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Home My WebLink About20211534.tiffRESOLUTION RE: APPROVE RENTAL CONTRACT FOR WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - 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 Rental Contract for the 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 Service of Weld County, and FLEXX Productions, LLC, commencing upon full execution of signatures, 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 Rental Contract for the 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 Service of Weld County, 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 sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrthio 0%t1 Weld County Clerk to the Board Deputy Clerk to the Boa County -"torney Date of signature: 06122/2-( Steve Moreno, Chair cc'. EK(L-H/s'K) 97/06/., I 2021-1534 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Fair, Flexx Productions Rentals DEPARTMENT: CSU Extension PERSON REQUESTING: Larry Hooker DATE: May 18, 2021 Brief description of the problem/issue: Weld County Fair is needing rental agreement signed for supplies during the fair from Flexx Productions. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Supplies are for 4-H/FFA Show, Open Show , and Vendors. Cost of these supplies is $6,343.86. Recommendation: Weld County fair recommends to rent the listed supplies (Pipe and Drape) for the Fairs 4-H, FFA and open shows, and also for vendor booths. Perry L. Buck Mike Freeman Scott K. James, Pro -tern Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2021-1534 0Col1 `1 E.x0©3O Page 1 of 3 FLEXX productions FE't" rml t7)l1t 70 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) ( Customer 1: 3322 Phone 970-3564000 Status: Reservation Contract #: 22452 Event Beg: Sat 7/24/2021 8:00AM Event End: Mon 8/ 2/2021 4:00PM Operator: KARA Schuch Job Descr: Weld County Quilt Fair 2021 Ordered By: Jenette Masarie 970 590-2099 Salesman: KARA 8chuch 970-223-1195 Delivery Fni 7/23/2021 9:00AM Jenette Masarie 970-590-2099 Island Grove -Events Center 915 10th St Greeley, CO 80631 KS del 7/23 9:00am Start [SEE TECH NOTES] pu 8/2 8am-5pm KARA@FLEXXproductions.com Pickup Mon 812/2021 8:00AM - 5:00PM Jenette Masarie 970-590-2099 Island Grove -Events Center 915 10th St Greeley, CO 80631 [TECHNICIAN NOTES] - Some P&D will be set/other areas are a Drop (NEED NEW MAP ON FILE) - Set Order: 1) Open Class Exhibit/Quilt Hall (Set by 12:00pm) 2) Drop Additional Parts for this area 3) Vendor Hall (Set by 5:00pm) 4) Drop 4H/Bunkhouse Parts [CLIENT/PAYMENT NOTES] - pays by invoice (sends in check after final sent off) - esig sent 5/6 - 45% coupon extended to parts dropped/client setting themselves Qty items Rented Each Price OPEN CLASS EXHIBIT FLEXX SET SEE MAP 50 [Pipe & Drape 3' kPerFT)l $3.50 $175.00 DRAPE COLOR: WHITE 100 [Pipe & Drape 8' (PerFT)] $425 5425O0 DRAPE COLOR: GREEN QUILT HALL DISPLAY FLEXX SET SEE MAP 160 [Pipe & Drape 8' (PerFT)] $425 $680.00 DRAPE COLOR: GREEN OPEN CLASS EXH./HALL FLEXX DROP -CLIENT SETS 470 [Pipe & Drape 3' 1PerFT)) $1 925 $904 75 Discount / Disc% $740.25 / 45.00% DRAPE COLOR: WHITE 40 [Pipe & Drape 8' PerFT)) $2.338 $93.50 Discount / Disc% $76.50 / 45.00% DRAPE COL R: GREEN VENDOR MALL FLEXX SET SEE MAP 17 [Pipe & Drape Booth 100101 $36.50 $620.50 SETTING- DRAPE COLOR: GREEN - (17)10' WIDE x 8' DEEP 2 [Pipe & Drape Booth 10x20} $44.50 $89 00 DRAPE COLOR: GREEN -6'x20' Booths Printed On Tue 5118/2021 11'04:09Af.1 Software by Point -of -Rental Software came point -of -rental corn Modification #1 Contract-Params rot (1) Contract #: 22452 Weld County Page 3 of 3 For good end valuable consideration, you and Steadfast Event Solutions, LLC. dada 'FLEXX Productions' (also referred ton this Contract as 'FP."Lessor,"'we' 'us' and 'our) agree as Idiom: 1. As used herein, 'P.1' ions your Reservation, Contract, Order or other similar wetting included herewith, identifying the items) being rented to you hereunder, 'Contract' means P.1 together with these Terror and Conditions; "Rented hernia)" or 'Ieer(s)' means the item(s) rented to you, as identified on P.1 (including any 'Instructions provided per Section [or '§'J 4 of this Contract); 'Site' means the location where the Item(s) is/are to be delivered and/or used (d applicable). as set forth on P.1; end 'Customer; and -Lessee."yo' and 'your' mean the customer, renter or lessee identified m P.1 2. You agree to rent the Rented Item(s) from FP for the period(s) specified on P.1 (the Term'), and to pay FP the rental rate(s) set forth on P.1 (the 'Rene), together wills any other charges accruing hereunder, without proration, reduction or setoff, for the entire scheduled Tenn and until the Rented Ilem(s) is/are returned to and accented by FP, Rental rates are to eurmal use of the Rented Items) on a per -event basis- The Rent wt be increased for any additional time or use. You oil not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder for bee in bamit, Ad(s) of God, event(s) of force majeure or any other period(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 if none, 35% of the Estimated Rent) upon reservation: and (hi) at least 10 days before the Tenn 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 horn any Prepayment; (b) no interest will accrue on any Prepayment and (e) no Prepayment will be deemed a limit of your liability under or in connection with this Contract. If your event is canceled more than 30 days prior to your orfanaiv scheduled delivery dale, FP may, pot whY not be opieated to, permit reschedulrg of your Rental or refund a portion of your Prepayment Prepayment are otherwise non-refundable. Anything with. in or a any Rented tenth) upon return will, al our option. be deemed surrendered and abandoned, 3. You will ensure the Site is dean, safe, seam and fit for delivery and use of the Rented Itenr(s). tf we agree to provide any services (including delivery, setup, installation and/or retrieval) of any Item(s), you agree lo: (a) pay our regular charge(s) for the same, and for al waiting time (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Ste at all times. We will not be responsible for mishaps or delay(s) caused by you, your agents or employees or any other parties. including providers of other goods or services ('Other Providers') for which you agree to indemnify. defend and hold harness FLEXX Productions. If you are not present upon our delivery, setup. installation or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the stabs, condition. quaky and quantities of the Iem(s) and the Ste), 4. Upon the earner of your receipt, or the delivery to the Site, of the Rented Item(s) unless you thereupon reject dither,, you represent, warrant acknowledge and agree that (a) each Item: (i) is complete and in good order, condition and repair, (a) is 'appropriate for your purposes and in all ways acceptable to you; and (Si) was selected font brad on any recanrrerdatim by net, carefully examined counted and tested by you or your agent(s); and (b) you: (i) have received, reviewed and understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements. and other hrf«mation, if any, inducting all applicabe EPA. OSHA. ASME IBC 1FC. IEEE ASSP. ANSI and ofuk aided* standards (collectively, 'Instructions'); (i) will holy comply therewith: (ii) will use each Item only for its intended pelves., in a reasonable and safe manner, (iv) will timely give all applicable notices) to, and abtat al applicable licenses. authorizations, permits and approvals horn, al affected parties, inducting governmental authorities. utilities, cable companies and the owners) of the Site, and ensure that at underground hoes, cables all conduits are dearly and property marked before using any Item(s) b disturb the ground surface. For this purpose, contact 511 and go to www.Cotorado511.eeg, at least 3 business days in advance; (v) wi inmediatdy cease using any Item that is damaged, breaks down, or proves defective (a 'Malfunction -I; (vi) sill promptly notify the police if any Items) glare stolen or involved in any accident and (viii) will ensure that all others cortgfywith this Contrast You OM* uairarledatch tans of the fraaoine shall move exonell or miekusdra at swam. 5. In the event of a Malfunction as defined in § 4, you agree to Irunediately notify and return the Malfunctioning tern lo, FP. and provided such Malfunction did not resit born «'n connection with any wrongful or negligent ad(s) or omissions) of, or any breach of this Contract by you or anyone you pent to roe, occupy or of eruree deal with any Rented bents) (including your guests and invitees), we may, at our option (a) repair the Malfunctioning !tern: (b) provide you with a comparable tern; or (c) solely wits respect to the Matfndisnirg Item, return the unused portion of the Rent and cancel this Contrail The foregoing remedes are EXCLUSIVE, We will have no other obtgation(s) regarding Malfunctions, all of which you waive (indudiig wNwN imaabon. at deed, kindred incidental and consequential damages). 6. •Except with respect to Reins we rent horn one or more third panties (each, a 'TPO') and then re -rent to you ('Re -Rented Itern(s1). FLEXX Productions owns and wit retain title to all Rented Nees at all times You we have exclusive control over the Rented Hems) dieing le Tear settled however, to your obligation lo fully and timely comply with this Contract at all Snell You SHALL NOT (al penile the Bkpg or existence of any lei, can. aeaady attest ex enemas -once onsin tan: (b) have any tee « any inbred ism with reseal for any Rode blumi(s); or {c} has Vawahr eslblease, moats More. sunned* or wipe one Ranted lase or Into Contract without our pryer written taint We may substitute, set ad/or assign any Rented Item(s) and/or all or any part of our interests therein endfor in this Contract at any time, in which went. you will alters to the assignee, who will not be responsible to any preexisting obligators or liabilities of FP. 7. SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS AND MAY MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, OR 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 ITEM(S); (B) PROVIDE ALL APPLICABLE ,FMIILIIAR12ATION, 1W.600 INSTRUCTIONS AND WARNINGS 70 ALL USERS, OPERATORS MID OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented Item is used reasonably, safely and Only: () f« its intended purpose le$ (u) within Os rated capeay: Oa) at the Site: (iv) EY a noede balled. erred. certified, FAMILIARIZED endt a ficenaedd fns axabeablet ADULTS and (v) otherwise an full compliance with this Contract and al applicable laws, rides and regulations. at al Sin. 5. SAFETY PRECAUTIONS: You we net ear will you permit anyone else to abuse, misuse, overuse, conceal, place in storage with any thud pay, repair, modify or damage any Rented Item, YOU ALSO AGREE TO: (A) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED ITEM (S) ARE SUPERVISED BY A COMPETENT ADULT AT LEAST 21 YEARS OF AGE AT ALL TIMES; (B) POST AN OSHA-COMPLANT EVACUATION PLAN 014 OR NEAR EACH TEMPORARY STRUCTURE INCLUDED IN THE RENTED ITEM (S); and (C) EVACUATE AND permit FP M dsho detente. EnstAfatlet AMOR USE of. an dlmoiade and/or MOM ANY or all mmad ieedst (without ebulgderg us to do so) if any hazard (including without limitation, saner. waatherl occurs or threatens_ 9. You agree to maintain al esoance FP may require, i cludig at east: (a) public and host iquor Nadity insurance with nevi urtm limits of $1.000,000 per occurrence, (b) property damage/inland marine insurance covering at Rented lean for the "full (new) replacement cost thereot and (c) workers' compensation and employers iabeity insurance. Al such policies shall, to to maeman extent possible: (i) name FP as an additional insured and bus payee; (4) +ratio subrogation against FP, )i( be primary aid eons mtrubuhxy: (err) Wade a sewrebiy at interests dame and such other pokers* as we may rapers. You ernaeby moat Steady Evert Solutions, LLD aaaxe agent and alonr ' torpapaya ofs rdd:n4rxrgotiabrg vind seterigdamsandpayrnmtsandartspokes it. no warranties: FP IS NOT THE MANUFACTURER OR DESIGNER OF ANY of the ITEM(S) referenced IN THIS CONTRACT, ALL OF WHICH ARE PROVIDED "AS -IS". NEITHER FP NOR ANY TPO, MAKES ANY WARRANTY(ies), EXPRESS, OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY J1lISS FOR A PARTICULAR PURPOSE FUNCTION, DESIGN, QUALITY, CAPACITY. FREEDOM FROM DEFECTS ANO,IOR CONTAMINATION ANDIOR GOOD AND WORKMANLIKE PERFORMANCE. AS WELL AS ANY WARRANTY(es) arising FROM OR IN CONNECTION WITH any COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF 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 WAVE NO DESCRIPT)ONS SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY !d ittO OR. ANY TPO THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE RACE OF THIS CONTRACT, 11. INDEMNITY: 1O I IRE mann,* N,/ EXTENT PERMITTED UNDER APPl%;ABLE LAW, YOU: (Al 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 ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT. AS WELL AS ALL LIABILMES, CUUMS. DAMAGES, losses, carts and expenses (including atareys fees) ARISING horn 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, AND/OR RETRIEVAL thereof. WHETHER OR NOT YOUR FAULT (mledively, "risks'); {B) RELEASE AND DISCHARGE. AND AGREE TO INDEMNIFY. DEFEND AND 1[01.0 HARMLESS. Steadfast Event Sokdlpga, LLC- EACH, EM. and their lnpeofye owners, shareholders, modems: merogas. officers. directors partners. *gents, alliales, employees. ewers. saeogses; representatives, sraseen and assigns feeds an 'lam'), err: Ron aid against all such RISKS, as wel as all other liawrhes, claims, damages. tenses, costs and expenses (including without Imitation, attorneys' fees) arising from and/or in connection with to Rented tem(s), this Contract and/or any breach hereof by you, your agents employees. antracors. guests. invitees. sublessees, successors and/or assigns; and except only as provided in § 5, CI 1 WANE all rights and remedies avertable under the Uniform Commercial Code, as wet as all direct indeed. incidental. consequential. general, special, exemplary and punitive damages. against each and every Indernmilee. 12 You agree b protect property maiden and care for each Rased ten at d times. keep a ruddy and securely stored and locked rite n not in use, and notion it to Were Productions en .tine at the end of tine Tam, complete, dean„ brae et contamination bums, ants, staffs, discoloration and debris, and in good oondfar, properly seaweed end nnadaad, and if applcaile. fug of the appropriate fuel, duds and l beicamb.. If you to to do so, ten in addition to your other obligations arising under this Contract, you will pay us: (a) Rent for each succeeding h1 rental period until al Rented Nem(s) have been returned or replaced as required: and (b) al costs and expenses we incur in connection with such taaure (including ryftrerd IaMation, all costs of cleaning. repairs, maintenance and/or re l errani(s) silo the Rented tern(s)). Certain Items may be delivered on pleb, or in crates, cartons or born, and may be salted, bagged racked elided, road odder *aped ('Padrad). Upon rntian, you wit omens that d Rented Nam are properly Packed YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY, IMPROPER PACKING MAY RESULT IH MOLD. FSLD9VOR OTHER DAMAGE, FOR WHICH YOU WALL BE LIABLE. 13. If and onfr d, we have offenxl, and you have elected to purchase our Optional LIMITED Owrmr0e Waives ('LOW) and paid the non-refundable LOW Fee set forth on P.1 before OM Tama Pmsmenoea, then solely with res to Items) covered by LDW ('Covered Items", e), your liability for the cost to repair or replace such Covered Items will be knifed as set forth in our Damage Waiver Guide and Addendum. the terms of which you hereby adunwfedge and agree to You may decline LOW if you provide to properly damage / Inland marine insurance referenced in § 9, LPW IS NOT INSURANCE, NOR IS R A WARRANTY. 14. We may, without further notice or liability to you, inspect and/or monitor (in person or electonicaly, including via GPS an /or telenatics) any Nem(s) at any time, and al information obtained WE be our property. You consent to such inspabords) and monitoring and waive all claims wilh respect thereto. You hereby grant to FP a perpetual, royally free. worldwide, right and license to create, edit display, and distribute one or more images of your events) that include one or more I'ie tied hefts), If any performance required of on is delayed or impaired as a result of any act or omission of:by you, any Other Proudr(s) or any 'Act of God,' event of force maieure. or any other event fact or cucumutarae beyond our reasonable control, we sill be excused from such performance. You waive the benefits of at statutes of (imitations regarding our rights and remedies. M amounts due hereunder but not timely paid wi bear interest at the lesser of (a) 18% per annum: or et) the highest rate penrNed under applicable law until paid. You .vA, rise us to wdseit at warts due and cornrow due hereunder to am debit or credit asrd(s) you provide. You agree to pay us the maximum lawful charge for any check you write which is returned unpaid- Ora mailman liability in connection will fee C«datt is abed to the Reid we aka* neeive'tern sou hereunder fee the tons) identified on P.1. You will pay al sales, use and other wxes, as well as at lois, fees. fees, assessments, and other chages rented b the Rented Items) andfor this Contract If any legal action is commenced in connection herewith, we wad be entitled to recover from you our associated attorneys' fees. C0313 and expenses if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available under or in connection with this Contract will te an election or waiver of any of our rights or remedies, al of which are cumulative. 15, Your Rental and be deemed a 'ref reade. Accordai('y you obegaser b pay el Rent and ober suns ceding due aide this Conned when de and a othewiseperform as required hereunder steel be absolute and onowilionsl and teednot be to any peeled en sbre abakiment, redretias. set-off, compensation, defense, cousderdan, ama•dan, adsapton. deferment « remarried. for op reason If you or any warrantor anal: (a) fat b fully and timely 1ntr, pedant or comply with tors Contract, any Par areev4rd() ('Otlher Conbadfsp between you end FP, andor amp at yaw obligators arising (t$heecunder or in connection (i)hereinth (b) provide any irrmrsect or wesleadrg tow (c) become eischerd or banknpt or (d) de or creme casdudeg tusmese, it FP anal deem itself rsecure, « e ary Rented Ilona) anal be lost or. unless covered by LOW per S 13, damaged, you wi be indetail ender tan Contract and mats Ober Conbadlsh, wfenupon. we may with a veva ear awns or notes (end without WildeWildea wu), to the minimminimextent persisted under appicable (it cancel III y Tenn mks fie Contract(s) (endtor your right hr use and possess the Rented lam(a))'; (ti) seek leafleaffromom sibry: (sj) recover espy, lord, restrict shut down. Masson* indict doable suds Remit) without guilty d breads trespass or wrongful interference, or liable for any n)tries or property carnage tar ed/dr you agree lo b,o,.dy, defend and told tnantese each Ina/ -mil eel: (iv) perform yore obli atiam )gheeader en your behat, wafted being asfgaed to do Ho; (v) purchase replacement teals)- (xi) recover he, you andne any grrarda cur associated diced std indeed damages. losses, coins and expenses (ncudrg inlhed Tnytatioi, Rent for the entire scheduled Tem, - ,. , loss of rse, slued adorertees etienthepmseasion casts, end collection cods):.andhrr (sill pursue arty maa mare cheer ngMa aadtnr remake reelable (t''reeuder, at Inv antler in equity, al oMich am aomaWme. 15. This Contract, and a y 'Addenda' we provide. (indudirg as applicable. our Delivery and Acceptance Certificate. Evacuation Plan and/or Damage Waiver Guide and Addendum) each of which is incorporated herein. constitute(s) the entire ayhc..nhcnt between you and FP. supersedinq all other agreements and representations. The terms of this Contract are severable. I any provision hereof shall be deemed invalid or unenforceable by any court d competent jurisdiction, such provision wIN be deleted, and the remainder of this Contract will remain valid and enforceable This Contact cannot otherwise be modified without our written consent. Terse is of the essence. These Terns and Conditions apply Items) identified on P.1, and to all other items you obtain torn us at any time (unless we otherwise agree in writing) This Contract shall bind and be enforceable by and against you, FP, the other IndemMees and their respective permitted successors and assigns (there being no other third -party beneficiaries hereto). The Contract shall be interpreted and enforced under the laws of Colorado At the option of FP, dispute(3) with respect to this Contract and/or its subject matter shall be submitted to binding arbitration before a single arbitrator selected by FP at the offices of the American Arbitration Association located in or nearest to Fort Collins, CO. Proper venue for al oher evil legal actions commenced in connection herewith strop a solely ir to federal, Hale and loud mats located in or nearest to tanner County, CO (unless waived by FP). You consent and submit thereto and waive al clans that such venue lies in an ncawenient forum EACH PARTY .HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY- Digital. electronic, photocopied and faosimaed signatures and initials hereon will be deemed originals. 17, ARNING: Obainng, retaining or exercising control over anything of value of another withal 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 provide within 72 hours after the agreed upon time of return may be deemed then, subjecting the violator to CRIMINAL PROSECUTION ANDIOR CIVIL PENALTIES. See C R S 118.4401. etseo. for details Printed On Tue 5/182021 11:04:09AM Modification #1 Software by Point -of -Rental Software www•point-of-renalcorn Contract-Params.rpt (1) TERMS AND CONDITIONS OF RENTAL CONTRACT For good and valuable consideration, you and FLEX Productions, LLC, agree as follows: (1) As used herein, "P.1' refire to the first page or 'face of this Contract: "Rented bermes)" or items' means the llama Rented' he you, as identified on P.1 (including any 'Instructions'referanced in §(8) below); '§" means a numbered Section of this Contract Gust r,"Lessee," you and "your' mean the customer or 'Lessee' Identified on P.1; and 'FP:'Lessor,- "we,''us" and 'our mean FLEX)( P LLC. a Colorado limited eablity company, dlbla'Fleas Productions: (2) I You agree to rent the Rented Item(s) from FP for the period(e) specified on P.1 (the "Term"), and to pay FP the rental rate(s) set forth on P.1 (the 'Rene), together with any other charges accruing hereunder, without proration, reduction or setoff, until the Rented Items) is(are returned to end 8ccaofod by FP. Rental rates ere for normal use of the Rented hem(s) on a daily or per -event basis. The Rent will be increased for any additional time or use. No allowance will be made for period(s) of nonuse. We have estimated the Rent based on your estimate f the length of the Term (the *Estimated Rent'), You agree to pay FP. (a)(i) any Deposit specified on P.1 (or if none, 35% of the Est Rent) upon reservation: end et) at least 10 days before the Term commences, 100% of the remaining Estimated Rent (together with the De d the 'Prepayment'); and (lei any other amounts coming due hereunder upon demand by FP. You agree that: (a) FP may deduct arty amount y u owe us from any Prepayment; (b) no Interest will accrue thereon: and (c) no Prepayment wed be deemed a limit of your Liability connection with this Contrail. If your event is cancelled more than 30 days prior to your originally scheduled delivery dale, FP may. oe obligated to, refund a portion of your Deposit. Prepayments are otherwise non-refundable, FLEXX Cancellation Policy; If Items less than 15 days before the dale of delivery or customer pick up, a 35% cancellation charge AI apply (excluding.tenling and tent are cancelled less than 5 days before the date of delivery or customer pick up, a 100% cancellation charge will apply. if eel' decor items are cancelled within 60-31 days before the dale of delivery or customer pick wee 50% cancellation charge wet un, and tent decor items are cancelled within 30 days before the dale of delivery or customer pick up. a 100% cancellation y. Cancellations made after the delivery of your rentals, installation equipment, or pick up of your rentals at our showroom will nts, Anything with, in or on wry Rented Item(st upon return wit!, at ow option, be deemed surrendered and abandoned. (3) If FP agrees to provide any services (including without limitation, delivery, installation and/or retrieval of any Rented Item(s)), you agree to: (a) pay our stated charge(s) for the same; (b) be present (or ensure your representative is present) at the Site at the agreed lie (s); (c) ensure our representatives have full access to the Site; (d) give any required notice(s) to governmental authorities: and (e) obtain all necessary licenses, permits, authorizations and approvals in advance. FP will not be for env delayer) caused by other ad4e, including any providers of other equipment, products or services ('Other Providers") If you are not present upon delivery or retrieval of the Rented Item(s), you agree to accept the statements of FP's representatives regarding the same (including the status, location(s), quality, condition and quantities of all Rented item(s) as well as the condition of the Site). (4) AT AU. TIMES DURING THE TERM. YOU WILL ENSURE THAT: (a) each Rented Item is used safely and (i) for Its iintended ed (as (Iii) within Its rated capacity: [G) at the address sat forth on P.1 (the 'Seel; (iv) by properly (twined., certified and/or i applicable) operators; and (v) otherwise in full compliance with the' Instructions* identified In §(8) below: as welt as as applicable laws, licensed regulations and ordinances; (b) the Site is reasonably dean, safe. dry and secure; and (c) ALL CHILDREN USING OR OCCUPYING ANY RENTED ITEMS) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES. You will not, nor will you permit anyone els to abuse, misuse, overuse, remove from the Site, conceal, repair, modify, move, damage, destroy, take possession of or exercise control ova , any of the Rented Item(s) without FP's prior consent (granted, conditioned or denied in the sole discretion of FP). (51 You agree to' (a) protect the Rented Renee) at all titres; (b) keep them safely and securely stored and locked when not in use; (c) re m team to FP on lime, clean and in good order, condition and repair. If you fad 1rJ comply with any of the above requirements, then rrh addition o your other obligations arising under this Contract. you agree to pay FP: (a) Rent for each succeeding lull rental period until the Rented Itere(s) is/ere returned of replaced as required; and (b) all costs and expenses FP may incur in connection therewith, including without limitation, cleaning, servicing, repairing and/or replacing the subject Rented Item(s). Certain items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped ('Packed'), Upon return, you will ensure that all Rented Items are y Packed, using the (same packing =tenses, and free of bums, steins. mold, mildew and discoloration. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY, PACKCIG WET OR DAMP RENTED ITEMS MAY RESIA.T IN MOLD, MILDEW AND/OR OTHER DAMAGE. FOR WHICH YOU WILL BE LIABLE, (6) Upon your execution of this Contract (or upon tater delivery of the Rented Items, unless you immediately reject d them), you represent, warrant, acknowledge and agree that (a) each of the Rented Item(s): (I) hasbeen carefully selected. examined, counted Mph tested Dv v[y; (ti) IS in good repair and operating condition, free of defects. and otherwise in all ways acceptable to you, and (II) is appropriate for your purposes rit based on any recommendation by FP; and: (b) you: (r) have received, read and understood the trarning, instructions, warnings, user manuals, maintenance requirements, and other information, if any (Including without limitation, any and all applicable fire Codas, EPA. OSHA. ANSI. IEEE. IBC. IFC and NFPA Standards, if any) regarding the proper and safe transportation. installation. use, maintenance and storage of the Rented limner), (collectively, "Instructions"): (e) Will fully comply therewith: (lit) have been offered all recommended and required safety equipment: (iv) will use each Rented item only for its Intended purpose, In a reasonable and safe manner, (v) will advise the appropriate Utilities Protection Service, mark al underground utilities and cables (call 811 or 800-922.1987. or do to wrvvw.cofll.org), and obtain all necessary licenses, authorizations, permits and approvals at least 2 full business days prior to digging, driving stakes or otherwise disturbing the ground surface; (vi) will not permit the use or storage of fire sources, open stoves or flarnmabies inside of or unreasonab y close to any Rented Item (vii) will Immediately cease using any Rented Item that malfunctions or proves detective (a Matfundioree (viii) will ensure that adequate and proper power, heating and lighting are provided at all times; and (ix) will cause all others to comply wart this Section at all limes, (7) WARNING. TENTS. CANOPIES. STAGES. FLOORS AND FENCING ("TEMPORARY STRUCTURES") CAN BE DANGEROUS AND MAY MOVE, TIP, COLLAPSE, LEAK, OVERTURN OR CATCH FIRE, PARTICULARLY DURING SEVERE WEATHER. You agree (o: (a) conspicuously post an OSHA.comotiarit Evacuation Plan as necessary: (b) if severe weather occurs or thre9lens, discontinue Vise of and EVACUATE such Rented Itemise (c) notify FP of the same as soon as possible; (d) take all necessary steps to: () ensure the safety of all occupants; and (i) protect all Rented Items: and (e) permit FP to postpone delivery and/or installation of, or dismantle a aloe ardor retrieve any or all of such Item(s) (without obligating FP to do so), (r;al w)(ARNING: Obtaining, retaining or exercising control aver anything of value of another without authorization, or by means of throat or decep ' xt ar without the consent of the owner, or knowMgly failing to return said property to the owner or provider within 72 hours after the tiereed u� drno ref return may be deemed theft, subjecting the violator to CRIMINAL PROSECUTION AND/OR CIVIL PENALTIES. See C.R5. lam+ 401, et s for Mena No term or condition of thls contract shall construed of interpreted as a waiver, express or implied, of any of the immunities, rights, benefits. protections or other provisions, of the Colorado Governmental Immunity Act of SS24-10-101 et. Seq., as applicable now of hereafter amended LIMITED DAMAGE WAIVER ("LOW") ADDENDUM The following Terms and Conditions apply to all Damage Waivers provided to customers ("Lessees") of FLEXX PRODUCTIONS. LLC, A COLORADO LIMITED LIABILITY COMPANY, ITS PARENTS, AFFILIATES AND/OR SUBSIDIARIES ("FLEXX") You, the crier oc Lessee, era resporhscble for protecting all items rented to you (hereinafter, 'Rented Item(s)') by FLEXX (alk/a -FP" or "Lessee) rider 11w Sarnia of your Rental Contract (hereinafter, "Contract") from any and all loss, theft, damage, and destruction. Except as provided w, if any Reread ttem(a) ta/are krst, sitter, damaged or deatroyed during your rental, you will be responsible to FLEX)( for all cry's associate with repairing, restoringand/or r such Rented Item(s). You may also be responsible to FLEXX for additional charges during the period!required to repair, restore or any Rented (torn(,) which is/are lost or damaged and/or the toss in value of such Rented Item(s)_ If we maid our Optional Limited Damage Weiver(hereineftar, 'LDW') avalable, and you fully and timely pay the applicable LDW fee (reflected in your Contract) to FLEXX, then to the extent set forth below, FLEXX agrees to lint Its claims against you arising from physical damage to any Rented Itejn(s) covered by LDW (hereinafter, 'Covered Item(s)'), sullied to the remaining terms hereof. You will otherwise remain liable for 100% of all loss, theft, damage to and/or destruction of the Rented Item(s), OUR LIMITED DAMAGE WAIVER ("LDW") Is OPTIONAL and may be Declined IF YOU PROVIDE THE PROPERTY DAMAGE / INLAND MARINE INSURANCE REFERENCED IN SECTION (10) OF YOUR RENTAL CONTRACT and SIGN our form of Damage Waiver Release. LDW is a ihinial waiver of our claims for damage to or destruction of only Covered Item(/. IT IS NOT INSURANCE, NOR IS IT At WARRANTY, If LDW is offered by FLEXX and accepted by you as provided above, then sulliect to the remaining terms hereof, inducting without Ilm!talon the 'Exceptions and Exclusions" set forth below, FLEXX will waive its right le recover from you 90% of its direct cost(s)rto repair or , r, replace Covered Items) which suffer physical damage during the rental Term" set forth in your Contract (the 'Term); provided that: (a) you will remain liable to FLEXX for a 'deductible' equal to 1Q% of the total of all costs incurred in connection with repairing and/or replpcing Covered Item(s); (b) you must notify FLEXX In writing of any and all bas, cartage and/or destructIon ofeo Covered Items) within 24 hours thereafter; (c) you must provide FLEXX with reasonable documentary evidence of the nature and cause(s) thereof (including any and alGpfcfures and police reports within 72 hours after such toss. damage or destruction occurs); and (d) you must continue at all times to comply fully with the terms of your Contract, try among other things, fully and timely paying ell amounts due and coming due to FLEX%. Exceptions and Exclusions: The foregoing notwithstanding, the following are NOT COVERED BY LDW, and you, the "Customer" or "Lessee," hill remain 100% liable for- a) Items) Not Covered: (I) Any Rented Items) with respect to which you do not pay the LDW ('Damage Waiver) Fee ( provided on Page 1 of your Rental Contract); Ili) all batteries, glass, tires, tracks, belts. chains, knobs and hoses in, on and/or inctud d with any Rented Item(s): and (cal) any and alt lose, damage and/or destruction exceeding $10,000 in the aggregate across all Covered Items: (b) (c) cot as s (d) Manse. Abuse, Nedkct: Lass of or damage to Covered Item(s) due to Intentional abuse, improper use, negffg , willful misconduct, neglect, overloading, overturning, striking overhead objects, and/or exceeding the rated capac/ty(ies) of such Item(s); (a) 7lreft/Crimina Activities: (I) Any failure to return Covered Item(s) to FLEXX (including without limitation, loss, theft and disappearance), and (II) criminal, fraudulent, dishonest and/or illegal act(s) or omisslon(s): (f) ¢(e iota Cara: Damage to or destruction of Covered Hernia) resulting from failure to property use or maintain heal In aced Itemis); Including wuhoul Gmrtauon, (I) failure to tmeiy remove snow, sleet or hail arc, 'mutations, lsl (h) euc DediCtrblg: The "deductible" described above; ViolalonalBreeches: Loss of or damage to Covered Item(s) due to violation by you, your agents, employees or of the terms of your Rental Contract, any app icable taws, rules, regulations, uxer po11Cy(fes) of insurance, and/or any instructions' Rental Contract (Including without limitation, instructions regarding proper use, maintenance, storage and/or servicing). l/ar warnings provided by FLEX%, the . otvner(s) and/or. the manufac to er(s) of. such Rented fends): i make proper use rat other reasonable precautions during inclement weather, and (ii) any foam to properly clean, dry. store, and/or repack any (s); Protection/Security: Loss of or damage to Covered Items) due to failure to secure and/or protect any Covered Item (erg., by leaving it on the ground. in an unprotected area, leaving it unlocked or unsecured, etc.); s Alcohol/Cans; Damage, destruction or loss of or to any Covered Item resulting from or in connection with the use of alcohol or drugs by you or anyone employed or engaged by you: ( ) Governmental Authority / War/ Terrorism Damage, destruction 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 clvll authority; and/or (II) act(s) of war and/or terrorism; (i) Transoanation: Damage, destruction or loss of or to arty Covered Item during transportation; and (k) Hazardous MaterlalelCondltlohs: Loss of or damage to any Covered Item (Including without limitation, holes, bums, /stains. and fraying) resulting from its exposure to caustic, hazardous, explosive, combustible, radioactive, toxic, corrosive or noxious chemicals, materials or substances or circumstances. This Addend shall be deemed to modify and supplement, and shall be deemed Incotpurated into and become a pan of your Contract. To the extort any o the (amts of MIS Addendum conflkl with the terms of your Contract, the terms of this Addendum shall control. Your Contract shall otherwise retain In full force and effect, and at terms thereof will be deemed incorporated herein as If fully set forth (and vice versa). The rented structure will be erected to provide temporary accommodations for your evert Tef 1)'structures can provideprotection moderate weather, but ere not designed (or use as shelter in severe weather as such conditions could exceed the structure's itto protect t occupants. In addition* temporary structures . may need to be evacuated (or other types of eme:ability n� situations. It is your (Lessee's") responsibility to ensure your guests' safety. FLEXX Productiorts, a Colorado limited liability company a("Lessor: "FLEX,.* 'we; "use and -our" recommends that you develop an emergency encplan so. emergencyduring suggested for g y you are prepared to act decisively ire the event of an your event, Following are suggeste dguideln developing an emergency plan. BEFORE YOUR EVENT: I 1 i 1. Designate Point person(s): Designate at least one person ve o will be in charge of the emergency plan and will be on site for the entire event, The point persons) will assist in developing the emergency plan, and trvilt be responsible during the event for monitoring the weather, determining vchether a -situation oils for evacuation and acting decisively and authoritatively to instruct guests to evacuate, The point person(s) can be an individual or a Small group. For example For a wedding, a family member, member of the wadding party, etc. For a corporate event, an event planner, company represen€ative, etc. For a public event, a show manager, representative of the venue, the Fire Chief, etc. 2. Emergency conditions: Work with the point person(s) to determine the emergency conditions that will trigger an evacuation of the temporary structure_ Following are some examples of situations in which it is unsafe to remain in a temporary structure: Situation Lightning High / Gusty Winds (over 25 mph/40 kph) Excessive Rain Why you need to evacuate The temporary structure is not grounded. It subjects structure to forces beyond its limitations; the structure cannot protect occupants from flying debris. It subjects structure to forces beyond its limitations: saturation of ground with water may compromise securernent.. Hail or Sleet it subjects structure to forces beyond its limitations. Snow Accumulation Ice storm It subjects structure to forces beyond its limitations. It subjects structure to forces beyond its limitations_ Flooding Smoke, Fire or Explosion Gas leak Saturation of ground with water may compromise securement. The structure cannot protect occupants from excessive heat, flames or flying debris, and may trap smoke, gas or other harmful airborne substances. Riot. War, Commotion, Civil Unrest. Terrorism Earth movement (e.g., tremor, landslide) This is not an all-inclusive list. You and your point person(s) should determine any and ail emergency conditions that could arise during your event` 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. 3. Emergency Shelter: Work with your point person(s) to determine where guests will seek shelter if necessary: Identify a nearby penrm--argent building large enough to accommodate your guests, or if no such building is available. 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. a Determine how guests with 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. Ground conditions may not be suitable for occupants and may compromise the structure's securernent. RENTAL CONTRACT FOR WELD COUNTY FAIR - FLEXX PRODUCTIONS, LLC ATTEST: Weld • nt Clerk to the BY: Deputy CI BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO eve Moreno, Chair JUN 1 4 2021 APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: a Controller APPRO:" S TO FORM: (41'114216.. County Attorney Ele al or Department Head Larry Hooker From: Sent: To: Subject: Attachments: Good morning, Cheryl Hoffman Tuesday, June 15, 2021 10:09 AM Jenette Masarie; Larry Hooker FW: SIGNATURE REVIEW - Rental Contract for Weld County Fair - FLEXX Productions, LLC Attached Image Please have Larry stop by our Clerk to the Board office to sign this agreement as soon as possible. We can then finalize it for you and send you a copy. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Cheryl Hoffman <choffman@weldgov.com> Sent: Monday, June 14, 2021 11:17 AM To: Chloe Rempel <crempel@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Gabe Kalousek <gkalousek@weldgov.com>; Barb Connolly <bconnolly@weldgov.com>; Chris D'Ovidio <cdovidio@weldgov.com> Cc: Larry Hooker <lhooker@weldgov.com>; Jenette Masarie <jmasarie@weldgov.com>; CTB <CTB@co.weld.co.us> Subject: RE: SIGNATURE REVIEW - Rental Contract for Weld County Fair - FLEXX Productions, LLC Attached please find a copy of the Flexx Productions Rentals Agreement for the Weld County Fair. On the last page which is the signature page, I am still missing legal approval and signature by Larry Hooker. Legal, this was one approved by the BOCC today. Could one of you please indicate if you approve of me stamping your signature on this one. Larry, please stop by our office at Clerk to the Board to sign this. This needs to be done before I can finalize it and send you a Copy. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman( a�weldgov.com From: Chloe Rempel <crempel@weldgov.com> Sent: Monday, June 7, 2021 12:09 PM To: Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Gabe Kalousek <gkalousek@weldgov.com>; Barb Connolly <bconnolly@weldgov.com>; Chris D'Ovidio <cdovidio@weldgov.com> 1 Cc: Larry Hooker <Ihooker@weldgov.com>; Jenette Masarie <imasarie@weldgov.com>; CTB <CTB@co.weld.co.us> Subject: SIGNATURE REVIEW - Rental Contract for Weld County Fair - FLEXX Productions, LLC Good afternoon, Please review and advise as to placement on the Monday, June 14, 2021, Agenda. Please also remember to reply -all to this email. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel(a weldgov.corn 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. 2 Hello