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HomeMy WebLinkAboutAgreements/Contracts - Facilities & Maintenance (003)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Facilities and Maintenance DATE. 4/9/2026 REQUEST SUBMITTED BY: Kevin Schmidt PHONE: 509-754-2011 „ 3272 CONTACT PERSON ATTENDING ROUNDTABLE: Kevin Schmidt/Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO ------------ BaU0167-4-52M likIll L111111 ®Agreement / Contract ❑AP Vouchers _dal* ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award [:]Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ® Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑Invoices / Purchase Orders ❑Grants — Fed/State/County ❑Leases ❑MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Requesting approval for the service contract with Trilogy Medwaste to pick up medicazl waste generated by the Coroner's office. The cost of the service provided by Trilogy is charged by use and can be variable depending the amount of waste generated. Bids were also requested from Sterilite and CDSI. The cost will be paid from the facilities operating expenses. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? C0 YES ❑ NO ❑ N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: Ike D2: D3: &X� DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 Trflogy MedWaste Sen,,I'ce Agreement - Grant County CS/FM Date:- , 4/w-A2 - NOW I I I 11IN111 t 3 N T Y C ��%� a co• SEAL ..Ooz so �Ab� 0 V00 C 0 Soo SHINGI ko "111him ATTEti I: Caitlin E. Manell Clerk of the Board um_ FORM: T�ro' Ivor R. Bevief, WSBA #47989 grant County Prosecutor's Office evil Deputy Prosecuting Attorney Date: BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASH INGTON Kevin R. Burg ,Ks, Chair _ff_w,wS1w1 ---------------- * Um;vV. Vice -Chair 0 OUT TRILOGY ��1 Customer Name 3406689 - Grant County Coroner's Office Address 1631 Division Ave E City, State Postal Code Ephrata, WA 98823 Contact Name Email Trevor R. Bevier trbevier@grantcountywa.gov Phone Fax Services and Rates Service Agreement Agreement # 63614 Sales Rep: Mike Weber Phone: Email: mweber@trilogymedwaste.com Effective Date Mar 30, 2026 Requested Delivery Date Mar 30. 2026 3406689001 Grant County Coroner's Office - 1631 Division Ave E. Ephrata, WA Qty Service Type Frequency Rate I Regulated Medical Waste Services Every 2 Weeks 0.00 per month RMW Work Order Minimum 65.00 work order minimum 43gal RMW Reusable Tub Tariff 0.00 each Container 31gal RMW Reusable Tub Tariff 0.00 each Container 17gal RMW/Sharps Reusable Tariff 0.00 each Container Replacement Box Charge 8.93 each 30gal Path Corrugated Box Per 45.93 each Container General Service Agreement Trilogy Medwaste has the necessary qualifications, experience, and abilities to provide the services listed above to the Customer on the terms and conditions set out in this Agreement. Term of Agreement: The initial term of the Agreement shall be 60 month(s) from the effective date set forth above. The Agreement shall automatically renew for successive terms equal in length to the initial term unless either party provides written notice of termination to the other party at least 60 days prior to the renewal date. The initial term and all renewal terms shall be governed by the terms and conditions contained herein. Comments 2-31 g RMW serviced every 2 weeks By signing below, each party's representative acknowledges that he/she is an authorized officer or agent of his/her respective party and has the full authority to bind the party to this Agreement and its terms and conditions. THE TERMS AND CONDITIONS ON THE FOLLOWING THREE PAGES ARE PART OF THIS AGREEMENT. Customer: Signature: Printed Name: Kevin R. Burgess, Title: Chair Date: �// '�/� � Trilogy Medwasta�,,,k� G(Je6� Signature: Printed Name: Mike Weber Title: --- ---------- - ----- -----NAM Date: 4/10/26 TRILOGY M E D W A S T E Customer Name 3406689 Grant County Coroner's Office Address 1631 Division Ave E City, State Postal Code Ephrata WA 98823 Contact Name Email Trevor R. Sevier trbevier@grantcountywa.gov Phone Fax Services and Rates Continued Service Agreement Addendum Agreement # 63614 Sales Rep: Mike Weber Phone: Email: mweber@trilogymedwaste.com 3406689001 Grant County Coroner's Office - 1631 Division Ave E,, Ephrata,, WA Qty Service Type Frequency Rate Unscheduled Stop Charge 46.20 each No Waste Fee 65.00 each Total $0.00 Agreement # 63614 1. Regulated Medical Waste A. Trilogy Medwaste ("Trilogy") will regularly pick up all of the Customer's Regulated Medical waste ("RMw") in a manner consistent with applicable federal, state, and local lags and regulations. RMW is defined by 49 CFR 173.134 and by any other federal, state, and local regulations. Customer warrants that the waste presented for disposal will not contain any "hazardous," "toxic," or "radioactive" wastes as defined by applicable laws or regulations, and Customer shall be liable for any injury, loss, or damage resulting from violations of such applicable laws and regulations regarding disposal of "hazardous," "toxic," or "radioactive" waste. Customer is responsiblefor segregating all waste in accordance with federal, state, and local regulations, and shall place only RMW in the containers provided by Trilogy. Customer shall be liable for any injury, loss, or damage resulting from "Non -Conforming waste," defined as: (1) fetal remains and human torsos; (2) radioactive, reactive, corrosive, ignitable, volatile, or toxic wastes, including but not limited to wastes containing mercury and other heavy metals, batteries of any type, chemicals, solvents, and any and all other hazardous wastes and substances as defined in any applicable federal, state, county, or municipal regulations and guidelines; (3) pharmaceutical materials (except to the extent that Trilogy gives prior written approval and the pharmaceuticals are packaged according to instructions provided); (4) bulk chemotherapy and bulk liquids; (5) improperly classified and/or improperly packaged Regulated Medical waste; (6) any waste which does not fall within the definition of Regulated Medical waste, and/or is not in accordance with the representations, warranties, descriptions, specifications, or limitation set forth in this Agreement; (7) waste that contains infectious substances classified as Division 6.2, Category A infectious substances as described in 49 CFR 173.134; and (3) waste packaged in any container for transportwhich exceeds the packaging drop - tested weight limit printed on the container. Trilogy's waste Acceptance Policy ("WAP"), which is available at https:/Iwww.trilogymedwaste.com/wp-content/uploads/2022/1O[Trilogy-MedWaste-Waste-Acceptance-Policy.pdf and is incorporated herein by reference, contains additional guidelines and requirements with respect to the RMW. Trilogy reserves the right to change the wAP at any time to ensure compliance with applicable laws or regulations. Customer may obtain a copy of the wAP from Trilogy's representative. B. Trilogy will provide containers for the transport of RMW. The Customer will compensate Trilogy in accordance with theagreed upon rates for Trilogy's services. The Customer will ensure that all RMW deposited in the containers conforms to all local, state, and federal laws and is properly labeled in appropriate containers, e.g., pathological waste packaged in labeled boxes, trace chemotherapy waste in labeled containers, etc. Trilogy may at its sole discretion refuse to collect containers that are improperly packaged or labeled, wet or leaking, or contain Non -Conforming waste. Title to RMW collected from Customer shall transfer to andvestin Trilogy at the time such RMW is loaded onto Trilogy's collection vehicle. At all times prior thereto, Customer shall have and retain title and responsibility for its RMw. Title to and responsibility for any Non -Conforming Waste delivered to Trilogy shall remain always with Customer, even if such Non -Conforming waste is in the custody of Trilogy. C. Trilogy will pick up Customer's RMW according to a schedule agreed upon by the parties and in accordance with Customer's disposal needs as itemized on the first page of this Agreement orthe attached "Table of Service and Charges." This schedule may change from time to time to reflect changes in operating conditions of either party. All RMW picked up from the Customer will be transported to a licensed and/or permitted medical waste treatment facility and treated by steam sterilization (autoclaving) or incineration in accordance with all applicable federal, state, or municipal regulations. Treated medical waste will then be disposed of in a permitted sanitary landfill. D. Trilogy will provide the Customer with the documentation required by local, state, and federal agencies and maintain the associated records for a period of three (3) years or longer as required by the local, state, and federal law. 2, Document Destruction and Recycling A. Trilogy will provide Customer with the bins and/or consoles necessary to handle Customer's documents for secure collection and destruction and will place the bins/consoles at mutually agreed locations at Customer's facility. Trilogy will pick up Customer's bins/consoles according to a schedule agreed upon by the parties. This schedule may change from time to time to reflect changes in operating conditions of either party. All bins or consoles placed at Customer's facility are and shall remain the property of Trilogy, and Customer shall return them to Trilogy upon the expiration or termination of this Agreement. B. All Customer documents collected for destruction or recycling will be transported by Trilogy to a properly licensed facility for destruction or recycling, as applicable. All services performed by Trilogy in connection with the collection, transportation, destruction, and/or recycling of Customer's documents will be performed in compliance with all applicable laws and regulations. C. Customer warrants that it is the owner, legal custodian, or otherwise has the right to deliver for secure destruction all materials that Customer places in the bins/consoles and delivers to Trilogy. Customer shall be solely responsible for ensuring that only documents that Customer intends to be destroyed or recycled are placed in the bins/consoles. Customer shall take necessary measures to prevent the placement in any document bin or console of any material considered to be hazardous, corrosive, toxic, dangerous, or which is regulated under any federal or state law or regulation relating to hazardous materials or toxic substances. In the event of the accidental or negligent custodial transfer of hazardous or regulated materials (including bio-hazardous materials) from Customer to Trilogy, Customer agrees to assume custody of such materials and appropriately, safely, and legally, and properly dispose of same at Customer's sole expense. D. Trilogy shall have no obligation to verify that documents placed in bin s1con soles were intended for destruction or recycling. Trilogy shall not be responsible or liable in any manner whatsoever for the destruction or recycling of any documents that were inadvertently placed in binsiconsoles by Customer or its employees, agents, representatives or invitees; nor shall Trilogy have any responsibility or liability for the release or loss of any materials deposited in bins or can soles, or oth erwise delivered to it for secu re destruction, u n les s th a release or loss is a direct result of Trilogy's sale negligence or willful misconduct. Trilogy's maximum liability for claims for such release or lass shall not exceed the aggregate amount paid by Customer for the documentdestruction services provided to the Customer facility during the six Agreement ## 63614 months preceding the occurrence giving rise to the claim. 3. Indemnification: A. Trilogy shall indemnify, defend, and hold Customer harmless from claims and liabilities, including but not limited to attorneys' fees, court costs, and other costs of suit, for personal injury (including disability or death) or property damage caused directly by the negligence or willful misconduct of Trilogy in the performance of its obligations under this Agreement. B, Customer shall indemnify, defend, and hold Trilogy harmless from claims and liabilities, including but not limited to attorneys' fees, court costs and other costs of suit (a) for personal injury (including disability or death) resulting from customer's use, operation, or possession of any Trilogy containers or other equipment furnished under this Agreement, except to the extent any such loss or damage is caused by Trilogy's negligence or willful misconduct, or (b) arising from Customer's failure to properly store, package, label, or segregate waste or Non -Conforming waste, whether or not collected, transported, or treated by Trilogy. 4. Insurance: Trilogy agrees to maintain general liability insurance in an amount not less than $1,000, 000 per occurrence and $2, 000, 000 general aggregate, automobile liability in an amount not less than $2,000,000 combined single limit, and worker's compensation and employer's liability insurance covering its employees in an amount required by the laws of the state in which the services are performed. Trilogy will provide the Customer, upon request, a certificate of insurance evidencing such coverage. 5. Liability for Equipment Customer shall have the care, custody and control of containers and other equipment placed at Customer's premises and owned by Trilogy and accepts responsibility and liability for the equipment and its contents, except when Trilogy employees are physically handling the equipment. Any damage to such property and equipment, other than normal wear and tear, will be charged to the Customer, and payable to Trilogy as additional service cost. 6. Limitation of Liability: Notwithstanding anything to the contrary contained in this Agreement or provided for under any applicable law, Trilogy will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits, fines, goodwill, data, the cost of replacement goods or services, or other intangible losses) arising from or related to this agreement, including but not limited to Trilogy's breach or alleged breach of this Agreement, regardless of the form of action, whether in contract, tort, , or otherwise. 7. Termination for Cause: Either party may initiate termination of this Agreement for cause by providing the other party a thirty (30) day written notice of termination by U.S. certified mail, return receipt requested or electronic mail, delivery and read receipt requested and confirmed. Such notification shall specify the cause for proposed termination and give the other party a reasonable period of thirty (30) days within which to cure the cause. Unless the cause is cured to the satisfaction of the notifying party by the end of the cure period, termination will occur within the time -period set forth in the notification. In the absence of prior written notice from either party to terminate for cause, this Agreement shall continue without interruption. 8. Breach by customer; Early Termination Fee: If customer breaches this Agreement by terminating Trilogy's collections prior to the expiration of the term or a renewal term, or in any other way violates this Agreement in such a way that Trilogy's continued performance is rendered impossible or commercially impracticable, then Trilogy shall be entitled to collect from Customer the greater of $2,000.00 or six (6) months of the Customer's average monthly charge based on the twelve (12) months' billings prior to the cessation of collections (or based on any lesser period if the Agreement began less than twelve months prier to the breach). Customer hereby acknowledges that (i) Trilogy's damages resulting from the premature termination of collections include lost revenue, inefficiencies resulting from route changes and reduced treatment plant throughput, increased administrative overhead, unrecoverable sunk traininglinstruction costs, and other elements of injury, (ii) such damages are extremely difficult to quantify as they relate to any one customer, and (iii) the early termination fee amount is a reasonable estimate of actual expected damages and is not a penalty. The early termination fee is Trilogy's sole remedy for Customer's improper early termination of this Agreement. 9. Pricing and Adjustments: Customer shall pay Trilogy the prices set forth in this Agreement. Trilogy may increase the contract prices annually but no more than the greater of four percent (4%) or the increase in the Consumer Price Index for all urban consumers as issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("CPI") during the 12-month period preceding each anniversary date. Thereafter, price increases may be implemented on each subsequent anniversary date of the Agreement. Trilogy may also adjust the contract price from time to time to: (i) account for operational changes it implements to comply with changes in law and/or changes in Customer's service requirements (including changes in waste patterns); (ii) adjust for any increase in disposal, fuel, tra n sportation, or oth er costs; an d (iii) pass th roug h to Cu stom er any in creases in taxes, fees, or oth er governmental charg es assessed against to Trilogy (other than income or property takes.) 10. Service Changes: The Customer will incur a "No waste Fee" (minimum of thirty-five dollars depending on frequency, amount, and location) if no waste is picked up by Trilogy during scheduled service. The "No waste Fee" applies if scheduled service is NOT cancelled by the Customer a minimum of 48 hours in advance. If Customer changes its service address during the initial term or a renewal term, this Agreement shall remain valid and enforceable with respect to services rendered at Customer's new service location if such location is within Trilogy's service area. 11. Payment Terms: All monthly charges are due and payable within thirty (30) days of the date of invoice. Customer agrees to pay a late fee equal to the greater of Five Dollars ($5.00) or Ten Percent (10%) of the amount past due. In addition, Trilogy may charge interest on any amount past due at the rate of the lesser of one and one-half percent per month or the highest rate allowed by applicable law for each month or portion thereof during which such amount remains unpaid. Should any portion of any account remain unpaid for more than sixty (60) days from the date of the invoice, Trilogy shall have the option, without notice to Customer, to suspend all services under this Agreement until such time as all outstanding and unpaid charges, including any payment not yet due, are paid in full. 12. Applicability of Terms and Conditions: The terms and conditions hereof shall be deemed accepted and binding upon Customer upon transfer of custody of Trilogy's equipment to Customer, regardless of whether this Agreement is signed by Customer. To the extent these Agreemenf#63614 terms and conditions conflict with any terms and conditions provided by Customer, the terms and conditions hereof shall control. Unless otherwise agreed in writing and signed by both parties, any terms attached to a purchase order or other Customer -provided document are expressly rejected and shall have no force or effect. 18. Entire Agreement: This Agreement embodies and constitutes the entire understanding agreement of the parties and supersedes all prior communications, representations, or agreements, either oral or written between parties hereto with respect to the subject matter of the Agreement. 14. Amendment, Modification, and waiver: Modifications, additions, or amendments to these terms and conditions shall be bindings on Trilogy and Customer only if in writing and signed by a duly authorized representative of each party. The failure of Trilogy to enforce, at any time or for any period of time, any provision of this Agreement shall not constitute a waiver of such prevision or of the right of Trilogy to enforce each and every provision. 15. Governing Law: This agreement shall be governed by the laws of the state and county (or parish) in which the services are provided without regard to its or any other Conflict of Laws provisions. 16. Binding Arbitration: Disputes arising under this Agreement, which cannot be resolved by and between the parties, shall be submitted to binding arbitration in the state and county (or parish) of the Trilogy facility at which the services are provided, and arbitrated in accordance with the rules of the American Arbitration Association. The prevailing party in such arbitration shall be fully reimbursed by the other party for all costs, including reasonable attorneys' fees, litigation expenses, and expert or consultant's fees, incurred in its successful prosecution or defense thereof, including any appellate proceedings. 17. Assignment & Succession: Trilogy may assign any or all its rights and duties under this Agreement at any time without the Customer's consent. The Customer may not assign its rights or duties under this Agreement without the prior written consent of Trilogy. However, if Customer sells or transfers its business (whether by asset sale, stock sale, merger, or otherwise) Customer shall require the new owner or successor operating entity to assume and become bound by this Agreement. 18. Exclusivity: Customer agrees to use no other Regulated Medical waste disposal service or vendor during the term of this Agreement and any renewal terms. 19. Notices: All notices are required to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, transmitted by electronic mail, delivery and read receipt requested, or mailed by certified first class mail, postage prepaid and return receipt requested, to the parties' address set out on the first page of this Agreement. 20. Counterparts: This Agreement, including these terms and conditions, may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be deemed to be one and the same agreement. Signatures of acceptance may be exchanged by facsimile, scan, e-mail or an electronic signature application, and each party agrees to be bound by its own telecopied or electronically submitted signature, and to accept the telecopy or electronic signature of the other party.