HomeMy WebLinkAboutC11-119 Troy Lerwill AGREEMENT BETWEEN EAGLE COUNTY AND TROY LERWILL FOR THE
BARRELMAN SPECIALTY ACT AT THE 2011 EAGLE COUNTY FAIR AND RODEO
THIS AGREEMENT is dated as of the 02`f day of 2011, by and
between Eagle County, Colorado, a body corporate and politic, acting by and through its
Board of County Commissioners (hereinafter called "County "), and Troy Lerwill
(hereinafter called "Contractor ").
County and Contractor, in consideration of the mutual covenants set forth, agree as
follows:
ARTICLE 1 - WORK
Contractor shall complete all work as specified or indicated in this Agreement ( "Work ").
The Work is generally described as the provision of entertainment for the 2011 Eagle
County Fair and Rodeo, more specifically described as the Barrelman Specialty Act,
from Wednesday, July 27, 2011 through Saturday, July 30, 2011.
ARTICLE 2 - COUNTY'S REPRESENTATIVE
This Contract is under the authority of the Eagle County Fair & Rodeo, the Director of
which, or his designee, shall be County's liaison with Contractor with respect to the
performance of the Work.
ARTICLE 3 - CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with the
Contract Documents on or July 30, 2011.
3.2 Contractor agrees to provide Barrel man and specialty act for the 2011 Eagle
County Fair & Rodeo for the following dates:
July 27, 2011 PRCA 8:00 pm
July 28, 2011 PRCA 8:00 pm
July 29, 2011 PRCA 8:00 pm
July 30, 2011 PRCA 8:00 pm
3.3 County may terminate this Agreement at any time and for any reason or no
reason upon written notice to Contractor specifying the date of termination, and
all rights of Contractor and obligations of County, except for payment of accrued
but unpaid fees and expenses, shall terminate immediately.
ARTICLE 4 - CONTRACT PRICE
4.1 The County shall pay Contractor Two Thousand Two Hundred Dollars ($2,200)
for each performance, which shall equal a sum total of Eight Thousand Eight
Hundred Dollars ($8,800) if all performances are completed in accordance with
the terms of this agreement. Payment shall be made in full after the last
performance on Saturday, July 30, 2011.
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4.2 The County will also provide contractor with hotel accommodations at the Fair &
Rodeo host hotel for the evenings of July 27th through July 30, 2011. County
will arrange Contractor's hotel accommodations and will pay the nightly rate
associated with said hotel accommodations. However, County shall not be held
responsible for any additional charges incurred by Contractor orany damage
done by Contractor or its employees, agents or invitees during Contractor's stay
at the County arranged hotel.
4.3 Pursuant to the provisions §24 -91- 103.6, C.R.S., and notwithstanding anything
to the contrary contained elsewhere in the Contract Documents, no change
order or other form of order or directive by County, and no amendment to this
Agreement, requiring additional compensable work to be performed which work
causes the aggregate amount payable under the Agreement to exceed the
amount appropriated for the original Agreement, shall be of any force or effect
unless accompanied by a written assurance by County that lawful
appropriations to cover the costs of the additional work have been made or
unless such work is covered under a remedy- granting provision in the
Agreement.
4.4 The Board of County Commissioners for Eagle County is a governmental entity.
All obligations beyond the current fiscal year are subject to funds being
budgeted and appropriated.
ARTICLE 5 - Contractor's REPRESENTATIONS
In order to induce County to enter into this Agreement Contractor makes the following
representations:
5.1 Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions, and federal, state, and
local laws, ordinances, rules and regulations that in any manner may affect
cost, progress, or performance of the Work.
5.2 Contractor has given County written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by County is acceptable to Contractor.
5.3 In performing the work under this Agreement, the Contractor acts as an
independent contractor and not an employee of Eagle County. Contractor is
solely responsible for necessary and adequate worker's compensation
insurance, general liability, personal injury and property damage insurance. The
Contractor, as an independent contractor, is obligated to pay federal and state
income tax on moneys earned. The personnel employed by the Contractor are
not and shall not become employees, agents or servants of the County because
of the performance of any work by this Agreement.
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5.4 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 by reason of or in connection with,
directly or indirectly, the performance of the Services and /or any act or omission
of Contractor, including employees, subcontractors and agents, whether or not
acting within the scope of their employment or agency.
ARTICLE 6- CONTRACT DOCUMENTS
The parties acknowledge and agree that there are no other contract documents other
than this Agreement, that this Agreement comprises the entire agreement between the
parties and that the Agreement may only be altered, amended, or repealed by an
executed written amendment to this Agreement.
ARTICLE 7- MISCELLANEOUS
7.1 No assignment by a party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically, but without limitation, moneys
that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
7.2 County and Contractor each binds himself, his partners, successors, assigns
and legal representatives to the other party hereto, in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
7.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto
regarding the interpretation of this Agreement, or the obligations, duties or
rights of the parties hereunder, or if suit otherwise is brought to recover
damages for breach of this Agreement, or an action be brought for injunction or
specific performance, then and in such events, the prevailing party shall recover
all reasonable costs incurred with regard to such litigation, including reasonable
attorney's fees.
7.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State
of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising
under, or in connection with this Agreement shall be exclusive in Eagle County,
Colorado.
7.5 INTEGRATION: This Agreement supersedes all previous communications,
negotiations and /or contracts between the respective parties hereto, either
verbal or written, and the same not expressly contained herein are hereby
withdrawn and annulled. This is an integrated agreement and there are no
representations about any of the subject matter hereof except as expressly set
forth in the Contract Documents.
7.6 Prohibitions on Public Contract for Services.
7.6.1 Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work
under this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under the public
contract for services.
7.6.2 Contractor has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under this Contract
through participation in the E- verify Program or Department Program, as
administered by the United States Department of Homeland Security.
Information on applying for the E- verify program can be found at:
http:// www .dhs.gov /xprevprot/programs /qc 1185221678150.shtm
7.6.3 The Contractor shall not use either the E- verify program or other
Department Program procedures to undertake pre - employment screening
of job applicants while the public contract for services is being performed.
7.6.4 If the Contractor obtains actual knowledge that a subcontractor performing
work under the public contract for services knowingly employs or contracts
with an illegal alien, the Contractor /Consultant shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (i)
of the paragraph (D) the subcontractor does not stop employing or
contracting with the illegal alien; except that the Contractor shall not
terminate the contract with the subcontractor if during such three
days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an
illegal alien.
7.6.5 The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an
investigation that the department is undertaking pursuant to its authority
established in C.R.S. § 8- 17.5- 102(5).
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7.6.6 If a Contractor violates these prohibitions, the County may terminate the
contract for a breach of the contract. If the contract is so terminated
specifically for a breach of this provision of this Contract, the Contractor
shall be liable for actual and consequential damages to the County as
required by law.
7.6.7 The County will notify the office of the Colorado Secretary of State if
Contractor violates this provision of this Contract and the County
terminates the Contract for such breach.
7.8 NOTICE: Any notice and all written communications required under this
Agreement shall be (i) personally delivered, (ii) mailed in the United States
mails, first class postage prepaid, or (iii) transmitted by facsimile machine
together with a hard copy conveyed by delivery or mail, to the appropriate party
at the following addresses:
To Contractor: Troy Lerwill
36 West Utah Ave.
Payson, UT 84651
(801) 592 -2185
Email:troy @thewildchild.net
To County:
Brad Higgins
Fair and Rodeo Manager
Eagle County
P.O. Box 250
Eagle, CO 81631
Telephone: 970 - 328 -3646
Fax: 970 - 328 -3546
Mailed notices will be deemed given three business days after the date of
deposit in a regular depository of the United States Postal Service, and FAX
notices will be deemed given upon transmission, if during business hours, or
the next business day. Either party can change its address for notice by notice
to the other in accordance with this paragraph.
7.9 County may terminate this Agreement at any time and for any reason or no
reason upon written notice to Contractor specifying the date of termination, which date
shall be not less than ten (10) days from the date of the notice, and all rights of
Contractor and obligations of County, except for payment of accrued but unpaid fees
and expenses, shall terminate immediately.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on
the date first above written.
"County ":
COUNTY OF EAGLE, STATE OF
COLORADO, by and through the designee
of the BOARD OF COUNTY
COMMISSIONERS
B i.��
Keith Montag,
Eagle County Manag - r
"Contractor" Troy Lerwill.
/
By: /..,_% _
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STATE OF `/I
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COUNTY OF ut-i -4, L )
The foregoing instrument was acknowledged before me by l V1H Lt vw i I( , this 2 day
of k - itn , 2011. l(
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commission expires: 2 - - 7' 13 a..�
J / � , � r �"' .,f MELISSA N TANofU
UTAH
+� t'`' NOTARY PUBLIC •STATE of U
Nota Public t i „, I d ! COMMISSION NO. 577426
V ” * COMM. EXP. 02 -07 -2013
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