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Home My WebLink About20090904.tiffMarch 13, 2012 OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 National Recycling Inc. Attn: Carey Smith, President 19009 Hwy 392 Lucerne, CO 80646 Dear Carey: In mid -January 2012, the Buildings and Grounds Department noticed the secure document destruction/recycling bins were not being emptied as scheduled. Our records indicate you notified Toby Taylor, Weld County Buildings & Grounds Coordinator, on or about February 1, 2012, that National Recycling, Inc. had dissolved its partnership/company and a paper destruction/recycling division as well. In addition, you expressed the desire to keep Weld County's secure document destruction contract but operate it under your newly formed company. Due to the circumstances, this notice has forced Weld County to pursue a new competitive bid for secure document destruction. Please consider this letter your notice of termination of the contract between National Recycling and Weld County which was awarded as a result of Bid # 0900089. You are encouraged to participate in the new bid process with your newly formed company. The bid specifications will be advertised on Weld County's web site at www.co.weld.co.us, click on Department, then Purchasing. Sincerely, BOARD OF COUNTY COMMISSIONERS Sean P. Conway, Chair �—) (�cwwnu.✓� � C��'wi 3_iq_ la AGREEMENT FOR DOCUMENT DESTRUCTION SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and National Recycling, Inc., whose address is 19009 Hwy 392, Lucerne, Colorado 80646 ("Contractor"). WITENSSETH: WHEREAS, County desires to retain Contractor as an independent contractor to perform the document destruction services as more particularly set forth herein; and WHEREAS, Contractor has the time available to timely perform the document destruction services, and is willing to perform such services according to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from May 11, 2009, through and until May 10, 2010; however, this Agreement shall renew automatically for four (4) additional one (1) year terms thereafter, unless sooner termination is made as provided for in paragraph 11, below. 3. Services to be Performed. Contractor agrees to perform the document destruction services ("Services") as listed in the bid documents submitted by Contractor in response to REQUEST NO. B0900089, dated April 14, 2009, which is attached hereto as Exhibit "A," and incorporated herein. The Services shall be performed as described in Exhibit A. 4. Compensation. County agrees to pay Contractor for all of the Services performed at the rates stated in Exhibit A. No additional amounts shall be paid to Contractor. 5. Additional Work Beyond That Stated in Exhibit A. In the event the County shall require changes in the scope, character, or complexity of the work to be performed that goes beyond the items set forth in Exhibit A, this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation of this Agreement. 1 ('Con _.5 en7t en /a - 62//7/d z5& /oze ooq- oc/ 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement and shall conform to the performance standards and requirements set forth in Exhibit A. 8. Reports County Property. All reports, test results and all other tangible materials produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Acceptance not Waiver. Upon completion of the work and, if applicable, Contractor shall submit to County originals of any test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any of the Services performed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. Contractor shall include the County, its officers and agents, as additional named insureds on a property, casualty, and liability insurance policy, at a minimum of $600,000 coverage limit per occurrence, $150,000 per person. 11. Termination. Either party may terminate this Agreement at any time by providing the other party with a thirty (30) day written notice thereof. Furthermore, this Agreement may be terminated immediately at any time without notice upon a material breach of the terms of the Agreement. In the event of an early termination, Contractor shall be paid for work performed up to the time of notice and County shall be entitled the use of all material generated pursuant to this Agreement. 12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 2 13. Access to Records. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit ninety (90) days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3 24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written above. ATTEST: 1)7"'a'"f Weld County Clerk CONTRACTOR: NATIONA ' EC (CLING, INC. By: Title: Date: 6 I 0 l 0 COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By .r . •i!-�.!.?r -"�� i By: Deputy C rk t 4 William F. Garcia, Chairman JUN 1 7 2009 o,'c09- O90V (tom COLORADO MEMORANDUM To: Board of County Commissioners From: Toby Taylor Re: Document Destruction Bid B0900089 Date: May 5, 2009 As advertised, this bid is to provide secure document destruction capability. After careful review of all proposals, Buildings and Grounds recommends the bid from National Recycling Inc. be awarded for document destruction. In addition, this bid explored the possibility of a recycling option. At this time, we do not recommend awarding recycling option. If you have any questions, please contact me at extension 2023. 00/,2. -D9DV WELD COUNTY PURCHASING 915 10TH Street Greeley CO 80631 E -Mail: mwaltersAco.weld.co.us E-mail: reverett@co.weld.co.us Phone: (970) 356-4000, Ext. 4222 or 4223 Fax: (970) 336-7226 QUALITY BASED PROPOSAL DATE OF BID: April 16th, 2009 REQUEST FOR: Document Destruction & Recycling Services DEPARTMENT: Buildings & Grounds Dept. BID NO: #B0900089 PRESENT DATE: April 20th, 2009 APPROVAL DATE: May 4th, 2009' Car+ 1i Mai IL 3L1i VENDOR NATIONAL RECYCLING INC 19009 HWY #392 LUCERNE CO ALL AMERICAN SHREDD & RECYCLING INC PO BOX 8313 DENV ER CO 80201 XPRESSHRED LLC 2707 W MANSFIELD AVENUE ENGLEWOOD CO 80110 CINTAS DOCUMENT MANAGEMENT 3925 MONACO PKWY UNIT #A DENVER CO 80207 RECALL SECURE DOCUMENT DESTRUCTION INC 3891 PARIS STREET DENVER CO 80239 APEX SHREDDING INC 4717 KAREN COURT BERTHOUD CO 80513 SCHAEFFER ENTERPRISES INC (formerly know as Schaeffer Rehabilitation Center) P O BOX 200009 EVANS CO 80602 5/z//29 TOTAL TOTAL RECYCLE RECYCLE MONTHLY YEARLY ALUMINUM PLASTIC $1,768.00 $5,425.00 $22,216.00 $280.00/MONTH-$3,360.00/YR (for plastic, aluminum & glass together in one 90 gal or 200 gal container) $65,100.00 $280.00/MONTH-$3,360.00/YR (for plastic, aluminum & glass together in one 64 gal container) $1,482.00 $17,784.00 NO BID $1,892.03 $22,704.11 NO BID $2,486.00 $29,832.00 NO BID (won't be charged for full bin if bin is not full) $2,325.00 $30,225.00 NO BID $2,790.00 $33,480.00 NO BID Q? 6 0 o/ 2 2009 -O 94 Page 2 REQUEST FOR: Document Destruction & Recycling Services DEPARTMENT: Buildings & Grounds Dept. BID NO: #B0900089 VENDOR SHRED -IT 1707 E 58TH AVENUE DENVER CO 80216 PROFESSIONAL DOCUMENT MANAGEMENT INC 1133 RIVERSIDE AVENUE FT COLLINS CO 80524 BAYAUD ENTERPRISES 333 WEST BAYAUD AVENUE DENVER CO 80223 TOTAL TOTAL RECYCLE RECYCLE MONTHLY YEARLY ALUMINUM PLASTIC $2,965.00 $3,100.00 $35,580.00 NO BID $37,200.00 NO BID $3,160.00 $37,920.00 NO BID Hello