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).
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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).
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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.
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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.
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IN TESTIMONY WHEREOF, the parties have hereunto set their hands
year first above written.
COL7NTY:
BY:
Barry Jacob a
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Donna S. Baker,
CODd~ACTOR:
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This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
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Finance Director
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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
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STATE OF
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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.
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~' AV~~~G aV. My Commission expiresi~y ~ ~P~~ 12-13-2008
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