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Home My WebLink AboutC10-050 Smith Trucking AgreementAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SMITH TRUCKING ~ lr/~':~:~4 This agreement ("Agreement"), made this ~y~ day of Ja~rnry~ 2010, between Eagle County, Colorado, a body politic and corporate, through its Board of County Commissioners ("County") and Smith Trucking, a Colorado Company with its principal place of business at 65707 Little Way, Montrose, Colorado 81401 ("Contractor"), WITNESSETH: WHEREAS, County wishes to grind and have removed all of the collected dimensional wood and slash-type wood stockpiled at the Eagle County Landfill; and WHEREAS, County is in need of a contractor to perform this task; and WHEREAS, Contractor is experienced in the performance of such grinding and hauling work and wishes to perform such work for County. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 -SCOPE OF WORK The Contractor shall provide all of the necessary equipment and personnel to grind and remove from the premises all of the dimensional wood and slash-type wood stockpiled at Eagle County Landfill. ARTICLE 2 -TERM OF AGREEMENT This Agreement shall become effective on the date of executio o by~the~ artier and shall continue until completion of the Work. The Work shall p~~e later than March 1, 2010. The County may elect to extend the term of this Agreement, in which case all of the provisions of the Agreement shall remain in full force and effect during any extended term except that the Scope of Work and compensation to be paid to Contractor during any extended term shall be mutually agreed upon prior to the commencement of any extended term and reduced to writing, signed by both parties, and attached to this Agreement. ARTICLE 3 -COMPENSATION A. For the Work to be provided hereunder, County shall pay to the Contractor a fee of One Dollar ($1.00) per cubic yard of unground dimensional wood and slash-type wood up to but not to exceed 20,000 cubic yards or Twenty Thousand Dollars ($20,000). Contractor shall submit monthly invoices to County, which invoices shall include a description of services performed including the amount of wood ground and removed from the landfill premises during the invoiced month. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Work provided. B. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. C. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31S` of each calendar year during the term of this Agreement, without appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE 4 -INSURANCE At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of One Million Dollars ($1,000,000) and Workers' Compensation insurance as required by Colorado law. Contractor shall deliver certificates of insurance, naming County as an additional insured, to County within fifteen (15) calendar days of execution of this Agreement by County. ARTICLE 5 -PROVISION MANDATED BY HOUSE BILL 1343: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or 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. B. Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification Program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Contractor shall apply to participate in the Program every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: http:%%«~~~'~'.vis-dhs.cotnlemployerregistration. C. Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. 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 shall be required to: 1. 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 2. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (1) of paragraph (D) of this Article 5 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. E. 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. F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. ARTICLE 6 -APPLICABLE LAW, JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. ARTICLE 7 -NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: Contractor: Jim Smith Smith Trucking 65707 Little Way Montrose, CO 81401 Tel : 970.209.5112 Fax: County: Ron Rasnic, Solid Waste Manager Eagle County Landfill P.O. Box 250 Eagle, CO 81631 Tel: 970.328.3465 Fax: 970.328.3466 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 8 -MISCELLANEOUS A. With respect to the provision of the services hereunder, Contractor acknowledges that Contractor is an independent contractor providing wood grinding and hauling services to County. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of County. Moreover, this Agreement creates no entitlement to participate in any of the Employee Benefit Plans of County including insurance, paid vacation and recognized holidays. B. Contractor shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of a senior management representative of County. C. Within the limits allowed by law, Contractor shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or presentations by, the Contractor in the performance of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Contractor. D. Contractor shall perform this service in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to and with respect to similar services, in this area at this time. E. This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings. F. This Agreement is personal to the Contractor and may not be assigned by Contractor. G. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. H. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. I. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and Contractor. This Agreement represents the full and complete understanding of County and Contractor and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Contractor with respect to the subject matter contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: - -~ ~~ Ke P. Montag, AICP, Eagle ounty Manager Smith Trucking By: ~ Jim Smith