HomeMy WebLinkAbout2009-063 Solid Waste - ECOFLO, Inc. - Addendum to Household Hazardous Waste Disposal Agreement~~
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.
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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
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Printed ame and
WITNESS: ~
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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
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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 ~~ ~~.
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