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HomeMy WebLinkAboutC97-150 Timothy P. and Rural Route 3 and Winterset Productions Inc. _ C'97 15 - 0 3 1� - AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND TIMOTHY P. AND RURAL ROUTE 3 AND WINTERSET PRODUCTIONS, INC. THIS AGREEMENT made this day of /// , 1997, by and between The County of Eagle, State of Colorado (hereinafter referred to "County", by and through its Board of County Commissioners; and Timothy P. and Rural Route 3 (hereinafter "Artist"), by itself and through its agent, Winterset Agency (hereinafter "Winterset"). 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 Artist to perform at the 1997 Eagle County Fair on Sunday, August 3, 1997, and the Artist is willing to so perform. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1: Artist shall perform on Sunday, August 3, 1997, from 3:00 p.m. - 5:00 p.m. 2. For said performance, the County shall pay Artist the sum of One Thousand Five Hundred Dollars ($1,500.00). Said payment shall be made in the form of a certified check in the amount of $1,500.00 payable to Tim Irvin on day of performance. 3. The Artist'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. 4. In the case of inclement weather, the County and Artist shall jointly determine in good faith whether any such weather conditions shall render the performance impossible, hazardous or unsafe. Their contract mentions they will be paid by County no matter what the weather - whether or not they perform. 5. The County shall provide sound and lighting for the performance. 6. The County and the Artist 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, 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 Qmpensation 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 7. A representative of Winterset shall have free access to the place of engagement covered bx,this contract, fv,,r purposes of conim-unicating w-11LAI1- the Artist ariads the CounL County will provide representative with appropriate credentials to enter facility. 8. It is agreed that Artist 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 Artist, the County, or Winterset. pl 9. It is expressly understood that Winterset acts herein as agent and is not responsible for any act of commission or omission on the part of either the Artist or the County except to the extent that Winterset acts outside the scope of its authority. It is expressly agreed that neither the County nor the Artist shall name or join Winterset 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 Artist. 10. This agreement shall not be assigned or transferred without the written consent of the County, Artist or Winterset. The validity, construction and effect of this contract shall be governed by the laws of the State of Colorado. 11. All notices shall be given in writing, by telefax and/or by certified mail, to the. respective party, as follows: ARTIST: COUNTY: Timothy P. and Rural Route 3 c/o Winterset Agency 5553 Vanderbilt Road Old Hickory, TN 37138 Phone: (615) 754-5003 Board of County Commissioners c/o Eagle County Administrator P.O. '"rx 850 Eagle, CO 81631 Phone: (970) 328-8605 Fax: (970) 328-7207 3 IN WITNESSOF, the parties hereto have executed this Agreement this day of 70, 1997. iv � ATTEST: y o C�tORA�o r Clerk to the Boar of County Commissioners ATTEST: 4 COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COM[NMSIONERS 01,4j [Aq'62� -- By: hnnette Phillips, Chayrman WEVM7AGNCLY:Y. —� (Print Name): Title: b'A'3 t -D