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Home My WebLink AboutC08-079a • AGREEMENT BETWEEN EAGLE COUNTY AND BENJE BENDELE TO PROVIDE SOUND FOR THE 2008 FAIR 8~ RODEO THIS AGREEMENT is dated as of the 11th day of March, 2008 ,by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "County"), and Benie Bendele(hereinafter called "Contractor"). County 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"). Contractor's Work is generally described as: a) Provision of appropriate musical accompaniment (mix only) (Technician for sound system operation monitoring); b) Provision of computer generated music sound effects, mix only for all events, Pre-show to pro-show, specialty acts and clown acts as needed during the pertormance of the PRCA Rodeo; and c) The provision of a professional music technician for all performances. • To allow Contractor to satisfactorily complete the Work, County agrees to: a) Allow adequate set up time of equipment necessary for job. b) Allow set up area as close to announcer as possible.. • ARTICLE 2 -COUNTY'S REPRESENTATIVE The Contractor is under the authority of the which, or his designee, shall be County's performance of the Work. Eagle County Fair & Rodeo, the Director of liaison with Contractor with respect to the ARTICLE 3 -CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on August 2nd, 2008. 3.2 Contractor agrees to provide sound services for the 2008 Eagle Fair & Rodeo for the following dates: July 30, 2008 July 31, 2008 August 1, 2008 August 2, 2008 PRCA 8:00 p.m. PRCA 8:00 p.rn. PRCA 8:00 p.m. PRCA 8:00 p.m. 3.3 County may terminate this Agreement at any time and for any reason or no reason upon written notice to Contractor specifying the date of termination, which date • shall be not less than ten (10) days from the date of the notice, and all rights of Contractor and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. ARTICLE 4 -CONTRACT PRICE 4.1 The County shall pay Contractor the sum of Five Thousand Four Hundred Dollars ($5,400.00) upon completion of the Work. Payment will be made on Saturday, August 2nd, 2008. 4.2 The County will provide: a) Hotel accommodations at the Fair & Rodeo host hotel for the evenings of July 29th thru August 2"d, 2008. County will arrange Contractor's hotel accommodations and will pay the nightly rate associated with said hotel accommodations. However, County shall not be held responsible for any additional charges incurred by Contractor, any damage done by Contractor or its employees, agents or invitees during Contractor's stay at the County arranged hotel. 4.3 Pursuant to the provisions §24-91-103.6, 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 County, and no amendment to this Agreement, requiring additional compensable work to be pertormed 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 County that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under aremedy-granting provision in the Agreement. 4.4 The 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 County 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 pertormance of the Work. • Agreement Page 2 _ .. • 5.2 Contractor has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by County 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 County because of the performance of any work by this Agreement. 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 County 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 representations about any of the subject matter hereof except 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 County: Brad Higgins -Director Fair and Rodeo Manager Eagle County P.O. Box 250 Eagle, CO 81631 Telephone: 970-328-3646 Telefax: 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. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // Agreement Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST ~~F~o ARD OF COUNTY COMMI IONERS e,~ e1 By: i R By' - Clerk of the Board of co~pv° Peter Runyon, County Commissioners Chairman BENJE BENDELE By: ~ ~' `~~ Title: ~ ~ ~~ ~ ~ STATE OF ) p~~~~~ j SS. COUNTY OF ' The foregoing instrument was acknowledged before me by ~i~°r''~x1~/ this /°~' day of 2008. My co fission expi : ~ -~~' -~~~~ Nota Public •