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HomeMy WebLinkAboutC97-147 Raptor Education Foundation adn Skyline Talent & Events IncC197 14 73 1� AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND RAPTOR EDUCATION FOUNDATION AND SKYLINE TALENT & EVENTS, INC. THIS AGREEMENT made this ��1 rN day of M , 1997, by and between The County of Eagle, State of Colorado (hereinafter referred to as "County", by and through its Board of County Commissioners; and the Raptor Education Foundation (hereinafter "Foundation"), by itself and through its agent, Skyline Talent & Events, Inc. (hereinafter "Skyline"). 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 1997 Eagle County Fair is scheduled to be held at the Eagle County Fairgrounds on July 31st, August 1st, 2nd, and 3rd, 1997; and WHEREAS, the County desires to engage Foundation to perform at the 1997 Eagle County Fair on July 31, August 1, 2, and 3, 1997, and the Foundation is willing to so perform. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: SCOPE AND CONSIDERATION 1. Foundation shall perform on July 31, August 1, 2 and 3, 1997. The Foundation shall provide five hours of continuous programming daily (exact hours to be determined). 2. The County shall provide housing for the birds as described in the attached "Housing Guidelines". The minimum space for this Engagement is 750 square feet. A Foundation Representative will inspect birds' accommodations prior to arrival. 3. The display must be set up in as shady and cool an area as possible to maintain the health and safety of the birds. a l 4. The County will provide the following for the performance: a. 20 foot x 20 foot display area. b. 10 foot x 10 foot carpeted riser with 10 inch to 14 inch rise. C. Two six-foot tables. d. Two folding chairs. e. Electricity to display area to power the P.A. system. f. Use of a vacuum cleaner to maintain the display. g. Use of a freezer within easy access of birds' housing for food storage. h. Use of a four-wheel dolly. 5. Any publicity using the birds to promote a particular event by the County requires permission from the Foundation and may require a usage fee. 6. The Foundation shall provide all required Federal Permits and shall obtain necessary State permits as required for the appearance of raptors. The County will cooperate with any requirements of the various agencies issuing permits so the Permits are available on a timely basis. Should the Foundation not be able to obtain required entry permits, the Agreement will become null and void, with a full refund of any deposits due and payable to the County. 7. For said performance, the County shall pay Foundation the sum of Five Thousand Dollars ($5,000.00). A deposit of Two Thousand Five Hundred Dollars ($2,500.00) shall be due and payable to Skyline Talent & Events, Inc. upon the signing of the contract. The balance of the payment due under the contract, $2,500.00, shall be due and payable to Raptor Education Foundation on or before July 15, 1997. 8. The Foundation's obligation to furnish the entertainment herein, and the County's liability for payment therefor, is subject to prevention by sickness, inability to perform, accident, means of transportation, act of God, fire, accident, riot, strikes, labor difficulties, epidemics and any act or order of any public authority that there shall be no claims for damages by either party to this contract in the event of such cancellation as described in this paragraph. 9. In the case of inclement weather, the County and Foundation shall jointly determine in good faith whether any such weather conditions shall render the performance impossible, hazardous or unsafe. INSURANCE 10. The County and the Foundation shall each maintain during the term of the Agreement insurance in the following types and coverage, protecting each from claims which may arise out of or result from the each respective party's operations under this Agreement, V, whether such operation be by itself or by any subcontractor or by anyone directly employed by each respective party, or by anyone for whose acts any of them may be liable: A. Workmen's compensation shall be carried in at least the minimum amount required by the laws and statutes of the State of Colorado, including coverage for disability, for all employees performing services under this Agreement. B. Comprehensive Motor Vehicle Liability Insurance shall be carried in the minimum amounts of $150,000/$600,000 for bodily injury, and $600,000 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. MISCELLANEOUS ' r c 11. A representative of-gtyHm shall have free acct to the place of engagement covered by this contract, for purposes of communicating with the Foundation and the County. County will provide representative with appropriate credentials to enter facility._ 12. It is agreed that Foundation signs this contract as an independent contractor and not as an employee, and it shall have control over the means and methods employed in fulfilling its obligations as stated, in all respects and details. This contract shall not in any way be construed so as to create a partnership, or any other kind of joint undertaking or venture between the Foundation, the County, or Skyline. 13. It is expressly understood that Skyline acts herein as agent and is not responsible for any act of commission or omission on the part of either the Foundation or the County except to the extent that Skyline acts outside the scope of its authority. It is expressly agreed that neither the County nor the Foundation shall name or join Skyline as a party in any civil action or suit arising out of, in connection with, or related to any acts of commission or omission pursuant to this agreement by either the County or the Foundation. 14. This agreement shall not be assigned or transferred without the written consent of the County, Foundation or Skyline. The validity, construction and effect of this contract shall be governed by the laws of the State of Colorado. N TI E 15. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: FOUNDATION: COUNTY: Raptor Education Foundation c/o Skyline Talent & Events, Inc. 1424 Larimer Street, Suite 300 Denver, CO 80202 Phone: (303)595-8747 Board of County Commissioners c/o Eagle County Administrator P.O. Box 850 Eagle, CO 81631 Phone: (970) 328-8605 Fax: (970) 328-7207 in NU Raptor Education Foundation Program Information HOUSING GUIDELINES Following are housing guidelines when the raptors are contracted to appear on a schedule that requires them to over -night: Housing depends on the quantity and species of raptors. The bald eagles, for instance, require much more territory in order to rest. They are usually situated in the center of the room with a ten foot radius of open space around each perch. Smaller birds like the owls or falcons are contented in a much smaller area. Once the mix of birds is known, it is an easy task for us to calculate their space requirements. For example: a 20 foot by 30 foot empty room can adequately house six birds (2 eagles and 4 smaller birds). For 10 birds, the room requirements are approximately 1000 square feet. Housing rooms need to have access to electricity, be empty of furniture and wires, secure, free from excessive noise, well ventilated, and with an adequate water supply nearby. (Often a conference room will suffice.) The Foundation will supply all the required equipment (perches, water pans, food, etc.) There can be no visual contact with the outside, therefore, if there are windows, the Foundation can cover them with butcher paper. Should the housing facility have a concrete or similarly hard floor surface (including tiles and linoleum) carpeting or astroturf will be required and this is to be the responsibility of the event sponsor. Carpeting certainly does not need to be new and does not need to cover the entire area. (Specific measurements will be determined according to the raptors used.) Access to the bird's quarters is restricted to one member of the sponsoring organization (and security if arranged) and the Foundation's representatives. A key to the quarters must always be in the Foundation's possession. Should an emergency arise, the Foundation will be immediately accessible by transportable phone. Foundation representatives will supply the required contact information. Although the birds have certain needs in order to rest adequately, these guidelines are not hard and fast rules. There is usually a way to work with what you have available. The Foundation Director can finalize these details on his site inspection. Please call to clarify any questions you may have. Representation for Raptor Education Foundation is provided by: SKYLINE TALENT & EVENTS, INC. 1424 Larimer Street, Suite 300 Denver, Colorado 80202 303 / 595-8747 10/7/96 IN WITNESSAV REOF, the parties hereto have executed this Agreement this day of , 1997. COUNTY: ^�e COUNTY OF EAGLE, STATE OF ATTEST: y&51 iCOLORADO, By and Through Its BOARD OF COUNTY ComaMSIONERS °CORP-W Clerk to the Bo rd of County Commissioners ATTEST: ohnnette Phillips, SKYLINE TALENT: r By: (Print Name): 2 Sa,J Title:y J13' P26trOE�1/T