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Home My WebLink AboutC97-146 Bleachers International IncC 9714 6 i►7, AGREEMENT BETWEEN BLEACHERS INTERNATIONAL, INC. AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT made this 4 day of�s1 ,e —91997. by and between the County of Eagle, State of Colorado (hereinafter referred to as "County"), by and through its Board of County Commissioners, and Bleachers International, Inc. (hereinafter referred to as "Contractor"). WHEREAS, the County is the owner of certain real property located in the County of Eagle, State of Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds"; and WHEREAS, the 1997 Eagle County Fair and Rodeo is scheduled to be held at the Eagle County Fairgrounds July 26 - August 3, 1997; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: AUTHORITY TO CONTRACT 1. The County represents it is duly authorized to enter into this Agreement pursuant to Section 30-11-101, 10-11-103, and 30-11-107, C.R.S., as amended. 2. Contractor represents that he/she is duly authorized to enter into this agreement for its intended purposes. COMPENSATION 3. Contractor agrees to provide portable bleachers capable of seating 2,100 people, including delivery and set-up, on or before July 7, 1997 in the Rodeo arena, at the Eagle County Fairgrounds. 4. Total cost of services to be provided by Contractor shall not exceed Seventeen Thousand Three Hundred Twenty-five Dollars ($17,325.00) which includes bleacher rental plus mileage. C l 5. The following payment schedule shall apply: Payment #1 $1,732.50 Due upon signing of contract Payment #2 7,796.25 Due 30 days before set-up June 7, 1997 Payment #3 7,796.25 Due upon completion on July 7, 1997 6. Contractor agrees to exercise care in keeping its equipment in good condition. County assumes full liability for any damage or loss to the equipment occurring due to theft, fire, water damage or other agency beyond the control of the employees of Contractor while in the possession of County. 7. County promises to return equipment to Contractor on the date and hour as contracted in the same condition as received excluding normal wear and tear, County shall be liable for any loss, theft, damage or destruction of the leased equipment. All equipment lost or damaged beyond repair shall be paid for by the County at replacement cost value and all damaged equipment which may be repaired, shall be repaired by Contractor on the return thereof, with the repair costs assessed to the County. INSURANCE 8. Contractor represents to the County that it will maintain a general liability insurance policy in effect relative to the performance of its duties hereunder, in the minimum amount of Six Hundred Thousand Dollars ($600,000). 9. Contractor shall carry Comprehensive Motor Vehicle Insurance in the minimum amounts of $150,000/$600,000 for bodily injury, and $600,00 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 10. Proof of insurance is to be provided to the County thirty (30) days prior to the commencement of this Agreement. INDEPENDENT CONTRACTOR 11. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will be an independent contractor and not an employee of Eagle County for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, 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. 2 12. Contractor will retain sole and absolute discretion in the judgement of the manner and the means of carrying out Contractor's activities and responsibilities hereunder. 13. Contractor agrees that it is a separate and independent enterprise from Eagle County, that it has a 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. 14. This agreement shall not be construed as creating any joint employment relationship between Contractor and Eagle County, and Eagle County will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. MISCELLANEOUS 15. Contractor agrees to place bleachers at the specific locations designated by the County and behind barricades and fencing to protect patrons from injury and bleachers from damage. Any changes from this location will be at the expense of the County. 16. The only fencing provided by Contractor is for safety fencing on the guard rails of the bleachers. Contractor does not remove objects or alter landscaping to install its bleachers. 17. Contractor agrees to hold harmless and indemnify the County against any liability arising out of the negligent acts of its employees or agents. Likewise, the County agrees to hold harmless and indemnify Contractor against liability arising out of the negligent acts of its employees or agents. 18. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right or cause of action arising under or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 19. In the event of any litigation between the parties hereto regarding the interpretation of the Agreement or the obligation, duties or rights of the parties hereunder, or if suit or otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, than and in any of such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 3 20. This Agreement shall not be assignable without the prior written consent of the parties hereto. Any such attempted assignment shall be void. 21. This Agreement constitutes the entire agreement between the parties hereto. Any amendments, additions, alterations or modifications to the terms or conditions of the Agreement shall be in writing and signed by both parties. NOTICE 22. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: Contractor: Bleachers International, Inc. P.O. Box 718 1422 Monroe Street Strasburg, CO 80136-0718 (303)622-9506 County: Board of County Commissioners County of Eagle, State of Colorado c/o Eagle County Administrator P.O. Box 850 Eagle, Colorado 81631 M IN WITNESSr"F'. REOF, the parties hereto have executed this Agreement this � day of [, 1997. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its �F zAke cBOARD OF COUNTY COMMISSIONERS we ow ATTEST: ,n r cO'cr ' By: Clerk to the Bo d of�Plnnette Phillips, Chairmalf County Commissioners ATTEST: 5 CONTRACTOR �-� Ey: /z (Print Name): Title: �<e'_