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HomeMy WebLinkAboutC99-163 Duane ReichertAGREEMENT BETWEEN EAGLE COUNTY COLORADO AND DUANE REICHERT CONCERNING SPECIALTY ACT ENTERTAINMENT AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this ��day of �'d c--'1,1999, by and between Eagle County, Colorado ("County"), by and through its and of County Commissioners, and Duane Reichert ("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: AUTHORTTY 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, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. i Entertainer agrees to providespecialty act entertainment at the Eagle County Fairgrounds as follows: Thursday, August 5th, 1999 8:00 P.M. - 10:00 P.M. Friday, August 6th, 1999 8:00 p.m. - 10:00 p.m. Saturday, August 7th, 1999 8:00 p-m. - 10:00 p.m. Sunday, August 8th, 1999 1:00 P.M. - 3:00 p.m. 4. The County shall pay Artist the sum of Three Thousand Two Hundred Dollars (S3200.00) for acts conducted in between Rodeo performances. Payment shall be due and payable at the time of performance. g.: I d o cs l ¢greem en. wpd JUN— 1 C—: `:P I G z 4 1 rxwn = =%- aN 1 LL i num m vawwmw= 1 ai a .2 r v.21e-v r r GIN r-r-%%sK- ve v YNbEpENb�NT CQNTRA.CTOIt 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 Entertainer's activities and responsibilities under this Agreement. 7. 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. 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 overtone 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 mai 1, 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: tdocslagreen=.wpd juN-16-99 12 : 31 FROM = EC BUILDINGS & GRUUND5 t u: r�o�s�rs i i��o rF►�r_ �i a Contractor: Duane Reichert HC81 Box 27 New Underwood, SD 57761 Phone: (605) 988-5575 Fax: (605) 347-4829 hfiSMI ANEOUS 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: l docx 4tgrermrn. wpd IN WITNESS WHEREOF, the parties have executed this Agreement this 4KE-11by of 1999. EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners: �'i �— nm GLOP ev` By: Clerk to the B and Johnette Phillips, hairman g:Idocs lagreemen. wpd & originals 1. co t Brok 2. 3. 4. Co Copies to; I Accov—. .