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HomeMy WebLinkAboutC01-203 Hal Burns stock contractor for RodeoI Ir . - I C, �, CI — Z e S, __ 1.�3 L AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND HAL BURNS CONCERNING SERVING AS STOCK CONTRACTOR AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this day oft , 2001, by and between Eagle County, Colorado ( "County "), by and through its Board of County Commissioners, and Hal Burns ( "Contractor "). WHEREAS, the County is the owner of certain real property located in Eagle County, Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds'; and WHEREAS, the 2001 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 27, 2001 through August 5, 2001; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree, as follows: AUTHORITY TO CONTRACT 1. The County represents it is duly authorized to enter into this Agreement pursuant to Sections 30 -11 -101, 10 -11 -103, and 10 -11 -107, as amended.' 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT 3. Contractor agrees to provide required rodeo stock for one (1) performance of professional bullriding on July 28, 2001 (Saturday). 4.- Contractor agrees to provide required rodeo stock for four (4) performances of the 2001 Eagle County Fair PRCA Rodeo at 8:00 p.m. August 1, 2, 3, & 4, 2001. 5. County will provide necessary rodeo personnel including: rodeo secretary, time, bullfighters, barrelman, specialty act, announcer and pick -up men. The County shall provide fees necessary for PRCA and bullriding judges, added money, and sanctioning fees. 6. County will provide water and watering facilities for livestock, a maximum of five (5) tons of hay and 2500 pounds of grain necessary forfeeding livestock and necessary pens for holding livestock. g: Ifairgrou/fair /contracts /faircontract. wpd COMPENSATION 7. The County shall pay Contractor the sum of Eighteen Thousand Six Hundred Dollars ( $18,600) for five (5) total performances. A deposit of $5,000 will be processed upon receipt of this signed agreement. Balance shall be due and payable upon the completion of performance. Breakdown of the sum is as follows: Bull Riding Event: $ 4,950 PRCA Rodeo $13,650 In addition, the County shall provide lodging for Contractor Friday, July 27, 2001 through the night of August 4, 2001. INSURANCE 8. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until the contract has been fully performed and Contractor has departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conductthat line of insurance business in the state of Colorado. Insurance coverages shall be as follows: Claims underWorkmen's Compensation, disability benefits, and othersimilar employee benefit acts, as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, in the amount $100,000 per person; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees; damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and claims insured by usual personal injury liability coverage; in the amount $500,000 per person /$1 million per occurrence; Comprehensive Automobile Insurance in the amount $500,000 per person /$1 million per occurrence. Certificates of Insurance acceptable to the County shall be filed with the County prior to Contractor beginning performance of this contract, and Contractor will not be Given access to the Fairgrounds until it has done so These Certificates shall contain provisions naming the County as an additional insured (except under g: Ifairgrou/fair /contracts /faircontract. wpd workers' compensation insurance), and that coverage afforded under the policies will not be canceled until at least thirty days written notice has been given to the County. INDEPENDENT CONTRACTOR 9. This Agreement does not create an employee /employer relationship between the parties. It is the parties' intention that Contractor will be an independent contractor and not an employee of Eagle County for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Colorado Revenue and Tax laws, Colorado Worker's Compensation law and the Colorado Unemployment Insurance laws. 10. County will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Contractor's activities and responsibilities under this ,Agreement. 11. Contractor agrees that it is a separate and independent enterprise from Eagle County, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. p 12. This Agreement shall not be construed as creating any joint employment relationship between Contractor and Eagle County, and Eagle County shall not be liable for any obligation incurred by Contractor, including, but not limited to unpaid minimum wages and /or overtime premiums. 13. Either party may terminate this Agreement on written notice to the other party thirty days prior to the desired termination. However, in no event may either party terminate this Agreement after June 30 of any calendar year without reasonable cause. g: Ifairgroat/fair /contracts /faircontract. wpd 11 1 4 , , . . G CIII NOTICE 14. All notices shall be given in writing, by telefax and /or by certified mail, to the respective party, as follows: County: Board of County Commissioners, Eagle County, Colorado P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328 -8605 Fax: (970) 328 -7207 Contractor: Hal Burns P.O. Box 411 Laramie, WY 82070 Telephone: (307) 742 -2461 (307) 760 -1875 Eagle County Fair & Rodeo L.E. Williams, Jr., Manager P.O. Box 57 Eagle, CO 81631 Telephone: (970) 328 -3646 Fax: (970) 328 -2442 MISCELLANEOUS 15. All the clauses of this contract are distinct and severable, and if any clause shall be deemed illegal, void or unenforceable, it shall not effect the validity, legality, or enforce ability of any other clause or portion of the contract. 16. 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 imposed upon or incurred or paid by or asserted against Eagle County, their employees, officers and directors, the buildings or any interest therein by reason of or in connection with, directly or indirectly, the performance of the Services and /or any act or omission of Artist, including employees, subcontractors and agents, whether or not acting within the scope of their employment or agency. 17. Eagle County agrees to indemnify and hold harmless Contractor to the extent allowed by law with respect to any claims, liability or judgments resulting from the County's failure to perform its obligations under this Agreement. 18. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 19. Any amendments to this Contract must be in writing and signed by both parties. g: Ifairgrou/fair /contracts /faircontract, wpd .. 6 r, C 20. This Contract shall be binding on, and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. This Contract may not be relied upon by any third party as the basis for a claim. 21. Notwithstanding anything to the contrary contained in this Contract, County shall have no obligations under this contract, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this contract, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. 29 -1 -101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). IN WITNESS WHEREOF, the parties have executed this Agreement this c9V day of 2001. T7 EAGLE COUNTY, COLORADO, �����► nd through its Board of County Commissioners: rOcmRJ�0 By: Clerk to the Board Tom C. Stone, Chairman Hal Burns, Contractor By: fi4t�— Hal Burns The Foregoing instrument was acknowledged before me this /0 day of 2001 by Hal Burns. Notary Signature Commission Expires f g: lfaizgrou/fair /contracts /faircontract. wpd JANET A. REED-NOTARY NT Statf Albany County ' i;�� - - - - t :. '':i /"� Wyoming My Commission Expires Feb, 4, 2004 14.