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HomeMy WebLinkAbout980353.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SHREDDING SERVICES AND AUTHORIZE CHAIR TO SIGN -SHRED-IT MOBILE PAPER SHREDDING AND RECYCLING 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 Shredding Services 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 Shred-It Mobile Paper Shredding and Recycling, 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 Shredding Services 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 Shred-It Mobile Paper Shredding and Recycling 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 4th day of March, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � • ♦ C ATTE ,hi .�11 Constance L. Harbed,, Chair Weld unity Cl�k,�t�' c!��rd / '� W. F. eb er, Pro-Tem BY: Deputy Cro�sy isCe -oard -rx-4 George . Baxter APP AS TO RM: EXCUSED Dal K. Hall my Attorn LA —l7!, ,h arbara J. Kirkmeyer 980353 HL0024 CC LAc5 ktea IA AGREEMENT FOR SHREDDING SERVICES THIS AGREEMENT is made and entered into this day of 0q�z.4. 1998, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County ("Weld County"), on behalf of the Weld County Health Department("Health Department") and Shred-It Mobile Paper Shredding and Recycling, ("Shred-It"). WHEREAS, Health Department accumulates on a regular basis confidential documents and other materials capable of being shredded ("documents") which are not needed, and which need to be destroyed; and WHEREAS, Shred-It operates a business by which a mobile shredder will shred designated documents at the Health Department's place of business without any need to transport such documents prior to shredding; WHEREAS, Health Department desires to procure the services offered by Shred-It; WHEREAS, Shred-It desires to enter into an agreement with Health Department to perform such services; WHEREAS, the parties desire to reduce the terms of their agreement to writing. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Recitals. The above recitals are incorporated herein by reference. 2. Term. This Agreement shall be effective upon signing, and shall continue until terminated by one or both parties, pursuant to the provisions contained in this Agreement. 3. Compensation. Health Department agrees to pay Shred-It $3.25 per minute for shredding of documents designated by Health Department for shredding. Health Department agrees to make payment on a monthly basis, and within 30 days after receipt and approval of invoice. 4. Services to be Provided by Shred-It: A. Shred-It will provide to Health Department at no charge, specially marked and secured consoles ("the consoles") in which documents which are intended to be destroyed, ("documents") shall be placed by Health Department. 1 9S0 (3 B. On a regularly scheduled basis, agreed upon between the parties, Shred-It shall destroy by shredding all documents placed in the consoles. All Shred-It employees, agents or representatives performing the shredding shall be bonded, and shall appear in a recognizable uniform with a photo identification issued by Shred-It. Health Department may designate a representative to inspect and view the destruction of the documents by Shred-It. C. Shred-It shall destroy all documents contained in the consoles by shredding with a cross-cut method. Immediately after the documents have been destroyed, Shred-It will provide Health Department with a Certificate of Destruction concerning such documents. D. The parties agree that all shredded material shall be recycled by Shred-It. E. Shred-It, its employees, agents and representatives will shred only materials contained or placed in the consoles by Health Department, or other materials specifically designated by Health Department employees. 5. Parties' Relationship. The parties to this Agreement intend that the relationship between them contemplated by this Agreement is that of independent entities working in mutual cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an employee, agent, or servant of the other party to this Agreement. 6. Termination. Either party may terminate this Agreement for cause, upon ten (10) days written notice, and for any reason, so long as thirty (30) days written notice of its intent to so terminate is given to the other party. If this Agreement is so terminated, Health Department shall pay that compensation to Shred-It which duly reflects the actual amount of compensation due and owing for services previously rendered to Health Department by Shred-It. 7. Assignment. This Agreement is not assignable without prior written consent of the non-assigning party. 8. Modification and Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 9. Notices. Any notice provided for in this Agreement shall be in writing and shall 2 9g0-q6-3 be served by personal delivery or by certified mail, return receipt requested,postage prepaid, at the addresses set forth in this Agreement, until such time as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances, except for emergency situations when immediate notification to the parties is required. HEALTH DEPARTMENT: SHRED-IT: Weld County Department of Health Shred-It c/o Judy Nero Scott Pearson 1517 16th Avenue Court 1791 E. 58th Avenue Greeley, Colorado 80631 Units C & D Denver, Colorado 80216 10. Non-Appropriation. The parties agree that Health Department has not agreed to provide any amount of documents, or for that matter, any documents at all, on a regular basis for shredding. No portion of this Agreement shall be deemed to create an obligation on the part of Weld County or Health Department to expend funds not otherwise appropriated during the term of this Agreement. 11. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that 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 contained 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 deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month and year first above written. BOARD OF COUNTY COMMISSIONERS SHRED-IT WELD COUNTY, COLORADO By: Const.:� �/ � (0.3/� i 98 By: cottt Pe son, President ATTES �ro ' :''��``"s ' . e oard Approved By: Dep ': r3}r: , :1T,r: � . � � J S. Pickle, M.S.E.H., Director Weld County Health Department 3 ' 1 mEmoRAnDum C^. .t Yn Wnn. ; _2 7" 38 Constance L. Harbert, Chair To Board of County Commissioners Date March 2, 1998 CLER COLORADO From John Pickle, Director, Health Departmen Subject: Agreement for Shredding Services Enclosed for Board review and approval is an agreement between the Weld County Health Department (WCHD) and Shred-It Mobile Paper Shredding and Recycling. Under the provisions of this agreement, Shred-It will provide secured consoles in which Health Department staff will place confidential documents which are intended to be destroyed. On a regularly scheduled basis, Shred-It shall destroy by shredding all documents placed in the consoles at the Health Department site. All employees and representatives of Shred-It who will be performing the shredding will be bonded. Immediately after the documents have been destroyed, Shred-It will provide Health Department with a Certificate of Destruction concerning such documents. All shredded material will be recycled by Shred-It. The Health Department will pay Shred-It $3.25 per minute for the shredding of documents. The agreement will be effective upon signing, and will continue until terminated by one or both parties. I recommend your approval of this agreement. Enclosure 980353 Hello