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Home My WebLink About20151655.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -WOW BUBBLES, 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 WOW Bubbles, LLC, 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 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 WOW Bubbles, 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 8th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: f j�f theyeaifr Weld County Clerk to the Board !, ' Mike Freeman, Pro-Tem D-• �, 7-7 Clerk to the B yard � ean '. Co ay APPROVED AS TO FORM: isbt ►t�� Lr.G>✓C 1,;(ir ie A Cozad County Attorney °� Steve Moreno Date of signature: /as 2015-1655 CO, , . Cfi(7 &/p2, EX0027 TO: BOCC • +!.,rf,.. 1 1F/ -A_ ' FROM: Frank Haug, Assistant Weld County Attorney ip\/ ��Jj, DATE: May 29, 2015 1U : SUBJECT: Fair Vendor Contracts 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. 2015-1655(/) EX ODD:1- Weld County Board Of Commissioners WOW Bubbles LLC. Professional Services Agreement 201 Weld County Fair I sir THIS AGREEMENT is made this k day of !-I c- ,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 WOW Bubbles LLC.,905 McIntire Street, Boulder,CO 80829,represented by Stephanie Sloim, 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 • Contractor shall provide all necessary personnel and equipment to provide recreational rides to the public inside inflatable bubbles floating on water(hereinafter"Event")for the 2015 Weld County Fair on July 31, August 1 and 2 ,2015 at the Island Grove Park in Greeley,Colorado. • Bubble rides shall be offered to the public from 9:00 a.m.to 5:00 p.m. on July 31st and August 1st and 8:00 a.m.to 4:00 pm on August 2nd bubbles shall be available for rides at all times. • 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. • Contractor shall,as part of putting on the Event,be responsible for providing the following: • Plastic bubbles,wading pool,sun canopy,safety fencing,any additional equipment necessary to produce the Event,and a sufficient number of trained personnel to ensure the safe and efficient operation of the Event. Contractor shall operate 1 unit during the Event. • 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 $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. • 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. • All insurers of Contractor must be licensed or approved to do business in the State of Colorado. • 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. • 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: • An area at Island Grove Park sufficient for Contractor to operate the Event. • Access to sufficient water and electrical service to enable Contractor to operate the Event. 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 All payment is contingent upon sufficient sponsorship being collected. Contractor shall receive a total payment of four thousand two hundred dollars ($4200.00) 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 August 2,2015. County shall not be obligated to pay any further costs or expenses associated with Contractor. In the event Contractor does not perform the Event as specified in this Agreement for the full 3days,July 31st to August 2nd,Contractor shall be paid$1,400.00 per unit 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 Pursuant to Workers' Compensation Act 8-40-202(2)(b)(IV),C.R.S.,as amended,Contractors understands that it and its employees and servants are independent contractors not entitled to Workers' Compensation benefits from the County. Contractors further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this Agreement. Contractors shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. SECTION VI - INDEMNIFICATION Contractors agrees to indemnify and hold harmless the Weld County Fair Board,its officers,agents,employees, and volunteers,and Weld 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 third party or Contractors arising during the term of this Agreement and resulting from its performance or failure of either party 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 • Integration of Understanding: This Agreement contains the entire understanding of the parties hereto and neither it,nor the rights and obligations hereunder,may be charged,modified,or waived except by an instrument in writing that is signed by the parties hereto. • 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,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 Contractors,shall be for the sole and exclusive benefit of the County and Contractors. • 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. • 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. • Governmental Immunity_. No term or condition of this Agreement 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. • 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. • Non-Assignment. The rights and responsibilities of either party pursuant to this Agreement are not assignable without prior written permission from the other party. • 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. • 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. In Witness Whereof,the parties hereto execute this Agreement on the day first above written. ATTEST: CHAIRMAN OF THE BOARD OF CONTRACTOR WELD COUNTY COMMISSIONERS S_eis\jau\s2_, M `Barbara eyer Stephanie Sloim,WOW Bubbles LLC Chair Date: JUN 0 8 2015 Date: fc3\ , \ \S c2O/S/4,5 0) STAFF APPROVALS FOR PROFESSIONAL SERVICES AGREEMENT -WOW BUBBLES, LLC APPROVED AS TO SUBSTANCE: Elected Official or Depart ent Head N/A Director of General Services APPROVED AS TO F DING: Controller AP ROVE AS TO FORM: County Attorney CERTIFICATE OF LIABILITY INSURANCE os/01/2015"' 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 CONTACT Peter Bogolin NAME'. Peter Bogolin PHONE FAX 1405 Elizabeth St (Arc,No,EXq: 630-674-6176 I (NC,No): E-MAIL Dekalb, IL 60115 ADDRESS: pbusg@outlook.com INSURER(S)AFFORDING COVERAGE NAIC I INSURERA: United States Fire Insurance.Cornpany 21113 INSURED SPORTSAND RECREATION PROVIDERS ASSOCIATION(PURCHASING GROUP)AND INSURER E: ITS PARTICIPATING MEMBERS: INSURER C: Wow Factor Attractions LLC INSURER D: 13238 Kearny Street Thornton, CO 80602 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SO147359-00 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. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYTY) (MMJDDITYYY) LIMITS GENERAL LIABILITY CENERAL ACCRECATE $2D0000000 -r X unrtA_ILNEPA_LIAelJry PRODUCT$.COMP/OP ACC $2,000.000.00 r� C I CARA:4%4CE j Occ IP phksor:ALX ADO INJURY $1,000 WOOD A USS251204 05/02/201505/02/2016 EACH OCCEPPENCE $1,000,000.00 FIRE DAAIAC-:Any cTe'rel $300.000.00 GEN'LAGGPEGA rE Llrnn APP_ES PER h'EO FAD:Any,orc perTDn, $5,000.00 7iPO.I,'.Y �PtCI LOT $ CLMPINEL SINGLY ULM AUTOMOBILE LIABILITY (Fa ar Err'AUTT R��II Y IN.LIFY,Per prL-on) $ ALL CNME STHLLIJLEG All LS AJTa, BOUIL'l P:JJFY iRerarrdenq S FIRED AUTO N0NONNER PPITERTY DAMAGE AUTOS (Per arr,trol UMBRELLA LIAR ncrt.P FACE'OCR IRPErj r S EXCESS JAB CLAIb'AMADE A_C•REGATE $ OCE �aE CN'IC'.r: S I I GL Premium: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Policy Fee-$150.00 Additional Insured:Weld County Total- $3375.00 CERTIFICATE HOLDER CANCELLATION 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 ©1988-2010 ACORD CORPORATION. Alt rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Hello