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HomeMy WebLinkAboutC15-042 Carr Pro Rodeo AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY,COLORADO AND CARR PRO RODEO • al THIS AGREEMENT("Agreement")is effective as of th..�„ day o Lir• •ii, ,2015 by and between Carr Pro Rodeo (hereinafter"Contractor")and Eagle County,Colorado,a body corpora- and politic(hereinafter "County") RECITALS WHEREAS,the 2015 Eagle County Fair&Rodeo is scheduled to be held at the Eagle County Fairgrounds,located at 426 Fairgrounds Road,Eagle,Colorado(the"Fairgrounds"); and WHEREAS,the County desires to hire Contractor to provide Fair&Rodeo services as defined below in Paragraph l hereof(the"Services");and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the Services as defined below in Paragraph i hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the services or work described in Exhibit A("Services'or"Work")which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than July 22-25,2015 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Fair and Rodeo Department's designee,Tanya Dahlseid,shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of Paragraph 11 hereof,shall continue in full force for a period of one year. This Agreement may be i5-oaf Z_ extended in accordance with the pricing terms set forth in Exhibit A for up to two(2)additional one(1)year terms upon written agreement of the parties. 4. Extension or Modification. Any amendments or modifications 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 in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. Compensation for the performance of the Services under this Agreement for 2015 shall not exceed Eighty Five Thousand Dollars($85,000.00). If the term of this Agreement is renewed in accordance with Section 3 herein,compensation for each year shall not exceed the rates identified in Exhibit A. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed upon completion of the final performance described in Exhibit A. b. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. c. Notwithstanding anything to the contrary contained in this Agreement,County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year,without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S.29-1-101 et.seq.)and the TABOR Amendment(Colorado Constitution,Article X, Sec.20). d. County shall arrange,pay for ten(10)hotel rooms per night from Sunday night,through Saturday night,of the event week. However,County shall not be held responsible for any additional charges incurred by Contractor,any damage done by Contractor or its,subcontractors,employees,agents or invitees during Contractor's stay at the County arranged hotel.Contractor agrees to be solely responsible for and to pay for any such charges, liabilities or fees. 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. County recognizes that the Services involve Contractor's hiring of specialty acts to perform at the Fairgrounds,but the parties agree that no personnel to whom County has an objection,in its reasonable discretion,shall be assigned to the perform Services at the Fairgrounds. Contractor shall require each subcontractor,as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward County.County shall have the Eagle County General Services Final 5/14 right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers'Compensation insurance as required by law. ii. Personal Auto insurance as required by law. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to County,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which County may become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder;and Contractor shall reimburse County for reasonable attorney fees and costs,legal and other expenses incurred by County in connection with investigating or defending any such loss,claim,damage,liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such 3 Eagle County General Services Final 5/14 claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Attention:Rachel Oys 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-8858 Facsimile:970-328-8899 E-Mail: Rachel.Oys @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-Mail:atty @eaglecounty.us CONTRACTOR: Carr Pro Rodeo Attention:Pete Carr 5323 Spring Valley Road,Suite 300 Dallas,TX 75254 Telephone:972-3 86-9258 Facsimile:972-386-7597 E-Mail:pcarr @resource-commercial.com 10. Termination. County may terminate this Agreement,in whole or in part,at any time and for any reason, with or without cause,and without penalty therefor with one hundred twenty(120)days calendar days' prior written notice to the Contractor. Upon termination of this Agreement,.County shall pay Contractor for Services satisfactorily performed to the date of termination. 11. Venue,Jurisdiction and Applicable L,aw. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 4 Eagle County General Services Final 5/14 12. Execution by Counterparts:Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement:(i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 13. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all PRCA regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services, The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement.This paragraph shall survive termination of this Agreement. c. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. d. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Contractor except that of independent contractor.Contractor shall have no authority to bind County. e. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. f. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. g. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. h. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder arc reserved solely for the parties,and not to any third party. 5 Eagle County General Services Final 5/14 No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. j. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. k. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. 14. Prohibitions on Government Contracts. As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S.8-17.5-101,et.seq.If Contractor has any employees or subcontractors,Contractor shall comply with C.R.S.8-17.5-101,et.seq.,and this Agreement. By execution of this Agreement,Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program("Department Program")in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program,as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/Rc 1185221678150.shtm c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: 6 Eagle County General Services Final 5/14 Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual;and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S.8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor could be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE 1NI ENTIONALLY LEFT BLANK] 7 Eagle County General Services Final 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE,STATE OF COLORADO,By and OThrough Its BO 'D OF COUNTY COMMISS ONERS it :, * By: .�,r . .I.Li 1. . • Kathy Ch.t ler-Henry,Chairman Attest: By: Teak J.Simonton,Clerk to the Board A r..t '' • ►DEO CONT' C ► !./44/.`"-------- By: • ,.LL Print Name: '4t,...,-/-I(.V 01./f/Title; fe.J y 8 Eagle County General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES,SCHEDULE,FEES 9 Eagle County General Services Final 5/14 arr ro odeo tile in Eight SeennAN" PRCA Rodeo Proposal Eagle County Fair & Rodeo Committee Carr Pro Rodeo (CONTRACTOR) would like to submit the following proposal to the Eagle County Fair & Rodeo (COMMITTEE) for your July 22, 23, 24, 25th 2015 PRCA Rodeo in Eagle, CO. Base Fee: Eighty Five Thousand Five Hundred Dollars ($85,000) For the preceding amount, CONTRACTOR will produce a 4 performance rodeo that includes the following events: Bareback Riding, Saddle Bronc Riding, Bull Riding, Tie-down Roping, Steer Wrestling, Team Roping and Women's Barrel Racing and associated slack. CONTRACTOR will provide the following: 1. PRCA contract personnel, including secretary, timers, sound person, specialty act/barrelman, bullfighters, pickup men, riding and timed event boss, flankman, labor to open/pull bucking chute gates and sort and load bucking stock, and all production pertaining to the rodeo performance. 2. All riding and timed event stock required for the productions of the PRCA events at the rodeo, including trucking and care of the same. 3. Four performances of professional rodeo 8:00 pm nightly and any slack will be held after the 1st performance. Arena Preparation: COMMITTEE will furnish arena and arena preparation, veterinarian, ambulance and first aid on the grounds during all events. COMMITTEE will be responsible for concession, restrooms, parking, admission gates, crowd control, and security. COMMITTEE will provide arena and pens in good working condition, sound system and adequate water troughs for CONTRACTORS livestock. Committee Responsibility: COMMITTEE will be responsible for all promotion and advertising. COMMITTEE will furnish the PRCA and WPRA approval fees including judge's fees, COMMITTEE will provide all added money for all events, as well as the announcer and all necessary labor needed for the remainder of the production of the rodeo. COMMITTEE will provide the arena and sound system COMMITTEE will provide grain and hay for CONTRACTOR livestock or any non-sanctioned event livestock. COMMITTEE will be responsible for any federal, state or local taxes incurred if applicable. COMMITTEE shall furnish CONTRACTOR with ten (10) hotel rooms per night from Sunday to Sunday. Riding Event Limits: Limits shall be set,at (48 max) entries in the Bareback Riding and Saddle Bronc and (60 max) entries in the Bull Riding. 5323 Spring Valle - Road, Suite 300, Dallas,las,TX 75254 (972086-9 258 8 F x 19.72 386n�'59 f Carr Rodeo 4, r } r Life in Eight t'ei n s" Timed Event Limits: Contract includes (40 max) entries in the Tie-Down Roping, Steer Wrestling, Team Roping. Any increase in these numbers will result in additional cattle and trucking cost. At that time the base contract referenced above shall be adjusted accordingly to accommodate the additional entries. Communication: All written communication concerning the rodeo can be addressed to Carr Pro Rodeo, 5323 Spring Valley Road, Suite 300, Dallas, TX 75254. Weekdays from 8:00 am — 5:00 pm or you may reach Pete Carr on his cell phone at 214-236-0307. Facsimiles may be sent to 972-386-7597. Terms of Contract: The base fee for the contract will be adjusted annually as indicated below once contract option is approved. July 22 —25, 2015 $85,000.00 July 20—23, 2016 $85,850.00 July 19 - 22, 2017 $86,708.00 Executed on the day and year below written: CONTRACTOR COMMITTEE Carr Pro Rodeo Eagle County Fair & Rodeo 10-27-14 Pete Carr, Owner Date Authorized Signature / Date 5323 Spring Valley Road, Suite 300, Dallas, I.'X 75254 (072086-92';8 1;'ax 1972 ,i i86-75.97 . AC to CERTIFICATE OF LIABILITY' INSURANCE DATE(MMIDDIYYYY) �....�- O 1/29/2015 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 E"`T April Burns Moseley Insurance (AHD No CYl): 903-887-2771 cFAAX No?03-887-4 82 P.O.Box 1299 E-MAIL aprilb@moseleyins.com ADDRESS: , Mabank,TX 75147 INSURER(S)AFFORDING COVERAGE _ NAIC* INSURERA: Scottsdale Insurance Company INSURED INSURERS: Carr Pro Rodeo,Ltd. 5323 Spring Valley Road#300 INSURER _— ; _— Dallas,TX 75254 INSURERD INSURER E: _ 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 ADM.SUER POLICY EFF POLICY EX? LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER _hMMIDD/YYYY) (MMIDDTYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000.000 DAMAGE TO HEN TED X 1 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000.___�- CLAIMS-MADE I X 1 OCCUR J CP52035406 MED EXP(Any one person) $5 000 A 06/26/14 06/26/15 PERSONAL BADV INJJRY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE L IMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 PROT- X POLICY�„F(: LOC $ AUTOMO BILE LIABIL1 , COMBINED SINGLELIiar I (Es sodden:I $ "--" ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULEn BODILY INJURY(Per accident) 5 AUTOS NON-OWNED PROPERTY DAMAGE $ ,HIRED AUTOS _ AUTOS per ecddenl _ UMBRELLA LIAB OCCUR FE E EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION 1 W STATU- I OTH- I AND EMPLOYERS'LIABILITY SGRY.LIMRS FR AM'PROPRIETOR/PARTNER/EXECUTIVE Y N N r A FT E L.EACH ACCIDENT $ OFFICEIMTMBER EXCLUDED? (Mandatory inNIt —" E.L.DISEASE-EA EMPLOYEE $ II yes.describe under DF-CRIPTION OF OPERATIONS Mow Et.DISEASE-POLICY LIMIT $ ri n DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,IF more space Is required) Description: Eagle County Fair& Rodeo, Eagle, CO Eagle County Fairgrounds July 22-25, 2015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500 Broadway ACCORDANCE WITH THE POLICY PROVISIONS. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE Deft eCV0 Oft Don Carson ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPS2035406 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations " Eagle County its associated or affiliated entities, Eagle County Fairgrounds its successors and assigns, elected officials, 426 Fairgrounds Road employees, agent and volunteers" Eagle , CO 81631 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ($250.00 Fully Earned) A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed, or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 • C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc.. 2012 CG 20 10 04 13