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HomeMy WebLinkAboutC99-173 Eagle Access Control17 ZS - AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND EAGLE ACCESS CONTROL CONCERNING SECURITY AT _. THE COUNTY FAIR AND RODEO THIS AGREEMENT is made thisI41L day of J , 1999, by and between Eagle County, Colorado ("County"), by and through its Board o County Commissioners, and Eagle Access Control ("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 July 30, 1999 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. Eagle Access Security agrees to provide fairgrounds security at the Eagle County Fairgrounds as follows: Saturday, July 30th, 1999 Thursday, August 5th, 1999 Friday, August 6th, 1999 Saturday, August 7.th, 1999 Sunday, August 8th, 1999 7:00 p.m. - 11:30 p.m. 5:00 P.M. -11:00 P.M. 5:00 p.m. - 11:00 P.M. 12:00 p.m. - 11:00 P.M. 12:00 p.m. - 3:00 p.m. 4. The County shall pay Contractor the sum of Two Thousand Four Hundred Fifty -One Dollars ( $2451.00) for 129 total hours at $19 per hour. Payment shall be due and payable upon the completion of performance. g:ldocsl agreenten. wpd i INDEPENDENT CONTRACTOR 5. 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. 6. Entertainer 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. 7. Contractor agrees that it is a seperate 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. 8. 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. 9. 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 10. 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 g: Idocslagreemen. wpd 1+/ Contractor: Eagle Access Control 5064 Black Gore Drive Vail, Colorado 81657 Telephone: (970) 479-6098 Fax: (970) 479-6118 MISCELLANEOUS 11. 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. 12. 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. 13. 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. 14. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 15. Any amendments to this Contract must be in writing and signed by both parties. 16. 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. 17. 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). g: ldocsl agreemen. wpd ll IN WITNESS WHEREOF, the parties have executed this Agreement this ay of 1999. vJill 04 sack lORADO EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners: Jill 6A to the Board Jo�u�hillips, 6airman EAGLE ACCESS CONTROL: wwo'00, �President g.• Idocslagreemen. wpd 11� SECURITY SCHEDULE Saturday, July 30, 1999 One Uniformed Guard At Each Main Grandstand Entrance Total: 2 Guards Total Hours: 9 Thursday, August 5th, 1999 One Uniformed Guard Roving West Side Of Fairground One Uniformed Guard Roving East Side Of Grandstand Total: 2 Guards Total Hours: 12 Friday, August 6th, 1999 Two Uniformed Guards Roving East Side Of Fairgrounds Two Uniformed Guards At West Entrances One Uniformed Guard At Beer Tent Entrance One Uniformed Guard At West Grandstand Entrance Total: 6 Guards Total Hours: 36 Saturday, August 7th, 1999 Four Uniformed Guards Roving West Fairground Side Four Uniformed Guards Roving East Fairground Side Four Uniformed Guards At West Entrances (Two Per Shift) Total: 12 Guards Total Hours: 66 Hours Sunday, August 8th, 1999 Two Uniformed Guards On West Fairground Side Total: 2 Total Hours: 6 g: Idocsl agreemen. wpd Nqw/ ADDENDUM TO THE AGREEMENT BETWEEN EAGLE COUNTY GOVERNMENT AND EAGLE ACCESS CONTROL CONCERNING SECURITY AT THE COUNTY FAIR & RODEO AGREEMENT 1. Eagle Access Control (Contractor) agrees to provide one additional Security Guard for overnight coverage at the Eagle County Fairgrounds on the following dates: July 30th, 1999 11:30 p.m. - 7:00 a.m. July 31 st, - 1999 11:00 p.m. - 7:00 a.m. August 1st, 1999 11:00 p.m. - 7:00 a.m. August 2nd, 1999 11:00 p.m. - 7:00 a.m August 3rd, 1999 11:00 p.m. - 7:00 a.m. August 4th, 1999 11:00 p.m. - 7:00 a.m. August 5th, 1999 11:00 p.m. - 7:00 a.m. August 6th, 1999 11:00 p.m. - 7:00 a.m. August 7th, 1999 11:00 p.m. - 7:00 a.m. 2. The overnight guard will provide roving security in the Livestock Area and the Grandstand\Arena of the Eagle County Fairgrounds. 3. Eagle County agrees to pay a $19 per hour rate for a total of 71.5 additional hours resulting in One Thousand Three Fifty -Eight Dollars and Fifty Cents ($1,358.50) added to the original contracted price of Two Thousand Four Hundred Fifty -One Dollars ($2,451.00). The new contracted price for total services rendered, July 30th, 1999 - August 8th, 1999 will be Three Thousand Eight Hundred Nine Dollars and Fifty Cents (3809.50). IN WITNESS WHEREOF, the parties have executed this Agreement this day of ,1999. Clerk to the Board EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners: By: Johnette Phillips, Chairman EAGLE ACCESS CONTROL By: President