s), as well as EPA Tier 4, cleaning, servicing, mainten-ance, repair and silica dust requirements), specifications and/or warnings provided by FP, the owner(s) and/or the manufacturer(s) of such Item(s), Misuse, Abuse, Neglect Loss of or damage to Covered Item(s) due to intentional abuse, improper use, negligence, willful misconduct, vandalism, neglect, submerging, overloading, overturning, striking overhead objects, and/or exceeding the rated capacity(ies) of such Item(s), Failure to Return / Criminal Activities (I) Any failure to return Covered Item(s) to FP, including without limitation, loss, theft and disappearance, in whole or in part (including any theft(s) of engines, components, parts and/or attachments), unless we elect to forego such return as provided above, and (II) criminal, fraudulent, dishonest and/or illegal act(s) or omission(s), Maintenance Failures Damage to Covered Item(s) resulting from any failure to properly service and/or maintain such Covered Item(s) (including without limitation, failure to maintain proper pressure levels or proper levels of air, water, or manufacturer -approved oil, fuel, lubncants, hydraulic fluid, diesel exhaust fluid, brake fluid and/or coolant), Protection / Security Loss of or damage to any Covered Item due to failure to secure and/or protect it (e g , by leaving it in an unprotected area, leaving it unlocked or with the keys in the ignition, etc ), Governmental Authority / War / Terrorism Damage to or loss of or to any Covered Item resulting from or in connection with (I) action(s) or inaction(s) of any governmental or other civil authority, and/or (II) civil insurrection, act(s) of war and/or terrorism, Transportation Damage or loss of or to any Covered Item during transportation, Use of Drugs / Alcohol Damage or loss of or to any Covered Item resulting from or in connection with the use of alcohol or drugs (including without limitation, CANNABIS, even if legalized) by you or anyone employed or engaged by you, or anyone you permit to use or otherwise deal with any Rented Item(s), Electric Current Damage caused by electric current (including without limitation, use of non -utility generated power), Hazmat / Contamination Loss of or damage to any Covered Item resulting from (I) its exposure to hazardous, explosive, combustible, radioactive, toxic, corrosive or noxious materials or substances, (II) nuclear hazard, (III) temperature/humidity, and/or (IV) contamination, including mold, mildew, rust, rot and/or exposure to pollutants and/or contaminants, and Third Parties / Sublessees Any Item(s) damaged while being used, operated, occupied or otherwise dealt with by any third party(ies) not specifically identified in/on your Rental Contract as "authorized users" (including without limitation, unauthonzed [by Lessor] borrowers, sublessees and assignees) (b) (c) (d) (a) (f) (5) (h) (i) 0) (k) (I) (m) This Addendum shall be deemed to modify and supplement, and shall be deemed incorporated into and become a part of your Rental Contract To the extent any of the terms of this Addendum conflict with the terms of your Rental Contract, the terms of this Addendum shall control Your Rental Contract shall otherwise remain valid and in full force and effect, and all terms thereof will be deemed incorporated herein IMPORTANT LDW DOES NOT BENEFIT ANYONE OTHER THAN YOU, THE "CUSTOMER" OR "LESSEE" (SUCH AS BORROWERS, SUBLESSEES, REAL PROPERTY OWNERS, OTHER INSURERS, CONTRACTORS, INVITEES, AND OTHER THIRD PARTIES) WE RETAIN THE RIGHT TO PURSUE RECOVERIES FROM THIRD PARTIES, INCLUDING YOUR INSURER, FOR ALL LOSS AND DAMAGE, WHETHER OR NOT COVERED BY LDW YOU MAY DECLINE LDW IF YOU PROVIDE TO FP PROOF OF THE PROPERTY DAMAGE 1 INLAND MARINE INSURANCE REFERENCED IN SECTION 9 OF YOUR RENTAL CONTRACT PRIOR TO COMMENCEMENT OF YOUR RENTAL NONETHELESS, NO LDW COVERAGE WILL APPLY TO ANY ITEM(S) FOR WHICH -YOU DO NOT TIMELY PAY THE APPLICABLE LDW FEE - Page 1 Copyright © EquapmentRentalContracts coin, LLC (866) 582 2586 All rights reserved Unauthonzed reproduction and distnbufion expressly prohibited 5. THE VALUE OF DAMAGE WAIVER. Our Optional Limited Damage Waiver enables you to avoid costly downtime and expensive repairs and/or replacements by: (a) Covering: (i) Repair/Replacement Costs: A portion of the cost of repairing and/or replacing Covered Item(s) which suffer physical damage during your rental (subject to the limitations set forth in Section 6 below and the reverse side or Page 1 hereof); AND (ii) Rental Charges: 100% of the Rent that would otherwise be due under your Rental Contract during the period in which the Covered Item(s) is/are being repaired or replaced (as applicable); AND (iii) Certain Other Costs: 100% of the following charges that would normally be due under your Rental Contract: late fees, transportation and storage fees and interest; AND (b) Enabling You to Avoid Costly Insurance Claims and Premium Increases: Costly insurance premium increases may be limited or avoided because in many cases. customers are able to avoid filing claims on their own insurance policies (increasing their "loss histories"). 6. WHAT IS NOT COVERED? Following is a summary of what LDW will not cover (See Page 1 hereof for more details regarding exceptions, exclusions and other important terms): • Item(s) subject to any of the "Exceptions and Exclusions" set forth on Page 1 hereof; • A "deductible" equal to 20% of the total of all "Repair/Replacement Costs" (as defined on the reverse side hereof); • Repair/replacement costs exceeding $10,000 in the aggregate across all Covered Items; • Intentional abuse, improper use, negligence, and neglect; • Violation of your Rental Contract, this Addendum, applicable laws or any instructions provided by FP and/or any owner(s) or manufacturer(s) of Covered Item(s); • Criminal activities, Civil Insurrection, War and Terrorism; • Actions of Governmental Authorities; • Loss. theft, disappearance of, or any other failure to return, any Covered Item(s): • Maintenance Failures, Excessive Wear and Tear, and Damage During Transportation; • Failure to Secure and Protect Covered Item(s); • Use of alcohol and/or drugs; • Damage caused by electric current; • Exposure to Hazardous Materials; Pollutants and/or Contaminants; and • Use/operation by unauthorized third parties. 7. HOW DO I USE LDW? If a Covered Item is damaged or destroyed (an "Event of Loss") during your rental, you must advise us of the date, time and suspected cause of the Event of Loss in writing within 24 hours. In the event of a reportable accident or vandalism, you must also properly complete and file a police report with local authorities. A copy of the police report must be provided to us within 48 hours after the Event of Loss. You will be 100% responsible for any Event of Loss which is not covered by LDW (e.g., for any Rented Item(s) which you elected not to cover and for Covered Item(s) with respect to which any exclusion(s) referenced in this Limited Damage Waiver Guide (including Page 1 hereof) apply(ies)). 8. HOW CAN I AVOID PAYING FOR LDW? LDW is not mandatory; it is OPTIONAL. If you wish to decline LDW. you must provide us with proof that you have the property damage / inland marine insurance required under Section 9 of your Rental Contract. NO LDW COVERAGE WILL APPLY TO ANY ITEM(S) FOR WHICH YOU DO NOT PAY THE APPLICABLE LDW FEE (WHICH, IF CHARGED, WILL BE SET FORTH IN YOUR RENTAL CONTRACT). FLEXraki •ithn FL EXX IIIIIIIIII TINTS • (MIuls • ►er, IfltAtt productions LIMITED DAMAGE WAIVER GUIDE 1. YOUR RESPONSIBILITIES. Rental customers or "lessees" are generally responsible for ALL COSTS AND EXPENSES ARISING IN CONNECTION WITH ANY LOSS, THEFT, DAMAGE TO OR DESTRUCTION OF RENTED ITEM(S) regardless of whether the rental customer or lessee was at fault. This can amount to thousands of dollars in additional expense, even for rental customers who maintain insurance (e.g.. for deductibles, coverage limits, exclusions, etc.). 2. WHAT IS LIMITED DAMAGE WAIVER? FP's Limited Damage Waiver ("LDW") is an OPTIONAL program that ENABLES OUR CUSTOMERS TO LIMIT THEIR EXPOSURE TO MANY CLAIMS for physical damage to or destruction of "Covered Item(s)" when a covered loss occurs through no fault of the customer. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY. 3. WHAT DOES LDW COST? The fee for LDW (if offered) is the percentage (of the Rent) charged for LDW set forth on Page 1 of your Rental Contract solely with respect to Covered Item(s). No LDW Fee is applied to purchases, delivery charges, fuel, or tax. All LDW fees are non-refundable. 4. HOW DOES LDW WORK, AND WHAT DOES IT COVER? In exchange for your purchase of LDW, FP agrees to waive its claims against you and your company for a portion of the charges identified in Section 5 of this Limited Damage Waiver Guide with respect to Covered Item(s), enabling you to spend your valuable time and money on your business. Copyright© EquipmentRentalContracts.corn. LLC. (866) 582-2586. All rights reserved. Unauthorized reproduction and distribution expressly prohibited. RENTAL CONTRACT FOR TENT RENTAL FOR PIG SHOW RING AT 2023 WELD COUNTY FAIR - FLEXX PRODUCTIONS, LLC APPROVED AS TO SUBSTANCE Elected Official, Department Head, or Deputy Department Head APPROVED AS TO FUNDING Chief Financial Officer, or Controller APPROVED AS TO FORM County Attorney Esther Gesick From: Sent: To: Subject: Attachments: Fyi Kevin Ross Kevin Ross Wednesday, July 19, 2023 12:42 PM Bruce Barker; Mike Freeman; Cheryl Pattelli; Esther Gesick; Hannah Swanbom Fwd: UPDATED Reservation: Weld County Fair 2023 - LAST MINUTE TENT RENTAL 4 24883 -From FLEXX Productions Contract 24883.pdf From: FLEXX Productions (HANNAH Gossman) <hannah@flexxproductions.com> Sent: Wednesday, July 19, 2023 12:38:22 PM To: Kevin Ross <kross@weld.gov> Subject: UPDATED Reservation: Weld County Fair 2023 - LAST MINUTE TENT RENTAL #24883 -From FLEXX Productions Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Kevin! Your reservation has been updated with the addition of asphalt hole patching. Thanks! HANNAH Gossman FLEXX Productions Tents I Decor I Event Rentals (970) 223-1195 I flexxproductions.com CONFIDENTIALITY: This proposal is provided to the client in agreement to be kept confidential. Any information included in this proposal is to remain private between the client and FLEXX Productions LLC. By your review of this document you are in agreement to maintain confidentiality of all services and fees proposed for your event. 1 Esther Gesick From: Sent: To: Subject: Attachments: Kevin Ross Wednesday, July 19, 2023 11:18 AM Esther Gesick; Bruce Barker; Mike Freeman; Hannah Swanbom FW: SIGNATURE REQUEST Weld County Fair 2023 - LAST MINUTE TENT RENTAL tt 24883 -From FLEXX Productions A- Damage Waiver - FLEXX.pdf; Tent Addendum - Flexx.pdf Here is additional copies and correspondence with FLEXX. Hannah there is an emergency evacuation for you may need to look at. From: FLEXX Productions (HANNAH Gossman) <hannah@flexxproductions.com> Sent: Wednesday, July 19, 2023 9:59 AM To: Kevin Ross <kross@weld.gov> Subject: SIGNATURE REQUEST Weld County Fair 2023 - LAST MINUTE TENT RENTAL #24883 -From FLEXX Productions ICaution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. S Weld County: Thank you for choosing FLEXX Productions as your premier event rental company. Your Esignature link is below for you to review and sign. Please make sure to check the details indicated on your reservation. Technicians will arrive on Thu 7/20/2023 08am - 5pm to 501 N. 14 Ave; Greeley, CO 80631 with your reserved equipment. Pick -Up will be on Wed 8/2/2023 08am - 5pm. Once you verify and approve all items, please sign the reservation via the link below (this link will expire after 5 days): Click Here to eSign (Be patient 5-10 seconds while link loads) If at any time you are experiencing a true event emergency (i.e. difficulty operating an item, experiencing faulty and/or damaged equipment) outside of standard office hours, please call our emergency line to speak with a technician at 970- 631-8170. You must leave a name and phone number to receive a call back. Thank you again for choosing FLEXX Productions; we are delighted to help make your event a reality! Sincerely, HANNAH Gossman IMPORTANT REMINDERS FOR YOUR DELIVERY/PICK-UP RESERVATION: - A $300 minimum in rental equipment is required on any order to qualify for delivery. This minimum is subject to increase based on distance to site. - A 3 hour window for our team to arrive is required for any scheduled delivery or pick-up. Requests for a narrower time window, specific arrival time, or weekend delivery/pick-up will incur further cost. Any time requests outside of our standard delivery hours are subject to an additional off hours fee. 1 - Equipment must be stacked as it was delivered to avoid breakdown fees unless you have already arranged these premier services with our team. - Delivery location must be within S0' of truck access, additional labor could apply if your event location needs specialty/distance access and prior arrangements have not been made to your delivery or pickup. - NOTICE: A 3% admin processing fee will be added on all payments made by credit card. If you would prefer to pay via check or ACH to avoid the 3% admin charge, please contact your FLEXX Event Specialist (FLEXX will not accept wire transfers). Credit card payments ran through FLEXX Productions will show as Steadfast Events on account statements. IMPORTANT REMINDERS ABOUT YOUR TENT RENTAL: - Please be aware that you are required to be onsite upon arrival to show location of the tent set-up. If you are not available, it is the clients responsibility to provide an accurate map with location and direction of the tent. Failure to do so will result in the placement being up to FLEXX Productions discretion and may result in additional charges. - If staking the tent at a private property, all private lines such as sprinklers are the responsibility of the property owner to mark in advance so our technicians can avoid them during installation. - If staking the tent at a public property, any public undergrounds must be called in through C0811. The FLEXX team can arrange this for you in advance with over 72 hour notice. Have further questions? Check out our website here: https://www.flexxproductions.com/how-it-works/ Events canceled and/or rescheduled for any reason including, but not limited to; COVID-19, Acts of God, etc are subject to Flexx Productions' written cancellation policy. CONFIDENTIALITY: This proposal is provided to the client in agreement to be kept confidential. Any information included in this proposal is to remain private between the client and FLEXX Productions LLC. By your review of this document you are in agreement to maintain confidentiality of all services and fees proposed for your event. Click Here to eSign 2 Esther Gesick From: Sent: To: Subject: Esther Gesick Wednesday, July 19, 2023 3:59 PM Esther Gesick FW: Weld County Fair Tent From: Scott James <sames@weld.gov> Sent: Wednesday, July 19, 2023 9:42 AM To: Kevin Ross <kross@weld.gov>; Commissioners <COMMISSIONERS@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Hannah Swanbom <hswanbom@weld.gov>; Michael Rourke <mrourke@weld.gov>; Steven Reams <sreams@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> Subject: RE: Weld County Fair Tent I approve Ross' request. Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lori Saine <Isaine@weld.gov> Sent: Wednesday, July 19, 2023 9:43 AM To: Kevin Ross <kross@weld.gov>; Commissioners <COMMISSIONERS@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Hannah Swanbom <hswanbom@weld.gov>; Michael Rourke <mrourke@weld.gov>; Steven Reams <sreams@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> Subject: RE: Weld County Fair Tent Yes. Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 1 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Perry Buck <pbuck@weld.gov> Sent: Wednesday, July 19, 2023 9:42 AM To: Kevin Ross <kross@weld.gov>; Commissioners <COMMISSIONERS@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Hannah Swanbom <hswanbom@weld.gov>; Michael Rourke <mrourke@weld.gov>; Steven Reams <sreams@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> Subject: RE: Weld County Fair Tent Approve Perry L Buck Weld County Commissioner at Large Weld County 1150 "O" Street Greeley, CO 80631 970-400-4206 (Work) 970-573-2377 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Mike Freeman <mfreeman@weld.gov> Sent: Wednesday, July 19, 2023 9:43 AM To: Kevin Ross <kross@weld.gov>; Commissioners <COMMISSIONERS@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Hannah Swanbom <hswanbom@weld.gov>; Michael Rourke <mrourke@weld.gov>; Steven Reams <sreams@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> Subject: RE: Weld County Fair Tent Approve. 2 From: Kevin Ross <kross@weld.gov> Sent: Wednesday, July 19, 2023 9:09 AM To: Commissioners <COMMISSIONERS@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Hannah Swanbom <hswanbom@weld.gov>; Michael Rourke <mrourke@weld.gov>; Steven Reams <sreams@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> Subject: Weld County Fair Tent I was contacted last night regarding the reserved tent for Weld County fair. I was made aware from commissioner Buck that the company that was paid $17k for the tent has skipped town. I reached out to a company I have used in the past asking if they could get us a tent for fair. FLEX Productions does have a tent for us. It is a 40x120 tent. The cost for the tent is $13,884.58 , and I have attached the quote. We need to get Emergency approval on this as the tent needs to be set up Tomorrow July 20th. I need your confirmation on this and then we will pass an emergency order on Monday. We will then have Hannah work with the District Attorney to go after our money the company has received, if they can't be contacted we will ask for criminal charges. I have spoken with Hannah, and this tent because it is not free standing will be used for the swine shows, cattle will be back in the open as has traditionally been the case. Additionally, Hannah we will need you to gather and provide any documents you have regarding the tent company town so that we can track them down. Thank you for your response ��riro Mcci44 Weld County Commissioner -at -Large 970-381-5172(cell) 3 Hello