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HomeMy WebLinkAboutC09-164 Benje Bendelec~ AGREEMENT BETWEEN EAGLE COUNTY AND BENJE BENDELE TO PROVIDE SOUND FOR THE 2008 FAIR & RODEO ~~ ~'` THIS AGREEMENT is dated as of the ay of ~ , 2009 ,by and between Eagle County, Colorado, a body corporate and politic, acting y and through its Board of County Commissioners (hereinafter called "County"), and Benjamin 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 topro-show, specialty acts and clown acts as needed during the performance 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 This Contract 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 August 01, 2009. 3.2 Contractor agrees to provide sound services for the 2009 Eagle Fair & Rodeo forthe following dates: July 29, 2009 PRCA 8:00 p.m. July 30, 2009 PRCA 8:00 p.m. July 31, 2009 PRCA 8:00 p.m. August 01, 2009 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 One Thousand Three Hundred and Fifty Dollars ($1350) for each performance, which shall equal the sum of Five Thousand Four Hundred Dollars ($5,400.00) if all four performances are completed in accordance with this agreement. Payment will be made on Saturday, August 01, 2009. 4.2 The County will provide: a) The County will also provide contractor with hotel accommodations at the Fair & Rodeo host hotel for the evenings of July 28th thru August 1st, 2009. 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 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 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 performance 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. l.6 Prohibitions on Public Contract for Services. 7.6.1 The .Contractor shall not knowingly employ or contract with an 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 Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 7.6.2 The Contractor 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 Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Contractor shall apply to participate in the Program every three months until the Contractor 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:Ilwww.vis-dhs.comlemployerre_, istration 7.6.3 The Contractor 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. 7.6.4 If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and Agreement Page 4 b. 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 Contractor 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. 7.6.5. The Contractor 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. 7.6.6 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 7.7 Sole Source Government Contracts. If the Contractor has entered into a sole source government contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution, which including this contract in the aggregate on an annual basis equal or exceed the amount of $100,000, then the following provisions apply: 7.7.1 Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Contractor, on behalf of itself , any person who controls ten percent or more of the shares of or interest in the Contractor, and the Contractor's officers, directors and trustees (collectively, the "Contract Holder")shall contractually agree, for the duration of the contract and for two years thereafter, to .cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. 7.7.2 The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. 7.7.3. The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. 7.7.4 The Contract Holder agrees to comply with the summary and notice provisions of Section 16 of Article XXVIII of the Colorado Constitution. 7.7.5 These provisions shall not apply to the extent they have been enjoined or invalidated by a court of competent jurisdiction. 7.7.6 All terms used in this Section and not otherwise defined in this. Agreement shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. 7.8 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: Benje Bendele 855 CR 6712 Natalia, TX 78059 Business #:1-210-912-0914 Fax #:1-830-772-3036 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. 11 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// Agreement Page 6 ~ ~ rti 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 the designee of the BOARD OF COUNTY COMMISSIONERS BY: Keith Montag, Acting County Man "Contractor" Benje Bendele By: ,e~ Title: [' c,~de STATE OF ~l°~4C,+Q5 ) SS. COUNTY OF ~, ) The fore oing instrument was acknowledged before me by ~~~~~'. this day of 2009. ~~ r'~ 1 My .sion e fires: ~U,~.E ~ l~'~'~ _ ~ _ ,. _ Not Public vP a~~~ ~~, JO ANN GARCIA My Commission Expires June 09, 2011 TERM SHEET AGREEMENT WITH EAGLE COUNTY AND BENJE BENDELE TO PROVIDE SOUND SERVICES FOR THE 2009 EAGLE COUNTY FAIR AND RODEO. RECEIVED Requested Hearing Date N ~~ ; ~ ~..~~ ~~~~ MAY 18 2009 N~~~~~ ~ d~ e~4~ EAGLE COUNTY C. ~ ~- ATTORNEY Requested Department: (,~,-~~,~~ Fair & Rodeo Title: • The agreement between Eagle County ("County") and Benjamin Bendele ("Contractor") concerning service as the sound contractor at the 2009 Eagle County Fair & Rodeo. Check one: Consent On the Record Staff Submitting: • Brad Higgins, Fair Manager Pur ose: • Adoption of Agreement between Benjamin Bendele and Eagle County to provide the sound services for the 4 day professional rodeo and associated slack that includes the following events: Bareback Riding, Saddle Bronc Riding, Tie-down Roping, Steer Wrestling, Team Roping and Women's Barrel Racing in compliance with the Pro Rodeo Cowboys Association (PRCA"). Schedule: Wednesday, July 29, 2009 through Saturday, August O1, 2009. Final Considerations: • Contract amount $5400.00 r,.~' • Agreement has been fully budgeted. ~~~+~ • Agreement complies with Eagle County's Purchasing/Bidding/Request for Proposal Guidelines set forth in Resolution 2006-071. Other: • To approve said Agreement with Benjamin Bendele , S TO FORM ~y: ~. Eagle County Attorney's Office gy. ~~. ~~ ,> Eagle County Comr~issianers' Office