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HomeMy WebLinkAboutC93-091 Silverado RopingAOIN C 293 9 1 R 5 AGREEMENT BETWEEN THE SILVERADO ROPING AND THE COUNTY OF EAGLE, STATE OF COLORADO This AGREEMENT made this 'ad day of 1993, by and between the County of Eagle, State of Colorado, by and throng its Board of County Commissioners (hereinafter referred to as "the County"), and Silverado Roping (hereinafter "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 1993 Eagle County Picnic is scheduled to be held at the Eagle County Fairgrounds on July 9th 1993; and WHEREAS, the County desires to engage Entertainer to perform at the 1993 Eagle County Picnic, 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 C.R.S.30-11-101, 10-11-103,and 30-11-107. 2. Entertainer represents that it is duly authorized to enter into this agreement for its intended purposes. COMPENSATION: 3. Entertainer is to perform at the Eagle County Picnic on July 9, 1993 at 6:30 p.m.. 4. County shall pay Entertainer the sum of Five Hundred Dollars ($500.00), for 2 hours. This price includes: wagon and team of horses at Two hundred fifty dollars ($250.00) and roping machine at Two hundred fifty dollars ($250.00). 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 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 �� /00%\ 2 Insurance laws. 6. Entertainer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Entertainer activities and responsibilities hereunder. 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 is 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 will not be liable for any obligation incurred by Entertainer, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE: 9. All written notices shall be given by certified mail to the following addresses, as applicable: Board of County Commissioners County of Eagle, State of Colorado Eagle County Manager P.O. Box 850 Eagle, CO 81631 Entertainer: Silverado Roping Ed Oyler P.O. Box 144 Eagle, CO 81631 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 1993 Eagle County Picnic 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 hold harmless and indemnify the County, its boards, commissions, officers, 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 Entertainer to perform any of the terms or ?OOWI conditions of this Agreement. Entertainer agrees to indemnify, defend and hold harmless the County, its respective boards, commissions, officers, representatives, servants (other than Entertainer) and employees from any damage, expense, loss, theft, cost, injury, liability, claims, liens, demands, actions or causes of action, whatsoever, including reasonable attorney fees, arising out of or related to a failure to pay for labor, materials or services, failure to comply with any law, regulation or authority, a failure by Entertainer to perform any of the terms or conditions of this Agreement and/or negligent acts, errors or omissions, or that of Entertainer's employees, consultants, etc., whether contractual or otherwise. 13. The County and the Entertainer shall each maintain during the term of this Agreement insurance in the following types and coverages, protecting each from claims which may arise out of or result from the each respective parry's obligations under this Agreement, whether such obligations be by themselves or by anyone directly employed by each respective party, or by anyone for whose acts any of them may be liable: a. Workmen's Compensation shall be carried in at least the minimum amount required by the laws and statutes of the State of Colorado, including coverage for disability, for all employees performing services under this Agreement. b. Comprehensive Motor Vehicle Liability Insurance shall be carried in the minimum amounts of $150,000/$600,000 for bodily injury, and $600,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. C. General Liability C� overage shall be carried in the minimum amount of $600,00 for coverage of claims for damages arising form the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon the parties herto. 14. Entertainer shall not sublet nor assign this agreement without the prior written consent of the County. 15. 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 every kind incurred by it for the intended purposes set forth herein. 16. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. 17. 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. /001 .^N 4 18. 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 other than those contained herein. 19. 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. .—. 00N, s IN WITNESS WHE OF, the parties here to have executed this agreement this R44iL_ day of 1993. County Commissioners ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ENTERTAINER By: (Print Name); Title: STATE OF COLORADO ) SS County of q ) The foregoing was acknowledged before me this day of �.. .11993. WITNESS my hand and official seal. = My commission expires / Notary Public' /0014, �� '