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HomeMy WebLinkAbout2002 S Solid Waste - Household Hazardous Waste 5 State of North Carolina Agreement for The County of Orange Waste Disposal Services HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR COLLECTION SERVICES AGREEMENT BETWEEN THE COUNTY OF ORANGE AND ECOFLO, INC. THIS AGREEMENT made this the 4th day f June 2002 b and between the Count of Orange, Y Y Y North Carolina, on behalf of its Department of Solid Waste Management, (hereinafter"County"), and ECOFLO, Inc. (hereinafter referred to as "Contractor"), a Maryland corporation, sets forth the terms and conditions by which the Contractor will provide the County with the services indicated below. WITNESSETH: WHEREAS, County desires to continue its current permanent Household Hazardous Waste Collection Program and to initiate a program to provide hazardous waste disposal services to Conditionally Exempt Small Quantity Generators (CESQGs), including the various local governments within Orange County and the public school systems within Orange County; and WHEREAS, the County desires to hire a professional Contractor knowledgeable and experienced in conducting such waste reuse, recycling and disposal programs; and WHEREAS,the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such waste reuse, recycling and disposal programs; NOW, THEREFORE, in consideration of the mutual promises and benefits of this Agreement, the County and the Contractor agree as follows: SECTION 1 Employment of ECOFLO, Inc. Effective June 4, 2002, the County agrees to hire Contractor and Contractor agrees to act as the County's contractor to conduct the Household Hazardous Waste Collection Program as described herein and to provide reuse, recycling and disposal services for hazardous waste generated by Orange County Residents and approved residents of other jurisdictions, Orange County Government Departments, other Local Governments within Orange County, including public school systems within Orange County, and Conditionally Exempt Small Quantity Generators within Orange County. The "Initial Term" of this agreement shall be for three (3) years, or from June 4, 2002 until June 30, 2005, provided that the County allocates sufficient funds, and performance by Contractor is satisfactory. This Agreement may be extended for an additional term of two (2) years, or from July 1, 2005 until June 30, 2007, as agreed to by the parties. SECTION 2 Definitions: Terms used in this contract are defined as follows: Resource Conservation and Recovery Act(RCRA): An amendment to the federal Solid Waste Disposal Act of 1965, RCRA was enacted in 1976. Within this contract the acronym RCRA does not only refer to the Statute itself, but also to corresponding regulations codified in the Code of Federal Regulations (CFR), guidance, and policy. The definitions that follow are based on those established by RCRA, and are intended to reflect the meaning created by RCRA. Hazardous Waste: A waste with properties that make it dangerous, or capable of having a harmful effect on human health and the environment. As determined by RCRA, hazardous wastes are specifically defined as wastes that meet a particular listing description(Listed Wastes) or that exhibit a characteristic of hazardous waste (Characteristic Waste). Characteristic Waste: Waste that is considered hazardous under RCRA because it exhibits any of four different measurable properties: ignitability, corrosivity, reactivity, and toxicity. Listed Wastes: Wastes that are considered hazardous under RCRA because they meet specific listing descriptions. The Environmental Protection Agency(EPA)has applied the listing criteria to hundreds of specific industrial wastestreams. These wastes are grouped into four lists located at 40 CFR Part 261, Subpart D. Each listed waste is assigned a hazard code by the EPA to indicate its reason for listing a waste. Acutely Hazardous Waste: As defined by RCRA, Acutely Hazardous Wastes are Listed Wastes that are accompanied by the hazard code (H) and are subject to stricter management standards than most other wastes. Household Hazardous Waste (HHW): Waste generated by a household that could technically be hazardous waste (as defined above) but that is exempt by RCRA from the definition of hazardous waste. Conditionally Exempt Small Quantity Generator(CESQG): A commercial business, facility or other non-household entity that produces less than 100 kilograms (kg) of hazardous waste, or less than 1 kg of acutely hazardous waste, per calendar month. Universal Waste: As Codified by 40 CFR Part 273, Universal Wastes are certain widely generated hazardous wastes with special management provisions intended to ease the management burden and to facilitate recycling. Generator: Any person whose act first creates or produces a hazardous waste, used oil, or medical waste, or first brings such material into RCRA regulation. 2 Storage: Holding hazardous waste for a temporary period, after which the hazardous waste is treated, disposed of, or stored elsewhere. Lab Pack: Drums or approved containers filled with many small containers packed in nonbiodegradable absorbent material. Manifest: Paperwork that accompanies hazardous waste from the point of generation to the point of ultimate treatment, storage, or disposal. Each party involved in the waste's management retains a copy of the RCRA manifest, which contains specific information about the waste. Site Attendant: Contractor employee who works full-time at County's Permanent HHW Facility managing waste received under this contract. SECTION 3 Compensation and Payment: The County agrees to pay Contractor for its services in accordance with the following prices and terms of payment: a) Labor: Contractor will provide one full-time Contractor employee, hereafter"Site Attendant,"working 40 hours per week at County's facility: $21,000 per year payable in monthly installments of$1,750. Additional labor by Contractor employees beyond that of the Site Attendant may be billed at the prices set forth in the attached Appendix A. b) Disposal, Supply, and Transportation: All disposal, supply, and transportation charges associated with management of Household Hazardous 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. This weight will be determined as the HHW is received at County's facility, and shall exclude the weight of HHW diverted to Reuse and Other Diversionary programs (as described in Section 4, subsection d) and shall whenever practical exclude the weight of containers used by citizens to deliver the HHW to the facility. Specifically, cardboard boxes,newspaper, bags and other materials used only to transport smaller containers of HHW will not be weighed unless they are contaminated to the extent that they require treatment as HHW. 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. c) Additional Labor, Services and Supplies: Additional labor, services, and supplies beyond those provided by the Site Attendant when managing waste received at County's HHW facility during the regular operational hours (as defined in Section 4, subsection b) may be obtained by the County at the price set forth in the attached Appendix A, the Pricing Sheet, which is made part of this Agreement. Examples of additional labor, services, and supplies include, but are not limited to the following: • County's purchase of supplies such as 55 gallon drums for programs other than the HHW program; 3 • Contractor's provision of additional labor as needed or as requested by County to assist in handling days with heavy participation or in assisting with the management of CESQG waste (as described in Section 4, subsection f); • Contractor's provision of services beyond the hours of the multi-day per week collection program as described in Section 4, subsection b. Examples of this may be holding a full- day collection event on a Saturday, or expanding hours of the multi-day per week collection program for a one-time special occasion(see Section 4 subsection d for further information on Special Events). Provisions of and billing for additional labor, services, and or supplies will take place only upon the mutual agreement of County and Contractor. d) Cost of Services in Future Terms: The prices listed above and in Appendix A are to remain the same for the "Initial Term"of this Agreement. Subsequent price adjustments shall be limited to no more than one price increase during any subsequent contract period. If County and Contractor choose to extend this Agreement for an additional term, as allowed in Section 1 of this Agreement, and if Contractor desires to increase the cost of services during any additional term, any new prices shall be the result of negotiation between County and Contractor. e) Payment Terms: Payment terms are net thirty(30)days from receipt of an accurate invoice and required Data Reports (as described in Section 4, Subsection 1) satisfactory to the County. In the event of dispute as to the accuracy of an invoice, the County agrees to pay all undisputed amounts within the time set forth herein. Invoices will not be paid without submittal of accurate and complete Data Report. If County finds that the Data Report is not satisfactory, County will notify Contractor in writing. The Contractor and the County agree that, in the event the County fails to make payment when due, an amount equal to 3.0%per annum may be added to all undisputed amounts outstanding for more than thirty(30) days. This amount will be calculated based on the number of days in excess of thirty(30)past the date of receipt of said invoice by County to the date payment is received by the Contractor. The County is responsible for notifying the Contractor of any question concerning an invoice. No interest will accrue on disputed amounts while the dispute is pending, unless it is determined by a court of competent jurisdiction that there was no factual or legal basis for the dispute. f) Legislated or Regulated Taxes Tariffs Fees and Surcharges: The County shall reimburse the Contractor for taxes, tariffs, fees, surcharges, or other charges imposed after the execution date of the Agreement by legislation or regulations enacted or promulgated by any federal, North Carolina, or local agency having jurisdiction, and levied specifically upon the transportation,treatment, storage, incineration,recycling, or disposal of the hazardous waste collected by this program. Contractor shall provide County with thirty(30) days written notice of such change in legislation and shall submit evidence reasonably satisfactory to the County that such charges have been paid; however, the County shall not reimburse the Contractor for any portion of such taxes, tariffs, fees, surcharges, or other charges arising out of the Contractor's violation of law. 4 g) Non-Disposal and Other Services: Prior to the performing any non-disposal services or other service requested by the County, the Contractor shall provide cost estimates to the County for all such services. Specific services and costs shall be subject to advance approval by the County. SECTION 4 Scope of Services: The Contractor shall perform in a good and professional manner the services listed in this Agreement and its Appendices and/or Addendums. County's Request For Proposal (RFP) number 236, and any associated Addendum, as well as Contractor's Proposal dated May 9, 2002, are to be considered attached hereto and incorporated by reference. Any conflict between the terms of this Agreement and the terms of the Request For Proposal or the Proposal will be governed by the terms of this Agreement. a) HHW Collection Program: In an effort to reduce the toxicity of the wastes being buried in the Orange County Landfill and to serve the citizens of Orange County by facilitating the removal of hazardous waste from the environment at large, and specifically to protect local ground water and waterways, the County operates the Household Hazardous Waste Program. The Orange County Permanent Household Hazardous Waste Collection Center is permitted by the State of North Carolina and is subject to the operational requirements and constraints of said permit. A copy of the facility permit shall be made available to Contractor by County, and County is responsible for ensuring that a copy of the permit is located at the household hazardous waste facility at all times. The Household Hazardous Waste Identification Number NCPH0689501 shall be used to ship wastes off site for recycling,treatment or disposal. Contractor will provide at least one (1) fully trained Site Attendant to staff the County's facility, located at 1514 Eubanks Road in Chapel Hill (Orange County Landfill) during all operational hours. This Site Attendant will be an employee of the Contractor, will accept household hazardous waste during the center's operational hours, and shall process the received waste, manage facility maintenance(unless otherwise specified in this Agreement), and perform other necessary chores during the course of the work-week. The Site Attendant may also be required by County to process Electronic Wastes, CESQG Wastes, and to manage and operate County's various reuse programs as defined below in Section 4, subsection e. The County shall also have at least one (1)representative on the property of the Orange County Landfill during the times the facility is open to receive waste. Contractor shall work to have sufficient personnel present at the collection facility during the hours waste is received to accommodate provision of service to all program participants. In the event that one Site Attendant does not prove sufficient on a regular and reoccurring basis, County and Contractor shall jointly develop a plan to sufficiently staff the facility. When accepting Household Hazardous Waste at County's HHW program, if the hazardous waste presented appears to have been generated by a commercial entity, the Site Attendant will interview the participant in order to determine if the waste is indeed commercial in 5 origin. Unless otherwise determined by County and Contractor, the Site Attendant will make the decision as to the acceptability and proper handling of said waste using guidelines established by the Orange County Department of Solid Waste Management. If the decision is made to refuse to accept hazardous waste based on the determination that the waste is commercial in origin (and therefore not Household Hazardous Waste), then County, Site Attendant, and Contractor will make every reasonable effort to divert eligible commercial hazardous waste into County's Conditionally Exempt Small Quantity Generator Program. b) Operational Hours and Holiday Schedule: HHW will be accepted at Orange County's HHW Collection Facility four days per week, each week. This "multi-day"per week program is intended to increase participation in County's HHW program, increase HHW program efficiency and cost-effectiveness, and to increase convenience of program for County citizens. The program shall be open to accept HHW from eligible participants during the following hours: Wednesday through Friday, 10 AM until 6 PM; Saturday 7:30 AM until 12 noon. County reserves the right to modify program hours as needed, and shall do so only after receiving the approval of Contractor. The holidays observed by the HHW Program shall coincide with the holidays observed by the Orange County Landfill. In general, the only holidays observed by the Orange County Landfill are Independence Day(4th of July), Thanksgiving Day, Christmas Day, and New Years Day(January 1). The HHW Program will not operate on days when the Orange County Landfill is closed due to a holiday or to special events such as emergencies, adverse weather conditions, or other reasons deemed appropriate by the Orange County Department of Solid Waste Management, the Orange County Manager, or the Orange County Board of County Commissioners. Exceptions to the regular operational hours of the multi-day per week program beyond those listed above shall be made only with prior written approval of County. c) Eligible Participants and Screening of Household Hazardous Waste Participants: Contractor shall accept and process HHW only from residents of one of the counties serviced by County's Household Hazardous Waste Program(presently Orange, Chatham, Durham, and Wake). Site Attendant shall screen each event participant and determine in which county the participant resides, and shall further determine that the waste brought by said participant is Household Hazardous Waste (HHW). Contractor shall present County with monthly reports on program participation and waste management by county of origin (see Section 4, subsection 1 for further details). County reserves the right to accept Household Hazardous Waste from residents of other jurisdictions, and/or to limit the jurisdictions from which County will accept HHW, and to limit the types of waste the program will accept. For example, County may, at some point in the future, choose to limit participation in the program to residents of Orange County only. If County chooses to limit participation, County will work with Contractor and Site Attendant to develop a system for screening residents and determining eligibility to participate in the program. 6 d) Special Collection Events: County may, with Contractor's approval, hold special HHW collection events such as extended Saturday collections or satellite collection events. In the case of special events, transportation, disposal, labor, and supplies provided by the Contractor shall be billed at the rates listed in Appendix A unless otherwise agreed by County and Contractor. If permits or other approvals are required in order to hold a special event such as a satellite collection event, County may request Contractor's assistance in seeking said permits or approval, and if assistance is provided Contractor may bill County accordingly for labor. When and if the County operates its HHW Program at times other than those regularly scheduled for the multi-day per program (as determined in Section 4, subsection b), and Contractor and County determine that additional personnel are needed to screen event participants or manage accepted waste, Contractor shall provide additional personnel as needed to manage waste and bill County accordingly for labor. County may provide personnel to perform participant screening, or may request that Contractor provide personnel to perform screening and bill County accordingly for labor. e) Reuse and Other Diversion: County may require Contractor to accept and then segregate certain items for purposes other than processing and/or disposal by Contractor. • Reuse Programs: In an effort to reduce hazardous waste disposal costs and to facilitate the reuse of collected materials before recycling or other disposition, County may operate several reuse programs parallel with the HHW program. If waste received by the Contractor at County's facility is deemed reusable, County may ask Contractor to direct certain reusable items to a reuse program such as a"Reuse Shelf'or a"Paint Exchange." These reusable items will be made available for program participants and county citizens to reuse rather than being sent with Contractor for disposal/management. Items directed to the a reuse program may include, but are not limited to,paint, unopened items, aerosols such as paints or lubricants, and/or other items that are determined to be of low toxicity and have potential reuse value, such as household cleaners,motor oil, other automotive fluids, fertilizer, furniture finishes, etc. County and Contractor shall jointly decide what items are to be directed to the reuse programs. Site Attendant shall provide assistance to reuse programs when possible. Contractor may not unreasonably refuse to direct items to the reuse programs. Any individual or institution wishing to take possession of any item with hazardous properties that has been directed to a reuse program must sign an approved Release of Liability, the language of which shall be approved by County and Contractor. • Other Diversion: County may also ask Contractor to separate other items beyond those listed above and direct these items to other diversion programs run by the County. Items that may be directed to other County programs include but are not limited to propane tanks, other cylinders, clean (otherwise uncontaminated) used motor oil, dry cell batteries, lead acid batteries, and computers and electronic equipment. 7 Contractor will not take possession of or title to aforementioned items directed to reuse programs. f) Commercial Waste and the Conditionally Exempt Small Quantity Generator Program: County and Contractor shall jointly establish a program to accept and manage Hazardous Waste produced by Conditionally Exempt Small Quantity Generators (CESQG) located within Orange County. By operating this program jointly with Contractor, County does not take possession of or become the legal generator of any non-governmental commercially generated hazardous waste accepted by the CESQG Waste Program. The County, Site Attendant, and Contractor will work to prevent commercially generated hazardous waste from being falsely presented as household hazardous waste to the Household Hazardous Waste Program. Once established, the CESQG Program may either be operated on specifically scheduled days (schedule to be determined by County and Contractor), or County and Contractor may choose to accept CESQG Waste simultaneously with HHW during HHW collection times. It is County's intention to have the CESQG Program provide low-cost hazardous waste management services to Conditionally Exempt Small Quantity Generators of hazardous wastes. Disposal costs for the CESQG Program shall be paid for by the generator of the waste. A price list itemizing the cost of delivering different types of wastes to the CESQG Program shall be developed by Contractor and approved by County prior to the implementation of the CESQG Program. Assuming that CESQG wastes are accepted by the CESQG Program during the operational hours of the multi-day per week HHW Program, and assuming that the acceptance of the CESQG waste does not necessitate additional Contractor employees beyond the Site Attendant,then the fees charged the CESQGs by Contractor for the acceptance and disposal of CESQG wastes will be discounted based on the fact that County, by paying for Site Attendant, is paying for the labor to manage the acceptance of the CESQG wastes. If additional Contractor labor is needed to accept CESQG wastes, then County will be billed for the additional labor at the rates identified in Appendix A. When billing County for the charges associated with managing Household Hazardous Waste ($0.60 per pound as identified in Section 3, subsection b), Contractor will account for any and all accepted CESQG wastes, and will not charge County for CESQG waste disposal. As CESQG waste is delivered to and accepted by the CESQG Program, Contractor will accept payment for disposal of CESQG wastes directly from generator at the time of receipt of said wastes. Contractor shall be solely responsible for collection of payment for disposal costs from the CESQG generator, though County will reasonably assist Contractor in pursuit of payment when possible. g) Waste Generated by Local Governments and Public School Systems within Orange Count Divisions of Orange County Government, other Local Governments within Orange County (Towns of Carrboro, Chapel Hill, and Hillsborough), and the Public School Systems within 8 Orange County(Chapel Hill Carrboro Public School System and the Orange County Public School System) may work with Contractor under the terms and conditions of this Agreement for the management of hazardous wastes. If County acts as an intermediary between any Local Government and/or Public School System and Contractor, this action shall not in any way be deemed to cause County to take title to or become a generator of hazardous wastes generated by these entities without express written approval of County. Hazardous wastes that are generated by Local Governments and Public School Systems shall be manifested and billed separately to the agency or organization requesting the hazardous waste management service. Whenever possible, hazardous wastes from these entities will be accepted under the CESQG program described in subsection f above. Wastes from these entities may be delivered by said entities to Contractor by appointment at the County HHW facility provided that the entity is a conditionally exempt small quantity generator as defined under 40 CFR 261.5. If wastes are brought to County's HHW facility by Local Governments and/or Public School Systems, it will be the sole responsibility of the generator to ensure that wastes will be transported in a legal and safe manner. As an alternative to having the generator deliver the waste to the County's facility, with Contractor's approval, wastes may be picked up by Contractor at the generator's location(s). If wastes are collected by Contractor at a location other than County's HHW facility, Contractor may charge the generator for collection. h) Unacceptable and Nonconforming Wastes: Unacceptable wastes shall be governed by the terms and conditions of the facility permit Y ermit as issued b the State of North Carolina. The Orange County Permanent HHW Facility shall not accept or store Polychlorinated biphenyls (PCB) wastes as defined in 40 CFR 761, with the exception of Fluorescent light ballasts and PCB household waste as defined in 40 CFR 761.63. Other wastes that may be considered unacceptable include radioactive wastes, infectious waste, explosive materials, and friable asbestos. Whenever wastes are rejected, the participant presenting the rejected waste will be given a Waste Rejection Notice showing the reasons for non-acceptance and will be provided a list of resources to contact for further information concerning options for and assistance with proper disposal. Waste accepted at County's HHW facility shall be considered nonconforming if it fails to meet the waste description applicable thereto in any material respect. In the event the waste is discovered to be nonconforming at any time within thirty(30) days of the time said waste was accepted by the Contractor, the Contractor may revoke its acceptance of the waste. The revocation of acceptance shall be effective immediately upon receipt of written notice to the County or its agents, if any such agent has been duly authorized by the County in writing. The County shall have seven (7) days to direct an alternative lawful manner of disposition of the nonconforming waste, unless it is necessary by reason of applicable federal, state, or local laws, regulations, orders, permits, ordinances or requirements (collectively law) or by reason of the Contractor facility permit or operating procedure to move the nonconforming waste in less than seven days. If the County does not direct an alternative lawful manner of disposition within said seven days or, if required, within a shorter period, the Contractor shall return the nonconforming waste to the County. The County shall pay the Contractor its 9 reasonable expenses and charges for handling, loading, preparing, transporting, storing and caring for nonconforming waste. If the waste is discovered to be nonconforming, the Contractor shall be responsible only for its employees', agents' subcontractors', or invitees' negligent acts or omissions with respect to such waste or failure to perform in accordance with this Agreement. i) County's HHW Facility, and Storage of Waste in Said Facility: Contractor may store wastes accepted while providing services in this Agreement in County's permitted HHW facility located at the Orange County Landfill, 1514 Eubanks Road, Chapel Hill,NC 27516. Contractor shall be responsible for all wastes stored within said facility. Storage time and restrictions shall be determined by law, applicable permits and/or licenses, safety considerations, and space demands and expense to the County. The Contractor will develop a collection schedule mutually agreeable to the County. Contractor shall remove waste from said facility as permits, rules,regulations, and law require, and as proves to be efficient for Contractor and cost effective for County. The Contractor shall pick up materials stored in County's facility within seven(7) days of notification to do so by the County or its duly authorized agent, if any. County, at its expense, shall maintain in good working order the HHW facility structure (building), any County property within the facility, and the fire suppression system associated with the HHW storage facility. j) Transportation and Treatment/Disposition of Wastes: As needed,the Contractor shall transport wastes off-site in vehicles permitted for such transportation, according to applicable law. Contractor must provide for disposal of wastes through treatment,recycling and/or incineration with landfilling at a State or Federally permitted hazardous waste disposal site used as a last resort. Contractor shall advise the County as to the options available for the disposition of the waste accepted at County's HHW program. To the extent allowed by law, the County shall choose the method in which the waste shall be reused, recycled, or disposed. County may request that Contractor periodically provide information that County can use to review the methods Contractor uses to manage waste accepted at County's program. County may also develop criteria for determining which wastes are set aside for reuse, recycling, or management by County or other party of County's choosing, instead of by Contractor(see Reuse and Other Diversion, Section 4, subsection e). k) Manifests: Contractor shall provide to County a Manifest listing all wastes packaged for disposal prior to the waste being transported from County's facility (or the site of a special event). The Contractor shall finalize and/or complete all Manifest and shipping papers upon receipt of waste at Contractor's TSDF facility, and shall provide a completed copy of Manifest to County for County records within fifteen (15) working days of the collection event. 1) Reports and Records: Contractor shall submit monthly reports to the County along with invoices for service. Invoices shall not be processed for payment without said accompanying reports. These monthly reports shall be submitted on a standard form as agreed upon by County and Contractor, and shall contain information on waste amounts, waste composition, event/program participation, and itemized costs as designated by the County and the facility 10 permit. The data report shall include a summary of all wastes collected at that month's event, including a material profile, waste stream identification, number of containers collected, weight of container, container size, and container type, and report shall include a breakdown of material accepted by weight by Department of Transportation (DOT) Hazard Class, including the disposal method used to manage this material. The breakdown of waste by weight by DOT Hazard Class must be useful in order to allow County to complete the required State of North Carolina Hazardous Waste Facility Annual Report. Contractor may be asked to provide further assistance with completion of required State reports, and shall respond within two weeks if so requested by County. In addition to above, Contractor shall provide a Certificate of Disposal document attesting that all Waste received from County's program has been properly disposed of. This Certificate of Disposal must list any applicable waste identification numbers (corresponding with information listed on above mentioned waste Manifest),the date of disposal, the location of ultimate disposal, and the disposal method. Certificates of Disposal must be received by County at least every six (6) months. Said Certificate of Disposal is intended to provide documentation in compliance with law attesting that the waste has been ultimately disposed or pursuant to this Agreement. Contractor shall maintain all records for a period of at least five (5)years, and allow the County reasonable access thereto upon receipt of a written request from the County. For all work being performed under this Agreement,the County has the right to inspect, examine, and make copies of any and all books, accounts, records and others writings relating to the performance of the work. Audits shall take place at times and locations mutually agreed upon by both parties, although the Contractor must make the materials to be audited available within one (1) week of the County's request for them. m) Training and Safety The Contractor's employees or agents shall be trained in the identification of hazardous and acutely hazardous wastes (as defined by Federal and/or North Carolina laws or regulations). Contractor shall be familiar with the facility contingency plan and emergency procedures as itemized in the facility permit. Further, Contractor's employees or agents shall be trained to understand and follow all applicable rules and or regulations pertaining to receiving, handling, packaging, and shipping of hazardous wastes and household hazardous wastes, as well as receiving training for any equipment necessary to handle, containerize, label, load and transport such wastes from the County's service area in a manner conforming to Federal and North Carolina laws and regulations. Contractor's employees and agents shall be trained to make proper determination of appropriate materials for reuse and recycling. Contractor certifies that it has appropriate safety policies in effect, and that Contractor takes all reasonable and necessary measures to protect Contractor's employees, program participants, and the citizens and environment of Orange County. Additionally, Contractor certifies that its employees are fully informed of said safety policies. 11 SECTION 5 Time and Performance: Contractor shall begin the services to be performed under this Agreement upon Notice to Proceed from the County, and shall take any necessary actions to assure readiness for, and successful completion of, the Household Hazardous Waste Collection Program, the Conditionally Exempt Small Quantity Generator Program, and the provision of services to Local Government entities and Public School Systems within or mostly within Orange County. SECTION 6 Termination: Either Contractor or the County may terminate this Agreement for convenience and without cause, upon one hundred twenty(120) days' prior written notice to the other party. Such termination shall be without prejudice to any remedy Contractor or the County may have pertaining to this Agreement. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The County shall pay for any such work in progress that is completed by Contractor and accepted by the County. SECTION 7, Excuse of Performance: The County's obligation to deliver and Contractor's obligation to accept for disposal any waste pursuant to this Agreement may be suspended by either party in the event of any of the following events which prevent the delivery,transportation, acceptance,treatment, incineration, or disposal of the Waste: act of God, war, riot, fire, explosion, accident, flood, sabotage; compliance with governmental requests, laws, regulations, orders or actions; revocation or modification of governmental permits or other required licenses or approvals; national defense requirements or any other event beyond the reasonable control of such party; labor trouble; strike, lockout or injunction; provided,however, that the event is not due to acts or omissions which are in the reasonable control of the party claiming an excuse of performance, and further provided that neither party shall be required to settle a labor dispute against its own best judgment. The parties shall use their best efforts to perform this Agreement upon the cessation of the event giving rise to the delay. SECTION 8 Generator of and Title to Waste: The Contractor shall be deemed to be the "Generator" for record keeping and paperwork purposes, of all household hazardous wastes accepted by the Contractor during the Household Hazardous Waste Program from residents of the County's service areas. The "Generator" of the Waste pursuant to applicable law shall be determined in accordance with applicable law. Title to all identified household hazardous wastes accepted by the Contractor while performing household hazardous waste management services under this Agreement for transport, recycling and disposal by the Contractor shall pass directly from program participants to the Contractor at the time of Contractor's acceptance of said waste, except as explicitly stated herein, for example 12 those wastes directed to Reuse or Other Diversion programs (see Section 2, subsection d). Title to all nonconforming waste not accepted at the site but subsequently accepted by the Contractor for transport, recycling and disposal shall be deemed to pass directly from such residents to the Contractor retroactive to the date received by the Contractor. SECTION 9 Licenses: The Contractor certifies that, prior to performing each service pursuant to this Agreement, it will have any and all federal,North Carolina, and local licenses or permits necessary to perform that service. SECTION 10 Insurance: The Contractor shall procure and maintain, at its expense during the term of this Agreement, at least the following insurance covering the services to be performed under this Agreement: a) Worker's Compensation- statutory b) Employer's Liability- $1,000,000 per occurrence c) General Liability(bodily injury and property damage) - $1,000,000 per occurrence, $2,000,000 annual aggregate combined single limit d) Automobile Liability- $1,000,000 per occurrence combined single limit e) Environmental Impairment Liability for sudden accidental occurrences - $1,000,000 per claims made, $2,000,000 annual aggregate f) Excess Liability Insurance - $8,000,000 per occurrence, $8,000,000 annual aggregate. Excess Liability Insurance policy covers Employer's Liability, General Liability, and Automobile Liability. g) MCS90 Endorsement for hazardous materials transportation- $5,000,000. At least ten (10) days before the first collection day,the Contractor shall provide the County with a Certificate of Insurance showing coverages c, and d above, and naming the County as certificate holder and additional insured. The Contractor shall also provide copies of Certificates of Insurance demonstrating coverages e and f above. Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the contract. Certificates of Insurance on an Accord 25S (7/90) or similar form meeting required insurance provisions shall be forwarded to the County for Contractor and any subcontractors. Renewal certificates shall be sent to the County fifteen(15) days prior to any expiration date. There shall also be a thirty(30) day notification to the County prior to cancellation or modification of any stipulated insurance coverage. Wording on the Certificate of 13 Insurance which states that no liability shall be imposed upon the Contractor for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the County at any time. It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. SECTION 11 Warranty: The Contractor warrants that it understands the currently known hazards and suspected hazards that are presented to persons, property, and the environment by the transportation, treatment, and disposal of hazardous wastes. The Contractor further warrants that it will perform all services under this Agreement in a safe, efficient, and lawful manner using best industry-accepted practices, and in full compliance with all laws. The County warrants that it is in compliance with all laws governing its activities under this Agreement, and that it is under no legal restraint or order which would prohibit transfer of possession or title of collected wastes to the Contractor or prohibit the servicing of such waste or the Contractor's performance of services under this Agreement. SECTION 12 Indemnification: Contractor agrees to defend, indemnify,and hold harmless County from all loss, liability, claims or expense (including reasonable attorneys' fees)arising from bodily injury, including death, and property damage, including any environmental injury,to any person or persons caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent same are caused by the negligence or misconduct by County. County agrees,to the extent allowed by law and to the extent of insurance policies owned by County,to defend, indemnify,and hold harmless Contractor from all loss, liability, claims or expense, including death or property damage,to any person or persons caused in whole or in part by the negligence or willful misconduct of County except to the extent same are caused by the negligence or misconduct by Contractor. SECTION 13 Independent Contractor: The Contractor is and shall perform all work and services described in this Agreement as an independent contractor and not as an officer, agent, servant, or employee of County. Contractor shall have and maintain exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be constituted as creating a partnership or joint venture between County and Contractor. No person performing any work or services described hereunder shall be considered an officer, agent, servant or employee of County, and no such person shall be entitled to any benefits available or granted to employees of County. 14 SECTION 14 Obligation of Fund: The parties to this Agreement recognize that the County has budgeted certain specific moneys to support a household hazardous waste collection program, and has allocated a specific portion of these moneys as compensation under this Agreement. The parties further recognize and agree that the County, by entering into this Agreement, has undertaken no obligation to provide any funds to the Contractor other than the specific allocation from the current year's funds that the County has agreed to provide as compensation hereunder. The parties also agree that, if for any reasons not anticipated by the County, funds intended to provide payment for services hereunder cannot be made available, the County has the right to withdraw from this Agreement upon sixty(60) days written notice to the Contractor; provided, however, that any amounts owed to the Contractor by the County for work already performed under this Agreement shall be paid by the County to the Contractor. County may give the Contractor a"not to exceed"price for each fiscal period. In the event that-the compensation due to the Contractor from the County approximates the "not to exceed"price, the County shall have the option of curtailing collection and disposal of wastes for the remainder of the fiscal year. SECTION 15 Assignment: This Agreement is binding on the heirs, successors and assigns of the County and the Contractor. This Agreement shall not be assigned by Contractor without the prior written consent of the County. SECTION 16 Integration: This Agreement represents the entire and integrated agreement between the County and Contractor and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both the County and the Contractor. SECTION 17 Titles of Sections: Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 18 Waiver: Any waiver of any breach of any provision of this Contract shall not constitute or operate as a waiver of any breach of such provision of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. SECTION 19 Jurisdiction: This Agreement shall be deemed made in and governed by the laws of the State of North Carolina. Jurisdiction for the resolution by court proceedings of any disputes arising out of 15 this Agreement shall lie exclusively in the North Carolina General Court of Justice, with venue in Orange County. SECTION 20 Suspension Of Work: For any undisputed invoice outstanding for more than forty-five (45) days from the date of the County's receipt of the invoice, the Contractor has the option to suspend all Services specified under this Agreement until the account is brought current. Continued performance and/or completion of Services by the Contractor under this Agreement is contingent upon payment of undisputed invoices by the County in accordance with the Agreement. SECTION 21 Notice: All approvals, authorizations and consents must be in writing or be confirmed by the County and Contractor in writing to be effective pursuant to this Agreement. All notices, demands and other communications required or permitted under this agreement(hereafter "Notice") shall, unless otherwise specified, be in writing, sent by hand delivery, or by certified first class mail, postage prepaid, with return receipt required, to the following person and addresses: As to the County: Director Orange County Department of Solid Waste Management PO Box 17177 Chapel Hill,N. C. 27516 As to the Contractor: Contract Administrator ECOFLO, Inc. 2750 Patterson Street Greensboro,N. C. 27407 or to such other person or address as the party to whom the Notice is sent shall designate in writing in accordance with the provisions of this Paragraph. Any such Notice sent by mail shall be deemed effective when received. 16 IN TESTIMONY WHEREOF, the parties have it hands and seals the day and year first above written. ys f: 52 COUNTY: � s at BY: Margaret Bro Chair Donna S. B er, rk to the Board CONTRACTOR: WITNESS: Je f Forgey, OperationV signature printed name and title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 17 STATE OF NORTH CAROLINA ORANGE COUNTY a Notary Public for said County and State, do hereby certify thairDonna 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 Margaret Brown, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the 97�/day of 2003. Notary Public My Commission expires: STATE OF-No rfl1 Car,) COUNTY OF�7 o)'I fn rd 1, e e , a Notary Public, do hereby certify that r personally appeared before me this day and acknowledged the due execution of tt& f regoing Agreement. WITNESS my hand and official seal, this the u?` f`l day of z4VQ0,5t 2003. Notary Public My Commission expires: y-Q CAROLINE McABEE NOTARY PUBLIC GUILFORD COUNTY, NC ommission Expires 7 '7 18 Appendix A Pricing Sheet Description Unit of Measure Price Aerosols 55 Gallon 150.00 Paint in cans (latex and oil/alkyd mixed) Price per pound, 0.35 packed in cubic Paint in cans (latex only) Price per pound, 0.39 packed in cubic Paint in cans (oil / alkyd only) Price per pound, 0.34 packed in cubic High BTU bulk liquids 55 gal 55.00 Low BTU bulk liquids 55 gal 75.00 Liquid Pesticide Loosepacks 55 gal 220.00 Solid Pesticide Loosepacks 55 gal 250.00 Non-oxidizing fertilizer 55 gal 250.00 Alkaline batteries 20 gal 60.00 Alkaline batteries 30 gal 60.00 Alkaline batteries 55 gal 90.00 Mixed dry-cell batteries 55 gal 150.00 Ni-cad batteries 5 gal 30.00 Lead acid batteries, car type Each No Charge Lithium batteries Pound 3.50 / pound Alkaline solid (bulk container) 20 gal 80.00 Alkaline solid (bulk container) 55 gal 350.00 I 19 I i Description Unit of Measure Price Flammable liquid loosepack 55 gal 150.00 Flammable liquid loosepack Cubic Yard Box 300.00 Alkaline liquid loosepack 55 gal 200.00 Bulk Alkaline Liquid 20 gal 8.0.00 Bulk Alkaline Liquid 55 gal 170.00 Fluorescent light tubes (< 4' bulbs) Each 0.65 Fluorescent light tubes (> 4' bulbs) Each 0.90 Oxidizer Solid 30 gal 250.00 Oxidizer Solid 55 gal 350.00 Small Propane cylinders (1 pound or"camp- Each 5.00 size") Propane cylinders (20 pound or standard gas Each 25.00 grill-size) Refrigerant Cylinders Each 25.00 Fire Extinguishers (all except carbon Each 5.00 tetrachloride) Air, CO2, Nitrogen, Helium and Punctured Each No charge Cvlinders All Other Cylinders, as received Each Cost plus 15% Acid Liquid loosepack 5 gal 25.00 Acid Liquid loosepack 30 gal 80.00 Acid Liquid loosepack 55 gal 200.00 Mercury debris 5 gal 300.00 Oxidizer Liquid 5 gal 90.00 Organic Peroxide Loosepack 5 gal 90.00 Organic Peroxide Loosepack 20 gal 200.00 Empty drums 55 qal 10.00 Televisions, Computer Monitors, and other Each 6.50 electronics containing Cathode Ray Tubes Computer Processing Units (CPUs) Each No Charge Computer Peripherals (keyboards, mice, Pound 0.05 / pound printers, scanners, external drives, and other items intended to be attached to a CPU) 20 Description Unit of Measure Price Supplies 85-gallon overpack Each 150.00 55-gallon open-head drum Each 18.00 55-gallon closed-head drum Each 18.00 55-gallon fiber Each 14.00 30-gallon fiber Each 10.50 20-gallon fiber Each 8.50 5 gallon pail (metal) Each 6.00 5 gallon pail (plastic) Each 6.00 Cubic yard box (non-DOT) Each 25.00 Cubic Yard Box Liners (non-DOT) Each 5.00 Cubic yard box (DOT) Each 40.00 Cubic Yard Box Liners (DOT) Each 5.00 Fluorescent light tube box (< 4') Each No Charge Fluorescent light tube box (> 4') Each No Charge Absorbent Each 4.50 Vermiculite Each 11.00 4 ml drum liners Each No Charge Plastic Sheeting (roll) Each 45.00 Reactive Bags Each No Charge 21 Description Unit of Measure Price Supplies Protective Gear (level 1) Each No Charge Protective Gear(level II) Each No Charge Tents (@cost) Each 50.00 Labor Supervisor (weekday) Hour 40.00 Supervisor (weekend) Hour 45.00 Supervisor (holiday) Hour 55.00 Chemist (weekday) Hour 30.00 Chemist (weekend) Hour 35.00 Chemist (holiday) Hour 45.00 Technician (weekday) Hour 25.00 Technician (weekend) Hour 30.00 Technician (holiday) Hour 40.00 Transportation and Related Expenses DOT waste hauling vehicle Each Event 550.00 Vehicles (vans, pick-ups) Each Event No Charge Per Diem (if overnight stay is required) Each No Charge 22