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HomeMy WebLinkAboutC97-172 C&S ProductionsC'97 17 23 1, AGREEMENT BETWEEN C & S PRODUCTIONS AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT made this ZP day of (kill , p , , 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 C & S Productions (hereinafter referred to as "Contractor"). 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 and Rodeo is scheduled to be held at the Eagle County Fairgrounds on July 31st, August 1st, 2nd, and 3rd, 1997; and 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 Section 30-11-101, 10-11-103, and 30-11-107, C.R.S., as amended. 2. Contractor represents that he/she is duly authorized to enter into this agreement for its intended purposes. COMPENSATION 3. Contractor agrees to provide 32 channel house, 32 x 10 channel monitor system, 24 par 54 white lighting system, two technicians and a production manager for the Texas the Band concert at the 1997 Eagle County Fair and Rodeo, on Saturday, July 26, 1997. 4. County shall provide a minimum of four persons over the age of eighteen (18) for load -in and load -out on Saturday, July 26, 1997. l 5. County shall provide food and beverage for 7 people. 6. County shall provide 100 amp, single phase power no more than 175 feet from stage in such a manner where cables are not a danger to the public. 7. Total cost of services to be provided by Contractor shall not exceed One Thousand Nine Hundred Dollars ($1,900.00). 8. Advance payment of fifty percent (50%) of the total contract or Nine Hundred Fifty Dollars ($950.00) shall be due and payable upon the signing of the contract. The balance of the payment due under the contract, $950.00, shall be due and payable on July 26, 1997. 9. County shall be entitled to a refund of its advance payment provided C & S Productions receives written notification of cancellation 30 days prior to the contract date and C & S Productions is able to re -book its services for the original contracted time segment. Any written cancellation occurring within the period of 30 days to 14 days prior to the service date shall entitle the County to a refund of fifty percent (50%) of advance payment providing the contracted time segment can be re -contracted. Any cancellations occurring within 14 days of the service date shall result in a forfeiture of the advance payment. 10. Contractor agrees to exercise care in keeping its equipment in good condition. County assumes full liability for any damage or loss to the equipment occurring due to theft, fire, water damage or other agency beyond the control of the employees of Contractor while in the possession of County. 11. County promises to return equipment to Contractor on the date and hour as contracted in the same condition as received excluding normal wear and tear, County shall be liable for any loss, theft, damage or destruction of the leased equipment. All equipment lost or damaged beyond repair shall be paid for by the County at replacement cost value and all damaged equipment which may be repaired, shall be repaired by Contractor on the return thereof, with the repair costs assessed to the County. 12. County agrees to pay for any missing or unaccounted for items not returned with the equipment. INSURANCE 13. Contractor represents to the County that it will maintain a general liability insurance policy in effect relative to the performance of its duties hereunder, in the minimum amount of Five Hundred Thousand Dollars ($500,000). 2 14. Contractor shall carry Comprehensive Motor Vehicle Insurance in the minimum amounts of $150,000/$500,000 for bodily injury, and $500,00 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. 15. Proof of insurance is to be provided to the County thirty (30) days prior to the commencement of this Agreement. INDEPENDENT CONTRACTOR 16. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor 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 Insurance Contribution Act, the Social Security Act, the 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. 17. Contractor will retain sole and absolute discretion in the judgement of the manner and the means of carrying out Contractor's activities and responsibilities hereunder. 18. Contractor agrees that it is a separate and independent enterprise from Eagle County, that it has a 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. 19. This agreement shall not be construed as creating any joint employment relationship between Contractor and Eagle County, and Eagle County will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. MISCELLANEOUS 20. Contractor agrees to hold harmless and indemnify the County against any liability arising out of the negligent acts of its employees or agents. Likewise, the County agrees to hold harmless and indemnify Contractor against liability arising out of the negligent acts of its employees or agents. 3 �r 21. This Agreement shall be governed by 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. 22. In the event of any litigation between the parties hereto regarding the interpretation of the Agreement or the obligation, duties or rights of the parties hereunder, or if suit or otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, than and in any of such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 23. This Agreement shall not be assignable without the prior written consent of the parties hereto. Any such attempted assignment shall be void. 24. This Agreement constitutes the entire agreement between the parties hereto. Any amendments, additions, alterations or modifications to the terms or conditions of the Agreement shall be in writing and signed by both parties. 25. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: Contractor: C & S Productions Cyndi and Scott Kirkland P.O. Box 684 Avon, Colorado 81620 County: Board of County Commissioners County of Eagle, State of Colorado P.O. Box 850 Eagle, Colorado 81631 (970)328-8605 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of —91997. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its �0 EA°1FCo BOARD OF COUNTY COMMISSIONERS ATTEST: *< By: Clerk to the Board of ohnnette Phillips, ChairmaA County Commissioners ATTEST: CONTRACTOR By: 2C442r61 (Print Name): e!11S/8/ �,C�rLNN!S Title: 6215)12,U 5