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Home My WebLink AboutC99-158 Barbie Campbell and Brandit Marshal AustinCf 7- 15-t - 4/7 AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND BARBIE CAMPBELL AND MARSHALL AUSTIN PRODUCTIONS CONCERNING FREESTAGE ENTERTAINMENT AT THE COUNTY FAIR AND RODEO t THIS AGREEMENT is made this day 1999, by and between Eagle County, Colorado ("County'j, by and through its B, d of ounty Commissioners, and Marshall Austin Productions ("Contractor"). WHEREAS, the County is the owner of certain real property located in Eagle County, Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds"; and WHEREAS, the 1999 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 30 through August 8, 1999; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: AUTHORITY TO CONTRACT The County represents it is duly authorized to enter into this Agreement pursuant to Sections 30-11-101, 10-11-103, and 10-11-107, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT Entertainer agrees to provide headline entertainment at the Eagle County Fairgrounds as follows: Saturday, August 7th, 1999 6:00 p.m. - 8:00 p.m. 4. The County shall pay Artist the sum of One Thousand Eight Hundred Seventy - Five Dollars ($1,875.00) for the performance. Advance payment of Nine Hundred Thirty Seven Dollars ($937.00) shall be due and payable upon signing of this contract. The balance of the payment shall be due and payable upon the completion of performance. 5. The County shall provide lodging for five performers August 7th, 1999. gadocslagreemen. wpd INDEPENDENT CONTRACTOR 6. 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. 7. Entertainer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Entertainer's activities and responsibilities under this Agreement. 8. 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. 9. This Agreement shall 1 not be construed as creating any joint employment relationship between Contractor and Eagle County, and Eagle County shall not be liable for any obligation incurred by Contractor, including, but not limited to unpaid minimum wages and/or overtime premiums. 10. Either party may terminate this Agreement on written notice to the other party thirty days prior to the desired termination. However, in no event may either party terminate this Agreement after June 30 of any calendar year without reasonable cause. NOTICE 11. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: County: Board of County Commissioners, Eagle County, Colorado P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328-8605 Fax: (970) 328-7207 g:1 d o cs 1 agreem en . wpd Contractor: Barbie Campbell c10 Marshall Austin Productions 13111 W. Alemeda Pkwy., #28F Lakewood, Colorado 80228 Phone: (303) 688-7538 Phone: (303) 988-1878 (Fax) MISCELLANEOUS 12. All the clauses of this contract are distinct and severable, and if any clause shall be deemed illegal, void or unenforceable, it shall not effect the validity, legality, or enforceability of any other clause or portion of the contract. 13. Contractor agrees to indemnify and hold harmless Eagle County with respect to *any claims, liability or judgments resulting from acts or omissions of Contractor or Contractor's subcontractors, officers, employees, agents or volunteers in performing the service required be this Agreement. 14. Eagle County agrees to indemnify and hold harmless Contractor to the extent allowed by law with respect to any claims, liability or judgments resulting from the County's failure to perform its obligations under this Agreement. 15. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 16. Any amendments to this Contract must be in writing and signed by both parties. 17. This Contract shall be binding on, and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. This Contract may not be relied upon by any third party as the basis for a claim. 18. Notwithstanding anything to the contrary contained in this Contract, County shall have no obligations under this contract, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this contract, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. 29- 1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). g.1 docs lagreemen. wpd ... ..O, IN WITNESS WHEREOF, the parties have executed this Agreement this ( day of 1�t 1999. EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners: Clerk to the Boar g: I docsl agreemen. wpd m Marshall Austin Productions: By:i President Addendum to Agreement Between Eagle County Colorado and Barbie Campbell and Marshall Austin Productions 1. Marshall Austin Productions will receive payment in full ( $1,200.00 ) no later than 7/21/99. 2. Barbie Campbell will be paid Rain or Shine. -- Clerk to the Boar B. - - Johnette Phillips, Chairman Marshall Austin Productions Roy Mertik, President DISTRIBUTION Orldnals to: ntract Book 2. 3. 4. copies to• t. Accounting AGREEMENT BETWEEN EAGLE COUNTY COLORADO . AND BANDIT AND MARSHALL AUSTIN PRODUCTIONS CONCERNING FREESTAGE ENTERTAINMENT AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this (, '— day of QrYC1999, by and between Eagle County, Colorado ("County"), by and through its B d of ounty Commissioners, and Marshall Austin Productions ("Contractor"). WHEREAS, the County is the owner of certain real property located in Eagle County, Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds"; and WHEREAS, the 1999 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 30 through August 8, 1999; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: AUTHORITY TO CONTRACT The County represents it is duly authorized to enter into this Agreement pursuant to Sections 30-11-101, 10-11-103, and 10-11-107, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT Entertainer agrees to provide headline entertainment at the Eagle County Fairgrounds as follows: Friday, August 6th, 1999 2:00 p.m. - 4:00 p.m. 4. The County shall pay Artist the sum of One Thousand Two Hundred Dollars ($1,200.00) for the performance. Advance payment of Six Hundred Dollars ($600.00) shall be due and payable upon signing of this contract. The balance of the payment shall be due and payable upon the completion of performance. g: I docs 1 agreemen. wpd INDEPENDENT CONTRACTOR 5. 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. 6. Entertainer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Entertainer's activities and responsibilities under this Agreement. 7. 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. 8. This Agreement shall not be construed as creating any joint employment relationship between Contractor and Eagle County, and Eagle County shall not be liable for any obligation incurred by Contractor, including, but not limited to unpaid minimum wages and/or overtime premiums. 9. Either party may terminate this Agreement on written notice to the other party thirty days prior to the desired termination. However, in no event may either party terminate this Agreement after June 30 of any calendar year without reasonable cause. NOTICE 10. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: County: Board of County Commissioners, Eagle County, Colorado P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328-8605 Fax: (970) 328-7207 g.• ldocslagreemen. wpd 4 �- Contractor: Bandit c10 Marshall Austin Productions 13111 W. Alemeda Pkwy., #28F Lakewood, Colorado 80228 Phone: (303) 688-7538 Phone: (303) 988-1878 (Fax) MISCELLANEOUS 11. All the clauses of this contract are distinct and severable, and if any clause shall be deemed illegal, void or unenforceable, it shall not effect the validity, legality, or enforceability of any other clause or portion of the contract. 12. Contractor agrees to indemnify and hold harmless Eagle County with respect to any claims, liability or judgments resulting from acts or omissions of Contractor or Contractor's subcontractors, officers, employees, agents or volunteers in performing the service required be this Agreement. 13. Eagle County agrees to indemnify and hold harmless Contractor to the extent allowed by law with respect to any claims, liability or judgments resulting from the County's failure to perform its obligations under this Agreement. 14. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 15. . Any amendments to this Contract must be in writing and signed by both parties. 16. This Contract shall be binding on, and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. This Contract may not be relied upon by any third party as the basis for a claim. 17. Notwithstanding anything to the contrary contained in this Contract, County shall have no obligations under this contract, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this contract, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of title 30 of the Colorado Revised Statutes, the Local Government. Budget law (C.R.S. 29- 1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). g. ldocslagreemen. wpd `00 /.un IN WITNESS WHEREOF, the parties have executed this Agreement this (0 day of 1999. �I EAGLE COUNTY,COLORADO, by and through its Board of County Commissioners: E Marshall Austin Productions: By: 11 � President g: I docs1 agreemen. wpd Addendum to Agreement Between Eagle County Colorado and Bandit and Marshall Austin Productions 1. Marshall Austin Productions will receive payment in full ( $1,200.00 ) no later than 7/21/99. 2. Bandit will be paid Rain or Shine. gnrif Clerk to the Board B ___ Johnette Phillips, Chairman Marshall Austin Productions Roy Mertik, President u r DISTRIB;! � inid Or i als to: �. con ,act Boo 3. C 4. Co ies h_ I. Accounting 2. 3. 4. --�'.. ...