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Home My WebLink AboutC02-213 Daredevil Darlings•A `•� AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND —DAREDEVIL DARLINGS_ AT THE 63RD EAGLE COUNTY FAIR AND RODEO THIS AGREEMENT is made this -:2 8 day of , 200`� by and between Eagle County, Colorado ("County"), by and through it Board of County Commissioners, and THE DAREDEVIL DARLINGS ("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 2002 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 27, 2002 through August 4, 2002; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties 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 10-11-107, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT 3. The Contractor shall provide four (4) performances of trick riding from July 31' , August 1" , August 2"d , and August 3`d , 2002 at the 63d Eagle County Fair & Rodeo. COMPENSATION 4. The County shall pay Contractor the sum performances at $_500.00_ per performance. the signing of this contract and the balance performance. INSURANCE of _$2000.00 for _4_ total 25% of payment shall be due after payable upon the completion of 5. 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 may be liable. All such insurance shall remain in ei...it until the contract has been fully permed and Contractor has pi departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conductthat line of insurance business in the state of Colorado. Insurance coverages shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, in the amount $100,000 per person; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees; damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and claims insured by usual personal injury liability coverage; in the amount $500,000 per person/$1 million per occurrence; Comprehensive Automobile Insurance in the amount $500,000 per person/$1 million per occurrence. Certificates of Insurance acceptable to the County shall be filed with the County prior to Contractor beginning performance of this contract, and Contractor will not be given access to the Fairgrounds until it has done so. These Certificates shall contain provisions naming the County as an additional insured (except under workers' compensation insurance), and that coverage afforded under the policies will not be cancelled until at least thirty days written notice has been given to the County. INDEPENDENT CONTRACTOR 6. 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. 7. County will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Contractor's activities and responsibilities under this Agreement. 8. Contractor agrees that it is a separate and independent enterprise from Eagle -:1 County, that it h..full opportunity to find other businethat 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 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. 10. Either party may terminate this Agreement on written notice to the other party thirty days prior to the desired termination. However, in no event may either party terminate this Agreement after June 30 of any calendar year without reasonable cause. NOTICE 11. All notices shall be given in writing, by telefax 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: THE DAREDEVIL DARLINGS P.O. BOX 134 LINGLE, WY 82223 (307) 534-6755 or (307) 534-6787 MISCELLANEOUS 12. All the clauses of this contract are distinct and severable, and if any clause shall be deemed illegal, void or unenforceable, it shall not effect the validity, legality, or enforceability of any other clause or portion of the contract. 13. Artist 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 may be 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 Artist, including employees, subcontractors and agents, whether or not acting within the scope of their erNpobyment or agency. `� 14. Eagle County agrees to indemnify and hold harmless Contractor to the extent allowed by law with respect to any claims, liability or judgments resulting from the County's failure to perform its obligations under this Agreement. 15. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 16. Any amendments to this Contract must be in writing and signed by both parties. 17. 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. 18. 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 any December 31 of each calendar year during the term of this contract, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. 29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). IN WITNESS WHEREOF, the parties have executed this Agreement this day of 2009 EAGLE COUNTY, COLORADO, Fair & Rodeo Manager, zi L. E. Willia s, Jr. By. 4 .QI Lcn C /IAI Contractor u JU` 3 p 2002 t DIST-- IBU O Originals to: 1. Contract Book 2.tC:-C ZOOZ-old 3. 4. Conies to- Acrounting