HomeMy WebLinkAbout20063181.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR LANDFILL INSPECTION AND SERVICES AND
AUTHORIZE CHAIR TO SIGN - TOWN OF ERIE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Landfill Inspection and
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Town of Erie, P.O. Box 750, Erie, Colorado 80516,
commencing June 2, 2006, and ending June 1, 2007, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Agreement for Landfill Inspection and Services between the County of
Weld, State of Colorado,by and through the Board of County Commissioners of Weld County, and
the Town of Erie be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of November, A.D., 2006 nunc pro tunc June 2, 2006.
BOARD OF CO NTY COMMISSIONERS
E IL." WELD COU , COLORADO
ATTEST: 'Lab
k,� M. J. le , Chair
Weld County Clerk to th B
1> David E. Long, Pro-Tem V
BY: p�
Dep Cler o the Board i ft 4
Williay�H. ere \\�n
APPROVED AS TO FORM: , Gv
Robe p. Masde
i
SL,Coun Atto s� clzU "'"-s�
iII740 Glenn Vaad
Date of signature: ( �P
2006-3181
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cot, Ci s ) ; i -a4-v.
AGREEMENT
THIS AGREEMENT is made and entered into this .A(— day of�� - ?1t1�1 1; 2006, by
and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO, whose address is P.O. Box 758, Greeley, Colorado 80632
(hereinafter referred to as "County") and the TOWN OF ERIE, COLORADO, a Colorado
municipal corporation, whose address is P.O. Box 750, Erie, Colorado 80516 (hereinafter
referred to as "Town" or "Erie").
WITNESSETH
WHEREAS, the Town desires to engage the County to render the services described in
this Agreement and the County is qualified and willing to perform such services in accordance
with, and subject to the provisions of this Agreement; and,
WHEREAS, legal authority exists to engage the County and sufficient funds have been
budgeted and are available for the work to be performed by the County under this Agreement,
and other necessary approvals have been obtained.
NOW,THEREFORE, in consideration of the mutual promises, covenants and
obligations of the parties hereto, the terms,covenants and conditions hereof, and intending to be
legally bound, the Town and the County agree as follows:
1. The Work. The County's services are engaged under this Agreement for the
following work: to conduct inspections on existing solid waste sites holding Certificates of
Designation and to review new or amended Certificates of Designation as determined by the
Town for sites within the Town's municipal boundaries ("Work").
2. County's Services. The County shall, during the term of this Agreement, provide
the services to the Town as set forth in Exhibit "A," attached hereto and incorporated herein by
this reference, with regard to sites located within the corporate boundaries of the Town (the
"Services"). The County shall perform the Services competently, efficiently, and in accordance
with the highest standards applicable.
3. Additional Services. The Town may request the County to perform additional
related duties in addition to the Services. The County agrees to perform the additional related
duties or phases of the Work if the Town so requests, either pursuant to an amendment to this
Agreement or a new agreement in which the Town and the County shall define the scope of, and
additional payment for, the additional related duties or phases of the Work.
4. Compensation. In consideration for the performance of the Services, the Town
shall pay to the County a fee in the total amount, and payable in accordance with the payment
schedule, as set forth in Exhibit "B," attached hereto and incorporated herein by this reference.
Total compensation for the performance of the Services shall not exceed Five Thousand Dollars
($5,000.00) during the term of this Agreement.
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2006-3181
5. Reimbursable Expenses. The Town agrees to reimburse the County for the
reimbursable expenses incurred by the County in connection with the Services, such expenses to
be described in detail in Exhibit "B." Travel expenses between the Town and the County's office
shall not be considered reimbursable expenses. The County shall maintain an accurate record of
all such expenses and provide itemized records and copies of receipts when submitting such
expenses to the Town for reimbursement. The maximum amount reimbursable by the Town to
the County under this Agreement shall be set forth on Exhibit "B."
6. Commencement and Completion of Services; Automatic Renewal. The County
understands and agrees that time is an essential requirement of this Agreement. The Services
shall be completed as soon as good practice and due diligence will permit. The term of this
Agreement shall commence on June 2, 2006 and shall end on June 1, 2007. This Agreement
shall be automatically renewed for additional one(1)year terms unless either party hereto gives
written notice to the other party, at any time prior to the end of the current term, of its intent to
terminate the Agreement at the end of the current Agreement term.
7. Termination.
A. This Agreement may be terminated by either party upon Ten (10) days prior
written notice to the other party in the event of a substantial failure by the other party to fulfill its
obligations under this Agreement through no fault of the terminating party.
B. In the event of termination as provided for in this paragraph, the Town shall
pay the County in full for Services performed to the date of notice of termination plus any
Services the Town deems necessary during the notice period. Said compensation shall be paid
upon the County's delivering or otherwise making available to the Town all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as may
have been accumulated by the County in performing the Services included in this Agreement,
whether completed or in progress.
8. Insurance.
8.1 The County shall procure and maintain, and shall cause any subcontractor of County
to procure and maintain, the minimum insurance coverages listed below. Such coverages shall
be procured and maintained with forms and insurers acceptable to the Town. All coverages shall
be continuously maintained to cover all liability, claims, demands, and other obligations assumed
by County pursuant to paragraph 17 of this Agreement. In the case of any claims-made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.
A. Workmen's Compensation Insurance and Employer's Liability Insurance to
cover obligations imposed by applicable laws for any employee of County or a subcontractor
engaged in the performance of work under this Agreement.
B. General liability insurance with minimum combined single limits of One
Million Dollars ($1,000,000) each occurrence and One Million Dollars ($1,000,000) aggregate.
The policy shall be applicable to all premises and operations. The policy shall include coverage
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for bodily injury, broad form property damage (including completed operations), personal injury
(including coverage for contractual and employees' acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision.
C. Comprehensive Automobile Liability insurance within minimum single limits
for bodily injury and property damage of not less than One Million Dollars ($1,000,000)each
occurrence and One Million Dollars ($1,000,000) aggregate with respect to each of County's
owned, hired or non-owned vehicles assigned to or used in the performance of this Agreement.
The policy shall contain a severability of interests provision.
8.2 The policies required by subparagraphs B and C, above, shall be endorsed to include
the Town and the Town's officers and employees as additional insureds. Every policy required
above shall be primary insurance, and any insurance carried by the Town, its officers, or its
employees, or carried by or provided through any insurance pool of the Town, shall be excess
and not contributory insurance to that provided by the County. The County shall be solely
responsible for any deductible losses under any policy require above.
8.3 A certificate of insurance shall be completed by the County's insurance agent and
provided to the Town as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the Town
prior to commencement of the Agreement. County shall notify the Town within ten (10) days if
the coverages afforded under the policies are materially changed. The completed certificate of
insurance shall be sent to: Town Clerk, Town of Erie, P.O. Box 750, Erie, Colorado 80516.
8.4 Notwithstanding any other portion of this Agreement, failure on the part of County to
procure or maintain policies providing the required coverages, conditions, and minimum limits
shall constitute a material breach of this Agreement for which the Town may immediately
terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or
any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all money so paid by the Town shall be repaid by the County to the Town upon
demand, or the Town may offset the cost of the premiums against any money due to the County
from the Town.
8.5 The parties hereto understand and agree that both the Town and the County are
relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as from time to time amended,
or any other law, protection or limitation otherwise available to the Town and the County, their
officers, or employees.
9. Payment of Subcontractors. County shall contract with and pay any and all
subcontractors used by County in the performance of the Work. The Town shall in no event have
any liability to any subcontractor, and County shall hold the Town harmless with respect to any
payments alleged to be due to County's subcontractors.
10. Compliance with Applicable Laws. In connection with the execution of this
Agreement, the County shall not discriminate against any employee or applicant for employment
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because of race, religion, color, sex, national origin, or disability. Such actions shall include, but
not be limited to the following: employment; upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The County shall comply with the Americans
with Disabilities Act(Public Law 101-336), and all applicable regulations and rules promulgated
by the Equal Employment Opportunity Commission and the Colorado Civil Rights Commission.
At all times during the performance of the contract, the County shall strictly adhere to all
applicable federal, state and Town laws that have been or may hereafter be established. This
shall include, without limitation,the United States Department of Labor standards. As used in
this section, and hereafter, the term "laws" shall include, without limitation, all federal, state and
Town codes, charters, ordinances, laws, standards, rules and regulations. The indemnification
and termination provisions of this Agreement shall apply with respect to the County's failure to
comply with all applicable laws or regulations.
11. Prohibited Interest.
A. The County agrees that it presently has no interest and shall not acquire any
interest,direct or indirect, which would conflict in any manner or degree with the performance of
its Services hereunder. The County further agrees that in the performance of the Agreement, no
person having any such interest shall be employed.
B. No official or employee of the Town shall have any interest, direct or indirect,
in this Agreement or the proceeds therefrom.
12. Independent Contractor. The County shall perform all Services as an independent
contractor, and nothing in this Agreement is intended to or shall create a relationship of
employer-employee,joint venturers, or partners, between the parties. The County shall be solely
responsible for all federal and state income taxes attributable to the monies payable to the County
for the Services.
13. Use of Information. The County shall not use the information, drawings, reports,
documents, memoranda, research, plans, analysis, maps, photographs, designs, information and
work product either provided by the Town or generated by the County pursuant to this
Agreement, or provided to the County by other contractors for the Town, for its own account, or
another's account, or in any manner detrimental to the Town. The Town acknowledges the need
to share said information and items referred to hereinabove with the County's subcontractors
under this Agreement, and hereby approves such sharing and use.
14. Acknowledgement of Ownership. County acknowledges that all drawings
documents, information and materials relating to the Services performed and the Work for which
the Services are performed, as well as those items described in paragraph 14, are or shall become,
upon termination of this Agreement, the exclusive property of the Town.
15. Return of Information. Promptly upon the Town's request, and in any event upon
the termination of this Agreement for any reason, all documents, materials and writings, as well
as those items described in paragraph 14, and all copies thereof provided by the Town to the
County, directly or indirectly, shall be returned by the County to the Town.
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16. Liability. The County shall exercise in its performance of the Services hereunder
the standard of care required by Colorado law. The County shall be liable to the Town for any
loss, damages or costs incurred by the Town due to Work which is deficient or defective as a
result of any failure of the County to comply with this standard.
17. Communications. All communications relating to the day to day Services for the
Work shall be exchanged between the representatives of the Town and the County who will be
designated by the parties promptly upon commencement of the Services.
18. No Assignment. County's duties and obligations pursuant to this Agreement
require a particular expertise and skill, and may not be assigned to any third party or agency
without the express written consent of the Town, which consent may be withheld at the sole
discretion of the Town.
19. Notices. Any notices required or permitted hereunder shall be sufficient if
personally delivered or if sent by certified mail, return receipt requested, addressed as follows:
If to the Town: Town Administrator
Town of Erie
P.O. Box 750
Erie, Colorado 80516
With a copy(which shall not
constitute notice)to: Mark R. Shapiro
Mark R. Shapiro, P.C.
1650 38th Street, Suite 103
Boulder, Colorado 80301
If to the County: Board of County Commissioners
County of Weld
P.O. Box 758
Greeley, Colorado 80632
With a copy(which shall not
constitute notice) to: Bruce T. Barker
Weld County Attorney
Weld County Attorney's Office
P.O. Box 758
Greeley, Colorado 80632
Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective
three (3)business days after mailing.
20. Agreement Subject to Annual Appropriation.
A. The parties hereto understand and agree that sufficient amounts have been
budgeted for compensation for work done pursuant to this Agreement for the current fiscal year
ending December 31, 2006. This is a full and lawful appropriation as required by appropriate
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statute for this Work. In the event that the Town fails to appropriate sufficient funds to cover any
compensation which may become due for the fiscal year beginning January 1, 2007, then, and in
that event, this Agreement shall immediately terminate as of December 31, 2006, without further
action of any party. The Town shall provide notice to County prior to December 31, 2006, as to
whether an appropriation has been made for further work anticipated following December 31,
2007.
B. The amount of money appropriated by the Town is equal to or in excess of
the Agreement amounts due herein for the current fiscal year.
C. The Town shall be prohibited from issuing any change order or other form
of order or directive requiring additional compensable work to be performed, which work causes
the aggregate amount payable under this Agreement to exceed the amount appropriated for the
original Agreement, unless County is given written assurance by the Town that lawful
appropriations to cover the cost of the additional work have been made or unless such work is
covered under a remedy-granting provision in this Agreement.
21. Prohibition Against Employment of Illegal Aliens.
A. By its signature on this Agreement, County certifies that, as of the time of
its signature, it does not knowingly employ or contract with an illegal alien and that, in order to
verify that it does not employ any illegal aliens,the County has participated or attempted to
participate in the basic pilot employment verification program ("Basic Pilot Program") created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland Security.
B. County agrees that it shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement; and that it shall not enter into a contract with
a subcontractor that fails to certify to the County that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract.
C. County has verified or attempted to verify through participation in the
Basic Pilot Program that the County does not employ any illegal aliens. If County has not been
accepted into the Basic Pilot Program prior to entering into this Agreement, County shall apply to
participate in the Basic Pilot Program every three months until the County is accepted or work
under this Agreement has been completed, whichever is earlier. This requirement shall not apply
if the Basic Pilot Program is discontinued.
D. County shall not use Basic Pilot Program procedures to undertake
preemployment screening of job applicants while work under this Agreement is being performed.
E. If County obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, the County shall: (I)
notify the subcontractor and the Town within three days that the County has actual knowledge
that the subcontractor is employing or contracting with an illegal alien; and(2)terminate the
subcontract with the subcontractor if within three days of receiving the notice required herein,
the subcontractor does not stop employing or contracting with the illegal alien; except that the
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County 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.
F. The County shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
Department is undertaking pursuant to the authority established in C.R.S. section 8-17.5-101(5).
G. If County violates a provision of this Paragraph 22,the Town may
terminate this Agreement for breach of contract. If the Agreement is so terminated, the County
shall be liable for actual and consequential damages to the Town. County understands that, in
the event of such a termination. Town is required to notify the office of the Colorado Secretary of
State.
22. Attorney's Fees; Interest. In any action brought to enforce the provision(s)of this
Agreement,the prevailing party shall be entitled to an award of all reasonable attorney's fees and
costs, including expert witness' fees, expended or incurred, to be recovered as part of the costs
therein. Any fees and expenses not paid to County by the Town when due shall earn interest at
the rate of eight percent(8%) per annum.
23. Waiver. Failure to insist upon strict compliance with any of the terms, covenants,
and/or conditions hereof shall not be deemed a waiver of such terms, covenants or conditions,
nor shall any waiver or relinquishment of any right or power hereunder at any one time or more
times be deemed a waiver or relinquishment of such right or power at any other time or times.
24. Amendments to Agreement. No changes, alterations or modifications to any of
the provisions hereof shall be effective unless contained in a written agreement signed by both
parties.
25. Entire Agreement. This Agreement shall constitute the entire agreement between
the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations
and letters of intent, whether written or oral, pertaining to the Services.
26. Situs, Venue and Severability. The laws of the State of Colorado shall govern the
interpretation, validity, performance and enforcement of this Agreement. For the resolution of
any dispute arising hereunder, venue shall be in the Courts of the County of Weld, State of
Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the
validity and enforceability of the remaining provisions of this Agreement shall not be affected
thereby.
27. Paragraph Headings. Paragraph headings are inserted for convenience only and in
no way limit or define the interpretation to be placed upon this Agreement.
28. Binding Agreement. This Agreement shall be binding upon and for the benefit of
the parties hereto, their successors and assigns.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the
day and year first-above written.
TOWN:
TOWN OF ERIE,
a Colorado municipal corporation
By:
C7C)
Andrew J. oore, Mayor
SEAL
ATTEST:
By:
N y P e , Town Clerk
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF THE COU OF WELD
By:
M.J. G ile, Chair, Board of 11/20/2006
County Commissioners of the County of Weld
ATTEST: jjaia /l
By
Donald D.^`� ,14c \, Board of
County Co ssi titi7 . r,t of Weld ,
1861 ei• g .,:4 / 11Li�
.li �: Cler to tit Board
Final 11.9.06 Weld Services -•�;: W
8
0?Oo4- 3i?/
EXHIBIT "A"
(Services to be provided by County)
1. The County shall conduct quarterly inspections of any solid waste sites holding
certificates of designations and to review new or amended certificates of designation, as
determined by the Town. A summary of each inspection will be provided to the Town
w/in 10 business days of completion.
2. The County shall conduct technical reviews of technical reports and documents created
as the result of the operation of solid waste sites, as determined by the Town, and provide
appropriate recommendations to the Town.
3. The County shall investigate complaints of any solid waste site that originate from
members of the public or employees of the Town, as determined by the Town. The
County will provide the Town of a summary of any complaint that is verified to be a
violation of Town, State, or Federal rules and regulations.
4. The County, except as otherwise set forth in this Agreement, shall not be responsible for
the enforcement or administration of any Certificate of Designation nor the final
consideration of new sites except that staff of the County may be called as witnesses in
any administrative or court proceeding.
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EXHIBIT "B"
(Payment Schedule and reimbursable expenses description and limit)
I. The Town agrees to pay the County for services rendered that are described in Exhibit A.
Payment will be based upon the hourly rate established by the Board of County
Commissioners for"Environmental Health Specialist Field Time" (currently
$35.00/hour).
2. The County will submit a bill to the Town on a quarterly basis for any services rendered.
3. The County agrees to seek approval from the Town prior to spending in excess of 60
hours, in any given quarter, for any of the services described in Exhibit A.
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� � , 44:1‘,#:-...4--.` th, Mike N. Aciator
�YN.4:e 1 ' �. vm ' [own Administrator
.i-'>• .` '.i,.�.. -.>w' 645 Holbrook Street
w'E" ' ' v t • ' PC). Box 750
TOWNOF ERIE a , Ene.Colorado 80516
r 8-14 - Phone 303-926-?710
TOWN OF ERIE Fax: 303-926-2706
Email: mactmovic&dci.ene.co.us
November 15,2006 I R 7 A Website. wwwcrieco.eov
Mr. Donald D. Warden
Clerk to the Board of County Commissioners
Of the County of Weld
915 10th Street
P.O. Box 758
Greeley,CO 80632
Re: Landfill Inspection/Services Agreement '
Intergovernmental Agreement for Solid Waste Disposal Sites
Dear Mr. Warden:
Attached are two signed copies of the above captioned agreements. We would appreciate
your obtaining the necessary signatures for the County and returning one original of each
agreement to the attention of the Town Clerk.
Please do not hesitate to contact me if there are any questions or concerns. Thank you for
your assistance.
Sincerely,
N cy J. er
Town Clerk
End.
645 Holbrook •P.O. Box 750•Erie, Colorado,80516• Phone(303)926-2700•Fax(303)926-2705
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