HomeMy WebLinkAbout20081034.tiff RESOLUTION
RE: APPROVE SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - THERMO
FLUIDS, INC.
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 a Services Agreement for fluid and solid
waste recovery and recycling between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County,on behalf of the Department of Public Health and
Environment, and Thermo Fluids, Inc., commencing April 4, 2008, and ending April 3, 2009, 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 Services Agreement for fluid and solid waste recovery and recycling
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and Environment,
and Thermo Fluids, Inc., 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 7.th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 2 is
Weld County £; ' L Board, g isbi Fr -ii r. ��nn
b D Ma Pro-Tem
BY: C-1176_ (torr
- ,! 9,
Deputy<Zlerk to the Board may,
William F. Garcia
A O A RM: EXCUSED
David E. Long
a
ounty Attorney n— <cc rti sie..9r-
, /� Dougla ademache
Date of signature: -60
2008-1034
HL0035
ffi : /7-Z_; -414E6Tho 6 o,ti i l P� Ott-07,2 -6i a'
Memorandum
TO: Marcia Walter, Purchasing Department
111 I
P C From: Trevor Jiricek,
Department of Public Health &
Environment
COLORADO DATE: April 1, 2008
SUBJECT: Contract w/Thermo Fluids, Inc.
Please find enclosed, for Board of County Commissioner signature, two signed copies of a
contract between Weld County and Thermo Fluids, Inc. This is a contract for wastes received at
the Household Hazardous Waste facilities. Specifically, it outlines our costs to dispose/recycle
anitifreeze, used oil filters, contaminated fuels, and oil contaminated with water. It also outlines
that Thermo will pay us for the used oil that the facility receives. The contract will result in
approximately$2,000/year in revenue for the County.
Background: Staff investigated three different potential contractors for these wastes.
Investigation included the receipt of price quotes, observation of their facilities, and discussion
with other clients. The companies investigated were: Thermo Fluids, Inc., Mesa Oil, and Safety
Kleen. When considering both economic and environmental factors, Thermo was the obvious
choice. Thermo serves such clients as Weld County Garage, Union Pacific Railroad, and
Garnsey Wheeler Ford (now Spradley).
Please return a signed copy to our Department. Do not hesitate to call me if you have questions.
Thanks!
2008-1034
el Thermo Fluids Inc.
The Responsible Solution
SERVICES AGREEMENT
1. GENERAL. Thermo Fluids Inc. ("TFI") agrees to provide to Weld County ("Customer") the fluid and solid
waste recovery and recycling services ("Services") described in Exhibit A on the express condition that Customer
agrees to accept and be bound by the terms and conditions set forth in this Agreement and as stated on the Thermo
Fluids "Customer Pickup Ticket". Any provisions contained in any purchase order or form agreement issued by
Customer will not operate to vary any of the terms and conditions set forth in this Agreement unless expressly agreed to
by TFI in writing.
2. FEES AND DURATION. The fees for the Services provided to Customer by TFI are also listed in Exhibit A.
All fees are subject to adjustment on account of specifications, quantities, shipment arrangements or other terms or
conditions which are not part of TFI's original price quotation. This Agreement will be valid for a period of one year
beginning on the date of execution of the contract. This agreement may be terminated by either party at any time by
giving written notice at least sixty(60)days prior to the effective date of termination.If this agreement is terminated by
Customer,TFI will be paid for all services performed on or before the effective date of termination.
3. TAXES AND OTHER CHARGES. It is understood by the parties that Customer is exempt from sales and use
taxes. The parties agree that TFI shall be responsible for any applicable sales and use taxes imposed on any supplies or
other items which TFI is obligated under this Agreement to provide at its own expense.TFI is also obligated to pay all
charges associated with its disposal Services as outlined in Exhibit A of this Agreement. However, any other taxes,
other than taxes based on TF1's net income or capital stock,imposed by any taxing authority and based on any Services
or other goods furnished under this Agreement,shall be paid by Customer.
4. TERMS OF PAYMENT. TFI's terms of payment are net ten (10) days from the date of invoice. If Customer
fails to pay any amounts when due,Customer agrees to pay TFI interest on such overdue amounts at a periodic rate of
1.5% per month together with all costs and expenses (including without limitation reasonable attorneys' fees and
disbursements and court costs)incurred by TFI in collecting such overdue amounts or otherwise enforcing TFI's rights
under this Agreement. All payments must be made in U.S.Dollars.
5. POINTS OF SERVICE DELIVERY / TFI'S DISPATCHING RESPONSIBILITIES. TFI will provide
Services to Customer at Customer's locations. Customer is responsible for informing TFI of all such locations and
requested service dates. Based on this information, TFI will dispatch appropriate resources to provide Services to
Customer in a fit,proper,and timely manner. All service dates are approximate only,and TFI will not be liable for any
loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond TFI's
reasonable control.
6. LIMITED WARRANTY. TFI warrants that the Services provided under this Agreement will comply with the
requirements expressly set forth in this Agreement and will otherwise be performed in accordance with generally
accepted industry practice by competent personnel. If any Services fail to comply with the foregoing standard, TFI
will, at its option,provided it is promptly notified in writing upon the discovery of such failure, either re-perform the
Services at no additional charge or refund to Customer all fees previously paid by Customer with respect to the non-
complying Services. Notwithstanding the foregoing, the cost to re-perform any Services which generates results
consistent with the original results and which are otherwise within generally accepted industry standards will be billed
pursuant to the fees set forth in Exhibit A of this agreement. The foregoing warranty is the sole and exclusive warranty
furnished by TFI in connection with the Services,and is in lieu of all other warranties of any kind, whether express or
implied,oral or written,including any implied warranty of merchantability or fitness for a particular purpose.
7. INSURANCE. TFI maintains and carries the following liability insurance:
(a) Comprehensive General Liability (CGL) insurance with limits of$1,000,000 for each occurrence and
$2,000,000 in the aggregate.
(b) Statutory workers'compensation and employer's liability insurance with limits of$1,000,000.
(c) Automobile liability insurance with limits of$1,000,000.
TFI will not materially change its insurance coverage unless it provides Customer with 30 days advance written notice.
8. LIMITATION OF LIABILITY. Any provision of this Agreement to the contrary notwithstanding,the liability
of TFI under this Agreement (whether by reason of breach of warranty, breach of contract, tort or otherwise, but
excluding any liability of TFI under Section 7 above), will not exceed an amount equal to the total fees paid by
67T e4, Fluids Inc.
�4 the Responsible Solution
Customer to TFI with respect to the Services giving rise to such liability. In no event will TFI be liabile for any
indirect, special, consequential or incidental damages (including without limitation damages for loss of facilities or
equipment,loss of revenue,loss of profits or loss of goodwill),regardless of whether TFI (a)has been informed of the
possibility of such damages or(b)is negligent.
9. NO WAIVER OF 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, nor shall any portion of this Agreement be deemed
to have created a duty of care which did not exist previously with respect to any person not a party to this Agreement.
10. NO THIRD PARTY BENEFICIARY ENFORCEMENT.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 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.
II. MISCELLANEOUS.
(a) Customer may not delegate any duties nor assign any rights or claims under this Agreement without
TFI's prior written consent,and any such attempted delegation or assignment will be void.
(b) The rights and obligations of the parties under this Agreement will be governed by and construed in
accordance with the laws of the State of Arizona.
(c) If any one or more of the provisions contained in this Agreement(other than the provisions obligating
Customer to pay TFI for the Services)is held by a court of competent jurisdiction to be invalid,illegal or
unenforceable in any respect, the validity,legality and enforceability of the remaining provisions of this
Agreement will not in any way be affected or impaired thereby.
(d) The remedies contained in this Agreement are cumulative and in addition to any other remedies at law
or in equity.
(e) TFI's failure to enforce, or TFI's waiver of a breach of, any provision contained in this Agreement will
not constitute a waiver of any other breach or of such provision.
(f) Any notice or communication required or permitted under this Agreement must be in writing and will be
deemed received when personally delivered or three business days after being sent by certified mail,
postage prepaid, to a party at the address specified in this Agreement or at such other address as either
party may from time to time designate to the other.
(g) This is the complete and exclusive statement of the contract between TFI and Customer with respect to
TFI's provision of the Services. No waiver, consent, modification, amendment or change of the terms
contained in this Agreement will be binding unless in writing and signed by TFI and Customer.
Accepted By:
For Thermo Fluids Inc: For Customer:Name: Name:x t , •,/// •
Title: Title:Chair,Weld County Board Ld of Commissioners
l
Signatur : Signature: W i I( (a,r%-' 1T• -tQ y '�-e.
Date: ° \'n / tô S� Date: 4k108
ea.Thermo Fluids Inc.
the Responsible Solution
Exhibit A
Pricing Schedule
Weld County
November 5, 2007
Used Oil: (oil, transmission fluid, hydraulic oil-with less than 5%water content)
Collection,Transportation,Documentation and Recycle Fees: $ .25 /Gallon
(Paid to Weld County Monthly)
Field Screen Halogen Test: No charge
Spent Antifreeze:
Collection, Transportation and Recycle Fee: No charge
Used Oil Filters:
Collection, Transportation and Recycle Fee: S 40.00 / 55ga1 Drum
(Paid to TFI Monthly) (Crushed/Uncrushed)
Contaminated Fuels: (Gas or Diesel)
Hydro-chlor Field Screen Test: No charge
Collection, Transportation and Recycle Fee: No charge
Oil impacted water: 5.1%to 15% No charge
Oil impacted water: 15.1%or higher $ .65 /Gallon
(Paid to TFI Monthly)
Accepted By:
For Thermo Fluids Inc: For Customer:
At /�
Name: ♦� � A 1r N Name:A. l�1 i L^�(} -, ' ^
Title: Title: +n^'-yly,.�� e ,
Si_ atu'���� j �!L� +%r t/ signature: �() �,il tQr%, 14. Serlre
Date: 0?)Ir)'CK I fI lJ Date: 41510B 1 OB
ark
g" Thermo Fluids Inc.
The Responsible Solution
12 March 2008
Weld County Dept of Public Health & Environment
Trevor Jiricek, M.A.
1555 N. 17th Ave
Greeley, CO 80631
RECEIVEDRE: Services Agreement
MAR 252008
Dear Trevor Jiricek, M.A., ENVIRONMENTAL HEALTH
SERVICES
Please find the following enclosed:
• Services Agreement
• Certificate of Insurance
• W9
ti
Attached, please find c partially executed copies of the Services Agreement. Please fully
execute both copies and return (1) original for our records. If you have any questions or
concerns, please do not hesitate to contact Beth Douglass, Contract Administrator at
602.768.0108.
Sincerely,
Melissa McDonald Thermo Fluids Inc.
Beth Douglass
Thermo Fluids Inc. 4301 W.Jefferson Street Contract Administrator
4301 W. Jefferson Street Phoenix,AZ 85043
Phoenix, AZ 85043 www.thermofluids.com bdouglass@thermotluids.com
(602)272-2400 Phone (800)350-7565 Toll Free
(602)477-8658 Fax (602)768-0108 Cell
Enclosures
'Thermo Fluids Inc.
The Responsible Solution
Great Basin Region Northwest Region Rocky Mountain Region South Central Region Southwest Region
3534 West 500 South '2533 Sr Carpenter Or 4845 or cut St;e-a 9900 North Croaaiey 4301 West Jefferson Sheet
Sal;Lake City,UT 54104 C.ukam3 OR 'n •i 5 Commerce City,0050022 Crowley,TX 76036 Phoenix.AZ.a-043
Rh: (801) 433:114 Ph: (503) 788-4612 Ph 130, 393-1118 Ph: (806)637-9336 Ph: (602) 272-2400
Far: 1801)433-1120 Far-(50 788-4629 Fax: (303) 93-110€ Far (806) 63'-4505 Ps,: (602) 272-341'
Hello