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Home My WebLink About20162023.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ZOMBIE PAINTBALL, DBA J AND B FAMILY AFFAIR, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a 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 Zombie Paintball DBA, J and B Family Affair, LLC, commencing from the date of execution by the Board of County Commissioners, for the 2016 Weld County Fair, and ending July 31, 2016, 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 Zombie Paintball, DBA J and B Family Affair, LLC, 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 27th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daft%) Weld County Clerk to the Board BY: uty Clerk to the Board er ED AS2 'ORM: Attorne Date of signature: —7( 'DO( I Il A L�1°G,3—nop,� Mike Freeman, Chi u ie.A. Cozad kaA ara Kirkmeyer Steve Moreno cc E.XC31C) , Cc-- (-Ek) —If 90 90 kCo 2016-2023 EX0028 Weld County Board Of Commissioners Zombie Paintball by JB Family Affair Professional Services Agreement 2016 Weld County Fair THIS AGREEMENT is made this 7 day of !.� , 2016, 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 air Board, and Zombie Paintball by JB Family Affair, 112 76th Avenue, Greeley, CO 80634, represented by Buffy Brentlinger, 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 and equipment (props, targets, Co2 tanks and paintballs) to safely conduct Zombie Paintball (hereinafter "Event") for attendees at the 2016 Weld County Fair on July 28, 29, 30 and 31, 2016 at the Island Grove Park in Greeley, Colorado. If the Contractor is running low on supplies to conduct the event contact the Fair Coordinator, Janet Konkel at 970-590-2099 to discuss closing the Event early. 2. Zombie Paintball shall be offered to the public from 9:00 a.m. to 6:00 p.m. on July 28, 29, 30 and 9:00 a.m. to 4:00 pm on July 31. 3. The Contractor shall not charge any member of the public for participating in the Event and the only compensation Contractor shall receive is detailed in Section IV of this Agreement. Insurance Requirements. Commercial General Liability Insurance. Contractor shall furnish to County a certificate of insurance for commercial general liability upon notification of award and prior to Event. 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. Work shall not commence under this Agreement until Contractor has submitted to the County and received approval thereof. 2016-2023 U) 1 ii. 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. iii. All insurers of Contractor must be licensed or approved to do business in the State of Colorado. iv. 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. v. 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 Contractor: 1. An area at Island Grove Park with a minimum 20'X 40'clear, flat area for placement of activity. 2. Provide 110v electrical service with on site. 3. Clearance from appropriate agency for 24 inch stakes to be installed. SECTION III — TERM The term of this Agreement shall commence upon the date of execution by both the Contractor and the County, and end on July 31, 2016, 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 Contractor shall receive a total payment of six thousand hundred dollars ($6,000.00) for putting on the Event pursuant to the terms of this Agreement. A deposit in the amount of $1,000.00 shall be paid to Zombie Paintball upon acceptance of this agreement and a final payment of $5,000.00 shall be made upon satisfactory completion of the last day of the Event on July 31, 2016. County shall not be obligated to pay any further costs or expenses associated with Contractor not specified in this Section IV. Financial obligations are contingent upon funds being acquired and budgeted or otherwise made available. 2 In the event Contractor does not perform the Event as specified in this Agreement for the full 4 days, July 28th through July 31st, Contractor shall be paid $1,000.00 per for each full day upon which the Event was performed pursuant to the terms of this Agreement. Contractor shall not be paid for partial days. SECTION V - INDEPENDENT CONTRACTOR Contractor acknowledges that it is an independent contractor and that pursuant to the Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended, Contractor understands that it 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. 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 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. SECTION VIII - MUTUAL UNDERSTANDINGS 1. Integration of Understanding. This Agreement contains the entire understanding of the parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties hereto. 2. 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 County and Contractor, shall be for the sole and exclusive benefit of County and Contractor. 3 3. 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. 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. 5. Compliance with Law. Contractor shall strictly comply with all applicable federal, State of Colorado, and County laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 6. 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. 7. Non -Assignment. The rights and responsibilities of either party pursuant to this Agreement are not assignable without prior written permission from the other party. 8. 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. 9. 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, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions 10. 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 4 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 Agreement on the day first above written. CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS Mike Freeman Chair Date: JUN 2 7 2016 CONTRACTOR: Buffy om . ie Paintball Date: � -r1 5 020/6 -02,D25 6) RE: PROFESSIONAL SERVICES AGREEMENT - ZOMBIE PAINTBALL BY JB FAMILY AFFAIR ATTEST: diedieti Jej404 Weld Co BY: BOARD OF COUNTY COMMISSIONERS y Clerk to the Bo rd WELD COUNTY, COLORADO Deputy Cler to the BoaMike Freeman, Chair JUN 2 7 2016 APPROVED AS TO FUNPROV. D AS TO SUBSTANCE: Controller APPROVED A TO FORM: County Attorney Elected Official or Dep ent Head Y 1 /cL Director of General Services C CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 04/15/2016 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 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 INSURED Security Insurance Group, LLC 8219 W 20th St, Ste A Greeley, CO 80634 J&B Family Affair, LLC 1102 76th Ave Greeley, CO 80634-9703 CONT CT Brandi Markley 970.378-4818 T (AIC, No): 970-378-4820 sIg@securityinsurancegroup.net INSURERS) AFFORDING COVERAGE _... NAIC p INSURER A__..Qwa.0rs Ins,ura0 a Go pa INSURER B.: INSURER C INSURER D : INSURER E INSURER F : CERTIFICATE NUMBER: 00000000-0 REV) N NUMBER: 1 THIS INDICATED: CERTIFICATE EXCLUSIONS IN Ft' LTR IS TO CERTIFY THAT THE POLICIES OF INSURANCE NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. THE 1Ork WVD LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ ABOVE FOR THE POLICY PERIOD WITH RESPECT TO WHICH THIS IS SUBJECT TO ALL THE TERMS, b LIMITS .. ..... TYPE OF INSURANCE ADO INSD. POLICY NUMBER rN POLiCYEFF' IMMIDD/YYYY) POLIGW EXP IMMIDDIYYYYI A X ..e. G COMMERCIAL GENERAL UABIUTY CLAIMS -MADE t XI OCCUR 74410194 07/07/2015 07/07/2016 ,. EACH OCCURRENCE s 1 Q00 000. t. DAMAGED f₹Ehi b PR MIc - tFa-� .eenat. _ . e� , , S 300 Q00 MED EXP}A,iy oneserso«).$,... PERSONAL & Am/ INJURY __.... 5000... $ 1 000,000 N L AGGREGATE LIMIT APPLIES PER. PRO- �......_._ POLICY ' dEOT LOC GENERAL AGGREGATE $ 1,000,000 PRODUCTS -COMP/OP AGO $ 1 000 000 a a ....._.� OTHER $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED H:RED AUTOS AUTOS ,,.,C'IS.SINGLE LIMIT... BODILY INJURY (Per oe,son) $ , BODILY INJURY (Per accident) S ' T4T A t - rte.... S UMBRELLA LIAR OCCUR EXCESS UAB CLAIMS -MADE EACH OCCURRENCE $ :: S AGGREGATE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNER/EXECUTIVE Vl_N OFFICER/MEMBER EXCLUDED? �. ((Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS OBI ow NIA j J PTTUT�:.1... 1 0R E. L .. EACH ACCIDENT -...... .. E L ikSEASE -.E;.A f:MP$.OYt: $.. _ ...._._,._,_.._.. .. :.: .........._., $ E DISEASE - POLICY LIMIT ..__...__ __ _..._........_.._..... $. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) ERTIFICATE 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. AUTHORIZE EPRESENTATIVE •� (BJM) © 1988-2014 ACORD RPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Printed by BJM on April 15, 2016 at 12:58PM Hello