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Home My WebLink AboutC93-038 White Water Jade and K&L ProductionsC93-38-13 AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND WHITE WATER JADE AND K & L PRODUCTIONS THIS AGREEMENT made this day of , 1993, by and between The County of Eagle, State of Color do (herein- after referred to as "County"), by and through its Board of County Commissioners; and White Water Jade (hereinafter "Artist"), by itself and through its agent, K & L Productions (hereinafter "K & L"). WHEREAS, the County is the owner of certain real property located in the County of Eagle, State of Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds"; and WHEREAS, the 1993 Eagle County Fair is scheduled to be held at the Eagle County Fairgrounds on August 4, 5, 6, 7 and 8, 1993; and WHEREAS, the County desires to engage Artist to perform at the 1993 Eagle County Fair on the evening of August 6, 1993, and Artist is willing to so perform. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: SCOPE and CONSIDERATION c�p_/�iiiJCITF_ &�i 1. Artist shall perform one 6#-mom show on August 6, 1992, beginning immediately after the final event of the P.R.C.A. Rodeo. 2. For said performance, the County shall pay Artist the sum of $3,300.00 at the end of their performance on the day of the show. Said payment shall be made in the form of a certified check in the amount of $3,300.00 payable to DALTON FULLER. 3. In the event of conflict, Artist may cancel this engagement without liability by giving the County at least thirty (30) days written notice in order to render his services in the preparation, performance, rehearsal, or other activity relating to a television series, television special, a motion picture, or a legitimate stage production, or an engagement in the state of Nevada or in Atlantic City, New Jersey. 4. The Artist's obligation to furnish the entertainment herein, and the County's liability for payment therefor, is subject to prevention by sickness, inability to perform, accident, means of transportation, act of God, fire, accident, riot, strikes, labor difficulties, epidemics and any act or order of any public authority or any cause beyond Artist's control. It is understood and agreed that there shall be no claims for damages by either party to this contract in the event of such cancellation as described in this paragraph. 5. In the case of inclement weather, the County and Artist shall jointly determine in good faith whether any such weather conditions shall render the performance impossible, hazardous or unsafe. Artist and County shall determine in good faith whether any such weather conditions shall render the performance hazardous, impossible or unsafe. 6. The Artist shall be responsible for providing all the lighting and sound necessary for Artist's performance. INSURANCE �zxa " 17 0"'�_/ V The County and the Artist shall each maintain during the term,,of this -Agreemen inst�ance in the fo�l lowing types and coverage, protecting each from claims which m%an arise out of or result from the each"respective party's operationnder this Agreement, whether such 'op\ations be by' -itself or by subcontractor or by anyone directly employed b each -respective part�j�,_or by anyone for whose acts any of them may be liable: A. Workmen's Compensation shall be carried in at least the minimum amount required by the laws and statutes of the State of Colorado, including coverage for disability, for all employees performing services under this Agreement. B. Comprehensive Motor vehicle Llapllity insurance shall be carried in the minimum amounts of $150,000/$500,000 for bodily injury, and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. MISCELLANEOUS 8. A representative of K & L shall have free access to the place of engagement covered by this contract, for purposes of communicating with the Artist and the County. "O',, Awb� 9. it is agreed that Artist signs this contract as an independent contractor and not as an employee, and he shall have control over the means and methods employed in fulfilling his obligations as stated, in all respects and details. This contract shall not in any way be construed so as to create a partnership, or any other kind of joint undertaking or venture between the Artist, the County, or K & L. 10. It is expressly understood that K & L acts herein as agent and is not responsible for any act of commission or omission on the part of either the Artist or the County except to the extent that K & L acts outside the scope of its authority. it is expressly agreed that neither the County nor the Artist shall name or join K & L as a party in any civil action or suit arising out of, in connection with, or related to any acts of commission or omission pursuant to this agreement by either the County or the Artist. 11. This agreement shall not be assigned or transferred without the written consent of the County, Artist or K & L. The validity, construction and effect of this contract shall be governed by the laws of the state of Colorado. NOTICE 12. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: ARTIST: Ken & Esther Loseke K & L Productions 310 Bannock Sterling, CO 80215 ( 3 03 ) 521-9500 Fax (303) 521-9529 COUNTY: Jackie Lacy, Special Events Coordinator c/o Eagle County Manager P.O. Box 850 Eagle, CO 81631 (303) 328-8605 Fax (303) 328-7207 3 IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date first above written. County Commissioners C\White.wtr COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY:��r�-z%5/��I,� George Gat eEr, Chairman ARTIST: Dalton Fuller (Signatory is the legal and authorized representative for White Water Jade) R 6 L PRODUCTIONS: By: /yya;L� Ken Loseke G! FAIXOJ