HomeMy WebLinkAboutC12-318 Heartland Environmental Services AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND
HEARTLAND ENVIRONMENTAL SERVICES, LLC.
FOR SCRAP TIRE HAULING
THIS AGREEMENT ("Agreement"), dated this ID day of Sep.*, 2012 is
between Eagle County, Colorado, ("County") and Heartland Environmental Services,
LLC., a Colorado corporation with a mailing address of Post Office Box 1276, Basalt,
CO 81621. ("Contractor").
WITNESSETH
WHEREAS, County desires to hire a Contractor to haul and recycle scrap tires collected
from the Eagle County Waste Tire Facility located at 815 Ute Creek Road, Wolcott,
Colorado; and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has
experience, expertise and required state certification in the collection and transportation
of recycled waste tires and wishes to provide said services to County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of
the responsibilities of Contractor in connection with the services or work provided and
related terms and conditions to govern the relationship between Contractor and County in
connection with this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, County and Contractor agree as follows:
1. SCOPE OF WORK
The following will collectively be referred to as the "Work" or "Services"
A. Contractor agrees to provide the necessary vehicles and drivers to haul
scrap tires collected from the Eagle County Tire Facility at 815 Ute Creek Road, Wolcott,
Colorado upon (10) days' notice to Contractor. The parties may, by amendment to this
Agreement, establish a consistent schedule for Contractor pick up and hauling of scrap
tires from the Eagle County Tire Facility.
B. Contractor will be the owner of such scrap tires upon removal from the
Eagle County Tire Facility. Eagle County shall have no responsibility or liability for the
materials upon collection by Contractor. Contractor shall be solely responsible for proper
recycling or disposal of the materials collected by it.
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C. Contractor will be responsible for providing all appropriate paperwork,
permits, manifests and any other documents necessary for proper transportation, disposal
and /or recycling of tires from the Eagle County Tire Facility.
D. Contractor will return the original signed and dated manifest to the Eagle
County Solid Waste and Recycling Department within thirty (30) days after delivery of
materials to a disposal and /or recycling facility. Contractor will send a certificate of
disposal /recycling, if applicable to the Eagle County Solid Waste and Recycling
Department within six (6) months after delivery of materials for treatment, recycling,
landfilling or disposal. If a certificate of disposal is not received within six (6) months,
Contractor will provide a written explanation of the delay. Eagle County reserves the
right to terminate the contract if the written explanation is deemed unacceptable or no
written explanation was provided.
2. CONTRACTOR'S REPRESENTATIONS
A. Contractor is an independent contractor, and nothing herein contained
shall constitute or designate the Contractor or any of the Contractor's employees or
agents as employees or agents of the County.
B. Contractor has familiarized itself with the nature and extent of the contract
documents, work, locality, and with all local conditions, and federal, state, and local laws,
ordinances, rules, permits and regulations that in any manner may affect cost, progress, or
performance of the Work.
3. CONTRACT PRICE
A. County will pay Contractor for the hauling and recycling of scrap tires
collected by County. County shall pay $1,650.00 per trailer load of tires to include car,
truck and semi tires.
B. Contractor shall provide an invoice and other documentation or detail as
may be requested by County and County shall pay for Services satisfactorily performed
within 30 days of receipt of Invoice from Contractor.
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 31 of any year without an
appropriation therefore by County in accordance with a budget adopted by the Board of
County Commissioners in compliance with 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).
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4. TERM
A. The Work will commence upon execution of this Agreement by the
parties.
B. The Agreement shall be for a one year term from September 1, 2012
through December 31, 2012 and shall renew automatically on the same terms and
conditions as set forth herein for two additional one year terms unless earlier terminated
by County.
C. County may terminate this Agreement, in whole or in part, for any reason,
at any time, with or without cause, upon providing seven (7) days' notice to Contractor.
County shall pay Contractor for all scrap tires collected prior to the date of termination.
5. INDEMNIFICATION
The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless
County and any of its officers, agents and employees against any losses, claims, damages
or liabilities for which County or any of its officers, agents, or employees may become
subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly
or indirectly, this Agreement, or are based upon any performance or nonperformance by
Contractor hereunder; and Contractor shall reimburse County for any and all legal and
other expenses, including, but not limited to attorney fees and costs, incurred by County
in connection with investigating or defending any such loss, claim, damage, liability or
action.
6. ENFORCEMENT REMEDIES
County and Contractor agree that this Agreement may be enforced for specific
performance, injunctive, or other appropriate relief, including damages, as may be
available according to the laws and statutes of the State of Colorado. It is specifically
understood that by executing this Agreement, both County and the Contractor commit
themselves to perform pursuant to these terms contained herein. In the event that an
action is brought to enforce this Agreement, the prevailing party shall be entitled for the
recovery of its costs and fees, including reasonable attorney's fees.
7. MISCELLANEOUS
A. This Agreement shall be governed and construed in accordance with the
laws of Colorado. Venue for any action arising out of any dispute pertaining to this
Agreement shall be in the State of Colorado, District Court in and for Eagle County,
Colorado.
B. This Agreement, and the rights and obligations created hereby, shall be
binding upon and inure to the benefit of County and Contractor and their respective
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successors and assigns. Nothing herein expressed or implied is intended or should be
construed to confer or give to any person or entity other than County or Contractor and
their respective successors and assigns, any right, remedy or claim under or by reason
hereof or by reason of any covenant or condition herein contained.
C. 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.
D. 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.
E. The parties hereto agree that neither has made or authorized any
agreement with respect to the subject matter of this instrument other than expressly set
forth herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees hereto.
F. In the event of conflict between the terms of this Agreement and any
exhibits hereto, the terms of this Agreement shall control.
S. INSURANCE
A. The Contractor shall procure and maintain at its expense during the term of this
Agreement and any amendment thereto the following insurance from insurance
companies authorized to do business in Colorado, covering all operations and services to
be performed by Contractor under this Agreement.
I. Worker's Compensation and employer liability in accordance with the
Worker's Compensation Act of the State of Colorado for employees doing
work in Colorado in accordance with this Agreement.
2. Commercial general liability insurance in the minimum amount of two million
dollars ($2,000,000) per injury, and the minimum aggregate amount of three
million dollars ($3,000,000). County shall be named as an additional insured.
3. Contractor will carry Contractors Pollution Liability in the amount of ten
million dollars ($10,000,000) for each occurrence and ten million dollars
($10,000,000) for the aggregate of all claims and will provide any other
coverage required by state or federal law. County will be named as an
additional insured.
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4. Automobile Liability, Injury' and Property Damage with a limit of two million
dollars ($2,000,000) per occurrence, combined single limit including owned,
hired and non -owned autos. County shall be named as an additional insured.
B. All insurance required hereby shall be issued by an insurance company or
companies authorized to do business in the State of Colorado. Certificates of Insurance
acceptable to County shall be filed with County prior to commencement of the Work.
Coverage afforded under the policies will not be canceled until at least thirty days prior
written notice has been given County. Contractor shall not start Work until all required
insurance have been obtained and certificates with the proper endorsements have been
filed with County. Failure of the Contractor to comply with the foregoing insurance
requirements shall in no way waive the County's rights hereunder.
9. NOTICE AND AUTHORIZED REPRESENTATIVES
Any notice and all communications required under this Agreement shall be given in
writing by personal delivery, fax, e-mail or mail to the appropriate party at the following
addresses:
County: Contractor:
Ken Whitehead, Solid Waste Director Larry Giroux, Owner
Solid Waste & Recycling Department Heartland Environmental Services
P.O. Box 473 P.O. Box 1276
Wolcott, Colorado 81655 Basalt, CO 81621
(970) 328 -3465 (p) (970) 922 -0878 (p)
(970) 328 -3466 (f)
Notices shall be deemed given on the date of delivery or three days after the postmarked
date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal
Service.
10. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES
If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. §
8 -17.5 -1.01, et seq., regarding Illegal Aliens — Public Contracts for Services, and this
Contract. By execution of this Contract, Contractor certifies that it does not knowingly
employ or contract with an illegal alien who will perform under this Contract and that
Contractor will participate in the E- verify Program or other Department of Labor and
Employment program ( "Department Program ") in order to confirm the eligibility of all
employees who are newly hired for employment to perform work under this Contract.
A. Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform
work under this contract for services; or
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(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.
B. 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 /gc 1185221678150.shtm
C. 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.
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:
(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.
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 established in C.R.S. § 8- 17.5 - 102(5).
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 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.
G. 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.
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IN WITNESS WHEREOF, this Agreement is effective on the date first set forth above.
Eagle County, Colorado
By and through its County Manager
By:
Keith Montag, County Ma . ter
Contractor:
Heartland P viron ntal Service, LLC.
B Y Ar. imor
Larr Giroux
STATE OF C191(')VtI )
) SS.
COUNTY OF r- J )
The foregoing i strument was acknowledged before me by 1L , rl'y(`, of
r 1 44, # this J[ day of , 2012.
My commission expires: la "` j , o2Q)
. (a'
Notary Public
ANNE M. CANAN
NOTARY PUBLIC
STATE OF COLORADO
IM Comae Expires 12,13/2012
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