HomeMy WebLinkAbout20151665.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN -ACTION ENTERTAINMENT, COMPANY
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 Action
Entertainment Company, commencing from the date of execution by the Board of County
Commissioners, for the 2015 Weld County Fair, 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 Servicse 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 Action Entertainment Company, 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 8th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST:.. �` G� jC..LLo•�
�w11 arbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
De• `y Clerk to the :,oard
Sean P. Conway
L /�,
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APPROVED S TO FOR �i`
r R ..�•►. ulie A. Cozad
tit
County Attorney0/
�. i Steve Moreno
Date of signature: T
C C � CA %iv 2015-1665
(FH) EX0027
TO: BOCC
.a. ,,i8. '.,r''
n psi ��!� FROM: Frank Haug, Assistant Weld County Attorney
1/4\i so�t�t J I! all
J DATE: May 29, 2015
Vii ° SUBJECT: Fair Vendor Contracts
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SUMMARY:
Please find attached the contracts for the vendors for the Weld County Fair. In conjunction with Janet
Konkel, we have prepared these contracts and obtained the insurance necessary from these vendors. Each
vendor is required to purchase their own insurance coverage, and to be responsible for their employees and
activities while at the fair. We have outlined each parties' responsibilities with regard to prep and take down of
their events. All contracts are subject to the necessary sponsor funding being obtained.
RECCOMENDATION:
Approve the contracts. inc„ CU
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9s 2015-16651)
Weld County Board Of Commissioners
Action Entertainment Co.
Professional Services Agreement 2015 Weld County Fair
THIS AGREEMENT is made this Z day of /40 CAI , 2015, 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 Action Entertainment Co. of
3101 Mantle Street, Butte, MT 59701, represented by Andy Smith, 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 to safely conduct NASCAR Remote Control
Racecars, One-on-one Hoop Shoot, Football Toss, Baseball Speed Pitch, 10 Gun Laser Tag System and 4
hour youth dance (held on Saturday, August 1 s` 8:00 pm—midnight) (hereinafter "Event") for attendees at
the 2015 Weld County Fair on July 30, 31 and August 1, 2, 2015 at the Island Grove Park in Greeley,
Colorado.
2. Laser tag shall be offered to the public from 9:00 a.m. to 5:00 p.m. on July 30, 31 and August 1 and 9:00
a.m. to 4:00 pm on August 2"d
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.
i. 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 $1,000,000
General Aggregate $1,000,000
Contractor's comprehensive general liability insurance policy or certificate of insurance shall be
issued to include Weld County as 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.
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
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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 100'X 40'clear, flat area for placement of activities.
2. Space for a 14' foot Tahoe support trailer at the game site.
3. Provide 110v electrical service with 4 circuits on site.
4. 1 non-smoking room with two double beds July 30th through August 2°d
5. 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 August 2, 2015, 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 ten thousand five hundred dollars ($10,500.00) for putting on
the Event pursuant to the terms of this Agreement. A deposit in the amount of$2,100.00 shall be paid to Action
Entertainment upon acceptance of this agreement and a final payment of$8,400.00 shall be made upon
satisfactory completion of the last day of the Event on August 2, 2015. 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.
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In the event Contractor does not perform the Event as specified in this Agreement for the full 4 days,
July 30th through August 2''d, 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
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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. 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. Hiringpractices. 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
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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 Agreement on the day first above written.
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS CONTRACTOR:
rbara Kirkme er Andy S ,Action ntertainment,Cu.
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Chairman
Date: JUN 0 8 2015 Date: 3/5/5
c>20/5- G2o/5- / GJe)
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STAFF APPROVALS FOR PROFESSIONAL SERVICES AGREEMENT -ACTION
ENTERTAINMENT COMPANY
AP VVJED/�
AS TO SUBSTANCE:
•
Elected Official or Depa ment Head
N/A
Director of General Services
APPE> O U ING4
Controller
APPROVED AS TO FORM:
CS At or r‘ A( jfier
KTIO►y
ef
tit 1110,,,S4
3101 Mantle St. Butte, MT 59701 406-290-9381 andy@actionentertainment.co
www.ActionEntertainment.co
ENGAGEMENT CONFIRMATION AND COMMITMENT OF TERMS
THIS CONTRACT for the personal services of artist(s) on the engagement described below is made on this day 12/03/2014 by and between
Action Entertainment and Weld County Fair hereafter referred to as(SPONSOR) who represents and warrants that(s)he is the agent of
the parties defined herein as SPONSOR and that(s)he has the authority from them to enter into this contract.
Name&Address of Engagement—Weld County Fair
525 N. 15th Avenue
Greeley,Colorado 80631
Contact Janet Konkel
Artist: NASCAR Remote Control Racecars, One-on-one Hoop Shoot, Football Toss, Baseball Speed Pitch, 10
Gun Laser Tag System, 4 hour youth dance (Date TBA)
Type of Engagement: Fair Date 7/30/15 - 8/2/15 Set Up: 7/29/15 10am Show Times: TBA
Fee Agreed Upon: $10,600.00 Please make two checks to the following:
Deposit: $2,100.00 to Action Entertainment(TAX ID: 517-13-5594) Due 7 days after receipt of this contract.—
Balance: $8,500.00 to Action Entertainment(TAX ID: 517-13-5594) To be paid the day of show
SPECIAL PROVISIONS:
ROOMS: 1 non-smoking room with two double beds on 7/30/15 - 8/2/15 Initial
ELECTRICAL: Please provide 110 electrical service on at LEAST 3 or 4 circuits. Initial
MEALS: If possible: If event is during a meal—please provide food for 2 people. Initial
SPACE: If lined against a wall, all attractions would take up a 100'x40' area. Laser Tag will require a minimum space of 60' x
60'. Our 14' Tahoe Trailer will be placed inside these parameters for maintenance and staff accommodations. . Initial / ` _
STAKING: We will be staking into the ground in order to ensure everyone's safety: Also: Inflatables will need to be
taken down temporarily during high winds. Initial -
If SPONSOR cancels the date above for any reason,including bad weather, 100%of the fee will be due. If artist cancels date,deposit will be
returned. Artist may cancel this agreement by giving sponsor(30 days advance notice),only in the event of sickness,strike or act of Cod.
SPO'$OR rt. X Date:_11/15/14
X'i/ L A, r' ; l( Date: i - Signature gent
Name: Andy Smith
t c't(1 4 /tom
Jl v° Please sign and send back with deposit to:
3101 Mantle St. Butte,MT 59701
Li
Janet Konkel
From: Andy Smith <andy@actionentertainment.co>
Sent: Wednesday, April 08, 2015 12:38 PM
To: Janet Konkel
Cc: jc@younggunsentertainment.com
Subject: Re: Weld County Fair
Janet,
Thanks for reaching out. We are still working on getting the last couple quotes back for our insurance, but we plan on
having them back this week. I should be able to send you a copy of the policy we'll be choosing by the 14th.
To confirm, since we don't take the business over until the 1st of July, I will be able to satisfy the insurance requirement
by having a copy of the policy we'll be using, even if it's not active until 7/1?
Cheers,
Andy Smith
On Apr 8, 2015, at 08:46,Janet Konkel <jkonkel@co.weld.co.us> wrote:
Just a reminder that I need your Proof of Insurance by Tuesday, April 14th. If you are still working on insurance
just let me know.
Thanks,
Janet Konkel
Fair Coordinator
CSU/Weld County Extension
525 N. 15th Ave., Greeley, CO 80631
970-304-6535 ext. 2085
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