HomeMy WebLinkAboutC96-130 Winterset Agency0%13 031
AGREEMENT BETWEEN
WINTERSET AGENCY
AND
THE COUNTY OF EAGLE, STATE OF COLORADO
THIS AGREEMENT made this 9day of ViA5 , 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 Winterset Agency ("Booking Agent").
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 Booking Agent to book headliner act at the
1996 Eagle County Fair, and Booking Agent is willing to do so.
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. Booking Agent represents that he/she is duly authorized to enter into this
agreement for its intended purposes.
COMPENSATION:
3. Entertainer is to perform at the Eagle County Fair on Saturday, July 27, 1996
beginning at approximately 8:00 p.m.
4. County shall pay Booking Agent the sum of One Thousand One Hundred
Dollars ($1,100.00) for the service fee for the Doug Supernaw performance. Payment shall
be due and payable upon completion of the performance. 5 q��
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5. This agreement does not create an employee, employer relationship between
the parties. It is the parties' intention that Booking Agent 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.
6. Booking Agent will retain sole and absolute discretion in the judgment of the
manner and the means of carrying out Entertainer's activities and responsibilities hereunder.
7. Booking Agent 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.
8. This agreement shall not be construed as creating any joint employment
relationship between Booking Agent 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
c/o Eagle County Administrator
P.O. Box 850
Eagle, CO 81631
Booking Agent:
The Winterset Agency
5553 Vanderbilt Rd.
Old Hickory, TN 37138
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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 1996 Eagle County
Fair impossible, this Agreement may be voided by the County upon giving written notice to
Booking Agent, 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. Booking Agent shall not sublet nor assign this agreement without the prior
written consent of the County, which may be withheld for any purpose.
13. In the event Booking Agent is unable to fulfill his obligations herein, Booking
Agent 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.
14. The provisions of this Agreement shall extend to and be binding upon the
respective parties hereto, their successors and assigns.
15. No modification or waiver of the 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.
16. 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 of the Fair and Rodeo Committee other than those
contained herein.
17. 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.
18. A representative of the Winterset Agency shall have free access to the place of
engagement covered in this contract for the purposes of communicating with Entertainer and
County.
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IN WITNESS WHEREOF, the parties here to have executed this Agreement this
ICS day of , 1996.
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ATTEST: � 40
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Clerk to the Board of
County Commissioners
ATTEST:
4
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COM MSIONERS
By: .c
George "dud" Gates, Chairman
BOO A
By:
(Print Name): v�d err, I
Title: fini Ol`el,(,�
