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HomeMy WebLinkAboutC09-061 Carr Pro RodeoAGREEMENT BETWEEN EAGLE COUNTY COLORADO AND CARR PRO RODEO CONCERNING SERVING AS STOCK CONTRACTOR AT THE 2009 COUNTY FAIR AND RODEO THIS AGREEMENT is made this 28th day of January 2009, 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 2009 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 29, 2009 through August O1, 2009; 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 NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: AUTHORITY TO CONTRACT 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") requirements. 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. 4. Contractor will provide 4 performances of professional rodeo and slack held at a time designated by County and approved by the PRCA. 5. Arena preparation: County will furnish all liability insurance, arena cost and preparation, veterinarian, ambulance and first aid on the grounds during all events. 6. County will be responsible for concession, restrooms, parking, admission gates, crowd control, and security. 7. County will provide pens in good working condition, adequate water and troughs. 8. County will be responsible for all promotion and advertising. 9. County will furnish the PRCA, the Women's Professional Rodeo Association ("WPRA") or the Professional Women's Barrel Racing ("PWBR") approval fees and judges' fees, secretary, timers, announcer, sound person, bull fighters, barrel man and specialty act. 10. County will provide all necessary labor needed for the remainder of the production of the rodeo. 11. County will be responsible for all grain and hay for Contractor livestock. 12. County will be responsible for any federal, state or local taxes incurred. 13. County shall allow Contractor to market merchandise at the event in accordance with PRCA guidelines at no additional cost. COMPENSATION 14. The County shall pay Contractor the sum of thirty thousand dollars ($30,000.00) for the 4-day professional rodeo and associated slack performances and the aforementioned events. Payment will be made in full upon completion of services provided in accordance with this Agreement. In addition, the County shall provide Contractor with two (2) hotel rooms per night from July 28 through August O1, 2009. County will arrange Contractor's hotel accommodations and will pay the nightly rate associated with said hotel accommodations. However, County shall not be held responsible for any additional charges incurred by Contractor, any damage done by Contractor or its employees, agents or invitees during Contractor's stay at the County arranged hotel. 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 County does not provide the above referenced insurance for the Contractor. INDEPENDENT CONTRACTOR 16. This agreement does not create an employee/employer 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. 21. Sole Source Government Contracts. If the Contractor has entered into a sole source government contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution, which including this contract in the aggregate on an annual basis equal or exceed the amount of $100,000, then the following provisions apply: A. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Contractor, on behalf of itself ,any person who controls ten percent or more of the shares of or interest in the Contractor, and the Contractor's officers, directors and trustees (collectively, the "Contract Holder") shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. B. The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. C. The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. D. The Contract Holder agrees to comply with the summary and notice provisions of Section 16 of Article XXVIII of the Colorado Constitution. E. These provisions shall not apply to the extent they have been enjoined or invalidated by a court of competent jurisdiction. F. All terms used in this Section and not otherwise defined in this Agreement shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. NOTICE 22. All notice 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: 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 21. All the clauses of this contract are 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. 22. 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 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. 29.3 The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 29.4 If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and b. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 29.5. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. 29.6 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 30. 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. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // IN WITNESS WHEREOF, the parties have executed this Agreement this ~7 day of ~ j3rLwg,a...l , 2009. ATTEST: ~~~~~F y "~y( ~?zJs9` Teak J. Simorl~6n, ''~i`°t'~ Clerk to the Board ''*~i~, ~j `i: G.-- -- ~ ~ v j . PRO R D By: 1 1. Pete err Title: STATE OF COUNTY OF T~~rc~ ) SS. L~ i~ > EAGLE COUNTY, COLORDO By and through its Board of County Commissioners Sara J. Fisher, Chairman <~i ~ The foregoing instrument was acknowledged before me by ~"~~~(' , this ~~ day of ~~, ~i~~f,~~ , 2009. My commission expires: ~ ~1- ~1 Notary Public ~~ ~~~•. KIMBERLY MURPHY o'`""Y "'B °-- State of Texas rr `~ : Notary Public, ~~,~~, MY Commission Expires -~~~rFOF~E;p~ March 21, 2009 „~~„~~~~