No preview available
HomeMy WebLinkAboutC99-172 Campbell-Hansmire SheepAGREEMENT BETWEEN CAMPBELL- HANSMIRE SHEEP AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT is made thisday of OLt , 1999, by and between the county of Eagle, state of Colorado (hereinafter referred to as "Coup "), by and through its Board of County Commissioners, and CAMPBELL-HANSMIRE SHEEP. 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 1999 Eagle County Fair and Rodeo is scheduled to be held at the Eagle County Fairgrounds on Thursday, August 5, August 6, August 7 and August 8,1999; 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 Sections 30-11-101, 10-11-103, and 10-11-107; C.R.S., as amended. 2. Campbell-Hansmire represents that he is duly authorized to enter into this Agreement for its intended purposes COMPENSATION 3. Campbell-Hansmire agrees to provide 20 head of sheep for the Muttin' Bustin' event at the Eagle County Fair & Rodeo on August 5 at 8:00pm, August 6 at 8:00pm, August 7 at 8:00pm and August 8 at 1:00pm, 1999. 4. County shall provide water, alfalfa hay and pen space for the sheep. 5. County shall be resonsible for replacement of any animal injured during the event.If a sheep dies or is lost during the time they are at the fairgrounds, the County will replace that animal at the rate of One -Hundred Fifty Dollars($150.00)/ewe or Three Hundred Dollars($ 3 00.00)/ram. INDEPENDENT CONTRACTOR 6. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Campbell-Hansmire will be an independent contractor and not anemployee of Eagle County for all purposes, including, but not'limited to, the applicationof 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. Campbell-Hansmire will retain sole and absolute discretion in the judgment of the manner and themeans of carrying out Entertainer's activities and responsibilities under this Agreement. 8. Entertainer 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. 9. This Agreement shall not be construed as creating any joint employment relationship between Campbell-Hansmire and Eagle County, and Eagle County shall not be liable for any obligation incurred by Campbell-Hansmire, including, but not limited to unpaid minimum wages and/or overtime premiums. i 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, County of Eagle, State of Colorado c/o County Administrator P. O. Box 850 Eagle, CO 81631 Entertainer: Randy Campbell Campbell-Hansmire P.O. Box 787 Edwards, CO 81632 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 1999 Eagle County Fair impossible, this Agreement may be voided by the County upon giving written notice to Campbell-Hansmire, 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. Campbell-Hansmire 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 Campbell-Hansmire is unable to fulfill his obligations herein, Campbell- Hansmire agrees tohold Eagle County, its boards, commissions, officers, and employees harmless for all expenses, losses, liabilities, and claims of any 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. WITNESS WHEREOF, the parties have executed this Agreement this' d y of 1999. wvpe EactdCac * COUNTY OF EAGLE, STATE OF COLORADO, ATTEST: °""D* by and through its Board of County Commissioners: ATTEST: /_,wn.rwofraMlmm •john7nhillips,4 CONTRACTOR:CAMPBELL-HANSMIRE By: Print Name: L Title: K-74 2jy4 / 11 ADDENDUM TO THE AGREEMENT BETWEEN EAGLE COUNTY GOVERNMENT ANDCAMPBELLHANSMIRE SHEEP AGREEMENT 1. Eagle County Fair and Rodeo in additionto providing alfalfa hay and fresh water will also provide shade for the sheep during their stay. 2. In exchange for providing the sheep, 8 passes to any of the four(4) PRCA Rodeos and four(4) tickets to the Bull Riding Event on July 30th will be given to Campbell Hansmire. 3. Announcement of "Campbell Hansmire Sheep, an Eagle County Range Sheep Operation providing the sheep for the muttin' bustin' event will be acknowledged during the Rodeo. 4. Campbell Hansmire banner will be presented inside the arena during the rodeo. EAGLE COUNTY, COLORADO, By and through its Board of County Commissioners: M OWN wol ' •