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HomeMy WebLinkAboutC93-034 Bar W Slash Rough Stock, Inc/d"&\ /don,\ C93-34-13 AGREEMENT BETWEEN THE BAR W SLASH ROUGH STOCK, INC. AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT is made and entered into this 3,0-Aday of March, 1993, by and between the County of Eagle, by and through its Board of County Commissioners (hereinafter the "County"), and the Bar W Slash Rough Stock, Inc.,, a Colorado corporation (hereinafter "Contractor"). 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 Fair is scheduled to be held at the Eagle County Fairgrounds on August 4, 51 6, 7 and 8, 1993; and WHEREAS, in conjunction with the 1993 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 WHEREAS, Contractor represents that it is ready, willing and able to produce the caliber of rodeo desired by the County. NOW, THEREFORE, in consideration of the mutual covenants and promises 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, 30-11-103 and 30-11-107, C.R.S., as amended. 2. Contractor represents that it is a Colorado corporation duly organized and existing under the laws of the State of Colorado, and that to its Articles of Incorporation Agreement for the intended purpose. person executing this Agreement has behalf of Contractor. SCOPE OF RODEO it is duly authorized pursuant and Bylaws to enter into this Contractor represents that the been duly authorized to act on 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 Thursday, August 5, 1993 at 8:00 p.m.; Friday, August 6, 1993 at 8:00 p.m.; Saturday, August 7, 1993 at 8:00 p.m. and Sunday, August 8, 1993 at 1:00 p.m. 4. Contractor shall provide the following: rodeo secretary, announcer, pickup men with horses and equipment and a bullfighter, all of which are necessary personnel for the rodeo performance. 5. The County shall provide fees necessary for PRCA judges, added money, and sanction fees, as described in Section 3, 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. COMPENSATION 7. The County shall pay to Contractor for services, stock and labor delivered and performed under this Agreement, the sum of Ten Thousand Six Hundred Dollars ($10,600.00) by Eagle County warrant at the end of the last performance on August •8, 1993. Contractor shall collect from each cowboy holding a permit a fee of $10.00 and shall pay the County half of that fee or $5.00 for each entry. 2 /A'Mb\ ?AVML� S. In addition to said payment to Contractor the County shall provide the following fees: Purse Judges' fees PRCA sanction fees TOTAL Purse and Fees INSURANCE $6,000.00 $1,000.00 $ 650.00 ' $7,650.00 9. 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 the rodeo events and activities contemplated herein, in a minimum amount of Five Hundred Thousand Dollars ($500,000) for any one accident. 10. 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. Comprehensive Motor Vehicle Liability Insurance shall be carried in the minimum amounts of $150,000/$500,000 for bodily injury, and $500, 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. B. Proof of said insurance is to be provided to the County thirty (3 0) days prior to the first rodeo event. C. Proof of liability insurance provided by the PRCA. Copies of the .PRCA insurance card for each person provided by the Contractor shall be provided to the County thirty (30) days prior to the Rodeo. 3 I INDEPENDENT CONTRACTOR: 11. 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 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 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. 12. Contractor will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Contractor activities and responsibilities hereunder. 13. Contractor agrees that it is a separate and independent enterprise from the 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. 14. This 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 15. All written notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: CONTRACTOR: Bar W Slash Rough Stock, Inc. Robert G. West & Sons 7090 Indiana Street Golden, Colorado 80401 COUNTY: Jackie Lacy, Special Events Coordinator c/o Eagle County Manager P.O. Box 850 Eagle, CO 81631 (303) 328-8605 Fax (303) 328-7207 4 MISCELLANEOUS 16. 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 Contractor at the address provided above. 17. 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. 18. Contractor 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 Contractor to perform any of the terms or conditions of this Agreement. 19. Contractor shall not sublet nor assign this Agreement without the prior written consent of the County, which may be withheld for any purpose. 20. In the event Contractor cannot fulfill this Agreement by reason of injuries sustained at a rodeo or rodeos preceding July 5, 1993, then Contractor shall be obliged to assist the County in finding a suitable replacement. In the event Contractor is unable to fulfill its obligations 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. 21. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. 22. 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. 5 23. 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. 24. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date first above written. ATTEST: COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: erk tothe Board of George A. Gatcys, Chairman County Commissioners BAR W SLASH ROUGH STOCK, INC. ATTEST: By Title:ra,fi cr ary 11 STATE OF COLORADO ) ss COUNTY OF The foregoing was acknowledged before me this ��day of e'/' , 19 9 3 , by ),( C� 7 —4 � 5--, /r, � T— as and c-a t ae- de57— as r — v of Bar W Slash Rough Stock, Inc. WITNESS my hand and official seal. My commission expires -Jzc,/, 0?9, C\Fair\barw.agr zz'4��� tary Public 7 r� M . C