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HomeMy WebLinkAboutAgenda - 06-21-2011 - 5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2011 Action Agenda Item No. 5 ' SUBJECT: County Provision of Recycling Service for Chapel Hill-Carrboro City Schools Facilities DEPARTMENT: Solid Waste PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Memorandum of Understanding for Recycling Collection Services for Chapel Hill-Carrboro City Schools INFORMATION CONTACT: Gayle Wilson, Solid Waste, 968-2885 Michael Talbert, Financial Services, 245-2153 PURPOSE: To enter into a Memorandum of Understanding with the Chapel Hill-Carrboro City School System to provide recycling collection services to Chapel Hill-Carrboro City Schools and other school system facilities. BACKGROUND: Despite the existence of an extensive public recycling program in Orange County as operated by the Department of Solid Waste Management, both public school systems (Chapel Hill-Carrboro City Schools and Orange County Schools) have historically contracted privately for recycling collection services. Solid Waste Management started collecting the Orange County Schools system's recycling in November of 2009. In order to ensure that both public school systems in Orange County have the opportunity to benefit from County-provided recycling collection the Department of Solid Waste Management and the Chapel Hill-Carrboro City School System discussed this possibility in the spring of 2011. The discussion resulted in a request that the Department of Solid Waste Management submit a cost proposal to the school system for the provision of recycling collection services at City schools and facilities. The Department of Solid Waste Management's Recycling Division submitted a cost proposal to the school system for the provision of weekly cart-based collection, of recyclables at each school facility and also for the weekly collection of corrugated cardboard including the provision of bulk waste collection containers (dumpsters) from each of the 16 schools, the transportation center, and the Lincoln Center. The proposal submitted by Solid Waste provided for the recovery of the full cost of providing the services including all direct and indirect costs. In addition to weekly collection, Solid Waste Management would provide the schools with monthly data reports outlining recycling tonnage at each location. The schools would also have 2 further access to any education and outreach that may be needed to help divert additional material from the waste stream. A Memorandum of Understanding (MOU) is attached detailing all of the services proposed. The attached MOU also provides for the collection of miscellaneous bulky items from three Chapel Hill-Carrboro City Schools' locations in roll-off containers. Bulky items include furniture and construction debris. Each roll-off will be collected on an "as needed" basis. The cost to Chapel Hill-Carrboro Schools for this service will be $110 per pull plus tip fees. FINANCIAL IMPACT: The Department of Solid Waste anticipates revenue of $54,832 annually. The Chapel Hill-Carrboro School System will receive more frequent collections and anticipates an annual savings of approximately $8,800 as a result of this arrangement. RECOMMENDATION(S): The Manager recommends that the Board approve the Memorandum of Understanding for Recycling Collection Services with the Chapel Hill Carrboro City Schools and authorize the Manager to sign the agreement and any subsequent addendum or amendments to the agreement. 3 North Carolina Memorandum of Understanding Orange County- For Recyclable Materials Collection Services MEMORANDUM OF UNDERSTANDING between The County of Orange and Chapel Hill -Carrboro City Schools For RECYCLING COLLECTION SERVICES This Memorandum of Understanding (MOU), entered into this the 1st day of July 2011, by and between Orange County ,North Carolina, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and the Chapel Hill -Carrboro City Schools (CHCCS) for the provision of recycling collection services to public schools and other Chapel Hill -Carrboro City School system facilities located throughout Orange County, NC; WHEREAS, Orange County desires its Department of Solid Waste Management to perform fee- based collection of recyclables from Chapel Hill -Carrboro City School facilities as defined herein. NOW, THEREFORE, The Orange County and Chapel Hill -Carrboro City Schools do hereby agree as follows: SECTION 1-Term of MOU The term of this MOU will be from July 1, 2011 through June 30, 2012 and will automatically renew each year unless otherwise agreed in writing by the parties. If either party desires to terminate this MOU, they may do so by providing 30 days written notice to the other party. SECTION 2 -Scope of Service The Orange. County Department of Solid Waste Management shall perform RecyclingBulky item Collection Services as follows: Cart-based Recycling Collection: Weekly collection to the recycling cart sites at the locations indicated on Attachment A. Materials collected in recycling carts shall include aluminum cans, steel cans, aluminum foil, empty aerosol cans, plastic bottles, plastic buckets, all colors of glass bottles and jars, and all clean dry paper including at least newspapers, glossy magazines and catalogues, telephone books, office paper, junk mail, shredded paper, and gable-topped cartons. 4 All carts used for the collection of recyclables must be compatible with the Department of Solid Waste Management's collection equipment. Where needed and desired, the Department of Solid Waste will provide the carts to be used at each facility, and the Chapel Hill - Carrboro City Schools will reimburse the Department of Solid Waste for the verifiable cost of the carts. Once the Schools reimburse the Department of Solid Waste for the purchase price of the carts, the carts become property of the Chapel Hill - Carrboro City Schools. The Department of Solid Waste Management will provide all necessary labels for the carts, and will provide fair wear and tear maintenance to all carts. Bulk Cardboard Collection: Weekly collection of corrugated cardboard from dumpsters at the locations indicated on Attachment B. Material collected includes clean flattened corrugated cardboard and compatible materials such as paper-board tubes and brown paper bags. The Department of Solid Waste. Management will provide one slotted bulk collection container for each location provided on Attachment B. The Department of Solid Waste Management shall provide all necessary container signage and container maintenance including fair wear and tear repairs to containers and-lids. Material Preparation, Processing, and Ownership Chapel Hill - Carrboro City Schools are responsible for preparing materials to the standards defined by the Department of Solid Waste Management. The Department of Solid Waste Management shall clearly label each collection receptacle as to the accepted material and will clearly communicate the standards for acceptable material to the Chapel Hill - Carrboro City Schools Representative. The Department of Solid Waste Management may reject and refuse to collect improperly prepared or contaminated materials. If this happens, the Department of Solid Waste Management will notify the school district's representative or his designee as soon as practical. Both parties agree that they will work together in good faith to correct problems as they occur and to resume normal collections as soon as reasonablypossible. All properly prepared recyclable material becomes the property ofthe Department of Solid Waste Management once placed in the collection container. The Department of Solid Waste Management will act in good faith to ensure that all properly prepared materials collected under this MOU will be recycled as provided for with all materials managed by the public recycling program. No properly prepared materials will be landfilled. Collection Frequency All collection will take place once each week. Collection will not take place at the school locations during the last two weeks of June, the entire month of July, nor during the last two weeks of December unless otherwise agreed by the parties. Collection Locations: The collection locations for the various services are as set out in Attachment A and Attachment B. The collection locations for either service may change, expand, or decrease as negotiated between the 2 5 Chapel Hill - Carrboro City Schools and the Department of Solid Waste Management. As this happens Attachment A and Attachment B- shall be revised accordingly. No such revision shall be binding until agreed upon in writing. by the parties. Missed Collections and Inaccessible Service Locations: If collection is ever missed or improperly performed, Chapel Hill - Carrboro City Schools may notify the Department of Solid Waste Management Representative or his designee and the Department of Solid Waste Management will perform collection by the end of the business day following notification. If a collection location is ever inaccessible at the time service is attempted to be performed, the Department of Solid Waste Management will reattempt service at the earliest practical time with the intention of maintaining weekly collection frequency. If a second attempt at service provision is made and the collection location remains inaccessible, the Department of Solid Waste Management will notify the Chapel Hill - Carrboro City Schools Representative or his designee, and service will resume on the next regularly scheduled interval unless otherwise agreed by both parties. Data Retwrts: The Department of Solid Waste Management shall prepare and provide a monthly data report indicating the weight of material collected from each location plus an annual summary for each year of service. Special Collections /Special Events: The Department of Solid Waste Management may provide carts and collection for recyclables generated at special events on an as needed and as agreed basis, with the inention of supporting waste reduction and recycling efforts at special events. If it is agreed by both parties, and such MOU shall not be unreasonably withheld, that providing these services necessitates an additional charge for the special service, the cost of the special service shall be negotiated between the two parties and billed with other monthly charges as stipulated in Section 3. Miscellaneous Bulky Material Collection The Department of Solid Waste Management will collect roll-off containers filled with miscellaneous bulky items from three Chapel Hill - Carrboro City Schools locations; Chapel Hill High School, the Lincoln enter, and East Chapel Hill High School. Bulky items include furniture and construction debris. The following materials may not be placed in the roll-off container: corrugated cardboard, metal, whole pallets, clean wood (wood that is not painted, treated, or stained), white goods, yard waste and tires. Each roll-off will be serviced on an "as needed" basis, meaning the school district's representative will contact the Department of Solid Waste Management at 919-968-2788 when aroll-off needs to be serviced and the County will respond within 24 hours of the request. Containers will not be serviced on Wednesdays, Thursdays, Saturdays and Sunday. The County will charge the school for each service, the associated tip fee and any other charges due to being a mixed load. Please see Attachment C regarding details for mixed loads. 3 6 SECTION 3 -Cost of Services and Compensation for Services Cost of Service: The cost of weekly cart-based recycling collection to each location on Attachment A shall be $152 per location per month. The cost of weekly bulk cardboard recycling collection to each location on Attachment B shall be $146 per location per month and this cost shall include the provision of the bulk collection container (eight cubic yard dumpster). If the Department of Solid Waste Management provides extra collections due to a special event or other unusual circumstances, the Department of Solid Waste Management and the Chapel Hill - Carrboro City Schools will negotiate and mutually agree upon the cost of service (to be based on full- cost recovery) and this agreed upon amount will be added to the monthly invoice- for services. The cost of the miscellaneous bulky material transportation will be $110 per pull plus the tip fee for the associated load and any other charges due to being a mixed load. Cost in Future Years: The Department of Solid Waste Management may increase the amount charged for collection services one time each year upon written notification to Chapel Hill - Carrboro City Schools Representative and providing such notice with time to allow for consideration of the increased cost of service during the preparation of the School System budget. Any increased cost of service shall be mutually agreed upon by both parties, or the MOU may be terminated as provided for in Section 1. Invoice: The Department of Solid Waste will- invoice the Chapel Hill - Carrboro Schools on a monthly basis for services provided under this MOU. Charges will be billed at the rates established by this MOU. Payment for services provided herein shall become due and payable within thirty (30) days of Department of Solid Waste properly invoicing the Chapel Hill - Carrboro Schools. The County reserves the right to terminate service upon the Chapel Hill - Carrboro Schools' failure to make payment within the time stipulated herein. Upon termination of this MOU by either party, Orange County shall be immediately paid the cost of services provided to date of temvnation. SECTION 4 -Indemnity Chapel Hill - Carrboro City Schools agree to defend, indemnify and hold harmless Orange County, its employees, officers, agents and representatives, from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the performance of this MOU and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Chapel Hill - Carrboro City Schools, their officers, employees, agents, and representatives, except to the extent same are caused by the negligence or willful misconduct of Orange County. It is the intent of this provision to require the Chapel Hill - Carrboro City Schools to indemnify Orange County to the fullest extent permitted under North Carolina law. 7 SECTION 5 -Insurance Chapel Hill - Carrboro City Schools shall purchase and maintain insurance necessary to protect its interest and its officers, employees, agents and other individuals and entities deemed to have an insurable interest. SECTION 5 -Representatives The-County's Representative, for purposes of this MOU, shall be: Gayle Wilson, Director Orange County Department of Solid- Waste Management PO Box 17177 Chapel Hill, NC 27516-7177 Ph. (919) 968-2788 Chapel Hill - Carrboro City Schools Public Schools' representative for purposes of this MOU shall be: Bill Mullin, Director of Facilities Chapel Hill - Carrboro City Schools 750 S. Merritt Mill Road Chapel Hill, NC 27516 Ph. (919) 967-8211 Each party to this MOU Contractor shall provide notice to the other of a change in its Representative. SECTION 6 -Miscellaneous Relationship of Parties: Orange County is an independent- contractor of the Chapel Hill - Carrboro City Schools. Neither the Chapel Hill - Carrboro City Schools nor their employees shall be deemed to employees of Orange County. The Chapel Hill - Carrboro City Schools personnel shall not be employees of or have any contractual relationship with Orange County pursuant to this MOU. Waiver: The failure of Orange County to require compliance by the Chapel Hill - Carrboro City Schools with any provisions of this MOU or the waiver by Orange County of any breach of this MOU shall not constitute a waiver of any claim for damages by Orange County for any breach of this MOU or a waiver of any other required compliance with this MOU or subsequent breach of this agreement. Limitation and Assignment: 5 Orange County and Chapel Hill - Carrboro City Schools each bind themselves, their successors, assigns and legal representatives to the terms of this MOU. Neither party shall assign or transfer its interest in this MOU without the written consent of the other. Governing Law: This MOU and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Dispute Resolution: Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this MOU shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. Entire Agreement: This MOU and any attachments hereto represent the entire and integrated agreement between Orange County and the Chapel Hill - Carrboro City Schools and supersede all prior negotiations, representations or agreement either written or oral. This MOU may be amended only by written instrument signed by both parties. Severability: If any provision of this MOU is held as a matter of law to be unenfor-ceable, the remainder of this MOU shall be valid and binding upon the parties. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ORANGE COUNTY: BY: Frank Clifton, County Manager CHAPEL HILL-CARRBORO WITNESS: CITY SCHOOLS: Signature Signature Printed Name and Title Printed Name and Title 6 9 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director Approved as to technical content: Department Director Approved as to form and legal sufficiency: County Attorney 7 10 STATE OF NORTH CAROLINA ORANGE COUNTY I~ , a Notary Public for said County and State, do hereby certify that Frank Clifton personally appeared before me this date and acknowledged that he is the Manager of Orange County, and acknowledged the due execution of the foregoing Memorandum of Understanding. WITNESS my hand and official seal, this the day of 2011. Notary Public My Commission expires: STATE OF _ COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Memorandum of Understanding. WITNESS my hand and official seal, this the day of 2011. Notary Public My Commission expires: 8 11 ATTCHMENT A RECYCLING CART SITES TO BE SERVICED Facili Name Ph sical Address Carrboro Elementa 400 Shelton Street, Carrboro Ephesus Elementary Estes Hills Elementa 1495E hesus Church Road, Cha el Hiil Estes Hills. Elementa 500 N. Estes Drive, Cha gel Hill Glenwood- Elementa 2 Prestwick Road, Cha el Hill FP Graham Elementa 101 Smith Level-Road, Cha el Hill ''*McDou le Elementa /Middle School 890 & 900 Old Fa etteville Road, Cha el Hill Morris Grove Elementa 215 Eubanks Road, Cha el Hill Rashkis Elementa 601 Meadowmont Lane, Ct~a el Hill Ma Scro s Elementa 501 ICildaire Road, Cha el Hill Seawell Elementa 9115 Seawell School Road, Cha el Hill Culbreth Middle 225 Culbreth Road, Cha el Hill Philli s Middle 606 N. Estes Drive, Cha el Hall Smith Middle 9201 Seawell School Road, Chapel Hill Carrboro Hi h 201 Rock Haven Road, Carrboro Cha el Hill Hi h 1709 Hi h School Road, Cha el Hill East Cha el Hill Hi h 500 Weaver Dai Road, Cha el Hill Trans ortation Center 1708 Hi h School Raad, Cha el Hill Lincoln Center 750 Merritt Mill Road, Chapel Hill 27516 **McDougle Elementary and Middle Schools share facilities 12 ATTACHMENT B BULK CARDBOARD SITES TO BE SERVICED WEEKLY Facilit -Name Ph ical Address Carrboro Elementa 400 Shelton Street, Carrboro Ephesus Elementary Estes Hills Elementa 1495E hesus Church Road, Cha el Hill Estes Hills Elementa 500 N. Estes Drive, Cha el Hill Glenwood Elementa 2 Prestwick Road, Cha el Hill FP Graham Elementa 101 Smith Level Road, Ch el Hill **McDou le Elementa 1 Middle School 890 & 900 Old Fa etteville Road, Chapel Hill Morris Grove Elementa 215 Eubanks Road, Cha el Hill Rashkis Elementa 601 Meadowmont Lane, Cha el HiJI Ma Scro s Elementa 501 Kildaire Road, Cha e1 Hill Seawell Elementa 9115 Seawell School Road, Cha el Hilf Culbreth Middle 225 Culbreth: Road, Cha el Hill Philli s Middle 606 N. Estes Drive, Cha el Hill Smith Middle 9201 Seawell School Road, Cha el Hill Carrboro Hi h 201 Rock Haven Road, Carrboro Cha el Hill Hi h 1709 Hi h School Road, Cha el Hill East Cha el Hill Hi h 500 Weaver Dai Road, Cha el Hill Trans ortation Center 1708 Hi h School Road, Cha el Hill Lincoln Genter 750 Merritt Mill Road, Chapet Hill 27516 * * McDougle Elementary and Middle Schools share Facility 10 13 ATTACHMENT C MIXED LOAD PENALTY A Mixed Waste Penalty (MLP) is levied against loads disposed of at the Orange County Landfill that contain clean wood, metal, whole pallets, white goods, tires and/or corrugated cardboard. A MLP is paid at the cost of double tip fee charge. Tickets will be compiled and sent out with monthly statements. 11