HomeMy WebLinkAboutC97-202 World Art ExplorersJUL 02 '97 010 42PM MBE #1025 J U L 01 '97 12:59 N o . G y:"2 P.02
JUL 01 '97 12104PM
(C'97 2 1
AGREEM9NT BETWEEN
WORLD ART EXPLORERS
AND
i
THE COMP OF EAGLE, STATE OF COLORADO
6 dQ
THIS AGR�NT mado this day of 9 1997 by, and
betwm Me County of Eagle, State of Colorado (hereinafter rehniAto as "County'), by and
through Its $oard of County Co nmhWonem and World Art Explorers ("Entertahmt).
WAS, the County is the owner of certain real property located In the *County
of Eagle, State of Colorado, which is used and connmonly referred to as the "Eagle County
Fairgrounds"; and
WHEREAS, the 1997 Eagle County Fair and Rodeo is scheduled to be held at the
Eagle County Fairgrounds on July 31st, August 1st, 2nd, and 3rd, 1997; and
WHEAS, the County desires to engage Entertainer to perform at the 1997 Eagle
County Fair, and Entertainer is willing to oo perform.
NOW, THEREFORR, In consideration of the inutual covenants and agreements
contained herein, the parties hereto agree as follows:
r r�. s *WOTOVOM:
1. 113a 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. Entertainer represeents that he/she is duly authorized to enter into this agreement
for its intended purposes.
3. Eimer is to provide children's hands -cin art project at the Eagle County Fair
on Saturday, August 2p 1997 from 12:00 noon to 8:00 p.m. and on Sunday, August 3, 1997
from 12:00 noon to, 4:00 p.m.
.4. The amount. the County shall pay EntertWoor shall not exceed the sum of One
Thousand Five Hundred Dollars ($1500.00) for the performance. Said payment shall be due
and payable no later than two weeks after the performance.
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6. Entutalsoar shall provide the following:
a. Development and design of children's program including hands-on art
projects.
b, Mateterlals and material preparation.
C. Flet -up and man -up of projects.
d. Management of the tent for tho two days of the program.
e. Supervision of all staff including volunteers.
6. County shall provide the followingt
a.
One (1) 20100' tent with a minimum of 2 aides.
b.
Too - S' tables and 40 chairs.
c.
'xrash pick-up and disposal.
d.
The County shall name World Art Explorers as an additional insured
for the duration of the event.
e.
A minimum of 2 adult volunteers for each day of the event.
7. 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 CAmnty for all purposes, including, but not limited to, the
application of the pair Labor Standards Act minimum wagC and Ovortintte payments, 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.
S. Entertainer will retain snob and absolute discretion in the judgment of the manner
and the meaty of carrying out Entertainer activities and responsibilities hereunder.
9. Entm'tain+er agrm that it is a separate and independent enterprise from Eagle
County, that it has full opportunity to find other business, that it has made its own
investma A in its business, and that h will utilize a high level of WO necemary to perform the
work.
10. This agreement shall not be construed as creating any joint employment
r+els►thoaship betwup Entertainer and Eagle County, and Emile County will not be liable for
any obligate Incurred by Entertainer, including but not limited to unpaid minimum wages
and/or overtime premiums.
11. All written notices shall be given by certified mail to the following addream, as
applicable:
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JUL Uel- 'Jr e1;4orr1 riby;?luf�', JUL 01'97 13.00 No.C[�;4 P.04
JUL 01 '97 12le4PM
Board of County Conamiodoners
County of Raeo, State of Colorado
c/o Nagle County Admlitistrator
P.O. Box 00
Eagle, CO 81631
Entertainer:
World Art Explorers
191 University Blvd. #+180
Denver, CO 80206
mtweuau�mw:
12. Caace!>adon Policy: In the event that the children's hands-= at project program
is canceled for any reason up to 24 hours prior to noon an Saturday, August 2, 1997, World
Art Explorers will receive 50% of its fee or $750. Cancellation of the program anytime after
that will result in the total foe being due and payable ur $1,500.
13. This agreement shall be governed by and construed in accordance with the laws
of the State of Colorado. Jurisdiction and venue of any sult, right or cause of action arising
under or in connection with this agreement shall be exclusivo in Eagle County, Colorado.
14. finer shall not sublet nor assign this agreement without the prior written
consent of the County, which may be withheld for any purpose.
15. In the event Entertainer is unable to fulfill his obligations herein, Entertainer
agrees to bold Eagle County, its boards, commdssiorn, oft"icers, and employees harmless for
all expenses, losses, liabilities and claims of every kind incurred by it for the intended
purpom eet forth herein.
16. The provisions of this Agreement shall extend to and be binding upoh the
respective patties hereto, their succeasors 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.
IS. This written agreement embodies the whole agreement between the party hereto
and there'are no inducemonts, promises, torms, conditions, or obligations made or entered
into either by the County or the Fair and Rodeo Committee other than those contained
herein.
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JUL 01 197 12.04PM
19. All agreements herein are severable, and in the event that any. of them shall be
hold Invalid by a court of empetent jurisdiction, Ws AgreenwM shall be interpreted as if
such invalid agreement or covenant were not contained herein.
JN WITNESS ►HEREOF, the parties here to have executed this Agreement this
day of = 91997.
COUNTY OF EAGLE, STATE OF
o� ti��LF COLORADO, By and Through Its
ATTEST: !� BOARD OF COUNTY COMMONERS
H
COLGn P0-
(D'
O J
By.
Clerk to the Board of��ohnaettoPhillips, Chairmad
County Commissioners
l; M
ATTEST:
By. -
(Print Name): !t ��' &S md(. a
Title:�''�
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