No preview available
HomeMy WebLinkAboutC96-116 Windhaven ProductionsC V6 116 It AGREEMENT BETWEEN WINDHAVEN PRODUCTIONS AND CRYSTAL LYONS AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT made this day of , 1996, by and between the County of Eagle, State of Colorado (hereinafter referred to as "County"), by and through its Board of County Commissioners, and Windhaven Productions and Crystal Lyons ("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 1996 Eagle County Fair and Rodeo is scheduled to be held at the Eagle County Fairgrounds on August 1st, 2nd, 3rd and 4th, 1996; and WHEREAS, the County desires to engage Entertainer to perform at the 1996 Eagle County Fair, 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: 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. Entertainer represents that he/she is duly authorized to enter into this agreement for its intended purposes. 3. Entertainer is to provide pre -rodeo entertainment at the Eagle County Fair on August 1, 2, and 3, 1996. Said entertainment shall consist of a concert of approximately 20 minutes where Mrs. Lyons sings from the back of her horse in the rodeo arena. 4. Entertainer shall provide her own sound system and agrees to allow the same system to be used for the rodeo if the Fair would like to use it. 5. County shall pay Entertainer the sum of Nine Hundred Dollars ($900.00) for the three performances ($300 per performance). Payment shall be due and payable upon completion of the last performance. 6. County shall provide one stall for entertainer's horse during her stay and will allow her to stay on the grounds at no cost during the same time. 7. Entertainer shall be allowed to sell CD's, tapes, and T-shirts after her performances with no fee from the fair. 8. 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 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. 9. Entertainer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Entertainer activities and responsibilities hereunder. 10. Entertainer agrees 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 investment in its business, and that it will utilize a high level of skill necessary to perform the work. 11. 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: 12. 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 Administrator P.O. Box 850 Eagle, CO 81631 2 Entertainer: Windhaven Productions 2031 Connecticut Court Fort Collins, CO 80525 13. 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 1996 Eagle County Fair impossible, this Agreement may be voided by the County upon giving written notice to Entertainer, at the address provided herein. 14. 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. 15. Entertainer shall not sublet nor assign this agreement without the prior written consent of the County, which may be withheld for any purpose. 16. 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. 17. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. 18. 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., 19. 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. 20. 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. J IN WITNESS' WHEREOF, the parties here to have executed this Agreement this - day of 1996. COUNTY OF EAGLE, STATE OF e COLORADO, By and Through Its ATTEST: BOARD OF COUNTY CON IISSIONERS .17 By: - Clerk to the Board of George "Bu Gates, C airman County Commissioners ATTEST: ENTERTAINER By: J14 A 711Z LM -1) (Print Name): A b- Title: dwmudri� 4