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HomeMy WebLinkAboutC11-069 Steve Nofziger Sale and Abandoned Vechicles AgreementAGREEMENT BETWEEN EAGLE COUNTY AND STEVEN A NOFZIGER FOR THE PROCESSING AND SALE OF ABANDONED VEHICLES THIS AGREEMENT is made this 22nd day of February, 2011, by and between the Eagle County Sheriff ( "County "), and Steven A. Nofziger ( "Contractor "), existing by virtue of the laws of the State of Colorado and with a principal place of business at 648 Valley Road, Gypsum, Colorado 81637. WHEREAS, County is in need of an individual to perform administrative processing and appraisal services for abandoned vehicles seized by the Sheriff pursuant to C.R.S. § 42 -4- 1801, et. seq.; and WHEREAS, Contractor has experience and expertise necessary 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 and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1— WORK 1.1 In accordance with C.R.S. § 42 -4 -1801, et. seq., County will engage a third party towing carrier to remove abandoned vehicles from public property and to place such vehicles in an impound lot maintained by the towing carrier. County will then refer the vehicle to Contractor by providing the information required by Article 2 below. Contractor will use his expertise, experience and skill to provide administrative processing and appraisal services for abandoned vehicles referred to him by the County the "Services "). In connection with the Services, for each vehicle referred to Contractor by the County, Contractor will perform the following: A. Upon receipt of paperwork from County as provided in Article 2 below, Contractor will conduct a thorough appraisal of the vehicle, verifying the vehicle identification number and the condition and the mileage of the vehicle, in order to establish a true value of the vehicle based on the National Automobile Dealer's Association ( "NADA ") standards, as well as Contractor's training and experience. B.Utilize the Integrated Data System (IDS) to retrieve a Master Search of the vehicle's current registration C.Within 10 days of the receipt of the required information (as described in Article 2 below) from County, send a "Notice of Towed Vehicle" via first class mail to each address listed on the Master Search, as well as to any and all lien 1 holder' of record as required by C.R.S. § 42 -4 -1804. D.Complete and file form DR2008 ( "Vehicle Registration Information ") with the Colorado Department of Revenue. E.At least 30 days after the mailing of the "Notice of Towed Vehicle" (but no more than 60 days after), complete a form DR2173 ( "Bill of Sale ") and present it to the tow carrier for final signature. i.If the appraised value of the vehicle is less than or equal to the charges incurred by the towing carrier for towing and storage of the vehicle, then the green copy of the DR2173 along with the Master Search will be given to the tow carrier to transfer ownership of the towed vehicle to the tow company as a sole source of compensation to the towing carrier for towing and storage. ii.If the appraised value of the vehicle is greater than the charges incurred by the towing carrier for towing and storage, the towing carrier shall have the opportunity to purchase the vehicle by paying to the County the difference between the value of the vehicle and charges incurred for towing and storage. If the towing carrier opts not to purchase the vehicle, County will conduct a public auction in accordance with the terms of C.R.S. § 42 -4 -1801, et. seq., with the proceeds being first used to satisfy reasonable towing and storage fees and the remainder to be paid to the County. F.Provide the County with a complete packet containing copies of all forms, transactions, memos and correspondence completed or received, at which point, the vehicle will be considered fully processed by Contractor. ARTICLE 2 — COUNTY'S RESPONSIBILITIES 2.1 For each vehicle referred to Contractor by County, County shall provide to Contractor the following information: A.The case number, location and time of tow, and the name of the tow carrier B.Printouts of clearances and registration from dispatch C.The make, model, year and VIN of the vehicle D.The signature of a supervisor or Sheriff's Officer 2.2 County shall provide Contractor with access to the Integrated Data System IDS ") for the purpose of performing the Services under this Agreement. Contractor shall not use IDS for any other purpose. 2 2.3 County acknowledges that in order for Contractor's Services to be performed accurately and in a timely manner, the information provided under this Article 2 by County must be accurate and that Contractor may rely on that information in the provision of the Services. 2.4 County authorizes Contractor to act on its behalf in issuing and signing the documents, filings and notifications required to accomplish performance of the Services hereunder. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence on January 1, 2011, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect for a period of 1 year, commencing with the effective date of this Agreement. This Agreement may be extended for up to two additional term years beyond the time referred to in this Section 3.1 on terms and conditions as may be mutually agreed between the parties in writing. ARTICLE 4 — COMPENSATION 4.1 County shall pay Contractor one hundred dollars ($100) for each vehicle fully processed by Contractor under this Agreement. County shall pay Contractor twenty five dollars ($25) in cases where County refers a vehicle to Contractor, Contractor responds to the tow storage area to appraise the vehicle, but the vehicle is retrieved by the owner before Contractor's appraisal and administrative processing services can be completed. 4.2 No travel expenses are anticipated or will be paid for. 4.3 Fees for Services satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.4 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. 4.5 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5 CONTRACTOR'S REPRESENTATIONS 3 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 Services, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.2 Contractor acknowledges that he understands that he will be acting as an independent contractor for County and while he will be working closely with the Sheriff's Office to perform the Services, he will not be deemed an employee of Eagle County for any purpose. ARTICLE 7 — ENTIRE AGREEMENT This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 8 — MISCELLANEOUS 8.1 No assignment by a party hereto of any rights under, or interests in the Agreement 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 Agreement. 8.2 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2011 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). 8.3 Provision Mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 8.3.1 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 4 all employees who are newly hired for employment to perform Services under this Contract. 8.3.2 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. 8.3.3 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 8.3.4 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. 8.3.5 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. 8.3.6 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). 5 8.3.7 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. 8.3.8 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. 8.4 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. 8.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. ARTICLE 9 - JURISDICTION AND CONFIDENTIALITY: 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 9.2 The Contractor and County acknowledge that, during the term of this Agreement and in the course of the Contractor rendering the Services, the Contractor may acquire knowledge of the business operations of County to the point that the general method of doing business, the pricing of products, the lists of customers and other aspects of the business affairs of County will become generally known and the Contractor shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any knowledge, information or facts concerning any of the past or then business operations, pricing or sales data of County and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of County, its successors and assigns during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. ARTICLE 10 - INDEMNIFICATION: 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 negligent acts or omissions of, or presentations by, the Contractor in violation of the terms and 6