The URL can be used to link to this page

Browse Search

Home My WebLink About20192458.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - AIRBOUND, C/O MICHELLE KENNEDY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Professional Services Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Fair Board, and Airbound, do Michelle Kennedy, commencing from the date of execution by the Board of County Commissioners, for the 2019 Weld County Fair, and ending July 28, 2019, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Professional Services Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Fair Board, and Airbound, do Michelle Kennedy, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WD COUNTY, CO ORADO ATTEST: 6.•� Weld County Clerk to tBoard Clerk to the Board APPROVED AS TO FORM: z7,2t5 ,4cst, County Attorney Date of signature: 1 j) Z.I i°1 arbara Kirkmey: r, Chair ike Freeman, Pro-Tem cott K. James Steve Moreno cc.: FAO -£r Km) 9-i3- i9 2019-2458 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Contracts for 2019 Weld County Fair DEPARTMENT: County Attorney Office and Weld County Fair Board DATE: June 17, 2019 PERSON REQUESTING: Karin McDougal and Jenn Eastwood Brief description of the problem/issue: Enclosed are 10 contracts for vendors at the Weld County Fair which will run from July 24 — July 28, 2019. The contracts are as follows: 1. Corvettes West Car Club 2. Longs Peak Antique Tractor and Engine Association 3. Mountain Shadows Carriages by Darin Henry 4. Northern Colorado Draft Horse Association 5. JC McDowell DBA Young Guns Entertainment 6. Weld County Meat Goat Breeds Association 7. Mini Tractor Pullers of America - new 8. 5 Flat Productions 9. The Weathered Oak - new 10. Airbound - new What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Approve contracts for placement on the June 26th Agenda or request a work session. Recommendation: Approve contracts for placement on the Agenda for June 26, 2019 without work session. The contracts are being reviewed by the County Attorney's Office and Jenn Eastwood will attend the June 26, 2019 meeting to answer any questions. Approve Recommendation Sean P. Conway Scott James Mike Freeman, Pro -Tern Barbara Kirkmeyer, Chair Steve Moreno Schedule Work Session Other/Comments: 2019-2458 - - /9 Weld County Board of Commissioners Airbound Professional Services Agreement 2019 Weld County Fair THIS AGREEMENT is made this oVolg day of 2019, by and between the Board of County Commissioners of Weld County, Colorado, 1150 Street, Greeley, Colorado 80632, hereinafter referred to as "County," on behalf of the Weld County Fair Board, and Airbound of 8234 CR 9, Fort Collins, CO 80525 / PO BOX 273008 Fort Collins, CO 80527, represented by Michelle Kennedy, hereinafter referred to as "Contractor." WITNESSETH, County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: SECTION I - SERVICES AND RESPONSIBILITIES OF CONTRACTOR 1. Contractor shall provide all necessary personnel, equipment, and materials to conduct the AirBound (hereinafter "Event") at the 2019 Weld County Fair on July 25 — 28, 2019 at the Island Grove Park in Greeley, Colorado. Hours of operation of the activities to be provided by Contractor on each day shall be from 8:00 a.m. to 5:00 p.m. Personnel, equipment, and materials to be provided by Contractor are as follows: a. 40'x40'x8' Laser Tag with Arena b. X -Cross Human Hamster Track including two (2) 10' Hamster Balls c. Staff to operate equipment for full length of the event each day d. Barrels for water to secure equipment in place of ground staking 1. All weather cancellation will fall under Airbound's cancellation policies. b) At event, Airbound staff is required to shut down operation of all rides or attractions in the case of inclement weather for the safety of guests until the weather passes or time is up. Inclement weather includes but it not limited to: Wind over 15mph, heavy rain, or if thunder is heard or lightening is within 10 miles. 2. Insurance Requirements. a. Commercial General Liability Insurance. Contractor shall furnish to County a certificate of insurance for commercial general liability upon notification of award and prior to June 3, 2019. The commercial general liability insurance policy shall, at a minimum, include coverage for property damage and bodily injury covering injuries to Contractor, Contractor's employees, participants, audience members, volunteers, or any other person in attendance at the Weld County Fair arising out of the Event's activities. The comprehensive general liability insurance shall be in the following minimum amounts: Each Occurrence General Aggregate $1,000,000 $1,000,000 Contractor's comprehensive general liability insurance policy or certificate of insurance shall be issued to include Weld County as an additional insured party and policy or certificate of insurance shall be endorsed to state that coverage shall not be suspended, voided, or cancelled without thirty (30) days prior written notice to the County by certified mail, return receipt requested. Contractor agrees that Contractor's comprehensive general liability insurance shall be the primary coverage for any and all losses or injuries resulting from Contractor's activities pursuant to this Agreement. 1 Work shall not commence under this Agreement until Contractor has submitted to the County and received approval thereof. b. All insurers of Contractor must be licensed or approved to do business in the State of Colorado. c. Contractor agrees to maintain automobile liability insurance as required by Colorado State statutes for all automobiles associated with performance of the Contractor's obligations under this Agreement. Where applicable, Contractor further agrees to maintain Workman's Compensation Insurance as required by Colorado State statutes. d. Any and all deductibles contained in any insurance policy referred to in this Agreement shall be assumed solely by, and at the sole risk, of Contractor. 3. At any time during the term of this Agreement, the County may require Contractor to provide proof of the insurance coverage or policies required herein. Upon failure of Contractor to furnish, deliver and/or maintain such insurance as provided herein, this Agreement, at the County's election, may be immediately declared suspended, discontinued, or terminated. Failure of Contractor to obtain and/or maintain any required insurance shall not relieve Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with any of the Contractor's indemnification obligations. SECTION II - RESPONSIBILITES OF COUNTY County shall provide the following to facilitate the Event: a. Three (3) 20 -amp breakers for electricity power b. Water to fill barrels for securing equipment in place of ground staking. c. 40'x40'x8' flat area for laser tag arena, shaded if available but not required d. 75'x20' flat area for Hamster X -Cross track, shaded if available but not required SECTION III — TERM The term of this Agreement shall commence upon the date of execution by both the Contractor and the County, and end after the completion of the Event and any associated clean up or post -Event activities. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. SECTION IV — PAYMENT AND FEE SCHEDULE 1. Contractor shall receive a total payment of thirteen thousand eight hundred dollars ($13,800.00) for putting on the Event pursuant to the terms of this Agreement. A deposit of 25% ($3,450) will be made to contractor as a deposit in advance to secure dates within fourteen (14) days of the date rental agreement is submitted. Remaining 75% ($10,350) shall be made to the contractor on the event day prior to start. CANCELLATION POLICY 2 a. Upon signing the contract, if the County cancels the event or if the event fails to happen for any reason, the 25% deposit will be applied to another rescheduled event, within 6 months of the event date of this agreement. Due to busy dates, events cannot be cancelled on holidays or re -scheduled on holiday or our busy season dates. b. Cancellation of event by the County for any reason PRIOR to arrival on the scheduled day of event will require PAYMENT IN FULL. This payment may be applied to a re -scheduled event within 6 months of the original event date. A cancellation fee of up to 25% may be assessed. c. If the event is cancelled or rescheduled within ten (10) calendar days prior to the event date, Contractor reserves the right to assess a 10% or up to $500 service re -scheduling charge based on the total amount of the contract in addition to the deposit or requiring payment in full (whichever applicable), regardless if event is rescheduled within the 6 -month time frame. d. If the event is cancelled on scheduled day AFTER the event start time (such as the case of inclement weather or unsafe conditions), payment in full is required. 3. Apart from the compensation listed in this section, County shall not be obligated to pay any further costs or expenses associated with Contractor or the Event. SECTION V - INDEPENDENT CONTRACTOR Pursuant to the Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended, Contractor acknowledges that it is an independent contractor and that Contractor and its employees and servants are not entitled to workers' compensation benefits from County. Contractor further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this Agreement. contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed rursuant to this Agreement. SECTION VI - INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Weld County Fair Board, its officers, agents, employees, and volunteers, and County, its officers, agents, employees, and volunteers, from and against any and all claims, suits, expenses, damages, or other injury to persons, entities, or property caused or sustained by any person(s) during the term of this Agreement resulting from Contractor's Event or failure to perform pursuant to the terms of this Agreement. Notwithstanding the expiration of this Agreement upon the expiration of the term specified in Section III of this Agreement, or termination of this Agreement pursuant to Section VII of this Agreement, this Section VI regarding indemnification shall survive the expiration or termination of this Agreement. SECTION VII - TERMINATION Time is of the essence in the Event of this Agreement. If Contractor is unable to provide the services required by this Agreement during the specified term of this Agreement, Contractor shall be deemed to have breached this Agreement and County may obtain said services of another and pursue an appropriate remedy for such breach pursuant to the laws of the State of Colorado. Either party may terminate this Agreement for cause. 'VI aggrieved party must first notify the other party of the outstanding issue and allow one day to cure or such anger period of time as is mutually agreed upon by the parties. In the Event such issue is not cured within the cure period, the aggrieved party may terminate the Agreement and pursue any remedy recognized by Colorado law. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. 3 SECTION VIII - MUTUAL UNDERSTANDINGS 1. Integration of Understanding. This Agreement and Exhibit A contain the entire understanding of the parties hereto and neither it, no the rights and obligations hereunder, may be charged, modified, or waived except by an instrument in writing that is signed by the parties hereto. Exhibit A is the Airbound Rental Agreement and is attached hereto and incorporated in by reference. 2. Priority of Interpretation: The provisions of this Agreement shall govern the relationship between County and Contractor. Should a conflict in any provisions of this Agreement and Exhibit A be identified, the terms of this Agreement shall take precedence over conflicting terms in Exhibit A. 3. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or to give to, any person other than the parties to this Agreement, any right, remedy, or claim under or by reason of this Agreement of any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this Agreement, by and on behalf of the County and Contractor, shall be for the sole and exclusive benefit of the County and Contractor. 4. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. 5. Authorization. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations herein described. . Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 7. Choice of Law and Venue. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. Venue for any legal dispute associated with this Agreement shall be in Weld County, Colorado. Should the courts in Weld County not have jurisdiction over the legal dispute, the venue shall be the nearest court in Colorado having jurisdiction. 8. Non -Assignment. The rights and responsibilities of either party pursuant to this Agreement are not assignable without prior written permission from the other party. 9. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 10. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, 1. Hiring practices. Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to 4 perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E - Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. In Witness Whereof, the parties hereto execute this contract on the day first above written. ATTEST: CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS t5 /1/4J6Y- Barbara Kirkmeyer, Chair Michelle Kennedy Airbound Date: JUN 2 6 2019 Date:V5 • l iP ' /C/ 5 RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN AIRBOUND ATTEST: dd �d6o°v Weld County` ierk to the Board BY: Deputy C1" to the Boa APPROVED AS TO FUNDI Controller APPROVED AS TO FORM: C Attorney Count BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO arbara Kirkmeyey, Chair / juN 2 6 2019 APPROVED AS TO SUBSTANCE: Elected Officithr Department Head 6 ,2o/ v.- a sisF(1) 4/26/2019 https://teamcep.com/dj_event_planner/print.asp?type=HTML&action=print_html_document AIRBOUND A Division Of EXTREME EVENT PRODUCTIONS, INC Phone: (970) 613-4343 Fax: (970) 613-1856 P.O. Box 273008 - Fort Collins, CO 80527-3008 AIRBOUND EVENT SERVICES CONTRACT Invoice ID # 241636 I Salesperson: Michelle Kennedy I Contract Date: 4/26/2019 DAY OF EVENT AFTER HOURS EMERGENCY LINE: (719) 299-1716 CLIENT INFO: Name: Jennifer Eastwood Organization: Weld County Fair Phone: 970-400-2069 Email: jastwood@weldgov.com Address: 525 N. 15th Avenue EVENT INFO: Event Date: Event Times: Event Location: Event Address: Greeley, 80631 Thursday, July 25, 2019 8:00 AM - 5:00 PM Island Grove Event Center - Greeley 525 W 15th Avenue Greeley, CO 80631 Event Name: Weld County Fair 2019 Primary Event Contact: Primary Contact Phone: Primary Contact Email: PACKAGE SUMMARY: Laser Tag/ Arena Hamster Balls (2) / X -Cross Track **Airbound Staff Included ** **Power Provided By Client** Discount (-): Multiple Day Use $1,000.00 Payment Terms: 25% deposit, final balance due event day (prior to start) Package Total: $13,800.00 Paid: $0.00 Balance: $13,800.00 EVENT DETAIL & CONTRACT NOTES: Event Date: Thursday, July 25 - Sunday, July 28, 2019 Event Times: 8:00 am - 5:00 pm each day (9 operational hours per 4 days). Airbound will use stakes in the ground to secure the equipment as needed. Please mark any areas we need to be aware of. If stakes are not allowed, we will need to use water barrels. Access to water would be required. IMPORTANT Please Note: Inflatables are unable to operate or be inflated and will need to be shut down in winds over 15 MPH. Our staff is required to close any inflatables and will resume operation as soon as it is under safe conditions for your patrons and event. Location matters — Please also be sure to have an area without constant winds or as low/protected as possible. PLEASE READ CAREFULLY. This agreement is entered on the date specified on page 1, by and between the "CLIENT" or organization listed above and Extreme Event Productions, Inc dba AIRBOUND., hereinafter known as "Airbound" or the "Contractor", once digitally signed. This agreement cannot be altered or changed unless agreed to in writing by the said parties, Contractor and client. 1. SERVICES TO BE PROVIDED BY CONTRACTOR a) Contractor agrees to provide the Items and services, on the dates and times that are stated on page 1 of this agreement. b) Contractor agrees to provide all equipment and staff necessary to carry out the terms of the agreement unless otherwise noted and shall retain the right to determine if weather conditions permit the safe operation of the attraction(s) stated on page 1. Airbound does not allow its equipment to run unattended. If volunteers are agreed to in this contract, they must be present the entire event for the equipment to operate. c) Contractor agrees to comply with all ordinances, rules and regulations of the Client and all statutes of State of Colorado and other applicable laws d.) Contractor agrees to provide equipment in good condition and if equipment needs servicing or repair during term of contract due to faulty equipment, Contractor will repair or credit Client if unable to use equipment during term of contract. e.) Contractor agrees to provide services for https://teamcep.com/dj_event_planner/print.asp?type=HTML&action=print_html_document 1/3 4/26/2019 https://teamcep.com/dj_event_planner/print.asp?type=HTML&action=print_html_document the amount of time specified in this contract. All equipment will be delivered and operational by this time. Additional time, specific set-up requirements or specific/early delivery requirements prior to this contracted time may result in additional costs to the client. 2. SERVICES TO BE PROVIDED BY CLIENT a) Client agrees to provide a venue for the Event, any and all necessary permits, licenses and fees to lawfully conduct the event, including all required equipment for the operation of the Event and the necessary accommodations for Contractor (as or unless stated in the contract notes). This may also include, but not limited to: Union dues/fees, Additional Engineering Requirements, State Permits, Power Permits, Parking Permits, Additional or Requested On -Site Inspections or any additional fees required for our operation by venue or client requests. This may also result in additional fees assessed by the contractor for time and materials to meet these requirements. b) The client will be responsible for any and all fines assessed to the contractor or the client for lack of knowledge, details or direction given to the contractor. c) Client shall provide direct access (unless otherwise stated) to a flat surface area (preferably grass for the inflatables) for items stated on page 1 of this agreement. "Direct Access" is the ability to drive and drop the equipment directly into the place required for performance. If direct access is not permitted, arrangements must be made with your Airbound representative a minimum of two (2) weeks in advance. Additional charges may apply for time and labor to move the pieces by other methods if direct access is not available. The client will be responsible to protect, mark or clear the surface or area in which the contractor will perform. d) Client is to provide adequate lighting for set up times, during the event and full tear down time of the event. e) Client is to provide layout or placement for equipment within one week prior to the event. Once equipment is set into place, an additional charge at the rate of 10% per piece required to be moved will be assessed to the final balance for moving equipment for any reason at the event site. 3. COMPENSATION OF CONTRACTOR a) Performance fee agreed upon listed above b) A deposit of up to 50% (or as listed above in payment terms) is required to reserve the above -mentioned pieces and must be received with a signed copy of this contract, no later than 14 days after the contract date. Upon signing this contract, you agree to pay deposit if event is cancelled and does not meet the acceptable cancellation terms stated below. If no deposit is required, a 25% cancellation fee will be assessed. Cancellation of engagement by the client will result in forfeiture of the required deposit amount. Unless otherwise noted, all remaining or final balances are due ON ARRIVAL the day of your event. ANY BALANCES OUTSTANDING WILL BE CHARGED A LATE FEE OF 10% OF THE TOTAL CONTRACTED PRICE PER DAY, MAXIMUM OF $50 PER DAY. The contracted fees for services provided by Airbound are a discounted cash, check or money order price. The balance of the rental fee (excluding any previous payments) must be paid in full on the first day of the event prior to the event start, unless otherwise specified in "payment terms" above. Payments are made payable to "AIRBOUND", unless otherwise agreed to in writing prior to event. All payments mailed to Airbound must be received by the first day/ start of the event. The contracted fee of $13,800.00 for services provided are a discounted cash, check or money order price. Credit card payments may be accepted for a small administrative fee of up to 3% that may be applied to each transaction. Visits or consultations in our office are included at no additional charge. On -site visits or an event -site walk through requested for pre -event details may not be included in this package. A charge of up to $30/ per hour to include travel may be applied to the final balance (arranged in advance) for on -site visits. 4. CANCELLATION a) Upon signing the contract, if the Client cancels the event or if the event fails to happen for any reason, the 50% deposit will be applied to another rescheduled event, within 6 months of the event date of this agreement. Due to busy dates, events cannot be cancelled on holidays or re -scheduled on holiday or our busy season dates, b) Cancellation of event by the Client for any reason PRIOR to our arrival on the scheduled day of event will require PAYMENT IN FULL. This payment may be applied to a re -scheduled event within 6 months of the original event date. A cancellation fee of up to 25% may be assessed. c) If the event is cancelled or rescheduled within ten (10) calendar days prior to the event date, Airbound reserves the right to assess a 10% or up to $500 service re- scheduling charge based on the total amount of the contract in addition to the deposit or requiring payment in full (whichever applicable), regardless if event is rescheduled within the 6 month time frame. d) If the event is cancelled on scheduled day AFTER the event start time (such as the case of inclement weather or unsafe conditions), payment in full is required. e) Due to travel logistics, any out-of-state (Colorado excluded) events may not cancel or reschedule within ten (10) calendar days of the event date and will require payment in full (if unable to move indoors or other arrangements cannot be made). 5. WEATHER a) All weather cancellation will fall under Airbounds cancellation policies. b) At your event, Airbound staff is required to shut down operation of all rides or attractions in the case of inclement weather for the safety of your guests until the weather passes or time is up. Inclement weather includes but it not limited to: Wind over 15mph, heavy rain, if we can hear thunder it means lightening is within 10 miles of the event or if there is lightening within a 10 mile distance (whichever comes first). 6. PARTICIPANTS a) Contractor may require a written release of liability from each participant. If participant is under 18 years of age, then participant's parent or guardian must sign the waiver. NOTE: This is not required in most cases. b) Client agrees to abide by and enforce any decision by the Contractor in denying participation to individuals that https://teamcep.com/dj_event_planner/print.asp?type=HTML&action=print html_document 2/3 4/26/2019 https://teamcep.com/dj_event_planner/print.asp?type=HTML&action=print_html_document Contractor deems unsuitable to participate in the attraction(s) listed on page 1. c) Contractor will not tolerate any physical or verbal abuse towards staff and/or equipment. d) Client agrees that all participants recognize these are high -activity sports that require a certain level of patron interaction. The results of high activity sports are that there are certain inherent risks in participating in these activities. Certain injuries can and may occur in participation of these activities. All participants must understand and acknowledge these risks and requirements and that they are participating at their own risk. 7. MISCELLANEOUS a) To the extent permitted by law, Client agrees to indemnify and hold Airbound, its employees, agents, directors, and representatives, harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney's fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of said equipment including, but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Client hereby releases and holds harmless Airbound, employees, agents, directors, and representatives, from injuries or damages incurred as a result of the use of said equipment unless Airbound, employees, agents, directors, and representatives, are operating the equipment and is deemed by a court of law to be held negligent in its actions. Airbound, employees, agents, directors, and representatives, cannot under any circumstances be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. To the extent permitted by law, Client also agrees to indemnify and hold harmless Airbound, its employees, agents, directors, and representatives, from any loss, damage, theft, or destruction of the equipment during the term of this contract and any extension thereof. To the extent permitted by law, Client agrees to indemnify and hold Airbound, its employees, agents, directors, and representatives harmless from any all claims arising out of Client's events except claims arising directly as a result of allegedly defective equipment supplied by Airbound. Airbound agrees to indemnify and hold Client harmless from any claim asserting that Airbound equipment was defective and the defective equipment caused an injury. If the client wishes to be listed as additionally insured on the Contractors insurance policy, a fee of up to $500 may be applied. b) Contractor understands that it is an independent contractor not covered by the Client's Workman's Compensation Insurance. Contractor shall indemnify, save and hold harmless and defend the Client and all its officers, agents and employees for, from and against any all claims, causes of actions, and injury or loss to any person(s), including those to whom the Contractor may be liable under any claims or suits, including for wages, merchandise, caused by, arising out of, or in any way connected with Contractor's exercise of this Agreement. c) Contractor agrees to furnish (if needed) a Certificate of Insurance evidencing the following insurance coverage: 1.) Commercial General Liability Insurance with limits of at least $1,000,000 per occurrence combined single limit for bodily injury and property damage. d) Each party represents and warrants that each has the power and ability to enter into this Agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. e) Contractor reserves the right to accept or decline overtime hours based upon availability and scheduling and does not guarantee the availability of overtime purchased the day of the event. f) Each party acknowledges that this agreement cannot be assigned or transferred without the written consent of both parties. The Contractor shall have the discretion to utilize a designated affiliate to perform the services as stated herein. This contract and all associated services are not valid until contract is digitally signed and submitted no later than .14 days upon receipt. https://teamcep.com/dj_event_planner/print.asp?type=HTML&action=print_html_document 3/3 ® � D ACERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/14/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Colorado Insurance Advisors LLC 323 West Drake Road #104 Fort Collins CO 80526 CONTACT FC Rep - CL NAME: (PHONEAJC No, Ext): (970) 204-0044 IAX FNo): (970) 282-8848 E-MAIL bizservice@ciadvs.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Admiral Insurance Company INSURED Extreme Event Productions, Inc., DBA: Airbound Sounds of the Rockies, LLC PO Box 273008 Fort Collins CO 80527 INSURER B : Owners Insurance Company 32700 INSURER C : Pinnacol Assurance INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2018-19-20 (Rev 1) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y CA000023375-04 01/30/2019 01/30/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 50,000 $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2'000'000 GEN'LAGGREGATE P POLICY OTHER. LIMITAPPLIES PRO- JECT PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED N/ /� _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY 5057471400 12/12/2018 12/12/2019 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Hired/Non-Owned PD $ 200,000 UMBRELLA LIAB EXCESS LIAB - OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N .� 1 N/A 4161988 02/01/2019 02/01/2020 XI SPER TATUTE I I EOTH E.L. EACH ACCIDENT 500,000 $ E.L. DISEASE- EA EMPLOYEE $ 500'000 E.L. DISEASE - POLICY LIMIT 500,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is listed as an Additional Insured with respect to their interest in the ongoing operations of the named insured under the General Liability, as required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County Fair 525 N 15th Ave Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello