HomeMy WebLinkAbout941009.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR LATEX PAINT RECYCLING FOR HOUSEHOLD HAZARDOUS WASTE
PROGRAM BETWEEN HEALTH DEPARTMENT AND BANNER MANUFACTURING COMPANY AND
AUTHORIZE CHAIRMAN TO SIGN
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 latex paint
recycling for Household Hazardous Waste Program between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Health Department, and Banner Manufacturing Company,
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, that the Agreement for latex paint recycling for Household
Hazardous Waste Program between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld
County Health Department, and Banner Manufacturing Company be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 12th day of October, A.D. , 1994.
�/�feet 4 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COU��9NTY, CO ORADO
1
Weld County Clerk to the Board / i t
W. . Webster, C irman
BY: (�j ' t k -ra
Deputy plerk to the Board Dale Hall, P TA em
APPROVED AS TO FORM: a
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Ge6o'�/ge Baxter
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County Att riley Constance L. Harbert
Barbara S. Kirkm er
941009
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AGREEMENT
This Agreement entered into this /,.M day of October, 1994,
by and between the Weld County Health Department, Weld County Board
of County Commissioners (collectively "County" ) and Banner
Manufacturing Company for latex paint recycling for the Weld County
Household Hazardous Waste (HHW) Program.
1 . Term of agreement: This agreement shall be effective
immediately upon execution by both parties . The term of the
agreement shall be one year from the effective date.
2 . Delivery location, specifications, and frequency: The Weld
County Household Hazardous Waste (HHW) Program will deliver
latex paint to Banner' s paint processing facility at 2661
Walnut Street, Denver, Colorado, on an as needed basis, with
no delivery being less than 100 gallons . The contractor will
accept latex paint in original containers with legible labels;
no cans with missing labels will be accepted by Banner. The
HHW Program will obtain prior approval from Banner before each
delivery. All transportation costs are the responsibility of
the HHW Program. No portion of this Agreement shall be deemed
to require County to use Banner' s services as the exclusive
method of disposing of latex paint.
3 . Payment: The County will pay Banner $1 . 50 per 5-gallon and
$1 . 00 per gallon or less for all latex paint accepted by
Banner at Banner' s paint processing facility. Banner will
credit the County $0 .25 for each container of paint received
from the HHW Program, which upon examination by Banner, is
found to be suitable for the formulation of recycled paint.
Banner will provide the County with a written notification of
credit accrued on a monthly basis . Credit notifications can
be used at any time by the County to receive discounts on
recycled paint and other sundry painting supplies purchased
from Banner. Vit4,
4 . Acceptance of products : Banner reserves the r' ht to reject , -
any or all of the latex paint at time°g`$" 8eli eerryni it toes n
not meet the following acceptance standards : latex paint in
its original container with a legible label that is both
mixable and nonhazardous .
941099
5 . Recycling and sale of paint: Latex paint accepted by Banner
from the HHW Program will be mixed with other supplies of
reusable paint, tested and certified non-toxic and non-
hazardous by Banner, and sold at retail and wholesale outlets
as recycled content latex paint.
6 . Independent Contractor: Both Parties recognize and agree that
Banner is an independent contractor for all purposes, both
legal and practical, in performing services under this
contract, and that Banner and his agents and employees are not
agents or employees of Weld County for any purpose. As an
independent contractor, Banner shall be responsible for
employing and directing such personnel as required to perform
the services hereunder, shall exercise complete authority over
its personnel, and shall be fully responsible for their
actions . Weld County relies on the expertise of Banner in the
performance of services under this contract, and disclaims
responsibility or authority for decisions with respect to the
handling, transportation, recycling, or reuse of products
listed in Paragraph 4 .
7 . Title to products : Title to products listed in Paragraph 4
shall pass directly from Weld County HHW Program participants
to Banner upon acceptance of products .
8 . Indemnification Clause: Banner shall be solely responsible
for all damages to persons or property which may be caused by
Banner or his agents or employees, or which may result or
arise from Banner performing services hereunder, including
damages which result from any contamination of or adverse
effects on the environment, or any violation or alleged
violation of governmental laws, regulations, and orders, and
will indemnify and hold harmless the County, its elected and
appointed officials, and its employees, agents, and
representatives from any and all liability, damage, loss,
cost, or expense, including but not limited to attorney' s fees
which the County, its elected or appointed officials, or its
employees, agents, or representatives may suffer as a result
of any and all claims, demands, actions, costs, or judgements
made or brought against them by any person or entity, and
which arise out of the services performed by Banner under this
Agreement. By demanding this right to indemnification, the
County in no way waives or intends to waive the limitations on
liability which are provided to the County and its employees
under the Colorado Governmental Immunity Act, C.R. S . 24-10-
9 .41009
101, et. seq. , as amended.
9 . Insurance: Banner shall procure and maintain at its own
expense and without cost to the County, until this agreement
has expired or is terminated, the following kinds and minimum
amounts of insurance:
* Comprehensive General Liability Insurance ( including
personal injury coverage in an amount not less than
$600,000 combined single limit.
* Workers ' Compensation Insurance in compliance with the
Workers ' Compensation Act of Colorado.
This insurance shall be maintained in full force and effect
during the term of the Agreement at the sole expense of Banner
and shall protect Weld County, its elected and appointed
officials, employees, agents, and representatives, in addition
to Banner from claims for damages to property arising from
actions of Banner, or employees, agents, or representatives of
Banner, in the performance of the work covered herein.
Banner shall provide proof of insurance in form satisfactory
to the County prior to commencement of the work. A General
liability insurance policy shall be proven by Certificate
showing Weld County as additional insured. All liability
insurance policies shall be proven by certificates providing
a minimum of thirty ( 30) days written notice to the County in
the event of cancellation or material change in the policies .
10 . Extension of Agreement term: The County may extend the term
of this Agreement on a year to year basis, provided sufficient
funds are appropriated by the County on an annual basis, up to
a maximum of two additional one year terms, and provided
Banner agrees to such an extension. In the event the County
elects to extend the Agreement term, the County shall send
written notice to Banner at least thirty (30) days prior to
the end of the current term. All provisions of the Agreement
shall remain in effect during any extension except that the
compensation shall be mutually agreed upon prior to the
commencement of any extended term. The agreed scope of
services and compensation shall be reduced to writing, signed
by both parties, attached to this Agreement as an addendum and
shall be considered part of the Agreement as if fully set
forth herein. Ten calendar days before the commencement of
941019
any extended term, Banner shall submit to the County proof of
insurance as required in Paragraph 9 .
1 a
Ken alis Jo0t Pickle
President and Owner Director
Banner Manufacturing Company Weld County Health Department
2661 Walnut Street 1517 16th Avenue Court
Denver, CO 80205-2230 Greeley, CO 80631
ATTEST: ALMA BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, L COU , COLORADO
O
CLERK TO THE BOARDOF
COUNTY COMMI SSIONERS r/� /32'`f!/l
W. H. Webster, Chairma lo4l/O/
BY: IV. , DD
Deputy C1Qrk to the Board
APPROVED AS TO FORM:
BY:
We County Att rney
BANNER
941099
mEmoRAnDum
WilkTo Clerk to the Board Date October 7, 1994
COLORADO From Lee D. Morrison, Assistant Weld County Attorney
sublectAgreement with Banner Manufacturing Company
On this date I received a telephone message from Dick Kennedy of
Banner Manufacturing Company. The attached agreement has met with
Banner' s approval, but they will not be executing said agreement
until the week of October 17, 1994 .
I would like this matter to be on the Board of County
Commissioner' s Agenda Wednesday, October 12, 1994 so that the
commissioners signatures may be obtained.
Thank you for your cooperation in this matter.
Le D. Mfit iso��i
ia
Assistant WeldCounty Attorney
LDM/db
Attachment
pc : Health Dept.
941009
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