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HomeMy WebLinkAboutC80-028 Eagle County TrashAGREEMENT BETWEEN 0 THE COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE COUNTY TRASH EAGLE COUNTY SANITARY LANDFILL - USE THEREOF BY PARTIES OTHER THAN THE COUNTY DURING THOSE TIMES WHEN THE LANDFILL IS CLOSED TO THE GENERAL PUBLIC THIS AGREEMENT, made and entered into this 8th day of December , 19 80, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "party of the first part" or "first party", and Eagle County Trash hereinafter referred to as the "party of the second part" or "second party." . WITNESSETH: WHEREAS, the party of the first part has entered into a lease agreement with the United States Department of the Interior, Bureau of Land Management, for the lease of the following described lands to be used for a County Sanitary Landfill, hereinafter referred to as the "County Landfill": Sixth Principal Meridian, Colorado, T.4 S., R.83W. Section 10: S 2SE 4NE4, S 2S M,-NE4, NW4SW 4SW4NE4, N ZSE4SE 4NW 4 S ZNE4SE4NTrT4, NW4NE4SE 4NW 4, S 2SE4NE 4NW4, N kNNE4SE4 Section 11: S ZSW4NW4, N 2N 2NASW4 containing 90 acres, more or less; and WHEREAS, the party of the first party has the legal authority pursuant to Sections 30-20-101 et seg., 30-28-101 and 30-28-107, respectively, C.R.S. 1973, as amended, to maintain and operate a County.Sanitary Landfill for purposes as may be prescribed by the first party; to promulgate and administer w rules and regulations for the operation and maintenance of a County Sanitary Landfill; and to enter into agreements in relation to the property and concerns necessary to the exercise of the County's corporate or administrative powers; and WHEREAS, due to the increased expense of maintaining and operating the County landfill on weeket,us, i.e. Saturdays and Sundays, the party of the first part has determined to close the County landfill on weekends to the general public and persons and/or entities other than employees, servants or agents of the party of the first part; and WHEREAS, the party of the second party desires to enter into an agreement with the party of the first part for use of the County landfill in dumping and otherwise disposing of its waste and garbage during the weekends when the County landfill is normally closed; and WHEREAS, the party of the second part has satisfactorily shown to the party of first part a demonstrated need to have access to the County landfill on weekends and has shown adequate and sufficient financial responsibility for its actions relative to such use of the County landfill; and WHEREAS, the party of the first part is willing to enter into such an agreement subject to the terms and conditions set forth hereinbelow. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto do hereby agree as follows: SECTION ONE USE OF THE COUNTY LANDFILL The party of the second part is granted the non- exclusive use, in common with others similarly authorized, of -2- a ■ the County landfill. Such use shall be solely for the purpose of providing the second party access to the County landfill during respective Saturdays and Sundays when the County landfill is normally closed in order for the second party to dump and other- wise dispose of its refuse, waste 'and/or garbage recently collected and of which the second party has 'a demonstrated need to forthwith dispose of same in the interest of the health, safety and welfare of the populace of Eagle County. Such use specifically '!excludes the use of equipment, improvements or facilities located at the County landfill. , SECTION TWO HOURS OF OPERATION The party of the second part shall only use the County landfill pursuant to this agreement during the following times: Saturday 12:00 P.M. - 5:00 P.M. Sunday 8:00 A.M. - 5:00 P.M. SECTION THREE GENERAL TERMS AND CONDITIONS a. The party of the second part hereby agrees that .w,.- it shall abide by all provisions, terms, conditions and covenants of that certain lease agreement between the Board of County Commissioners, Eagle County, Colorado, and the Bureau of Land Management dated August 1, 1978, relative to the County'landfill and any and all revisions, amendments or modifications to said lease agreement that have been adopted prior to the execution of this Agreement and/or may be adopted subsequent to the execution of this Agreement; said lease agreement and any -3- amendments thereto are hereby incorporated herein by this reference and are as fully a part of this agreement as if fully set forth herein. The second party hereby acknowledges receipt of said lease agreement and represents that it has thoroughly read the provisions contained therein and fully understands the content of same. b. The party of the second part hereby agrees that it will comply with any and all applicable Federal and State laws and any and all rules and regulations promulgated thereto; and any and all rules and regulations adopted by the County relative to the operation, maintenance and method of disposal or dumping of trash, refuse or garbage at the County landfill. C. The party of the second part hereby agrees that it shall not dump or otherwise dispose of any hazardous waste material, of any kind whatsoever, at the County landfill, as the same is defined by Federal, State or County law. SECTION FOUR PAYMENT OF FEES On each respective Monday immediately succeeding the respective Saturday and/or Sunday whereby the second party disposed of its refuse at the County landfill, the party of the second party shall remit to the County landfill supervisor or his designated representative, a verified itemized list of the number of loads of refuse dumped and the quantity of such dumped refuse and, in addition, shall concurrently remit the appropriate fees with respect thereto in accordance with the fee schedule duly adopted by the first party. 9 -4- SECTION FT y'F DUTIES OF FIRST PARTY M The party of the first part shall maintain a security system in order to protect the populace of Eagle County and the County landfill from unauthorized, hazardous and unsafe use of the County landfill. The first party shall determine the appropriate security system to be used at the County,landfill which may include, among other things, a combination lock or lock with keys on the entrance gate to the County landfill. The first party will use its best efforts in communicating the combination and/or distributing keys to such lock to the party of the second part. SECTION SIX DUTIES OF SECOND PARTY The party of the second part hereby agrees that it shall forthwith close the entrance gate immediately after it has entered and immediately after it has departed from the County landfill area. It shall be the responsibility and duty of the second party to communicate the combination or to distribute the keys to the entrance gate at the County landfill only to its employees duly authorized to use the County landfill pursuant to this agreement and to use its best efforts in safeguarding the communication of such combination or in distributing such keys to persons not authorized to t-tse the County landfill. In the event that an employee of the second party who had been authorized to use the County landfill leaves the employ of the second party or, in the event, that the second party becomes aware that unauthorized persons have access to a key or knows the combination to the entrance gate at the County landfill, J M the second party shall forthwith submit such information to the first party, who may, at it's discretion, change such security system. SECTION SEVEN :I,o The party of the second part shall duly execute, deliver to and file with the party of the first part prior to the disposal of its refuse under the terms of this agreement, a good and sufficient performance bond in an amount of fifteen thousand dollars ($ 15,000.00) in a form satisfactory to the County Attorney. Such bond shall be executed by a qualified corporate surety, conditioned upon the faithful performance of the terms of this agreement. SECTION EIGHT LIABILITY FOR DAMAGES The party of the second part agrees to indemnify and hold harmless the party of the first part, its officers, employees and agents, against any and all liability whatsoever on account of claims or suits growing out of injuries to persons, including death, or damage to property caused by the second party, its employees, servants and agents, or in any way attributable to the performance of the provisions of this agreement by the second party. In the event the liability of the second party shall arise by reason of the sole negligence of the first party and/or the sole negligence of the first party's officers, employees or agents, then and only then shall the second party not be liable under the provisions of this Section. SECTION NINE INSURANCE 01 The party of the second part shall not dispose or dump its refuse under this agreement until it has obtained the following insurance in sufficient amounts as approved by the party of the first part. 1) Workman's Compensation Insurance for all of second party's employees using the county landfill pursuant to this agreement; and 2) Public liability and property damage insurance to protect the second party and all of its employees from claims for damages for personal injury, accidental death and damage to property. The party of the first part shall be furnished upon written request with copies of all insurance policies obtained by the second party in compliance with this requirement. The second party agrees to notify the first party in writing as to any amendment to or cancellation of such policies SECTION TEN TERMINATION Unless sooner terminated as provided for herein, this agreement shall be effective immediately and shall terminate December 31, 1981. Notwithstanding the foregoing provision, either party hereto shall have the right to terminate this agreement, with or without cause, upon thirty (30) days' advance written notice by either party to the other. Notice shall be deemed to have been given upon the mailing of said notice by United States mails, postage prepaid, certified return receipt requested, and addressed to the other party at its respective address as shall appear herein. -7- SECTION ELEVEN ■ EMPLOYER -INDEPENDENT CONTRACTOR RELATIONSHIP The parties of this agreement intend that the relation- ship between them contemplated by this agreement is that of employer -independent contractor. No agent, employcp or servant of the second party shall be or shall be deemed to be an employee, agent or servant of the second party. The second party will be solely and entirely responsible for its acts and the acts of its agents, employees, and servants during the performance of this agreement. SECTION TWELVE ADDITIONAL CONDITIONS 1) The laws of the State of Colorado and/or applicable laws of the United States and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this agreement. Any covenant, condition or provision herein contained that is held to be invalid by a court of competent jurisdiction shall be considered deleted from this contract, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the respective parties hereto and the respective rights and obligations contained in. the valid covenants, conditions or provisions of this agreement. 2) Financial obligations of the first party payable after the current fiscal year are contingent upon funds for the purposes set forth in this agreement being appropriated, budgeted and otherwise made available. 3) This agreement supercedes all negotiations, conversations or discussions heretofore had between the parties 0 related to this agreement This agreement shall not be deemed nor construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto. 4) The party of the second part shall not assign, transfer, convey, pledge, or otherwise dispose of this agreement without prior written consent of the party of the first part. 5) All covenants, conditions and provisions of this agreement shall extend to and bind the legal representatives, successors and assignees of the respective parties hereto. 6) The captions or headnotes on sections of this agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this agreement nor in any way affect this agreement. 7) It is the intent and understanding of the parties to this agreement that each and every provision of law required to be inserted in this agreement shall be and is inserted herein. Furthermore, it is hereby stipulated that every such provision is deemed to be inserted herein, and if through mistake or otherwise, any such provision is not inserted in correct form, then this agreement shall, upon application of either party, be amended by such insertion so as to comply strictly with the law and without prejudice to the rights of either party. 8) If this agreement contains any unlawful provisions, not an essential part of the agreement and which appear not to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect, and shall upon the application of either party be stricken from the agreement without affecting the binding force of the agreement as it shall remain after omitting such provision. WE R � X 9) If this agreement contains errors, inconsistencies, ambiguities, or discrepancies, including typographical errors, the second party shall request a clarification of same by writing to the first party whose decision shall be binding upon the parties. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day first above written. ATTEST: By jerLkof the o d of ounty Commi 'oners COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS Dale F. Grant, Chairman Address: P.O. Box 850 Eagle, Colorado 81631 Telephone: (303) 328-7311 PARTY OF THE SECOND PART AP �t By: Address: J P �- cy 7 Telephone:_ -10-