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HomeMy WebLinkAboutC97-188 Scott CameronC'9718831 AGREEMENT BETWEEN SCOTT CAMERON AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT made this 16 day of —SU ry'� , 1997, by and between the County of Eagle, State of Colorado (hereinafter referred to as "County"), by and through its Board of County Commissioners, and Scott Cameron ("Entertainer"). 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 on July 31, August 1st, 2nd, and 3rd, 1997; and WHEREAS, the County desires to engage Entertainer to perform at the 1997 Eagle County Fair, and Entertainer is willing to so perform. 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 Sections 30-11-101, 10-11-103, and 30-11-107, C.R.S., as amended. 2. Entertainer represents that he/she is duly authorized to enter into this agreement for its intended purposes. COMPENSATION: 3. Entertainer is to perform as a Bullfighter at the Eagle County Fair during the 8:00 p.m. PRCA rodeos on July 31, August 1, and 2, 1997; and the 1:00 p.m. PRCA rodeo on August 3, 1997. 4. County shall pay Entertainer the sum of One Thousand Four Hundred Dollars ($1400.00) for the performance. Payment shall be due and payable upon completion of the performance on August 3, 1997. INSURANCE 5. The Entertainer shall purchase and maintain during the term of this Agreement, insurance in the following types and coverages protecting it from claims which may arise out of or result from Entertainer's operations under this Agreement, whether such operations be by itself or by any subcontractor or by anyone directly employed by any of them, or by anyone for whose acts any of them may be liable. A. Proof of liability insurance provided by the PRCA. Copies of the PRCA insurance card shall be provided to the County thirty (30) days prior to the Rodeo. INDEPENDENT CONTRACTOR: 6. This agreement does not create an employee, employer relationship between the parties. It is the parties' intention that Entertainer 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 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. 7. Entertainer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Entertainer activities and responsibilities hereunder. 8. Entertainer 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. 9. This agreement shall not be construed as creating any joint employment relationship between Entertainer and Eagle County, and Eagle County will not be liable for any obligation incurred by Entertainer, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE: 10. All written notices shall be given by certified mail to the following addresses, as applicable: Board of County Commissioners c/o Eagle County Administrator P.O. Box 850 Eagle, CO 81631 2 Entertainer: Scott Cameron 35950 Hwy 257 Windsor, CO 80550 Miscellaneous: 11. In case of the occurrence of any natural or man-made disaster or any other event beyond the control of the County which makes the holding of the 1997 Eagle County Fair impossible, this . Agreement may be voided by the County upon giving written notice to Entertainer, at the address provided herein. 12. This agreement shall be governed by and construed in accordance with 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. 13. Entertainer shall not sublet nor assign this agreement without the prior written consent of the County, which may be withheld for any purpose. 14. In the event Entertainer is unable to fulfill his obligations herein, Entertainer agrees to hold Eagle County, its boards, commissions, officers, and employees harmless for all expenses, losses, liabilities and claims of every kind incurred by it for the intended purposes set forth herein. 15. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. 16. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 17. This written agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Fair and Rodeo Committee other than those contained herein. 18. All agreements herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 3 IN WITNESS WHEREOF, the parties here to have executed this Agreement this Ao day of 0 ^J , 1997. COUNTY OF EAGLE, STATE OF � $AGLF COLORADO, By and Through Its ATTEST: �o °oma BOARD OF COUNTY CONIMISSIONERS COLORADO Clerk to the Board of ps, man County Commissioners n� o-t--- NTE TAINER ATTEST: By: (Print Name): Title: uGl.* i Crff �'E%L 4