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HomeMy WebLinkAboutC13-044 Trinity Recycling for Scrap Metal Hauling AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TRINITY RECYCLING FOR SCRAP METAL HAULING THIS AGREEMENT ( "Agreement "), dated this 91 Gi day of February, 2013 is between Eagle County, Colorado, ( "County ") and Trinity Recycling, a Colorado corporation with a mailing address of Post Office Box 687, Eagle, CO 81631. ( "Contractor "). WITNESSETH WHEREAS, County desires to hire a Contractor to haul and recycle collected scrap recyclable metal from the Eagle County Landfill located at 815 Ute Creek Road, Wolcott, Colorado; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise in the collection and transportation of recyclable materials 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 containers to haul recyclable scrap metal from the Eagle County Landfill at 815 Ute Creek Road, Wolcott, Colorado upon five (5) days' notice from County. The parties may, by amendment to this Agreement, establish a consistent schedule for Contractor pick up and hauling of scrap metal from the Eagle County Landfill. Landfill staff may assist in loading materials during slow periods. The materials will be weighed on a per ton basis at the Eagle County Landfill prior to hauling and Contractor will make payment to County as provided in Section 3 of this Agreement. B. The Contractor shall be responsible for determining the method used, i.e. baling, crushing or drop and swap trailers for collection and hauling of the scrap metal. 1 C. Contractor will be the owner of such scrap material upon removal from the Eagle County Landfill. Eagle County shall have no responsibility or liability for the materials upon collection by Contractor. Contractor shall be solely responsible for proper recycling of materials. 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 shall have no obligation to pay any amount to Contractor for the Work hereunder. B. Contractor will pay County for scrap material collected by Contractor based upon current market conditions and Contractor shall pay County within twenty -four hours of removal of scrap materials from the Eagle County Landfill. Contractor shall provide County with proof (acceptable to the County) of the market conditions when each payment is made to County. 1. Based upon market conditions, 68% will be paid to County, if the landfill staff loads recyclable metal into containers and 32% shall be retained by Contractor. 2. Based upon market conditions, 62% will be paid to County, if recyclable metal is loaded by Contractor and 38% shall be retained by 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). 2 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 January 1, 2013 through December 31, 2013 and shall renew automatically on the same terms and conditions as set forth herein for four 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. Contractor shall pay County for all scrap metal 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. 3 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 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. 8. INSURANCE A. At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of ONE MILLION DOLLARS ($1,000,000.00) per injury, and the minimum aggregate amount of ONE MILLION DOLLARS ($1,000,000.00). B. 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. C. Automobile liability (including owned, non- owned, and hired) in an amount not less than ONE MILLION DOLLARS ($1,000,000) per individual and not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. D. 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. 4 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, Director Joshua Thompson, Owner Solid Waste & Recycling Department Trinity Recycling P.O. Box 473 P.O. Box 687 Wolcott, Colorado 81655 Eagle, CO 81631 (970) 328 -3465 (p) (970) 331 -6971 (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 -101, 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 (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 5 United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:/ i 'www.dhs.govixprevprotiprograms g,c 11852216781 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. [[Rest of page intentionally left blank]] 6 IN WITNESS WHEREOF, COU TY and CONTRACTOR have executed this a.)1 Agreement this ` day of V' - 1, 2013. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By:! / �i Keith P. Montag, County a :ger /- Contractor: TRINITY RECYCLING BY' ,. >..i,� ,� 'oshua om .son, Own • r STATE OF C U ( o Lid. U ) COUNTY OF _'ate- ) SS. ) The foregoing instrument was cknowledged before me by Joshua Thompson of Trinity Recycling this 1 j day of b , 2013. My commission expires: C I 12 1 �� G .1 Notar Public TINA VIGIL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/21/2014 7