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Home My WebLink AboutC09-014 Les OhlhauserAGREEMENT BETWEEN LES OHLHAUSER AND EAGLE COUNTY COLORADO CONCERNING SERVING AS ANNOUNCER AT THE 2009 COUNTY FAIR AND RODEO THIS AGREEMENT is dated as of the 5th day January, 2009 , by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "Owner"), and Les Ohlhauser (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 August 01.2009 3.2 Contractor agrees to provide all four (4) performances of the 2009 Eagle Fair PRCA Rodeos for the following dates: July 29, 2009 PRCA 8:00 pm July 30, 2009 PRCA 8:00 pm July 31, 2009 PRCA 8:00 pm August 01, 2009 PRCA 8:00 pm ARTICLE 4 -CONTRACT PRICE 4.1 The County shall pay Contractor Eight hundred dollars ($800.00) per performance; the sum of Three Thousand Two Hundred Dollars ($3,200.00) after four performances (Saturday, August 01, 2009) 4.2 The County will also provide contractor with hotel accommodations at the Fair & Rodeo host hotel for the evenings of July 29th through August 01, 2009. 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 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 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 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. 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. Agreement Page 2 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 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. 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: Les Ohlhauser Nestle Purina 4555 York Street Denver, CO 80216 Telephone: 1-(303)750-7017; 800-346-8702 ext.451 Email: LesOhlhauser@purina.nestle.com To Owner: 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. [signature page next page] Agreement Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. "Owner": ATTEST COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY Bv: Clerk of the Board of County Commissioners STATE OF COLORADO County of Eagle By: Brad Higgins Fair and Rodeo Manager "Contract "• By: ss: On this I ,~~ day of ~ -'~~t~-~1L~ , 2009, came before me, a notary public, ~,~st i ~ ~~>,, I ~~a..t•~-~- known to me to be the t~'-~~'~a~~~'~c'-~-,-- of ~ r ~ ,..~`-~ r<.L€..~-~~ ,who acknowledged to me that he ecuted the foregoing document, that he executed it in that capacity, and that the same was the act of the entity identified in the document as "C~ Notary Public My Commission Expires 02t231~