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HomeMy WebLinkAbout2004 S Solid Waste - Waste Industries, Inc. of Durham, N C Renewal of Contract for Curbside RecyclingOf}-~ (o/~/aoay STATE OF NORTH CAROLINA ADDENDUM TO CURBSIDE THE COUNTY OF ORANGE RECYCLING AGREEMENT Addendum to that certain Agreement effective July 1, 2001, between The County of Orange, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and Waste Industries, Inc. of Durham, North Carolina, (hereinafter "Contractor") for the provision of residential curbside recycling collection services to single family residences, 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; and designated areas outside of Town limits but within unincorporated Orange County. 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 The term of the contract will be for one (1) year unless otherwise agreed by the parties; the period from July 1, 2004, through June 30, 2005 (hereafter referred to as imtial term) assuming that funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this contract. County may, given sixty (60) days written notice, terminate the services provided under this contract to those residences and other serviced entities outside of Town limits but within unincorporated Orange County (commonly known as Rural Curbside recycling services). Cessation of Rural Curbside recycling services shall not impact services provided to those residences and entities within the Town limits of Can:boro, Chapel Hill, and Hillsborough beyond the specific provisions within this document. Assuming that neither County nor the Contractor desire to alter the terms of this contract, and the continuation of this contract beyond the initial term is desired by both County and the Contractor, this contract maybe extended beyond the initial term on a month-to-month basis for a length of time not to exceed one year. This contract can only be extended beyond initial term assuming that the County recommends continuing the program and County or its successor approves funding of the contract through their approval of the overall landfill and recycling budget. If County does not notify Contractor in writing of its intent to extend this contract beyond the initial term by May 1, 2005, then the contract will expire at the end of the initial term. If County and Contractor choose to continue working together on a month-to-month basis, County may, given at least thirty (30) days written notice, terminate this agreement. Terms contained herein that have no consequence on the overall outcome or cost of the contract maybe amended during the course of the extension through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement maybe executed or a new contract maybe signed. Costs of Service a) In-Town Curbside Program The cost of service for In-Town or Urban Curbside Recycling for July 1, 2004-June 30, 2005 (Fiscal Year 2004-2005) shall be $3.59 per household. Performance Sharing may decrease this cost (see Section 4 of original Agreement). 1 ~ . b) Rural Curbside Program The cost of service for Rural Curbside Recycling for July 1, 2004-June 30, 2005 (Fiscal Year 2004-2005) shall be $1.97 per household. c) Recycling Service to Non-Households 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 household multiplied by the number of bins assigned to the small business, church, or institution. Example 1: During Fiscal Year 2004-2005, to service a preschool which is assigned three (3) curbside recycling bins and located in a residential area within one of the Towns, County will be billed at the rate of 3 x $3.59 per month or $10.77 per month. Example 2: During Fiscal Year 2004-2005, to service a church in unincorporated Orange County which is assigned two (2) curbside recycling bins. and located in a residential area, County will be billed at the rate of 2 x $1.97 per month or $3.94 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 household. Example 3: During Fiscal Year 2004-2005 for Contractor to service a pedestrian recycling station located at Carrboro Town Hall, County will be billed at the rate of 5 x $3.59 per month or $17.95 per month. d) Cost of Services for In-town Curbside if County chooses to end Rural Curbside Recycling If County chooses to exercise its option to end the contracting of Rural Curbside Recycling Services, upon the cessation of Rural Curbside recycling services the monthly cost of collections for In-Town Curbside (also known as Urban Curbside) shall increase by $0.20 per household. The new monthly cost shall be $3.79 per household if the cessation takes place during FY 2004-2005. If Rural Curbside services end mid-month, the resultant monthly charge for both In-Town Curbside recycling and for Rural Curbside recycling shall be prorated as mutually agreed to by County and Contractor. e) Cost of Services for Future Fiscal Years If County and Contractor mutually agree to extend this contract into Fiscal Year 2005-2006 on a month-to-month basis as provided in the Term of Agreement clause, the cost of collection per household in FY 2005-2006 shall not exceed the Fiscal Year 2004-2005 cost per household plus the increased cost factor provided from the Bureau of Labor Statistics Consumer Price Index for Transportation for the South Urban region as measured in January 2005 and compared to January 2004. The cost for In-Town Curbside shall be reduced $0.06 per home per month for each increment of 5 homes per hour collection efficiency over 50 stops per hour (see Section 4 of original Agreement). 2 f) Expansion or Reduction in Number of Units Serviced The contract maybe expanded or reduced at the option of County to include additional or fewer residential homes and adjacent small businesses, schools, institutions, churches, and pedestrian recycling stations. If legislation or ordinances are passed which significantly impact the participation in either program (Rural or In-Town), the cost of service for that program maybe renegotiated between the Contractor and County. County's Representative The County's Representative, for purposes of this Agreement, shall be: Tom Draney Solid Waste Management Orange County PO Box 17177 Chapel Hill, NC 27516-7177 Ph. (919) 969-2072 Frequency and Time of Collection a) In-Town Curbside Contractor shall pass each household once each week and collect materials set at the curb (or at other agreed upon location in the case of a Handicap /Disabled citizen). Collection shall take place no earlier than 7:00 AM and no later than 7:00 PM. b) Rural Curbside Contractor shall pass each household once every other week and collect materials set at the curb, roadside, or at other agreed upon location in the case of a Handicap /Disabled citizen. Collection shall take place no earlier than 7:00 AM and no later than 7:00 PM. c) Holiday Schedule i. Holiday Schedule for Fiscal Year 2004-2005: Contractor will not provide recycling service on Thanksgiving Day, Thursday November 25, 2004. Those recycling services regularly ~rovided on Thursday will be provided on Saturday November 27th. Friday November 26t will receive collection services as usual. Contractor will provide all recycling service as regularly scheduled for the week of Monday December 20, 2004 through Friday December 24, 2004 and the week of December 27, 2004 through December 31, 2004. This (above) is the holiday schedule for the entire 2004-2005 Fiscal Year, other holidays not listed will not be observed. 3 ii. Holiday Schedule for Future Fiscal Years (beyond 2004-2005) Holiday schedules for future years will be negotiated annually and determined by County and Contractor. Holidays with no collection maybe Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's Day, Martin Luther King Jr. Holiday, Good Friday, and Memorial Day. In case of cancellation, Holiday week schedules maybe shifted to have collections a day late following the holiday (i.e., if holiday falls on Thursday, Thursday's collection will be on Friday, Friday's collection will be on Saturday). No changes will occur if a holiday falls on a weekend. iii. Complaint Calls During a Holiday On days when County offices are closed (due to Orange County Government holiday) and Contractor is providing recycling service, County may place the Contractor's office phone number (933-9388 or 596-1363) on its automated telephone system. This will be done in order to allow the citizens of Orange County to contact Contractor directly about issues concerning recycling collection and service. When and if Contractor receives complaint calls, these calls will be logged and handled under the normal complaint procedure (see Section 12 of original Agreement). Full Force and Effect Except as amended by this Addendum, the Agreement shall remain in full force and effect. 4 IN TESTIMONY WHEREOF, the parties have hereunto set their hands year first above written. COL7NTY: BY: Barry Jacob a A' Donna S. Baker, CODd~ACTOR: ~-,, ~ Sign e ~ lea c~L ~~ ~ ~~ Printed Name and Title b rv an ~~ and ~ °°~.~ ~~ ~,~ rr ~ . ,~ i~~~ e"rk to the Board ~/ ature Jd~ti W, 1Uo~~,~~ rJ. r S~G OC, i17~' ~ ~/ Printed Name and Title Se ~-r~ G r ~/ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C~~ Finance Director ~{ .1 JF 5,~~ ~ ~ 4«:I ~ ~ e*,e r'°', ~.~ ...e. ~. ~,~. 4 w'• r t g g• A r • ~ ~ *t 1 F s., ,,,' ~ s n ~ ` ~ F .,,~R.. 5 STATE OF NORTH CAROLINA ORANGE COUNTY I, 1 ~ , a Notary Public for said County and State, do hereby certi y at 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 Barry Jacobs, Chair, sealed with its official seal, and attested by herself as its Clerk. ~ WIT_NESS_my hand_and_afficial_sealrthis the ~-. ~ c STATE OF COUNTY OF ~ ~'~ Notary Public My Commi ~ eF~-16~~ s~s~ Naen Publk. ~ CaroYna ORANGE COUNTY DAVlD HUNT My Commission Expires ZOO I, ARE ~ Jas ~£r~ c~ o S,L , a Notary Public, do hereby certify that ~~-~ N K Go ~2 ~ ~~ 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 ~' cc.g~~s \ 2004. ,~a,ES PETq/l! ~~p ~pSAgr A ~ ~ * ~ tary P li ~' AV~~~G aV. My Commission expiresi~y ~ ~P~~ 12-13-2008 \~FCOUN'S'~' 6