HomeMy WebLinkAboutC99-171 Burns Rodeo CompanyAGREEMENT BETWEEN
THE
BURNS RODEO COMPANY
AND
THE COUNTY OF EAGLE, STATE OF COLORADO
THIS AGREEMENT is made this _ day ofJ��, 1999, by and between the County of
Eagle, state of Colorado (hereinafter referred to as "County"), by and through its Board of
County Commissioners, and the BURNS RODEO COMPANY ("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 1999 3rd annual Mr. T Invitational Bull Riding event is scheduled to be held at
the Eagle County Fairgrounds on Friday July 30 and the Eagle County Fair and Rodeo on August
5, August 6, August 7 and August 8,1999; and
WHEREAS, in conjunction with the 1999 Eagle County Fair, the County desires to use the arena
area and associated facilities at the Eagle County Fairgrounds for the intended purpose of having
a rodeo of a quality which would qualify the rodeo to be sanctioned by the Professional Rodeo
Cowboy's Association (hereinafter "PRCA") and a bullriding event.
WHEREAS, Contractor represents that it is ready, willing and able to produce the caliber of
rodeo and bullriding event desired by the County.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the parties hereto agree as follows:
AUTHORITY TO CONTRACT
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. Contractor represents that it is a Wyoming corporation duly organized and existing under
the laws of the State of Colorado, and that it is duly authorized pursuant to its Articles of
Incorporation and Bylaws to enter into this Agreement for the intended purpose.
Contractor represents that the person executing this Agreement has been duly authorized
to act on behalf of Contractor.
SCOPE OF RODEO
3. Contractor shall produce any and all necessary slack events and four (4) PRCA rodeo
performances, each containing seven events including: Bareback, Saddle Broncos,
Bullriding, Calf Roping, Steer Wrestling, Ladies Barrel Race, Team Roping.
Performances are scheduled for: August 5, 6, and August 7 at 8:00 p.m. and August 8
at 1:00p.m.
4. Contractor shall provide the horses and equipment of which are necessary for the rodeo
performance.
5. The County shall provide the following personnel: Rodeo Secretary, Announcer, Two (2)
Timers, Two (2) Pickup Men, and Two (2) Bullfighters. The County shall also provide
fees necessary for PRCA judges, added money, and sanction fees, as described in
Compensation Section below.
6. The Rodeo performances shall be held at the Eagle County Fairgrounds in the rodeo
arena. The County agrees to provide and pay for electricity, water, trash removal, local
telephone charges, sanitation and other ordinary utility services to the premises during the
rodeo events and activities contemplated herein, and to the same extent as the County
provides to the Eagle County Fairgrounds during the Eagle County Fair. The County
shall provide water and watering facilities for livestock, a maximum of five (5) tons of
hay and 2500 pounds of grain necessary for feeding livestock, and necessary pens for
holding livestock.
SCOPE OF Mr. T INVITATIONAL BULL RIDING EVENT
7. Contractor shall produce bullriding performance scheduled for Friday, July 30, 1999.
8. The County shall provide the following personnel: Rodeo Secretary, Timer, and a
(2)Bullfighters, all of which are necessary personnel for the bullriding.
9. The County shall provide fees necessary for bull riding judges, announcer and added
money as described in the compensation section below.
10. The bullriding performance shall be held at the Eagle County Fairgrounds in the rodeo
arena. The County shall provide water and watering facilities for livestock, and hay,
grain and necessary pens for feeding and holding livestock related to the event.
COMPENSATION
11. The County shall pay to Contractor for services, stock and labor delivered and performed
under this Agreement, the sum of Sixteen Thousand Four Hundred Eighty -Five
Dollars($16,485). A deposit of $5,000 is due within 30 days of receipt of this
signed agreement. The balance will be paid by Eagle County warrant of the final day of
the perfonnance (August 8, 1999). Breakdown of the sum is as follows:
Bull Riders event $4,935
PRCA Rodeo $11,550
12. hi addition to said payment to Contractor the County shall provide the following fees:
PRCA Rodeo Purse $7,500
PRCA Rodeo Judges' fees $1,000
Bullriding Purse _ $3,000 —` , U G
Bullriding Judges' fees $500 -2 ,-0
TOTAL Purse and Fees $12,000
13. County shall provide lodging for (1) person Thursday July 29 through the night of
Saturday, August 7 and for (2) people Friday July 30.
INSURANCE
14. The County shall procure and maintain in force, at its sole expense, Comprehensive
Rodeo Liability Insurance. Such coverage shall be adequate to protect Contractor and the
County against liability for claims for injury or damages to spectators arising out of,
related to, or resulting from the performances and/or slack of rodeo events and activities
contemplated herein, in a minimum amount of Six Hundred Thousand Dollars ($600,000)
for any one accident.
...
15. The Contractor 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 the Contractor'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.
y B.
for property'd niag
insurance requir
Automobile Bodily
shall be carried in the
of $150,000/$600,000 for bodily injury, and $600,000
each occurrence, All liability
der shall be
and PIQDerI
Proof of said ins a is to
to the firsLred6o event.
sii ive General and
form of policy.
to the County thirty (30) days prior
Proof of liability insurance provided bythqPRCA. Copies of the PRCA
insurance card for each person provided by thv,,Contractor shall be provided
to the County thirty (30) days prior to the Rodeo.
INDEPENDENT CONTRACTOR:
16. This Agreement does not create and employee/employer relationship between the parties.
It is the parties' intention that Contractor will be an independent contractor and not an
employee of the 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 SecurityAct, 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.
17. Contractor will retain sole and absolute discretion in the judgment of the manner and the
means of carrying out Contractor activities and responsibilities hereunder.
18. Contractor agrees that it is a separate and independent enterprise from the County, that it
has a frill 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.
did
19. Tlhis Agreement shall not be construed as creating any joint employment relationship
between Contractor and the County, and the County will not be liable for any obligation
incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
NOTICE,
20. A 11 written notices shall be given in writing, by telefax and/or certified mail, to the
respective party, as follows:
CONTRACTOR:
Bums Rodeo Company
c/o Hal Burns
PO Box 411
Laramie, Wyoming 82070
COUNTY:
Board of County Commissioners,
Cotinty of Eagle, State of Colorado
PO Box 850
Eagle, CO 81631
MISCELLANEOUS
21. 1 n 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
Contractor, at the address provided herein.
22. Tllis 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.
23. Contractor shall hold harmless and indemnify the County, its boards, commissions,
o fficers and employees, against all expenses, losses, liabilities and claims of every kind,
including reasonable attorney's fees, by or on behalf of any person or entity arising out of
either a failure to pay for labor, materials or services used, consumed or rendered for the
intended purpose set forth herein, or failure to comply with any law or any governmental
authority, or a failure by Contractor to perform any of the terms or conditions of this
Agreement.
24. Contractor shall not sublet nor assign this Agreement without the prior written consent of
the County, which may be withheld for any purpose.
25. I n the event Contractor cannot fulfill this Agreement by reason of injuries sustained at a
rodeo or rodeos preceding. July 1, 1999, then Contractor shall be obliged to assist the
County in finding a suitable replacement. In the event Contractor is unable to fulfill its
obligation herein, Contractor agrees to hold the 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.
26. The provisions of this Agreement shall extend to and be binding upon the respective
parties hereto, their successors and assigns.
27. '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. -
28. 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
el tier by the County or the Fair and Rodeo Committee other than those contained herein.
29. A I l agreements herein are severable, and in the event that any of them shall be held
i,ivalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such
invalid agreement or covenant were not contained herein.
...
On
IN WITNESS WHEREOF, the parties have executed this Agreement thisgs&--y.ay of
C-� 1999.
c Ai��
ATTEST:
COUNTY OF EAGLE, STATE OF COLORADO,
by and through its Board of County Commissioner
CONTRACTOR: HAL BURNS
By: % X gc.t,�
Print Name: )4,( (3 c,
Title: C O V
Sccrctary
STATE OF WYOMING
COUNTY OF/
T )e fore in was acknowledged before me this day of , 1999, by
as and Jas .44 :4nt i
of Burns Rodeo Company.
WITNESS my hand and official seal. cARoN�ry�bii ROOK
Albany County, WY
My Commission- Expires
April 22, 2003
My commission expires 00
Wffl-iY - . /./ .L1
otary PubNfic
