HomeMy WebLinkAbout2016 ContractA.
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SECURE SO=ETIONSFCR :OCL%ENTDESTRJC'IDh
3910 US Highway 1, Vero Beach, FL 32960 Office (772) 562-6556 Fax(772)562-6559
www.sesecureshred.com
CUSTOMER ACCOUNT SETUP
Company Name: City of Sebastian
Service Address: 1225 Main Street Sebastian, FL 32958
Billing Address:
Contact Person: Jeanette Williams Email Address: jwilliams@cityofsebastian.org
Contact Phone #: 388-8214 Cel: Business Hours:
Type of Service: O Pick -Up 0 On -Site 0 Drop -Off
Type of Containers: 95 Gallon Bin Quantity of Containers: 1
Frequency of Service: Quarterly
Day of Set -Up: Wednesday, March 23, 2016 In Addition: Any material outside of
Console is $0.14 per pound
Price per Service: $52.00
CUSTOMER
Name: L__
Title:C-
Sign:
Date:
SOUTHEAST SECURE SHREDDING
Name:
Title:1il a �1( r�
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Sign:
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Date: �" C
`Southeast
' Secure
Shredding
SECURE SOLUTIONS FOR ]CCU ,'ENT OESTSJC-ION
3910 US Highway 1, Vero Beach, FL 32960 Office (772) 562-6SS6 Fax(772)S62-6559
www.sesecureshred.com
CUSTOMER ACCOUNT SETUP
Company Name: City of Sebastian
Service Address: 1225 Main Street Sebastian, FL 32958
Billing Address:
Contact Person: Jeanette Williams Email Address: jwilliams@cityofsebastian.org
Contact Phone #: 388-8214 Cel: Business Hours:
Type of Service: ❑X Pick -Up 73 On -Site O Drop -Off
Type of Containers: Executive Console Quantity of Containers: 6
Frequency of Service: Once a Month
Day of Set -Up: Wednesday, March 23, 2016 In Addition: Any material outside of
Console is $0.14 per pound
Price per Service: $75.00
CUSTOMER,
Name: ` ` -�•
Title:
Sign:
Date:
SOUTHEAST SECURE SHREDDING
Title:
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Sign: l___-` [c! 11
Date: i 6_'
Rcur
1�theaSt
rding
3910 N. IIS Highway 1, Vero Beach, FL 32960 Office (772) 562-6556 Fax (772) 562-6559
www.sesecureshred.com
Confidential Document Destruction Agreement
This Confidential Document Destruction Agreement ("Agreement") is entered into as of this 22"d. dae of
March. 2016 ("Effective Date") b} and between Southeast Secure Shredding, Inc.. a place of business at
3910 US Highivay I Vero Beach, FL 32960 ("Compam'') and Cih- of Sebastian.. having a place of business
at 1225 Main Street Sebastian, FL 32958 ("Customer").
1. SERVICES
1.1 Services to be Furnished. Company xeill provide the services for the secure destruction of records
(`'Services") described on Exhibit A attached hereto and made a pan hereof. Company Neill furnish a
Certificate of Destruction to Customer. upon request by Customer. The Services may. at Customer's option
and as indicated on Exhibit A. be performed as part of a regular schedule or pursuant to specific directions
vehich Customer shall give Company from time to time. Customer may also request custom Services not set
forth on Exhibit A. in -vehich case Company xeill consult Keith Customer as to the terns and conditions of the
Services requested.
1.2 Services to Affiliates and Subsidiaries. Customer's related. affiliated and subsidiary companies (including
subsidiaries of affiliates) may acquire Services pursuant to this Agreement. Any such acquisition of
Services will be ex idenced be an Order executed b, an authorized representative of the applicable affiliate
or subsidiary- in its open corporate name and referencing this Agreement. Invoices for such Services shall be
directed to and be payable b} such affiliate or subsidiary.
1. ; Services be Third Parties. Company maN procure the services of any responsible third part} to perform all
or part of the Services. insofar as said third parte complies xeith all securite standards and procedures
required of Company by Customer. and further that said third parte shall accept in .vriunu the tiduciar\
responsibilitx requisite of the transfer of custody. Company will remain liable for all Services performed
for Customer. Compan\ Neill record all custod\ transfers and'or the use of any subcontractor to render
contracted services to the Customer. and make Customer mvare of ane use of ane subcontractor. including
their identity.
2. RESPONSIBILITIES
2.1 Richt to Rele on Instructions. Compan-, ina- act in reliance upon an\ instruction. instrument. or signature
reasonable believed be Compan\ to be genuine. and may assume that any of Customer's employees or any
employee of Customers affiliates or subsidiaries giving any written notice. request. or instruction has the
authorit\ to do so.
2.2 Compliance Nyith Contracts. Lays and Regulations. Customer shall be responsible for. and warrant
compliance xvith. all contractual restrictions and all applicable lases. rules and regulations. including but not
limited to environmental lases and contractual restrictions and lases governing the confidentiality. retention
and disposition of information contained in an\ materials delivered to Company. Company shall comply
with applicable law s. statutes. regulations and ordinances.
2.3 Cooperation and Assistance. Customer shall cooperate with Company with regard to the performance of the
Services. subject to normal sectrrit\ requirements and in a manner that is not unnecessarily disruptive to
Customer's business operations. by providing to Company such information. data. access to premises.
management decisions and approvals as may be reasonable to permit Company to perform the Sen -ices
hereunder.
2.4 Hazardous Substances. Customer shall not deliver to Company any material considered toxic or dangerous
or which is regulated under any federal or state law- or regulation relating to hazardous materials. In the
event of the accidental or negligent custodial transfer of hazardous or regulated waste. including bio -hazard.
Customer agrees to arrange to appropriately. safely and legally assume custody of such hazardous materials
at their expense. And further to indemnify the Company from any property damage or personal iniurn
resulting from such transfer of material.
2.i Performance of Services. All Sen -ices performed by Company will be in a professional manner in
accordance with \AID standards and practices. (Or as are described in the policies and procedure described
in Exhibit A)
2.6 Material Descriptions: Itemized lists or descriptions of contents of materials submitted by the Customer to
the Company shall be generally- considered for recordkeeping. reconciliation. and reference purposes only.
and are not to considered proof that said documents contained on such lists and descriptions are in fact
contained in the materials accepted. Company will make provision for validation of such document
contents in advance and under special terms and fess at the request of the Customer.
2. i 'Negotiable Items: Customer agrees to make Company aware in writing and in advance of any instance in
which negotiable instruments. including but not limited to checks. bearer bonds. travels checks. or coupons
will be sent to a single facility in a single service where the total combined amount of said instruments will
be in excess of S 100.000.
3. FEES AND PAYMENTS -All standard charges for Services under this Agreement shall be as specified on
Exhibit A. The prices set forth in Exhibit A shall remain in effect for the first twvelve (12) months of this
Agreement. Thereafter. price adjustments shall be made on]v after thirty (30) days' prior written notice.
For anv service requested by Customer that is not listed on Exhibit A. the charges will be as agreed to in
writing by Customer and Company prior to the rendering of such Service. Invoices shall be due and
payable within thin- (30) days from receipt of the applicable invoice. Amounts due and not paid within
thirt-,(30) days after Customer's receipt of the im oice shall bear interest at the rate of one and one-quarter
per cent 0.25%) per month.
4. CONFIDENTIALITY - "Confidential Information" means any information relating to Customer's
property. business and affairs. Unless such Confidential Information was previously known to Compan\
free of anv obligation to keep it confidential. is subsequently made public by Customer or by a third parte
having a legal right to make such disclosure. or was known to Compan}prior to receipt of same from
Customer. it shall be held in confidence by Company and shall be used only for the purposes provided in
this Agreement. Company shall use the same degree of care to safeguard \ our Confidential Information as
it uses to safeguard its own. However. Company may comply with any subpoena or similar order related to
materials delivered to Company: pro\ ided that it shall. unless prohibited b\ law. notify Customer promptlN
of any such subpoena or notice. Customer shall pay Company's reasonable costs for such compliance.
5. TERM AND TERMINATION
5.1 Term. This Agreement shall commence on the Effective Date set forth above unless written notice of
nonrenewal is delivered by either parte to the other not less than thirty (30) days prior to the date of last
ser ice.
5.2 Termination. Either parte may terminate this Agreement if the other is in material or repeated breach of any
of its obligations hereunder and the breaching part} has not cured the breach within thirty (30) days after
written notice from the nonbreaching part.. In the event of an such termination. all amounts due for
Services rendered up to the effective date of termination shall become due and payable. Upon termination.
Customer shall return (or permit Company to retrieve) all Company bins and other propertN kept at
Customer's site. and Company shall have no obligation to provide further Sen ices to Customer.
6. CLAIMS AND DISPUTE RESOLUTION
6.1 Time for Presenting Claims. Customer must present an claim with respect to anService in writing to
Company within a reasonable time and in no case later than three (3) months after the occurrence of the
event on which the claim is based.
6.2 Arbitration. Anv claim. controversy. or dispute arising out of or relating to this Agreement. or anv
interpretation or breach of this Agreement or performance under this Agreement. including without
limitation anv dispute concerning the scope of this Article 6, that cannot be resolved within fifteen (l 5) days
by informal discussions between the parties. shall be resolved by submission to final. binding and
nonappealable arbitration. without any right by either party to trial de novo in any court. Such arbitration
and all pre -hearing. hearing. and post -hearing arbitration procedures. including for discovery. disclosure of
arbitrator's interests. and challenge of designation of anv arbitrator. shall be conducted under the
Commercial Arbitration Rules of the American Arbitration Association. A single arbitrator shall be
selected by the American Arbitration Association.
6.3 Ser -ices during Arbitration. During any arbitration proceedings. Company shall continue to provide
Services. and Customer shall continue to make payments to Company. in accordance -with this Agreement.
The fact that arbitration is or may be allowed shall not impair the exercise of any termination rights under
this Agreement.
7. LIABILITY AND NVARR.�kNTY
7.1 Limitation of Liability. Company shall not be responsible or liable in any manner whatsoever for the
release or loss of an materials deposited in bins or otherwise delivered to it for secure destruction
unless the release or loss is due to Company's negligence or willful misconduct. Company's maximum
liability' for ariv and all claims arising -with respect to the Services provided under this Agreement
shall not exceed the aggregate amounts paid by Customer with respect to the Services provided at the
particular Customer location during the six (6) months preceding the event which gives rise to a
claim. In no event shall Company be liable for any consequential, incidental, special or punitive
damages, regardless of whether the action is brought in tort, contract or an- other theorIn.
7.2 Ownership Warrant\. Customer warrants that it is the owner. legal custodian or other -,vise has the right to
deliver for confidential destruction any and all materials Customer provides Compan} hereunder. Customer
shall reimburse Company for any expenses reasonable incurred by Compan\ (including reasonable legal
fees) by reason of Companv comps ing with its obligations under this Agreement to destroy such materials
in the event of a dispute concerning the destruction of the materials provided by Customer to Company.
8. MISCELLANEOUS
8.1 Notices. All notices hereunder shall be in xvriting and addressed to either party at its address set forth above
(or to such other address as either parte ma} specify by notice given in accordance with this Section).
Notices to Compan- shall be sent to the attention of its General ManaLer.
8.2 Binding Nature and Assignment. This Agreement shall be binding on the parties and their respective
successors and assigns. Except as permitted b, Section 1.3 above. neither partN max assign this Agreement.
except to an affiliate. without the prior kNTitten consent of the other parte. which consent shall not be
unreasonable withheld.
8.3 Force Maieure. Each parte shall be excused from any delay or failure in performance under this Agreement
for any period if and to the extent that such delay or failure is caused by acts of God. govermrrental actions.
labor unrest, riots. unusual traffic delays or other causes beyond its control.
8.4 Relationship of Parties. Company is acting as an independent contractor hereunder and has the sole right
and obligation to supervise. manage. contract. direct. procure, perform. or cause to be performed all work to
be performed be Company under this Agreement.
8.5 Entire Agreement. This Agreement constitutes the entire agreement between Company and Customer with
respect to the subject matter of this Agreement. No change. -waiver. or discharge of this Agreement shall be
valid unless in writing and executed by the parte against whom such change. waiver. or discharge is sought
to be enforced. Except as provided in Section 3. this Agreement max- be amended only by an amendment in
VNTiting signed by Customer and Company.
8.6 Invalidity. If any provision of this Agreement is declared invalid be any tribunal of competent jurisdiction.
then such provision shall automatically be adjusted to the minimum extent necessary to the requirements for
yalidit° as declared at such time and as so adjusted shall be deemed a provision of this Agreement as though
originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so
adjusted. the provision shall be deemed deleted from this Agreement as though such provision had never
been included herein. In either case. the remaining provisions of this Agreement shall remain in effect.
8.7 Exclusivity: Customer avrees to retain Company on an exclusive basis at all facilities covered by this
agreement for the term of this contract.
IN WITNESS WHEREOF. each of the parties have caused this Agreement to be executed by its duly_ authorized
representative as of the Effective Date first set forth above.
CUSTOMER
Title:
Date.
COMPANY
Title:
Date:
:F Southeast
ff
reeudding
SECURE SC iTIOSS F03 D.OG"E5' DESTRU_ Wi
3910 US Highway 1 Vero Beach, FL 32960 Office (772) 562-6556 Fax (772) 562-6559
www.sesecureshred.com
Exhibit A
Customer: Cite of Sebastian
Service: Company shall provide the Customer with a regular pick-up of destroyable
material. This --service- -,N ill occur once a month. If additional pick-ups are
required because of excess material to be destroyed. Company v. ill provide these
pick-ups at an additional charge to Customer. Customer will be billed once per
month for the previous month's "service(s)".
✓ A "Sen -ice" xvill consist of removing and replacing liner from 6 security containers. All
material picked up during a regular "service" will be shredded within 72 Hours.
✓ Southeast Secure Shredding will provide 6 security containers and 2 keys to Customer for
use at no charge during the term of any agreement reached. The containers shall remain the
propert\ of Southeast Secure Shredding at all times. Missing or damaged containers will be
replaced at a cost of S 100.00 each.
✓ Southeast Secure Shredding will provide 0 padlock(s) to the Customer for use at no charge.
Missing or damaged padlocks and keys will be replaced at a cost of 510.00 each.
✓ Southeast Secure Shredding will pro\ide a confidentialih agreement (GDAA -l. and or BAA
2.) or will sign a confidentialit-' agreement provided by Customer.
✓ Southeast Secures Shredding %till provide certificates of destruction once per billing c\ cle to
Customer detailing dates of pick-up and destruction.
✓ Additional material outside of supplied bins mai be picked up during a regular service call at
an additional chamye of SO. 14 per pound of additional material.
Type of Container Quantity of Containers Price
Executive Console 6 S75.00
Additional:
Price per Sen -ice 575.00
l'
Customer Sign: ///-�—� Compan Sign:
Date: Date:
r Southeast
Secure
Shredding
SECJ3c 5^1 A016 FO? 00.." E'.' NST;UVl^:S
3910 US Highway 1 Vero Beach, FL 32960 Office (772) 562-6556 Fax (772) 562-6559
www.sesecureshred.com
Exhibit B
Customer: City of Sebastian
Sen -ice: Compan- shall provide the Customer with a regular pick-up of destrovable
material. This "service" %gill occur quarterly. �If additional pick-ups are required
because of excess material to be destroyed. Company will provide these pick-ups
at an additional charge to Customer. Customer will be billed once per month for
the previous month's "sen-ice(s)".
✓ A "Service" Nvill consist of removing and replacing (1) 95 gallon container. All material
picked up during a regular "sen -ice" will be shredded kyithin 72 Hours.
✓ Southeast Secure Shredding -vvill provide (1) 95 gallon container and 1 key to Customer for
use at no charge during the term of any agreement reached. The containers shall remain the
property of Southeast Secure Shredding at all times. Missing or damaged containers will be
replaced at a cost of S 100.00 each.
✓ Southeast Secure Shredding -vvill provide 1 padlock(s) to the Customer for use at no charge.
Missing or damaged padlocks and keys will be replaced at a cost of S10.00 each.
✓ Southeast Secure Shredding �yill prox idea confidentiality agreement (GDAA 4. and or BAA
2.) or will sign a confidentiality agreement provided by Customer.
✓ Southeast Secures Shredding will provide certificates of destruction once per billing cycle to
Customer detailing dates of pick-up and destruction.
✓ Additional material outside of supplied bins max be picked up during a regular ser ice call at
an additional charge of SO. 14 per pound of additional material.
Type of Container I Quantity of Containers Price
95 Gallon Container 1 S52.00
Additional:
Price per Service 5 2.00
l
Customer Sign:
Date:
Company Sign:
Date: JJ �(
outheast
Ce%lmg
SEM IMONS FOR DOgtKE1R OESMMN
3910 IIS Highway 1 Vero Beach, FL 32960 Office (772) 562-6556
www.sesecureshred.com
Date. Wednesday, March 23, 2016
Fax (772) 562-6559
Company
City Of Sebastian
Name:
Sally
Service
1225 Main Street
Address:
Sebastian, FL 32958
6
I. accept Executive Console(s).and
PA
in good condition. I understand that Iost.kays.witt be
replaced at a cost of $10.00 each and missing or damaged
bins- will be replaced at a cost of $100-00 eactt
CUSTOMER
Print Dame:
Sign:
Date: ✓� `-�� �o
CONfPANY
Print Mame: ° / Q Z J AJ&
Sign:
Date: 3
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