HomeMy WebLinkAbout20163163.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Shred -it Customer Service Agreement
DEPARTMENT: Information Technology DATE: September 29, 2016
PERSON REQUESTING: Ryan Rose
Brief description of the problem/issue:
Information Technology is responsible for the secure destruction of salvaged county -owned computer hard drives.
Shred -it provides the following services:
- On -site pick-up and destruction of hard drives
- Cross -cut shredding technology
Secure chain -of -custody
Certificate of Destruction after each service
This service prohibits any loss of data from salvaged county -owned hard drives.
This agreement allows IT to use the services as needed. Each service cost is $200, plus an additional $8 per hard
drive.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Approve the agreement to ensure secure destruction of salvaged county computer hard drives.
Recommendation:
It is recommended that the BOCC approve the Shred -it Customer Service Agreement for proper destruction of
salvaged hard drives.
Mike Freeman, Chair
Barbara Kirkmeyer
Sean P. Conway
Julie Cozad
Steve Moreno
Approve Schedule
Recommendation Work Session
Other/Comments:
cc, ctivai-de-1-1-0
C/vIAi.kd 41.KAci-0L-/6 /a /e-
2016-3163
CUSTOMER SERVICE AGREEMENT
PURGE SERVICE
Client Information
Sold To Location:
Company Name: HD - WELD COUNTY
Address: 1401 N 17th Ave
City: Greeley
Branch Address:
Denver, 3925 Monaco Parkway, Denver, CO, 80207, USA
Tel: 9703564000 Fax:
State/Province: Colorado Zip: 80631-9563
Purge Service
Minimum Type
Minimum Product
Unit Price
Greater than (or)
ON -SITE PURGE - HARD DRIVES - Small Hard Drive
$200.00
Service Type: On -Site
Notes:
Collection Type: Floor Environmental Surcharge: Yes
Pricing Per Unit
Description
Container Type
Quantity
Unit Price
Paper
Bankers/Archive Box
$7.00
Paper
Binder Box
$10.50
Paper
Blue Bag
$21.00
Paper
File Drawer
$14.00
Hard Drives
Small Hard Drive
175
$8.00
Payment Details
Payment Method:
PO# Required:
Liablefor Tax
Check
No
No
(do not collect credit card information, branch will follow up)
PO#: no
(check and attach certificate)
Blanket:
Shred -it guarantees to deliver the highest quality shredding service at all times. Any complaints about the quality of service which have not been
resolved in the normal course of business must be sent by registered letter to the local Shred -it District Operations Manager. If Shred -it then fails
to resolve any material complaint in a reasonable period of time, Customer may terminate this Agreement provided all containers are paid for at the
then current replacement values or returned to Shred -it in good and usable condition.
I have read and agree to the Terms and Conditions on the following page: eg I agree.
Shred -it International ULC. ("Shred -it") Company: HD - WELD COUNTY Signed: 7il jyc q,,, Signed (Authorized Signature): ��I 1 wf��Y�7 _
C.[
Print Name: Judy McClain Print Name: Mike Freeman
uoy Clun (54:0 21 )A,5i
Position: ISE
Position: Chair, Board of Weld County Commissioners
Date: Sep 21, 2016 Date:
OCT 1 0 2036
V2 08/ /
o�O/lv- (5/l03
Terms & Conditions of Shred -it Customer Service Agreement
1. Sole Terms. All services provided by Shred -it to Customer are subject
solely to the terms contained herein and any addenda agreed to by the
parties in writing and attached hereto and the then -current Schedule of
Ancillary Charges at www.shredit.com ("Schedule"), No term or condition on
Customer's purchase order or any other instrument, agreement or
understanding shall be binding upon Shred -it unless agreed to by the
parties in writing; provided, however, that if a federal, state or local
government and agency thereof, or its representative is a party to this
Agreement, then any proposed modification, amendment or supplement
must be in a writing signed by the President or Executive Vice President
of Shred -it. All typographical and clerical errors are subject to correction.
2. Shred -it Services. Shred -it will provide the following services to Customer:
(a) Shred -it will: (i) collect Customer's paper and other agreed upon
materials ("Customer Confidential Materials" or "CCM") on a mutually
agreed basis and (ii) destroy the CCM using a mechanical shredding
device (the Destruction Process").
(b) Within a reasonable time following completion of the Destruction
Process, Shred -it will provide Customer with a Certificate of Destruction.
(c) An authorized representative of Customer may, at any time,
inspect the Destruction Process.
(d) Shred -it will recycle or otherwise dispose of the CCM.
3. Shred -it Equipment. Any containers ("Equipment") provided to Customer
by Shred -it are the property of Shred -it. Customer wilt not file any lien, nor
allow to be filed any lien, against any such Equipment Customer will keep
all Equipment in good working order, normal wear and tear excepted. For
any Equipment which are moved, damaged, stolen or lost while at
Customer's location, Customer shall pay a replacement charge pursuant to
the Schedule.
4. Service Fee. Customer will pay a "Service Fee" to Shred -it as set forth on
the cover page or applicable Statement of Work. Notwithstanding anything
to the contrary, Customer shall pay the Minimum Charge if Customer
declines or cancels the shredding service after Shred -it has arrived at
Customer's location on the scheduled shredding date and time or if the
Customer's offices are closed on the scheduled shredding date.
5. Payment Terms. Customer agrees to pay the Service Fee and all other
amounts due immediately upon completion of the Services and in any event
no later than five (5) days thereafter. Any payments not received by Shred -it
when due will be subject to an interest charge on the unpaid balance of
1 0% per month (or the maximum amount allowed by law) All payments
must be in immediately available U S. funds The amount of any and all
applicable taxes shall be added to the price and paid by Customer unless
Customer has provided Shred -it with exemption certificates acceptable to
the taxing authorities,
6. Ancillary Charges. Customer agrees to pay ancillary charges according to
the Schedule for services performed by Shred -it. The Schedule is
incorporated by reference as if fully set forth herein and is subject to
change from time to time in Shred -it's discretion.
7. Term of the Agreement. This Agreement shall remain in force until
terminated by either Party upon thirty (30) days written notice. Requests for
additional services may be made under this Agreement by the Parties'
executing a Statement of Work setting out the fees for the service and the
particulars of the service. Unless otherwise specified in the Statement of
Work, the services shall be provided in accordance with the terms and
conditions set out in this Agreement.
8. Fuel, Environmental and/or Other Surcharge. Customer agrees and
acknowledges that (a) Shred -it may, upon notice, at any time and from
time to time, impose and adjust a fuel, environmental and/or other
surcharge of any amount for any duration, all in its sole discretion; (b)
notice of any surcharge may be in the form of an invoice; and (c) any
surcharge may, from time to time, result in additional profit for Shred -it.
9. Excused Performance. In the event either party is prevented, hindered or
delayed from the performance of any act required hereunder by reason of
strike, lock -out, acts of God, legal process, failure of power or any other
similar reason not directly the fault of such party, or by reason of the
other party or its agents, then performance of such act shall be excused
for the period of delay and the period for the performance of any such act
shall be extended for a period equivalent to the period of such delay.
Copyright 2014- Shred -it® International ULC
10. Limitation of Liability. Shred -it is not liable for any loss or damage to or for
the repair, replacement or restoration of any CCM or other property of
Customer. Shred -it's aggregate liability, if any, arising under this Agreement or
the provision of services to Customer is limited to the amount of the Service
Fees received by Shred -it from Customer for the particular service.
Notwithstanding the foregoing, in no event will Shred -it be liable for any
special, indirect, incidental, consequential, exemplary, or punitive damages,
loss of profits or revenue, or loss of use even if informed of the possibility of
such damages. To the extent permitted by applicable law, these exclusions
and limitations will apply regardless of whether liability arises from breach of
contract, warranty, tort (including but not limited to negligence), by operation of
law, or otherwise
11. Setoff. Customer will not set off invoiced amounts or any portion thereof
against sums that are due or may become due from Shred it to Customer, its
parent, affiliates, subsidiaries or other divisions or units.
12. Prohibited Acts / Compliance with Law. Customer shall: (a) not store in any
Equipment any CCM considered to be highly flammable, explosive, toxic,
biohazards, medical waste, or radioactive, or any other materials which are
otherwise illegal, dangerous and/or unsafe, and (b) comply with all laws, rules
and regulations, including but not limited to, all environmental laws and laws
governing the confidentiality, retention and disposition of any CCM.
13. Indemnification, Attorney Fees & Collection Costs. Customer shall
indemnify Shred -it and its parents, subsidiaries, affiliates, successors and
assigns, and each of their respective shareholders, members, officers, and
directors, from all losses, liabilities, damages, claims, penalties, fees,
expenses, judgments and costs (including reasonable attorney's fees and
costs) (collectively, "Damages"), as a result of Customer's actual or
threatened breach of this Agreement (including, without limitation, any
Damages relating to the Equipment, any Damages relating to the CCM, and
any Damages relating to the destruction, removal or disclosure of such CCM).
In addition to all other legal and equitable remedies, in the event it becomes
necessary for Shred -it to enforce the terms of this Agreement, including but
not limited to any action to collect sums due hereunder, Shred -it shall be
entitled to an award of its reasonable attorney's fees, litigation expenses and
costs of collection.
14. Miscellaneous. This Agreement, any addenda attached hereto and agreed to
by the parties in writing and the Schedule constitute the entire agreement
between the parties, and supersede any and all prior agreements and
arrangements, whether oral or written, between the parties No modification of
this Agreement shalt be binding unless in Writing, attached hereto, and signed
by both parties. Any dispute or matter arising in connection with or relating to
this Agreement shall be resolved by binding and final arbitration before the
American Arbitration Association ("AAA"). The arbitration shall be conducted
pursuant to applicable state or federal arbitration law. Any such dispute shall
be determined on an individual basis, shall be considered unique as to its
facts, and shall not be consolidated in any arbitration or other proceeding with
any claim or controversy of any other party. The exclusive jurisdiction and
forum for resolution of any such dispute shall lie in the state where the
Customer is located at the closest AAA office. The failure of either party to
insist upon the performance of any provision of this Agreement, or to exercise
any right or privilege granted to that party under this Agreement, will not be
construed as waiving that provision or any other provision and the provision
will continue in full force and effect. If any provision is found to be illegal,
invalid, or otherwise unenforceable by any judicial or administrative body, the
other provisions will not be affected and will remain in full force and effect.
Provisions herein which by their very nature are intended to survive termination
or cancellation of this Agreement will survive such termination or cancellation.
Any notices to be given by one party to the other will be considered properly
given if deposited in the United States Mail, postage prepaid, "Certified Mail,
Return Receipt Requested," sent to the Customer at its Head Office identified
on the cover page, and if to Shred -it, to the respective Shred -it branch with
whom the original contract was signed unless notice of a new address is given
and received in accordance with this Section. Customer represents that
Shred -it is in no way infringing upon any existing contract between Customer
and another service provider.
Shred -it
This Addendum takes effect on i and modifies the Agreement between WEL!couluiS
and Shred -it USA LLC., parties to the Client Service Agreement for shredding services dated
The parties hereby agree as follows:
Section 5 — Payment terms will be net 30 from the date of invoice.
Section 6- Ancillary charges will consist of fuel and environmental charges which are currently 7 % of the total invoiced amount.
Section 10- under this Agreement or the provision of services to Customer is limited to 3 times the amount of the Service Fees
received by Shred-il from Customer under the Agreement during the twelve month period prior to the alleged liability or breach by
Shred -d. In the case of a Purge. Shred -it's liability, if any, arising from the provision of a Purge is limited to 3 times the amount of
the fees received by Shred -it for the Purge Notwithstanding the foregoing, ui no event will Shred -it be liable for any special, indirect.
incidental, consequential, exemplary, or punitive damages, ions of profits or revenue. or loss of use even if informed of the possibility
of such damages. To the extent permitted by applicable law, these exclusions and limitations will apply regardless of
whether liability arises from breach of contract, warranty, tort (Including but not limited to negligence), by operation of law,
or otherwise.
ul4the "Agreement").
Section 13- Indemnification will not apply to this agreement as the customer is a government entity.
Section 14 - This Agreement, any addenda attached hereto and agreed to by the parties in writing and the Schedule constitute the
entire agreement between the parties, and supersedes any and all prior agreements and arrangements, whether oral or written,
between the parties. This Agreement shall be construed in accordance with the laws of the State of Delaware, excluding its choice
of law provisions. The failure of either party to insist upon the performance of any provision of this Agreement, or to exercise any
right or privilege granted to that party under this Agreement, will not be construed as waiving that provision or any other provision.
and the provision will continue in full force and effect. If any provision is found to be illegal, invalid, or otherwise unenforceable by
any judicial or administrative body, the other provisions will not be affected and will remain in full force and effect. Provisions herein
which by their very nature are intended to survive termination or cancellation of this Agreement will survive such termination or
cancellation, including without limitation Paragraphs 4, 6, 9-11 and 14.16 Any notices to be given by one party to the other
hereunder shall be sent by "Certified Mail. Return Receipt Requested,' to the Client at its plead Office identified on the cover page,
and if to Shred -it, to the respective Shred•it branch with whom the original contract was signed unless notice of a new address is
given and received in accordance with this Section. Customer represents that Shred -it is in no way infringing upon any existing
contract between Customer and another service provider
Customer Name: HD - WELD COUNTY
Shred -it USA LLC.
(6y it's Authorized Representative)
�`� (6y it's Authorized Representative)
Signed" Signed.. + p
Print Name Mike Freeman Print Nam ` -T. �,, �"
Chair, Board of Weld �.
ride cgUnt_COI1MiSSipner$ Tide
Date
OCT 1 0 2016
oat. `L tAL t_YL__
CONTRACTOR:
Contractor Name Shred -it
By: see signed addendum Date 9/27/2016
Name: Judy McLain
Title: ISE
WELD COUNTY:
ATTEST: ,a ,J G.404
Weld C , ur ty,,lerk to the Boa d
BY:
Deputy CIo the B
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCT 1 0 2016
CE:
icial or Department Head
Q0/‘0,- (5i6
Hello