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HomeMy WebLinkAboutC14-015 Carr Pro Rodeo Agreement AGREEMENT BETWEEN
EAGLE COUNTY COLORADO
AND CARR PRO RODEO
FOR THE PRODUCTION OF THE
2014 EAGLE COUNTY RODEO
oikti
THIS AGREEMENT is made this-;day of&gm. tlytr-20-11, by and between Eagle County,
Colorado ("County"), by and through its Board of County Commissioners, and Can 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 2014 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County
Fairgrounds July 23,2014 through July 26,2014; 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:
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 23 through July 26, 2014, 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, Bullriding, 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, sound person, 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.
GI14-O I
1.4 Contractor will provide 4 performances of professional rodeo and slack held at a time
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 skillful, professional and competent manner and in accordance with the standard of
care, skill and diligence applicable to like service providers/producers. Further, in rending the
Services, 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 obligations.
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 The County shall pay Contractor the sum of eighty one thousand dollars ($81,000.00) 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 and provide Contractor with 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.
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 the
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'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 Can 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 all 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 Pa p
rties' 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&Rodeo
Eagle County, Colorado Rachel Oys,Assistant County Manager
P.O. Box 850 P.O. Box 850
Eagle, CO 81631 Eagle, CO 81631
Telephone: (970)328-8605 Telephone: (970)328-3646
Fax: (970)328-7207 Fax: (970) 328-8899
Contractor:
Can Pro Rodeo
Pete Can
5323 Spring Valley Rd., Ste 300
Dallas, TX 75254
Telephone: (214)236-0307
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 Services.
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 no
Contract Documents other that this Agreement. This Agreement may only be altered, amend, or
repealed in writing.
8.8 All documents (include 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 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/xprevprotlprograms/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 5th District for the State of Colorado.
• s
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
a v�ivittl, 2
EAGLE COUNTY, COLORDO
:y and through its Board of County
ATTEST: ? ., °c ommissioners
* .
•
*
Teak J. Simont , Sara Fisher,
Clerk to the Board Chairman
u4liv1
P O RODEO
By<— 0,1 441/(A._
PeeC.
STATE OF
y4kS }
) SS.
COUNTY OF
The oregoing instrument was acknowledged before me b �c� .y( , this a3 day
of ce.w ,be , 2013.
My commission expires: Feb .Z(o ap IS _ _
Not s P s lie
o
, 'tiriy�y CONNIE K FERRARO
Notary Public,State of Texas
r'. My Commission Expires
Obrudty 26, 2015
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PRCA Rodeo Proposal
Eagle County Fair&Rodeo Committee
Call'Pro Rodeo (CONTRACTOR) would like to submit the following proposal to the Eagle County Fair&
Rodeo.(COMMITTEE) for your July 23,24, 25,26th 2014 PRCA Rodeo in Eagle, C0.'
Base Fee: Eighty One Thousand Dollars($81,000)
For the preceding amount, CONTRACTOR will produce a 4;performance rodeo that includes tile.fallowing
even : Bareback Riding, Saddle Bronc Riding," Bull; hiding, Tie-dower Roping, Steer Wrestlng, Team
Roping and Women's Barrel Racing and associated slack, CONTRACTOR wilt provide the follow ng:
1. PRCA contract personnel,including announcer,sound person,specialty act/barrelman,
secretary,timers,bullfighters,pickup men,riding and timed dent boss; flankman, labor-
to open/puil bucking chute gates and sort and load bucking stock, and all production
pertaining to the rodeo performance.
Ali a- and tithed evennt stock required for,the productions of the PRCA events at the
rodeo,including trucking and care of the same.•3. lMourperforn ances of professional rodeo 8:00 pin nightly and any slack wilt be held after
the I performance.
Arena preparation.:
COMMITTEE wll 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. COIvLML•l"tE will furnish the PRCA
and WPRA approval fees including ju4.ge's,fees,C' d r o f TEE 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 CO ITTEI will provide grain; and hay for CONTRACTOR
livestock or any non-sanctioned even-livestock.COMMITTEE will be responsible for any federal, state or
local ta es incurred if applicable. COMMITTEE shad furnish CONTRACTOR with #en (10) hotel roams
per night from Sunday to Sunday.
R ding-Event Limits:
Limits set at(48 max)entries in the Bareback Ridin and Saddle Beane and (t 0 max) entries in the
Bull<Riding.
5 2 Spring Vallee ltcaad,suite 300, l)all.r ."l". 75254 1 072)3 6-9258 I'ax (97)38(- 5'';?
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Timed Event Limits:
Contract includes (40 max)entries in the Tie-Down Roping, Steer Wrestling, T ea n Roping. Any .
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:
This is a one year agreement for the 2014 rodeo season.
Executed on the day and year below written:
CONTRACTOR COMMITTEE
Carr Pro Rodeo Eagle County Fair-& Rodeo
11-5-13
Pete Carr,Owner Date Authorized Signature/Date
5323 Spring Road,Suite 300, Dallas, TX 75254 (972)386-9258 F'a; (972)38(1-7597
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Ea)gl, Court r;Fair&Rodeo,"Eagle,CO
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OERTII KATE HOLDER CANCELLATICIN
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