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HomeMy WebLinkAboutC93-055 Sharon MooreC93-55-13 AGREEMENT BETWEEN SHARON MOORE AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT made this �{� day of , 1993, by and between the County of Eagle, State of. Colorado (hereinafter referred to as "County"), by and through its Board of County Commissioners/ Fair Board; and Sharon Moore, ("Timer"). 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 Rodeo is scheduled to be held at the Eagle County Fairgrounds on August 5, 6, 7 and 8, 1993; and WHEREAS, the County desires to engage Timer to perform at the 1993 Eagle County Rodeo, and Timer 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 30- 11-107, C.R.S., as amended. 2. Timer represents that she is duly authorized to enter into this agreement for its intended purposes. COMPENSATION: 3. Timer is to be one of the official timekeepers at all Rodeo performances for all Rodeo events. Performances and events are scheduled for Thursday, August 5, at 8:00 p.m.; Friday, August 6, at 8:00 p.m.; Saturday, August 7, at 8:00 p.m.; and Sunday, August 8, at 2:00 p.m. 4. County shall pay Timer the sum of Two Hundred Dollars ($200.00) or the equivalent of Fifty Dollars ($50.00) per Rodeo performance on the 8th day of August, 1993. /OMNN M NOTICE: 5. 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 c/o Eagle County Manager P.O. Box 850 Eagle, Colorado 81631 Sharon Moore 9220 Fir Drive Thornton, Colorado 80223 INDEPENDENT CONTRACTOR 6. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Timer 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. 7. Timer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Timer activities and responsibilities hereunder. 8. Timer 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 Timer and Eagle County, and Eagle County will not be liable for any obligation incurred by Timer, including but not limited to unpaid minimum wages and/or overtime premiums. 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 Fair impossible, this Agreement may be voided by the County upon giving written notice to Timer, at the address provided herein. -2- -a , r°'b\ /AftbN 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. Timer 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 Timer to perform any of the terms or conditions of this Agreement. 13. Timer 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 Timer cannot fulfill this contract by reason of injuries sustained at a Rodeo or Rodeos preceding July 1, 1993, then Timer shall be obliged to assist Eagle County in finding a suitable replacement. In the event Timer is unable to fulfill its obligations herein, Timer 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. 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 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. -3- IN WITNESS WHEREOF, the parties here to have executed this Agreement this day of lr21993. ATTEST: County Commissioners ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: X/ ii 4- ZP¢14�e Gorge Gates, Chairman By � aaj moe' (Print Name) : 5f44,ec)AJ MCJO,c�E Title: _7Yqq E,,C STATE OF COLORADO ) SS County of ) ///���The oregoing was acknowledged before me this day of , 1993. WITNESS my hand and official seal. My commission expires //Az2'3 Al Q �Notaky Public- fair\moore.tim -4- IAOO'\