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HomeMy WebLinkAboutC08-080• AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND CARR PRO RODEO CONCERNING SERVING AS STOCK CONTRACTOR AT THE 2008 COUNTY FAIIt ANF RODEO THIS AGREEMENT is made this 11'~ day of March 2008, by and between Eagle County, Colorado ("County"), by and through its Board of County Commissioners, and Carr Pro Rodeo ("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 2008 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 30, 2008 through August 2, 2008; and WHEREAS, Contractor is a company specializing in the production of professional fair and rodeo services and wishes to contract with County to provide such services; and 1VOW 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 1. The Contractor will produce a 4-day professional rodeo and associated slack that includes the following events: Bareback Riding, Saddle Bronco Riding, Tie-down Roping, Steer Wrestling, Team Roping and Women's Barrel Racing in compliance with the Pro Rodeo Cowboys Association ("PRCA"). 2. Contractor agrees to provide PRCA contract personnel, including pickup men, riding event chute boss, flankman, labor to open/pull bucking chute gates and sort and load bucking stock. 3. Contractor will provide all riding and timed event stock required. for the productions of the PRCA events at the rodeo, including trucking. INSURANCE 15. 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 Coun does not provide the above referenced insurance for the Contractor. INDEPENDENT CONTRACTOR 16. This agreement does not create an employee%mployer relationship between the parties. It is the parties' intention that the 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. 17. County will retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities under this agreement. 18. 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. 19. 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. • • 20. Contractor is obligated to provide for his performance by an alternative PRCA sanctioned producer in the event he/she is unable to fulfill the contract obligation. NOTICE 21. All notice shall be given in writing, by telefax and/or by certified mail, to the respective party as follows: • County: Boazd of County Commissioners, Eagle County, Colorado P.O. Box 850 Eagle, CO 81631 Telephone: (970) 328-8605 Fax: (970) 328-7207 Contractor: Carr Pro Rodeo Pete Carr 13601 Preston Rd., Suite 200E Dallas, TX 75240 Telephone: (903) 286-8100 Fax: (972) 386-7597 MISCELLANEOUS With a copy to: Eagle County Fair & Rodeo Brad Higgins, Fair Manager P.O. Box 250 Eagle, CO 81631 Telephone: (970) 328-3646 Fax: (970) 328-3546 22. All the clauses of this contract aze distinct and severable, and if any clause shall be deemed illegal, void or enforceable, it shall not affect the validity, legality, or enforce ability of any other clause or portion of the contract. 23. 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, chazges, judgments and expenses, including, but not limited to, attorney's fees, which maybe 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 and agents, whether or not acting within the scope of their employment or agency. • ~ 24 County may terminate this Agreement at any time and for any reason or no reason upon written notice to Contractor specifying the date of termination, which date shall be not less than ten (10) days from the date of the notice, and all rights of Contractor and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. 25. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of the County. 26. Any amendments to this contract must be in writing and signed by both parties. 27. This Contract shall he 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. 28. 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 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 the 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). 29. Prohibitions on Public Contract for Services. 29.1 The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or 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. 29.2 The Contractor shall confirm or attempt to confirm through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Contractor shall apply to participate in the Program every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: C7 IN WITNESS WHEREOF, the parties have executed this Agreement this~~day of March, 2008. ..~ o to the ~atoap~ EAGLE COUNTY, COLORDO By and through its Board of County Commissioners Y• eter F. Runyon, Chairm C P ROD O By: Pete r STATE OF COUNTY OF ~~r~ 1 SS. ~ IGt~ ) The foregoing instrument was acknowledged before me by ~ ~,.~~'I^ , this day of `~bY~Ct,P'~(/t_ _ , 2008. My commission expires: ~ ~.1-C3~1 ll~in,~ ~rn~, Notary Public '~°~~e -o;!•~= Notary PBWic Stets o Texas ~,.:b~ My Commission Expires `~~-E' o;~~;:~~ Match 21, 2009 „nn,o •