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Home My WebLink About20171938.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PREHISTORIC ADVENTURE 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 Prehistoric Adventure, commencing from the date of execution by the Board of County Commissioners, for the 2017 Weld County Fair, and ending July 31, 2017, 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 Prehistoric Adventure, 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 28th day of June, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d. Ao, Weld County Clerk to the Board BY; APPR arbara Kirkmeyer my Attorney Date of signature: —( ! (9/ (1 Julie. Cozad, Chair Sean P. Conway Freeman Steve Moreno, Pro-Tem t CJK(KSm) cry / i '7 2017-1938 EX0029 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Contracts for 2017 Weld County Fair DEPARTMENT: County Attorney Office and Weld County Fair Board DATE: June 16, 2017 PERSON REQUESTING: Karin McDougal and Janet Konkel Brief description of the problem/issue: Enclosed are 12 contracts for vendors at the Weld County Fair which will run from July 26 -June 30, 2017. Only two of the vendors are new, the rest have previously provided services at the fair. The contracts are as follows: 1. Mountain Shadows Carriages by Darin Henry s 2. Weld County Meat Goat Breeds Association 3. Prehistoric Adventures - New 4. Inflatable Fun Zone - New 5. Corvettes West Car Club 6. Miniature Horse Association 7. Ranch Sorting National Championship 8. 5 Flat Productions 9. Northern Colorado Draft Horse Association 10. Young Guns Entertainment Corp 11. Colorado Garden Tractor Pullers Association 12. Longs Peak Antique Tractor and Engine Association What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Approve contracts for placement on the June 28th Agenda or request a work session. Recommendation: Approve contracts for placement on the Agenda for June 28, 2017 without work session. The contracts are being reviewed by the County Attorney's Office and Janet Konkel will attend the June 28, 2017 meeting to answer any questions. Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Schedule Work Session Other/Comments: 00/ 7-/f9/I_ 020/ 7- /94L/ Weld County Board Of Commissioners Prehistoric Adventure Professional Services Agreement 2017 Weld County Fair TIES AGREEMENT is made this day of m 2017, by and between the Board of Comity Commissioners of Weld County, Colorado, 1150 O Streets Greeley, Colorado 80632, hereinafter referred to as "County," on behalf of the Weld County Fair Board, and Prehistoric Adventures, PQ Box 2230,. Folsom, CA 95763, represented by Alex Sebastiani, hereinafter referred to as `Contractor."' WITNESSETFI County and Contractor, for the mutual promises and. consideration hereinafter set forth, agree as follows: SECTION I — SERVICES AND RESPONSIBILITIES ?F CONTRACTOR 1. Contractor shall provide all necessary personnel, equipment, and materials to conduct the Prehistoric Adventure (hereinafter "Event") at the 2017 Weld County Fair on July 29 and 30, 2017 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 six hours during daylight hours and shall be from 10:00 a.m. to 4:00 p.m. Personnel, equipment, and materials to be provided by Contractor areas follows a. ?hi:ee (3) 30 minute sets during the coarse of the day Insurance-Rc:quire.ricnts, a, C`,ornn c,tro. l General I.,iabili.ty lnstll:•ancC. Contracto • shall furnish Lo County a certificate catc of` iIISt11 `I1C C r coliiuurC:; gcucral liabii'.t\• upon, notiJir-ation of herald s.r..d prior to 4"\ei i lt1;c commercial pT licrFi'i liability insurance policy shall, at tI I1111,111i uni, 'n i d& cove.I<..fT','. for ,,)1u p "f., danid also bodily injury co eriiig, injuries i0 dxll lc ftot, t C t aetoi`' s l�llfl,�' 'r It tit, 1,1311 fr '. lC c t�.Gt. O1 er�l\' 7 1': lJ in Rii lEl.kiii,t. .i. the lzri,id; County y Pair 11S1F.rr Lr(11.11C< 111(%- 11 tS 1 Ira i , j of ",:1 1 ven�t��i QIc. 3.3.'13 . ('Linpvc;€:e �yi..11:1N1 liability r'1`i11:,.._...F'. Xla'i7'til`lllilTl ctinoutlts: Each. Occurrence $ I,000,000 General Aggregate $ 1,000,000 Contractor's comprehensive general liability insurance policy or certificate of insurance shall be issued to include Weld County as aIt 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 0) 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 Workninn's Compensation Insurance as required by Colorado State statutes. 1 2017-1938 6) 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 re equire ContContractor tfuo ho r deliver eproof or f the insurance coverage or policies required herein. Upon failure 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. --RESPONSIBILITES OF COVNT County shall provide the following to facilitate the Event Advertise Prehistoric Adventure . Provide adequate space for trailer and vehicle that houses equipment; c: Provide a full book up RV space for Friday, July 281h through Sunday, July 30 at no charge; d. Provide access to one "electrical outlet with at least 20 amp service for trailer if, needed; LION fli 4,TERlbi m of this, Agrecnient shall commence noon the date of execution by both the Contractor and the txl'atter the completion or the Event and any associrtted clean up or past -Event activities. J� t ztsioo or, 'IViedii;tcati'en, Aiiy autcxiidnienls of modifleations .t;i..tiil:,.agteeirtel3t sltallbe in writiog sigma by t4cS.:l i) a idioc»vit ,er,iices or wort. p 'traCtor sit ill tip the b .iis for miiii+renal compriti iCinr tint Otis ii ('(tors %tor.11iis..oF wined written at tli tr a:%Jfl mid .7G [}o)51' CIL�C.itenm L7 y t oust r foi I1� I idc�111ut.iki :�U] S JL C:i. 1vu'N`l' AND kJ. Contractor shall receive a total payrncrit oftwo thousand dollars five hundred fifty ($2,550:00) for putting on the "Event.pursuant to the terms of this Agreement. A deposit of $1,275.00 shall be made to That's Entertainment International by July 1, 2017: Final payment of $1,275.0 shall be made to Alex Sebastian upon satisfactory completi©n of the last day of the Event on July 30, 2617. 2. County may cancel this Agreement giving at least 120 days advance written notice to Contractor prior to ... July 30, 2017. Contractor may cancel this Agreement by givens at least 120 days advance Written notice to County prior to July 30, 2017. e event Contractor does not bring RV County, at its sole expense and cho©sing, shall provide tractor with County, at its' sole expense and choosing, shall , provide :Contractor with non-smoking grng'equipped with. double queen beds, Check in shall be on July 2$n' and cheek out shall be on July 301h . urshaztt, to standard check in and checkout procedures for the chosen establishment. County shall be sponsible only for the costs of lodging, Contractor shall be responsible !or all incidental costs of lodging, ny damage' to the lodging, and any other costsrasso iated with the lodging. 2 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. CTI©N 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 Contractorand 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 pursuant to this Agreement. IFICATION Contractor. agrees to mdeinni fy 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, e penses, damages, or. othci °injury to persons, entities, err property caused or sustained by any person(s)" :during the.: terns..caf this Agr'eeniezit resulting horn'" Contractor's' Event or-fa'iIurc to petfoiiii ursuant to the terins Of this Agreement: None ithstaritlirtg #lie expiration of this Agreement upon theexpiration of the term spy gifted in., cct:ion I.11 this Ai rne,nt, or,turmination or this Agreement. purSri,ant to Section VU of this gyet;12ient'., this Sei`.uoil. \'l ru din4.± indemoilic<icxpimtion or termination of this Aii 6cmvnt. (ire is of the essence in the went of ibis Agreement. 11 Contractor is unable to provide the services required by this.: Agreement during the specified term of this. Agreement, Contractor shall be deemed to have breachedthisAgreement 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 cure period, the aggrieved party may terminate the Agreement and pursue any remedy recognized by Colorado aw; County has the right to, terminate this Agreement, with or without cause on thirty (30) days written notice. SECTION VIII -=.MUTUAL UNDERSTANDINGS Integration of Understanding This Agreement" contains the entire understanding of the parties hereto and neither:,it,,,z10 the rights and obligations "hereunder; may be charged, modified, or waived except by an instrument in writing that is signed by the parties hereto 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 this Agreement shall:take precedence over, conflicting terms in txhibit 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 thanthe 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 Agreeme',"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. S. Authorization. Each party representsand warrants that it has, the power and ability to enter" into this Agreemsieiit,,to grant the'rights granted . herein and, to perform the duties and obligations herein described., Compliance 'with Law: Contractor shalt strictly comply. with -all applicable federal and State lads, rules and regulations<hi 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 cmilli in Colorado having jurisdiction Assitriment. The rights and responsibilities of either party pursuant to .this Agreement a,x, not. ntibit: without prior 'niter pturnission from flu= dil i party, �._t_;i,fei`aal imt', „inity. Its "te=rm. ,ai c"u i.dit=:yin of tit.is cr)Pt:" ;(,t „hai,i. l.tc::. cons ;itue;tl or tmerpr c},prt'S O: fiTlt%he<,, or "(1t!"'r c7i,Yl:(1ii iVun1i[C'•5, 1481115 lif.,1)Cf)(S. pro`e- tl(?!"t$ 0 other royiSi ,1Ow tilli)}`li rat minim ity Aet §§2,`!"'I Ci-: 0 !'t seq., a', iippli'.:`c ihlc, !-J.l'.V Or �3J-((er <iiJt•"ml "4!. 10.Interruptions, Neither party to this Agreement shallbe liable to the other for delays in delivery or failure to deliver or otherwise tci; 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 on illegal alien who will, perform work under this cvntrart. " Suecessfiil bidder will con flan 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 tails to certify with Successful bidderthat 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 pie=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 contractfor services knowingly employs or contracts with air illegal alien -Successful bidder shall 'notify 'the subcontractor and County within three (3) days that Suu.essful bidder lidS at tuul knowledge that 24 subcantrtictor 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 tree G) days of ;receiving notice. Successful bidder shall not terminate thecontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contacted 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-I7.5- 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.RS. § 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. § 24-75.5-103.(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, 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 identificationrequired by C.R.S. § 24-76.5-103 prior to the effective date of the contract, in Witness Whereof, the parties hereto c1ceute this contra .t. or CHAIRMAN OF 1'1Al~ Julie Cozad Chair Date; JUN 2 8 2017 CONTRACTOR `)\\;rt1tt:ll Alex Sebastiarii Prehistoric Adventure Date: 5 old / 7_ /?31(') -----, ® ACORD CERTIFICATE OF LIABILITY INSURANCE �...-- a MARKEL@ DATE (MM/DD/YYYV) 3/23/2017 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 715-246-8908 I FAX 715-246-4257 IA/C. No. Extl: (NC, No): ADDRESS: certs@specialtyinsuranceagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Evanston Insurance Company 35378 INSURED Alex Sabastiani dba Prehistoric Adventures 8149 Santa Monica Blvd West Hollywood, CA 90046 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: vTHIS 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 2CN0140-11121 03/06/2017 03/05/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE PREM SESO(Ea occurrence) $ 300,000 IRENTED 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 JECT PRO-LOC PER: PRODUCTS-COMP/OPAGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED 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 LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N NIA I STATUTE PER I 100TH 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.: Alex Sabastiani dba Prehistoric Adventures Additional Insured: Weld County Fair Attn: Janet Konkel Event Date: July 26-31, 2017 ION Weld County Fair 525 North 15th Avenue Greeley, CO 80631-2064 I 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 REPRESENTATIVEp r - Aii-t. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 2CN0140-11121 MARKEL' 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. 11� COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 2CN0140-11121 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: 2CN0140-11121 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 RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PREHISTORIC ADVENTURE ATTEST: /..� /L) Weld C�f?i. ntti Clerk to the Board BY: Deputy CI to the Boar Controller APPOVED AS TO FORM: • ounty Attorney d BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLDO Julie A. "Cozad, Chair /J(2 8 2017 APPROVED AS TO SUBSTANCE: Elected Official or Depart ent Head 02.0 / 7- / 9.3g6 ) Hello