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HomeMy WebLinkAbout20221437.tiffRESOLUTION RE: APPROVE SERVICE AGREEMENT FOR BIOMEDICAL WASTE DISPOSAL SERVICES AND AUTHORIZE CHAIR TO SIGN - TRILOGY MEDWASTE WEST, LLC 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 Service Agreement for Biomedical Waste Disposal Services 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 Trilogy MedWaste West, LLC, commencing upon full execution of signatures, 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 Service Agreement for Biomedical Waste Disposal Services 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 Trilogy MedWaste West, LLC, 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 23rd day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELDOUNTY, COLORADO ATTEST: ddatAd , L:4, Weld County Clerk to the Board BY: l/oard � r Deputy Clerk to the �w Scott K. James, Chair ` l\- Q t- Fre: man, Pro -T Perry L. B APPRO D AS TO ounty Attorney Date of signature: S/27/22. Lori S CC'. HL<tG) S f31/2.2- 2022-1437 H L0054 Unbac-4-- iD*sa09 Memorandum TO: Scott James, Chair Board of County Commissioners FROM: Mark Lawley, Executive Director Department of Public Health & Environment DATE: May 10, 2022 SUBJECT: Trilogy MedWaste West, LLC, Service Agreement for Medical Waste Pickup and Disposal For the Board's approval is a Service Agreement between Trilogy MedWaste West, LLC, (Trilogy) and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (Health), the Weld County Coroner's Office (Coroner) and the Northern Colorado Regional Forensics Lab (Forensics Lab) (collectively "Weld County"). In early 2022, Weld County completed the formal bid process for the collection and disposal of biomedical and pharmaceutical waste for Health, Coroner and Forensics Lab. To operate these facilities within State and Federal regulations, this Agreement with Trilogy provides safe and reliable disposal of biomedical and pharmaceutical wastes generated by Weld County through a vendor that is able to properly pickup, transport and dispose of these wastes. Specifically, Weld County asked bidders to provide the following products and services: 1) biomedical waste collection containers, pickup/transportation of containers, and incineration of biomedical waste in an approved incinerator and documentation of the destruction of biomedical waste; 2) collection containers, pickup/transportation of containers and appropriate disposal of acceptable pharmaceutical waste; and 3) online training resources (for -fee or free) for blood borne pathogens, DOT, post -exposure, HAZCOM, biohazardous waste, and general safety training resources. This Service Agreement was generated following the award of this contract to Trilogy under the county's RFB process, bid number B2200052, and will become effective upon full execution of the Agreement by Weld County. The Agreement term is for one year, with the ability to renew for three one-year periods, at the discretion of Weld County. This Agreement can also be terminated by either party with prior written notice. Assistant Weld County Attorney, Karin McDougal, has reviewed this county -approved, standard service agreement and determined that its terms are acceptable. The Board approved placement of this Service Agreement on the Board's agenda via pass - around dated May 10, 2022. I recommend approval of this Service Agreement with Trilogy MedWaste West, LLC. 2022-1437 05/ Z3 N L U05` -I BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: Trilogy MedWaste West, LLC, Service Agreement for Medical Waste Pickup and Disposal DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT PERSON REQUESTING: Mark Lawley, Executive Director DATE: May 10, 2022 Brief description of the problem/issue: For the Board's review and approval for placement on the consent agenda is a Service Agreement between Trilogy MedWaste West, LLC, (Trilogy) and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (Health), the Weld County Coroner's Office (Coroner) and the Northern Colorado Regional Forensics Lab (Forensics Lab) (collectively "Weld County"). In early 2022, Weld County completed the formal bid process for the collection and disposal of biomedical and pharmaceutical waste for Health, Coroner and Forensics Lab. To operate these facilities within State and Federal regulations, this Agreement with Trilogy provides safe and reliable disposal of biomedical and pharmaceutical wastes generated by Weld County through a vendor that is able to properly pickup, transport and dispose of these wastes. Specifically, Weld County asked bidders to provide the following products and services: 1) biomedical waste collection containers, pickup/transportation of containers, and incineration of biomedical waste in an approved incinerator and documentation of the destruction of biomedical waste; 2) collection containers, pickup/transportation of containers and appropriate disposal of acceptable pharmaceutical waste; and 3) online training resources (for -fee or free) for blood borne pathogens, DOT, post -exposure, HAZCOM, biohazardous waste, and general safety training resources. This Service Agreement was generated following the award of this contract to Trilogy under the county's RFB process, bid number B2200052, and will become effective upon full execution of the Agreement by Weld County. The Agreement term is for one year, with the ability to renew for three one-year periods, at the discretion of Weld County. This Agreement can also be terminated by either party with prior written notice. Assistant County Attorney, Karin McDougal, has reviewed this county -approved, standard Service Agreement and has no concerns. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The County received four (4) bids and after careful consideration of all bids by Health, Coroner & Forensics Lab, Trilogy was selected as the successful bidder. The service that Trilogy will provide is a critical end -component of the services provided by the three Weld County departments and is a service the County is unable to feasibly do on its own. It is staffs recommendation that the Agreement be approved to safely and reliably dispose of biomedical and pharmaceutical waste. Alternatively, the Board could decline this Service Agreement with Trilogy and Weld County could continue using the services of its current provider, who is no longer under bid contract with Weld County and may charge Weld County whatever rate it determines is reasonable for the provision of these services. Recommendation: I recommend approval of this Service Agreement withTrilogy MedWaste West, LLC. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Approve Recommendation Schedule Work Session Other/Comments: SERVICE AGREEMENT BETWEEN WELD COUNTY AND TRILOGY MEDWASTE 113 THIS AGREEMENT is made and entered into this day of , 2022, by and between the Board of Weld County Commissioners, on behalf of Weld County partment of Public Health and Environment, hereinafter referred to as "County," and Trilogy MedWaste West, LLC, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2200052, including Addendums 1 and 2 Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement, and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 1 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed the bid amounts as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible 2 for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed 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. 11. Insuraace. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This 3 requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement 4 or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters andior transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 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. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Danielle Golden Position: Director of Contracting Address: 8554 Katy Freeway, Suite 200 Address: Houston, TX 77024 E-mail: dgolden(a,trilogvmedwaste.com Phone: 888-977-3420 5 TO COUNTY: Name: Tanya Geiser Position: Director, Finance & Contracting Department: Public Health and Environment Address: 1555 North 17TH Avenue Address: Greeley, CO 80631 E-mail: tgeiserAweldgov.com Phone: 970-400-2122 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 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. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as 6 applicable now or hereafter amended. 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. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may 7 terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: TRILOGY MEDWASTE WEST, LLC By: ,1,4' Name: Bill Avery U Title: Vice -President of Sales 4-5-22 Date of Signature WELD CO ATTEST: Weld C BY: Deputy Clerk t • ` e B 4 ard sdr J6114;ik ty Clerk to the : •ard BOARD OF COUNTY COMMISSIONERS WD COY, COLORADO ott James, Chair MAY 2 3 2022 Contract Request € Infoctrtation Entity Name TRILOGY MEDWASTE WEST LLC tity ID* 10>045465 Contract Name* TRILOGY MEDWASTE WEST, LLC. SERVICE AGREEMENT FOR MEDICAL WASTE PICKUP AND DISPOSAL Contract Status CTB REVIEW ❑ New Entity? Contract ID 5809 Contract Lead* KJAKUS-HOTCHKISS Contract Lead Email kJakus- hotchioss@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* TRILOGY MEDWASTE WEST, LLC, SERVICE AGREEMENT FOR MEDICAL WASTE PICKUP AND DISPOSAL Contract Description 2 BID2200052 Contract Type AGREEMENT Amount $0.00 Renewable* YES Automatic Renewal NO Gant NO IGA NO Department HEALTH Department Email CM -Health t weldgov.com Department H Email CM-Health- DeptHead Aveldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- CDUNTYA I I ©RNEY@WELDG OV.COM Requested BOCC Agenda Date* 05;16,2022 Due Date 05,E 12#`2022 Will a work session with B©CC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a F4SA enter RSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Ian Base Contra tes Eff 06,`01 ,,2022 Review Date 03?01„=2023 Renewal Date* 06`01:2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TANYA GEISER DH Approved Date 05/16/2022 Final ApprrQval BOCC Approved BOCC Signed Date BOCC Agenda Date 05 23,,`2022 Originator KJAKUS-HOTCHKISS Contact Type Contact Email Finance Approver CHERYL PATTELLI Contact Phone I Contact Phone 2 Purchasing Approved Date Finance Approved Date 05 18 2022 Tyler Ref It AG 052322 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 05;"18,2022 Hello