HomeMy WebLinkAbout20200769.tiffKevin D. Ross
RESOLUTION
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 Party Rental Items
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 Party Rental Items 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 4th day of March, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dead/0 &oc „it A k
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Mike Freeman, Chair
K. James
APP ' e , ID AS % j� J :� .•;►,�. ', ��l;mil ��h-O.c-lw
arbara Kirkmeyer
ounty Attorney
Date of signature: o3/lq/20
Gc:EX(KH),cA(�'�), ncr(6c/v)
04/02/20
2020-0769
EX0030
TERMS AND CONDITIONS OF RENTAL CONTRACT
For good and valuable consideration, you and FLEXX Productions, LLC, agree as follows:
(1) As used herein, "P.1" refers to the first page or "face" of this Contract; "Rented Item(s)" or "Items" means the "Items
Rented" to you, as identified on P.1 (including any "Instructions" referenced in §(6) below); "§" means a numbered Section of this Contract;
"Customer," "Lessee," "you" and "your" mean the customer or "Lessee" identified on P.1; and "FP," "Lessor," "we," "us" and "our" mean FLEXX
Productions, LLC, a Colorado limited liability company, d/b/a "Flexx Productions."
(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 "Rent"), together with any other charges accruing hereunder, without proration, reduction or setoff, until the Rented
Item(s) is/are returned to and accepted by FP. Rental rates are for normal use of the Rented Item(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 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 (ii) at least 10 days before the Term commences, 100% of the remaining Estimated Rent (together with
the Deposit, the "Prepayment"); and (b) any 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 thereon; 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 prior to your originally scheduled delivery date, FP may,
but will not be obligated to, refund a portion of your Deposit. Prepayments are otherwise non-refundable. FLEXX Cancellation Policy; If items
are cancelled less than 15 days before the date of delivery or customer pick up, a 35% cancellation charge will apply (excluding:tenting and tent
decor.)If items are cancelled less than 5 days before the date of delivery or customer pick up, a 100% cancellation charge will apply. If any
tenting and tent decor items are cancelled within 60-31 days before the date of delivery or customer pick up, a 50% cancellation charge will
apply. If any tenting and tent decor items are cancelled within 30 days before the date of delivery or customer pick up, a 100% cancellation
charge will apply. Cancellations made after the delivery of your rentals, installation equipment, or pick up of your rentals at our showroom will
forfeit all payments. Anything with, in or on any Rented Item(s) upon return will, at our 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 time(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 responsible for any delay(s) caused by other
parties, 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 ALL TIMES DURING THE TERM, YOU WILL ENSURE THAT: (a) each Rented Item is used safely and pli/y: (i) for its
intended purpose(s); (ii) within its rated capacity; (iii) at the address set forth on P.1 (the "Site"); (iv) by properly qualified, certified and/or
licensed (as applicable) operators; and (v) otherwise in full compliance with the "Instructions" identified in §(6) below, as well as all applicable
laws, rules, regulations and ordinances; (b) the Site is reasonably clean, safe, dry and secure; and (c) ALL CHILDREN USING OR
OCCUPYING ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES. You will not, nor will you permit
anyone else to abuse, misuse, overuse, remove from the Site, conceal, repair, modify, move, damage, destroy, take possession of or exercise
control over, any of the Rented Item(s) without FP's prior consent (granted, conditioned or denied in the sole discretion of FP).
(5) You agree to: (a) protect the Rented Item(s) at all times; (b) keep them safely and securely stored and locked when not in
use; (c) return them to FP on time, clean and in good order, condition and repair. If you fail to comply with any of the above requirements, then
in addition to your other obligations arising under this Contract, you agree to pay FP: (a) Rent for each succeeding full rental period until the
Rented Item(s) is/are returned or 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 properly Packed, using the same packing materials, and free of burns, stains, mold, mildew and discoloration. YOU AGREE NOT TO
PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. PACKING WET OR DAMP RENTED ITEMS MAY RESULT IN MOLD,
MILDEW AND/OR OTHER DAMAGE. FOR WHICH YOU WILL BE LIABLE.
(6) Upon your execution of this Contract (or upon later delivery of the Rented Items, unless you immediately reject it/them),
you represent, warrant, acknowledge and agree that: (a) each of the Rented Item(s): (i) has been carefully selected, examined, counted and
tested by you; (ii) is in good repair and operating condition, free of defects, and otherwise in all ways acceptable to you; and (iii) is appropriate
for your purposes, not based on any recommendation by FP' and: (b) you: (i) have received, read and understood the training, instructions,
warnings, user manuals, maintenance requirements, and other information, if any (including without limitation, any and all applicable Fire
Codes, 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 Item(s), (collectively, "Instructions"); (ii) will fully comply therewith; (iii) 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 all underground utilities and cables (call 811 or 800-922-1987, or go to
www.co811.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 flammables inside of or
unreasonably close to any Rented Item (vii) will immediately cease using any Rented Item that malfunctions or proves defective (a
"Malfunction"); (viii) will ensure that adequate and proper power, heating and lighting are provided at all times; and (ix) will cause all others to
comply with this Section at all times.
(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 to: (a) conspicuously post an OSHA -compliant Evacuation Plan as necessary; (b) if severe weather occurs or threatens,
discontinue use of and EVACUATE such Rented Item(s); (c) notify FP of the same as soon as possible; (d) take all necessary steps to: (i)
ensure the safety of all occupants; and (ii) protect all Rented Items; and (e) permit FP to postpone delivery and/or installation of, or dismantle
and store and/or retrieve any or all of such Item(s) (without obligating FP to do so).
2020-0769
(8) In the event of a Malfunction, you will immediately notify FP, and provided the Malfunction did not result from or in
connection with your breach of this Contract, or any wrongful or negligent act or omission by you or any of your agents, employees and/or
contractors, FP will (at its option): (a) repair the Malfunctioning Item; (b) provide you with a replacement; or (c) return the unused portion of the
Rent and cancel this Contract. The foregoing remedy is EXCLUSIVE. FP will have no obligation other than as set forth herein regarding
Malfunctions, and you hereby waive and relinquish any and all claims arising therefrom or associated therewith, including all incidental and
consequential damages.
(9) Except with respect to Rented Items which FP rents from one or more third parties (each, a "TPO") and then re -rents to
you ("Re -Rented Items"), FP alone owns and will retain title to all Rented Items. Your only right with respect to the Rented Item(s) (including
Re -Rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You will not permit the taking or existence of any lien,
claim, security interest or encumbrance on any Rented Item. You SHALL NOT transfer, sublet or assign any Item(s) or this Contract
without FP's prior written consent in our sole discretion.
(10) You agree to maintain all insurance we deem necessary, including at least: (a) commercial general liability insurance with
minimum limits of $1,000,000 per occurrence; and (b) "all-risk" or inland marine insurance, including coverage for property in transit, covering all
loss of, and damage to, the Rented Item(s) for the full (new) replacement value thereof. All such policies shall name FP as an additional insured
and loss payee (as applicable), waive subrogation against FP, include a severability of interests provision, be deemed primary, and include
such other terms as FP may require.
(11) Your duties hereunder are UNCONDITIONAL. If you or any guarantor: (a) fail to fully and timely pay or perform your obligations arising
under, or otherwise fail to fully and timely comply with, any provision of this Contract; (b) provide any incorrect or misleading information to FP;
(c) become insolvent; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost, damaged or destroyed; you will be in
default, whereupon, FP may without notice (and without liability to you): (i) terminate your rental; (ii) seek relief from any automatic stay; (iii)
recover, lock or disable the Rented Item(s) without being guilty of trespass or other transgression; (iv) perform your obligations hereunder on
your behalf, without being obligated to do so; (v) purchase replacement item(s) as necessary; (vi) recover from you and/or any guarantor our
associated with direct damages, costs and expenses (including without limitation, Rent for the remainder of the Term, interest); and/or (vii)
pursue any other rights and/or remedies available hereunder, at law or in equity, all of which shall be cumulative.
(12) HOLD HARMLESS: FP IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE RENTED ITEM(S), ALL OF
WHICH ARE PROVIDED "AS -IS". NEITHER FP NOR ANY TPO, MAKES ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY
WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY,
CAPACITY, FREEDOM FROM DEFECTS AND/OR WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY ARISING FROM OR
IN CONNECTION WITH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR
SERVICE(S) PROVIDED BY FP OR ANY TPO, NOR DOES FP OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR
INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR
WARRANTIES. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY: (A) ASSUME ALL
RISK OF PERSONAL INJURY(IES), PROPERTY LOSS, DAMAGE AND/OR DESTRUCTION, AND ENVIRONMENTAL CONTAMINATION
OF, TO, AND/OR ARISING IN CONNECTION WITH THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS
AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION, INSPECTION, DESIGN, MANUFACTURE, USE,
LOADING, UNLOADING, TRANSPORTATION, DEMON-STRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR AND/OR
RETRIEVAL OF SUCH ITEM(S), WHETHER OR NOT YOUR FAULT.
(13) If and giLly if FP made available its Optional Damage Waiver (the charge for which appears on P.1, if available), and you
have paid the applicable Damage Waiver charge prior to commencement of the Term, your liability to FP for physical damage to covered
Rented Item(s) ("Covered Item(s)") will be limited as set forth in our Damage Waiver Addendum, a copy of which you acknowledge receiving
and carefully reviewing. DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY. In all other events, you will be 100% liable for all
loss, damage to and/or destruction of the Rented Item(s).
(14) This Contract, and any Addenda provided by FP (including without limitation, our Delivery and Acceptance Certificate, Evacuation
Plan, and Damage Waiver Addendum) all of which are incorporated herein, represent the entire agreement between you and FP, superseding
all other agreements and representations (including FP's website and advertising). You agree to pay: (b) all taxes, duties, fines, fees,
assessments and other charges related to the Rented Item(s). If any provision of this Contract is deemed invalid or unenforceable by any court
of competent jurisdiction, such provision will be deleted, and the remainder of this Contract will remain valid and in full force and effect. You
hereby grant FP a perpetual, paid -up, royalty -free license to edit, copy, display and distribute copies of all audio and visual representations
which include any Rented Item(s). Time is of the essence. There are no third -party beneficiaries hereto, other than the TPO(s), if any, who will
be deemed intended third -party beneficiaries of your obligations arising under this Contract (as applicable). FP may, without notice or liability to
you: (i) inspect the Rented Item(s) at any time, and/or (ii) file of public record one or more UCC-1 Financing Statements to reflect its interest in
the Rented Item(s). Neither FP's exercise, nor its failure or delay in the exercise, of any rights or remedies will constitute an election of remedies
or a waiver of any right or remedy FP may have. If any performance required of FP is rendered impractical as a result of any act or omission of
any Other Provider(s) or any "Act of God" (e.g., any event, fact or circumstance beyond FP's reasonable control), FP will be excused from such
performance. All amounts due hereunder but not timely paid will bear interest at the highest rate permitted under applicable law until paid. You
authorize FP to submit all amounts coming due hereunder for payment on your debit or credit card and hereby waive all
chargebacks and other claims to the contrary. You agree to pay FP the maximum lawful charge for any check you write which is returned
unpaid. FP's maximum liability under or in connection with this Contract is limited to the Rent actually paid by you hereunder. This
Contract allocates to you the risk of injury, loss of or damage to persons or property arising in connection with the Rented Item(s), and that
allocation (which you agree is fair and equitable) is reflected in a reduced Rent. This Contract will be deemed to apply not only to the Rented
Item(s) identified on P.1, but also to all other items you rent from FP at any time in the future (except only as otherwise agreed by FP). This
Contract cannot be further amended except in a writing signed by both you and FP, and will be governed solely by the laws of the State of
Colorado. Proper venue for all legal proceedings commenced in connection herewith shall lie solely and exclusively in the federal and state
courts located in or nearest to Larimer County, CO (unless waived by FP), and you hereby consent and submit to the jurisdiction of such courts.
Your handwritten, digital, electronic, photocopied or facsimiled signature on this Contract and/or any Addendum will be enforceable as an
original.
(15) WARNING: Obtaining, retaining or exercising control over anything of value of another without 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 after the
agreed upon time of return may be deemed theft, subjecting the violator to CRIMINAL PROSECUTION AND/OR CIVIL PENALTIES. See
C.R.S. §18-4-401, et seq. for details.
(16) No term or condition of this 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 ("LDW") 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 "Customer" or "Lessee," are responsible for protecting all items rented to you (hereinafter, "Rented Item(s)") by FLEXX (a/k/a "FP" or
"Lessor") under the terms of your Rental Contract (hereinafter, "Contract") from any and all loss, theft, damage, and destruction. Except as
provided below, if any Rented Item(s) is/are lost, stolen, damaged or destroyed during your rental, you will be responsible to FLEXX for all costs
associated with repairing, restoring and/or replacing such Rented Item(s). You may also be responsible to FLEXX 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 we make our Optional Limited Damage Waiver (hereinafter, "LDW") available, 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 limit its 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, 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 partial waiver of our claims for damage to or destruction of only Covered Item(s). IT IS NOT INSURANCE, NOR IS IT A
WARRANTY. If LDW is offered by FLEXX and accepted by you as provided above, then subject to the remaining terms hereof, including
without limitation the "Exceptions and Exclusions" set forth below, FLEXX will waive its right to recover from you 90% of its direct cost(s) to
repair or replace Covered Item(s) which suffer physical damage during the rental "Term" set forth in your Contract (the "Term"); provided
however, that: (a) you will remain liable to FLEXX for a "deductible" equal to 10% of the total of all costs incurred in connection with repairing
and/or replacing Covered Item(s); (b) you must notify FLEXX in writing of any and all loss, damage and/or destruction of/to Covered Item(s)
within 24 hours thereafter; (c) you must provide FLEXX with reasonable documentary evidence of the nature and cause(s) thereof (including
any and all pictures and police reports within 72 hours after such loss, damage or destruction occurs); and (d) you must continue at all times to
comply fully with the terms of your Contract, by among other things, fully and timely paying all amounts due and coming due to FLEXX.
Exceptions and Exclusions: The foregoing notwithstanding, the following are NOT COVERED BY LDW, and you, the "Customer" or
"Lessee," will remain 100% liable for:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Item(s) Not Covered: (I) Any Rented Item(s) with respect to which you do not pay the LDW ("Damage Waiver")
Fee (as provided on Page 1 of your Rental Contract); (ii) all batteries, glass, tires, tracks, belts, chains, knobs and hoses in, on and/or
included with any Rented Item(s); 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;
Violations/Breaches: Loss of or damage to Covered Item(s) due to violation by you, your agents, employees or
contractors, of the terms of your Rental Contract, any applicable laws, rules, regulations, policy(ies) of insurance, and/or any "Instructions"
as defined in your Rental Contract (including without limitation, instructions regarding proper use, maintenance, storage and/or servicing),
specifications and/or warnings provided by FLEXX, the owner(s) and/or the manufacturer(s) of such Rented Item(s);
Misuse, Abuse, Neglect: Loss of or damage to Covered Item(s) due to intentional abuse, improper use,
negligence, willful misconduct, neglect, overloading, overturning, striking overhead objects, and/or exceeding the rated capacity(ies) of
such Item(s);
Theft/Criminal 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 omission(s);
Reasonable Care: Damage to or destruction of Covered Item(s) resulting from failure to properly use or maintain
such Covered Item(s); including without limitation, (i) failure to timely remove snow, sleet or hail accumulations, make proper use of
heaters, take other reasonable precautions during inclement weather, and (ii) any failure to properly clean, dry, store, and/or repack any
Rented Item(s);
Protection/Security: Loss of or damage to Covered Item(s) due to failure to secure and/or protect any Covered
Item (e.g., by leaving it on the ground, in an unprotected area, leaving it unlocked or unsecured, etc.);
(h) Alcohol/Drugs: 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;
(i) 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 civil authority; and/or (II) act(s) of war and/or terrorism;
Transportation: Damage, destruction or loss of or to any Covered Item during transportation; and
Hazardous Materials/Conditions: Loss of or damage to any Covered Item (including without limitation, holes,
burns, stains, and fraying) resulting from its exposure to caustic, hazardous, explosive, combustible, radioactive, toxic, corrosive or
noxious chemicals, materials or substances or circumstances.
This Addendum shall be deemed to modify and supplement, and shall be deemed incorporated into and become a part of your Contract. To the
extent any of the terms of this Addendum conflict with the terms of your Contract, the terms of this Addendum shall control. Your Contract shall
otherwise remain in full force and effect, and all terms thereof will be deemed incorporated herein as if fully set forth (and vice versa).
a)
(k)
IMPORTANT: YOU WILL BE DEEMED TO HAVE ACCEPTED THE OPTIONAL LDW UNLESS YOU EXPRESSLY DECLINE IT AS SET
FORTH ABOVE, AND PROVIDE THE PROPERTY DAMAGE / INLAND MARINE INSURANCE REFERENCED IN SECTION (10) OF YOUR
RENTAL CONTRACT.
SAMPLE EVACUATION PLAN
Post in a Public Place on or Near Rented Item(s)
The undersigned ("Lessee") is renting one or more tent(s) or other temporary structure(s) ("Rented Structure(s)") from FLEXX Productions, a
Colorado limited liability company (hereinafter, "Lessor," "FLEXX," "we," "us," and "our"). Each Rented Structure is a "temporary structure,"
meaning it is intended to provide only temporary accommodations. Temporary structures are NOT DESIGNED FOR USE AS SHELTER IN
SEVERE WEATHER.
The Tent or other Rented 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 Lessee's emergency plan and will be on site for the Lessee'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 guests to do so):
Name: Cell Number:
Name: Cell Number:
Emergency conditions to be particularly aware of (check all that apply to your region/seasonality):
• Lightning
• Hail or sleet
• Damaging winds
• Earth movement
Emergency Shelter
Name/Identification:
Location/Address:
' Heavy rainfall
Flash flooding
Snow accumulation
Phone No.:
Ice storm
" Smoke, Fire or Explosion
Gas leak
Confirmed the shelter will be open and available: Yes
Evacuation Route (From Rented Item(s) to Emergency Shelter):
Backup Method for Communication
PA Cell Phone " Walkie-talkie 'Bull Horn "Other
During the event
An initial announcement of location of emergency shelter will be made. " Yes " No
If yes, by whom:
Options to monitor the weather
" Weather alert radio " Radio " TV " Cell Phone App Other:
Emergency Contact Numbers:
Fire Dept.: Hospital/Med. Center:
Police: On -Call Physician/EMT/Nurse:
Event Planner. Rental Customer:
Questions? Contact: FLEXX at:
Signature of Lessee (Provider of Evacuation Plan):
GUIDELINES FOR EVACUATION PLANS
OSHA Regulation, 29 CFR Section 1910.38 sets forth the requirements for an Emergency Evacuation Plan
GUIDELINES FOR DEVELOPING AN EMERGENCY PLAN FOR YOUR OUTDOOR EVENT
The rented structure 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 as such conditions could exceed the structure's ability to protect
occupants. In addition, temporary structures may need to be evacuated for other types of emergency situations.
It is your ("Lessee's") responsibility to ensure your guests' safety. FLEXX Productions, a Colorado limited liability company ("Lessor,"
"FLE)X," "we," "us," and "our") recommends that you develop an emergency plan so you are prepared to act decisively in the event of an
emergency during your event. Following are suggested guidelines for developing an emergency plan.
BEFORE YOUR EVENT:
1. Designate Point person(s):
Designate at least one person who will be in charge of the emergency plan and will be on site for the entire event. The point person(s) will
assist in developing the emergency plan, and will be responsible during theevent for monitoring the weather, determining whether a
situation calls 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 wedding party, etc.
• For a corporate event, an event planner, company representative, 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
Why you need to evacuate
Lightning
The temporary structure is not grounded.
High / Gusty Winds (over 25
mph / 40 kph)
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.
Hail or Sleet
It subjects structure to forces beyond its limitations.
Snow Accumulation
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.
Riot, War, Commotion, Civil
Unrest, Terrorism
Structure cannot protect occupants from physical harm due to riot, war, commotion, civil unrest, terrorism or
threats thereof.
Earth movement
(e.g., tremor, landslide)
Ground conditions may not be suitable for occupants and may compromise the structure's securement.
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.
3. Emergency Shelter:
Work with your point person(s) to determine where guests will seek shelter if necessary:
Identify a nearby permanent 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.
• Determine how 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.
IN WITNESS WHEREOF, the �� tiR!�z.Lecuted this agreement on the 4th day of March, A.D.. 2020.
ATTE
Wel
BY:
Deputy CI
TO FI
APPROyg AS j,W
PVIA
County Attorney
ARD OF COUNTY COMMISSIONERS
LD COU , COLORADO
Mike Freeman, Chair
APPROV AS TO SUBSTANCE:
MAR 0 4 2020
Elected Official or Department
FLEXX Productions, LLC
BY:
CONTRACT FOR WELD COUNTY FAIR - FLEXX PRODUCTIONS, LLC
APPROVED AS TO SUBSTANCE:
ei/Z ?')
Elected Official or Deparhient Head
,---
APPROVED AS O F NDING•
l� J�� ll✓J
Controller
.a d
APPROVED AS TA FORM:
/
Asstounty Attorney
c2oao -0 76
3/2/2020
Unsigned
Contract #: 21521 Weld County FLEXX Productions Page 1 of 3
4_ 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 quickty to call police and/or emergency response personnel if necessary_ Depending on the see of your event backup communications may be needed in
situations where there is no electrical power, cell phone signals are interrupted, etc.
5. 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 ALERT<httpAveatherweathenbur..com'severe-weather.htrn/>S
Deciding whether or not to proceed with the event under the tent(s) based on that information_
Checking each tent structure for any changes since installation (for example. stakes pulling out of the ground. loose poles, ropes or straps etc.).
If you notice anything unusual call us immediately using Lessor's emergency number:
DURING YOUR EVENT:
S. 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 25 mph / 40 kph).
Smoke, Fire or Explosion.
Heavy Precipitation: Heavy rain. hail. sleet, snow or ice begins falling or accumulating on the tent(s) (e.g., rain falling so hard that it runs off the tent walls
in sheets, snow piling up on the top(s) of the tent(s). etc.).
Flooding: Water running through the tent of surrounding area.
Gas leak_
Anchoring Failure: Any of the lent anchoring devices fail(s) or the tent. any pole(s) or wall(s) begin(s) to move. tilt or bend.
7. IF A DECISION IS MADE TO EVACUATE YOU MUST:
Make a Public Announcement Announce immediately that there is a weather or other emergency and that it is unsafe to stay under the tent. Tell your
guests that they must leave the tent without delay and take shelter in the location(s) you've chosen as emergency shelters_
Render Assistance: Assist your guests along the evacuation route to the emergency shelter_
FOLLOWING AN EVACUATION:
After an evacuation, even if the tents) or other temporary structure(s) appear(s) to be intact, itllhey may not be safe to re-enter. For example, one or more stakes may
have been pulled out of the ground or there may be loose poles, ropes or straps. Contact FLEXX. so we can inspect each structure BEFORE you permit anyone to reenter
and/or resume your event.
https://rentalesign.com/esig/2344468/sign 8/14
3/2/2020 Unsigned
Contract #: 21521 Weld County
FLEXX
productions
€ Customer #: 3322
Weld County
915 10th St
Greeley, CO 80631
970-358-4000 Phone
Page 2 of 3
Status: Reservation
Contract #: 21521
Event Beg: Fri 7/24/2020 9:00AM
Event End: Mon 81 3/2020 4:00PM
Operator: KARA Schuch
Job Descr: Weld County Quilt Fair 2020
Ordered By: Kendyl Berger 970 590-2099
Salesman: KARA Schuch 970-223-1195 KARA@FLEXXProductions.com
Delivery Fri 7/24/2020 9:00AM
Kendyl Berger 970-590-2099
Island Grove -Events Center
915 10th St
Greeley, CO 80631
Pickup Mon S/ 3/2020 8:00AM - 5:00PM
Kendyl Berger 970-590-2099
Island Grove -Events Center
915 10th St
Greeley, CO 80631
KS
del 7/24 9:00am Start
*Some P&D will be set/other areas are a Drop: SEE NOTES/NEED MAPS ON FILE
*CALL KENDYL UPON ARRIVAL*
pu 8/3 8am-5pm
Set Order:
- Open Class Exhibit/Quilt Hall (Set by 12:00pm)
-Drop Additional Parts for this area
- Vendor Hall (Set by 5.00pm)
- Drop 4H/Bunkhouse (small section to set) Parts
pays by invoice(sends in check after final sent off)
OPEN CLASS EXHIBIT FLEXX SET
SEE MAP
Pipe & Drape 3 (PeeF )
DRAPE COLOR WHITE
Ea
53.50
Price
5175.00
nn .. ,
CO TC
C'JTC nrt
https://rentalesign.com/esig/2344468/sign 10/14
3/2/2020
Unsigned
fuu # rupc o 1JIap ? trc1r 1 /
470
DRAPE COLOR: GREEN
I QUILT HALL DISPLAY FLEXX SET
SEE MAP
Pipe & Drape 8' (PeWT)
DRAPE COLOR GREEN
OPEN CLASS EXHJHALL JULY 23RD
FLEX DROP -CLIENT SETS
Pipe & Drape 3' (PerFT)
DRAPE COLOR WHITE
Pipe & Drape 8` (PerFT)
DRAPE COLOR: GREEN
VENDOR HALL FLEXX SET
SEE MAP
17 Pipe & Drape Booth 10x90
SETTING -DRAPE COLOR. GREEN - (17)10' WIDE x 8' DEEP
2 Pipe & Drape Booth 10x20
DRAPE COLOR GREEN -8'x20' Booths
20 Pipe & Drape 8' (PerFT)
DRAPE COLOR: GREEN Behind tables
4H BUILDING
FLEXX DROP -CLIENT SETS
Pipe & Drape 3' (Per'F'f)
DRAPE COLOR 3iTE
-aa.ea'
Ja r ,.uu
53.751 5600.00
51.75
Discount / Disc%
51.875,
Discount / Disc%'
544.50'
5822.50
$822.50 / 50.00%
$75.00
$75.00 150.00%
5620.50
589.00
575.00
51.75€ 52,10
Discount! Disc% $2100.00/50.00%
Pr. item s Thu 1;11121320 11:41:30AM
Softy are by Pcint-cf-Rertal Software wtawpc nt- f-renta.corn
Modmcation #3
Corzract-Pararns.TA (8)
https://rentalesign.com/esig/2344468/sign
11/14
3/2/2020 Unsigned
Contract #: 21521 Weld County
Page 3 of 3
Qty Items Rented
BUNKHOUSE
FLEXX DROP -CLIENT SETS
110 Pipe & Drape & (Pew)'
100
OR: WHITE
-->FLOWER SHELF FLEXX SET
In Bunkhouse
Pipe & Drape $' (PerFT)
DRAPE COLOR WHITE
EXTRA PARTS
LEAVE ON SITE AS EXTRA
SALE/DELIVERY
Pipe and Drape Hooks
PURCHASED
De�+rery/Pickup Greeley
Discount / Disc!
Price
5206.26
$206.26 / 50.00%
7 575.00
50.201 520.00
5140
https://rentalesign.com/esig/2344468/sign 12/14
3/2/2020 Unsigned
Thank you for your Business!
Rental Contract
MPORTANT. PLEASE READ CAREFULLY BEFORE SIGNING:
This is a egariy binding Contact. important Terms and Corditons appear on the Reverse Side and for following pages hereof
(and on any instructions andtcr Addenda referenced herein or included herewith). Any different or addibtanal terms. oral or written.
are hereby objected to, and shall not be enforceable unless separately and specifically approved in writing by FLEXX Productions.
LLC 'Lessor'). The unders+igned *Customer' or "Lessee" represents, warrants, covenants and agrees that he+'she.'it has carefully
reviewed, understands, and agrees to the terms of this Contract (as well as ali applicable Instructions and Addenda), has received
complete and legible copies of each, and hereby PERSONALLY GUARANTEES the prompt payment and performance of al
obligations of the 'Customer or'Lessee" arising under: or in connection With each of the same. Orders that are not paid in full and
are past the payment terms are subject to a monthly interest charge of 1.5% and ar additional 535 per month late processing fee.
signature: (M42,c, ,l,c�•.��
Mike Freeman, BOCC Chair Weld County
Pn, ted On Thu 1:15:2020 11:41:30A..M
Agreement to Terms
EE -Signature Authorization
I agree that my electronic signature as represented here is legally binding. I herewith represent and attest that all contracts and documents
submitted using my electronic signature have been signed by me. 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 delegated it or shared it with any individual. 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:
MAR 0 4 2020
Software by Pdnt-cf-.pie tai Software www pent-cf-renta _cam
Official Signature Page
Rental:
Damage Waiver:
Sales:
Delivery Charge:
$5,213.26
$521,33
$20.00
$140.00
Subtotal:
$5,894.59
Total:
$5,894.59
Paid:
50.00
Amount Due:
$5,894.59
Modification #3
:Contract-Pararns of (8)
https://rentalesign.com/esig/2344468/sign 13/14
3/2/2020 Unsigned
Contract #: 21522 Weld County FLEXX Productions Page 1 of 3
4. Communication:
Make sure you have telephone and other methods of communication invent 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 phone signals are interrupted. etc.
5. 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 ALERT <ltt :: veat€rerweatherboa corgi''severe-weather. htrW>S.
Deciding whether or not to proceed with the event under the lent(s) based on that information.
Checking each tent structure for any changes since installation (for example. stakes pulling out of the ground. loose poles, ropes or straps etc.).
If you notice anything unusual call us immediately using Lessors emergency number:
DURING YOUR EVENT:
6. Monitor the weather,. and implement your EVACUATION PLAN IF ANY ONE OR MORE OF THE FOLLOWING OCCURS}:
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 25 mph / 40 kph).
Smoke, Fire or Explosion.
Heavy Precipitation: Heavy rain. hail, sleet. snow or ice begins falling or accumulating on the tent(s) (eg., rain falling so hard that it runs off the tent walls
in sheds, snow piling up 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 lent anchoring devices fail(s) or the tent. any pole(s) or walks) begin(s) to move. tilt or bend.
7. IF A DECISION IS MADE TO EVACUATE YOU MUST:
Make a Public Announcement Announce immediately that there is a weather or other emergency and that it is unsafe to stay under the tent. Tell your
guests that they must leave the tent without delay and take shelter in the locations) you've chosen as emergency shelters_
Render Assistance: Assist your guests along the evacuation route to the emergency shelter.
FOLLOWING AN EVACUATION:
After an evacuation. even if the tents) or other temporary structure(s) appear(s) to be intact. it/they may not be safe to re-enter. For example. one or more stakes may
have been pulled out of the ground or there may be loose poles, ropes or straps. Contact FLEOC, so we can inspect each structure BEFORE you permit anyone to reenter
and/or resume your event.
https://rentalesign.com/esig/2344463/sign 8/14
3/2/2020 Unsigned
Contract #: 21522 Weld County
FL EXX
productions
Weld County
915 10th St
Greeley, CO 80631
Customer #: 3322
970-356-4000 Phone
Job Descr: Sponsored Tents 2020
Page 2 of 3
Status: Reservation
Contract #: 21522
Event Beg: Wed 7/29/2020 9:00AM
Event End: Mon 8/ 3/2020 4:00PM
Operator: KARA Schuch
Ordered By: Kendyl Berger 970 590-2099
Salesman: KARA Schuch 970-223-1195 KARA@FLEXXProductionscorn
Delivery Wed 7/29/2020 8:00AM 5:00PM Pickup Mon 8/ 3/2020 8:00AM - 5:00PM
Kendyl Berger 970-590-2099
Island Grove
501 N. 14 Ave
Greeley. CO 80631
Kendyl Berger 970-590-2099
Island Grove
501 N. 14 Ave
Greeley, CO 80631
KS
del 7/29 8-5pm
**Call Kendyl Upon arrival, will show placement -Map on tile of general area. NEED FINAL MAPS**
Tents will be going over 2 bleachers
INSPECTION: TBD POST PERMIT ON SITE*
pu 8/3 8am-5pm
**MAY ADD MORE TENTS FOR SHADE**
pays by invoice
ms Rented
Each Price
1 Tent -Frame Tent 20x40 White KIT
Setting over Bleachers —> SET ON 10' LEGS WITH CONNECTOR SLEEVES FOR 11'
EXTENSION
1 Tent- 20x40 Stake Kit
1 Tent -Frame Tent 20x40 White One Piece
Setting over Bleachers —> SET ON 10' LEGS WITH CONNECTOR SLEEVES FOR 11'
EXTENSION
1 Tent- 20x40 One Piece Stake Kit
5625.00 5625.00
50.00 50.00
5625.00 5625.00
S0.00- 50.00
https://rentalesign.com/esig/2344463/sign 10/14
3/2/2020 Unsigned
14
1 ern ran- t-ralrte LUX. I onnecror sleeves
4 corners. 4 feet. 2 black cabtes.
Tent-Safety/Permits Greeley
Delivery/Pickup Greeley
Pick-up with Fair
Tent -Client to Mark Private Lines
Kendyl caning in Locates
Must have pre -marked iv flagged prior to crew arrival for installation
Thank you for your Business!
S1L.SUi Sit S.lrll
$80.00
-
570.00
Discount ! Disc%
S160.00
570.00
$70..00 / 50.00%
$0.00
Pants: Cr Thu 1;16;2020 11:40:05AM Sof ware by Pccint-of-Re .=.a' Software vnnv_pc nt-ai-rents _core
Modcation #1
Contract-Pararns r (8)
https://rentalesign.com/esig/2344463/sign 11/14
3/2/2020 Unsigned
-11F-
Rental Contract
MPORTANT. PLEASE READ CAREFULLY BEFORE SIGNING:
This is a Iegaliy binding Contact. Important Terms and Con€litons appear on the Reverse Side ard,"or following page(s) hereof
(and on any '!nstructions andior Addenda referenced herein or included herewith}. Any different or addtonal terns, oral or written,
are hereby objected to, and shall not be enforceable unless separately and specifically approved in wr tng by FLEXX Productions,
LLC (.Lessor"). The undersigned `Customer' Of 'Lessee" -represents, warrants, covenants and agrees that he?she(it has carefully
reviewed, understands, and agrees to the terms of this Contrast (as well as all applicable Instructors and Addenda), has received
complete and legible copes of each, aril hereby PERSONALLY GUARANTEES the prompt payment and performance of at:
obtigations of the 'Customer' or `Lessee" arising under or in connection with each of the same. Orders that are not paid in full and
are past the payment terms are subject to a monthly interest charge of 1:5% and an additional 525 per month late processing fee..
air Weld County
MAR 0 4 2Q20
Printed an Thu 1(18<2020 11:40:05AM
Software by Pant -of -Rental Software YAM. pant-cf renta cor r
Official Signature Page
Rental: $1,425,00
Damage Waiver: $142.50
Sales: 5160.00
Delivery Charge: 570.00
Subtotal:
$1,797,50
Total: ' $1,797,50
Paid: 50.00
Amount Due: $1,797,50
Agreement to Terms
E -Signature Authorization
I agree that my electronic signature as represented here is legally binding. I herewith represent and attest that all contracts and documents
submitted using my electronic signature have been signed by me. 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 delegated it or shared it with any individual. 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:
Modification #1
Contract-Pararns. o (S)
02Do2o-0M?
https://rentalesign.com/esig/2344463/sign 13/14
Hello