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HomeMy WebLinkAboutR03-042 Ratifying Agreements Concerning the 2003 Eagle County Fair and Rodeoa1 • Commissioner moved adoption of the following esolntion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-_Gl RESOLUTION RATIFYING AGREEMENTS CONCERNING THE 2003 EAGLE COUNTY FAIR AND RODEO WHEREAS, at its regular meeting of February 12, 1983, the Board of County Commissioners of the County of Eagle, State of Colorado, created the Eagle County Fair Board (hereinafter the "Fair Board"), by adopting Resolution No. 83-13; and WHEREAS, Eagle County created the Fair Board to assist the Board of County Commissioners in managing the annual County Fair, held each summer; and WHEREAS, the Fair Board entered into the following agreements concerning the 2003 Eagle County Fair and Rodeo, scheduled to be held at the Eagle County Fairgrounds July 26, 2003 through August 2, 2003: Agreement Between Eagle County, Colorado and Benje Bendele Concerning Sound at the 2003 County Fair and Rodeo (See Exhibit A); Agreement Between Eagle County, Colorado and Leon Coffee Concerning Barrehnan Act at the County Fair and Rodeo (see Exhibit B); Agreement Between Eagle County, Colorado and Darrell Diefenbach Concerning Bull Fighter at the County Fair and Rodeo (See Exhibit C); Agreement Between Eagle County, Colorado and Bradford Knifong Concerning Bull Fighter at the County Fair and Rodeo (See Exhibit D); Agreement Between Eagle County, Colorado and Casey Smith Concerning Bull Fighter at the County Fair and Rodeo (See Exhibit E); Agreement Between Eagle County, Colorado and Les Ohlhauser Concerning Announcing at the County Fair and Rodeo (See Exhibit F); Agreement Between Eagle County, Colorado and Marshall Austin Productions, Inc. Concerning Portable Stage Rental (See Exhibit G); Agreement Between Eagle County, Colorado and Roy Mertik of Marshall Productions, Inc. Concerning Entertainment Act (See Exhibit IT); and ,. , • WHEREAS, Article Four of the Fair Board Bylaws prohibits the Fair Board from entering into any contracts and requires the Fair Board to submit those contracts which it feels would be necessary or beneficial to the Board of County Commissioners for approval; and WHEREAS, the Board of County Commissioners desires to ratify the aforementioned agreements concerning the 2003 Eagle County Fair and Rodeo, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the following agreements concerning the 2003 Eagle County Fair and Rodeo are hereby ratified by the Board of County Commissioners: Agreement Between Eagle County, Colorado and Benje Bendele Concerning Sound at the 2003 County Fair and Rodeo (See Exhibit A); Agreement Between Eagle County, Colorado and Leon Coffee Concerning Barrehnan Act at the County Fair and Rodeo (See Exhibit B); Agreement Between Eagle County, Colorado and Darrell Diefenbach Concerning Bull Fighter at the County Fair and Rodeo (See Exhibit C); Agreement Between Eagle County, Colorado and Bradford Knifong Concerning Bull Fighter at the County Fair and Rodeo (See Exhibit D); Agreement Between Eagle County, Colorado and Casey Smith Concerning Bull Fighter at the County Fair and Rodeo (See Exhibit E); Agreement Between Eagle County, Colorado and Les Ohlhauser Concerning Announcing at the County Fair and Rodeo (See Exhibit F); Agreement Between Eagle County, Colorado and Marshall Austin Productions, Inc. Concerning Portable Stage Rental (See Exhibit G); Agreement Between Eagle County, Colorado and Roy Mertik of Marshall Productions, Inc. Concerning Entertainment Act (See Exhibit I-~; and THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ, AND ADOPTED by the Board of County Commis 'oners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of 2003. COUNTY OF EAGLE, STATE OF .~.~;-. COLORADO, By and Through Its ATTEST: ®~ ~~'~ ~® BOARD OF COUNTY COMIVIISSIONERS ~~ Teak Simonton, ~ _ ~chael L. Gallagher Clerk to the Board of Chairman County Commissioners ~~~f~ Commissioner „ ~ C~ '~ seconded adoption of the foregoing resolution. The roll having been called, the vote as as follows: Commissioner Michael L. Gallagher ~- Commissioner Tom C. Stone Commissioner Arn M. Menconi This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado G:~Debbie Faber~Resolution. Fair Board. Amendment to Bylaws 2003.wpd Commissioner AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND_BENJE BENDELE CONCERNING _SOUND_ AT THE 2003 COUNTY AND RODEO THIS AGREEMENT is made this ~ .~ day of c , 2002, by and between Eagle Co o a ("Co "), by and through its oB and of Coun Commissioners, and ("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 2002 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds July 26, 2002 through August 2, 2003; and NOW THEREFORE, inconsideration 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 3. Bendele will provide: a.) appropriate musical accompaniment (miix only) b.) computer generated music and sond effects, mix only for all events, Pre- show to Pro-show, specialty acts and clown acts as needed during the performances of the Mr. T Bull Riding and the PRCA Rodeo. c.) Music technician (Ben Benavedes) for all performances in question. 4. The County will provide: a.) Adequate set up time of equipment necessary for job. b.) Set up as close to announcer as possible. c.) Hotel/motel accommodations for one non-smoker. Arrival date July 25tH 2003 thru departure date August 3`d 2003 g: lfairgrou/fair/contracts/faircontract. wpd • COMPENSATION 5. The County shall pay Contractor the sum of _Five Thousand Dollars ($_5,000.00 for _Five total performances. Payment shall be due and payable on or before the final performance. INS NCE ~ ~a~- A~~~ ~ ~ ~~ ~~;~ ' 1 6. Co acto Insurance: The ntractor shall purchase and mai in such insura a as will protect him from claims which may arise out of or r ult from the Contract 's operations under the contract, whether such operatio be by himself, or by any s contractor, or by anyone directly or indirectly a toyed by any of them, or by an ne for whose acts any of them may be liabl .All such insurance shall remain in a ct until the contract has been fully perfo ed and Contractor has departed (removin all equipment, personnel and terials) the Fairgrounds property. All insurance ust be obtained from compa ' s authorized to conductthat line of insurance busine in the state of Colorad . Insurance coverages shall bias follows: Claims underWorkmen's mpe anon, disabilitybenefits,and othersimilar employee benefit acts, as r ' ed by the laws of the State of Colorado; Claims for damage bec se bodily injury, occupational sickness or disease, or death of his mployee in the amount $100,000 per person; Claims for damage ecause of bodily jury, sickness or disease, or death of any person of er than his employees, damages because of injury to or destruction of t gible properly, including to of use resulting therefrom; and claims insry d by usual personal injury lia ' ity coverage; in the amount $500,000 r person/$1 million per occurrence, nsive Automobile Insurance in the mount $500,000 per million per occurrence. ~ prior o Contractor beginning performance of this contract, and Co actor will not b iven access to the Fair rounds until it has done so. These Certi Cates shall ontain provisions naming the County as an additional insured (exc t under workers' compensation insurance), and that coverage afforded under the olicies will not be canceled until at least thirty days written notice has been given the County. INDEPENDENT CONTRACTOR g: Ifairgr~ou/fair/contracts/faircontract. wpd 7. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will bean 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. 8. County will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Contractor's activities and responsibilities under this Agreement. 9. Contractor 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. 10. 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. 11. 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 12. 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 Contractor: Benje Bendele g: Ifairgrou/fair/contracts/faircontract. wpd M Professional Rodeo ouncer .~ ~~ ~ Talley R ~,r~~ r San exas 78253 ~~~ ~ 1 ~~ ~ (210 1- Bus. 679-8368 MISCELLANEOUS x,712 r-~~ ~3J ~ 1 ~~~~ 13. 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 enforce ability of any other clause or portion of the contract. 14. Artist shall indemnify, hold harmless and save Eagle County, their employees, officers and directors from and against any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including, but not limited to, attorney's fees, which may be imposed upon or incurred or paid by or asserted against Eagle County, their employees, officers and directors, the buildings or any interest therein by reason of or in connection with, directly or indirectly, the performance of the Services and/or any act or omission of Artist, including employees, subcontractors and agents, whether or not acting within the scope of their employment or agency. 15. 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. 16. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 17. Any amendments to this Contract must be in writing and signed by both parties. 18. 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. 19. 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: I fairgrou/fair/contracts/faircontract. wpd IN WITNESS WHEREOF, thrties have executed this Agreement this ~~ day of EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners: o r BY~ ~ t~ Fair & Ro a Manager c~~..~ ~~ tc~'dln g: Ifairgrou/fair/contracts/faircontract. wpd 11/18/02 Eagle County Fair Rusty Williams PO Box 57 Eagle, Colorado 81631 This Document will serve as a binding contract between Benje Bendele of Crazy Heart Sound and Music, herein after referred to as Bendele and Rusty Williams of the Eagle County Fair, Eagle, Colorado herein referred to as Williams. Williams agrees to hire Bendele as Music Director of the Mr. T Bull Riding and the PRCA Rodeo held at the Eagle County Fair and Rodeo 2Q03.Dates of the Bull Riding July 26'~ 2003` PRCA Rodeo July 30s` thru August 2°d 2003 tptal of Five Performances. What Bendele wii[ provide for Wllliamsr ~ - A)appropriate musical accompani~-ent (nux only) B)computer generated music and sound effects, mix .only for all even, Pre-show to Pro-show, specialty acts and clown acts as needed dining the: performances of the Mr. T Bull Riding and. the PRCA Rodeo. C)Music technician for all performances in question. (Ben Benavedes will be your Music Technician) What W~i1,liams will provide for Bendele: A)hoteL~motel accommodations for cue non-smoker. Arrival date July 25"` 2003 thru Departure daate August 3`~ 2003. Ballow adequate set up time of equipment necessary for job.' Callow setup area as close to announcer as passible.:. D)Pay Bendele $SOtUD.QO on or befoze the final performance of the Eagle County PRCA Rodeo. Payment.made to Benje Bendele and delivered fo Ben Benavedes. Any additional fees or county income fees for entertainers will be the responsibility of Williams or the Eagle County Fair and Rodeo. Mr Williams we are working for yon .Should: you have any questions or remarks please contact me. Cell- 210-912-0914 Fax 830-732.3036. Upon signing this document it will serve as a binding contract between Bendele and Williams. ~/ --a7Aoa Date ~- Date 3777 Talley ltd. #3 San .dlntonio, Tezas 78253 • Phone 210-601-0910 Faz 210-679-8368 .. .~ AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND LEON COFFEE CONCERNING BARRELMAN ACT AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this b %~ day of ~~d~~,riy 2003, by and between Eagle County, Colorado ("County"), by and through its Board of County Commissioners, and Leon Coffee ("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 2003 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds Saturday, July 26, 2003 through Sunday, August 2, 2003; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties 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 10-11-107, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT 3. Contractor agrees to provide a Barrelman and Clown Act at the 2002 Eagle County Fair & Rodeo on the following dates: Saturday Wednesday, Thursday, Friday, Saturday, COMPENSATION July 26, 2003 8:00 pm July 30, 2003 8:00 pm July 31, 2003 8:00 pm August 1, 2003 8:00 pm August 2, 2003 8:00 pm 4. The County shall pay the Contractor the sum of Four Thousand Dollars ($4,000) for 5 total performances at $800.00 per performance. Payment shall be due and payable upon the completion of final performance Saturday, August 2, 2003. 5. The County will also provide contractor with hotel accommodations at the Fair & g: Ifairgrou/fadr/contracts/, faircontract. wpd Rodeo host hote~r the evenings of July 26, 30, 31, ~ust 1, 2, 2003. INSURANCE 6. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until the contract has been fully performed and Contractor has departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conductthat line of insurance business in the state of Colorado. Contractor's Insurance: The Contractor acknowledges that it is his responsibility to obtain insurance coverages as follows: Claims under Workmen's Compensation, disability benefits, and othersimilar employee benefit acts, as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, in the amount $100,000 per person; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees; damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and claims insured by usual personal injury liability coverage; in the amount $500,000 per person/$1 million per occurrence; Comprehensive Automobile Insurance in the amount $500,000 per person/$1 million per occurrence. The Contractor understands that the County does not provide the above referenced insurances for the Contractor. INDEPENDENT CONTRACTOR 7. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will bean 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. g: l fairgrou/fair/contracts/faircontract. wpd • 8. County will retain sole and absolute discretion in .the judgment of the manner and the means of carrying out Contractor's activities and responsibilities under this Agreement. 9. Contractor 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. 10. 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. 11. Contractor is obligated to provide for his performance in the event he/she is unable to fulfill the contracted obligation. NOTICE 12. 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 Eagle County Fair & Rodeo L.E. Williams, Jr., Manager P.O. Box 57 Eagle, CO 81631 Telephone: (970) 328-3646 Fax: (970) 328-2442 Contractor: Leon Coffee P.O. Box 1419 Blanco, TX 78606 Phone: (512) 658-0540 MISCELLANEOUS 13. 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 enforce ability of any other clause or portion of the contract. 14. Contractor shalllndemnify, hold harmless and save Eagle County, theiremployees, officers and directors from and against any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including, but not limited to, attorney's fees, which may be imposed upon or incurred g: Ifairgrou/fair/contracts/faircontract. wpd t~ or paid by or ass~d against Eagle County, their empl~es, ofFcers and directors, the buildings or any interest therein by reason of or in connection with, directly or indirectly, the performance of the Services and/or any act or omission of Artist, including employees, subcontractors and agents, whether or not acting within the scope of their employment or agency. 15. 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. 16. Neither the Contract, nor any interest nor claim maybe assigned by the Contractor without prior written approval of Eagle County. 17. Any amendments to this Contract must be in writing and signed by both parties. 18. 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. 19. 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). IN WITNESS WHEREOF, the parties have executed this Agreement this i ® day of -~.~C„~u«.~, , 2003. Cau~~(. ~~ ' U ~/.a/oc~ EAGLE COUNTY, COLORADO, `~L F~i~RQde~ agar, WLL.E. WiW I ams, Jr. eon Coffee g: I fairgrozilfair/condracts/faircontract. wpd • AGREEMENT BETWEEN • EAGLE COUNTY COLORADO AND DARRELL DIEFENBACH CONCERNING BULL FIGHTER AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this c~ CU day of %~.;~~ ~, 2002, by and between Eagle County, Colorado ("County"), by and through its Board of County Commissioners, and Darrell Diefenbach ("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 2003 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds Saturday, July 26, 30t", 31St August 1St and 2, 2003; and NOW THEREFORE, inconsideration of the mutual covenants and agreements contained herein, the parties 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 10-11-107, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT 3. Contractor agrees to provide bull fighter services for the 2002.Eagle County Fair & Rodeo for the following dates: July 26, 2003 July 30, 2003 July 31, 2003 August 1, 2003 August 2, 2003 COMPENSATION Bull Riders Classic 7:00 pm PRCA 7:00 pm PRCA 7:00 pm PRCA 7:00 pm PRCA 8:00 pm 4. The County shall pay Contractor the sum of Three Thousand Two Hundred Dollars ($3,200) (Saturday, August 2, 2003) 5. The County will also provide contractor with hotel accommodations at the Fair & g: Ifairgrou/fair/contracts/faircontract.wpd ~ ~ J ~~~ Rodeo host hotel the evenings of July 26, 30, 31, A~ist 1 and 2, 2003. INSURANCE 6. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until the contract has been fully performed and Contractor has departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conductthat line of insurance business in the state of Colorado. Contractor's Insurance: The Contractor acknowledges that it is his responsibility to obtain insurance coverages as follows: Claims under Workmen's Compensation, disability benefits, and othersimilar employee benefit acts, as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, in the amount $100,000 per person; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees; damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and claims insured by usual personal injury liability coverage; in the amount $500,000 per person/$1 million per occurrence; Comprehensive Automobile Insurance in the amount $500,000 per person/$1 million per occurrence. The Contractor understands that the County does not provide the above referenced insurances for the Contractor. INDEPENDENT CONTRACTOR 7. 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. 8. County will retain sole and absolute discretion in the judgment of the manner and g: lfairgrou/fair/contracts/faircontract. wpd the means of ca~ing ,out Contractor's activities and~sponsibilities under this Agreement. 9. Contractor 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. 10. 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. 11. Contractor is obligated to provide for his performance in the event he/she is unable to fulfill the contracted obligation. NOTICE 12. 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 Eagle County Fair & Rodeo L.E. Williams, Jr., Manager P.O. Box 57 Eagle, CO 81631 Telephone: (970) 328-3646 Fax: (970) 328-2442 Contractor: Darrell Diefenbach 9100'~easley Lane. Lot 2~ Denton, TX 76210 MISCELLANEOUS 13. 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 enforce ability of any other clause or portion of the contract. 14. Contractor shall indemnify, hold harmless and save Eagle County, their employees, officers and directors from and against any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including, but not limited to, attorney's fees, which may be imposed upon or incurred or paid by or asserted against Eagle County, their employees, officers and directors, the buildings or any interest therein by reason of or in connection with, directly or g: lfairgrou/fair/contracts/faircontract. wpd r ~ indirectly, the pe~rmance of the Services and/or an~act or omission of Artist, including employees, subcontractors and agents, whether or not acting within the scope of their employment or agency. 15. 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. 16. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 17. Any amendments to this Contract must be in writing and. signed by both parties. 18. 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. 19. 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). IN WITNESS WHEREOF, .,~~~ i/ , 2002. ~~ ~~ /l~I a the parties have executed this Agreement this ° C~ day of g: Ifairgrou/fair/contracts/faircontract. wpd EAGLE COUNTY, COLORADO, Fair & Rodeo Manager, AGREEMENT BETWEEN • EAGLE COUNTY COLORADO AND BRADFORD KNIFONG CONCERNING BULL FIGHTER AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this ~ day of 01~ , 2002, by and between Eagle County, Colorado ("County"), by and through its Board of County Commissioners, and Bradford Knifona ("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 2003 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds Saturday, July 26, 30~' , 315, August 1~ and August 2"d , 2003; 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 3. Contractor agrees to provide bull fighter services for the 2002 Eagle County Fair & Rodeo for the following dates: July 26, 2003 July 30, 2003 July 31, 2003 August 1, 2003 August 2, 2003 COMPENSATION Bull Riders Classic 7:00 pm PRCA 7:00 pm PRCA 7:00 pm PRCA 7:00 pm PRCA 8:00 pm 4. The County shall pay Contractor the sum of TwoThousand Four Hundred Dollars ($2400) at $800 for the Bull Riders Classic and $400 per PRCA performance. Payment shall be due and payable upon the completion of performance (Saturday, August 2, 2003) g: lfairgrot~lfair/contracts/faircontract. wpd k ~~ - ~ ~ 5. The County will ~o provide contractor with hotel acc modations at the Fair & Rodeo host hotel for the evenings of July 26, 30, 31, August 1 and 2, 2003. INSURANCE 6. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until the contract has been fully performed and Contractor has departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conduct that line of insurance business in the state of Colorado. Contractor's Insurance: The Contractor acknowledges that it is his responsibility to obtain insurance coverages as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, in the amount $100,000 per person; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees; damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and claims insured by usual personal injury liability coverage; in the amount $500,000 per person/$1 million per occurrence; Comprehensive Automobile Insurance in the amount $500,000 per person/$1 million per occurrence. The Contractor understands that the County does not provide the above referenced insurances for the Contractor. INDEPENDENT CONTRACTOR 7. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will bean 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 SecurityAct, 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. 8. County will retain sole and absolute discretion in the judgment of the manner and g: I fairgrou/fair/contracts/faircontract. wpd the means of c~iing out Contractor's activities an~sponsibilities under this Agreement. 9. Contractor 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. 10. 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. 11. Contractor is obligated to provide for his performance in the event he/she is unable to fulfill the contracted obligation. NOTICE 12. 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 Eagle County Fair & Rodeo L.E. Williams, Jr., Manager P.O. Box 57 Eagle, CO 81631 Telephone: (970) 328-3646 Fax: (970) 328-2442 Contractor: Bradford A. Knifong 609 Twinflower Dr. Canon City, CO 81212 (719) 651-9234 bradknifong@hotmail.com MISCELLANEOUS 13. 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 enforce ability of any other clause or portion of the contract. 14. Contractorshalllndemnify, hold harmless and save Eagle County, theiremployees, officers and directors from and against any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including, but not limited to, attorney's fees, which may be imposed upon or incurred g: l fairgrou/fair/contracts/faircontract. wpd or paid by or asse~d against Eagle County, their empl~es, officers and directors, the buildings or any interest therein by reason of or in connection with, directly or indirectly, the performance of the Services and/or any act or omission of Artist, including employees, subcontractors and agents, whether or not acting within the scope of their employment or agency. 15. 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. 16. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 17. Any amendments to this Contract must be in writing and signed by both parties. 18. 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. 19. 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). IN WITNESS WHEREOF, the parties have executed this Agreement this ~ day of ~ , 2002. ~~-~~'~~ ~~ ~~ ~~ ~~~/~~~ EAGLE COUNTY, COLORADO, Fair & Rodeo Manager, ~~ L.E. Willi s, Jr. radford A. Knifong g: l fairgrota/fair/contracts/faircontract. wpd • AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND CASEY SMITH CONCERNING BULL FIGHTER AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this ~> day of .lUt11~ , 2002, by and between Eagle County, Colorado ("County"), by and through its Board of County Commissioners, and Casey Smith ("Contractors). 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 2003 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds Saturday, July 26, 30t", 31St, Aug 1St and 2"d 2003; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties 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 10-11-107, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT 3. Contractor agrees to provide bull fighter services for the 2003 Eagle County Fair & Rodeo for the following dates: July 26, 2002 Bull Riders Classic 7:00 pm July 30, 2002 PRCA 7:00 pm July 31, 2002 PRCA 7:00 pm August 1, 2002 PRCA 7:00 pm August 2, 2002 PRCA 8:00 pm COMPENSATION 4. The County shall pay Contractor the total sum of Two Thousand Four Hundred Dollars ($2400) at $800 for the Bull Riders Classic and $400 per PRCA performance. Payment shall be due and payable upon the completion of performance (Saturday, August 2, 2003) The County will also provide contractor with hotel accommodations at the Fair & g: fQZPgP02l~fCZIP~COY6ll'CdCIS~,f[dZTC0J2lPCdCl.WpII ,, / '' ~~ Rodeo host hote~r the evenings of July 26, 30, 31, ~ust 1, 2, 2003. INSURANCE 5. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until the contract has been fully perFormed and Contractor has departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conductthat line of insurance business in the state of Colorado. Contractor's Insurance: The Contractor acknowledges that it is his responsibility to obtain insurance coverages as follows: Claims under Workmen's Compensation, disability benefits, and othersimilar employee benefit acts, as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, in the amount $100,000 per person; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees; damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and claims insured by usual personal injury liability coverage; in the amount $500,000 per person/$1 million per occurrence; Comprehensive Automobile Insurance in the amount $500,000 per person/$1 million per occurrence. The Contractor understands that the County does not provide the above referenced insurances for the Contractor. INDEPENDENT CONTRACTOR 6. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will bean 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. County will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Contractor's activities and responsibilities under this g: lfairgrou/fair/contracts/faircontract. wpd Agreement. 8. Contractor 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. 9. 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. 10. Contractor is obligated to provide for his performance in the event he/she is unable to fulfill the contracted obligation. 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 Eagle County Fair & Rodeo L.E. Williams, Jr., Manager P.O. Box 57 Eagle, CO 81631 Telephone: (970) 328-3646 Fax: (970) 328-2442 Contractor: Casey Smith 8096 W. County Rd 2H Loveland, CO 80534 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 enforce ability of any other clause or portion of the contract. 13. Contractorshalllndemnify, hold harmless and save Eagle County, theiremployees, officers and directors from and against any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including, but not limited to, attorney's fees, which may be imposed upon or incurred or paid by or asserted against Eagle County, their employees, officers and directors, the buildings or any interest therein by reason of or in connection with, directly or indirectly, the performance of the Services and/or any act or omission of Artist, including employees, subcontractors and agents, whether or not acting within the g: I fairgrou/fair/contracts/faircontract. wpd scope of their err~yment or agency. 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 maybe 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). IN WITNESS WHEREOF, the parties have executed this Agreement this ~ day of ~'~' , 2002. ~ ~ ~ 5/iv/o~ EAGLE COUNTY, COLORADO ~,~ , Fair & Rodeo Manager, Y - L.E. Willia , Jr. Casey Smith g: I fairgrou/fadr/contracts/faircontract. wpd AGREEMENT BETWEEN EAGLE COU ~HLHAU ERDO AND LES CONCERNING ANNR AN RODE® THE COUNTY FAI and between Eagle 2002, by of Commissioners, and THIS AGREEMENT is made t bis and ugh its Board of County County, Colorado (County ), Y Les Ohlhauser ("Contractor''). le County, ro erty located in Eag S the County is the owner of ferred to aslthe "Eagle County Fairgrounds";and W HEREA , Colorado, which is used and commonly re scheduled to be held at the Eagle le County Fair & Rodeo is Sunday, August 2, 2003; and WHEREAS, the 2003 Eag July 26, 2003 through County Fairgrounds Saturday, reements contained E in consideration of the mutual covenants and ag NOW THER a~OR agree as follows: herein, the p AUTHORITY TO CONTACT to enter into this Agreement purs~t to Sections r resents it is duly authorized 1 The County eP and 10-11-107, as amended. 30-11-101, 10-11-103, authorized to enter into this Agr~ment for its intende 2, The Contractor represents it is duly purposes. AGREEMENT rofessional bullridmg °n S attirday, 1 erf°rmance ofp le County Fair PRCA Rodeos at Contractor agrees to ann°un~ atone ( ) p 3 ~ 2003 and all four (4) PeTfO~anOes of the 2002 Eag July 26, August 1, and 7 pm on 2, 2003. 7pm on July 30, 31, COMPENSATION 500) for the sum of Two Thousand Five a~ entd hall be (due and The County shall pay Contrac ~ erformance. P Ym 4' S total Performances at $500.00 p p for five () letion of performance. payable upon the COmp the Wight of July 26, 2003 and rovide complimentary lodging shall p 5 room nights only. In addition, the Counts 1 ~ 2, 2003 for a total of five ( ) July 30, 31 and Augu INSURANCE for shall purchase and maintain sucha t ur operations 5, Contractor's Insurance: The Contrac~se out of or result from the Contr protect him from claims which may ~~ ~ g: lfairgrou/fair/contracts/faircontract. wpd ~ ~ 15. Neither the Contract, nor any interest nor claim maybe assigned by the Contractor without prior written approval of Eagle County. 16. Any amendments to this Contract must be in writing and signed by both parties. 17. This Contract shall be binding on, and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. This Contract may not be relied upon by any third party as the basis for a claim. 18. Notwithstanding anything to the contrary contained in this Contract, County shall have no obligations under this contract, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this contract, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. 29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). IN WITNESS WHEREOF, the parties have executed this Agreement this 2 day of ~.Q-t~. , 2002. 5~~o~oCo EAGLE COUNTY, COLORADO, & Rodeo ager, ~\ L.E. Wi s, Jr. ' Contractor g: Ifairgrou/fair/contracts/faircontract. wpd 1-17-2003 11-01 AM FROM 01/17/003 1.0:20 38398818 MAR~IALL AUSTIN Contract #10119 ~ . *\~ p R O D U C T I U tV ~'" I~101 S. Youngt3eld Ct. Lakewood, CO 802$ Pb (303) 98&2200 Fay[ (303) 988-1878 PAGE 02 Polrt8ble Stage Rental Agreement This Agreement madc this 16th day of January, 2003 between Marshall Anstin Productions, l;nc. (NiAY') and F.agie County Colorado (Renter). ttlnhr )1Taane twd Address: E9gie County Cvlvraado Anthorited Contact Peraoos: Only the persons Warned below shall be authorised to madif'y this Agreement or to respond to inquiries in connection wkh the Portable Stage Rental Agreemexat. Beater's ContaM $srson Matshali Austin Contact Per Name: Rtasty Willta.»s Nance: Norm Silver '~ 'tillle; Fair Dhrsctor Zino; Entertaiaaatnt Director I'hoae: 97Q-328-3646 Phvn~e- 303-988-2200 ~'ax:.970.3Z&2442 Fax; 3U3-9$$-1878 CeU: CeU: 303-8t0-7852 If any notice is given it shall be in writing to the attention of the Contact .Person identified above and shall be sent via facsimile to the fax number set forth above with receipt confl:y»adon via facsimile from the Contact Person, by personal delivery witll a written receipt or by registered or certified mail. Either party may designate another Contact Person in writing to the other is accotdant:e with the above. ltoatal Date(s) atad Times is ase: 7/'26/03 9p-11p Loczbivaa(aa): Eagle Fair 3c ttodev -Bull Ring Eagle, CO Aetivery and Pick Up x'imea: Delivery: 7/2b/03 (9A) Pickap 7/27/03 (gat) Onsite Contact Name: Raaty Williaats x'ype of Use: Live entertainment Sa1es't'aa: da 't'otal Rental price:. 51,75!1.110 Payment't'eraaa for Rental: 51,750.00 payable to Ii'iarahaU Austin Pa~odactione, t,ac, by 2/14/03 Payetemt'Y`erats for Secaritr Deposit: S500.t)0 pltyable to MarelaAll Aaatin Prvdnetloaa, rnG by 21a 4/03 P. 2 ~K~ G ~-17-2003 11:02AM FROl~1 91 / ~ 7!'2903 181:20 30398818 tdAR5HALL Ali5TIN PA(~ 03 Page Z of4 of STAGE RENTAL AGREEMENT eoaeraet * 1Vl 19 Ca-ntraM and Illdemnifiieation Agreement #o be Signed and Returned by: 2/14103 Security Il'gpQ.sit sad Fees A secmtity deposit of 53t~ is required. The deposit Witt be retained by MAP in the event then is damage to the stage or and cancellation fee is due and unpaid. MAP representatives wilt have ten (I Oj business days following the event to cotntad the Renter and ir-foran thtm of ~7 reason full or parch! retention of the security deposit should occur, If any Rcrrtal proptrry is damaged, destroyed, lost, seized or is otherwise unavailable for retutTl, the Renter shall pay the fair market replacement Charge for such items and the rental fee incurred. If any payment is not paid on the dates set fartti above, MAP shall have the right co immediately discvati~otue the rental and regain possession ofthe stage whhout titrther notice or an opportunity far cure and shall be entitled to retain all payments previously mode as liquidated damages. All amounts unpaid for longer than thirty (30) days shall bear interest from the due date at the raft of 1.54 a per month (I S°roAPR). 1VIAP shalll be errtided to Collett its attorneys fees and Costs in the evert it determines to take legal action to collect any urrpaid amouet. Delivery, Setup aad Remove! oiPortable Stave MAP reprtsentatives wilt deliver, getup and removt the portable stage at specified times for a cost quoted in the payment terms. If it is necessary to move lira portable stage al aay tinge during the rental, addidonai costs may be incurred. t=xcept fot emcrgeary circumstances. at Ito time Witt the Renter mpve, reprove, reconfigure, adjust, yr otter the• portable stage-without the prior consent of MAP personnel. Upon delivery aad setup of the ponable stage, the Renter Shall have costtrol of the use of the portable stage and shall be responsible for insurhtg the safety of the users of the portable stage and all persons in the arse of the portable stage. The Kerner shall be responsible for discontinuing the use of the stage where conditions render the corrtimred use of the surge unsafe. The portable stage is not d public accommodation with the meaning of the americans with DiaabiGties Act ("AI>A"). if the Renter intends to ass the portable stage at a public accommodation it is the Reatez's responslbillry to Insure Compliet+cc with the ADA. Pr~oota[ l(trsHrsnee aad tiodelsutlfksti~b A certificate of $eatra) fIabiliry insurance with a minimum coverage of 5500,000, issued by an Insurer and in a form acceptable to MAP is rtquirad. Renter will name MAP as additional insured on their general Iiabil{ty insurance during the term of this agreemetatt. his the Rerttea's responsibility to prodtde adequate persopal Ilabilicy, payrrresrrt of any and all deductibles is ffie responsibility of the Renter. Chan>tas to $t+tat The Realer agrees that any atttretions, additions, substitutions or changes made to the rental agreement may increase the time necessary for MAP to perform its obligations and may necessitate additional expenditures to complete petfortnrwce. In tht eyeat the Kegler requests a change, the Renter shall notify MAP's Contact Person aad a written addendum to this Agreernetrt shall be prepared tv set forth the egreenrent of the parties rrith respect w the changes and the additional payapent, payment terms and insurance requirements, Rdatlt- ip o! the )p'brttes P. 3 The parries agree that MA.P is ari Independent Contractor of the Renter aad that nv agency. employment, joint vettttltt or partnership relatinaship is created by this Al;teemeat. ~-17-2003 1:26PM FROM 01/1'l/2003 11:00 30398818 NfARSEIALL t>t}STIN ~ PAGE 02 Pa&e 3 of 4 of STAGE RENXAI, A('iREklvIElVT contracts 10119 Cancellation This Agreement maybe canceled without liability by mutual agreement of the pasties at any time. !f the Renter cancels in full the se~rviees and items which act the subject of the Agreetnenc. MAP shal- be entitled to retain x11 amounts paid through the date of cancellation as liquidated damages. If a notice of cancellation is slot received by MAP ~ least 30 business days prior to the first rental date, the full agreed tental price will be due and payable as set forth in payment terms. The time spent by MAP to di5contitnte pettding atrartgelmettts as a result of the cancellation shall be billed to the client at the fate of S6S.00 per hour. The ittnttr shall also pay any remaining e~cper-ses, deposits or paymentts of any kind that continue to be due to third parties after such cattceIliation. Excuse of Rental FnlSllmeat The Renter acknowledges and agrees that the performance of the duties and services and delivery of supplies is subject to acts of God, political, govemmetttel or labsn inrorference, natural or man made disasters and other causes beyond the control of MAP that make it illegal or commercially ;nrpvssible for the event to be held and the services conisnttplated hereunder tv be rendered. in such event the obligatipns Of MAP hereunder Shall be excused, the Renter shall bear the risk of cancellation due M inclement weather and shall bear all expenses of such caticeUatioo. MAP shall riot be llabk under any circumstances for any indirect or coasequemial druma~es as a ttisult of any breach or failure to pctforrr* under this Agreement. ,A-cknowledgment Both Renter and MAP aclrnowledge and confirm that t2-ey have read and apprpved the terms and conditiaas see forth is this Agttiemeat. Renter Name lplease print} ~ ~ (,~/, jl r u... s ~~ Renter Signature Date `- ! ~ " 03 . ~~ Marsh 1 Austin $rvductions, Jnc. Si~gnatttrc ~ ~~ 5tsee Sveciilcatioaa 24 ft x 16 ft. postab~e stage w/ two 4x4 sotuxd wings ElecirirrsllReguitementa The electrical service pane! includes a master strut off switch as well as circuit bteaktrs, power outlets The paste) has a 220 voh~50 aatp lead . The Renter agreeB to provide a 601~w geuera~tor and power source hookap to t)<le rear of the stage. P. 2 1~ 17-2003 11:O3AM FROM Eal/.71'2003 10:20 303988181r MARSFiAL,I_ A<.15TIN ~ PAGE 05 Page a of 4 of STAGE RENYAI, AGItI'sI;MEN7 contract#11i119 Portable Stage Rental Iademnifieafron Agreennent Eagle County Colorado agrees to indemnify aad hold harmless Marshall Austin I~reductions, Inc., its officers, employees, represen~tives, and trlsurars, from and agelast ati liability, eiaims end demands, on account of injury, loss, or damage, Uacludittg without litnitatlon claltns arlslag i~rmn bodily damage, ox any other lose of any load whatsoever, which arise out of or arc ;n aay manner connected with this agreement, if suc}a injury, loss, or damage ,s caused in whole or iii part by, or is claimed m be caused Un whole or In part by, tht act, omission, error, professional error, mistake, negligrnce, or other faitt of Eagle County Colorado or any officer, employee, representative, or agent of ~'aigle County Colorado or of any employee of Eagle County Colorado agrees to investigate, handle, respoad to, and to provide defense far and defend against, any such liability, claims or derrsands at the sole expense of Eagle County Colorado or at the option of Marshall Austin Productions, Inc. agrees to pay Marshall Austin Productiotu, Inc., or reimburse saute for the defense costs incarred by MaYShal! Austin Productions, Inc. In connection with any such liability, claims or danands. '71,e indemnification abligatiaat hereunder shall survive rerminatlon or expltatlort of this Agreement. I have read the above ittderahificattoa policy a+nd the potery for stage rental attachrd acrd understand it, and agree tv comply with aU the provisions set forth thucin. I also agree to comply with the provlsiorta set faith is the l;etitsI A$xteme:nt (tenter Name' Rusty Williams Renter Signature fC/ ~~a ~ Date: ~~- 1~ ~ ~ Y Stsurtly D~osit rimormt: $500-00 tteaaQ PayR,enc gmouat. $t7s0.ao Coatraa gt Gldeipgint~n Agsement; t?ua OuC: 2!14!03 Date 1Leoeived: Date 1Jut:1!l4103 IDacc lkccivtd; l7stc tAtr. 2/14103 Due Received: P. 5 01!17/2003 10:20 30398818 MARSHALL AUSTIN POROD PAGE 02 ~a ~~~~ Contract #10119 IJ J *` ~5 t -~ ~, ~- a ~ P R O D U C T 1 Q tw ~'° 1401 S. Youngfield Ct. Lakewood, CQ 80228 Pb (303) 988-ZZ00 Fax (303) 988-18?8 Portable Siege Rental Agreement 'T'his Agreemert made this 16th day of January, 2003 between Marshall Anstn Productions, lac. (MAP) sad Eagle County Colorado (Beater). Renter Name and Address: Eagle Cannty Colorado Anthorired Contact Persons: Only the persons named below shall be authorized to baodify this Agreement or to respond to inquiries in connection with the Portable Stage Rental ABreenaer:t. Reater'z Contact Person Marshaq Austitl Contact Person Names Rusty Will~ms Name: Norm Silver . 'Title: Fair Dir~tor Title: Fntertainmen4 Director Phone: 970-328.3646 Phone: 3U3-98&Z2~ Fax: 970-32&2442 Faz:303-9$8-1878 Cell: Cell: 303-SIQ-7852 ~ If any notice is given it shall be in writing to the attention of the Contact Person id+~cthfied above ~d sliali be sent via facsimile to the fax number set forth above with receipt confuma¢ion via facslmile fi+o~m the Contact Person, by personal delivery with a written receipt or by registered ®r certified mail. Either party may designate another Contact Person in writing to the other in accordance with the above. Rents~l Date{s) and Timms in ase: 7/26/03 9p-11p Locativn(~sj: Eagle Fair & liodeo -Bull Ring Eagle, CO ;' . ~ Delivery and Pick Up Times: Delivery: 7/Z6/03 (9a) Pickup 7!2?/03 (9a) Onsite Contact Name: Rusty Wipiams Type of Use: Lire entertainment Sales Tea: da rm ~vtal Rental Pri 17 ~ o Payment Terms for Rental: 51,7$0.00 payable to ivtarQlsaau Aastia Produetians, ><nG by 2!14/03 'Payment Toms for Secarity Deposit: $500.00 payable to MarubaU Austin Prodnctions, Inc. l-y 2/14/03 ~ ~ i/ ~~ ~ ~'I .r 01!17/2003 10:20 3039888 MARSHALL AUSTIN~OD Page 2 of 4 of STAGE RENTAL AGREEMEN'T' contract # 10 i 19 Contract and Indemnification Agreement to be Signed sad Returned i)ys x/14/03 PAGE 03 Seearity iDelrosit and Fees A secraity deposit of $300 is required. The deposit will be retained b3' MAP in the event there is damage tt, lire stage or any cancellation fee is due and unpaid. MAP representatives will have ten (10) busuness days following the event to comas the Renter and iuoform them of any reason fall or partial retetrtion of the ser;urity deposit should occur. if any Rental property is damaged, destroyed, lost, seized or is otherwise unavailable for tetuttt, the Renter shall pay the fair market replacement charge for such items and the rental fee incurred. If airy payment is not paid on the dates set forth shave, MAP shall have the right m immediately disco~nktr the ; ; rental sad regain possession of the stage without Rather notice or an opportunity for sure anti shall be entities td retain all payments previously made as liquidated damages. All amoums unpaid for longerthan thirty (30) days shall bear interest from me due date at the raft of I.5% per month (18%APR). MAP shall be entitled to collect its attoraeys fees and costs in the event it deterntirtes to take legal action to collect arty u~apaid arriaunt. Delivery, Setnp and Retnaval ofPortable Staae MAP representatives will deliver, setup and remove the. portable stage at specified threes for a cost quoted in the payment terms. If it is necessary to move the portable stage at any time during the rental, additional cosh may be incurred. Except for emergeacy'circumstances, at ao time will the Renter !move, rennove, recanfrgure, adjust, or alter the portable stage ~vvithout the prior consent of MAP personnel. Upon delfvery said setup of the portable stage, the Renter shall have control of the use of the portable stage and shall be responsible !for iasnring the safety of the users of ~e portable stage and aU persons in the area of the portable stage. The Reuter shall be respcrosrble for discominuing the use of the stage where conditions reader the continued use of the stags unsafe. The portable stage is not a public accommodation whit the meaning of the Americans With Disabilities Act ("ADA'~. lfthe Renter intends to use the portable stage at a public accommodation it is the Renter's responsibility to Insure compliance with the ADA. Proof of Insurance and Iademnitlcation A certificate of general Uabiliry insurance with a minimum coverage of $500,000, issued by an Insurer and ire a fast acceptable to MAl' is required. Renter will Warne MAP as additional insured on their general liability insuradtee during the term of this agreemenk It is the Renter's responsibility tv provide adequate personal liability. payanent of any sad all deductibles is the responsibility of the Renter. I Chan>tes to Event IYie Renter agrees that any attentions, additions, substitutions or changes made to the rentaul agreeiaem mdy i>i~ase the flans necessary for MAP to perform its obligations and they necessitate additional expetiditures to comtplem performance. Iii the event the Renter rttlursts a change, the Renter shall notify MAP's Contact Person and $ wrltteia addendum to ffiis Agreement shall be prepared to set forth the agreement of the parties with respect to the Changes and the additional payment, payment terms and insurance requirements. RdaNonship of the Parties The parties agree that MAP is an Independent Contractor of the Renter and that no agency, employmem, joint venture or par4mership relationship is created by this Agreement. til/17l2tib3 1l~:20 ~E1~yti81878 ML~k~HliLL GiU~I"1N wkUU f='AGE 04 .~ Page 3 of 4 of STAGE RirNTAI. AGREEMENT contracts 10119 . ~. ~ , Cancetlatlon This Agreement may be canceled without liability by mutual agreement of the parties at any time.. Ifthe R~l~nter ' cancels in full the services and Items which are the subject of the Agreement. MAP shall be entitled to retains a'll amounts paid through the date of cancellation as liquidated damages. if a notice of cnncelh~tion is not recdived by MAP at least 30 business days prior to the first rental date. the full agreed rental price will be due and payablt as set . foxth is payment terms. 'The time spent by MAP to discontinue pending arrangements as a result of the eattaellationl shall be billed to the client at the rate of $65.00 per hour. The Renter shall also pay atry remaining expenses, deposits or payments of any loud that continue to be due to third parties after such eancelladon. Excuse of Boatel Futiillment The Renter acknowledges and agrees that the performance of the duties and services and delivery of supplies is subject to acts of 4od, political, governmental or labor interference, natural or mah nmade disasters and other causes beyond the control of MAP that make it illegal or commercially impossible for the event to beheld and the services comemplated hereunder to be rendered. In such event the obligations of MAP hereunder shall be excused, the Renter shall bear the risk of cancellation duo to inclement weather and shalt bear all expenses of such cancellation. MAP shall not be liable under any circumstances for any Indirect or corrsequeotial damages as a result of ar-y breech or failure to pet'fornt under this Agreement. Acknowletigmea>t . Both Beater and MAP acknowledge and confirm that they have read and approved the terms and couditlans set forth, in this A$teemerrt ;, ` Renter Name (please print) ~~~ Renter Signature Marshall Austin Productions, ir1c. Signature ..~~-v~ Dace Date Stage SpecYScatians 24 ft x 16 ft. portable stage w/ two 4x4 sound wings ~leetrlcal Reanlrements I'he electrical service panel includes a master shut off switch as well as circuit breakers, power outlets The panel bas a Zz0 voli/s0 amp lead . The Renter agrees to provide a GOkvv genteratoc and paver source bookap to the gear of the stage. 01/17/2003 10:20 3039888 MARSHALL AUSTIN~OD PAGE 05 .Page 4 of 4 of STAGE RENTAL AGREEMENT contract1t10119 Portable Stage Rental Indemnification Agreeme>at Eagle County Colorado agrees to indemnify and hold harmless Marshall Austin Productions, Inc., its officers, employees, representatives, sad insurers, from and against elI liability, claims and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily damage, or arty o#her loss of any hind whatsoever, which arise out of or are its any wanner connected with this agreemem, if such htjury, loss, or damage is caused in whole or iri pact by, or is claltned to be caused in whale or in part by, the act, omission, error, professional error, mistglce, negligence, or other fault of $agle County Colorado or any offccer, employee, representative, or agent of Eagle Colmry Colorado or of any employes of Eagle Coutlty Colorado agrees to investigate, handle, `' respond to, sad to provide defense fot and defend against, any each liability, claims or demands at the sole"axpsn~e of Eagle County Colorado or at the option of Marshall Austkt Productions, Inc. agrees to pay 1dlarshall Austin Productions, Inc.. yr Peurtbwtse same for the defense costs incurnd by Marshall Austin Productions, inc. fn couinection with any such IfabWty, claims or demands. The indemnification obligation hereuunder shall stlr~~ve ` termination or expiradon of this Agreement. I have read the above indemnification policy and the policy far stage rectal attached and understand it, and agree to comply with aU the provisions set forth therein. I also agree to comply with the provisions sat forth iat the Re~ptal Agttiemeat. Renter Name: Rasty Williams Remor Signature l~ ~, Date: l l7 ~ ~ Scctuiry Dtposit Aa-oont: $500.00 Rectal Arnaunr. 51750.00 Comm do lnderaaitlcatioa Ageement: Date Dae: 2/14J03 Date Reeeived: Date Due: 2/14/03 1'7ste Rec~~; Date lh-c: 2/14!03 Date Re~eivad: 01/17/2003 10:20 3039881 iNt~fZSHA!_L +4lJSTIN~D PAGE 06 *~\ ~ CONT1tACT: # 101 ~tl 1 ~....... , : +.... ~bl~ V R O D U C T l O N S 1401 S YOUNGFIELD CT• IAKEWOOD, CO 80228 (303) 988-T100 • PAX (303) 988-1878 • www.marshellausUru.ccm ENGAGEMENT AGREEMENT t. This Ag~rtxmatt made this f6 day of January 2003 between Roy Mertik herein re[erred ifl as Leader provtdtng tbt services tyltht Frttatairlment Aet uad« u,< name of Sottthcro Coeeefort Hand de Sound Prpdttctiogapd t.agic County Colorado herein retested W as °Pttrsleasa°, sad Marshall Ausdtr Erttertainmanu. ls+c. i"MAE`). 2. 1~AME AND ADDRESS OF ENGAGEMEM' Eagle County Fairgrtwnds , CO 3. ~A'fp:SS OF ENGAGEMENT 7/2firZ003. s. Ii0(iR5 AND DAYS OF ENGAiG Satur ay; 9p-t 1 p :. TYPE OF lr,.'NGACIEMENT (REQUIREMENTS) rt arrer: g eomptxition F. AGl!tEtiD PRICE FOR ENGAGEMENT 53,750. 7. PCIRCKASER WILL MAKE PAYMENTS FOL _ _ pay a m Austen y ~.. a. O 5E The loadu cad Purchaser hereby eckaowletige than MAE bas W o•idad iha tdent booking tervicee fix ties above•deswibed Fagan Agreeeteut. 'the tgider and 1!uretrtsa itcrttt, atrea stmt they will not crow irsea nay fottirer booldag, eastrut, or fueber rrttgrgeeseat belsveea Ueanaalra, eacept the aenvicar of blAE„ sad dary' sladl trot welt ro dircNlg, ~ s~r(~t1y. w throorA the the essay detriee w irtnanediuy, tirertmVQJIt, hbtdcr, or liastrare L10iLH is ib role Os 6ookbtg agent ;. ' 9. LEADER • INDEPENDENT CONTRACTOh A. 'Lades eaeeaes this Agremreat ss as ~ eonteaetot and risali ae all time hrw txmPlote auDervirim, dlrocNon, and coattol trued the cervices of the aNdrlah+m~mf' ' > on this anga>;emeat and uPtessly raitrvas dse ritht to emntrol the taaaaar, rnem~, and rhvrils tKUte pa~tmranter oft,atvige to foJ9U the ea>aoleegiwen+agr. B. Lads exaaros this ogtaweeat a as ittdepdstdep4 eeaetrotpr, runt a ten employee of the osn+eiwv or MAE. Reapatetd6rlaty tar sjtpropriata psyment of payroll taxer. mad charlras alder epplieebde ibderal and IoW tsw will be nwraed by leader. t:. : to ehe event ptatormen ate a °tro~op• group, a4 arembets extxidr tbi! Agtammd as aatist, tiaipsaittg tens membe-aa the iesular foi' the! eoatxtlon oifiradl tar the a•ew• 1a web. esreat, each group eaasber agrees ro take eearplate eespoasibitiry fw psyiag rho appropriate fadwal tad else tun as m irrdepeerkat eoanactm. tad m aPpropeiatay reptya paymatu for tent puryesee. 10. SPECIAL PROVISIONS A. 7Us rrxmding, repi0dac1i01r. erd'eA3ad39ieA of perl'omaaece ii taobl'bited absent written ceasent Otlegder. - t). Leads tssd pwaemni tupptied by latkr may be membaca of a ureier Or guild. ie ands e•enR ladet sad ptxtomml agree W be aoldy rapatstble for gtsapiyittg wdtb Mlr~r eras . regUlatiOea of such aaioa m guild,lttAE roeke3 a0 rapreseataeioa thus Irrader rt persoaael are atFitiaeod wieb ray IteiOa 4r gtdld. C. 'fbe has of ttm state of Colorado and the eti+rrta and arthotitiea of rite Seas of Colorado trhrU govaa sad have juriadictloo over ril eattrovetslq s•lticb +eay arise wigs respt~ct so the entaceeamt of rU ripsa wader this egreemmtt, incuding those of MAB. the partial hereby expaeraly waiving nay aeher veAae ro which tbsy toigkt !w astided by vimec of ' do~slcile w othorsvise. Ywclraga sad Calder hereby agree sad ceasent to bt eubject ro the jwlsdiuioa otamlt courts and nay adsr drat may be iwutd by such cWrRS in retcrassp tD drat Fagagemmt Agmment. t f. AGENT PROwLSION A. trades uM parehrsR aekaowledge dds eootraet is betproe'n Leader sad Pweheser and Uses MAB slab mrt be 4rble Cot debah of purchaser w the ddaah of sous-pvfwm, acv ..i ' Ltadcr. 0'. ~ Ualw oeberwise ~ti8ed, eagsgemgtt price includes ~ aCeats eomntiasioa payable ro MAE. a a fixed amou>H o> 9t Per week sad Wall bo bdd fo stun as a ftduti:ev b~ Lesdet for ddivety ro MAI;. header agrees eosresissirrns are due end outing to MAt3's ratdrgs a the eed of cash w'aeh. saA iiaot pdd within 7 drtyr afdne due: t. they shell be etauidered deliaqueat sad bear t•ll2'y. tatwas! par marttb computed >Y of tin due date, sad 2. ac eke writtelr Retreat of meat, O+waat ptttehsser it twUsorised t0 wEthltold float leadtx nay tOmmiyfjtra toed iata>xt date MAP. 1£ litigatloa is tteealury for arlkdpm.~ eaameya lees ahdl be paid by de6oot ndess lno~b+hd by applicable setae and 1ocU hut. G ' hr the event loader or key paswtaei rte re-baoited into ally establishmem opened w tronrrollcd by the parcbaser within la maatka ai aerainatapr of tb)s Agri tr!adw ark purchaser agnx to be jeiady sad SttveraUy liable !br payamrse oiewnmiaaon to agent a Urn same ran a prmridad utldar tbts Agtetasteat. l3. l-'EY PERSONNEL- Lt:adtu Roy Mtatik $a-l 152462 1.;. Coraira~great otwgaganent togrrltet with Physical drlivay otdrfa eomraa u deemed ro be r vaiAcaioa of ar etd agrt:emptt sad aOCeptinee tdt0l came by W gmtiq. , f4. aDDITIONAL PROVISIONS: l~AiE well provide Stusthetn Comfort Band and Stsund Production including auckittg, labor for std a4nd teat detrn ,~ Aaiisb will 6e. patd ~ of Sftbte. Ptltcht4tr wW ~ provide five a rooms n s stand crew. o , water an sandwitdtes crew ( u .Water Md so on at P. ~ 7. rap pr v+orauoa- Apaereas are rotes a wean q ace rtauadr~ pro+maen Nse~t tamale is tad and approved oldw terms mt oomfidoes set stack i• sbis Agreeastaa Cp°°'~'r ~ sea s-cc ~s.e Rusty Williams Putch~ser'g N e 's Signature p0 9os aso eas~e,cd at63t Teteplroree 970P,i28-B605~ D 9 ~ 8 ~' Roy IuttrrtiWMtuahait Attstite Fat s Name eYs ignature I40i S. Yaurtg[reld CL t,aktswood, CO 80228 Booking Agent a 01117/2003 11:00 3039888 MAPSHALL ~lJST'IN~OU PAGE 01 '. Page 3 of 4 of STAGE RENTAL AGREEIV,IENT contract# I OI 19 Cancellation • 'T'his Agreement may be canceled without liability by mutual agreement of the parties at any time. If the Renter cancels in full the services and items which ace the subject of the Agreement. MAP shall be entitled to retaioot all amounts paid tlurough the date of cancellation as Ilquidated damages. If a notice of cancellation is trot received by MAP at least 30 business days prior tT: the first rental date, the full agreed yenta! price ws'll be due and payable aS Set forth in payment terms. The time spent by MAP to discontinue pending arcange~nneut3 as a result of the cancellatioa shall be billed to the client at the rate of S6S.00 per hour. The Renter shall also pay any remaining expenses, deposits or payments.of any kind that continue to be due to third parties after such cancellation. Exease of Rental Fulfillment The Renter acknowledges and agrees that the performance of the duties and services mnd delivery Of supplies is subject to acts of God, poetical, governmental or labor interference, natural yr roan matte disasters and other tenses beyond the control of MAP that make it illegal or commercially impossible for the event to be held and the acrvices contemplated hereunder to be rendered. In such event the obligations of MAP hereunder shall be excused, tht Rents shall bear the risk of cancellation due to inclement weather and shall bear all eupeasres of such cancellation.' MAP shall not be liable order any circumstances for any indirect or consequential damages as a t+esult of e>Xj- breach ' ' or failure to perform under this Agreement. { Acknowledgment Both Rester and MAP acknowledge and confirm that they have read and approved the terms attcl conditions het forth in this Agreement Ranter Name (please print) ~ ~ (,rlr ~/t u..•. s ~ ~~ , .,.~s~ ~ Renter Signature Marshall Austin Productions, Inc. Signature _ 1-~ 7-d~ Date Date 24 $ ~ 16 ft. g 5ta c itYtsttions portable sta a w! two 4x4 sound wings Electrical Revuirements The electrical service panel includes a master shut off switch as well as circuit breakers. power outlets The panel has a 220 volt/50 amp lead . The Renter agrees to provide a 60kw generator and power source hookup to the rear of the stage. 1-17-2003 11.03AM FROM P. 6 81/17/2903 10:29 30398818 MARSHALL AUSTIN PAGE 06 * t * CpNT,RACT~ # 1 U 13U li 1 t v N 0 0 0 C r r O n s 1x01 S YpUNGFIEf_D CT• U4KEWOOD, CO 802?8 (303) 988•ZZ130 • PAlI (303) 88$•1879 • www.]-tatstlellt3usdn.cam ENGAGEMENT AGREEMEN? 'f[tfs ABtctttnrnt trttWt this 16 try of Janustry 2003 tle2u•Ixn Roy Mertik Rcrein refarad w to Leader proridin't7te iervreet< of tl,e I:nkKatnmegt Act vndel the „nnri OF Stndhtrn Comfort Sand 8 Strtraod FroduaiOA,aat! Fagle Ccnmh Colorado htrt'itt referred ro ss "~trrcleasee". and Msrsbal] Ausdt Ensertainment. Irc t' M 0.k") !SAME ANb A1IMRESS OF ENGAGiEMEN3' Eagle Cotuuy Fairgtpun_gs_ , Cl? UA f!<S Ot YivCACENIEiv'i' 746!1003. '~' HgliR$ ANp DAYS OF >¢r1GAG Saturday; 9p-! lp TYPE OF ENGAGEItilY.tV7 (REQl1IIt£NA8N17S} rt snot R- K corapetiGoa AG,REBD I'AICE iOA ENt;wGlE1o11t;ty* 53,7$V.QO - PVRCNASER WILL. MAKE I'AYAYE:yTS AS p aav n ~ _ m_ e v ~t a. s The !,sneer and Pwchata inrsby uknowlsdec that MAE Gas provided dte Went booking ierviesa far eha abavs•dsrwiibad Fafprab~gnant Agrcctnwr. 'r7,e txsdt• aed Purc)gye, t,,;,sb. melee that -hry wiq not RtNr uao say itertliss booking txakxey or furtber ^nadaorert beMrrtt tlrerarelwr, bceagt d+too~ ebe srrsias of MAE, std d,cy sitdT not seek So dtrectl• rnu,ecuy, yr through the xie al~y dtvioe a interraaaiary. mrctunvvrnt, ldadtr, or lissMac ItdAIE io +ts role et booking a6eert o. LE~wER - Iit1AlltP'iBtV7DENT cgNTRACTOA A. 4saasr a7tectttei Ufa Apteaneet u. a+n ittdryardent coltnaetor end riot! is all tunes have easnplste iaparvision. NtacNorr, and eooeol or!r tbs sasvKts of the rntenai„rrgpt penr~ttw:l on eeii eollsV;daent Md txprssNy tttwves tke ripest to control do tapatar, merori, trod thatits of the perfolmancs of iarviua to fbI811 the tmtettaieaerar Posta:rnn~ntl 8 uaaa sseenlas giii sattement sv sa LtdsptndsrA eonhacevr. not sm el employee of 81e pardoav a MAE. Reapatdbtlity tar appseprirta wrnteat of pay,ou tacos sod r.hmd:t under r~plicdbis fsderst sod Iocat taw vrgl be aiinmod by Nader. G In she t+rnt petfotratas arc a''eo-op" group, atl Wsmbeci txaeart flan Agttcmant ai attrt deitpilstioY tms mewber as 1Le leads for the collection of roads for the a.pnB. In sx~b everu, eneG gte..p taentber sprats tb tikn eomplute raaponsibllfty far paying the approteiate ftdtttl pfd trans taxes as an or~rdcAf conaarsor, sad to apptOpriatnv mNm psymM4 tee !MC f•aryowp - so. SPECIAL PROVISIONS a 71te raewdine, rcpradaetion. or transa,issioa er perro,m„mx n protubirca absent wOnoe eeatam at leidtr B Leaner end p4soatrol apltGse e!' lasdH may bo mrmFwra of a onion or I,wild. In sttclt Bvant. kader sad periamd sprat to bs soldr nespetrdWs to- complying wltG hdcs aoJ *atN)arrons of s4de tmioa a etud4 irtAfi toakes no relasseneation Ih$ !cadet or puiontts! ire afAUated wieb any amen a pore. C Tha bws a! dte sore d Colersdo ane tke eevrts urn wlDeatiea of Me Se,k of eolorade datl povsm and tra.e jwisdisi<tov o•sr op cvagweniss which mtry is+x wflA resp~tt ue tht teSoraetnortt of di r1rh4 undo this K+oamarn, mclud,rtr Utoae of FIA6. the yaxsies Itoeby rtpceady wowing any otlsr: •enoe to vvbieh Wry aigtd (x egriltep by • it,ta: et doadnle ar otitonv.ac 1'urclrster pfd Lesdsr hsrchy algae sad eoerstat to be tabjtel b 16o jtaisdit>tion d wslr towns and soy wdss fha! msy ho tasoed by saeb eov.es r" relctencc ro flat F.nlgtmtat Agttcrneal. l 1, r~GF1VT PROv1810N A lender anal trtarbarer xlatowbdta dtis eoopsct is berirsen Lmdar and Porcltasa and tltet MAE t1,s11 nor bs babte fen drrfiutr oyprrtakaser o+ the e<etitdt a aea.pare'vrut.~rw,,; ..r Lsadtr. 8. Unless oUtawtx rpac:Pea, enpsgemenl Or KO trrcludet ~ µronts commhaioa payable lp A1AE. of a Atttd r+tOtart of S lxr work. an0 shall bo hdd in dust as a tlauu or k• Lsaatt ror 4Wivary to ivL1E ><.asdta sptaas etawaissimts art den and owing to iNAfi's .ddrv: R the rnd d each wak, acrd H eat paid wtdem 1 days of due drtte: 1 they shat! be eoasldsred deliayrrmc and bev t-l2Ya Interost per month eomputtd ds of tlw due dais. and 2. u eke written reQtteai of agent, present pureAaser to autherrrtrl to withhold Som atader sty eammistipn aral interest duo MAE Il: lihda6M li neceissry fR [beleCliou st[areeys fees seal! tR pard by de4tor rwtt»s paoblbttcd by ipyttcxbla stars an4 Iotst tsw. C to Us cvatt Ieedpr or key psrsvnnel aft rs•booMed into say suabiiiGmsat owiud a svntrpilsd by the plurttaim wi9tin IR mttaUts of oetsDinrocT of this Arreentldlt• ltaaer ate ptaeltmer tt;ree to bt jatuty and savecayy liable for pxya,ent of eeeauidiltw t0 sitar u Bea name rare as ptovtdse wader Aria ~eeratdt I2. tiEX P4:R90NNEL- Leadtr Ztoy Mertik 84.I ISZ46Z ~. Ctrarmetoeonttat oteapigemeee to~ttter wlBt phyiial detivay vtrbi- ctalttlad [s daerned ep be a eaiflcapon o!m onl tt6ceemetrt sstd ateapfanoe o]'all Cants by et! panics. N. aDIiITIQNAtI, PROVISIONS: MIIE well ptorlde Svuthem COtnlbrt Blind and Soured prodw:tioa including dt-CkipB, Itlbol fa toetup tad teat dotaa , As6sts wiU be psnr] train t7t Shint Vttrchaae. will t! Ifa,y.,r nprv~a0+b ovAr7eaneallh reabs•wdor C. AS«mr~n~yonaeas thNlHmaroir woe Bohrco+ttrsetor rad ald iOpMt'ad'af tDotwan sod cosdidons tat firth ie this AgrerJneNl w srw ma t r, rte Rusty WrUiavts lto Mertilt/Mtvsltall Austin Ent. t'6 N e ,~a/'f tlttl8 ur a SigryfUre , ~~ ee!!~e. LeaOt's i~~'^s ~•~~ L PO eat i50 1401 S. YowlSfrcld Ct B~ Eagle. GO E1631 t,akewuou, C4 1lt~E Telcp):tntc 970/3ZE :Qb~S~- ~ 7D ~.S ,~ ~ --~ Yc.r y BC4kinE Agetst