HomeMy WebLinkAbout20020968.tiff RESOLUTION
RE: APPROVE MASTER SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
ARMORED ARCHIVES
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 Master Services Agreement 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 Social Services, and Armored Archives, with
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, ex-officio Board of Social Services, that the Master Services
Agreement 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 Social Services, and
Armored Archives 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 22nd day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUN7, COLORADO
ATTEST:44W
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\Gle Vaad, Chair
Weld County Clerk to the ar ' " \ Cr,
1861 4 cal
avid E. L g, Pro-Tem
BY: •
Deputy Clerk to the Bo l7,V � 27,1
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M. J. eile
R.PRQVED A RM:
William H. Jerke
ounty Attorney
R bert D. Malden
Date of signature: 5�
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2002-0968
ere Ja Ye� ,,,,o, SS� SS0029
MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT (the "Agreement") effective upon
acceptance of this Agreement by ARMORED ARCHIVES (the "Effective Date"), by and
between ARMORED ARCHIVES, having its principal place of business located at 715
Seventh Street, Greeley, Colorado 80631 ("ARMORED ARCHIVES"), and Weld
County Department of Social Services, having its principal place of business located at
315 N. 11th Avenue Greeley CO. 80631 ("Client").
Client wishes to have ARMORED ARCHIVES perform certain services and
ARMORED ARCHIVES wishes to provide such services subject to the terms and
conditions set forth herein. Therefore, in consideration of the mutual covenants and
agreements contained herein, which the parties hereby acknowledge comprises adequate
and sufficient consideration, the parties to this Agreement hereby agree as follows:
1. STORED MATERIAL.
From and after the Effective Date for a period of one (1) year, ARMORED
ARCHIVES shall store and service the (the "Stored Material") identified on the
attached Schedule. Client and ARMORED ARCHIVES may modify or add to
the Stored Material included in the Schedule A of Stored Material by written
agreement. Such additional materials shall, unless otherwise indicated in writing
be deemed to be held under the same terms and conditions as the Stored Material.
2. ACCEPTANCE.
In the absence of an executed contract, the act of tendering said material for
storage and/or other services by ARMORED ARCHIVES constitute acceptance
by Client to the terms, conditions and rates of this Agreement.
3. RATES.
Client agrees to pay ARMORED ARCHIVES for its services according to
ARMORED ARCHIVES' then current Schedule of Rates and any revisions
thereto. Rates may be changed upon thirty (30) days' notice to the Client. For
Stored Material received during a month or stored for a portion of a month,
charges will be assessed according to the Schedule of Rates. Additional charges,
if any shall be paid simultaneously with the monthly rates.
4. ACCESS TO STORED MATERIAL.
a. Stored Material and information contained in said Stored Material shall be
delivered only to Client's Authorized Representative. Client represents that
the Authorized Representative has full authority to order any service for or
removal of the Stored Material, and to deliver and receive such. Such order
200 _C l et
may be given in person, by telephone, in writing or by fax on a service
request form.
b. When Stored Material is ordered out, a reasonable time shall be given to
ARMORED ARCHIVES to carry out said instructions and if it is unable to do
so (or to provide any other service herein contemplated) because of acts of
God or public enemy, seizure or legal process, strikes, lockouts, riots and civil
commotions, or other reason beyond ARMORED ARCHIVES' control or
because of loss or destruction of goods for which ARMORED ARCHIVES is
not liable or because of applicable laws or regulations by law, ARMORED
ARCHIVES shall not be liable for failure to can-y out such instructions or
services.
c. ARMORED ARCHIVES reserves the right to deny access to or delivery of
the Stored Material until such time as Client has cured any default under this
Agreement.
d. Client's Authorized Representatives shall have the right at reasonable times
and upon reasonable notice to examine the media and/or records and
compilations of data of ARMORED ARCHIVES, which pertain to the
performance of the provisions of the Agreement.
5. LIMITATION OF LIABILITY.
ARMORED ARCHIVES' LIABILITY, IF ANY, FOR LOSS, DAMAGE, OR
DESTRUCTION TO THE STORED MATERIAL SHALL BE LIMITED TO
THE ASSUMED VALUE UNLESS AN EXCESS VALUATION IS
DECLARED. IN WHICH CASE, ARMORED ARCHIVES' LIABILITY
SHALL BE LIMITED TO SUCH EXCESS VALUATION. IN NO EVENT
SHALL ARMORED ARCHIVES BE LIABLE FOR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES. SUCH LIMITATION OF LIABILITY SHALL
APPLY IRRESPECTIVE OF THE CAUSE OF LOSS, DAMAGE. OR
DESTRUCTION OF THE STORED MATERIAL.
a. Stored Material is not insured by ARMORED ARCHIVES against
loss or injury, however caused.
b. The Client understands and acknowledges that normal deterioration
and aging of all record media occurs with time.
c. Claims by the Client for loss, damage, or destruction must be
presented in writing to ARMORED ARCHIVES within a reasonable
time and in no event longer than sixty (60) days after delivery or return
of the Stored Material to the Client or sixty (60) days after Client if
notified that loss, damage or destruction to part or all of said Stored
Material has occurred, whichever time is shorter.
d. No action or suit may be maintained by the Client or other against
ARMORED ARCHIVES for loss, damage or destruction of the Stored
Material by ARMORED ARCHIVES pursuant to this Agreement,
unless timely written claim has been given as provided in Section 5(c)
Page 2 of 6
of this Agreement, and unless such action or suit is commenced either
within nine (9) months after date of delivery or return by ARMORED
ARCHIVES or within nine (9) months after the Client is notified that
loss, damage or destruction to part or all of said Stored Material has
occurred, whichever is shorter.
6. TERM.
Unless sooner terminated as provided herein, the term of this Agreement shall
continue until the Authorized Representative gives ARMORED ARCHIVES
reasonable, at least sixty (60) days advance written notice of a termination date
and an address for delivery of the Stored Material. Client acknowledges that
ARMORED ARCHIVES must reserve space for storage of its deposits in its
buildings.
7. DEFAULT.
The occurrence of any one or more of the following events shall constitute a
default ("Events of Default"):
a. Failure to pay any sum due hereunder within fifteen (15) days of when
due; or,
b. Breach of any provision of this Agreement; or,
c. Client becomes insolvent or files or has filed against it any proceeding
in federal or state court seeking debtor relief.
Upon the occurrence of any of the Events of Default, ARMORED ARCHIVES, at
its sole option, may exercise any or all of the following remedies without
terminating the Agreement:
d. Demand in writing that Client pick up the Stored Material; or,
e. Deliver the Stored Material to the Delivery Address, or if none
specified, to the Client's address and charge a delivery and retrieval
fee.
f Upon thirty (30) days advance written notice to Client, ARMORED
ARCHIVES may destroy the Stored Material. In this regard, the
Client recognizes that since the Stored Material has little or no market
value, that sale of the Stored Material would be impossible and
destruction is the only way for ARMORED ARCHIVES to mitigate its
damages.
g. If this Agreement shall not have been terminated, Client shall continue
to pay all sums due under this Agreement up to and including the date
of delivery of the Stored Material as provided in Section 7(e) above.
h. Terminate this Agreement whereupon ARMORED ARCHIVES shall
recover all damages suffered by reason of such termination including,
without limitation, all unpaid storage charges
Page 3 of 6
i. Any and all monies past due ( 15 days after date of invoice ) will be
subject to a $15.00 late fee and a 1.75% interest every month..
In the event ARMORED ARCHIVES takes any action pursuant to this Section; it
shall have no liability to Client or anyone claiming through Client. The exercise
by ARMORED ARCHIVES of any one or more of the remedies provided in this
Agreement shall not prevent the subsequent exercise by ARMORED ARCHIVES
of any one or more of the other remedies herein provided. All remedies provided
for in this Agreement are cumulative and may, at the election of ARMORED
ARCHIVES, be exercised alternatively, successively or in any other manner and
are in addition to any of the rights provided by law. ARMORED ARCHIVES
shall be entitled to include all reasonable attorneys' fees and costs incurred in
connection with the enforcement of this Agreement.
8. DESTRUCTION OF USELESS RECORDS.
Upon written instructions from the Client or Authorized Representative,
ARMORED ARCHIVES may destroy Stored Material. ARMORED ARCHIVES
will not destroy any of such Stored Material without an employee Client of Social
Services present. The Client releases ARMORED ARCHIVES from all liability
by reason of the destruction of such Stored Material pursuant to such authority.
9. TITLE WARRANTY.
The Client warrants that it is the owner or legal custodian of the Stored Material
and has full authority to store said Stored Materials in accordance with the terms
and conditions of this Agreement.
10. INDEMNIFICATION.
Unless caused by the gross negligence of ARMORED ARCHIVES, the Client
agrees to fully indemnify and hold harmless ARMORED ARCHIVES, its
officers, employees and agents for any liability, cost or expense, including
reasonable attorneys' fees that ARMORED ARCHIVES may suffer or incur as a
result of claims, demands, costs or judgments against it arising out of its relations
with the Client or third parties pursuant to this Agreement.
11. RULES.
a. The Client agrees to comply with the Standard Operating Procedures of
ARMORED ARCHIVES.
b. The Client shall not, at any time, store with ARMORED ARCHIVES, any
narcotics, materials considered to be highly flammable, explosive, toxic,
radioactive, organic material which may attract vermin or insects, or any other
materials which are otherwise illegal, dangerous and unsafe to store or handle
in a closed area. ARMORED ARCHIVES reserves the right to open and
inspect any Stored Material tendered from storage and refuse acceptance of
any Stored Material which fail to comply with ARMORED ARCHIVES'
Page 4 of 6
storage restrictions and guidelines. Stored Material will be sealed starting 2-
25-2002 and only the Client or Authorized Representative from Weld County
Dept. of Social Services will be allowed to index any and all Stored Material.
12. CONFIDENTIALITY.
ARMORED ARCHIVES and its employees shall hold confidential all
information obtained by it with respect to Client's Stored Material. ARMORED
ARCHIVES shall exercise that degree of care in safeguarding deposits entrusted
to it by Client which a reasonable and careful company would exercise with
respect to similar records of its own, provided, however, that liability of
ARMORED ARCHIVES to Client shall be limited as set forth in Schedule A.
13. MISCELLANEOUS.
This Agreement (together with any Schedules attached and documents
incorporated herein) constitutes the entire Agreement between the parties and
supercedes any and all prior agreements, arrangements and understandings,
whether oral or written, between the parties. This Agreement shall not be
assigned by Client without the prior consent of ARMORED ARCHIVES. No
modification of this Agreement shall be binding unless in writing, attached hereto,
and signed by the party against which it is sought to be enforced. No waiver of
any right or remedy shall be effective unless in writing and nevertheless shall not
operate as a waiver of any other right or remedy on a future occasion. Every
provision of this Agreement is intended to be severable. If any term or provision
is illegal, invalid, or unenforceable provision, there shall be added automatically
as a part of this Agreement, a provision as similar in terms as necessary to render
such provision legal, valid, and enforceable. This Agreement shall be construed
in accordance with the laws of Colorado without giving effect to its conflict of
law principles. All Schedules, if any, attached hereto are hereby incorporated by
reference and made a part hereof. The term "Agreement" as used herein shall be
deemed to include all such Schedules. All notices under this Agreement shall be
in writing. Unless delivered personally, all notices shall be addressed to the
appropriate address noted herein or as otherwise noted in writing in accordance
with this provision. Notices shall be deemed to have been received as of the date
of posting if mailed in accordance with this Section. All words and phrases in this
Agreement shall be construed to include the singular or plural number, and the
masculine, feminine, or neuter gender, as the context requires. Nothing in this
Agreement shall be deemed or construed to constitute or create a partnership,
association, joint venture, or agency between the parties hereto.
AGREED TO AND ACCEPTED BY: AGREED TO AND ACCEPTED BY:
ARMORED ARCHIVES WELD CO. DEPT. OF SOCIAL SERVICES
Page 5 of 6
Name Name
Title Title
Date ta't- . i�J
Name Name l
if
Title Title
2- 25oz (.
Date Date
Chairman, Board of (xxntY 'ommissioners
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ATT :SII I� // `� E i
WELD COUNTY CLERK T.` Fir �`
BY: 1� S3O 4�
DEi'U IY CLERK TO r . -r't►
Page 6 of 6
1. STORAGE.
Business Records: $ .25 per one cube box per month.
Storage Minimum: $25.00 per month.
2. TRANSPORTATION.
DELIVERY
Next Day
$10.00 Service call fee per run
$10.00 for the first 4 boxes (or less), $1.00 each additional box.
Call by 4:00 p.m. for delivery by 4:00 p.m. the next business day.
(plus retrieval fee)
Same Day
$15.00 for the first 4 boxes, $1.00 each additional box.
Call by 12:00 noon for delivery by 5:00 p.m.
(plus retrieval fee)
Rush
$35.00 for the first 4 boxes, $1.00 each additional box.
Delivery within 3 hours of request.
(plus retrieval fee)
After Hours/Weekends/Holidays
$60.00 for the first 4 boxes, $1.00 each additional box.
ARMORED ARCHIVES
(plus retrieval fee)
PICKUP
$10.00 for the first four boxes $1.00 each additional box. Scheduled within
48 hours of request. (plus refile fee)
3. MANAGEMENT SERVICES.
Services during normal business hours, Monday through Friday 9:00 a.m. to 4:00
p.m., excluding holidays.
Faxes: $ .55 per page.
Copies: $ .25 per page.
Indexing of files ( Taking Inventory/Cataloging the contents of a box ).
Indexing of Files: $ .30 Per File ($25.00 Minimum)
Box Repacking ( Transfering the contents of one box to another due to damage
or/and improperly sized box).
Box Repacking: $15.00 Per Hr
4. DESTRUCTION.
Destruction: The preparation and certified destruction of records: $.25 per pound.
Permanent Removal: The preparation, documentation, and permanent withdrawal
of records: $2.00 per cubic foot plus retrieval.
Data Destruction Cart: $16.00 per pickup for 16 Gallon
ARMORED ARCHIVES
$21.00 per pickup for 21 Gallon
$25.00 per pickup for 32 Gallon
$30.00 per pickup for 38 Gallon
$50.00 per pickup for 64 Gallon
Date destruction cart requires a $50.00 account set up fee and a $50.00 refundable
deposit.
5. STORAGE SUPPLIES.
1 Cube Box: $1.80 Box Bar Code Labels: $10.00 (84labels)
2 Cube Box: $4.00 File Bar Code Labels: $10.00 (112 labels)
Check Box: $2.30 Users Guide: $20.00
X Ray Box: $2.30 Retention Booklet: $20.00
New Box Invent. Form: $10.00 per 25 pack
Service Request Form: $ 5.00 per 25 pack
as � d.
`t' DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
iii - WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
O Child Support(970)352-6933
MEMORANDUM
COLORADO TO: Glenn Vaad, Chair Date: April 3, 2002
Board of County Commissioners
i (iFR: Judy A. Griego, Director, Social Services_ ,, t (� +.., 1,
RE: Master Services Agreement Between Weld'County Department of
Social Services and Armored Archives
Enclosed for Board approval is a Master Services Agreement between Weld County
Department of Social Services and Armored Archives.
The major provisions of the Agreement are as follows:
1. The term of the Agreement begins the effective date the Board signs the
Agreement with a thirty-day termination date.
2. Social Services agrees to pay Armored Archives according to the Schedule of
Rates provided in the Agreement including storage, transportation, management
services, destruction, and storage supplies.
3. The Agreement meets the storage and disposal requirements approved by the
Internal Revenue Service and the Food Stamp Division of the Colorado
Department of Human Services.
If you have any questions, please telephone me at extension 6510.
2002-0968
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