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HomeMy WebLinkAbout2011-037 Solid Waste - Waste Industries Second Addendum of Urban Curbside Recycling Services AgreementSTATE OF NORTH CAROLINA SECOND ADDENDUM TO AGREEMENT ORANGE COUNTY 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 (hereinafter the "Contract"). In consideratioxl of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Contract as follows: Defimitions• Definitions of specific terms referred to throughout this Contract shall be amended as follows: Processing Fee: Per ton fee paid by the Contractor to the County for delivery of recyclables collected by the Contractor pursuant to this service agreement and delivered to the County's Eubanks Processing Center on Eubanks Road for sorting/marketing by County. Term of Agreement: Section 2 of the Contract is amended as follows: The renewal term of the Contract will be for a period of 15 months (April 1, 2011 until June 30, 2012) (hereinafter "Renewal Term"), assuming that funds are appropriated and the performance of Contractor are satisfactory. This Contract may be extended and/or expanded following the initial and any renewal terms on a month to month basis, upon written request by County at least 30 days prior to expiration. The County may also have the option of extending the renewal term of the Contract for one (1) year from July 1, 2012 to June 30, 2013 assuming that the Urban Curbside Recycling Program is at the expected level of performance. Costs of Services Section 4(a) of the Agreement is amended as follows: a) Urban Curbside Program The cost of service for Urban Curbside Recycling for April 1, 2011 through June 30, 2011 shall be $4.09 per Residence per month. The cost of service for Urban Curbside Recycling for Fiscal Year 2011-2012, July 1, 2011 through June 30, 2012 (including any month to month extension), postage prepaid and return receipt requested to the parties as follows: To: Orange County Department of Solid Waste Management Attn: Mr. Cody Mazshall PO Box 17177 Chapel Hill, NC 27516-7177 To: Waste Industries Attn: Mr. Richard Johnson 148 Stone Park Court Durham, NC 27703 Full Force and Effect The Parties confirm the Contract as amended by this Second Addendum and acknowledge and agree that, except as amended by this Second Addendum, the Contract is binding and is and remains in full force and effect. IN TESTIMONY WHEREOF, the parties have year first above written. ~ eir hands and seals the day and ~'~h. COUNTY: t~ BY: ~~ 1 Bernadette Pelissier, Chair CODi;TRACTO .~ ~. ature Printed Name and Title 5z Clerk to the Board Boazd of Commissioners WI SS: Signature - Ct~r®-,wL As,T sE~~ Printed Name and Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (,~QG~,.G,,.~,,.. ~• Finance Director 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 Bernadette Pelissier, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the o~ ~ day of ~-~%~-~-2Gc~.~.~( 2011. ~ ~ ~~~~ Notary P lic ' My Commission expires:~~ _~~~~~U 1 STATE OF //Pt COUNTY OF '~ I, a Notary Public, do hereby certify that 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 2011. No Pu lic ~,,i .~ ~ ~ ~..~~?n G.4_ My Commission expires: ~-~(,--/l CYNTHIA p. SPENCER NOTARY PUBLIC Carolkia t?o~mrNaion Expires 1A. t011