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HomeMy WebLinkAboutC08-146~' AGREEMENT BETWEEN EAGLE COUNTY AND GERARDO "JERRY" DIAZ PRODUCTIONS, INC. FOR THE MEXICAN EQUESTRIAN SHOW AT THE 2008 EAGLE COUNTY FAIR AND RODEO THIS AGREEMENT is dated as of the ~ day of 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 Gerardo "Jerry" Diaz Productions, Inc. (hereinafter called "Contractor"). County and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 -WORK Contractor shall complete all production work as specified or indicated in Exhibit "A," attached hereto and incorporated herein by this reference. ("Work"). The Work is generally described as the provision of entertainment for the 2008 Eagle County Fair and Rodeo, more specifically described as the Mexican Equestrian Show, in compliance with the Pro Rodeo Cowboys Association ("PRCA") regulations. 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 Contractor agrees to provide the Mexican Equestrian Show for the 2008 Eagle County Fair & Rodeo on July 27, 2008. 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 Twenty Nine Thousand, Seven Hundred Fifty Dollars ($29,750.00). Six Thousand dollars to be paid on May 15, 2008 and the remaining $23,750.00 to be paid on Sunday, July 27, 2008. Contractor shall not be entitled to a percentage of the profits gained through ticket sales. 4.2 The County will also provide contractor with hotel accommodations at the Fair & Rodeo host hotel for the evenings of July 26, 2008 and July 27, 2008. County will arrange for six (6) rooms (one king and five doubles) each night 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, l r ~~ 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 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 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 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. 5.4 Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until the contract has been fully performed and Agreement Page 2 .- ~ ~,. Contractor has departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conduct that line of insurance business in the state of Colorado. The Contractor understands that the County does not provide the above referenced insurance for the Contractor 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 Exhibit A 6.2 The parties acknowledge and agree that the terms and conditions of the Agreement (6.1) shall supersede and control over any inconsistent or contrary provision in the attached Exhibit A. 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 ~t 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 employ or contract with an illegal alien to perform wprk 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: https://www.vis-dhs.com\employerregistration 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 Agreement Page 4 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 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 or (ii) mailed in the United States mails, first class postage prepaid, to the appropriate party at the following addresses: To Contractor: Gerardo "Jerry" Diaz Productions, Inc. Attn: Gerardo "Jerry" Diaz 685 Three Mile Creek Ranch Road New Braunfels, Texas 78130 Phone: (830) 629-2226 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. Either party can change its address for notice by notice to the other in accordance with this paragraph. II REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // . `, IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. ATTEST COMMISSIONERS Clerk of the Bc~ird of County Commissioners ~~ STATE OF ) - ) SS. COUNTY OF ~~ ) COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY GERARDO "JERRY" DIAZ PRODUCTION, INC. The fore oing instrument was acknowledged before me by ~ ~/'2r~b ,~% ~ ~ this day of , 2008. k My comm' sio expir ~~ ~ ,G, ~ ' .~~~ ~ o~~Y P~ - `~ ~W' ~ ~~ v SCROLL ~'L` ~''~ Picstary Public Nota lic ~r\y~~~ , State of Texas ~ '~.Fq~{ Comm. Expires 03-03-2011 Agreement Page 6 X34(= ~ 0 kt~v r'~ EXHIBIT A 2008 Eagle County Fair and Rodeo "Mexican Equestrian Show" Submitted to: Eagle County Fair and Rodeo Re: Eagle County, Colorado Fair "Mexican Equestrian Show" Production date: Sunday, July 27, 2008 Production Cost: $29,750.00 Production Includes: Gerado "Jerry" Diaz Productions Inc. to include: • Performance by Gerardo "Jerry" Diaz roping & horse presentation charro style • Staci Diaz horsemanship "Dancing Horse" • Special appearance by four year old Nicholas Diaz • Production -One hour fifteen minutes • Organization • Direction • Bi-lingual announcer • Assistant Director to Jerry Diaz -John McLandrich • Light and Sound consulting • Consultation • Media participation • Personal staff 1. Mariachi Los Galleros de San Antonio, Texas 2. Horse transportation (all performing horses) 3. Show horses - 5 to 7 4. Costumes and wardrobe 5. Available for TV/Radio promotions - (Jerry is available all day Saturday and limited during performance date). 6. Gerardo "Jerry" Diaz staff and staff expenses 7. National Anthems played by mariachi band (Mexican and American) 8. Dancing horses 9. Roping demonstrations 10. Female singer - Kasi Luna Items provided by Eagle County Fair and Rodeo 1. Hotels - 6 rooms (one king and five doubles) for two nights 2. Coliseum, ushers, stagehands, arena crew 3. Security 4. Concessions 5. Insurance 6. Programs 7. Ticket printing and ticket sales 8. Decorations 9. Advertising and promotion (Television, Radio, Flyers, Posters, etc.) 10. Full arena accommodations 11. Staging (to be reviewed and approved by both Jerry Diaz and Eagle County) 12. Stalls, hay and shavings for 7 show horseslthree days 13. Eagle County Fair and Rodeo to provide "Gerardo Jerry Diaz Productions Inc." an advance payment of $6000.00 at least 45 days prior to the event. 14. Two courtesy 15 passenger vans 15. Credentials and parking for all participants 16. Dressing rooms 17. Sound and staging • Sound equipment (Microphones, music stands, stand lights, four monitors, etc.) for 10-12 mariachis and rodeo announcer. • Sound technician(s) • Announcer microphone • One hand held cordless microphone for singer • One head set for Jerry • Two hand held radios (if available) Special clauses: 1. Gerardo "Jerry" Diaz Productions Inc. reserves the right to use at its own discretion advertising and/or promotion material generated by this production. 2. Any remuneration generated from sponsorship provided by Gerardo "Jerry" Diaz and/or Gerardo "Jerry" Diaz Productions Inc. will be negotiated with Eagle County Fair and Rodeo. 3. For promotion purposes Jerry should be referred to as "Gerardo Jerry Diaz El Charro de Corazon. 4. In case of rain out, Gerardo "Jerry" Diaz Productions Inc. will be paid full production cost. Gerardo "Jerry" Diaz reserves the right to royalties, residuals and/or remuneration generated by the use of Gerardo "Jerry" Diaz videos, music or any items or products identified by or as Gerardo "Jerry" Diaz or Gerardo "Jerry" Diaz Productions Inc.