HomeMy WebLinkAbout2009-013 Solid Waste - Waste Industries LLC of Durham- Addendum to Agreement dated 10-1-2005 for Urban Curbside Recyclable Materials Collection Services~i9~ 3 ° ~ ~"-oz o0
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STATE OF NORTH CAROLINA
THE COUNTY OF ORANGE
ADDENDUM TO AGREEMENT FOR
URBAN CURBSIDE RECYCLABLE
MATERIALS COLLECTION SERVICES
Addendum to that certain Agreement effective October 1, 2005 between The County of Orange,
on behalf of its Department of Solid Waste Management, (hereinafter "County"), and Waste
Industries, LLC of Durham, North Carolina (hereinafter "Contractor") for the provision of
residential curbside recycling collection services to single family residents, and adjacent small
businesses, schools, churches, and pedestrian recycling stations within residential areas, located
within the Town limits of Carrboro, Chapel Hill and Hillsborough, NC.
In consideration of the mutual promises and conditions set forth herein, the County and
Contractor agree to amend the Agreement as follows:
Defmitions•
Definitions of specific terms referred to throughout this Agreement shall be amended as follows:
Fiber: the subset of Recyclable Materials including newspapers and their inserts, glossy magazines,
and phonebooks, Old Corrugated Cardboard (OCC), and Mixed Paper (OMP).
Recyclable Materials: (also to be known as "recyclables") All newspapers and their inserts, glossy
magazines, phonebooks, corrugated cardboard, mixed paper, glass bottles and jars, aluminum
beverage cans, steel food cans, aluminum foil, aluminum trays, plastic bottles #1, #2, #3; #4, #5, #6,
and #7, empty aerosol cans, and other agreed on materials that are the subject of this Contract.
Term of Agreement:
Section 2 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 April 1, 2009, through March 31, 2011 (hereafter referred to as initial
term) assuming that funds are appropriated annually and the performance of Contractor is
satisfactory. The level of performance expected is defined in this Addendum and the associated
Agreement.
This Contract may be extended and/or expanded following the initial term for a period of two (2)
additional years assuming that the Urban Curbside Recycling Program is successful, that County
approves continuing the program, and that funding is approved annually through the approval of the
overall Department of Solid Waste Management budget.
Terms of this Contract may change if the change is agreed to by Contractor and County.
Contractor has no rights and will acquire no rights to notice or in the County Urban Recycling
Program or in recyclables (as defined in this Contract) beyond those contained in this Contract.
Termination of this Contract resulting from default by Contractor or non renewal at the expiration of
its term or any extension terminates all rights of Contractor with respect to the collection of
recyclables, notwithstanding any law purporting to create a right in Contractor to "displa~~ement
compensation" named as such or identified by any other name.
Costs of Services
Section 4 of the Agreement is amended as follows:
a) Urban Curbside Program
The cost of service for Urban Curbside Recycling for April 1, 2009 through June 30, 20()9 shall
be $3.77 per Residence per month. The cost of service for Urban Curbside Recycling for Fiscal
Year 2009-2010, July 1, 2009 through June 30, 2010, shall be $3.97 per Residence per month.
Residence count shall be the number of units eligible for service in Carrboro, Chapel l:[ill, and
Hillsborough plus any serviceable Non-Residences as described in Section 4, subsection b of
this Contract.
b) Recycling Service to Non-Residences
The cost of providing curbside recycling service to small businesses, churches, and other
institutions that are adjacent to a curbside recycling route will be determined as follows: the cost
will be equal to the cost of providing service to a Residence multiplied by the number o:P sets of
Recycling Bins assigned to the small business, church, or institution (each two bin set shall be
considered the equivalent of one (1) Residence).
Example 1: During Fiscal Year 2009-2010, to service a preschool which is assigned four (4)
curbside recycling bins and is located in a residential area within one of the Towns, the
County will be billed at the rate of 2 x $3.97 per month or $7.94 per month.
The cost of providing curbside recycling service to pedestrian recycling stations that are; nearby
or adjacent to a curbside recycling route will be determined as follows: the cost will be equal to
five (5) times the cost of providing service to a Residence.
Example 3: During Fiscal Year 2009-2010 to service a pedestrian recycling station located at
Carrboro Town Hall, County will be billed at the rate of 5 x $3.97 per month or $1'9.85 per
month.
c) Cost of Services for Future Fiscal Years
The monthly cost of collection per Residence in FY 2010-2011 shall not exceed $3.97 per
Residence multiplied by a factor determined by comparing the Annual measurement of the
Bureau of Labor Statistics Consumer Price Index for Garbage and Trash Collection for 2009 to
the Annual value of the same index for 2008. The index used shall be the US city average and
shall not be seasonally adjusted. If the Bureau of Labor Statistics makes the Consumer Price
Index for Garbage and Trash Collection available for the South Urban Region, then this region-
specific measurement of the index will replace the US city average for the purpose of
determining future costs.
If County and Contractor mutually agree to extend this Contract beyond the initial term, actual
costs for future years will be provided in the contract extension agreement. The formula for
negotiating future costs is to be as follows:
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The cost per Residence for any year shall not exceed the cost per Residence for the previous
year multiplied by a factor determined by comparing the Annual measurement of the Bureau of
Labor Statistics Consumer Price Index for Garbage and Trash Collection for the year ending
that December and comparing it to the annual value of the same index for the year prior to that.
The index used shall be the US city average and shall not be seasonally adjusted.
For example: the cast per Residence for FY 2011-2012 shall be allowed to increase above the
FY 2010-2011 price by a factor determined by the change in the Annual value of the Bureau of
Labor Statistics Consumer Price Index for Garbage and Trash Collection as measured for 2010
and compared to the Annual value for 2009.
d) Expansion or Reduction in Number of Residences Serviced
The Contract may be expanded or reduced at the option of County to include additional or fewer
residential Residences and adjacent small businesses, schools, institutions, churches, and
pedestrian recycling stations. If legislation or ordinances are passed which significantly impact
the program participation, the cost of service may be renegotiated between the Contractor and
County.
e) Fuel Cost Adjustment
No fuel cost adjustment, fuel surcharge, or other energy recovery fee shall be assessed or
included when determining the cost of service provided under this Agreement. In the event
of an extraordinary change in the cost of fuel, be that an increase or a decrease, the cost of
service may be renegotiated if the County and Contractor can mutually agree to terms and
conditions.
Contractor's Representative
Section 7 of the Agreement is amended as follows:
Waste Industries' representative for the purposes of this Agreement shall be:
Richard Johnson
Branch Manager
148 Stone Park Court
Durham, NC 27703
Ph. (919) 596-1363
Contractor shall provide notice to County, as provided for in this Contract, of a change of its
Representative.
Freguency and Time of Collection
Section 8 subsection a and subsection b shall remain unchanged. Section 8 subsection c of the
Agreement is created as follows:
c) Rerouting of Scheduled Services
County and Contractor agree that if it is determined to be mutually beneficial the service
schedule of individual streets may be changed to accommodate more efficient collection of
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Recyclable Materials. Any such reroute shall not change the collection frequency, and each
Residence serviced by the Urban Curbside program will maintain weekly collection frequency.
County shall not unreasonably withhold agreement to conduct reroutes, however County intends
to limit the occurrence of any significant reroute (one that impacts more than 5% of serviced
Residents) to no more than once every two years. County and Contractor agree to plan a major
reroute of service schedule during the summer of 2009. County and Contractor must agree on
the reroute and service schedule before this reroute can begin. Contractor will at its own cost
bear the full expense of an extensive public outreach campaign to notify impacted Residents of
new service schedule. This public outreach campaign will include the posting of signs at key
intersections in the impacted areas, the direct mailing of a notice of schedule change to each
impacted household, and the purchase of print advertisement in local news outlets informing the
public of the new schedules. County will perform the physical posting and removal of reroute
signs. The cost to Contractor for production of the reroute signs is not to exceed $1,500.
County will have the opportunity to approve and sign off on the final text for each of the above
listed features of the public outreach campaign.
Processing Center
Section 14 of the Agreement is amended as follows:
Contractor may maintain a Processing Center at its facilities located in the City of Durham, the City
of Raleigh or at other locations. This Processing Center may be a Contractor owned and operated
facility, or may be that of a third party. All Recyclable Materials collected under this Agreement
may be processed at the Processing Center. Title to Recyclable Materials brought to the Processing
Center shall be with Contractor, and Contractor shall have the responsibility for the sale of such
Recyclable Materials. Storage of Recyclable Materials at the Processing Center shall be limited to
that which can be properly contained pursuant to permits issued by the responsible jurisdiction.
Contractor shall notify County, in writing, not less than thirty (30) days prior to any relocation of the
Processing or Drop-Off Center.
If County elects to operate its own recycling processing center, or if County elects to have the
recyclables collected under this Contract diverted to any other existing facility, the recyclables
collected in this program must be directed by Contractor to that processing center whereupon
they become property of County. Any adjustment in the cost of service deemed necessary by
Contractor because of a contended reduction in net revenue of Contractor as a result of this
change in destination and ownership of Recyclable Materials, or as a result of the need for the
Contractor to make equipment modifications as the result of the redirection of recyclables, shall
be negotiated, in good faith, between the Contractor and County.
Notices
Section 26 of the Agreement is amended as follows:
All notices required or contemplated by this Contract shall be personally served or mailed, postage
prepaid and return receipt requested to the parties as follows:
To: Orange County
Department of Solid Waste Management
Attn: Mr. Robert Taylor
PO Box 17177
Chapel Hill, NC 27516-7177
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To: Waste Industries
Attn: Mr. Richard Johnson
148 Stone Park Court
Durham, NC 27703
Full Force and Effect
Except as amended by this Addendum, the Agreement shall remain in full force and effect.
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IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
COUNTY:
BY:
Valerie Foushee,
ATTEST:
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Printed Name and Title
S. Baker, Clerk to the Board
Printed Name and Title
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Finance ' ector
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STATE OF NORTH CAROLINA
ORANGE COUNTY
I, ~~~~a ~hzj'~l~f ` /~!~=/~17', a Notary Public for said County and State, do hereby
cert{~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 G~~~ 2009.
STATE OF IV~ ~
COUNTY OF ~ C-Q
I ~.. `(, w
personally a
the due execution of the foregoing Agreement.
WITNESS my hand and official seal, this the
"~~~
1 1i'R
a Notary Public, do hereby certify that
ppeared before me this day and acknowledged
Cp day of ~ 2009.
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N tart' Public
My Commission expires: ~ f' - I
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