HomeMy WebLinkAboutC08-082.,,
• AGREEMENT BETWEEN EAGLE COUNTY AND RYAN RODRIGUEZ FOR THE
BARREL MAN SPECIALTY ACT AT THE 2008EAGLE COUNTY FAIR AND RODEO
THIS AGREEMENT is dated as of the 11T" 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 Ryan Rodricuez
(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"). The Work is generally described as the provision of entertainment for the
2008 Eagle County Fair and Rodeo, more specifically described as the Barrel man
Specialty Act in compliance with the Pro Rodeo Cowboys Association (~PRCAn).
ARTICLE 2 -COUNTY'S REPRESENTATIVE
The Contractor is under the authority of the Eagle County Fair & Rodeo, the Director of
which, or his designee, shall be County'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 August 2nd, 2008
3.2 Contractor agrees to provide Barrel man and specialty act for thAe 2008 Eagle
County Fair & Rodeo for the following dates:
July 30, 2008 PRCA 8:00 pm
July 31, 2008 PRCA 8:00 pm
August 1, 2008 PRCA 8:00 pm
August 2, 2008 PRCA 8:00 pm
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 Upon Contractor's completion of the Work described herein, the County shall
pay Contractor the sum of Six Thousand Dollars ($6,000.00) on Saturday,
• August 2nd, 2008.
4.2 The County will also provide contractor with hotel accommodations at the Fair &
Rodeo host hotel for the evenings of July 30th thru August 2nd, 2008. County
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• 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 a remedy-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 performance of the Work.
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 pertorming 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
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• 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 Prohibitions on Public Contract for Services.
A. The Consultant shall not knowingly emplo or contract with an
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illegal alien to perform work under the public contract for services; or enter
into a contract with a subcontractor that fails to certify to the Consultant
that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under the public contract for services.
B. The Consultant shall confirm or attempt to confirm through
participation in the Basic Pilot Verification program, as administered by the
United States Department of Homeland Security, that the Consultant does
not employ any illegal aliens. If the Consultant is not accepted into the
Basic Pilot Verification Program prior to entering into a public contract for
services, the Consultant shall apply to participate in the Program every
three months until the Consultant is accepted or the public contract for
services has been completed, whichever is earlier. Information on
applying for the Basic Pilot Verification Program can be found at:
httas://www.vis-dhs.com\employerrecistration
C. The Consultant shall not use the Basic Pilot Verification Program
procedures to undertake pre-employment screening of job applicants
while the public contract for services is being performed.
D. If the Consultant obtains actual knowledge that a Subcontractor
• performing work under the public contract for services knowingly employs
or contracts with an illegal alien, the Consultant shall be required to:
i. Notify the Subcontractor and the County within three days
that the Consultant has actual knowledge that the
Subcontractor is employing or contracting with an illegal alien; 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 illegal alien; except that the
Consultant shall not terminate the contract with the Subcontractor if
during such three days the Subcontractor provides information to
establish that the Subcontractor has not knowingly employed or
contracted with an illegal alien.
E. The Consultant 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.
F. If a Consultant violates these prohibitions, the County may
terminate the contract for a breach of the contract. If the contract is so
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_, . .
• terminated, the Consultant shall be liable for actual and consequential
damages to the County.
7.7 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:
To County:
Ryan Rodriguez
675 Park St.
Phillipsburg, KS 67661
Cell phone:785-543-4872
telefax: 785-543-6105
Brad Higgins -Director
Fair and Rodeo Manager
Eagle County
P.O. Box 250
Eagle, CO 81631
telephone: 970-328-3646
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on
the date first above written.
"County":
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST BOARD OF COUNTY
COMMISSIONERS
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Clerk of the oard of ~ Peter F. Run on,
County Commissioners c°tOSp°p Chairman y
RYAN RODRIGUEZ
STATE OF
COUNTY OF
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Notary Public
instru a was acknowledged before me /~/ 's__ ~~~~Y
2008.
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