HomeMy WebLinkAboutC10-076 Carr Pro Rodeo Agreement
AGREEMENT BETWEEN
EAGLE COUNTY COLORADO
AND CARR PRO RODEO
FOR THE PRODUCTION OF PROFESSIONAL
FAIR AND RODEO SERVICES AT THE
2010 EAGLE COUNTY FAIR AND RODEO
THIS AGREEMENT is made this ~ ~ day of ~~<<~tu.~~y 2%, 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 2010 Eagle County Fair & Rodeo is scheduled to be held at the Eagle
County Fairgrounds July 28, 2010 through July 31, 2010; 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
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.
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 27 through July 31, 2010. 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 inay 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. Contractor 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 fax 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
5323 Spring Valley Rd., Ste 300
Dallas, TX 75254
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.
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 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.
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:
hops://www.vis-dhs.com\employerre~istration
;.
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~~ay
of ~x~vt~- , 2010.
EAGLE COUNTY, COLORDO
By and through its Board of County
ATTEST: Commissioners
r e~``~~.
-. i
Teak J. Simonto *~ '~ ara J. Fisher,
Clerk to the Board °~°''~ Chairman
PRO RODEO
By:
Pete Carr
Title: ~~,{fl~,~i(~
STATE OF ~ ~Q 5 )
SS.
COUNTY OF )
The foregoing instrument was acknowledged
this~~ day of ~A r J , 2010.
M commis i x fires: t- ,off b Z ~~
y Public
before me by ,COY ~ ,
,~ a.PO'~ CONNIE K. FERRAR
?~ ••'• `~ Notary Public, State of Texas
;~,,' My Commission Expires
`!~-;~.~o;~t,'~` Februory 26, 2011
„~„~_
