No preview available
HomeMy WebLinkAboutC06-028 AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND HAL BURNS CONCERNING SERVING AS STOCK CONTRACTOR AT THE 2006 COUNTY FAIR AND RODEO THIS AGREEMENT is made this day Of"}QiUAQ,\J ,~?1s, by and between Eagle County, Colorado ("County"), by and through its Board bf County Commissioners, and Burns Rodeo Company ("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 2006 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 29, 2006 through August 6, 2006; 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 30-11-101,30-11-103, and 30-11-107, 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 rodeo stock for one (1) performance of professional bull riding on July 29, 2006 (Saturday) at 8 p.m. 4. Contractor agrees to provide required rodeo stock for four (4) performances of the 2006 Eagle County Fair PRCA Rodeo at 8:00 p.m. August 2,3,4,5 2006. 5. Contractor agrees to provide required pick-up men for each performance. 6. County will provide necessary rodeo personnel including: rodeo secretary, time keepers, bullfighters, barrel man, specialty act, and announcer. The County shall provide fees necessary for PRCA and bull riding judges, added money, and sanctioning fees. 7. County will provide water and watering facilities for livestock, hay and grain necessary for feeding livestock and necessary pens for holding livestock. g: Ifairgrou/fair/contracts/faircontract. wpd COMPENSATION 8. The County shall pay Contractor the sum of Twenty nine thousand one hundred sixty one dollars and thirteen cents (29,161.13) for five (5) total performance plus $2,028.60 for two pick-up men. A deposit of $5,000.00 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: $ 7,607.25 PRCA Rodeo $21 ,553.88 Pick-Up Men $ 2,028.60 In addition, the County shall provide lodging for Hal Burns Saturday July 29, 2006 through the ni~ht of August 5, 2006 and pick-up men Wednesday August 2th through August 5t . INSURANCE 9. 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 conduct that line of insurance business in the state of Colorado. The Contractor understands that the County does not provide the above referenced insurance for the Contractor. INDEPENDENT CONTRACTOR 10. 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 limited to, the application of the Fair Labor Standards Act minimum wage and overtime payment, 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. 11. 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. 12. 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 g: Ifairgrou/fair/contracts/faircontract. wpd investment in its business, and that it will utilize a high level of skill necessary to perform the work. 13. 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. 14. Contractor is obligated to provide for his performance in the event he/she is unable to fulfill the contracted obligation. NOTICE 15. All notice shall be given in writing, by telefax and lor by certified mail, to the respective party, as follows: County: Board of County Commissioners, Eagle County Fair & Rodeo Eagle County, Colorado Brad Higgins, Manager P.O. Box 850 P.O. Box 250 Eagle, CO 81631 Eagle, CO 81631 Telephone: (970) 328-8605 Telephone: (970) 328-3646 Fax: (970) 328-7207 Fax: (970) 328-3546 Contractor: Hal Burns P.O. Box 411 Laramie, WY 82070 Telephone (307) 760-1875 MISCELLANEOUS 16. 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. 17. 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 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 Contractor, including employees, subcontractors g: 'ifairgrou/fair/contracts/faircontract. wpd and agents, whether or not acting within the scope of their employment or agency. 18. 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. 19. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 20. Any amendments to this contract must be in writing and signed by both parties. 21. 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. 22. 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 therefore 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 Statues, the Local Government Budget law (C.R.S. 29-1-101 et seq.), and the TABOR Amendment ( Constitution, Article X, Sec. 20). 23. "This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado. The Parties agree that venue in any action to enforce or interpret this agreement shall be in the District Court in the 5th District for the State of Colorado." F l" day of Hal Burns 2005 by g: Ifairgrou/fairlcontracts/faircontract. wpd