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HomeMy WebLinkAboutC96-002 King Tire Resources6 '96 ' 2 6 S AGREEMENT BETWEEN EAGLE COUNTY and KING TIRE RESOURCES, INC. AGREEMENT made effective the day of January, 1996, between EAGLE COUNTY, STATE OF COLORADO hereinafter referred to as "County" and KING TIRE RESOURCES, INC., P. 0. Box 40533, Grand Junction, Colorado 81504, hereinafter referred to as "King". RECITALS WHEREAS, County has accumulated tires at its Landfill in Eagle County; and WHEREAS, County is in need of tire processing to the extent that such tires be sliced in preparation for County's disposal; and WHEREAS, King desires to perform such tire processing on an independent contractor basis; and WHEREAS, County and King agree that such work shall be performed upon terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between County and King as follows: SECTION I DESCRIPTION OF WORK King will provide all labor, materials and equipment necessary or appropriate to perform the following (the "Work"): Utilizing its "Eagle Tire Equipment" (machinery brand identification) and paying all costs and expenses incurred in connection with such utilization, King will slice all whole tires within the machine's capabilities accumulated at the Eagle County Landfill in preparation for County's disposal of such tires. Each tire will be sliced into no fewer than four (4) pieces. The tires which are beyond King's capacity to process will be left at County's Landfill for other disposal. The tires which previously have been sliced also will be left at County's Landfill for other disposal. The rims removed by King shall become the property of King for purposes of recycling. King will remove them from the Landfill at or before demobilization upon completion of the Work. King shall provide two (2) employees to perform King's work. King's equipment will be placed on a work space at the Landfill designated by County. King's employees and equipment will remain in the designated area while performing the Work except as required for ingress and egress. King is not responsible for or authorized to move tires in or out of its designated work space. County shall remove tires into, and shall remove the "slices" from, the designated work space, all at such times as are reasonably convenient and appropriate for Landfill operations and King's operations. King agrees that all Work shall be completed in a workmanlike manner. In performing the work, King agrees to comply with all federal, state and municipal laws, rules and regulations that are now or may in the future become applicable to King or King's performance of the Work. SECTION II PAYMENT County will pay King as follows: 1. $0.75 per tire for car tires, pick-up tires and semi tractor tires. 2. $0.75 per rimmed tires as long as such tires are within King's processing capability. 3. $0.75 for tires described as "heavy equipment" tires as long as such tires are within King's processing capability. County will pay King in full within thirty (30) days of the receipt of King's monthly billing to County. Such monthly billing shall be based upon and include a daily count of tires sliced, itemized by tire type, with a total count for the entire month. King also will provide County with a daily record of rims crushed. 4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to King (a) for any work done after December 31, 1996, or (b) for any amount in excess of $20,000.00, without the written approval of County in accordance with a budget adopted by the Board of County Commissioners in accordance with law. SECTION III TIME OF PERFORMANCE King will perform its Work only during normal Landfill operating hours; all King's employees will remain off-site except during such hours. The Landfill's normal operating hours are: Monday: 6:00 a.m. - 4:30 p.m. Tuesday -Friday: 8:00 a.m. - 4:30 p.m. Saturday: 9:00 a.m. - 4:00 p.m. Sundays: Closed Closed on the following holidays (January -April, 1996): New Year's Day King will move onto the Landfill and start the Work within two weeks of the date of this Agreement. The Work will be completed not later than three months after the date of this Agreement. SECTION IV RELATIONSHIP OF THE PARTIES The parties intend that an independent contractor relationship will be created by this Agreement. County is interested only in the results to be achieved, and the conduct and control of the Work will lie solely with King. King is not to be considered an agent or employee of the County for any purpose, and it is specifically understood and agreed that King is not entitled to any of the benefits that County provides for its employees. Therefore, it is agreed that none of the benefits provided by County to its employees, including, but not limited to, any federal or state withholding taxes, FICA, insurance in any form, retirement plans, workmen's compensation or unemployment compensation, are available from County to King under the terms of this Agreement. King shall be subject to County's general right of inspection and supervision to insure the satisfactory completion of the Work and accounting for tires. 3 SECTION V INSURANCE King shall purchase and maintain in a company or companies to which County has no reasonable objection such insurance as will protect King and County from claims which may arise out of or result from King's operations under the Agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The insurance required shall be written for not less than any limits of liability required by law or by those set forth below, whichever is greater. All such insurance shall be written by companies authorized to do insurance business in the State of Colorado. The insurance required is: a. Workmen's Compensation including occupational disease, and Employer's Liability Insurance in amounts and coverage as required by the laws of Colorado. b. Comprehensive General Liability Insurance --King shall maintain a Comprehensive General Liability Form of Insurance with bodily injury liability limits of at least $500,000 for any one person in any one occurrence and $1,000,000 for two or more persons in any one occurrence and a general aggregate of at least $2,000,000. A Certificate of Insurance naming County as an additional insured and providing that the insurer shall give written notice to County at least 10 days before the termination of, expiration of or upon a change in, the coverage, shall be delivered to County before King commences the Work. SECTION VI NON -ASSIGNABILITY To the fullest extent permitted by law, King shall indemnify and hold harmless County, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of its Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction 4 of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of King, a subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. This Agreement or any interest therein shall not be assigned, sublet or transferred to any other party without the prior written consent of both parties. SECTION VII EFFECT OF AGREEMENT Each and every clause and covenant of this Agreement shall extend to, benefit, and bind the successors and assigns of the parties hereto respectively. SECTION VIII AMENDMENTS Any and all modification or alteration of or additions to or changes in any term, condition, or agreement contained herein shall be void and not binding on any party hereto unless set forth in writing and signed by both parties. SECTION IX MISCELLANEOUS This document embodies the entire understanding between the parties and there are no terms, covenants or conditions, expressed or implied, other than those set forth herein. This Agreement supersedes all earlier negotiations, understandings and agreements between the parties and expresses the understanding of the parties. SECTION X DEFAULT It is agreed that time is of the essence in the performance of this Agreement. In the event of a default by either of the parties, the non -defaulting party shall give the defaulting party written notice and the defaulting party shall have ten (10) days to correct such default. If said default is not corrected within said W, ten (10) days period, the non -defaulting party may bring any action at law or equity authorized by the laws of the State of Colorado, and in such event, the prevailing party shall be entitled to recover costs and attorney's fees incurred in connection with any such action. Jurisdiction and venue for any action on this Agreement shall be in Eagle County, Colorado. The parties shall be given notice by personal delivery, by certified mail, postage prepaid or by prepaid commercial delivery service addressed as follows: To King: King Tire Resources, Inc. P. 0. Box 40533 Grand Junction, Colorado 81504 To County: Ron Rasnic Eagle County Landfill P. 0. Box 250 Eagle, Colorado 81631 IN WITNESS WHEREOF, the respective parties have hereunto set their signatures effective the day and year first above written. THE COUNTY: Ap OF COUNTY OF EAGLE, STATE OF i ; c COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST:`CLAD * By:y: a(erkAao_f__ tht Board of mes Wson,7.,rman County Commissioners KING; ATTEST: BYr�a,_ja QrZ, V Secretary c\king.tir KING TIRE RESOURCES, INC. 5 By:+!� M'chael Simonds, President c c