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HomeMy WebLinkAboutS Solid Waste - ECOFLO for Household Hazardous WasteG-/~~o~ ~Q- • STATE OF NORTH CAROLINA ADDENDUM TO HOUSEHOLD HAZARDOUS THE COUNTY OF ORANGE 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 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, 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 maybe 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 maybe 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. Scone of Services: Section4.b) of the..Agreemexlt~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 Years 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 Conditionally Exempt Small Quantity Generator Program. County and Contractor shall jointly establish and operate 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 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, 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 large 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 large loads of CESQG waste. • 2 • When receiving CESQG Wastes, Contractor shall re wire the artici ant enerat q p p (g or) 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 fj 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, staffing 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 IN TESTIMONY WHEREOF, the parties have hereunto set their hands a e day ~nnd year first above written. y ®`~ ,. • COUNTY: BY: Moses Cary, Chair ATTES Donna S. Baker, Clerk to the Board RACTOR: ~ ~ ~~ Signature ~~ Printed Name and Title ~~~, p~ - WITNES Signa e c~ ~ ., Printed Name an itle /~ ~ (1 y This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director • 4 • J ~~i2PLUe-Ze. ~ ~.Ti~P~ Notary Public My Commission expires: 7~dF3 /l17 CAROLINE McABEE NOTARY PUBLIC GUILFORD COUNTY, NC Commission Expires . r/ f,~ Q • STATE OF NORTH CAROLINA ORANGE COUNTY I, ~ (~ , a Notary Public for said County and State, do hereby certify that onna 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 ~~~ ~~~s=~~~1~ 2007. Notary P is My Commission expires: /D ~/, 3 - a1O ,9' STATE OF Na rtH C~-o ~i'nc~ COUNTY OF Gr~r / ~~'„rd I, ~,~'n~~7 e M~~tbee. , a Notary Public, do hereby certify that f'a ~.c/ /~. /~1 cf~l ~isfer personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the nth day of .7~1tir 2007. 5