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HomeMy WebLinkAboutC96-014 We RecycleERM1141)" AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND WE RECYCLE, A COLORADO NONPROFIT CORPORATION THIS AGREEMENT, made and entered into this day of January, 1996, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and We Recycle, a Colorado Nonprofit Corporation, (hereinafter referred to as the "Contractor"). W I T N E S S E T H: THAT, the County has awarded the Contractor grant funds in the amount of ONE HUNDRED FOURTEEN THOUSAND DOLLARS ($114,000.00) for the purpose of providing the citizens of the County the opportunity to recycle waste products. THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1. SCOPE of SERVICE Contractor shall utilize and spend the funds provided solely for the recycling services contemplated and described in Exhibit A attached hereto and incorporated herein by this reference. 2. PAYMENT A. The County shall pay one-quarter of the sum described above ($28,500.00) upon the execution of this Agreement by both parties. B. The remaining payments shall be made as follows: (1) On April 1, July 1, and October 1, 1996, Contractor shall provide the County with a summary of the previous quarter's activities, including quantity of materials collected, wages expended, changes in inventory of trucks and other equipment, and a description of any changes in the operation which materially deviate from the proposed activities described on Exhibit A. (2) Should the County be satisfied that the operation is continuing to benefit the citizens of the County, another quarterly payment in the amount of $28,500.00 shall be paid to the Contractor within ten (10) days of the receipt and review of the Contractor's quarterly summary by the County's Budget Director. 3. PERIOD OF AGREEMENT A. The term of this Agreement shall commence January 1, 1996, and end December 31, 1996. However, the County may terminate the contract between the County and the Contractor (therefore terminating this Agreement) on ten (10) days' notice if it is deemed by the County that the Contractor is not fulfilling the goals of the recycling program as described in Exhibit A, or for other sufficient reasons. B. Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared bankrupt, or dissolves, then the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall thereupon terminate and cease immediately. 4. RETURN OF FUNDS A. Any funds not expended at contract termination may be required to be returned to the County, as well as any funds lost or diverted or otherwise not properly expended according to project objectives. B. To protect the County's interest in this project, the funds which may be due the County pursuant to Paragraph 4.A shall immediately constitute a first lien on the property of Contractor, and on after-acquired property of the Contractor, until the County determines it has been paid in full all amounts due it by Contractor. 5. RECORDS AND INSURANCE A. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three (3) years, which records may be subject to an audit by federal, state, or county auditors or their designees as requested, during reasonable business hours, upon forty-eight (48) hours' written notice. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County as previously described herein. ra B. The Contractor shall maintain insurance in the following amounts, and shall provide the County with certificates of said coverage: 1) Workmen's Compensation shall be carried, including coverage for disability, for all compensated persons performing services for Contractor under this Agreement, in amounts and coverage as required by the laws of the State of Colorado. 2) General Liability Coverage shall be carried in the following minimum amounts for coverage of claims for damages arising from the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon the Contractor, its subcontractors, sublessees, agents or employees: $150,000 for any injury to one person in any single occurrence. $600,000 for an injury to two or more persons in any single occurrence ($150,000 limit per person). $600,000 for damage to property in any single occurrence. 3) Comprehensive Motor Vehicle Insurance shall be carried in the minimum amounts of $150,000/$600,000 for bodily injury, and $600,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 4) Liability insurance required under 2) and 3) shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. C. At the conclusion of the term of this agreement, the Contractor shall obtain an external audit, and shall provide the County with copies of same. 6. NOTICE Any notice provided for herein shall be given in writing by certified mail, return receipt requested, which shall be addressed as follows: -3- THE COUNTY: Eagle County c/o County Attorney P.O. Box 850 Eagle, Colorado 81631 THE CONTRACTOR: WE RECYCLE c/o Mauri Nottingham P.O. Box 1000 Avon, CO 81620 7. MODIFICATIONS AND WAIVER The Contractor shall not assign any rights or duties under the Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County S. MISCELLANEOUS A. The parties of this Agreement intend that the relationship of the Contractor to the County is that of an independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. B. Providing this grant to the Contractor will not in any way affect the County's right to operate the Eagle County Landfill in Wolcott, Colorado, or the County's right to control access to and the operation of equipment upon the site of the Eagle County Landfill. C. Should the Contractor cease operation of the program contemplated in Exhibit A, for any reason, the County shall assume the right to continue or terminate any subcontracts which may exist between the Contractor and any other party(ies) related to said program. B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. -4- C. In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim -related expenses. D. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. E. Contractor shall indemnify and hold harmless the County with respect to any claims, liability, or judgments from any acts or omissions of the Contractor, and any of the Contractor's officers, employees, agents or volunteers. F. The Contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and the County of Eagle. G. No person shall have any personal financial interest, direct or indirect, in this Agreement. H. The County's financial obligations under this agreement are contingent upon its receiving sufficient revenues within its budget. [next page is signature page] -5- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: 22f�_Zlz� Geo ge Gates, Chairman ATTEST: y F��oR�DO County Commissioners CONTRACTOR: WE RECYCLE By: STATE OF COLORADO ) ) SS County of Eagle ) The foregoing was acknowledged before me this ;+" _ day of , 1996, by Mauri Nottingham a}id Debra L. Kimball, in their respective capacities as President and Secretary of WE RECYCLE, a Colorado non-profit corporation. My commission expires: cp C\recycle.96 91-22 s (4 -ch yNotaryPublic Q� P� .:DCHIBIT A EAGLE COUNTY RECYCLING OPERATING PLAN FOR 1996 ----------------------------------------------- 1. Materials collected and associated markets. CURRENTLY COLLECTING: Aluminum Cans(UBC) Metal Scrap Glass Containers Newsprint(ONP) Office Paper Old Magazines(OMG) Corrugated Cardboard(OCC) Plastic Containers Plastic Film Phone Books Steel Cans 2. Community areas served. MARKET: Anheuser-Busch Iron & Metals/Denver Coors Glass/Golden Tri -R Systems/Denver Tri -R Systems/Denver Tri-R.Systems/Denver Tri -R Systems/Denver Consumer Plastics Recycling/Denver Consumer Plastics Recycling/Denver U. S. West Direct/Denver Proler Industries/Arizona Drop-off locations with steel bins. West Vail - Vail das Schone Mall Vail - West side of old post office Avon/Beaver Creek - City Market Edwards/Berry Creek - Stop -Save Store/Edwards Eagle - Fairgrounds parking lot Gypsum - Hiway 6 Store Minturn/Red Cliff - Round House Parking Lot 3. Recycling Centers A. Wolcott: This warehouse facility contains approximately 3000 sq. ft. and is made available at no charge, by B.F.I., through at least the end of 1995. This space is presently serving as the center of baling operations. All of the collected plastics are sorted, baled and stored there. Corrugated cardboard is also baled at this location. Local haulers transports these bales to Denver markets. A glass collection container and containers for newprint, steel cans and phone books are also at this location. A new baler funded by O.E.C. has been operational since December 1994. All old newsprint (ONP) and steel cans are now baled on this machine. This has created a market for these 2 items when virtually none existed in past years. The bale density of old corrugated cardboard (OCC) and plastics has doubled by using the new baler; hence lowering trans;portation costs. B.F.I. has initiated a corrugated cardboard collection program. We Recycle bales the product Larg-, quantities are being processed. B. Vail Village: The west side of the old Vail post office was made available for use as a temporary recycling center by the Town of Vail. This facility has about 525 sq.ft. in addition to a large parking area for trucks,btrailer and roll -off containers. This warehouse area is presently used for collection and storing of office paper and houses the aluminum can processing equipment that is leased from Anheuser-Busch. Large roll- off containers for glass are located at the old town shops. Page 2 4. Sub -Contractor Under sub -contract, B.F.I. will collect from seven drop-off sites from Minturn to Gypsum. They will also pick-up many commercial accounts. Collections will be done at participating schools. The collected materials will be delivered to the recycling centers to be processed by the WE RECYCLE staff. B.F.I. will continue to do the long-haul deliveries of glass to Denver for an additional charge. 5. Labor Operations We Recycle has budgeted for 4 employees for the year.. The manager is responsible for all day-to-day operations. In addition, the manager collects all recyclables at the Vail center, collects plastics at all drop-off sites and aids in the operation of the Wolcott facility. Miscellaneous pick-ups are also done by the manager including the pick-up of materials at the Eagle County building. The manager is also provides public education which includes school tours. The 2 plant operators receive and processes materials at the Wolcott facility and is responsible for all of the baling and truck loading. Most of his time is taken by baling ONP and OCC. 6. Equipment Inventory (1) 92 ISUZU Cargo Van - value $15580 - owned WE RECYCLE (financed) (1) BOBCAT 773 Loader - value $23000 - owned WE RECYCLE (financed) (1) CLARK Forklift - value $10800 - owned WE RECYCLE ( ) 90 gal. containers - value $1500 - owned WE RECYCLE (2) Side -dump Containers value P11000 - owned WE RECYCLE (1) Vertical Baler - value $4000 - owned WE RECYCLE (1) Roll -off container - va`lue $4000 - owned WE RECYCLE (Wal -mart) (1) Glass Crusher - value $650 - owned WE RECYCLE (1) Vertical Baler with conveyer (new) - value $37000 - owned Eagle County (grant) (4) Roll -off containers- value $10000 - owned B.F.I. (1) Recycling Vehicle - - owned B.F.I. (1) Drop-off container - value $1100 - owned B.F.I. (Minturn) (1) Drop-off container - value $1100 - owned Town of Eagle (1) Drop-off container - value $1100 - owned Town of Gypsum (1) Drop-off container - value $1100 - owned Edwards/Berry Creek (1) 40 ft. semi-trailr - value $5000 - owned Anheuser-Busch (1) Can Crusher -Blower - value $10000 - owned Anheuser-Busch (1) Scale — value $400 - owned Anheuser-Busch 7. Other Entities Involved A. Honey Wagon trash collectors is currently operating a curbside recycling program amoung their residential customers. They have purchased a special recycling and trash truck for this purpose. All of their recyclables are delivered and contributed to WE RECYCLE. B. Volunteers are not now _generally involved in operations at the Vail and Wolcott recycling centers. C. Community services workers are irregularily supplied by the Eagle County courts. They are of great assistance when available. D. The Vail Trail currently delivers approximately 1,000 lbs of waste newsprint to Denver on a weekly basis. E. Vail Associates has greatly expanded their mountain collections program for aluminum cans, glass and office paper. 8. 1996 Financial Participants A. Eagle County $114,000 B. Town of Vail $14,400 C. Town of Avon $10,400 S