JACKSON COUNTY FAIRGROUNDS AND EXPOSITION PARK
P.O. BOX 3635, CENTRAL POINT, OR 97502
Phone (541) 774-8270
Fax (541) 776-7270
SHORT TERM SERVICES AGREEMENT
This SHORT TERM SERVICES AGREEMENT (“Agreement”) by and between Jackson County, acting by and through its Jackson County Fair Board (“Fair Board”), and:
Name/Organization:
hereinafter referred to as “Contractor”, for the provision of professional services at the Jackson County Fairgrounds and Exposition Park (“JCEP”) described herein below. This Agreement between the parties consists of this Short Term Services Agreement and the following Exhibits: W-9 attached hereto, which contain all of the terms and conditions of the Agreement.
SERVICES AND FEES
A. Professional Services. On the terms and conditions set forth below, the Contractor will provide the following professional services: (“Services”) at the JCEP.
B. Event, Date, and Hours of Services:
The contractor shall perform the Services at a Jackson County Expo Event named above.
C. Fees:
The contractor shall be paid a flat fee for the Services upon completion of the Services.
D. Responsibility for Taxes and Withholding. Contractor shall perform the Services required by this Agreement as an independent contractor. Contractor shall be responsible for all federal or state taxes applicable to any compensation or payments paid to Contractor under this Agreement and, unless Contractor is subject to backup withholding, County will not withhold from such compensation or payments any amount(s) to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any federal Social Security, unemployment insurance, or workers’ compensation benefits from compensation or payments paid to Contractor under this Agreement, except as a self-employed individual.
GENERAL TERMS AND CONDITIONS
A. Contractor shall be responsible to insure all personal property brought onto the JCEP or otherwise stored on the JCEP. The Fair Board and Jackson County assume no responsibility to Contractor for any property brought onto the JCEP by Contractor, or for any loss incurred by Contractor as the result of any injury or damage to persons or property sustained during or by reason of the Services provided by Contractor under this Agreement, it being understood that Contractor accepts the JCEP as-is and based upon Contractor’s own inspection of the JCEP as to its condition and safety.
B. Contractor shall comply with all use policies, rules and regulations of the Fair Board and JCEP for management of the JCEP. If the attention of Contractor is called to any violation on the part of Contractor or any person admitted to the JCEP by Contractor or any invitee of Contractor, Contractor shall immediately take such action as is reasonable with Contractor’s power to cause the violator to desist from and correct the violation. The Fair Board does not relinquish its right to enforce rules, regulations and its use policies for the operation of the JCEP and for that purpose may enter the JCEP at any time. The Fair Board reserves the right to eject from the JCEP or refuse entry to the JCEP any person whose conduct or violation of its use policies and/or the JCEP’s rules and regulations render such person subject to being ejected or barred, and for the exercise of this authority, Contractor waives any right for claim against the Fair Board, Jackson County, and its elected officials, officers, employees, agents and volunteers.
C. No alcohol is allowed in any building or on the grounds of the JCEP, including the parking areas, without the express written consent of the Fair Board.
D. No marijuana or ingestible hemp items are allowed in any building or on the grounds of JCEP, including the parking area. “Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts. “Ingestible hemp items” including but not limited to any hemp products or by products that can be ingested or smoked. Tobacco items, including, but not limited to, cigarettes, cigars, pipes, chew snuff, electronic cigarettes and smokeless tobacco, cannot be used within any facility on the grounds at JCEP.
E. Neither Contractor, nor any employee, agents, subcontractor or invitee of Contractor shall camp on the JCEP, including in temporary rental buildings or trailers utilized by Contractor or its employees, agents, subcontractors or invitees for the Services, except with a valid, unexpired and unrevoked permit issued by the Fair Board and in an area designated for camping. Further, no person shall enter or remain on the JCEP during the period after the daily closing time and before the daily opening time, as established by the Fair Board and posted at the entrance to the JCEP office.
F. Contractor shall conform to all applicable laws, statutes, regulations, ordinances, rulings and licensing requirements of any public authority relating to the Services to be provided under this Agreement.
G. The Fair Board reserves the right to establish and collect fees for parking during any event held at JCEP. Contractor will be assigned designated parking areas for authorized participants at no extra charge.
H. Contractor shall indemnify, hold harmless, and defend, the Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers from and against any and all claims, suits, actions, losses, damages, liabilities, costs or expenses (including reasonable attorney fees and costs, whether or not incurred in litigation) on account of personal injury, death or damage to or loss of property or profits resulting from or arising out of, in whole or in part, any act, omission, negligence, fault, threat to safety of person or property at the JCEP, or violation of law or ordinance by Contractor or any person entering the JCEP with the implied or express permission or invitation of Contractor. For purposes of this section, Contractor’s obligations include, but is not limited to, acts, omissions or negligence of Contractor, its members, officers, employees, agents, independent contractors, invitees or other participants. Neither Contractor nor any claims representative or attorney engaged by Contractor shall defend the claim in the name of the Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers without first receiving from Jackson County Counsel, in a form and manner determined appropriate by the Jackson County Counsel, authority to act as legal counsel for the Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers, nor shall Contractor settle any claim on behalf of the Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers without the approval of Jackson County. The Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers shall have no liability to Contractor or its members, employees, agents, independent contractors, participants, exhibitors or invitees for any injury, loss, or damage caused by third parties or by any condition of the JCEP, except to the extent solely caused by the Fair Board’s gross negligence.
I. The Fair Board reserves the right to terminate this Agreement without notice if:
1. Contractor fails to appear at least 60 minutes prior to the time that performance of the Services is scheduled to begin.
2. Contractor has misrepresented itself through inaccurate information received by the Fair Board on which this Agreement is based.
3. Contractor fails to comply with all applicable federal and state laws, statutes, regulations, ordinances, administrative rules, and all use policies, rules and regulations of the Fair Board and the JCEP.
4. The Fair Board determines in good faith that termination is in the best interest of the public.
J. Force Majeure. A “Force Majeure Occurrence” is an occurrence that a party cannot reasonably control, including but not limited to (a) acts of God; (b) flood, fire (including wildfire and/or wildfire smoke), earthquake or explosion; (c) war (whether war is declared or not), invasion, hostilities, terrorist threats or acts, riot or other civil unrest; (d) government order, action or law; (e) actions, embargoes or blockades in effect on or after the date of this contract; (f) national, regional, or local emergency, including epidemic or pandemic; or (g) strikes, labor stoppages or slowdowns or other industrial disturbances. If JCEP cannot perform its obligations under this Agreement because of a Force Majeure Occurrence, JCEP may terminate this Agreement upon written notice to Permittee and shall give Permittee a refund of any amounts previously paid by Permittee to JCEP under this Agreement, and Permittee and JCEP agree that neither party shall have any further obligations under this Agreement. If Permittee has used and occupied the Property prior to such termination, Permittee shall pay for the use of the Property up to the time of such termination.
K. Contractor shall not be entitled to cancel or otherwise terminate this Agreement without the express written consent of the Manager of JCEP. The Fair Board may cancel this Agreement upon 30 days’ written notice to Contractor.
L. Any decision affecting any matter not herein expressly provided for in this Agreement shall rest solely within the discretion of the Fair Board and the Manager of JCEP, as applicable.
M. In case a suit or action is instituted by either party hereto arising out of this Agreement, the prevailing party in such litigation, including any appeal, shall be entitled, in addition to costs and disbursements provided by statute, to reasonable attorney fees as determined by the court on trial or appeal.
N. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended, in any manner whatsoever, except by written instrument signed by the parties.
O. Contractor shall not assign or transfer any of its interest in this Agreement without the written consent of the Manager of JCEP. In the event that consent is granted for an assignment, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and the respective assigns.
P. This Agreement shall be governed and construed in accordance with the law of the State of Oregon without resort to any jurisdiction’s conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, “the claim”) between the Fair Board and the Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts.
Q. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision to be held invalid.
R. The failure of the Fair Board to enforce any provision of this Agreement shall not constitute a waiver by the Fair Board of that or any other provision.
S. Entire Agreement; Integration Clause. This Agreement sets forth the entire agreement and understandings of the parties with respect to the subject matter hereof, and this Agreement supersedes and nullifies all prior and contemporaneous agreements made between the parties hereto, whether oral or written.
CONTRACTOR, BY THE SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE BELOW, HEREBY ACKNOWLEDGES THAT THE CONTRACTOR HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
JACKSON COUNTY FAIR BOARD:
By: Derek Cole
Title: Entertainment Buyer, as authorized
by the Jackson County Fair Board
