HomeMy WebLinkAboutC13-093 Carr Pro Rodeo Agreement AGREEMENT BETWEEN
EAGLE COUNTY COLORADO
AND CARR PRO RODEO
FOR THE PRODUCTION OF THE
2013 EAGLE COUNTY RODEO
THIS AGREEMENT is made this day of 2013, by and between Eagle County,
Colorado ( "County "), by and throug its Board o 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 2013 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County
Fairgrounds July 24, 2013 through July 27, 2013; and
WHEREAS, Contractor is a company specializing in the production of professional 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:
Article 1 - SCOPE OF WORK
1.1 In accordance with Contractor's proposal attached hereto as Exhibit A and incorporated
herein by this reference, Contractor will produce a 4 -day professional rodeo and associated
slack at the Eagle County Fairgrounds on July 24 through July 27, 2013, that adheres to the
respective rules and regulations of the Professional Rodeo Cowboy's Association ( "PRCA "),
the Woman's Professional Rodeo Association ( "WPRA ") and the Professional Woman's Barrel
Racing ( "PWBR "), including but not limited to the following events: Bareback Riding, Saddle
Bronco Riding, Tie -down Roping, Steer Wrestling, Team Roping, Buliriding, Women's Barrel
Racing and associated slack and entertainment (the "Services "). In the event of any conflict
between the contents of this Agreement and Exhibit A, this Agreement shall control.
1.2 To complete the Services, Contractor agrees to retain, contract with and be responsible
for the performance of all necessary PRCA contract personnel for production of the Rodeo,
including pickup men, riding event chute boss, flankman, labor to open/pull bucking chute gates
and sort and load bucking stock, secretary, timers, announcer, sound person, bull fighters, the
barrel man and one specialty act. Contractor agrees that County retains ultimate discretion with
respect to the barrel man, announcer and the specialty act for the Rodeo. Contractor must
obtain County's preapproval for the proposed barrel man, announcer and specialty act before
finalizing any subcontract for the same.
1.3 Contractor will provide all riding and timed event stock required for the productions of
the PRCA events at the rodeo, including trucking and care for the stock.
1.4 Contractor will provide 4 performances of professional rodeo and slack held at the dates
and times designated by County and approved by the PRCA.
1.5 Contractor will be responsible for provision of the Services and shall perform the
Services in a skillful, professional and competent manner and in accordance with the standard
of care, skill and diligence applicable to like service providers /producers. Further, in rendering
the Services, Contractor shall comply with the highest standards of customer service to the
public. Contractor shall provide appropriate supervision of its employees and subcontractors to
ensure the Services are performed in accordance with this Agreement
1.6 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.
Article 2 - COUNTY OBLIGATIONS
2.1 Arena preparation: County will furnish all liability insurance, arena cost and preparation,
veterinarian, ambulance and first aid on the grounds during all events.
2.2 County will be responsible for concession, restrooms, parking, admission gates, crowd
control, and security.
2.3 County will provide pens in good working condition, adequate water and troughs.
2.4 County will be responsible for all promotion and advertising for the Rodeo.
2.5 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.
2.6 County will provide all necessary labor needed for the remainder of the production of
the rodeo.
2.7 County will be responsible for all grain and hay for Contractor livestock.
2.8 County shall allow Contractor to market merchandise at the event in accordance with
PRCA guidelines at no additional cost.
Article 3 - TERM
3.1 This Agreement shall commence upon execution of this Agreement by both parties and
shall continue in full force and effect until the Services are satisfactorily completed in
accordance with the terms of this Agreement.
Article 4 - COMPENSATION
4.1 For the Services to be provided hereunder, the County shall pay Contractor the sum of
seventy eight thousand five hundred dollars ($78,500.00) for production of the rodeo as
contemplated by the terms of this Agreement. Payment will be made in full upon completion of
services provided in accordance with this Agreement.
4.2 In addition, the County shall arrange, pay for ten (10) hotel rooms per night from
Monday night, through Saturday night, of the event week. However, County shall not be held
responsible for any additional charges incurred by Contractor, any damage done by Contractor
or its, subcontractors, employees, agents or invitees during Contractor's stay at the County
arranged hotel. Contractor agrees to be solely responsible for and to pay for any such charges,
liabilities or fees.
4.3 County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall
be made to the County nor shall any payment be made to the Contractor in excess of the amount
for any Services done without the written approval in accordance with a budget adopted by the
Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties
agree that the County is a governmental entity and that all obligations beyond the current fiscal
year are subject to funds being budgeted and appropriated.
4.5 The signatories to this Agreement aver to their knowledge, no employee of the County
has any personal or beneficial interest whatsoever in the service or property described in this
Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any matter or degree with the performance of Contractor's services and
Contractor shall not employ any person having such known interests.
Article 5 - INSURANCE
5.1 Contractor's Insurance: Contractor shall provide coverage with limits of liability not
less than those stated below. An excess liability policy or umbrella policy may be used to meet
the minimum liability requirements provided that the coverage is written on a "following form"
basis.
A. Commercial General Liability — Occurrence Form
The policy shall be endorsed to include the following additional insured
language: "Eagle County, its subsidiary, parent, associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents,
and volunteers shall be named as an additional insured with respect to liability
arising out of the activities performed by, or on behalf of the Carr Pro Rodeo."
Minimum Limits:
General Aggregate: $2,000,000
•
Each Occurrence Limit: $2,000,000
B. Automobile Liability
The policy shall include protection for bodily injury and property damage for any
owned, hired and non -owned vehicles used in the performance of this
Agreement.
Minimum Limits:
Bodily Injury/Property Damage (each accident) $1,000,000
C. Workman's Compensation
As required by law.
5.2 Additional Insurance Requirements: The insurance policies required herein shall
include, or be endorsed to include, the following provisions:
A. On insurance policies where Eagle County is named as an additional
insured, Eagle County shall be an additional insured to the full limits of liability
purchased by Contractor even if those limits of liability are in excess of those
required by this Agreement.
B. The Contractor's insurance coverage shall be primary insurance and non-
contributory with respect to all other available sources.
5.3 Subcontractor's Insurance: Before permitting any of his Subcontractors to perform
Services associated with this Agreement, Contractor shall either (a) require each of his
Subcontractors to procure and maintain during the life of his Subcontracts insurance consistent
with the requirements of paragraph 5.1 above, or (b) insure the activities of his Subcontractors
in his own policy.
5.4 Notice of Cancellation: Each insurance policy required by the insurance provisions of
this Agreement shall provide the required coverage and shall not be suspended, voided or
cancelled except after thirty (30) days prior written notice has been given to the County, except
when cancellation is for non - payment of premium, then ten (10) days prior written notice may
be given. Such notice shall be sent directly to: Eagle County Board of Commissioners, 500
Broadway, P.O. Box 850, Eagle, Colorado, 81631.
Article 6 - INDEPENDENT CONTRACTOR
6.1 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.
6.2 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 and
agrees to utilize a high level of skill necessary to perform the work.
6.3 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.
Article 7 - NOTICE
7.1 All notice shall be given in writing, by fax and/or by certified mail, to the respective .
party as follows:
County:
With a copy to:
Board of County Commissioners, Eagle County Fair and Rodeo
Eagle County, Colorado Rachel Oys, Asst. County Manager
P.O. Box 850 P.O. Box 850
Eagle, CO 81631 Eagle, CO 81631
Telephone: (970) 328 -8605 Telephone: (970) 328 -8858
Fax: (970) 328 -7207 Fax: (970) 328 -8899
Contractor:
Carr Pro Rodeo
Pete Carr
5323 Spring Valley Rd., Ste 300
Dallas, TX 75254
Telephone: (903) 286 -8100
Fax: (972) 386 -7597
7.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted
and confirmed received or, if transmitted after normal business hours, on the next business day
after transmission, provided that a paper copy is mailed the same date; or three days after the
date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service.
Article 8 - MISCELLANEOUS
8.1 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 contact.
8.2 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 imposes 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.
8.3 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
(90) 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.
8.4 Neither the Contract, nor any interest nor claim may be assigned by the Contractor
without prior written approval of the County.
8.5 Any amendments to this contract must be in writing and signed by both parties.
8.6 This Contract may not be relied upon by any third party as the basic for a claim.
8.7 This Agreement represents the entire Agreement between the parties hereto. There are
g P g P
no Contract Documents other than this Agreement. This Agreement may only be altered,
amended, or repealed in writing.
8.8 All documents (including electronic files) and materials which are obtained during,
purchased or prepared in the performance of the Services shall remain the property of the
County and are to be delivered to County before final payment is made to Contractor or upon
earlier termination of this Agreement.
Article 9- PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES.
If Contractor /Consultant has any employees or subcontractors, Contractor /Consultant shall
comply with. C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for
Services, and this Contract. By execution of this Contract, Contractor /Consultant certifies that
it does not knowingly employ or contract with an illegal alien who will perform under this
Contract and that Contractor /Consultant will participate in the E- verify Program or other
Department of Labor and Employment program ( "Department Program ") in order to confirm
the eligibility of all employees, who are newly hired for employment to perform work under this
Contract.
9.1 Contractor /Consultant shall not:
(i) Knowingly employ or contract with an illegal alien to perform work
under this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor /Consultant that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under the public contract
for services.
9.2 Contractor /Consultant has confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this Contract
through participation in the E- verify Program or Department Program, as
administered by the United States Department of Homeland Security.
Information on applying for the E- verify program can be found at:
http: / /www.dhs.gov /xprevprot/programs /gc 1185221678150.shtm
9.3 The Contractor /Consultant shall not use either the E- verify program or other
Department Program procedures to undertake pre- employment screening of job
applicants while the public contract for services is being performed.
9.4 If the Contractor /Consultant obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or
contracts with an illegal alien, the Contractor /Consultant shall be required to:
(a) Notify the subcontractor and the County within three days that the
Contractor /Consultant 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 (a) of the
paragraph (4) the subcontractor does not stop employing or contracting
with the illegal alien; except that the Contractor /Consultant 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.
9.5 The Contractor /Consultant 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 established in C.R.S.
§ 8- 17.5- 102(5).
9.6 If a Contractor /Consultant violates these prohibitions, the County may terminate
the contract for a breach of the contract. If the contract is so terminated
specifically for a breach of this provision of this Contract, the
Contractor /Consultant shall be liable for actual and consequential damages to the
County as required by law.
9.7 The County will notify the office of the Colorado Secretary of State if
Contractor /Consultant violates this provision of this Contract and the County
terminates the Contract for such breach.
Article 10 - JURISDICTION AND VENUE
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 5 District for the State of Colorado.
// REMAINDER OF PAGE INTENTIONALLY LEFT BLANK //
IN WITNESS WHEREOF, the parties have executed this Agreement this 9 day of
______44___‘ , 2013.
EAGLE COUNTY, COLORDO
• By and through its Board of County
ATTEST: 0 ei Commissioners
lirl
A le lA " *
Teak J. Simon on, ,
Clerk to the Board Chairman
C PRO ODEO
By: /mil
Pete Carr
Title: � il-t4
�V f
STATE OF TeXaS )
) SS.
COUNTY OF Ili &ctS )
The foregoing instrument was acknowledged before me by . \ " f Ne__ Cogf , this pit's day
of MOW , 2013.
My commission expires: V-60. at., 010 IS atiL",,.. • •
N er ub1ic
•" """ CONNIE K FERRARO
Notary Public, State of Texas
•
My Commission Expires
' '''�� ; �rf ii;;;; �` February 26, 2015 5
� /I lt 11 Mme• - �y
•
'11
Carr Pro Ro *
'Livia' Lift in Eight Seconds"
PRCA Rodeo Proposal
Eagle County Fair & Rodeo Committee
Carr Pro Rodeo (CONTRACTOR) would like to submit the following proposal to the Eagle County Fair &
Rodeo (COMMITTEE) for your July 24, 25, 26, 27 2013 PRCA Rodeo in Eagle, CO.
Base Fee: Seventy Eight Thousand Five Hundred Dollars ($78,500)
For the preceding amount, CONTRACTOR will produce a 4 performance rodeo that includes the following
events: Bareback Riding, Saddle Bronc Riding, Bull Riding, Tie -down Roping, Steer Wrestling, Team
Roping and Women's Barrel Racing and associated slack. CONTRACTOR will provide the following:
1. PRCA contract personnel, including announcer, sound person, specialty act/barrelman,
secretary, timers, bullfighters, pickup men, riding and timed event boss, flankman, labor
to open/pull bucking chute gates and sort and load bucking stock, and all production
pertaining to the rodeo performance.
2. All riding and timed event stock required for the productions of the PRCA events at the
rodeo, including trucking and care of the same.
3. Four performances of professional rodeo 8:00 pm nightly and any slack will be held after
the 1s performance.
Arena Preparation:
COMMITTEE will furnish all liability insurance, arena cost and preparation, veterinarian, ambulance and
first aid on the grounds during all events. COMMITTEE will be responsible for concession, restrooms,
parking, admission gates, crowd control, and security. COMMITTEE will provide arena and pens in good
working condition, sound system and adequate water troughs for CONTRACTORS livestock.
Committee Responsibility:
COMMITTEE will be responsible for all promotion and advertising. COMMITTEE will furnish the PRCA
and WPRA approval fees including judge's fees, COMMITTEE will provide all added money for all events,
as well as all necessary labor needed for the remainder of the production of the rodeo. COMMITTEE will
provide the arena and sound system COMMITTEE will provide grain and hay for CONTRACTOR
livestock or any non - sanctioned event livestock. COMMITTEE will be responsible for any federal, state or
local taxes incurred if applicable. COMMITTEE shall furnish. CONTRACTOR with ten (10) hotel rooms
per night starting on Monday prior to the event.
Riding Event Limits:
Limits shall be set at (48 max) entries in the Bareback Riding and Saddle Bronc and (60 max) entries in the
Bull Riding.
EXHIBIT
5323 Spring Valley Road, Suite 300, Dallas, TX 75254 (972)386 -9258 Fax (972) b ,,
8
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arr P ro Ro deo
4.,
"Livia' Lift in Eight Seconds"
Timed Event Limits:
Contract includes (40 max) entries in the Tie -Down Roping, Steer Wrestling, Team Roping. Any increase
in these numbers will result in additional cattle and trucking cost. At that time the base contract referenced
above shall be adjusted accordingly to accommodate the additional entries.
Communication:
All written communication concerning the rodeo can be addressed to Carr Pro Rodeo, 5323 Spring Valley
Road, Suite 300, Dallas, TX 75254. Weekdays from 8:00 am — 5:00 pm or you may reach Pete Carr on his
cell phone at 214 - 236 -0307. Facsimiles may be sent to 972 - 386 -7597.
Terms of Contract:
.. - - . .. . .. - B. - -- --
2013 $78,500.00
4 di n .man non nn
Executed on the day and year below written:
CONTRACTOR COMMITTEE
Carr Pro Rodeo Eagle County Fair & Rodeo
II.
3 - 15 - 13
Pete Carr, Owner Date Authorized Signature / Date
5323 Spring Valley Road, Suite 300, Dallas, TX 75254 (972)386 -9258 Fax (972)386 -7.597
Eagle PRCA Rodeo Breakdown
Bareback outs $ 11,500
Saddle Bronc Outs $ 11,500
Bulls Outs $ 12,000
Timed event cattle $ 3,000
Barrelman /Act $ 9,000
Announcer $ 5,000
Secretary /Timers $ 3,200
Sound Operator $ 3,500
Pick up Men $ 4,500
Bullfighters $ 4,500
Chute boss $ 1,800
Labor $ 4,000
Trucking $ 4,250
Media /Mist $ 750
$ 78,500
