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Home My WebLink About20141935.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -VICTOR HULET, DBA LASEROPS 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 Victor Hulet, dba LaserOps, 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 Victor Hulet, dba LaserOps, 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 WELD COUNTY, COLORADO ATTEST: / - La Cg��_ gt ti/ � �� D QRademacher Chair Weld County Clerk to the Board /+ rKi r yer Pro Tem BY: Dep Clerk to the Board L t gyp; • � ' n R Conway AP ED "' FORM:7 ��I I� 'J�; �� Freeman nt Attorney • • UN XCUSED William F. Garcia C Date of signature: -7-11 VI 4•03-. 14..0K 2014-1935 LP/25 EX0027 Weld County Board Of Commissioners VICTOR HULET, LASEROPS Professional Services Agreement 2014 Weld++County Fair THIS AGREEMENT is made this 2 614) day of /11 IC K , 2014, 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 Victor J. Hulet, sole proprietor of the business LaserOps, 11209 Springfield St., Riverside, CA 92505„ 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 laser tag games (hereinafter"Event") for attendees at the 2014 Weld County Fair on July 24, 25, 26, 27, 2014 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 25th and 26th and 8:00 a.m. to 4:00 pm on July 27`h. 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. 4. Contractor shall, as part of putting on the Event, be responsible for providing the following: a. A 40'X40' tent/game area with inflated bunkers and infrared weapons. b. 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. 1 2014-1935 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 50'X60'clear, flat area for placement of the tent. 2. Space for a 20' foot support trailer at the game site. 3. Provide 110v electrical service to each side of the game area. 4. Recreational vehicle space of the County's choosing with full hook-ups (minimally electric and water) for a 20' motor home Tuesday, July 22n" - Monday, July 28`h. 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 27, 2014, after the completion of the Event and any associated clean up or post-Event activities. SECTION IV—PAYMENT AND FEE SCHEDULE Contractor shall receive a total payment of four-thousand dollars ($4,000.00) 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 e on y Event Jul 27, 2014. In the event Contractor does not perform the Event as specified in this Agreement for the full 4days, July 24`h through July 271h, 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. All funds shall be paid by check in the name of Victor Hulet. County shall not be obligated to pay any further costs or expenses associated with Contractor not specified in this Section IV. 2 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. SECTION VIII-MUTUAL UNDERSTANDINGS I. 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. 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. 3 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. In Witness Whereof, the parties hereto execute this Agreement on the day first above written. CHAIRMAN OF THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR: L).> t . _,i ouglas ademac er Victor Hulet Date: JUN 2 5 2014 Date: 3 O(1 /010iy 4 aoi y- /2,15 A� CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DOMYY) 4/14/2014 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 pollcy(les) 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 CONTNAME: Stephanie Weiss MMA-Minneapolis PHONE 715-246-8908 FAX 7 7225 Northland Dr N#300 E-MAIL ODts Fee, (uc,No1� 75-246-4257 Minneapolis,MN 55428 ADDRESS: certs@specialtyinsuranceagency.com Attn:Colleen Johnson INSURERIS)AFFORDING COVERAGE NAIC# INSURER AA: Lexington Insurance Company 19437 INSURED Performers of the U.S.and Club Members INSURER B: Phone:715-246-8908 Fax:715-246-4257 INSURER C: Attn:Stephanie Weiss INSURER D: PO Box 24 -.. INSURER E: New Richmond,W 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. INSRT ADDLISUBRr ---- POLICY EFF POLICY EXP ` �-- --- ` LIMITS GENERAL LIABILITY I ' LTR TYPE OF INSURANCE INSR WVp POLICY NUMBER (MWDDNYYY) IMM/DOIYYYYI EACH OCCURRENCE E 3,000,000 ! DAMAGE TO RENTED X _COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 i J CLAIMS-MADE [X,I OCCUR ! MED EXP(Any one person) IS__— 5,000 A X LX9776 08/04 X X 021396070 04/25/14 04/25/15 PERSONAL&ADM INJURY I$ 3,000,000 X LX0404 GENERAL AGGREGATE S 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGG $ 5,000,000 --t PRO- l X I POLICY jEC7 LOC S A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY _-_ __(Ea accident) S ANY AUTO BODILY INJURY(Per person) S ALL OWNED r--1 SCHEDULED • BODILY INJURY(Per accident) S AUTOS AUTOS L—R _..I__._ ___' HIRED AUTOS AUTOS NU ED SPerr acodentOPTY DAMAGE I S ' UMBRELLA LIAB OCCUR I EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S (DED I TRETENTIONS I $ WORKERS COMPENSATION WC STATU- OTH' AND EMPLOYERS'LABILITY y/NI _ TORY LIMITS ER..._._— ANY PROPRIETOR/PARTNER/EXECUTIVE IN/A I E.L.EACH ACCIDENT �S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E .DISEASE-EA EMPLOYE SIf yes,describe under DESCRIPTION OF OPERATIONS below ' ' E .DISEASE-POLICY LIMIT I S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space la required) PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.(FORM LEXDOC021 LX0404): Victor J.Hulet dba S and S Ventures,Sporty the Clown Additional Insured:Weld County Fair Email.jkonkel@co.weld.co.us Attn:Janet Konkel CERTIFICATE HOLDER CANCELLATION Weld County Fair 525 N 15th Avenue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Greeley,CO 80631 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Aftpa q'm"4 wCJ<(Ad ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 AM 2 2 04! 5/ 014 Forms a part of policy no.: 021396070 Issued to: PERFORMERS OF THE U.S. CLOWNS OF THE U.S. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY, COVERAGE APPLICABLE TO COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE (SECTION I - COVERAGES) ONLY A. Section II - Who Is An Insured is amended to i. The preparing, approving, or failing to include any person or organization you are prepare or approve maps, shop required to include as an additional insured on drawings, opinions, reports, surveys, this policy by a written contract or written field orders, change orders, or drawings agreement in effect during this policy period and and specifications; and executed prior to the "occurrence" of the "bodily ii. Supervisory, inspection, architectural, or injury" or "property damage." engineering activities. B. The insurance provided to the above described A 5. This insurance does not apply to "bodily additional insured under this endorsement is limited as follows: injury" or "property damage" arising out of "your work" or "your product" included in 1. COVERAGE A BODILY INJURY AND PROP- the "product-completed operations hazard" ERTY DAMAGE (Section I - Coverages) only. unless you are required to provide such 2. The person or organization is only an coverage by written contract or written additional insured with respect to liability agreement and then only for the period of arising out of "your work" or "your product". time required by the written contract or written agreement and in no event beyond 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of the expiration date of the policy. Insurance required by the written contract or 6. Any coverage provided by this endorse- written agreement the insurance provided by ment to an additional insured shall be this endorsement shall be limited to the Limits excess over any other valid and collectible of Insurance required by the written contract insurance available to the additional insured or written agreement. This endorsement shall whether primary, excess, contingent or on not increase the Limits of Insurance shown in any other basis. the Declarations pertaining to the coverage C. In accordance with the terms and conditions of provided herein. the policy and as more fully explained in the 4. The insurance provided to such an additional policy, as soon as practicable, each additional insured does not apply to "bodily injury" or insured must give us prompt notice of any "property damage" arising out of an archi- "occurrence" which may result in a claim, tect's, engineer's, or surveyor's rendering of forward all legal papers to us, cooperate in the or failure to render any professional services, defense of any actions, and otherwise comply including, but not limited to: with all of the policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or "suit" being denied. 71,774-cle-C t;7- Authorized Representative OR Countersignature (In states where applicable) Includes copyrighted information of the Insurance Services Offices, Inc., with its permission. All rights reserved. LX9776(08/04) ENDORSEMENT This endorsement, effective 12:01 AM 04/25/2014 Forms a part of policy no.: 021396070 Issued to; PERFORMERS OF THE U.S. CLOWNS OF THE U.S. By; LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY, COVERAGE APPLICABLE TO COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE (SECTION I - COVERAGES) ONLY A. Section II - Who Is An Insured is amended to i. The preparing, approving, or failing to include any person or organization you are prepare or approve maps, shop required to include as an additional insured on drawings, opinions, reports, surveys, this policy by a written contract or written field orders, change orders, or drawings agreement in effect during this policy period and and specifications; and executed prior to the "occurrence" of the "bodily ii. Supervisory, inspection, architectural, or injury" or "property damage." engineering activities. B. The insurance provided to the above described A 5. This insurance does not apply to "bodily additional insured under this endorsement is limited as follows: injury" or "property damage" arising out of "your work" or "your product" included in 1. COVERAGE A BODILY INJURY AND PROP- ERTY DAMAGE (Section I - Coverages) only. the "product-completed operations provide hazard" 9unless you are required to such 2. The person or organization is only an coverage by written contract or written additional insured with respect to liability agreement and then only for the period of arising out of "your work" or "your product". time required by the written contract or written agreement and in no event beyond 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of the expiration date of the policy. Insurance required by the written contract or 6. Any coverage provided by this endorse- written agreement, the insurance provided by ment to an additional insured shall be this endorsement shall be limited to the Limits excess over any other valid and collectible of Insurance required by the written contract insurance available to the additional insured or written agreement. This endorsement shall whether primary, excess, contingent or on not increase the Limits of Insurance shown in any other basis. the Declarations pertaining to the coverage C. In accordance with the terms and conditions of provided herein. the policy and as more fully explained in the 4. The insurance provided to such an additional policy, as soon as practicable, each additional insured does not apply to "bodily injury" or insured must give us prompt notice of any "property damage" arising out of an archi- "occurrence" which may result in a claim, tect's, engineer's, or surveyor's rendering of forward all legal papers to us, cooperate in the or failure to render any professional services, defense of any actions, and otherwise comply including, but not limited to: with all of the policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or "suit" being denied. / Authorized Representative OR Countersignature (In states where applicable) Includes copyrighted information of the Insurance Services Offices, Inc., with its permission. All rights reserved. L X9776(05/04) Hello