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Home My WebLink About20192453.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - JC MCDOWELL, DBA YOUNG GUNS ENTERTAINMENT CORP 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 JC McDowell, dba Young Guns Entertainment Corp, 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 JC McDowell, dba Young Guns Entertainment Corp, 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 WELD COUNTY, COLLRADO ATTEST 4 %4, Weld County Clerk to the Board APPROVED AS TO FORM: .4c$'t County Attorney Date of signature: lr%/L�/ ' arbara KirkmeyerChair Mike Freeman, Pro -Tern EXCUSED earl P. Conway // tt K. James Steve Moreno cot £(C3'E.IISM) 9- /t6- / 2019-2453 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 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: 2019-2453 - - /9 Weld County Board of Commissioners JC McDowell DBA Young Guns Entertainment. Professional Services Agreement 2019 Weld County Fair THIS AGREEMENT is made this ( day of C H , 2019, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to as "County," on behalf of the Weld County Fair Board, and JC McDowell DBA Young Guns Entertainment. of 610 N. Pt Street, Suite 5-228, Hamilton, MT 59840, represented by JC McDowell, 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 Young Guns Wild West Fun Park (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 not exceed eight hours during daylight hours and 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. Provide three (3) Audience Participation Shows per day with prizes; b. Conduct Fast Draw contests during event; c. Activities and attractions for the Event to occupy 1600 sq. ft. of play area; d. Supervision of the Event by at least one Young Guns Entertainment employee at all times; e. Marketing materials including photographs prior to the Event; f. Free hand stamps and free "Wanted Posters" (1 per family); and g. Staff will maintain appropriate western themed apparel during operational hours. 2. Contractor retains the right to sell merchandise at the Event and to retain all proceeds. Contractor shall not charge any member of the public for participating in the activities provided by Contractor and the only compensation Contractor shall receive from County is detailed in Section IV of this Agreement. 3. 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 1 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. 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. 4. 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. Advertise Young Guns Wild West Fun Park with a description of the Event and the specific times and dates; b. Provide 50' X 50' area for the Event, staking, and storage trailer behind the Event. Area must provide for 10' height clearance and 9' entrance opening for tents and trailers associated with the Event; c. Provide 2 laborers for two hours during setup and breakdown of Event; d. Provide access to one electrical outlet with at least 20 -amp service; e. Provide 43 hay bales and labor to place bales as directed, straw bales are an acceptable substitute; f. Provide one double queen hotel accommodations for the duration of the event plus one day before and one day after the fair. SECTION III - TERM 2 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 Dth 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 seven thousand dollars ($7,000.00) for putting on the Event pursuant to the terms of this Agreement. Payment shall be made upon satisfactory completion of the last day of the Event on July 28, 2019, and any associated clean up or post -Event activities. In the event Contractor does not perform the Event as specified in this Agreement for the full four days, July 25 — 28, 2019, Contractor shall be paid $1,350.00 for each full day plus $400.00 per day for Fast Draw contests upon which the Event was performed pursuant to the terms of this Agreement. Contractor shall not be paid for partial days. 2. County may cancel this Agreement by giving at least 120 days advance written notice to Contractor prior to July 28, 2019. Contractor may cancel this Agreement by giving at least 120 days advance written notice to County prior to July 28, 2019. 3. County, at its sole expense and choosing, shall provide Contractor with non-smoking lodging equipped with double queen beds. County shall make a good faith effort to provide lodging located on the ground floor. Check in shall be on July 23rd and check out shall be on July 29r" pursuant to standard check in and check out procedures for the chosen establishment. County shall be responsible only for the costs of lodging. Contractor shall be responsible for all incidental costs of lodging, any damage to the lodging, and any other costs associated with the lodging. 4. 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. 5. Financial obligations are contingent upon funds being acquired and budgeted or otherwise made available. 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. flontractor shall be solely responsible for its acts and those of its agents and employees for all acts performed ursuant to this Agreement. 3 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. An aggrieved party must first notify the other party of the outstanding issue and allow one day to cure or such longer period of time as is mutually agreed upon by the parties. In the Event such issue is not cured within the ire period, the aggrieved party may terminate the Agreement and pursue any remedy recognized by Colorado w. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. SECTION VIII - MUTUAL UNDERSTANDINGS 1. Integration of Understanding. This Agreement contains the entire understanding of the parties hereto and neither it, no the rights and obligations hereunder, may be charged, modified, or waived except by an instrument in writing that is signed by the parties hereto. 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. 4 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, 11. 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 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 5 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. <,TTEST: CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR seeNe,�-rte Barbara Kirktneyer, Chair Date: JC McDowell DBA Young Guns Entertainment YUN 2 f 2 019 Date: 6 RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN YOUNG GUNS ENTERTAINMENT CORP. ATTEST: diritvt) .4d1.0;e1 Weld County Clerk to the Board BY: Deputy Cle ' to e Bo APPROVED AS TO FUNDIN Controller APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara Kirkmeyer, hair ' ! t G 2 019 APPROVED AS TO SUBSTANCE: Elec ed Off .1 or Depart ent Head 7 O/9 4/5. 6) CONTRACT FOR t\ftN T EN T ERTAINMEN between YOUNG GUNS WILD WEST FUN PARK and 1 r_ f) LNG GUNS EiN T ER TAINIV1ENT CORP. b v N 1st ST Suite 5-228 Hamilton, Mt 59840 cell: 520-665-1855 or jc@younggunsentertainment.com EMAIL: (herein referred to as Young Guns Entertainment) (herein referred to as EVENT) FAIR CONTACT: ‘_VAci) FAIR DATES: LSO u t 1 26, - h /7 L In consideration of the proises and conditions contained herein, Young G. ns Entertainment and the Event agree as follows: WILD WEST FUN PARK et DAYS PRICE c l < SANDBOX REQUIRED?? ** ONE YARD OF CLEAN FINE SAND IS REQUIRED RODEO ROUNDUP WILD WEST LASER FAST DRAW DAYS PRICE DAYS 1 / 4 PRICE lam(""1-..2 Specific requirements and conditions are detailed in the specification and rider sheet and are made part of this agreement. CANCELLATION POLICY: We book our route up to 8 months in advance. If you cancel, we cannot fill your dates. In such cases that the EVENT cancels this agreement, giving at least 120 days advance written notice prior to the commencement of the agreement, then the EVENT shall reimburse Young Guns Entertainment 60% of the total agreed contract as a cancellation fee. Should the EVENT cancel this agreement less than 120 days notice, then the EVENT shall be held liable for the entire amount of the agreement. PAYMENT INFORMATION: A Daily Fee of , ° = - �.�_ o_ ars per day for DAYS for a total contract amount of � S ``rO 000 to be paid to JC & Hilary McDowell by the EVENT on the last day of the contracted agreement. Young Guns Entertainment and the EVENT hereby agree to terms and conditions of this agreement including any addendum as mutually specified in this contract. Young Guns Entertainment Authorized Signature i ACDOWELL, owner Printed Names EVENT: t9AAL4 Date Authorized Signature Date Title Printed Names Title YOUNG GUNS ENTERTAINMENT Specifications and contract Rivers Contact Information: Best Contact Method: YOUNG GUNS ENTERTAINMENT dha JC McDowell email: jc@jcmcdowell.com 610 N 1st ST STE 5-228 *Please email, call, or TEXT us directly. Hamilton, MT 59840 We travel extensively and do not receive 520-665-1855 cell or TEXT US! postal mail in a timely manner. Set Up Requirements for: YOUNG GUNS WILD WEST FUN PARK 1. The NEW SETUP is integrated into the 30' gooseneck trailer. It helps anchor the attraction from weather. We require room to back the trailer into position safely and move the truck. 2. Approximately an outdoor area of 50'x50' is needed which includes the attraction plus room for staking, and the storage trailer to secure the props every night. 3. The Attraction can be operational for 8 hours daily. 4. Indoor or Outdoor spaces are acceptable. Special arrangements need to be made PRIOR TO OUR ARRIVAL for outdoor setup on concrete or asphalt. We will require FOUR 50 gallon water barrels and labor/water to fill the barrels. 5. ONE- 15 amp electrical outlet 6. One double queen, non-smoking, ground floor preferred, hotel room for the duration of the event plus one night before to allow for the extensive time required to setup and breakdown. 6. Young Guns Entertainment will provide FREE hand stamps, and FREE "Wanted Posters" (1 per family) 7. Young Guns Entertainment is responsible for staffing decisions 8. Young Guns Entertainment will be responsible for liability insurance of at least $1,000,000 or greater 9. Young Guns Entertainment is not responsible for unattended children in the Fun Park AY RATE: $1.425-370 l3 5° Set Up Requirements for: RODEO ROUNDUP 1. Event to provide seating in the form of benches, bleachers, or chairs 2. ONE- 15 Amp electrical outlet 3. UP TO an area of 50'x50' can be accommodated. The attraction is adaptable and can fit rectangular, circular, square, shapes. 4. Indoor or Outdoor spaces are acceptable. Special arrangements need to be made PRIOR TO OUR ARRIVAL for outdoor setup on concrete or asphalt. We will require FOUR 50 gallon water barrels and labor/water to fill the barrels. 5. Similar Lodging is required only if the Rodeo Roundup is NOT booked in conjunction with the Wild West Fun Park. 6. Young Guns Entertainment will provide up to 3 audience participation shows daily. 7. Young Guns Entertainment will provide free prize ribbons to all contestants 8. Young Guns Entertainment is responsible for staffing decisions 9. Young Guns Entertainment will be responsible for liability insurance of at least $1,000,000 or greater 10. Young Guns Entertainment is not responsible for children who participate with parental (and/or guardian of an age over 18 years) consents in the audience participation show in the event of an accident DAY RATE: $950.00 stand alone. $5.75.00 as an ADD-ON to the Wild Vdest Fun Park. Set Up Requirements for: WILD WEST FAST DRAW 1. Young Guns Entertainment will provide up to 3 hours of entertainment- multiple shows or continuous operation. 2. ONE- 15 Amp electrical outlet is required. 3. Indoor or Outdoor areas are acceptable. A minimum of approximately 12'x12' is required. 4. The equipment will need to be stored in a secure area or moved by truck back to the trailer every evening. Young Guns Entertainment will award 3 prizes for every show. Young Guns Entertainment will be responsible for liability insurance of at least $1,000,0000 or greater. 7. Young Guns Entertainment has the right to refuse any guest and is not responsible in the event of an accident. DAY RATE: $950.00 stand alone. $65:08 as an ADD-ON to the Wild West Fun Park. ACORE►® ■�■ CERTIFICATE OF LIABILITY INSURANCE f`..----- MARKEL' DATE (MM/DD/YYY t) 6/24/2019 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 policy, 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 Specialty Insurance Agency Performers of the U.S. P.O. Box 24 New Richmond, WI 54017 CONTACT NAME: Stephanie Weiss PHONE FAX (NC. No. Eat): 715 246 8908 (NC, No): 715-246-4257 ADDRESS: certs@specialtyinsuranceagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Evanston Insurance Company 35378 INSURED Jerald Christopher McDowell dba Young Guns Entertainment 612 North 1st Street, Ste 2-228 Hamilton, MT 59840 INSURER B : INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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. NOTWITHSTANDING 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. TR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 2CN0165-5984 06/25/2019 06/24/2020 EACH OCCURRENCE $ 1,000,000 PREMISESO(Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAR O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A BUSINESS PERSONAL PROPERTY - INLAND MARINE AGGREGATE $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Jerald Christopher McDowell dba Young Guns Entertainment Additional Insured: Weld County Fair, Weld County Fair board and its employees Email: ngrogreve@weldgov.com Attn: Nancy Gogreve Event Date: July 24-29, 2019 CERTIFICATE HOLDER CANCELLATION Weld County Fair 525 North 15th Avenue 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 11� COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 2CN0165-5984 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM Please refer to each coverage form to determine which terms are defined. Words shown in quotations on this endorse- ment may or may not be defined in all coverage forms. SCHEDULE Person or Entity: Any person or organization to whom you are obligated by valid written contract to provide such coverage. Additional Premium: $ (Check box if fully earned.®) Included WHO IS AN INSURED is amended to include the person or entity shown in the Schedule above as an Additional Insured under this insurance, but only as respects negligent acts or omissions of the Named Insured and only as respects any coverage not otherwise excluded in the policy. Our agreement to accept an Additional Insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense shall be afforded to the Additional In- sured. No coverage shall be afforded to the Additional Insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage. All other terms and conditions remain unchanged. MEGL 0009-01 04 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. iii COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 2CN0165-5984 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $ 0 Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees to waive rights of recovery in a written contract. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above as respects written contracts that exist between you and such person or entity, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain unchanged. MEGL 0241-01 04 11 Includes copyrighted material of Insurance Services Office, Inc. with its Page 1 of 1 permission. POLICY NUMBER: 2CN0165-5984 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Hello