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Home My WebLink About20141937.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -YOUNG GUNS ENTERTAINMENT CORPORATION 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 Service 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 Young Guns Entertainment Corporation, commencing from the date of execution by the Board of County Commissioners,for the 2014 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 Service 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 Young Guns Entertainment Corporation, 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 25th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ELD COUNTY COLORADO ATTEST:C� �,��,// (/ �C.(LO•A Douglas ademac er, hair Weld County Clerk to the Board arbara Kirkmeyer, ro-Tem BY De•R Clerk to the Bo•� fl can P. Conway AP' 1rD • FORM: ' t,�,gf0e_ —UN-\\I; Mike Freeman y A orney �� EXCUSED William F. Garcia Date of signature: 1— I 1 — )Onfitticci a o K. CC_ Ex 63/45 8 `1 2014-1937 �lzs EX0027 Weld County Board Of Commissioners Young Guns Entertainment Corp. Professional Services Agreement 2014 Weld County Fair THIS AGREEMENT is made this I day of V✓1 fai•(i 2014, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O Street, reeley, Colorado 80632, hereinafter referred to as "County," on behalf of the Weld County Fair Board, and Young Guns Entertainment Corp. of 610 N. 15t Street, Suite 5-229, 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 2014 Weld County Fair on July 24, 25, 26, and 27 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. Activities and attractions for the Event to occupy 1600 sq. ft. of play area; b. Supervision of the Event by at least one Young Guns Entertainment employee at all times; c. Marketing materials including photographs prior to the Event; d. Free hand stamps and free "Wanted Posters" (1 per family); and e. 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 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. 1 2014-1937 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 may be indoors or outdoors, the 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 both 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; and f Provide approximately one yard of clean fine sand and labor to move sand into sandbox; g. Provide one double queen hotel accommodations for the duration of the event plus one day before and one day after 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 after the completion of the Event and any associated clean up or post-Event activities. SECTION IV—PAYMENT AND FEE SCHEDULE 1. Contractor shall receive a total payment of four thousand dollars ($5,400.00) 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 27, 2014, and any associated clean up or post-Event activities. 2 In the event Contractor does not perform the Event as specified in this Agreement for the full four days, July 25, 26, 27, and 28, Contractor shall be paid $1000.00 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. 2. County may cancel this Agreement by giving at least 120 days advance written notice to Contractor prior to July 25, 2014. If at least 120 days advance notice is given, County shall owe Contractor$2,400.00. Cancellation by County with less than 120 days advance written notice shall result in a payment to Contractor of$5,400.00. If cancellation by County occurs, County is not obligated to pay any other costs than those specified in this subsection (2). 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 23`d and check out shall be on July 28th 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. 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. 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. 3 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. 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. 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 and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair practices.employment 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. In Witness Whereof,the parties hereto execute this contract on the day first above written. 4 CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR: Dougla2 ks. gemckt.v.. 3 ` Rademacher JC McDowell, Presiden Chair Young Guns Entertainment� � Group, Inc. Date: JUN 2 5 2014 Date: Si Si 2g: ( 5 a© / ACORC) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD"""' 6/5/2014 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 Stephanie Weiss MMA-Minneapolis PHONE 715-246-8908 I FAx 715-246-4257 7225 Northland Dr N#300 E kul� luc,No, .ADDRESS. certs@spedaltyinsuranceagency.com Minneapolis,MN 55428 Attn:Colleen Johnson -_-__.___ INSURER(S)AFFORDING COVERAGE NAIC It INSURER A: Lexington Insurance Company 19437 INSURED Performers of the U.S.and Club Members INSURER 6: Phone:715-246-8908 Fax:715-246-4257 INSURER C: Attn:Stephanie Weiss INSURER 0_: PO Box 24 INSURERS: New Richmond,WI 54017 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. INSR R I TYPE OF INSURANCE INSR ADDL SUER POLICY NUMBER (M DWDO/YYW1 (MM/ L DDWYYYI LIMITS T WYD GENERALUABIUTY EACH OCCURRENCE $ 3,000,000 X S COMMERCIAL GENERAL LIABILITY PREMEQJEa occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 A X LX9776 08/04 _ X X 021396070 04/25/14 04/25/15 PERSONAL a ADV INJURY $ 3,000,000 X LX0404 GENERAL AGGREGATE $ 5,000,000 _CCEEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS_COMP/OPAGG $ _ 5,000,000 r _ A POLICY jI LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident). ANY AUTO I BODILY INJURY(Per person) $ ALL OWNED f SCHEDULED BODILY INJURY(Per accident) E AUTOS ALROS - NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per acadent)--., _- $ UMBRELLA'JAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAR CLAIMS-MADE AGGREGATE b , I b , DED RETENTIONS WORKERS COMPENSATION WC STATU- I 0TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMEYS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT AI OFFICEREMBER EXCLUDED? _ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,AddKlonal Remarks Schedule,K more space is required) PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.(FORM LEXDOC021 LX0404): Hilary E.McDowell dba Young Guns Entertainment Corp Additional Insured:Weld County Fair,Weld County Fair Board and Employees Email:jkonkel@co.weld.co.us Attn..Janet Konkel CERTIFICATE HOLDER CANCELLATION Weld County Fair 525 N. 15th Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Greeley,Co80631 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,k42.11,9t3;-,^ (4-04;1411 , )_ -_, ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Hello