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Home My WebLink AboutC97-186 Dana Cohenour{ C97 18 6 3 AGREEMENT BETWEEN DANA COHENOUR AND THE COUNTY OF EAGLE, STATE OF COLORADO 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 Dana Cohenour ("Entertainer"). 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 WHEREAS, the County desires to engage Entertainer to perform at the 1997 Eagle County Fair, and Entertainer is willing to so perform. 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. Entertainer 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 Friday, August 1, 1997 (2 shows), Saturday, August 2, 1997 (3 shows) and Sunday, August 3, 1997 (2 shows) - times to be determined. 4. County shall pay Entertainer the sum of One Thousand Eight Hundred Dollars ($1800.00) for the performance, plus lodging. A deposit of Three Hundred Dollars ($300.00) shall be due and payable upon the signing of the contract. The balance of the payment due under the contract, $1,500.00, shall be due and payable upon completion of the performances. 0�41t, -h eQt 41:�riG W M'& 60(Rj INDEPENDENT CONTRACTOR: 5. This agreement does not create an employee, employer relationship between the parties. It is the parties' intention that Entertainer 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. Entertainer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Entertainer activities and responsibilities hereunder. 7. Entertainer 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 Entertainer 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 Entertainer: Dana Cohenour Real Music for Kidz 7855 Boulevard East, Suite 28C North Bergen, NJ 07047 2 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 1997 Eagle County Fair impossible, this Agreement may be voided by the County upon giving written notice to Entertainer, 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. Entertainer 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 Entertainer is unable to fulfill his obligations herein, Entertainer 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 this 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 or 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. 3 IN WITNESS WHEREOF, the parties here to have executed this Agreement this day of , 1997. f 06 COUNTY OF EAGLE, STATE OF °{ COLORADO, By and Through Its ATTEST: h BOARD OF COUN'T'Y COMIVIISSIONERS * m COLORA00 y• Clerk to the Board of air an j � 04 at, Tz„a County Commissioners ETNTEENTE R ATTEST: �� - By. 1 Title: —* 4 PERFORMANCE AGREEMENT RIDER 1. BILLING Artist shall receive prominent billing in any and all advertising and publicity related to entertainment to be provided at the event. 2. DRESSING ROOM Purchaser shall provide one (1) clean, lockable dressing room. Purchaser agrees to be solely responsible for the security of all items in the dressing room area, and shall keep unauthorized people from entering this area. 3. ARTIST'S PROPERTY Purchaser shall be responsible for any theft or damage to the equipment of Artist that may occur during the time that the equipment is located on Purchaser's premises. 4. COMPLIMENTARY TICKETS Purchase agrees to make complimentary tickets available to Artist. 5. MERCHANDISING Artist shall have the option to sell albums, T-shirts, buttons, books, and/or merchandising material at the performance and shall retain the proceeds of such sales. 6. PROMOTION Purchaser agrees to promote the scheduled performance on television, radio. newspapers, and other print media, as is appropriate to the event. Purchaser will use its best efforts to obtain calendar listings, feature articles, interviews of the Artist, reviews of the Artist's performance and album in local newspapers and radio programs. Artist's representatives will provide all available advertising and promotional material to Purchaser and to assist in any efforts to promote the event. 7. CLIPPINGS As a special request, Artist asks that Purchaser please forward clippings, reviews, advertising, and posters to Artist. 8. FORCE MAJEURE This Agreement is subject to the unavailability of Artist because of sickness, accidents, riots, strikes, acts of God, or other conditions beyond Artist's control. 9 CANCELLATION In the event Purchaser cancels the performance for any reason less than five (5) weeks before the date of the performance, Purchaser shall pay Artist, as liquidated damages. one- half (1/2) of the guaranteed fee agreed to be paid for such performance in subsection 5(a). In the event Purchaser cancels the performance for any reason less than (2) weeks before the date of such performance, Purchaser shall pay Artist, as liquidated damages, the full guaranteed fee agreed to be paid for such performance, unless Artist subsequently agrees in writing to waive all or part of that payment. 10 INSURANCE Purchaser agrees to obtain any and all necessary personal injury and property damage liability insurance with respect to the activities of the Artist on the premises of Purchaser, or at such other location where purchaser directs Artist to perform Purchaser agrees to indenuufy and hold Artist harmless from any and all claims, liabilities, damages, and expenses for injury, damages or death to any person, persons, or property, including attorney's fees demands, suits, or costs of whatever nature arising from any action, activity, or omission of Purchaser or third parties, except for claims arising from Artist's willful misconduct or gross negligence. Purchaser shall provide to Artist a copy of Purchaser's policy insurance indicating coverage in the sum of at least dollars for personal injury and property damage, naming Artist as an additional insured for the date of the performance