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Home My WebLink AboutC11-122 Les Ohlhauser AGREEMENT BETWEEN LES OHLHAUSER AND EAGLE COUNTY COLORADO FOR RODEO ANNOUNCER PERFORMANCES AT THE 2011 EAGLE COUNTY FAIR AND RODEO THIS AGREEMENT is dated as of the \ day HZ , 2011 , by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "County "), and Les Ohlhauser (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 this Agreement ( "Work "). The Work is generally described as: the provision of Rodeo Announcer services for the Eagle County Fair and Rodeo on Wednesday July 27, 2011 through Saturday, July 30, 2011, in accordance with the terms set forth below. 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 July 30, 2011. 3.2 Contractor agrees to provide all four (4) rodeo announcer performances of the 2011 Eagle Fair PRCA Rodeos in accordance with PRCA requirements on the following dates and times: July 27, 2011 PRCA 8:00 pm - close July 28, 2011 PRCA 8:00 pm - close July 29, 2011 PRCA 8:00 pm - close July 30, 2011 PRCA 8:00 pm - close ARTICLE 4 - CONTRACT PRICE 4.1 The County shall pay Contractor Eight Hundred Dollars ($800.00) for each performance, which shall equal a sum total of Three Thousand Two Hundred Dollars ($3,200.00) if all four performances are completed in accordance with the terms of this agreement. Payment shall be made in full after the last performance on Saturday, July 30, 2011. 01-149— 4.2 The County will also provide contractor with hotel accommodations at the Fair & Rodeo host hotel for the evenings of July 27th through July 30, 2011. 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 a remedy - granting provision in the Agreement. 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 not an employee of the County. Contractor is solely responsible for necessary and adequate worker's compensation insurance, general liability, personal injury and property damage 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 shall indemnify, hold harmless and save Eagle County, their employees, officers and directors from and against any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including, but not limited to, attorney's fees, which may be imposed upon or incurred or paid by or asserted against 2 Eagle County, their employees, officers and directors by reason of or in connection with, directly or indirectly, the performance of the Services and /or any act or omission of Contractor, including employees, subcontractors and agents, whether or not acting within the scope of their employment or agency. ARTICLE 6- CONTRACT DOCUMENTS The parties acknowledge and agree that there are no other contract documents other than this Agreement, that this Agreement comprises the entire agreement between the parties and that the Agreement 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 3 subject matter hereof except as expressly set forth in the Contract Documents. 7.6 Prohibitions on Public Contract for Services. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. 7.6.1 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) 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 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /www.dhs.gov /xprevprot /programs /qc 1185221678150.shtm 7.6.3 The Contractor shall not use either the E- verify program or other Department 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 /Consultant shall be required to: (i) 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 (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 4 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 established in C.R.S. § 8- 17.5- 102(5). 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 specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.6.7 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 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 County: Brad Higgins Fair and Rodeo Manager Eagle County P.O. Box 250 Eagle, CO 81631 Telephone: 970 - 328 -3646 Fax: 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 5 address for notice by notice to the other in accordance with this paragraph. 7.8 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 and all rights of Contractor and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. 1 "County ": COUNTY OF EAGLE, STATE OF COLORADO, By and through the designee of its Board of County Commissioners K By: `_ �. - Brad Higgin- Fair and Rodeo Manager "Contra • ": Les Ohlhauser �11 By: ) STATE OF W/ ( a- ) ) SS. COUNTY OF I) U-� ) The foregoing instrument was acknowledged before me by U..1 S O h I Vl au-S.v7 , this 15- I'i day of F br L -r 7 , 2011. My co iss ion expires: �' 2 3 l t -- G� IITT� �`, �J.�pTARy••c�` ,, � i'vij‘til-e- No Public , i i ,O# , �1 ) , B s,.., , My Commission Expires a /13 / 701 3 6 7