HomeMy WebLinkAboutC16-187 A Great Northern A'FairAGREEMENT FOR SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND ,-1
A GREAT NORTHERN A'FAIR @
THIS AGREEMENT ("Agreement") is effective as of the fr-t^ro, F ln^tro\ ,#Eay ura
between A Great Northern A'Fairo an Arizona corporation (hereinafter "Contractor") and Eagle County,
Colorado, a body corporate and politic (hereinafter "County").
RECITALS
WHEREAS, County desires to have Contractor provide a variety of adult and children's rides, games,
food and confection concessions at the Eagle County Fairgrounds (the "Projecf') located at0794
Fairgrounds Road, Eagle, Colorado (the "Property"); 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, TI{EREFORE, in consideration of the foregoing and the following promises Contractor and
County agree as follows:
l. 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 ('oServices" or
ooWork") which is attached hereto and incorporated herein by reference. The Services shall be performed
il accordance with the provisions and conditions of this Agreement. County shall provide Contractor
with a suitable location and exhibition site for its rides, with reasonable access to water at the Property.
a. Contractor agrees to furnish the Services no later than July 18, 19, 20,21,22 and23,
2016 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. Coun8's Representative. The Fair and Rodeo Department's designee shall be Contractor's
contact with respect to this Agreement and performance of the Services.
Eagie County Comrrrissioners' OfficeC16-187
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and
subject to the provisions of paragraph l1 hereof, shall continue in full force and effect through the 23'd
day of July,20l6.
4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any
obligations hereunder be waived, except by written agreement 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 not be responsible for compensating or paying for the Services set
forth herein. Instead, Contractor shall pay County a portion of its ticket sales and may retain a portion of
its sales as follows:
a.
Tickets shall
b.
Ride tickets are $ 1 .00 for one ticket, $25.00 for thirty tickets, $50.00 for sixty tickets.
be good for and accepted for rides each day during the Eagle County Fair and Rodeo.
On-Site unlimited ride wristbands are 530.00 each and are good for one day only.
Pre-Sale ride tickets are $20.00 each and are good for one day only.c.
Contractor shall pay County twelve and half percefi(12.5%) of all onsite ride gross ticket sales
and thirty (30%) of all presale ride tickets. Contractor may retain the proceeds not due to County under
this Agreement.
All tickets sales, include both presale and onsite ticket sales must be reconciled by and payment
of all sum due to County shall be made by Contractor to County no later than July 24,2016.
6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the performance of any of the Services or additional services without
Count;ios prior written consent, which may be withheld in County's sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its reasonable
discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by
County and to the extent of the Services to be performed by the subcontractoro 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 right (but not the
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Eagle County General Services Final 5/14
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
followins insurance coverase with limits of liabiliW not less than those stated below:
Types oflnsurance.
Workerso Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident
combined bodily injury and property damage liability insurance, including coverage for owned, hired, and
non-owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personaVadvertising injury, products/completed operations, broad form property damage with limits of
liability not less than $ 1,000,000 per occuffence and $2,000,000 aggregate limits. This policy shall be
endorsed to include covefage for physicaVsexual abuse and molestation.
b. Other Requirements.
The automobile and 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.
lll.
termination hereof.
The insurance provisions of this Agreement shall survive expiration or
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
offrcials, employees, agents and volunteers.
v. Contractor is not entitled to workers' compensation benefits except as
provided by the Contractor, nor to unemploynent 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.
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Eagle County General Services Final 5/14
8. Indemnification. The Contractor shall indemniff 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, liabilif 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 claims without regard to
the involvement of the Contractor. This paragraph shall survive expiration or termination hereof.
9. Ownership of Documents. All documents (including electronic files) and materials obtained
during, purchased or prepared in the performance of the Services shall remain the property of the County
and are to be delivered to County before final payment is made to Contractor or upon earlier termination
of this Agreement.
10. 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 sent via facsimile so long as the sending parly can provide
facsimile machine or other confirmation showing the date, time and receiving facsimile number for the
transmission, or (v) 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 parly.
COUNTY:
Eagle County, Colorado
Attention: Tanya Dahlseid
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone : 97 0 -328 -8892
Facsimile: 97 0-328-8899
E-Mail: tanya.dahlseid@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 97 0-328-8699
E-Mail : atty @eaglecounty. us
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Eagle County General Services Final 5/14
CONTRACTOR:
Tim and Dana Mattfeldt
A Great Northern A'Fair
6207 West Paradise Lane
Glendale, Arizona 85306
Telephone: (623) 203-5 565
Facs im i le : (602)863 -2823
Emai I : mrian 463 @aol.com
1l. 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 seven (7) calendar days' prior written
notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide
County with all documents as defined in paragraph t hereof, in such format as County shall direct and
shall return all County owned materials and documents. County shall pay Conhactor for Services
satisfactorily performed to the date of termination.
12. Venue" Jurisdiction and Applicable Law. Any and all claimso disputes or controversies related to
this Agreement, or breach thereof, shall be litigated in the District Court for Eagle Counff, 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.
13. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in fwo or
more counterpartso 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.24-7I.3-101 to 121.
14.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 local conditions, federal, state and local laws,
ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services.
b. Contractor will make, or cause to be made, examinations, investigations, and tests as he
deems necessary for the performance of the Services.
c. To the extent possible, Contractor has correlated the results ofsuch observations,
examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement.
d. To the extent possible, Contractor has given County written notice of all conflicts, errors,
or discrepancies.
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Eagle County General Services Final 5/14
e. 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 ofany 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
Agteement.
f. 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.
g. 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.
h. 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.
i. 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.
j. 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.
k. 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 are reserved solely for the parties, and not to any third party.
l. No failure or delay by either parly 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.
m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
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Eagle County General Services Final 5/14
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, ifa natural person eighteen (1 8) years ofage 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.
15. 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-verifr 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.
Contractor shall not:
Knowingly employ or contract with an undocumented individual to perform
Services under this Asreement or
ii. Enter into a subcontract that fails to certif, 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-Verifu
Program or Department Program, as administered by the United States Department of Homeland
Security. Information on applying for the E-verifu program can be found at:
Lruu/luwu. dhlguy/xprclprelltrrturuiVsLU $:?lli]-! -L r0;lrtn
Contractor shall not use either the E-verify program or other Department Program
procedures to undertake pre-employment screening ofjob 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:
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Eagle County General Services Final 5/14
i. Notit/ 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- I 7. 5 - I 02(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 shall be liable for actual and consequential damages to County as required by law.
g. County will notifu the Colorado Secretary of State if Contractor violates this provision of
this Aereement and Countv terminates the Agreement for such breach.
IREST OF PAGE INTENTIONALLY LEFT BI,ANKJ
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Eagle County General Services Final 5i14
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth
above.
COLTNTY OF EAGLE, STATE OF COLORADO, BY
and Through Its COUNTY MANAGER
CONTRACTOR:
A GREAT
By:
fl -/ \\
'Pi11", 16 Oh)r (A-
9
Eagle County General Services Final 5/14
EXHIBITA
SCOPE OF SERVICES. SCHEDULE. FEES
l0
Eagle County General Services Final 5i14
EXHIBIT A
SCOPE OF SERVICES
During the 20L5 Eagle County Fair and Rodeo Contractor shall supply and adequately staff the
following Services:
L. Ferris wheel
2. Sizzler ride
3. Para-trouper ride
4. Space shuttle ride
5. Aladdin ride
6. The Hammer
7. Flying Pink Elephant
8. Bee Ride
9. Kid Tower
10. Car Rude
11. Fun House
t2.Top Balloon Swing
11
EXHIBIT B
INSURANCE CERTIFICATE
ll
Eagle County General Services Final 5/14
.qconif CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
s/25/20L6
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATTVELY AMENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT EETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lt SUBROGATION lS WAIVED, subiect 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
Koty-Leavitt Insurance Agency, Inc.
6992 E. Broadway Blvd
Tucson Az 85710-2803
:Xl!i"'*Racher Dias
fjfS\1 ,-,. (520)571-1900 ili6 no,, ts2o)57r-e661
F.ll$l.". rachel-dias 6leavitt . com
INSURER{SI AFFORDING COVERAGE NAIC f
tNsuRERA:Travelers Propertv & casualtv 36 151
INSUNED
A Great Northern A'Fair, Inc.
PO Box 1052
Wickenburs AZ 85358
INSURER B :
INSURER C :
INSURER D :
tNqileFe F '
INSURER F
COVERAGES CERTIFICATE NUMBER:1 6 / 1 7
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 8Y 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.
COMMEBCIAL GENEBAL LIABIUTY
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CERTIFICATE HOLDER CANCELI.ATION
TANYA . DAHLSE I D@EAGLECOUNTY
I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
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426 FATRGROUNDS ROAD I ACCORDANCE wlTH THE POLICY PROVISIONS.
EAGLE, CO 81631
*Racher Dias/RACHE" / '< 2 =-
@ 1988-201 4 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 2s (2O141O1)
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^COG CERTIFICATE OF LIABILITY INSURANCE
POI TXE CERT]FICAIE HOLDER TIII8
CERIFTCAIE DOES ilOT AFF|RI|AT]VELV on teomvELv AllENO, EXtEtlD OR ALTER THE COVERAGE AFFORDED BY THE roi9j::vEnttrtv^r5
8ELOW. THIS CERNRCATE OF IIISURA]ICE OOES NOT COilSNTUTE A COilTRACT BETWEEil THE ISSUIXG IIISURER(g}' AUTHORIZEO
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STEPAN AGENCY. rNc.
/O7 VERMILUON STREET
HASnNGS mN 55(133
n8uneD A GREAT NORTHERN A'FAIR, LLC
620' U\,ESTPARADISE LANE
GLENDALEAZ 85306
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TTONATEO. NOT\MTHSTA}IDING AilY REQUIREMETT, IERM OR CONOMOI{ OF AilY COT|TRACT OR OTHER DOCUMEHT VIITTI RESPECT TO I'|IIIC}I THIS
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EAGLECOUilTY
C'O TANYA DAHLSEID
(X26 FAIRGROUNDS RO
EAGLE, COLORADO 81631
19E8-20t4 CORPORATION. All rlghE nsened.
The ACORD mme end logo are reglotemd marts of ACORD
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