HomeMy WebLinkAboutC99-142 Les OlhauserAGREEMENT BETWEEN
LESOLHAUSER
AND
THE COUNTY OF EAGLE, STATE OF COLORADO
THIS AGREEMENT is made this 1 day of v 4 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 LES OLHAUSER ("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 Eagle County Fair and Rodeo is scheduled to be held at the Eagle County
Fairgrounds on Friday July 30, August 5, August 6, August 7 and August 8,1999; and
WHEREAS, the County desires to engage Entertainer to perform at the 1999 Eagle County Fair
Benefit, and Entertainer is willing to so perform.
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.
Entertainer represents that he is duly authorized to enter into this Agreement for its
intended purposes.
COMPENSATION
Entertainer is to perform as announcer at the Eagle County Fair during the
Professional Bull Riding Event on Friday, July 30 and the County Fair rodeo on August
5, August 6, August 7 and August 8, 1999.
4. County shall pay Entertainer the sum of three hundred dollars ($300.00) for each
performance. Payment shall be due and payable upon completion of the last
performance. County shall also provide lodging for one (1) person Thursday, July 29 and
Friday, July 30; and August 4 through the night of Saturday, August 8, 1999.
INDEPENDENT CONTRACTOR
5. This Agreement does not create an employee/employer relationship between the parties.
It is the parties' intention that Entertainer will be an independent contractor and not an Y
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. 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.
8. This Agreement shall not be construed as creating any joint employment relationship
between Entertainer and Eagle County, and Eagle County shall not be liable for any
obligation incurred by Entertainer, including, but not limited to unpaid minimum wages
and/or overtime premiums.
NOTICE
9. 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:
Les Olhauser
2767 S. Parker Road. #176
Aurora, CO 80014
(800)346-8702 x256
MISCELLANEOUS
10. 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
Entertainer, at the address provided herein.
11. 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.
12. Entertainer shall not sublet nor assign this agreement without the prior written consent of
the County, which may be withheld for any purpose.
13. In the event Entertainer is unable to fulfill his obligations herein, Entertainer agrees to
hold 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.
14. The provisions of this Agreement shall extend to and be binding upon the respective
parties hereto, their successors and assigns.
15. 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.
16. 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.
17. 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.
MA
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WITNESS WHEREOF, the parties have executed this Agreement this/. Z-day of
1999,
ATTEST:
COUNTY OF EAGLE, STATE OF COLORADO,
by and through its Board of County Commissioners:
to the Board of County 'CorrAissi2603",,,, John&t—te Phillips, Mairman
ATTEST: Entertainer: LES OHLHAUSER
Print Name: 6F- D 1A L uS�
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