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HomeMy WebLinkAboutC18-061 Optimum Event ConcessionsFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND OPTIMUM EVENT CONCESSIONS, LLC THIS FIRST AMENDMENT ("First Amendment") is effective as of 03/12/2018 by and between Optimum Event Concessions, LLC, a Colorado limited liability company (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 1P day of July, 2017, for certain Services (the "Original Agreement"); and WHEREAS, the Original Agreement contemplated that the Contractor would perform certain Services for the 2017 Eagle County Fair and Rodeo with compensation in an amount not to exceed $6,000.00; and WHEREAS, Exhibit A of the Original Agreement established annual management fees for years 2018 and 2019, should the parties decide to extend the term of the Original Agreement; and WHEREAS, the County desires to have Contractor perform the same Services as set forth in Exhibit A of the Original Agreement for the 2018 Eagle County Fair and Rodeo; and WHEREAS, the term of the Original Agreement expires on the 13'i' day of July, 2018, and the parties to extend the term for an additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Contractor shall provide the same Services as described in Exhibit A of the Original Agreement to be performed at the 2018 Eagle County Fair and Rodeo on the following dates: July 25, July 26, July 27 and July 28, 2018. 2. The compensation for the Services to be performed at the 2018 Eagle County Fair and Rodeo shall not exceed $6,750.00 as established in Exhibit A of the Original Agreement or a total maximum compensation under the Original Agreement and this First Amendment of $12,750.00. 3. The term of the Original Agreement is hereby extended to the 13'x' day of July, 2019. 4. Capitalized terms in the First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with modify or supplement portions of the Original Agreement, C18-061 the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this First Amendment , all terms and provisions of the Original Agreement shall remain in full force and effort, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER Kelley Collier, Deputy County Manager CONTRACTOR: OPTIMUM EVENT CONCESSIONS, LLC Prim Name: Ted Wenninger Title: Managing Director ��. CERTIFICATE OF LIABILITY INSURANCE DAT E ( M W DD;YYYY) 7/7/2017 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 Martin Insurance Group 995 Cowen Dr Unit 202. Carbondale CO 81623 INSURED Optimum Event Concessions, LLC PO Box 1644 Eagle CO 81631 CONTACT Marlae Zet„t„leo NAME: nmerY 'PHONE -6161 A {970}963- 331 E-MAIL ADDRESS: marl ane @martininsuranaegrp.oonl INSURE AFFORDING COVERAGE NAIL 0 MOURERACer'tain Underwriter's at LLo ds INSURER B Ohio Security Insurance Company 24082 INSURERCRinnaaol Assurance 41190 INSURER D USURER E 54URER F: COVERAGES CERTIFICATE NUMBER. -CLI 7 7712078 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. NSR LTR TYPEGFIlSURANCE ADDL SUBR INSD WVD POLICYNIUMBER POLICY EFF D POLICY EXP IDDIYYY LIMITS Peter Martin/MVZ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCCUR � Til RENTED DAMAES Ea accurren $ 100,000 PREMISES MED EXP (Any one person) $ Excluded 17LB1826 7/18/2017 7/18/2018 PERSONAL &ADV INJURY $ 1,000,000 GE NL AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 X POLICY I M F-1 LOC PRODUCTS - COMPIOP AGG $ 1,000,000 Liquor Liability $ 1,000,000 OTHER: ALITGMOBILE LIABILITY COMBINED 81 NWGLE OMIT $ 1,000,000 Ea accident %� ANY AUTO BODILY INJ URY [Per person] $ B ALLOWNED SCHEDULED AUTOS AUTOSWN BAS56629701 4/10/2017 4/10/2018 BODILY INJURY $ NON ED PROPERTY DAMAGE $ HIRED AUTOS AUTOS RACEE $ LUMOBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCES$ UAB OLAIMS-MADE DED RETENTION $ WORKERSCDMPENSATION I STATUTE EMPLOYERS' LIABILITY YIN AT ER ANY PROPRIETOR+PARTNERIEXECUTIVEEl E.L. EACH ACCIDENT $ 1,000,000 OFFICEMMEMBER EXCLUDED? N'A {Mandatory In NH} 4179577 1/1/2017 1/1/2018 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 000 000 DESCRIPTION OF OPERATIONS; LOCATIONS 1 VEHICLES (ACORD 101, AddillonaI Remarks Schedule, may beallached it mo re apace is required) Certificate Holder is listed as additional insured in regard to general liability where required by written contract. Liquor Liability included for scheduled events on policy per CG 21 51 09 at general liability limits CERTIFICATE HOLDER CANCELLATION ACORD 25 {2014101} INSn9-i rm,An,, ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 850 ACCORDANCE WITH THE POLICY PROVISIONS. 0495 Fairgrounds Road AUTHORIZEDREPRESENNTATIVE Eagle, CO 81531 Peter Martin/MVZ ACORD 25 {2014101} INSn9-i rm,An,, ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD