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HomeMy WebLinkAboutC99-076 A Northern A'Fair�,evq,-76 , �k7 AGREEMENT BETWEEN A NORTHERN A'FAIR AND EAGLE COUNTY COLORADO CONCERNING AMUSEMENTS AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this day of 1999, by and between Eagle County, Colorado ("County"), by and through its BoAd of County Commissioners, and A Northern A'Fair ("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 1999 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds August 1 through August 8, 1999; 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. In return for guaranteed compensation provided by the County, Contractor agrees to provide between 11 and 14 amusement rides. As part of the total number of rides, Contractor shall provide "kiddie rides". 4. The County will refer to specifically set forth revenue terms attached hereto marked as Exhibit "A" and incorporated here by this reference. 5: No dogs are allowed at the fairgrounds during hours of operation. 6. Contractor agrees to set up the rides at the Eagle County Fairgrounds on August 3, 1999 and operate the rides August 4-8, 1999. 7. The County agrees to allow Contractor to operate its own games, food and confection concessions at the Fairgrounds between August 4-8, 1999. 14mrJ \4010/ 8. Contractor agrees that it is subject to the jurisdiction of Eagle County with respect to those safety items which the County regulates; such safety inspections may include, but are not limited to inspection of food concessions by the Environmental Health Department and inspection of utility connections and equipment as well as structural apparatus by the Eagle County Building Department. 9. Eagle County agrees that the area depicted in the map attached to this agreement as Exhibit 1 ("Map") depicts the area in which Contractor may set up and operate its rides, concessions and games. The Map shows the Fairgrounds facilities and RV parking. 10. Eagle County will provide Contractor an event schedule and the required dates and times of operation. INSURANCE 11. Contractor represent to the County that it will maintain a general liability insurance policy in effect relative to the performance of its duties under this Agreement, in the minimum amount of Five Hundred Thousand Dollars ($500,000.00). 12. Contractor shall carry Comprehensive Motor Vehicle Insurance in the minimum amount of $150,000 per person/$500,000 per occurrence for bodily injury, and $500,000 for property damage, each occurrence. All liability and property damage insurance required under this Agreement shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 13. Proof of insurance is to be provided to the County thirty (30) days prior to the commencement of this Agreement. INDEPENDENT CONTRACTOR 14. 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. 15. Contractor 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. 16. 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. 17. 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. 18. 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 April 30 of any calendar year without reasonable cause. NOTICE 19. 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: A Great Northern A'Fair 4447 North 87th Avenue Phoenix, AZ 85037 Phone: (602) 849-8473 (Work) Phone: (602) 353-9224 (Home) Phone: (602) 873-4456 (Fax) MISCELLANEOUS 20. 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. 21. Contractor agrees to indemnify and hold harmless Eagle County with respect to any claims, liability or judgments resulting from acts or omissions of Contractor or Contractor's subcontractors, officers, employees, agents or volunteers in performing the service required be this Agreement. 22. 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 ..i N.01 to perform its obligations under this Agreement. 23. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 24. Any amendments to this Contract must be in writing and signed by both parties. 25. 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. 26. 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 '4A4 2 , 1999. EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners: By: Johnette Phillips Chairman A GREAT NORTHERN A'FAIR 1-3 1�J A GREAT NORTHERN A'FAIR 4447 NORTH 87" AVENUE PHOENIX, ARIZONA 85037 602-849-8473 fax 602-873-4456 EXHIBIT A January 12, 1999 THE FOLLOWING ELEMENTS OUTLINE OUR COMMITMENTS TO YOUR 1999 EAGLE COUNTY FAIR at EAGLE, COLORADO. We will provide 10% of our Amusement Ride revenue up to $20,000.00 (we offer single tickets @ .75 each, 22 tickets for $15.009 60 tickets for $30.00 with all rides requiring 2 or 3 tickets each) We will provide 15% of our Amusement Ride revenue for all ride receipts over $20,000.01 We will provide 20% of all pre -sale ticket sales to the committee. (we offer 10 rides for $10.00) We will provide 80 posters describing elements of the event We provide our portable refuse containers throughout the "Carnival" area We will provide shaded eating areas, park benches, and rest areas We will provide proper Insurance We provide our own power sources — we use "Cam Lock Electrical Systems" OPERATIONS We need area by Sunday August 1st We need an area for one unit of 200 *. 200 — both units 325 * 325 We need access to one regular water hook-up We can prjMde limited power for a nominal fee for the Events use a Executive Director Eagle County Fair at Eagle, Colorado Xf-flo-L Date Date i DISTI I-B—UTIOIV Ori finals to: !. Contract Book 2. 3. 4. CoQies to: !. Accounting 2. 3.