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Home My WebLink AboutC03-025 Benje Bendele AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND_BENJE BENDELE CONCERNING _SOUND_ AT THE 2003 COUNTY AND RODEO THIS AGREEMENT is made this ~~L day of , 200 by and between Eagle Co or o (" o n "), by and through its B~iard of County Commissioners, and ty ("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 2002 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 26, 2002 through August 2, 2003; and NOW THEREFORE, inconsideration 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. Bendele will provide: a.) appropriate musical accompaniment (miix only) b.) computer generated music and sond effects, mix only for all events, Pre- show to Pro-show, specialty acts and clown acts as needed during the performances of the Mr. T Bull Riding and the PRCA Rodeo. c.) Music technician (Ben Benavedes) for all performances in question. 4. The County will provide: a.) Adequate set up time of equipment necessary for job. b.) Set up as close to announcer as possible. c.) HoteUmotel accommodations for one non-smoker. Arrival date July 25`" 2003 thru departure date August 3`~ 2003 g: I fairgrou/fair/contracts/faircontract. wpd • • COMPENSATION 5. The County shall pay Contractor the sum of _Five Thousand Dollars ($_5,000.00 for _Five total performances. Payment shall be due and payable on or before the final performance. INSURANCE n~~ ~,,~ ;~~~ .~~c~ ~J 6. Contract s Insurance: The Contractor shall purchase and m tain such insurance will protect him from claims which may arise out of o esult from the Contractor's erations under the contract, whether such opera " ns be by himself, or by any sub ontractor, or by anyone directly or indirectly mployed by any of them, or by any ne for whose acts any of them may be li le. All such insurance shall remain in e t until the contract has been fully pe rmed and Contractor has departed (removin all equipment, personnel an materials) the Fairgrounds property. All insuranc ust be obtained from com Hies authorized to conduct that line of insurance busin sin the state of Color o. Insurance coverages shall as follows: Claims underWorkmen's om nsation, disability benefits, and othersimilar employee benefit acts, as uired by the laws of the State of Colorado; Claims for damage b ause of bodily injury, occupational sickness or disease, or death of s employ s, in the amount $100,000 per person; Claims for dama because of bo ' injury, sickness or disease, or death of any person er than his employ es; damages because of injury to or destruction of ngible property, includi loss of use resulting therefrom; and claims insu d by usual personal inju liability coverage; in the amount $500,000 er person/$1 million per occur nce; Comp hensive Automobile Insurance in he amount $500,000 per per n/$1 million per occurrence. Certific tes of Insurance acce table to the Coun shall a filed with the Coun prior Contractor beginning performance of this contract, d Contractor will not be even access to the Fair rounds until it has done so. Th a Certificates shall c tain provisions namin the Coun as an additional insu d (except under orkers' compensation insurance), and that coverage afforded u der the policies will not be canceled until at least thirty days written notice has be n given to the County. INDEPENDENT CONTRACTOR g: I fairgroulfair/contracts/faircontract. wpd ~ • 7. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will bean 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. 8. 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. 9. 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. 10. 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. 11. 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. NOTICE 12. 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: Benje Bendele g: I fairgrou/fair/contracts/faircontract. wpd onal Romeo Announcer 3777 II d. #3 San A Texas 78253 (21 601-09 Bus. (10) 679-8368 Fax. MISCELLANEOUS $ss c~ ~?1 ~ ~~v~~ I'~~-~R~ ~ ~ ~ ~ ~ ~ ~~ - 7°l 2 - ,3,p ,3 ~ 13. 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. 14. Artist 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 Eagle County, their employees, ofFcers 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. 15. 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. 16. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 17. Any amendments to this Contract must be in writing and signed by both parties. 18. 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. 19. 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). g: lfairgrou/fair/contracts/faircontract. wpd IN WITNESS WHEREOF, the parties have executed this Agreement this ~ day of ~ac{.,~ ~, ~G• ~~~.~w EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners: By: ~ ~ ' Fair & Rodeo ager c ~<'-~~ 5~ ~ ~ t o co g: lfairgro2s/fair/contracts/faircontract. wpd