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HomeMy WebLinkAboutC97-173 Liz Gregory Talent and Productions and Texas The BandC'97 17 3 3 1 AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND LIZ GREGORY TALENT AND PRODUCTIONS AND TEXAS THE BAND THIS AGREEMENT made this day of , 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 Texas the Band (hereinafter "Artist"), by itself and through its agent, Liz Gregory Talent and Productions (hereinafter "Liz Gregory Talent"). 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 July 26 - August 3, 1997; and WHEREAS, the County desires to engage Artist to perform at the 1997 Eagle County Fair on Saturday, July 26, 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 Saturday, July 26, 1997, at approximately 9:30 p.m. for ninety (90) minutes 2. The County shall provide the following: A. A stage (preferably 20' x 30' or larger) with at least six separate 20 amp breakers or with accessibility to wire Artists 220 power supply directly to County's breaker box. B. 8' x 8' Keyboard Riser. C. A place convenient to the stage to park and plug in a 40' Silver Eagle tour bus. D. Two to six people available to help with unloading and loading for set-up and tear -down. 1 E. 8' table for selling band merchandise. F. Two gallons of water, three six-pack of soft drinks and/or fruit juice and some type of meal provided after they complete their sound check. G. Three hotel rooms (non-smoking) with two double beds. 3. For said performance, the County shall pay the sum of Four Thousand Five Hundred Dollars ($4,500.00). Advance payment of $675 shall be due and payable to Liz Gregory Talent upon signing or the contract. The balance of the payment due under the contract, $3,825.00, shall be due and payable to Texas the Band on the day of the performance. 4. 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. 5. 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. Should such inclement weather conditions occur during the performance, making it impossible to complete the show, Artist shall nevertheless be paid the full contract price. 6. The County shall provide sound and lighting for the performance. INSURANCE 7. 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 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 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 8. A representative of Liz Gregory Talent shall have free access to the place of engagement covered by this contract, for purposes of communicating with the Artist and the County. County will provide representative with appropriate credentials to enter facility. 9. 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 Liz Gregory Talent. 10. It is expressly understood that Liz Gregory Talent 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 Liz Gregory Talent acts outside the scope of its authority. It is expressly agreed that neither the County nor the Artist shall name or join Liz Gregory Talent 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. 11. This agreement shall not be assigned or transferred without the written consent of the County, Artist or Liz Gregory Talent. The validity, construction and effect of this contract shall be governed by the laws of the State of Colorado. NOTICE 12. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: ARTIST: COUNTY: Texas the Band c/o Liz Gregory Talent and Productions 4601 E. 18th St., Suite 168 Vancouver, WA 98661 Phone: (615) 252-8228 Board of County Commissioners c/o Eagle County Administrator P.O. Box 850 Eagle, CO 81631 Phone: (970) 328-8605 Fax: (970) 328-7207 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this !s� day of , 1997. Q p�AGLF ATTEST: e c°c K cOLca��il r the Board of County Commissioners COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 6- Y By- Clerk to Jo nette Phillips, Chairman LIZ GREGORY TALENT AGENCY: ATTEST: BY: L feu a t-�'u (Print Name): M611'(1614 ra4O r Title: �� e r - T i ee_ �a hof 4