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HomeMy WebLinkAboutAgenda - 06-02-2009 - 4uORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2009 Action Agenda Item No. ~ - U SUBJECT: Renewal of Contract for Household Hazardous Waste ~n~~arti~n ~aniirae DEPARTMENT: Purchasing/Solid Waste ATTACHMENT(S): Proposed Household Hazardous Waste Contract Addendum Household Hazardous Waste Contract Effective June 4, 2002 Household Hazardous Waste Contract Addendum Effective July 1, 2005 Household Hazardous Waste Contract Addendum effective July 1, 2007 PUBLIC HEARING: (Y/N) No INFORMATION CONTACT: Pam Jones - 245-2652 Gayle Wilson - 968-2885 PURPOSE: To renew the contract with ECOFLO Inc. for Household Hazardous Waste (HHW) and Conditionally Exempt Small Quantity Generator (CESQG) Waste Collection and Disposal Services. BACKGROUND: The HHW collection program was established in 1994 as a cooperative program between local governments to collect hazardous waste from residents of Chatham, Durham, Orange, and Wake counties. In the spring of 2002, the various local governments decided that each local government would contract individually with the service provider of their choosing for HHW services. In June 2002 the BOCC approved a contract with ECOFLO, Inc. for the provision of HHW and CESQG services. This contract authorized athree-year initial term, with atwo-year extension. That June ECOFLO began operating Orange County's HHW Program based at the permitted facility at the Orange County Landfill. In the spring of 2003 the HHW program transitioned from holding collection events on the first Saturday of the month to operating afull-time year round collection program accepting household hazardous waste four days per week. The June 2002 agreement also allowed for small businesses, non-profits, and other public agencies within Orange County generating less than 100 Kg of hazardous waste per month (Conditionally Exempt Small Quantity Generators, CESQGs) to have access to Orange County's Program for fee-based disposal of commercial hazardous waste. In August 2005 the BOCC approved an addendum to the original contract allowing for the expansion of program hours from four days per week to six days per week, and also allowing for an additional two year term. The addendum approved in June 2007 opened the hazardous waste program to qualifying small businesses, non-profits, and local governments in Orange County for management and disposal of hazardous waste with services paid for by the County. Since the inception of the County- funded Conditionally Exempt Small Quantity Generator (CESQG) program the County has served more than 400 qualifying commercial generators and has managed more than 100,000 Ibs of commercial hazardous waste that very likely would have been managed inappropriately had this service not been available. This proposed addendum engages ECOFLO for the two-year extension through June 2011 that was allowed for in the addendum approved two years ago. In an effort to control program costs the addendum also allows for latex paint received by the program and cannot be repurposed locally through the County's locally operated paint exchange to be managed through Waste to Energy methods. This will occur instead of requiring the latex paint be recycled. No further changes are proposed. FINANCIAL IMPACT: The total projected cost of this contract for FY 2009-2010 is $178,000. This amount is included in the proposed Solid Waste Management Departmental Budget. RECOMMENDATION(S): The Manager recommends the Board approve the Household Hazardous Waste Contract Addendum with ECOFLO, Inc. and authorize the Chair to sign the contract addendum pending approval of the FY 2009-10 Budget. 3 STATE OF NORTH CAROLINA ADDENDUM TO HOUSEHOLD HAZARDOUS THE COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT Addendum to that certain Agreement effective June 4, 2002, amended on July 1, 2005, and then amended on July 1, 2007, between The County of Orange, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and ECOFLO, Inc., a Maryland Corporation, (hereinafter "Contractor") for the provision of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Collection and Disposal Services. In consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Agreement as follows: Term of Agreement: Section 1 of the Agreement is amended as follows: The renewal term of the Agreement will be for two (2) years unless otherwise agreed by the parties; the period from July 1, 2009, through June 30, 2011 assuming that funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this addendum and the associated Agreement. Terms contained herein that have no consequence on the overall outcome or cost of the Agreement may be amended during the course of this initial or any subsequent renewal term through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement may be executed or a new contract may be signed. Comaensation and Payment: Section 3.b) of the Agreement is amended as follows: Disposal, Supply, and Transportation: All disposal, supply, and transportation charges associated with management of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste received during the regular operational hours of the multi-day per week HHW program (see Section 4, subsection b) will be covered by a fixed price of $0.60 per pound of HHW and CESQG waste. The billed weight will be determined as the waste is received at Contractor's facility, and shall exclude the weight of materials diverted to Reuse and Other Diversionary programs (as described in Section 4, subsection e), shall exclude the weight of the drums, boxes, or other packaging material used by Contractor to hold the waste during storage and shipment of the waste, and shall whenever practical exclude the weight of containers used by citizens and businesses to deliver the HHW to the facility. Specifically, cardboard boxes, newspaper, bags and other materials used only to transport smaller containers of hazardous waste will not be weighed unless they are contaminated to the extent that they require treatment as hazardous waste. Contractor will bill County monthly for disposal, supplies, and transportation, and shall provide required manifests and reports, as listed in Section 4, subsection k and subsection 1. 4 Heretofore County has directed that whenever possible Contractor direct latex paint to an appropriately licensed and permitted recycling facility. In an effort to control program costs and maintain public service, effective July 1, 2009 Contractor may direct Latex Paint received at County's facility to an appropriately licensed and permitted Waste To Energy (WTE) facility for disposal by high energy combustion. Full Force and Effect Except as amended by this Addendum, the Agreement shall remain in full force and effect. 5 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Valerie Foushee, Chair CONTRACTOR: Signature Printed Name and Title ATTEST: Donna S. Baker, Clerk to the Board WITNESS: Signature Printed Name and Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director Approved as to technical content: Department Director Approved as to form and legal sufficiency: County Attorney 6 STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Donna S. Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Valerie Foushee, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2009. Notary Public My Commission expires: STATE OF COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of 2009. Notary Public My Commission expires: State of North Carolina Agreement for ~ The County of Orange Waste Disposal Services HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR COLLECTION SERVICES AGREEMENT BETWEEN THE COUNTY OF ORANGE AND ECOFLO, INC. THIS AGREEMENT made this the 4th day of June, 2002, by and between the County of Orange, North Carolina, on behalf of its Department of Solid Waste Management, (hereinafter. "County"), and ECOFLO, Inc. (hereinafter referred to as "Contractor"), a Maryland corporation, sets forth the terms and conditions by which the Contractor will provide the County with the services indicated below. WITNESSETH: WHEREAS, County desires to continue its current permanent Household Hazardous Waste Collection Program and to initiate a program to provide hazardous waste disposal services to Conditionally Exempt Small Quantity Generators (CESQGs), including the various local governments within Orange County and the public school systems within Orange County; and WHEREAS, the County desires to hire a professional Contractor knowledgeable and experienced in conducting such waste reuse, recycling and disposal programs; and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such waste reuse, recycling and disposal programs; NOW, THEREFORE, inconsideration of the mutual promises and benefits of this Agreement, the County and the Contractor agree as follows: SECTION 1 Employment of ECOFLO, Inc. Effective June 4, 2002, the County agrees to hire Contractor and Contractor agrees to act as the County's contractor to conduct the Household Hazardous Waste Collection Program as described herein and to provide reuse, recycling and disposal services for hazardous waste generated by Orange County Residents and approved residents of other jurisdictions, Orange County Government Departments, other Local Governments within Orange County, including public school systems within Orange County, and Conditionally Exempt Small Quantity Generators within Orange County. The "Initial Term" of this agreement shall be for three (3) years, or from June 4, 2002 until June 30, 2005, provided that the County allocates sufficient funds, and performance by Contractor is satisfactory. This Agreement maybe 8 extended for an additional term of two (2) yeazs, or from July 1, 2005 until June 30, 2007, as agreed to by the parties. SECTION 2 Definitions: Terms used in this contract aze defined as follows: Resource Conservation and Recovery Act (RCRA): An amendment to the federal Solid Waste Disposal Act of 1965, RCRA was enacted in 1976. Within this contract the acronym RCRA does not only refer to the Statute itself, but also to corresponding regulations codified in the Code of Federal Regulations (CFR), guidance, and policy. The definitions that follow aze based on those established by RCRA, and aze intended to reflect the meaning created by RCRA. Hazardous Waste: A waste with properties that make it dangerous, or capable of having a harmful effect on human health and the environment. As determined by RCRA, hazazdous wastes aze specifically defined as wastes that meet a particulaz listing description (Listed Wastes) or that exhibit a characteristic of hazardous waste (Characteristic Waste). Chazacteristic Waste: Waste that is considered hazazdous under RCRA because it exhibits any of four different measurable properties: ignitability, corrosivity, reactivity, and toxicity. Listed Wastes: Wastes that are considered hazardous under RCRA because they meet specific listing descriptions. The Environmental Protection Agency (EPA) has applied the listing criteria to hundreds of specific industrial wastestreams. These wastes are grouped into four lists located at 40 CFR Part 261, Subpart D. Each listed waste is assigned a hazard code by the EPA to indicate its reason for listing a waste. Acutey Hazazdous Waste: As defined by RCRA, Acutely Hazazdous Wastes are Listed Wastes that are accompanied by the hazard code (H) and aze subject to stricter management standards than most other wastes. Household Hazardous Waste (HHW): Waste generated by a household that could technically be hazardous waste (as defined above) but that is exempt by RCRA from the definition of hazardous waste. Conditionall~Exempt Small Quantity Generator (CESQG): A commercial business, facility or other non-household entity that produces less than 100 kilograms (kg) of hazardous waste, or less than 1 kg of acutely hazardous waste, per calendaz month. Universal Waste: As Codified by 40 CFR Part 273, Universal Wastes are certain widely generated hazazdous wastes with special management provisions intended to ease the management burden and to facilitate recycling. Generator: Any person whose act first creates or produces a hazardous waste, used oil, or medical waste, or first brings such material into RCRA regulation. 2 9 Stor e: Holding hazardous waste for a temporary period, after which the hazardous waste is treated, disposed of, or stored elsewhere. Lab Pack: Drums or approved containers filled with many small containers packed in nonbiodegradable absorbent material. Manifest: Paperwork that accompanies hazardous waste from the point of generation to the point of ultimate treatment, storage, or disposal. Each party involved in the waste's management retains a copy of the RCRA manifest, which contains specific information about the waste. Site Attendant: Contractor employee who works full-time at County's Permanent HHW Facility managing waste received under this contract. SECTION 3 Compensation and Payment: The County agrees to pay Contractor for its services in accordance with the following prices and terms of payment: a) Labor: Contractor will provide one full-time Contractor employee, hereafter "Site Attendant," working 40 hours per week at County's facility: $21,000 per year payable in monthly installments of $1,750. Additional labor by Contractor employees beyond that of the Site Attendant may be billed at the prices set forth in the attached Appendix A. b) Disposal, Supply, and Transportation: All disposal, supply, and transportation charges associated with management of Household Hazardous Waste received during the regular operational hours of the multi-day per week HHW program (see Section 4, subsection b) will be covered by a fixed price of $0.60 per pound of HHW. This weight will be determined as the HHW is received at County's facility, and shall exclude the weight of HHW diverted to Reuse and Other Diversionary programs (as described in Section 4, subsection d) and shall whenever practical exclude the weight of containers used by citizens to deliver the HHW to the facility. Specifically, cardboard boxes, newspaper, bags and other materials used only to transport smaller containers of HHW will not be weighed unless they are contaminated to the extent that they require treatment as HHW. Contractor will bill County monthly for disposal, supplies, and transportation, and shall provide required manifests and reports, as listed in Section 4, subsection k and subsection 1. c) Additional Labor, Services and Supplies: Additional labor, services, and supplies beyond those provided by the Site Attendant when managing waste received at County's HHW facility during the regular operational hours (as defined in Section 4, subsection b) may be obtained by the County at the price set forth in the attached Appendix A, the Pricing Sheet, which is made part of this Agreement. Examples of additional labor, services, and supplies include, but are not limited to the following: • County's purchase of supplies such as 55 gallon drums for programs other than the HHW program; 3 10 • Contractor's provision of additional labor as needed or as requested by County to assist in handling days with heavy participation or in assisting with the management of CESQG waste (as described in Section 4, subsection f); • Contractor's provision of services beyond the hours of the multi-day per week collection program as described in Section 4, subsection b. Examples of this may be holding afull- day collection event on a Saturday, or expanding hours of the multi-day per week collection program for aone-time special occasion (see Section 4 subsection d for further information on Special Events). Provisions of and billing for additional labor, services, and or supplies will take place only upon the mutual agreement of County and Contractor. d) Cost of Services in Future Terms: The prices listed above and in Appendix A are to remain the same for the "Initial Term" of this Agreement. Subsequent price adjustments shall be limited to no more than one price increase during any subsequent contract period. If County and Contractor choose to extend this Agreement for an additional term, as allowed in Section 1 of this Agreement, and if Contractor desires to increase the cost of services during any additional term, any new prices shall be the result of negotiation between County and Contractor. e) Payment Terms: Payment terms are net thirty (30) days from receipt of an accurate invoice and required Data Reports (as described in Section 4, Subsection 1) satisfactory to the County. In the event of dispute as to the accuracy of an invoice, the County agrees to pay all undisputed amounts within the time set forth herein. Invoices will not be paid without submittal of accurate and complete Data Report. If County finds that the Data Report is not satisfactory, County will notify Contractor in writing. The Contractor and the County agree that, in the event the County fails to make payment when due, an amount equal to 3.0% per annum may be added to all undisputed amounts outstanding for more than thirty (30) days. This amount will be calculated based on the number of days in excess of thirty (30) past the date of receipt of said invoice by County to the date payment is received by the Contractor. The County is responsible for notifying the Contractor of any question concerning an invoice. No interest will accrue on disputed amounts while the dispute is pending, unless it is determined by a court of competent jurisdiction that there was no factual or legal basis for the dispute. f) Legislated or Regulated Taxes, Tariffs, Fees, and Surchazges: The County shall reimburse the Contractor for taxes, tariffs, fees, surchazges, or other chazges imposed after the execution date of the Agreement by legislation or regulations enacted or promulgated by any federal, North Carolina, or local agency having jurisdiction, and levied specifically upon the transportation, treatment, storage, incineration, recycling, or disposal of the hazardous waste collected by this program. Contractor shall provide County with thirty (30) days written notice of such change in legislation and shall submit evidence reasonably satisfactory to the County that such chazges have been paid; however, the County shall not reimburse the Contractor for any portion of such taxes, taziffs, fees, surcharges, or other charges arising out of the Contractor's violation of law. 4 11 g) Non-Disposal and Other Services: Prior to the performing any non-disposal services or other service requested by the County, the Contractor shall provide cost estimates to the County for all such services. Specific services and costs shall be subject to advance approval by the County. SECTION 4 Scone of Services: The Contractor shall perform in a good and professional manner the services listed in this Agreement and its Appendices and / or Addendums. County's Request For Proposal (RFP) number 236, and any associated Addendum, as well as Contractor's Proposal dated May 9, 2002, are to be considered attached hereto and incorporated by reference. Any conflict between the terms of this Agreement and the terms of the Request For Proposal or the Proposal will be governed by the terms of this Agreement. a) HHW Collection Program: In an effort to reduce the toxicity of the wastes being buried in the Orange County Landfill and to serve the citizens of Orange County by facilitating the removal of hazardous waste from the environment at large, and specifically to protect local ground water and waterways, the County operates the Household Hazardous Waste Program. The Orange County Permanent Household Hazardous Waste Collection Center is permitted by the State of North Carolina and is subject to the operational requirements and constraints of said permit. A copy of the facility permit shall be made available to Contractor by County, and County is responsible for ensuring that a copy of the permit is located at the household hazardous waste facility at all times. The Household Hazardous Waste Identification Number NCPH0689501 shall be used to ship wastes off site for recycling, treatment or disposal. Contractor will provide at least one (1) fully trained Site Attendant to staff the County's facility, located at 1514 Eubanks Road in Chapel Hill (Orange County Landfill) during all operational hours. This Site Attendant will be an employee of the Contractor, will accept household hazardous waste during the center's operational hours, and shall process the received waste, manage facility maintenance (unless otherwise specified in this Agreement), and perform other necessary chores during the course of the work-week. The Site Attendant may also be required by County to process Electronic Wastes, CESQG Wastes, and to manage and operate County's various reuse programs as defined below in Section 4, subsection e. The County shall also have at least one (1) representative on the property of the Orange County Landfill during the times the facility is open to receive waste. Contractor shall work to have sufficient personnel present at the collection facility during the hours waste is received to accommodate provision of service to all program participants. In the event that one Site Attendant does not prove sufficient on a regular and reoccurring basis, County and Contractor shall jointly develop a plan to sufficiently staff the facility. When accepting Household Hazardous Waste at County's HHW program, if the hazardous waste presented appears to have been generated by a commercial entity, the Site Attendant will interview the participant in order to determine if the waste is indeed commercial in 5 12 origin. Unless otherwise determined by County and Contractor, the Site Attendant will make the decision as to the acceptability and proper handling of said waste using guidelines established by the Orange County Department of Solid Waste Management. If the decision is made to refuse to accept hazardous waste based on the determination that the waste is commercial in origin (and therefore not Household Hazardous Waste), then County, Site Attendant, and Contractor will make every reasonable effort to divert eligible commercial hazardous waste into County's Conditionally Exempt Small Quantity Generator Program. b) Operational Hours and Holiday Schedule: HHW will be accepted at Orange County's HHW Collection Facility four days per week, each week. This "multi-day" per week program is intended to increase participation in County's HHW program, increase HHW program efficiency and cost-effectiveness, and to increase convenience of program for County citizens. The program shall be open to accept HHW from eligible participants during the following hours: Wednesday through Friday, 10 AM until 6 PM; Saturday 7:30 AM until 12 noon. County reserves the right to modify program hours as needed, and shall do so only after receiving the approval of Contractor. The holidays observed by the HHW Program shall coincide with the holidays observed by the Orange County Landfill. In general, the only holidays observed by the Orange County Landfill are Independence Day (4th of July), Thanksgiving Day, Christmas Day, and New Years Day (January 1). The HHW Program will not operate on days when the Orange County Landfill is closed due to a holiday or to special events such as emergencies, adverse weather conditions, or other reasons deemed appropriate by the Orange County Department of Solid Waste Management, the Orange County Manager, or the Orange County Board of County Commissioners. Exceptions to the regular operational hours of the multi-day per week program beyond those listed above shall be made only with prior written approval of County. c) Eligible Participants and Screening of Household Hazardous Waste Participants: Contractor shall accept and process HHW only from residents of one of the counties serviced by County's Household Hazardous Waste Program (presently Orange, Chatham, Durham, and Wake). Site Attendant shall screen each event participant and determine in which county the participant resides, and shall further determine that the waste brought by said participant is Household Hazardous Waste (HHW). Contractor shall present County with monthly reports on program participation and waste management by county of origin (see Section 4, subsection 1 for further details). County reserves the right to accept Household Hazardous Waste from residents of other jurisdictions, and / or to limit the jurisdictions from which County will accept HHW, and to limit the types of waste the program will accept. For example, County may, at some point in the future, choose to limit participation in the program to residents of Orange County only. If County chooses to limit participation, County will work with Contractor and Site Attendant to develop a system for screening residents and determining eligibility to participate in the program. 6 13 d) Special Collection Events: County may, with Contractor's approval, hold special HHW collection events such as extended Saturday collections or satellite collection events. In the case of special events, transportation, disposal, labor, and supplies provided by the Contractor shall be billed at the rates listed in Appendix A unless otherwise agreed by County and Contractor. If permits or other approvals are required in order to hold a special event such as a satellite collection event, County may request Contractor's assistance in seeking said permits or approval, and if assistance is provided Contractor may bill County accordingly for labor. When and if the County operates its HHW Program at times other than those regulazly scheduled for the multi-day per program (as determined in Section 4, subsection b), and Contractor and County determine that additional personnel aze needed to screen event participants or manage accepted waste, Contractor shall provide additional personnel as needed to manage waste and bill County accordingly for labor. County may provide personnel to perform participant screening, or may request that Contractor provide personnel to perform screening and bill County accordingly for labor. e) Reuse and Other Diversion: County may require Contractor to accept and then segregate certain items for purposes other than processing and / or disposal by Contractor. • Reuse Programs: In an effort to reduce hazardous waste disposal costs and to facilitate the reuse of collected materials before recycling or other disposition, County may operate several reuse programs parallel with the HHW program. If waste received by the Contractor at County's facility is deemed reusable, County may ask Contractor to direct certain reusable items to a reuse program such as a "Reuse Shelf' or a "Paint Exchange." These reusable items will be made available for program participants and county citizens to reuse rather than being sent with Contractor for disposal /management. Items directed to the a reuse program may include, but are not limited to, paint, unopened items, aerosols such as paints or lubricants, and / or other items that are determined to be of low toxicity and have potential reuse value, such as household cleaners, motor oil, other automotive fluids, fertilizer, furniture finishes, etc. County and Contractor shall jointly decide what items are to be directed to the reuse programs. Site Attendant shall provide assistance to reuse programs when possible. Contractor may not unreasonably refuse to direct items to the reuse programs. Any individual or institution wishing to take possession of any item with hazardous properties that has been directed to a reuse program must sign an approved Release of Liability, the language of which shall be approved by County and Contractor. Other Diversion: County may also ask Contractor to separate other items beyond those listed above and direct these items to other diversion programs run by the County. Items that maybe directed to other County programs include but aze not limited to propane tanks, other cylinders, clean (otherwise uncontaminated) used motor oil, dry cell batteries, lead acid batteries, and computers and electronic equipment. 7 14 Contractor will not take possession of or title to aforementioned items duected to reuse programs. f) Commercial Waste and the Conditionally Exempt Small Quantity Generator Program: County and Contractor shall jointly establish a program to accept and manage Hazardous Waste produced by Conditionally Exempt Small Quantity Generators (CESQG) located within Orange County. By operating this program jointly with Contractor, County does not take possession of or become the legal generator of any non-governmental commercially generated hazardous waste accepted by the CESQG Waste Program. The County, Site Attendant, and Contractor will work to prevent commercially generated hazardous waste from being falsely presented as household hazardous waste to the Household Hazardous Waste Program. Once established, the CESQG Program may either be operated on specifically scheduled days (schedule to be determined by County and Contractor), or County and Contractor may choose to accept CESQG Waste simultaneously with HHW during HHW collection times. It is County's intention to have the CESQG Program provide low-cost hazardous waste management services to Conditionally Exempt Small Quantity Generators of hazardous wastes. Disposal costs for the CESQG Program shall be paid for by the generator of the waste. A price list itemizing the cost of delivering different types of wastes to the CESQG Program shall be developed by Contractor and approved by County prior to the implementation of the CESQG Program. Assuming that CESQG wastes are accepted by the CESQG Program during the operational hours of the multi-day per week HHW Program, and assuming that the acceptance of the CESQG waste does not necessitate additional Contractor employees beyond the Site Attendant, then the fees charged the CESQGs by Contractor for the acceptance and disposal of CESQG wastes will be discounted based on the fact that County, by paying for Site Attendant, is paying for the labor to manage the acceptance of the CESQG wastes. If additional Contractor labor is needed. to accept CESQG wastes, then County will be billed for the additional labor at the rates identified in Appendix A. When billing County for the chazges associated with managing Household Hazardous Waste ($0.60 per pound as identified in Section 3, subsection b), Contractor will account for any and all accepted CESQG wastes, and will not charge County for CESQG waste disposal. As CESQG waste is delivered to and accepted by the CESQG Program, Contractor will accept payment for disposal of CESQG wastes directly from generator at the time of receipt of said wastes. Contractor shall be solely responsible for collection of payment for disposal costs from the CESQG generator, though County will reasonably assist Contractor in pursuit of payment when possible. g) Waste Generated by Local Governments and Public School Systems within Orange County: Divisions of Orange County Government, other Local Governments within Orange County (Towns of Carrboro, Chapel Hill, and Hillsborough), and the Public School Systems within 8 15 Orange County (Chapel Hill Carrboro Public School System and the Orange County Public School System) may work with Contractor under the terms and conditions of this Agreement for the management of hazardous wastes. If County acts as an intermediary between any Local Government and / or Public School System and Contractor, this action shall not in any way be deemed to cause County to take title to or become a generator of hazardous wastes generated by these entities without express written approval of County. Hazardous wastes that are generated by Local Governments and Public School Systems shall be manifested and billed sepazately to the agency or organization requesting the hazardous waste management service. Whenever possible, hazardous wastes from these entities will be accepted under the CESQG program described in subsection f above. Wastes from these entities may be delivered by said entities to Contractor by appointment at the County HHW facility provided that the entity is a conditionally exempt small quantity generator as defined under 40 CFR 261.5. If wastes are brought to County's HHW facility by Local Governments and / or Public School Systems, it will be the sole responsibility of the generator to ensure that wastes will be transported in a legal and safe manner. As an alternative to having the generator deliver the waste to the County's facility, with Contractor's approval, wastes may be picked up by Contractor at the generator's location(s). If wastes are collected by Contractor at a location other than County's HHW facility, Contractor may charge the generator for collection. h) Unacceptable and Nonconforming Wastes: Unacceptable wastes shall be governed by the terms and conditions of the facility permit as issued by the State of North Carolina. The Orange County Permanent HHW Facility shall not accept or store Polychlorinated biphenyls (PCB) wastes as defined in 40 CFR 761, with the exception of Fluorescent light ballasts and PCB household waste as defined in 40 CFR 761.63. Other wastes that may be considered unacceptable include radioactive wastes, infectious waste, explosive materials, and friable asbestos. Whenever wastes are rejected, the participant presenting the rejected waste will be given a Waste Rejection Notice showing the reasons for non-acceptance and will be provided a list of resources to contact for further information concerning options for and assistance with proper disposal. Waste accepted at County's HHW facility shall be considered nonconforming if it fails to meet the waste description applicable thereto in any material respect. In the event the waste is discovered to be nonconforming at any time within thirty (30) days of the time said waste was accepted by the Contractor, the Contractor may revoke its acceptance of the waste. The revocation of acceptance shall be effective immediately upon receipt of written notice to the County or its agents, if any such agent has been duly authorized by the County in writing. The County shall have seven (7) days to direct an alternative lawful manner of disposition of the nonconforming waste, unless it is necessary by reason of applicable federal, state, or local laws, regulations, orders, permits, ordinances or requirements (collectively law) or by reason of the Contractor facility permit or operating procedure to move the nonconforming waste in less than seven days. If the County does not direct an alternative lawful manner of disposition within said seven days or, if required, within a shorter period, the Contractor shall return the nonconforming waste to the County. The County shall pay the Contractor its 9 16 reasonable expenses and charges for handling, loading, preparing, transporting, storing and caring for nonconforming waste. If the waste is discovered to be nonconforming, the Contractor shall be responsible only for its employees', agents' subcontractors', or invitees' negligent acts or omissions with respect to such waste or failure to perform in accordance with this Agreement. i) County's HHW Facility and Storage of Waste in Said Facility: Contractor may store wastes accepted while providing services in this Agreement in County's permitted HHW facility located at the Orange County Landfill, 1514 Eubanks Road, Chapel Hill, NC 27516. Contractor shall be responsible for all wastes stored within said facility. Storage time and restrictions shall be determined by law, applicable permits and / or licenses, safety considerations, and space demands and expense to the County. The Contractor will develop a collection schedule mutually agreeable to the County. Contractor shall remove waste from said facility as permits, rules, regulations, and law require, and as proves to be efficient for Contractor and cost effective for County. The Contractor shall pick up materials stored in County's facility within seven (7) days of notification to do so by the County or its duly authorized agent, if any. County, at its expense, shall maintain in good working order the HHW facility structure (building), any County property within the facility, and the fire suppression system associated with the HHW storage facility. j) Transportation and Treatment /Disposition of Wastes: As needed, the Contractor shall transport wastes off-site in vehicles permitted for such transportation, according to applicable law. Contractor must provide for disposal of wastes through treatment, recycling and/or incineration with landfilling at a State or Federally permitted hazardous waste disposal site used as a last resort. Contractor shall advise the County as to the options available for the disposition of the waste accepted at County's HHW program. To the extent allowed by law, the County shall choose the method in which the waste shall be reused, recycled, or disposed. County may request that Contractor periodically provide information that County can use to review the methods Contractor uses to manage waste accepted at County's program. County may also develop criteria for determining which wastes are set aside for reuse, recycling, or management by County or other parry of County's choosing, instead of by Contractor (see Reuse and Other Diversion, Section 4, subsection e). k) Manifests: Contractor shall provide to County a Manifest listing all wastes packaged for disposal prior to the waste being transported from County's facility (or the site of a special event). The Contractor shall finalize and / or complete all Manifest and shipping papers upon receipt of waste at Contractor's TSDF facility, and shall provide a completed copy of Manifest to County for County records within fifteen (15) working days of the collection event. 1) Reports and Records: Contractor shall submit monthly reports to the County along with invoices for service. Invoices shall not be processed for payment without said accompanying reports. These monthly reports shall be submitted on a standard form as agreed upon by County and Contractor, and shall contain information on waste amounts, waste composition, event/program participation, and itemized costs as designated by the County and the facility 10 17 permit. The data report shall include a summary of all wastes collected at that month's event, including a material profile, waste stream identification, number of containers collected, weight of container, container size, and container type, and report shall include a breakdown of material accepted by weight by Department of Transportation (DOT) Hazard Class, including the disposal method used to manage this material. The breakdown of waste by weight by DOT Hazard Class must be useful in order to allow County to complete the required State of North Carolina Hazardous Waste Facility Annual Report. Contractor may be asked to provide further assistance with completion of required State reports, and shall respond within two weeks if so requested by County. In addition to above, Contractor shall provide a Certificate of Disposal document attesting that all Waste received from County's program has been properly disposed of. This Certificate of Disposal must list any applicable waste identification numbers (corresponding with information listed on above mentioned waste Manifest), the date of disposal, the location of ultimate disposal, and the disposal method. Certificates of Disposal must be received by County at least every six (6) months. Said Certificate of Disposal is intended to provide documentation in compliance with law attesting that the waste has been ultimately disposed or pursuant to this Agreement. Contractor shall maintain all records for a period of at least five (5) years, and allow the County reasonable access thereto upon receipt of a written request from the County. For all work being performed under this Agreement, the County has the right to inspect, examine, and make copies of any and all books, accounts, records and others writings relating to the performance of the work. Audits shall take place at times and locations mutually agreed upon by both parties, although the Contractor must make the materials to be audited available within one (1) week of the County's request for them. m} Training and Safety: The Contractor's employees or agents shall be trained in the identification of hazardous and acutely hazardous wastes (as defined by Federal and / or North Carolina laws or regulations). Contractor shall be familiar with the facility contingency plan and emergency procedures as itemized in the facility permit. Further, Contractor's employees or agents shall be trained to understand and follow all applicable rules and or regulations pertaining to receiving, handling, packaging, and shipping of hazardous wastes and household hazardous wastes, as well as receiving training for any equipment necessary to handle, containerize, label, load and transport such wastes from the County's service area in a -manner conforming to Federal and North Carolina laws and regulations. Contractor's employees and agents shall be trained to make proper determination of appropriate materials for reuse and recycling. Contractor certifies that it has appropriate safety policies in effect, and that Contractor takes all reasonable and necessary measures to protect Contractor's employees, program participants, and the citizens and environment of Orange County. Additionally, Contractor certifies that its employees are fully informed of said safety policies. 11 18 SECTION 5 Time and Performance: Contractor shall begin the services to be performed under this Agreement upon Notice to Proceed from the County, and shall take any necessary actions to assure readiness for, and successful completion of, the Household Hazardous Waste Collection Program, the Conditionally Exempt Small Quantity Generator Program, and the provision of services to Local Government entities and Public School Systems within or mostly within Orange County. SECTION 6 Termination: Either Contractor or the County may terminate this Agreement for convenience and without cause, upon one hundred twenty (120) days' prior written notice to the other parry. Such termination shall be without prejudice to any remedy Contractor or the County may have pertaining to this Agreement. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The County shall pay for any such work in progress that is completed by Contractor and accepted by the County. SECTION 7 Excuse of Performance: The County's obligation to deliver and Contractor's obligation to accept for disposal any waste pursuant to this Agreement may be suspended by either party in the event of any of the following events which prevent the delivery, transportation, acceptance, treatment, incineration, or disposal of the Waste: act of God, waz, riot, fire, explosion, accident, flood, sabotage; compliance with governmental requests, laws, regulations, orders or actions; revocation or modification of governmental permits or other required licenses or approvals; national defense requirements or any other event beyond the reasonable control of such party; labor trouble, strike, lockout or injunction; provided, however, that the event is not due to acts or omissions which are in the reasonable control of the party claiming an excuse of performance, and further provided that neither party shall be required to settle a labor dispute against its own best judgment. The parties shall use their best efforts to perform this Agreement upon the cessation of the event giving rise to the delay. SECTION 8 Generator of and Title to Waste: The Contractor shall be deemed to be the "Generator" for record keeping and paperwork purposes, of all household hazardous wastes accepted by the Contractor during the Household Hazazdous Waste Program from residents of the County's service azeas. The "Generator" of the Waste pursuant to applicable law shall be determined in accordance with applicable law. Title to all identified household hazardous wastes accepted by the Contractor while performing household hazardous waste management services under this Agreement for transport, recycling and disposal by the Contractor shall pass directly from program participants to the Contractor at the time of Contractor's acceptance of said waste, except as explicitly stated herein, for example 12 19 those wastes directed to Reuse or Other Diversion programs (see Section 2, subsection d). Title to all nonconforming waste not accepted at the site but subsequently accepted by the Contractor for transport, recycling and disposal shall be deemed to pass directly from such residents to the Contractor retroactive to the date received by the Contractor. SECTION 9 Licenses: The Contractor certifies that, prior to performing each service pursuant to this Agreement, it will have any and all federal, North Carolina, and local licenses or permits necessary to perform that service. SECTION 10 Insurance: The Contractor shall procure and maintain, at its expense during the term of this Agreement, at least the following insurance covering the services to be performed under this Agreement: a) Worker's Compensation -statutory b) Employer's Liability - $1,000,000 per occurrence c) General Liability (bodily injury and property damage) - $1,000,000 per occurrence, $2,000,000 annual aggregate combined single limit d) Automobile Liability - $1,000,000 per occurrence combined single limit e) Environmental Impairment Liability for sudden accidental occurrences - $1,000,000 per claims made, $2,000,000 annual aggregate f) Excess Liability Insurance - $8,000,000 per occurrence, $8,000,000 annual aggregate. Excess Liability Insurance policy covers Employer's Liability, General Liability, and Automobile Liability. g} MCS90 Endorsement for hazardous materials transportation - $5,000,000. At least ten (10) days before the first collection day, the Contractor shall provide the County with a Certificate of Insurance showing coverages c, and d above, and naming the County as certificate holder and additional insured. The Contractor shall also provide copies of Certificates of Insurance demonstrating coverages e and f above. Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the contract. Certificates of Insurance on an Accord 25S (7/90) or similaz form meeting required insurance provisions shall be forwarded to the County for Contractor and any subcontractors. Renewal certificates shall be sent to the County fifteen (15) days prior to any expiration date. There shall also be a thirty (30} day notification to the County prior to cancellation or modification of any stipulated insurance coverage. Wording on the Certificate of 13 20 Insurance which states that no liability shall be imposed upon the Contractor for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the County at any time. It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. SECTION 11 Warran :The Contractor warrants that it understands the currently known hazards and suspected hazazds that are presented to persons, property, and the environment by the transportation, treatment, and disposal of hazardous wastes. The Contractor further warrants that it will perform all services under this Agreement in a safe, efficient, and lawful manner using best industry-accepted practices, and in full compliance with all laws. The County warrants that it is in compliance with all laws governing its activities under this Agreement, and that it is under no legal restraint or order which would prohibit transfer of possession or title of collected wastes to the Contractor or prohibit the servicing of such waste or the Contractor's performance of services under this Agreement. SECTION 12 Indemnification: Contractor agrees to defend, indemnify, and hold harmless County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death, and property damage, including any environmental injury, to any person or persons caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent same aze caused by the negligence or misconduct by County. County agrees, to the extent allowed by law and to the extent of insurance policies owned by County, to defend, indemnify, and hold harmless Contractor from all loss, liability, claims or expense, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of County except to the extent same are caused by the negligence or misconduct by Contractor. SECTION 13 Independent Contractor: The Contractor is and shall perform all work and services described in this Agreement as an independent contractor and nov as an officer, agent, servant, or employee of County. Contractor shall have and maintain exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be constituted as creating a partnership or joint venture between County and Contractor. No person performing any work or services described hereunder shall be considered an officer, agent, servant or employee of County, and no such person shall be entitled to any benefits available or granted to employees of County. 14 21 SECTION 14 Obligation of Fund: The parties to this Agreement recognize that the County has budgeted certain specific moneys to support a household hazardous waste collection program, and has allocated a specific portion of these moneys as compensation under this Agreement. The parties further recognize and agree that the County, by entering into this Agreement, has undertaken no obligation to provide any funds to the Contractor other than the specific allocation from the current yeaz's funds that the County has agreed to provide as compensation hereunder. The parties also agree that, if for any reasons not anticipated by the County, funds intended to provide payment for services hereunder cannot be made available, the County has the right to withdraw from this Agreement upon sixty (60) days written notice to the Contractor; provided, however, that any amounts owed to the Contractor by the County for work already performed under this Agreement shall be paid by the County to the Contractor. County may give the Contractor a "not to exceed" price for each fiscal period. In the event that the compensation due to the Contractor from the County approximates the "not to exceed" price, the County shall have the option of curtailing collection and disposal of wastes for the remainder of the fiscal year. SECTION 15 Assig_mnent: This Agreement is binding on the heirs, successors and assigns of the County and the Contractor. This Agreement shall not be assigned by Contractor without the prior written consent of the County. SECTION 16 Irate arg tion: This Agreement represents the entire and integrated agreement between the County and Contractor and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both the County and the Contractor. SECTION 17 Titles of Sections: Section headings inserted herein aze for convenience only, and aze not intended to be used as aids to interpretation and aze not binding on the parties. SECTION 18 Waiver: Any waiver of any breach of any provision of this Contract shall not constitute or operate as a waiver of any breach of such provision of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. SECTION 19 Jurisdiction: This Agreement shall be deemed made in and governed by the laws of the State of North Cazolina. Jurisdiction for the resolution by court proceedings of any disputes arising out of 15 22 this Agreement shall lie exclusively in the North Carolina General Court of Justice, with venue in Orange County. SECTION 20 Suspension Of Work: For any undisputed invoice outstanding for more than forty-five (45) days from the date of the County's receipt of the invoice, the Contractor has the option to suspend all Services specified under this Agreement until the account is brought current. Continued performance andlor completion of Services by the Contractor under this Agreement is contingent upon payment of undisputed invoices by the County in accordance with the Agreement. SECTION 21 Notice: All approvals, authorizations and consents must be in writing or be confirmed by the County and Contractor in writing to be effective pursuant to this Agreement. All notices, demands and other communications required or permitted under this agreement (hereafter "Notice") shall, unless otherwise specified, be in writing, sent by hand delivery, or by certified first class mail, postage prepaid, with return receipt required, to the following person and addresses: As to the County: Director Orange County Department of Solid Waste Management PO Box 17177 Chapel Hill, N. C. 27516 As to the Contractor: Contract Administrator ECOFLO, Inc. 2750 Patterson Street Greensboro, N. C. 27407 or to such other person or address as the party to whom the Notice is sent shall designate in writing in accordance with the provisions of this Paragraph. Any such Notice sent by mail shall be deemed effective when received. 16 23 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Margaret Brown, Chair CONTRACTOR: Jerry Forgey, VP Operations ATTEST: Donna S. Baker, Clerk to the Board WITNESS: signature printed name and title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 17 24 STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Donna S. Baker personally appeazed before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Mazgazet Brown, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2003. Notary Public My Commission expires:, STATE OF COUNTY OF I, a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of Notary Public My Commission expires:, 2003. 18 25 APPendi~ A Pricing Sheet Description - Unit of Measure Price Aerosols 55 Gallon 150.00 Paint in cans (latex and oil/alkyd mixed) Price per pound, acked in cubic 0.35 Paint in cans (latex only) Price per pound, acked in cubic 0.39 Paint in cans (oil /alkyd only) Price per pound, acked in cubic 0.34 High BTU bulk liquids 55 gal 55.00 Low BTU bulk liquids 55 gal 75.00 Liquid Pesticide Loosepacks 55 gal 220.00 Solid Pesticide Loosepacks 55 gal 250.00 Non-oxidizing fertilizer 55 gal 250.00 Alkaline batteries 20 gal 60.00 Alkaline batteries 30 gal 60.00 Alkaline batteries 55 gal 90.00 Mixed dry-cell batteries 55 gal 150.00 Ni-cad batteries 5 gal 30.00 Lead acid batteries, car type Each No Charge Lithium batteries Pound 3.50 /pound Alkaline solid (bulk container) 20 gal 80.00 Alkaline solid (bulk container) 55 gal 350.00 19 26 Description Unit of Measure Price - Flammable liquid loosepack 55 gal 150.00 Flammable liquid loosepack Cubic Yard Box 300.00 Alkaline liquid loosepack 55 gal 200.00 Bulk Alkaline Liquid 20 gal 80.00 Bulk Alkaline Liquid 55 gal 170.00 Fluorescent light tubes (< 4' bulbs) Each 0.65 Fluorescent light tubes (> 4' bulbs) Each 0.90 Oxidizer Solid 30 gal 250.00 Oxidizer Solid 55 gal 350.00 Small Propane cylinders (1 pound or "camp- size" Each 5.00 Propane cylinders (20 pound or standard gas rill-size Each 25.00 Refrigerant Cylinders Each 25.00 Fire Extinguishers (all except carbon tetrachloride Each 5.00 Air, COZ, Nitrogen, Helium and Punctured C tinders Each No charge All Other Cylinders, as received Each Cost plus 15% Acid Liquid loosepack 5 gal 25.00 Acid Liquid loosepack 30 gal 80.00 Acid Liquid loosepack 55 gal 200.00 Mercury debris 5 gal 300.00 Oxidizer Liquid 5 gal 90.00 Organic Peroxide Loosepack 5 gal 90.00 Organic Peroxide Loosepack 20 gal 200.00 Em drums 55 al 10.00 Televisions, Computer Monitors, and other electronics containing Cathode Ray Tubes Each 6.50 Computer Processing Units (CPUs) Each No Charge Computer Peripherals (keyboards, mice, printers, scanners, external drives, and other items intended to be attached to a CPU) Pound 0.05 /pound 20 27 Description Unit of Measure Price " Supplies 85-gallon overpack Each 150.00 55-gallon open-head drum Each 18.00 55-gallon closed-head drum Each 18.00 55-gallon fiber Each 14.00 30-gallon fiber Each 10.50 20-gallon fiber Each 8.50 5 gallon pail (metal) Each 6.00 5 gallon pail (plastic) Each 6.00 Cubic yard box (non-DOT) Each 25.00 Cubic Yard Box Liners (non-DOT) Each 5.00 Cubic yard box (DOT) Each 40.00 Cubic Yard Box Liners (DOT) Each 5.00 Fluorescent light tube box (< 4°) Each No Charge Fluorescent light tube box (> 4') Each No Charge Absorbent Each 4.50 Vermiculite Each 11.00 4 ml drum liners Each No Charge Plastic Sheeting (roll) Each 45.00 Reactive Bags Each No Charge 21 28 Description Unit of Measure .Price Supplies Protective Gear (level I) Each No Charge Protective Gear (level II) Each No Charge Tents (@cost) Each 50.00 Labor Supervisor (weekday) Hour 40.00 Supervisor (weekend) Hour 45.00 Supervisor (holiday) Hour 55.00 Chemist (weekday) Hour 30.00 Chemist (weekend) Hour 35.00 Chemist (holiday) Hour 45.00 Technician (weekday) Hour 25.00 Technician (weekend) Hour 30.00 Technician (holiday) Hour 40.00 Transportation and Related Expenses DOT waste hauling vehicle Each Event 550.00 Vehicles (vans, pick-ups) Each Event No Charge Per Diem (if overnight stay is required) Each No Charge 22 29 STATE OF NORTH CAROLINA THE COUNTY OF ORANGE ADDENDUM TO HOUSEHOLD HAZARDOUS WASTE DISPOSAL AGREEMENT • Addendum to that certain Agreement effective June 4, 2002, between The County of Orange, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and ECOFLO, Inc., a Maryland Corporation, (hereinafter "Contractor") for the provision of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Collection and Disposal Services. In consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Agreement as follows: Term of Agreement Section 1 of the Agreement is amended as follows: The first renewal term of the Agreement will be for two (2) years unless otherwise agreed by the parties; the period from July 1, 2005, through June 30, 2007 (hereafter referred to as initial term) assuming that funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this addendum and the associated Agreement. Assuming that neither County nor the Contractor desire to alter the material terms of the Agreement, and the continuation of this Agreement beyond the initial renewal term is desired by both County and the Contractor, this Agreement may be extended for an additional renewal term of two years, or from July 1, 2007 through June 30, 2009. Terms contained herein that have no consequence on the overall outcome or cost of the Agreement may be amended during the course of this initial or any subsequent renewal term through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement may be executed or a new contract may be signed. Operational Hours and Holiday Schedule: Section 4.b) of the Agreement is amended as follows: HHW will be accepted at Orange County's HHW Collection Facility six (6) days per week, each week. This represents an expansion of service hours beyond the earlier four (4) day per week schedule. The addition of service on Monday and Tuesday is intended to increase participation in County's HHW program and to increase convenience of program for County citizens. The program shall be open to accept HHW from eligible participants during the following hours: Monday through Friday, loam until 6pm, and Saturday 7:30am until 12 noon. County reserves the right to modify program hours as needed, and shall do so only after receiving the approval of Contractor. The timing of the transition from the four-day per week schedule to the six-day per week schedule shall be negotiated between County and Contractor, and expansion is expected to take no later than January 1, 2006, or as the County deems appropriate. 30 The holidays observed by the HHW Program shall coincide with the holidays observed by the Orange County Landfill. In general, the only holidays observed by the Orange County Landfill aze Independence Day (4th of July), Thanksgiving Day, Christmas Day, and New Yeazs Day (January 1). The HHW Program will not operate on days when the Orange County Landfill is closed due to a holiday or to special events such as emergencies, adverse weather conditions, or other reasons deemed appropriate by the Orange County Department of Solid Waste Management, the Orange County Manager, or the Orange County Board of County Commissioners. Exceptions to the regular operational hours of the multi-day per week program beyond those listed above shall be made only with prior written approval of County. Full Force and Effect Except as amended by this Addendum, the Agreement shall remain in full force and effect. 31 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: ATTEST: Moses Cary, Chair Donna S. Baker, Clerk to the Board CONTRACTOR: Signature Printed Name and Title WITNESS: Signature Printed Name and Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 3 32 STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Donna S. Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Cary, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2005. Notary Public My Commission expires: STATE OF _ COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of 2005. Notary Public My Commission expires: 4 33 STATE OF NORTH CAROLINA THE COUNTY OF ORANGE ADDENDUM TO HOUSEHOLD HAZARDOUS WASTE DISPOSAL AGREEMENT Addendum to that certain Agreement effective June 4, 2002, and then amended on July 1, 2005, between The County of Orange, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and ECOFLO, Inc., a Maryland Corporation, (hereinafter "Contractor") for the provision of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Collection and Disposal Services. In consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Agreement as follows: Term of A~reement• Section 1 of the Agreement is amended as follows: The renewal term of the Agreement will be for two (2) years unless otherwise agreed by the parties; the period from July 1, 2007, through June 30, 2009 (hereafter referred to as initial term) assuming that funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this addendum and the associated Agreement. Assuming that neither County nor the Contractor desire to alter the material terms of the Agreement, and the continuation of this Agreement beyond the initial term is desired by both County and the Contractor, this Agreement may be extended for an additional renewal term of two years, or from July 1, 2009 through June 30, 2011. Terms contained herein that have no consequence on the overall outcome or cost of the Agreement may be amended during the course of this initial or any subsequent renewal term through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement may be executed or a new contract may be signed. Comaensation and Payment: Section 3.b) of the Agreement is amended as follows: Disposal, SupRly, and Transportation: All disposal, supply, and transportation charges associated with management of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste received during the regular operational hours of the multi-day per week HHW program (see Section 4, subsection b) will be covered by a fixed price of $0.60 per pound of HHW and CESQG waste. The billed weight will be determined as the waste is received at Contractor's facility, and shall exclude the weight of materials diverted to Reuse and Other Diversionary programs (as described in Section 4, subsection e), shall exclude the weight of the drums, boxes, or other packaging material used by Contractor to hold the waste during storage and shipment of the waste, and shall whenever practical exclude the weight of containers used by citizens and businesses to deliver the HHW to the facility. Specifically, cardboard 34 boxes, newspaper, bags and other materials used only to transport smaller containers of hazardous waste will not be weighed unless they aze contaminated to the extent that they require treatment as hazazdous waste. Contractor will bill County monthly for disposal, supplies, and transportation, and shall provide required manifests and reports, as listed in Section 4, subsection k attd subsection 1. Scone of Services: Section 4.b) of the Agreement is amended as follows: Operational Hours and Holiday Schedule: HHW and CESQG Wastes will be accepted at Orange County's Collection Facility six (6) days per week, each week. The program shall be open to accept acceptable wastes from eligible participants during the following hours: Monday through Friday, loam until 6pm, and Saturday 7:30am until 12 noon. County reserves the right to modify program hours as needed, and shall do so only after receiving the approval of Contractor. The holidays observed by the HHW Program shall coincide with the holidays observed by the Orange County Landfill. In general, the only holidays observed by the Orange County Landfill are Independence Day (4th of July), Labor Day, Thanksgiving Day, Christmas Day, New Yeazs Day (January 1), and Memorial Day. 'The HHW Program will not operate on days when the Orange County Landfill is closed due to a holiday or to special events such as emergencies, adverse weather conditions, or other reasons deemed appropriate by the Orange County Department of Solid Waste Management, the Orange County Manager, or the Orange County Board of County Commissioners. Exceptions to the regular operational hours beyond those listed above shall be made only with prior written approval of County. Section 4.f) of the Agreement is amended as follows: Commercial Waste and Conditionall,~pt Small Quantity Generator Prog ~: County and Contractor shall jointly establish and operate a program to accept and manage Hazazdous Waste produced by Conditionally Exempt Small Quantity Generators (CESQG) located within Orange County. By operating this program jointly with Contractor, County does not take possession of or become the legal generator of any commercially generated hazardous waste accepted by the CESQG Waste Program. The County, Site Attendant, and Contractor will work to prevent commercially generated hazardous waste from being falsely presented as household hazazdous waste to the Household Hazardous Waste Program, and will also work to prevent commercially generated waste that originates from outside of Orange County to be delivered to the program. The CESQG Program will operate during the same hours as the HHW collection, though the County will actively seek to schedule lazge loads of CESQG Waste to be delivered during those times and days when the HHW program experiences less participation, with the objective of both minimizing the need for households participants to wait while CESQG waste is being unloaded, and also to allow Contractor enough notice to provide extra staff if necessary to receive and manage lazge loads of CESQG waste. 2 35 When receiving CESQG Wastes, Contractor shall require the participant (generator) to complete and sign a Conditionally Exempt Small Quantity Generator Certification indicating that they meet the criteria of a conditionally exempt small quantity generator as defined under 40 CFR 261.5, and also certifying that the business/entity is physically located in Orange County. When billing County for the charges associated with managing HHW and CESQG Waste (at the per pound as specified in Section 3, subsection b), Contractor will account for any and all accepted CESQG wastes and shall provide County with a copy of the Conditionally Exempt Small Quantity Generator Certifications, an accurate count of the number of CESQG Participants each month, and as accurate estimate of the amount (in pounds) of CESQG Wastes managed each month. Section 4.g) of the Agreement is amended as follows: Waste Generated by Local Governments and Public School Systems within Orange County_ Divisions of Orange County Government, other Local Governments within Orange County (Towns of Carrboro, Chapel Hill, and Hillsborough), and the Public School Systems within Orange County (Chapel Hill Carrboro Public School System and the Orange County Public School System) may deliver hazardous wastes to the Commercial Waste and Conditionally Exempt Small Quantity Generator Program (see section 4, subsection f) provided that the entity is a conditionally exempt small quantity generator as defined under 40 CFR 261.5. When and if wastes are brought to County's HHW facility by Local Governments and / or Public School Systems it will be the sole responsibility of the generator to ensure that wastes are transported in a legal and safe manner. As an alternative to having the generator deliver the waste to the County's facility, with Contractor's prior approval, wastes may be picked up by Contractor at the generator's location(s). If wastes are collected by Contractor at a location other than County's HHW facility, Contractor may charge the generator for collection. Section 4.n) of the Agreement is created as follows: Program Expansion and Creation of Additional Collection Locations: If during the term of this Agreement, County desires to establish an additional permanent collection location(s),. County and Contractor may negotiate the cost associated with designing, permitting, staffmg and managing the waste accepted at this additional location. If County and Contractor cannot come to mutually acceptable terms and conditions for the terms and scope of work associated with establishing the additional location(s), then County may issue a Requests for Proposals (RFP) to seek a vendor to handle this additional work separately and distinct from the services managed under this Agreement, or County and Contractor may agree to end services under. this Agreement and County may seek RFPs for all work associated with this Agreement and including all new work and services sought by County. Full Force and Effect Except as amended by this Addendum, the Agreement shall remain in full force and effect. 3 36 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Moses Cary, Chair CONTRACTOR: Signature Printed Name and Title ATTEST: Donna S. Baker, Clerk to the Board WITNESS: Signature Printed Name and Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 4 37 STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Donna S. Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Cary, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2007. Notary Public My Commission expires: STATE OF _ COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of 2007. Notary Public My Commission expires: 5 ~~ STATE OF NORTH CAROLINA THE COUNTY OF ORANGE ADDENDUM TO HOUSEHOLD HAZARDOUS WASTE DISPOSAL AGREEMENT Addendum to that certain Agreement effective June 4, 2002, amended on July 1, 2005, and then amended on July 1, 2007, between The County of Orange, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and ECOFLO, Inc., a Maryland Corporation, (hereinafter "Contractor") for the provision of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Collection and Disposal Services. In consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Agreement as follows: Term of Agreement: Section 1 of the Agreement is amended as follows: The renewal term of the Agreement will be for two (2) years unless otherwise agreed by the parties; the period from July 1, 2009, through June 30, 2011 assuming that funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this addendum and the associated Agreement. Terms contained herein that have no consequence on the overall outcome or cost of the Agreement may be amended during the course of this initial or any subsequent renewal term through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement may be executed or a new contract may be signed. Compensation and Payment: Section 3.b) of the Agreement is amended as follows: Disposal, Supply, and Transportation: All disposal, supply, and transportation charges associated with management of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste received during the regular operational hours of the multi-day per week HHW program (see Section 4, subsection b) will be covered by a fixed price of $0.60 per pound of HHW and CESQG waste. The billed weight will be determined as the waste is received at Contractor's facility, and shall exclude the weight of materials diverted to Reuse and Other Diversionary programs (as described in Section 4, subsection e), shall exclude the weight of the drums, boxes, or other packaging material used by Contractor to hold the waste during storage and shipment of the waste, and shall whenever practical exclude the weight of containers used by citizens and businesses to deliver the HHW to the facility. Specifically, cardboard boxes, newspaper, bags and other materials used only to transport smaller containers of hazardous waste will not be weighed unless they are contaminated to the extent that they require treatment as hazardous waste. Contractor will bill County monthly for disposal, supplies, and transportation, and shall provide required manifests and reports, as listed in Section 4, subsection k and subsection 1. Heretofore County has directed that whenever possible Contractor direct latex paint to an appropriately licensed and permitted recycling facility. In an effort to control program costs and maintain public service, effective July 1, 2009 Contractor may direct Latex Paint received at County's facility to an appropriately licensed and permitted Waste To Energy (WTE) facility for disposal by high energy combustion. Full Force and Effect Except as amended by this Addendum, the Agreement shall remain in full force and effect. 2 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: ®~°n¢~ BY: ~.~. ~ ° $~ . Valerie Foushee, C~ir ( 1'rf --~~j'~n~ S. faker, Clerk to the Board RA TOR: Snignature 1'{.~[ - ~ _ ~„i b ~ Printed ame and WITNESS: ~ y f ,~ /~ i ~ Signa e Printed Name and Title ~~ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. pt+P-y ~ Finance Director Approved as to technical content: Department Director A roved as to form and le al sufficienc pP g Y C ty Attorney STATE OF NORTH CAROLINA ORANGE COUNTY I, ~ Q /~riioG~~ , a Notary Public for said County and State, do hereby cert that Donna S. Faker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Valerie Foushee, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the o~~ day of 2009. ~~~:/ N Public My Commission expires: ~~ ~~3 ~~ /_ / aW3 STATE OF Nr} r_ fh C'<c.r~J,~nc` COUNTY OF ,~}; / f~,- ~ I, ~i r,Y'c:~ /,,~ e ~'~ `//-~L~c~ e , a Notary Public, do hereby certify that ~~~~ ~, /E,{c,Q/~,,, ter personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this theJ 'J f"~- day of _ ~ ~ ~~ 2009. F~ ~~~ .1.,9.1 ~ f- ~~~~ _ Notary Public My Commission expires: ~J/~Z 3 ~~ ~. CAROLINE McABEE NOTARY PUBLIC GUILFORD COUNTY, NC Commission Expires ~ ~ f ~~ ~~. 4