HomeMy WebLinkAboutC16-203 Kim MedicisAGREEMENTFOR SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
KIMMEDICIS
THIS AGREEMENT ("Agreemenf') is effective as of ftrgp-aav rf AQf t\, 2016by andbetweenKim
Medicis, a sole proprietor (hereinafter "Contractor"') and Eagle County, Coloiado, a body corporate and politic
thereinafter'County").
RECITALS
WHEREAS, County desires to hire Contractor to provide trick riding entertainment at the 2016 Eagle Cornty Fair
and Rodeo (the "hojecf') at the Eagle County Fairgrounds, located at 426 Fairgrounds Road, Eagle, Colorado
81631 (the "Fairgrowds"); and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and
experience necessary to provide the Services as dehned below in Paragraph I hereof; and
WHERtrAS, this Agreement shall govem the relationship berw-een Contractor and Cormty in connection with the
Services.
AGREEMENT
NOW THEREFORE, inconsiderationof the foregoing and the following promises Contractor and County agree as
tbllows:
1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials
nec€ssary to perform and complete the senices or work described herein. The Services shall be performed in
accordance with the provisions and conditions of this Agreement. Contractor will be providing entertainment during
the tbur rodeo performances with their trick riding performances lbr the spectators ("Services" or "Work").
a. Contractor agrees to firrnish the Services no later than July 20, July 21, July 22 and luly 23,
2016 during the 2016 Eagle County Fair and Rodeo. Contractor agrees to fumish the Services in a timely and
expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it
has the expertise and personnel necessary to properly and timely perform the Services.
County's Representative- The Facilities Management Deparknent's designee shall be Contractor's
contact with respect to this Agreement and pertbrmance of the Services.
3. Term of the A€reemenl This Agreement shall commence upon the date fnst written above, and subject
to the provisions ofParagraph li hereof, shall continue in fi.rll force and eft'ect urfil ttrc Services are satisfactorily
completed in accordance with the terms of this Agreement.
4. Extension or Modif,rcation Any amendments or moditications shall be in writing signed by both parties.
C16-203
No additional services or work performed by Contractor shall be the basis for additional compensation unless and
until Contractor has obtained written authorization and acknowledgement by County for such additional services in
accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor
verbal change orders, express or implied acc€ptance of alterations or additions to the Services, and no claim that
Cormty has been ru{ustly enriched by any additional services, whether or not there is in fact any zuch unjust
enrichment, shall be the basis of any increase in the compensation payable hersunder. In the event that written
authorization and acknowledgment by County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived
and such failure shall result in non-payment for such additional services or work performed.
5. Compsnlatiaa. County shall compensate Contractor for lhe performance of the Services in a sum
computed and payable as set forth. The performance of the Sewices under this Agreement shall not exceed
$5,000.00. Conbactor shall not be entitled to bill at overtirne and/or double time rates for work done outside of
normal business hours unless specifically authorized in writing by Comty. Cotutty will additionally provide
Contractor with one (l) hotel room of County's choice for use by Conkactor from July 20,2016 through July 23,
2016. Check-in/check-out times and use of the rooms will be subject to the hotel's policies and procedures. The
County will additionally provide Contractor with the use of three (3) horse stalls on the Eagle Coung Fairgrounds
property at a location ofCounty's choice.
a. Payment will be made for Services satisfactorily performed within tttirty (30) days of receipt of a
proper and accurate invoice from Contractor. All invoices shall include detail regarding the hows spenl, tasks
performed, who performed each task and such other detail as County may request.
b. If, at any time firing the term or after termination or expiration of this Agreement, County
reasonably determines that any payment made by County to Conhactor was improper because the Services for
which payment was made were not performed as set forth in this Agreernent, then upon written notice of such
determination and request for reimbrnsement from County, Contractor shall forthwith reh:rn such payment(s) to
County. Upon termination or expiration of this Agreement, rmexpended firnds advanced by County, if any, shall
forthwith be returned to Countv.
c. Couty will not withhold any taxes from monies paid to the Contractor herermder and Contractor
agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations rurder this Agreement after, nor shall any payments be made to Conkactor in respect of any period after
December 31 of any yem, without an appropriation therefor by County in accordance wilh a budget adopted by the
Board of Cormty Commissioners in compliance with Article 25, tifle 30 of the Colorado Revised Stafirtes, the Local
Govemment Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constittfion, Article X,
Sec.20).
6. Subcontractors. Contractor acknowledges that Cormty has entered into this Agreement in reliance upon
the particular reputation and expertise of Contractor. Contractor shall not entff into any subcontractor agreements
for the performance of any of the Services or additional services without County's prior written consent, which may
be wittrheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all
personnel assigned to the zubject Project during the performance of this Agreernent and no personnel to whom
County has an objection, in its reasonable discretion, shall be assigrred to the Project. Contractor shall require each
zubcontractor, as approved by Cormty and to the extent of the Services to be performed by the subcontractor, to be
bormd to Contractor by the terms of this Agreement, and to assurne toward Contractor all the obligations and
responsibilities which Conhactor, by this Agreemenl aszumes toward Cowrty. County shall have the right (but not
the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and
Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions ofits
agents, employees and subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contactor's sole cost and expense, the fbllowing
insurance cov€rage with limits of liability not less than those stated belorn-:
Types oflnsurance.
Workers'Compensation instnance as required by law
ll. Auto coverage with limits of liability not less than $1,000,00O each accident combined
bodily injury and properf damage liability irswance, ineluding coverage for owned, hired, and non-owled
vehicles.
rn. Commercial General Liability coverage to include premises and operations,
personaVadvertismg injury, productslcompleted operations, broad form property damage with limits of liability nol
less than $1,000900 per occluronce and $1,000,@0 aggregate limits.
Other Requirements.
r. The automobile and commercial general liability coverage shall be endorsed to include
Eagle County, its associated or aftiliated entities, its successors and assigns, elected offrcials, ernployees, agents and
volunteers as additional insureds. A certificate of insurance consistent with the tbregoing requirements is attached
hereto as Exhibit A.
ii. Contractor"s certificates ofinsurance shall include subcontractors, ifany as additional
insureds under its policies or Contractor shall fumish to County separate certificates and endorsements tbr each
subcontractor.
lll.
termination hereot'.
The insurance provisions of this Agreement shall survive expiration or
iv. The parties hereto understand and agree that the County is relying oq and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and
protections provided by the Colorado Govemmental Immunity Act, as from time to time amended, or otherwise
available to County, its affiliated entities, successors or assigns, its elected ofticials, employees, agents and
volunteers.
providedbytheclntractor "::iffiff;hT1ffH:'HgrTffitr#-1fr"r'ffil3,,1fJ*,o'"o.,",ur"is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax
on any moneys paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its offrcers,
agents and employees against any losses, claims, damages or liabilities for which County may become subject to
insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are
based upon any performance or nonperformance by Contractor or any ofits subconhactors hereunder; and
Contractor shall reimburse Corrrty for reasonable attomey fees and costs, legal and other expenses incurred by
County in cormection with investigating or defending any such loss, claim, damage, liability or action. This
indemnification shall not apply to claims by third parties against the County to the extent tbat County is liable to
zuch third party for such claims wilhout regmd to the involvement of the Contractor. This pmagraph shall survive
expiration or termination hereof.
9. OwnershipitDoeuCIqgnls. All documents (including electronic files) andmaterials obtained duing,
purchased or prepared in the performance of the Services shall remain the property of the County and are to be
delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement.
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally
delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv)
when sentvia facsimile so long as the sending party can provide facsimile machine or other confirmation showing
the date, time and receiving facsimile number for tlre transmission, or (v) when hansrnitted via e-mail with
confinnation of receipt. Either party may change its address for purposes of this paragraph by giving fle (5) days
prior written notice of such change to the other party.
COUNTY
Eagle County" Colorado
Attention: Tanya Dahlseid
500 Broadway
PostOffrce Box 850
Eagle, CO 81631
Telephone: 970-328-8892
Facsimile: 970-328-8899
E-Mail: tanya.dahlseid@eaglecomty.us
Witha copy to:
Eagle County Attomey
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone : 97&3 28-8685
Facsimile: 970-328-8699
E-Mail : atty@eaglecounty.us
CONTRACTOR:
Kim Medicis
6706 Sidney DerouenRd
Bell City, LA70630
Teleohone : 3 37 -7 64-8292
E-Mail :Readvtorodeo. com
I l. Termination. County may tenninate this Agreement, in whole or in part, at any time and for any reason?
with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the
Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents
as defined in paragraph t hereof, in such format as County shall direct and shall retum all Comty owned materials
and documents. Cormty shall pay Contractor for Sewices satisfactorily performed to the date of termination.
12. Venue. Jurisdiction and Aapliqablq LaIu. Any and all claims, disputes or conttoversies related to this
Agreement, or breach thereof, shall be litigated in the Dstrict Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall b€
governed by the laws of the State of Colorado.
13. Execution by Counterp4rttsftecgs!&S!@ This Agreement may be executed in rw-o or more
counterparts, each of w-hich shall be deemed an original, but all of which shall constitute one and the same
inskument. The padies approve the use of electonic signahnes for execution of this Agreement. Only the following
two lbrms of electronic signatures shall be perrnitted to bind the parties to this Agreement (i) Electronic or
tbcsimile delivery of a fully executed copy of the signature page; (ii) the image of the signatrne of an authorized
signer inserted onto PDF format documents. All documents must be properly notarized if applicable. All use of
electronic signatures shall be govemed by the Uniform Elechonic Transactions Act, C.R.S. 24-71.3-l}l to l2l.
14. Other Conkact Reqqirements and Conhactor ReDresentati s.
a. Contractor has familiarized itself withthe natue and extent of the Services to be provided
hererurder and the Property, and with all local conditions, tbderal, state and local laws, ordinances, rules and
regulations that in any manner affect cost, progress, or performance ofthe Services.
b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems
necessary for the pertbrmance of the Services.
c. To the extent possible, Conhactor has correlated the results of such observations, examinations,
investigations, tests, reports, and data with the terms and conditiors of this Agreement.
d"
discrepancies.
To the extent possible, Contractor has given County written notice ofall conflicts, enors, or
e. Conhactor shall be responsible for the completeness and accuracy ofthe Services and shall
correct, at its sole expense, all signiticant errors and omissions in pertbrmance of the Services. The fact that the
County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor
shall perform the Services in a skillful, profbssional and competent manner and in accordance with the standard of
care, skill and diligence applicable to contractors pertbrming similar services. Contractor represents and warrants
that it has the expertise and personnel necessary to properly perfbrm the Services and shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to
ensure the Services are performed in accordance with this Agreement. This pmagraph shall survive termination of
this Agreement.
f. Contractor agrees to rrork in an expeditious manner, within the sound exercise of its judgment
and professional standards, in the perfonnance of this Agreement. Time is of the essence withrespect to this
Agreement.
g. This Agreernent constihrtes an agreement tbr performance of the Services by Contractor as an
independent conffactor and not as an employee of County. Nothing contained in this Agreement shall be deemed to
create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship
between County and Contractor except that of independent contractor. Contractor shall have no authority to bind
County-
h. Contractor represents and warants that at all times in the perforrnance of the Services,
Contractor shall comply with any and all applicable law-s, codes, rules and regulations.
This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and zupersedes all other agreements or understanding between the parties with respect thereto
j. Contractor shall not assign any portion of this Agreement withold the prior written consent of the
County. Any attempt to assign this Agreement without such consent shall be void.
k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and
their respective permitted assigns and zuccessors in interest. Enforcement of this Agreement and all rights and
obligations hereunder are reserved solely for the parties, and not to any third party.
l. No failure or delay by either party in the exercise of any right hereunder shall constitrte a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
m. The invalidity, illegality or unenforeeability of any provision of this Agreement shall not affect
the validity or enforceabilrty of any other provision hereof.
n. The signatories to this Agreement aver to their knowledge no employee of the County has any
personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contoactor
has no benef,rcial interest, direct or indirect, that would conflict in any manner or degree with the perfonnance of the
Services and Contractor shall not employ any personhaving such known interests.
o. The Contractor, ifa nahralperson eighteen(l8)years ofage or older, hereby swears andaffrms
under penalty of pe{ury that he or she (i) is a citizen or otherwise la*firlly present in the United States pursuant to
federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-1CI3 prior to the effective date of this
Asreement.
15. hohibitions on Govemment Contracts.
As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries
not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or
subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this
Agreemen! Contractor certifies that it does not knowingly employ or contact with an undocumented individual
who will perform under this Agreement and ttrat Conhactor will participate in the E-veriff Program or other
Deparbnent of Labor and Employment program ('Deparknent Program") in order to confirrn the eligibility of all
employees who are newly hired for employment to perform Sewices rmder this Agreernent.
Contractor shall not;
i. Knowingly employ or contract with an r:ndocumented individual to perform Services
urder this Agreement; or
ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall
not knowingly employ or contract with an rmdocumented individual to perform work under the public conhact for
services-
b. Contractor has confirmed the employment eligibility of all employees utro are newly hired for
employment to pertbrm Services 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 tbr tlre
E-verify program can be tbund at:
http. /tuiru,.dhs.ept4prevproVprograms/gc I I I 522 I 678 I 50. shtm
c. Contractor shall not use either the E-verify program or other Department Program procedures to
turdertake pre-employment screening ofjob applicants while the public contact tbr services is being performed.
d. If Contractor obtains actual know-ledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required
to:
Notify the subcontractor and Cormty within three (3) days that Contractor has actual
knowledge that the zubconkactor is employing or contracting w-ith an rurdocumented individua\ and
ii. Terminate the subcontract with the subcontractor if w'ithin three days of receiving the
notice required pursuant to subparagraph (D of the paragraph (d) the subcontractor does not stop employing or
contracting with the undocrrnented individual; except that Contractor shall not terminate the contract with the
subcontractor if duing such t}ree (3) days the zubcontractor provides information to establish that the zubcontractor
has not knowingly employed or contracted with an undocumented individual.
e. Contractor shall comply with any reasonable request by the Departnent of Labor and
Employment made ia the course of an investigation that the deparhnent is undertaking pursuant to its authority
established in C.R.S. &l 7.5-l 02(5).
t. If Contractor violates these prohibitions, County may terminate the Agreement tbr breach of
contract. If the Agreement is so terminated specifically for breach of this provision of this Agreemen! Contractor
shall be liable tbr actual and corsequential damages to Cotmty as required by law.
C. County will noti$ the Colorado Secretary of State if Contractor violates this provision of this
Agreement and County terminates the Agreement for such breach.
IREST OF PAGE INTENTIONALLY LEFT BLANKJ
IN WITNESS WHEREOB the parties have executed this Agreement the day and year flust set lbrth above.
COTINTYOF EAGLE, STAIE OF COLORADO,
By and Throughlts COLTNTYMANAGER
By:
Brent McFall, Corurty Manager
EX}IIBITA
INSIIRA}ICE CERTIFICATE
ACE American Insurance Company
436 Walnut Street, WA07C
Philadelphia, PA. 1 91 06-3703
CERTIFICATE OF I NSURANCE
CERTI FICATE NO. : G2144882*0716-003
THIS CERTIFICATE OF INSURANCE IS ISSUED AS NOTICE OF INSURANCE FOR THE "INSURED
MEMBER"FOR THE SCHEDULE OF EVENTS REFERENCED HEREIN. THIS CERTIFICATE AND
THE INSURANCE POLICY ISSUED TO THE NAMED INSURED FORM THE ENTIRE CONTRACT
WITH RESPECT TO THE "INSURED MEMBER". THIS CERTIFICATE IS FURNISHED IN
ACCORDANCE WITH AND IN ALL RESPECTS IS SUBJECT TO THE TERMS OF THE POIICY.
Item la. "lnsured Member" Kim Medicis/Daredevil Darlings
A Member of the Entertainment Services, Inc.
conducting events onto this policy.
Mailing Address 6706 Sidney Derouen Rd
Bell City, LA 70630
Item 1b. Named Insured Entertainment Services, Inc. a risk purchasing
group organized under the laws of the
State of Kansas
Mailing Address 4300 Shawnee Mission Parkway
Shawnee Mission. KS 66205
Policy Number: G21448825
Item 2. Policy Period: FROM: March 1,2016 TO: March 1,2017
AT 12:01A.M. TIME AT THE ADDRESS SHOWN lN ITEM 1a. ABOVE
Item 3. Limits of Insurance $ 1,000,000 Each Occurrence
$ 1,000,000 Personal Injury/ Advertising lnjury
$ 2,000,000 Products/ Completed Operations aggregate
$ 2,000,000 General Aggregate *
$ 250,000 Fire Damage
$ EXCLUDED Medical Expense
Item 4. Premium: $165 * Aggregate Applies Per Event
LD-17105 (11104\ Reprinted with permission of Insurance Services Office Page 1 of2
Item 5,Schedule of Events Eagle County Fair and Rodeo; Eagle, CO;
07t20t2016-A7i23t2016
(Holding Pens: Same as Event)
Effective: 07nA12016
Event dates: 07 /2012016-07 12312016
Coverage under this policy for a scheduled
"rodeo event or horse/ stock show event will
cease after the premises of the "rodeo event or
horsei stock show event " are vacated bv the lnsured
Member.
Item 6. Additional Insured (s) All stock contractors providing Stock
Kody Walter; Lingle, WY
Kellie Brown; Laramie, WY
Forms and Endorsements attached to the policy at inception:
cc{0'1, cG0062, cco160, GC2144,GC2174, t10017, ILOO2't, t10252,1D3R16,LD7F23,LD7X82,LD7Y82, LD8U21b
1D20936, LD9Z24. TR tA1 5
tlifli.*fr' ,4/M
LD-1 7'105 (11t04)Reprinted with permission of Insurance Services Office
Authorized Agent
Page 2 of 2
