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HomeMy WebLinkAboutC11-160 Rods Painting Agreement AGREEMENT BETWEEN EAGLE COUNTY and ROD'S PAINTING, INC. This Agreement ( "the Agreement "), dated as of this day of , 2011, is between Eagle County, Colorado ( "County ") and Rod's Painting Inc. ( "Contractor'). Contractor has submitted to County a Staining Estimate (the "Proposal "; copy attached as Exhibit A and made a part hereof by this reference) dated May 5, 2011, proposing to perform specified work (the "Work) for specified sums ( "the "Price "), as set forth in Exhibit A, and County desires to contract with Contractor for the Work at the Price. Therefore, the parties agree that Contractor shall perform the Work on the following terms: 1. Contractor will (a) supply the equipment and materials necessary to perform the Work. 2. Contractor will commence work in fulfillment of its obligations hereunder promptly following execution of this Agreement. 3. County will pay to Contractor the Price for the Work in accordance with the provisions of the Proposal, Items 2 and 3, within thirty (30) days after completion and written acceptance of the work by County. 4. This Agreement shall be construed in accordance with the laws of the State of Colorado, and any legal action to enforce its terms shall be brought in the Colorado State District Court in Eagle, Colorado. 5. Contractor acknowledges that it is an independent contractor providing equipment, materials and/or and services to County. Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or representative of County. Contractor shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. Contractor will maintain liability, unemployment and workman's compensation insurance on its behalf, as necessary. 6. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Contractor in excess of the amount for any work done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 1 Cl 1-1(Q0 7. Indemnification: Within the limits allowed by law, Contractor shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by, Contractor in violation of the terms and conditions of this Agreement. This indemnification shall not apply to claims by third parties against County to the extent that County is liable to such third party for such claim without regard to the involvement of the Contractor. 8. No Assignment. The Services to be provided pursuant to this Agreement are professional in nature and in entering into this Agreement County is relying upon the professional services and reputation of Contractor. Therefore, Contractor may not assign its interest in this Agreement, or its rights and obligations under this Agreement without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. 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 Agreement. 9. Notices. Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: County: Ron Siebert, Facilities Project Manager, P 0 Box 850, Eagle County, Colorado, Telephone: 970 - 328 -8881; Fax: 970 - 328 -3539 Contractor: Rod's Painting, P.O. Box 1265, Gypsum, Colorado 81637 Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 10. Miscellaneous: This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings 11. Third Party Right. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 12. Prohibition on Public Contracts 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 Agreement, Contractor certifies that it does not knowingly employ or contract with an illegal alien who 2 will perform under this Agreement 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 Agreement. A. 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. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement 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/gc_1185221678150.shtm C. 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. D. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: (i) Notify the subcontractor and the County within three days that 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 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. 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). 3 F. If Contractor violates these prohibitions, 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 Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. G. County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach. The parties hereto have executed this Agreement the day and year first above written COUNTY OF EAGLE, STATE OF COLORADO _ y: Keith Montag, Co y Manager ROD'S PA G, INC. By: Sr • 4 May 06 11 08:35a RODNEY MARTINEZ 19707777833 p.7 EXTERIOR STAINING ESTIMATE MILLER RANCH PARK AREA ATTN: JAN MILLER ROD'S PAINTING INC. 05/05/11 P.O. BOX 1265 GYPSUM, CO. 81637 CELL - (970) -390 -4245 FAX - (970)- 777 -7834 EMAIL- rodspainting4413 A.) EXTERIOR- Labor includes staining of wood on areas including- Table Area, Public Restrooms, and three map sign area one on River walk bike path, one by public restrooms, and one on north side of lake. I'm also giving you a quote in case you might want to do the siding on public restrooms. 1.) Total Cost for one coat of Stain -- - -- $1,440.00 2.) Total Cost for two coats of stain----- - - ---- $2,100.00 — 3.) Public Restrooms Siding - -- $680.00 — 4.) Materials are included in total costs. 4t 2 ,-/ 80 .CC EAGLE COUNTY ROD'S PAINTING INC. EXHIBIT