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HomeMy WebLinkAboutC06-027 AGREEMENT FOR SOUND ;Jf)D1, THIS AGREEMENT is dated as of the day ofj;,,,uof ,~by and between Eagle County, Colorado, a body corporate and politic, actin by and through Its Board of County Commissioners (hereinafter called "Owner"), and Benie Bendele (hereinafter called "Contractor"). Owner and Contractor, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK Contractor shall complete all work as specified or indicated in the Contract Documents ("Work"). The Work is generally described as: ARTICLE 2 - OWNER'S REPRESENTATIVE The Contractor is under the authority of the Eagle County Fair & Rodeo, the Director of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before Auqust 5th, 2006 3.2 Contractor agrees to provide sound services for the 2006 Eagle County Fair & Rodeo for the following dates: July 29,2006 Bull Riders Classic 8:00pm August2,2006 PRCA 8:00 pm August 3, 2006 PRCA 8:00 pm August 4, 2006 PRCA 8:00 pm August 5, 2006 PRCA 8:00 pm ARTICLE 4 - CONTRACT PRICE 4.1 Bendele will provide: a) Appropriate musical accompaniment (mix only) (Technician for sound system operation and monitoring) b) Computer generated music and sound effects, mix only for all events, Pre-show to pro-show, specialty acts and clown acts as needed during the performance of the Mr.T Bull Riding and the PRCA Rodeo. c) Music technician for all performances. Agreement Page I 4.2 The County shall pay Contractor the sum of Six Thousand Three Hundred Dollars ($6,300.00) on Saturday, August 5, 2006 4.3 The County will provide: a) Hotel accommodations at the Fair & Rodeo host hotel for the evenings of July 28th thru August 5th 2006. b) Allow adequate set up time of equipment necessary for job. c) Allow set up area as close to announcer as possible. 4.4 Pursuant to the provisions S24-91-103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy-granting provision in the Agreement. 4.5The Board of County Commissioners for Eagle County is a governmental entity. All obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5 - Contractor's REPRESENTATIONS In order to induce Owner to enter into this Agreement Contractor makes the following representations: 5.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 5.2 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 5.3 In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. Agreement Page 2 ARTICLE 6- CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 6.1 This Agreement. 6.2 The parties acknowledge and agree that the terms and conditions of this Agreement (6.1) shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 7- MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 7.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 7.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 7.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 7.5 INTEGRATION: This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no Agreement Page 3 representations about any of the subject matter hereof accept as expressly set forth in the Contract Documents. 7.6 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: To Contractor: Benje Bendele 855 CR 6712 Natalia, TX 78059 Business #: 1-210-912-0914 Fax #: 1-830-772-3036 To Owner: Brad Higgins - Director Fair and Rodeo Manager Eagle County P.O. Box 250 Eagle, CO 81631 Telephone: 970-328-3646 T elefax: 970-328-3546 Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and FAX notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. . .. .. . [Signature page next page] . .. . .. Agreement Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. Chairman J!!. STATE OF ) ) ss: Cou nty of day ~f f1 !7JlrY!})VI ,2005, came b(1fore me, a notary. f , known to me to be the 0n+r<u'n,(2.., L f3Qf)f of td- , who acknowledged to me that he executed the foregoing document, t at he executed it in that capacity, and that the same was the act of the entity identified in the document as "Contractor" . e EVELYN V. AtffiJ My commission expires: 1t Notary Public State QfTexa5 ~~ My Camm. Exp. 03-12-2006 Notary Public Agreement Page 5