No preview available
HomeMy WebLinkAboutC21-128 Mountain West ProductionAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN WEST PRODUCTION THIS AGREEMENT (“Agreement”) is effective as of _______________________, by and between Mountain West Production (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the Contractor to provide stage, sound and lighting during the annual Eagle County Fair and Rodeo located at 0426 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 1 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. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) 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 21-24, 2021 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. c.Contractor agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 4/26/2021 C21-128 2. County’s Representative. The Facilities Management Department’s designee 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 12 hereof, shall continue in full force and effect through the 31st of August, 2021. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by 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 compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $13,948.20. 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. County will provide a one double occupancy hotel room with a check in starting 7/20 and with a check out on 7/25/2021. Hotel for the Contractor will be selected by Eagle County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Contractor and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Contractor shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 d. County will not withhold any taxes from monies paid to the Contractor here under 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. e. 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). 6. Sub-consultants. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Contractors hall not enter into any sub-Contractor agreements for the performance of any of the Services or additional services without County’s 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 sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-Contractor hired by Contractor and Contractor shall cooperate in such process. The Contractors hall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 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. 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, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to the County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 insurance is on a claims-made basis, the Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. 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. ii. Contractor’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Contractor and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Contractor and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Contractor’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Contractor’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Contractor’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Contractor shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Contractor’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Contractor shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 ix. If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. 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. xii. Contractor is not entitled to workers’ compensation benefits except as provided by the Consultant, 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 sub-consultants 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 claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Contractor in connection with the Services shall become property of County. Contractor shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Contractor(including any employee or sub- contractor in connection with the performance of the Services and additional services under 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 party 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 DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 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: Tanya Dahlseid 0794 Fairgrounds Road Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8892 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: 970-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: Mountain West Production Group Attn: Steve Franseen 10906 Livingston Dr Northglenn, CO 80234 Telephone: 720-296-1548 Email: Events.MWPG@gmail.com 11. Coordination. Contractor acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Contractor shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Contractor from time to time, and Contractors hall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Contractor’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Contractor shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Contractor shall be subject to any offset for the costs of such extra work. 12. 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 Consultant. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. 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. 14. 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. 15. Other Contract Requirements. a. Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. 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 Consultants performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. 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. c. 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. d. 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. DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 e. 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. f. 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. g. 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. h. 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. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Contractor shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Contractor shall fully cooperate during such audit or inspections. 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. l. The Consultant, 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. 16. Prohibitions on Government Contracts. As used in this Section 16, 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. DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 a. Contractor shall not: i. 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: https://www.uscis.gov/e-verify 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: i. 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 Contractors hall 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. Contractors hall 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 shall 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. DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 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 Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 President Steve Franseen EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 Mountain West Production Group 720 296 1548 Mountain West Production Group 10906 Livingston DR Northglenn, CO 80234 US (720)296-1548 Events.MWPG@gmail.com www.mwproductiongroup.com Estimate ADDRESS Eagle County Fair ESTIMATE #1976 DATE 11/11/2019 DATE ACTIVITY QTY RATE AMOUNT 07/21/2021 24' Trailer Stage Covered Mobile Trailer Stage LOAD IN 7-20-21 NO ADDITIONAL CHARGE 4 Day event 7-21-21 to 7-24-21 Music from 4PM - Midnight nightly - approx. Staging Services - "MAP24" 24' Mobile, Covered, Trailer Stage - Base Price: $1600 Deck: 24' wide 16' deep 3.5' high Options: 2 Sets of stairs - Included Backdrop - YES - (Add $50) Sound Wings - NO - (Add $100) Roof Banner Mounts - YES - (Add $100) Vertical Side Banner Mounts - (Add $50) (requires sound wings) Delivery, Set and Strike included Stage Branding services 24x16 - 1Hr Graphic Design & Delivery - $100 - NO Backdrop (Mesh) 286"x60" $630 - NO Stage Roof 284"x32" $340 - NO Vertical side banners (MESH) 48"x136" $475- NO Stage Skirt 284"x45" $572 - NO Sound Wing Banners (add on to the skirt banner) (2x 46"x45") $100 - NO *Note: One hour of graphic design and delivery charge is required for any banners. Additional hour of graphic design $55. MWPG to retain ownership of banners. *** NOTE MWPG May substitute a similar 25' stage (identical to the stage you have had the last several years) at no extra cost. Please consult with MWPG roughly four weeks prior to verify stage model and banner sizing. *** Regardless, MWPG will require a NEW header banner be printed this year!!! Old one is worn out.*** 2.80 1,750.00 4,900.00 DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 Mountain West Production Group 720 296 1548 DATE ACTIVITY QTY RATE AMOUNT 07/21/2021 Sound Services C LOAD IN 7-20-21 NO ADDITIONAL CHARGE 4 Day event 7-21-21 to 7-24-21 Music from 4PM - Midnight nightly - approx. *** We are expecting one headlining band and one support act per night.*** Sound Services Main System: Line Array - 8 box Dual 7" Active Line array system. Large tripod stands for above 4x Dual 15" subs DBX Driverack system processor QSC PLX power Speaker cable as needed Monitors 5x 12" Coaxial wedges each on their own mix 1x Dual 15” Drum Fill QSC PLX power FOH/Mon Processing Allen&Heath QU-24 digital mixing console Optional Digital Snake for above Wireless iPad remote for above Misc Festival mic pack (Shure, Audix, Sennheiser etc.) Large XLR cable pack Sub snakes as needed Stands as needed Stage power distribution 240 volt Power Distro We will need one dedicated 50amp 240 volt “twistlock” electrical service. Or we will need a minimum of 6x dedicated 20 amp, 110v Electrical circuits at the stage location for audio. At least one must be NON GFCI protected) Unless otherwise noted all delivery, setup, audio tech, stage hand, and strike labor is included in this price. 2.80 1,725.00 4,830.00 07/21/2021 Stage Lighting LOAD IN 7-20-21 NO ADDITIONAL CHARGE 4 Day event 7-21-21 to 7-24-21 Music from 4PM - Midnight nightly - approx. Lighting Fixtures 16 high output 3-in-1 RGBW LED fixtures 8x US Wash 8x DS Wash 4x Moving head lights (LED based movers) Control: Computer based DMX Control Platform Tactile Midi interface Power and Data cabling as needed Delivery, Set, Run Strike included Three day event. Lighting operator when dark. MWPG will require 2x 20 AMP electrical circuit for all lighting 2.80 750.00 2,100.00 07/21/2021 Sound Services - Misc LOAD IN 7-20-21 NO ADDITIONAL CHARGE 4 Day event 7-21-21 to 7-24-21 2.80 850.00 2,380.00 DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 Mountain West Production Group 720 296 1548 DATE ACTIVITY QTY RATE AMOUNT Sound Services: Additions to Arena sound system: Mains: 4x Small format line array boxes 2x crank up lifts for above Pole mount kit for line array mains 2x Dual 15" subs Power amps for above System Processor Monitors: 2x Active PA speakers for Rodeo Chute monitors 1x Active 12' 2 way PA main for - west gate monitor 600 ft Power and signal cable for above 3x tripod speaker stands Misc: Custom made cabling to allow interface with house system approx 2.5 hours of calibration labor on 7-21-21 to properly dial in overall processing and delay of house system and additions to it. System Processor for above Wireless iPad remote control for above Dust Covers/Rainbags! All Delivery, Set, Run and Strike included 07/21/2021 Note STEVE FRANSEEN has produced this Estimate or Invoice for you. You can reach STEVE FRANSEEN at 720.296.1548 or email Steve.MWPG@gmail.com ** Note: This estimate includes package pricing. Unless otherwise stated, changes in line item quantities or overall needs may reflect in line item pricing changes. Note: 1. Overall discount only applies if MWPG is used for all services listed. 2. Line item quantity reflects a 40% discount on 2nd, 3rd, and 4th event days.. 3. MWPG will require Overnight security 7-20-21, 7-21-21, 7-22-21, 7- 22-21, 7-23-21, 7-24-21 4. MWPG will require one double occupancy hotel room from as close as reasonable to the venue 7-20-21, 7-21-21, 7-22-21, 7-22-21, 7-23- 21, 7-24-21 (6 nights) Payment: 50% due minimum of 15 days prior to the event commencement, remainder due within 15 days of event conclusion. Failure for Client to provide payment a minimum of 15 days prior to the event commencement will result in payment in full being due at time of load in. If payment in full is not received by MWPG within the stated time frame, a late fee may be imposed by MWPG at it's discretion. Such a late fee would be considered: 5% The outstanding amount per day (compounding) with a maximum of 200% of the outstanding amount. Any late fees will be added to final amount due MWPG. 1 0.00 0.00 07/21/2021 Sound Services - Misc Boot Stompin Band Competition Additions - If necessary Upgrade from 24 to 32 channel mixing console Upgrade from 24 to 32 channel digital snake Add Extra mics Add Extra mic cables Add Mic stands (1/2 pack) 2.80 360.00 1,008.00 DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 Mountain West Production Group 720 296 1548 DATE ACTIVITY QTY RATE AMOUNT 07/21/2021 Cable Ramps Cable Ramps Package of 10 2.80 100.00 280.00 Attached is your estimate, Please take a moment to read over it thoroughly. We would be happy to answer any questions you have or make revisions if needed. If you would like accept this ESTIMATE please sign and return or reply using the word "confirmation" in you email. This estimate is valid for a minimum of two weeks from issue date. MWPG may contact you sooner if other bookings effect the availability of the services to be provided on this estimate. Assuming everything looks good with the attached invoice, we will happily send you an INVOICE right away. Unless otherwise noted, this estimate does not cover any insurance, security, permit, union, or venue related charges fees, or taxes. We look forward to working with you! Mountain West Production Group 720 296 1548 SUBTOTAL 15,498.00 DISCOUNT 10%-1,549.80 TOTAL $13,948.20 Accepted By Accepted Date DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 EXHIBIT B Insurance Certificate DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/16/2021 (805) 537-0148 10200 Mountain West Production Group, Inc. DBA: SFA, LLC 10906 Livingston Dr Northglenn, CO 80234 A 1,000,000 US UEN 2741809.21 4/24/2021 4/24/2022 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A Miscellanous Equip US UEN 2741809.21 4/24/2021 Deductible $1,000 160,000 A Owned / Rented US UEN 2741809.21 4/24/2021 4/24/2022 R/C Special Form Certificate Holder is included as Additional Insured and/or Loss Payee as required by written contract or agreement but only as respects losses arising from the operations of the Named Insured. Blanket Additional Insureds included for equipment and vehicle rental companies. Eagle County PO Box 850 426 Fairgrounds Road Eagle, CO 81631 MOUNWES-03 KATHLEENMORGAN NFP Property & Casualty Services, Inc. 2450 Tapo Street Simi Valley, CA 93063 Kathleen Morgan Katie.Morgan@nfp.com Hiscox Insurance Company Inc. 4/24/2022 X X X DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. NFP Property & Casualty Services, Inc. MOUNWES-03 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Mountain West Production Group, Inc. DBA: SFA, LLC 10906 Livingston Dr Northglenn, CO 80234 SEE PAGE 1 KATHLEENMORGAN 1 CONTRACTUAL INSURANCE REQUIREMENTS The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. NFP Property & Casualty Insurance Services, Inc. CA LICENSE #0F15715 2450 TAPO ST SIMI VALLEY, CA 93063 TELEPHONE: (805) 579-1900 FAX: (805) 579-1916 DocuSign Envelope ID: FA577A78-9DB8-408E-B6BB-928E61310436