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         UNIVERSITY OF CALIFORNIA, DAVIS, COMMODITY AGREEMENT
       			   (Primary Source)
                                   DATE:  August 24, 2007
                                   ITEM:  Shredding Services
                              AGREEMENT:  UCD0801122
                         SUPPLEMENT NO.:  1
                        EFFECTIVE DATES:  10/01/07 - 9/30/2008
                                 VENDOR:  Vendor LLC
                                          9044 Crimson Ridge Way
                                          Roseville, CA 95747         
                                VENDOR#:  0000235905       
                         VENDOR CONTACT:  Doug Rosevold 
			       	  EMAIL:  drosevold@vikingshred.com    
                                  PHONE:  916-320-5575         
                                    FAX:  866-807-4614         
                          PAYMENT TERMS:  6% 30 days         
                               DELIVERY:  As Required         
                          MINIMUM ORDER:  None         
                         COMMODITY CODE:  08380
 
 
 

THIS LOCAL STRATEGIC SOURCING AGREEMENT ("Agreement") is made and entered into this 
24th day of August 2007, by and between The University of California, Davis (“UCD” or 
“University”), and   Vendor LLC,  (“Contractor” or "Vendor”) with its principal 
place of business at 9044 Crimson Ridge Way, Roseville, CA 95747.  This is a University 
of California, Davis Local Area Agreement – Pricing Schedule.  Campus departments may 
purchase up to $50,000 per day in services through this Agreement with the use of the 
Open Vendor delegation and $5,000 per day with their University Procurement Card.  
Regardless of whichever method is used, the Agreement number must be referenced.
 
1.	DEFINITIONS
	
	As used in this Agreement and in any exhibits, addenda or attachments which become 
	a part of it, the following terms have the following meanings:

	1.1	“Documents” shall include, but not be limited to, paper, blue prints,  
		brochures, pamphlets, books and bound paper material, carbon paper, computer 
		paper, newspaper, magazines, notebooks, binders, photos, post-it notes, and 
		other paper-related material which include rubber bands, paper clips and 
		staples.  

	1.2	“100% Recycle”.  Contractor shall recycle 100% of the documents that are 
		taken from the University under the terms of this contract at no additional  
		cost to the University beyond the pricing schedule.  An official "Affidavit of 
		Recycling" document shall be provided to the University R4 Department and shall 
		include the date and name of the recycling plant.
2.	Service Requirements

	2.1	Contractor shall be responsible for coordinating the schedule of desktop 
		pick-up and destruction service at individual department locations associated
		with the Davis campus.  Contractor shall allow for an unlimited amount
		of additional department's locations beyond the initial request. 
	
	2.2	Services shall be provided by Contractor during regular business hours
		of 8:00 a.m. to 5:00 p.m., Monday through Friday, except University holidays.
		Service shall be available on a weekly basis. 
		
	2.3 	Contractor shall respond to calls from a University department within 48 hours
		from placement of the call for service. 
		
	2.4 	Contractor shall ensure that the vehicle used for performance at the requested
		location of performance does not in any way cause a disturbance in pedestrian
		and/or traffic; shall post warning signage and other warnings in accordance with
		CAL OSHA safety requirements.  Contractor trucks coming on site need to have some 
		sort of company marking on them that would identify them clearly as a contractor 
		and must be equipped with a "backing up" alarm.
	2.5	Contractor deliverymen shall possess the required Department of Transportation ("DOT") 
		endorsements and adhere to DOT, Department of Homeland Security, State of California 
		Department of Motor Vehicles and UC rules and regulations.  The Contractor's
		deliverymen need to possess qualification records such as "safe and defensive"
		driver training.  NOTE:  Contractor's deliverymen need to be aware that pedestrians on
		campus always have the right of way on interior campus roads and pathways.  Contractor 
		should never assume that pedestrians will yield or even notice Contractor's trucks in 
		their vicinity.
		
	2.6     Contractor shall offer the ability for University personnel to witness the 
	        destruction process.
		
   	2.7     Contractor shall provide a Certificate of Destruction, signed and dated by the
		authorized agent of the Contractor, prior to leaving the site.
		
	2.8     The utilization of a 5/8 inch cutter head, hammermill, or rotary grinder is 
		acceptable, as long as all documents are destroyed to the point at which it is 
		unreadable or undecipherable through any means.
		
        2.9     Contractor shall respond to calls from campus departments within 48 hours from
		placement of the call.
		
   	2.10    Monthly reports are due by the fifteenth day of the following month and sent to the 
		University of California, Davis, R4 Recycling Program, One Shields Avenue, Davis, 
		CA 95616, Attention:  Lin King.  This report can be emailed to ltking@ucdavis.edu.
		Contractor shall provide monthly reports containing the following information:
		
			• The Agreement Number and date range that report is based on
			• Department name and contact
			• Certification of Destruction and Affidavit of Recycling
			• Date of pick-up and destruction
			• Description of what was destroyed 
			• The total weigh, in both pounds and tons, of collections from 
			  each location.
			• Invoiced amount per line item
			
	2.11    All collections must be followed by an invoice including the date of destruction,
		description of items destroyed, box quantity, pounds, purchase order number and any
		other data relative to the collection.
		
	2.12    EMPLOYER PROVIDED PHOTO ID BADGES AND UNIFORMS:  Contractor shall provide each of its 
		employees with a photo ID badge and uniform, which must be approved in advance by 
		authorized University personnel.  No employee shall report to work on-site without the 
		ID badge and uniform.  Uniform apparel shall be kept neat and clean.
		
   	2.13    Security background checks shall be made on each of the Contractor's employees to be
		assigned to this contract at the Contractor's expense.  Successful Contractor shall 
		provide results of background checks prior to performing service.
		
	2.14    The Contractor shall notify the University immediately of any changes made to personnel 
                involved in this contract.
	2.15 	CONTRACTOR PARKING:  Parking permits are required for all persons to park on University 
		property.  It is the Contractor's responsibility to obtain and pay for parking permits 
		during performance on this contract.  Permits must be obtained directly from the 
		University's Transportation and Parking Services Office located in the West Entry Parking 
		Structure off Hutchinson and Dairy Road, 530-752-8277.  http://www.taps.ucdavis.edu/index.html
	2.16    The successful Contractor will be required to sign a HIPPA Business Associate Amendment
		(sample provided at Attachment 4).
3.	Pricing and Service Options

        3.1  Pricing Option 1:

        Pricing for desktop pick up/on-site destruction/recycle service:
        1 - 199 pounds: $.25 per pound

        200 - 599 pounds: $.19 per pound

        600 - 999 pounds: $.18 per pound

        Over 1,000 pounds: $.17 per pound

        3.2  Pricing Option 2:

        Centralized pick up/on-site destruction/recycle service:
        1 - 199 pounds: $.16 per pound

        200 - 599 pounds: $.16 per pound

        600 - 999 pounds: $.10 per pound

        1,000 - 1,999 pounds: $.08 per pound

        2,000 - 5,999 pounds: $.037 per pound

        Over 6,000 pounds: $.017 per pound
4.	SPECIFIC TERMS AND CONDITIONS
	
	4.1	PROTECTION OF UNIVERSITY FACILITIES AND STRUCTURES:  Contractor shall exercise due care
		to protect all existing facilities structures and utilities.  Any damage to University
		property due to Contractor's neglect shall be corrected immediately, all systems restored
		to service or paid for by the Contractor.  Any damage to property or other problems shall
		be reported immediately to the University.
		
	4.2	CAL-OSHA REQUIREMENTS:  The Contractor shall comply with all provisions of the California
		Occupational Health and Safety Act., taking all precautions in the performance of the
		service to prevent injury to persons and property.
		
	4.3     REMOVAL OF CONTRACTOR EMPLOYEE:  University reserves the right to request the removal of any
		employee determined by the University to be unsatisfactory.  Such request shall be issued
		in writing and the employee shall not be included in any future assignments.
		
	4.4	KEYS:  Keys required to access any project may be issued to the Contractor by the University.
		Keys will be returned to the University each day and/or upon the completion of work at the
		specified site.  Failure to return the keys for any reason will obligate the vendor for all
		re-keying cost incurred by the University.
			
	4.5 	HOLIDAYS:  The following are University Holidays:  Martin Luther King's Birthday, President's
		Day, Cesar Chavez Day, Memorial Day, July 4th, Labor Day, Veterans' Day, Thanksgiving (2 days), 
		Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day.  Bidder shall provide to the
		University at least thirty (30) days prior to the start of an Agreement term a list of all
		holidays and other facility closure dates for that entire time period.
		
	4.6	CHANGE TO SERVICE:  Any change to services provided, facility locations, chemicals and
		equipment etc. used by the Contractor to service the University must be agreed upon in writing
		by both parties prior to implementation.
		
	4.7	SMOKING:  Smoking is not permitted in any indoor area of any University facility.  Smoking is
		also prohibited in all Student Housing buildings, building courtyards and building walkways.
		Smoking is allowed only in exterior perimeter areas of facilities, a minimum of twenty (20)feet
		from any building.
	
5.	TERMS AND CONDITIONS
	
	5.1	The University of California purchase order terms and conditions for various fund sources,
		Attachment A, as attached, are incorporated into this purchase order.
		
	5.2	USE OF UNIVERSITY'S NAME:
		Contractor shall not use the University's name in any form within or for promotional or
		advertising purposes or as the source of research information on which a commercial program
		or publication is based unless the University's express written permission for such specific
		use has been obtained in advance.
		
	5.3	TERMINATION OF CONTRACT:  University reserves the right to terminate this contract with
		Contractor upon 10 days advance written notice should Contractor fail to meet obligations of
		the contract.  Such failures include, but are not limited to:
		
		Consistent failure to respond to requests for service or to remedy contract deficiencies,
		
		Consistent failure to provide qualified, trained workers and supervisors,
		
		Contractor failure to keep University informed of contractor employee assignments.
		
		TERMINATION FOR CONVENIENCE:  University may, by written notice stating the extent and
		effective date, cancel and/or terminate this contract for convenience in whole or in
		part, at any time with 15 days advance notice.  University shall pay Contractor as full
		compensation for performance until such termination the unit or pro-rata rates for the
		performed and accepted portion of services.
		
	5.4	Prices are firm for the initial contract period indicated above.
			
	5.5 	All Terms and Conditions of RFQ #011162963MF apply to this order.
		
	5.6	California Public Contract Code Section 10518 requires that each contractor (vendor) who
		enters into a contract with the University of California for $10,000 or more be assigned an
		identification number and that such contractor use the assigned number on all subsequent
		contracts with the campus.  The University of California has designated the contractor's
		Federal Employer Identification Number or Social Security Number, as appropriate on each
		contract or PO.  The number shall remain unchanged regardless of future name changes.
		
		Pursuant to Federal Privacy Act of 1974, you are hereby notified that disclosure of your
		Social Security number is mandatory.  Disclosure of the Social Security number is required
		pursuant to Sections 6011 and 6051 of Subtitle F of the Internal Revenue Code and Regulation
		4, Section 404.1256, Code of Federal Regulations, under Section 218, Title II of the Social
		Security Act, as amended.  The Social Security number is to verify your identity.  The
		principle uses of the Social Security number shall be to report payments you have received
		to the Federal and State governments.
		
	5.7	Vendor/Contractor warrants that it is not excluded from participation in any governmental
		sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs
		(http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Non-procurement
		Programs (http://epls.arnet.gov/PrivacyActProvisionsEPLS.html).  This purchase order shall be
		subject to immediate termination in the event that Vendor/Contractor is excluded from
		participation in any federal healthcare or procurement program.
		
	5.8	Invoices are to be rendered only after the items or services on this contract have been furnished.
		Invoices must be itemized, all applicable discounts identified, and must reference purchase order
		number.
	
	5.9	Show Permit Number when billing California Use Tax.  If this order includes services which may be
		reportable for income tax purposes, and if you are an individual proprietor or partnership, please
		indicate on your invoice your taxpayer reporting number (Social Security number or Employer
		Identification Number) in accordance with requirements of the Internal Revenue Service, pursuant to
		Federal Privacy Act of 1974, Section 6011 and 6051 of Subtitle F amended.  Social Security number is
		used to verify your identity.  The principle use of the number shall be to report payments to Federal
		and State governments.
		
		This Contract shall be governed by the laws of the State of California.  Prices specified include all
		taxes and shall not be increased by failure of Contractor to have included any applicable tax or as the
		result of any change in Contractor's tax liability.  No variations, deletions, price increases, changes
		or modifications shall be effective without written approval by the University of California.
		
		Indicate order number on all packages, packing slips and invoices.  Itemize invoices, showing number
		of units and unit price.  Invoices not on printed billhead must be signed by claimant or agent, showing
		signer's title.
		
		The University of California is not liable for late payment penalties or interest charges imposed by a
		vendor's invoice, unless the University has agreed thereto in writing.
		
	5.10    Vendor shall provide all applicable rebates, credits, incentives earned, used, or on account.  Checks
		shall be made payable to "The Regents of the University of California" and mailed to the University
		of California, Davis, One Shields Avenue, Cashier's Office, Davis, California 95616.  Vendor shall
		make reference to department name and purchase order number on all checks.  Periodic Statement
		Requirement:  Vendor shall send periodic statements listing all rebates, credits, or incentives
		earned, used or on account for the University of California, Davis.  Statements shall include
		department name and purchase order number, etc.  Statements should be mailed to the University of
		California, Davis, One Shields Avenue, Purchasing Department, Davis, California 95616-8690, Attention:
		Director, Materiel Management.
		
	5.11	It is understood and agreed by the University and vendor that in the performance of this agreement,
		vendor shall be, and act as an independent contractor and not as an agent or employee of the University. 
		It is expressly understood and agreed that this agreement is not intended and shall not be construed to
		create the relationship of agent, servant, employee, partnership, joint venture or association between
		University and vendor.  Vendor is not an employee of the University and is not entitled to the benefits
		provided by University to its employees, including but not limited to, group insurance, pension plans,
		worker's compensation or unemployment insurance.
		
	5.12	Terms and conditions of the attached "HIPPA Business Associate Amendment" shall apply to this order.
 
		
University Contact:   Mary Fields
Phone:                530-747-3868
Fax:                  530-757-8720
Commodity Manager:    Nicole Lack
Campus:               Davis
 

	


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                    


                                  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