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Home My WebLink About2012-193 Solid Waste - Waste Industries - Renewal of Urban Curbside Recycling Services Contract STATE OF NORTH CAROLINA THIRD ADDENDUM TO AGREEMENT ORANGE COUNTY FOR URBAN CURBSIDE RECYCLABLE MATERIALS COLLECTION SERVICES Addendum to that certain agreement effective October 1, 2005 between Orange County, 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 consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Contract as follows: Definitions: Definitions of specific terms referred to throughout this Contract shall be amended as follows: Single Stream: Refers to collection of all Recyclable Materials co-mingled and does not require the collection Provider or resident to sort any Recyclable Materials. Term of Agreement: Section 2 of the Contract is amended as follows: The renewal term of the Contract will be for a period of 12 months (July 1, 2012 until June 30, 2013) (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, 2013 to June 30, 2014 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 from July 1, 2012 through June 30, 2013, shall not exceed$3.73 per Residence per month. 11111111.1.11.11.....11111..1111.11.111.11.111 f � Scope of Service Section 5 of the Agreement is amended as follows: Contractor shall collect properly prepared single stream material at the curb. All acceptable material will be commingled in the County provided recycling bins. Contractor may use whatever collection style deemed beneficial when collecting single stream collection including compacting trucks. All material must be delivered to 1514 Eubanks Road, Chapel Hill,North Carolina to be processed for delivery to market unless otherwise agreed upon between County and Contractor. Contractor's Representative Section 7 of the Agreement is amended as follows: Bill Davidson General Manager 148 Stone Park Ct. Durham,NC 27703 Ph. (336)229-0525 Contractor shall provide immediate notice to County, as provided for in this Contract,of a change in its Representative. Transportation and Temporary Storage of Recyclable Materials Section 10 of the Agreement is amended as follows: Contractor shall transport the collected Recyclable Materials to Orange County Solid Waste Management at 1514 Eubanks Road in Chapel Hill, North Carolina. The County shall take title to the Recyclable Materials upon placement in the Recycling Container by Residents and shall be responsible for the sale of such recyclable materials and all of the proceeds of the sales. All acceptable material shall be commingled in the County provided bins and delivered to County as, "Single Stream"material. Processing Center Section 14 of the Agreement is amended as follows: County shall have ownership of Recyclable Materials during the renewal term of this Contract. Contractor must deliver the Recyclable Materials to the Eubanks Processing Center located on Eubanks Road in Chapel Hill, Orange County, as provided in Section 10. Contractor must not deliver material to any other location unless otherwise agreed upon by both parties. Once material is delivered to the Eubanks Road facility, the County is responsible for the processing and sale of such Recyclable Materials. The County will not charge a processing fee to the Contractor. 2 Protection of Recyclable Materials Section 17 of the Agreement is amended as follows: Contractor will no longer have ownership of material. County will be responsible for the processing and sale of material. Notices Section 26 of the Agreement is amended as follows: All notices required or contemplated by this Contract shall be personally served or mailed, postage prepaid and return receipt requested to the parties as follows: To: Orange County Department of Solid Waste Management Attn: Mr. Cody Marshall PO Box 17177 Chapel Hill,NC 27516-7177 To: Waste Industries Attn: Mr. Bill Davidson 148 Stone Park Ct. Durham,NC 27703 Full Force and Effect The Parties confirm the Contract as amended by this Third Addendum and acknowledge and agree that, except as amended by this Third Addendum, the Contract, the First and Second Addendums are binding and remain in full force and effect. In the event of a conflict between the terms of the Contract, the First Addendum, the Second Addendum and the Third Addendum, the terms of the Third Addendum shall prevail. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 3 Mb. _ ... IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. COUNTY: ATT ST: BY: Le-A-A-er-ab IT p2, t illit. Bernadette Pelissier, C air Do . S. B. er, Clerk to the Board .,e,volte • ,col \,, Orange County Board of Commissioners iff , nir,a, 2,1 ei W-71 c 4 NTRACTO N: I ESS: V ti,..A1111, a\, / j 6. , I - A .. s -) , '' "4 nature '-' 0. Si .* e8" fir 0 0 k 1,4)r ; 6 i<, vice 6,-k, ;ei .Q v 1 cl'`I')(J 14, sb u lc-R., 66 v i A 4.A..4 cc pt-iw,:l ifil ei,Y14:42)-- Printed Name and Title 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 Approved as to technical content. G- Gayle Wil , Department Director Approved as to form and legal sufficiency. ofc7/...,4=- O ce of the ounty Attorney 4 STATE OF NORTH CAROLINA ORANGE COUNTY I, ae....te, a Notary Public for said County and State, do hereby certify that 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 Bernadette Pelissier, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the / 5 day of le.e..sieri 2012. olouniluo1/4/ 0,04 NI• C , CV = rz 1401r. Notary Public PUBLIC 2,477 My Commission expires: / /0- % _Kk*' *44t,, EcoNr, o STATE OF /1/0 rik COUNTY OF OF tioe- fr-p--- CycriA;a 4 S-pene , a Notary Public, do hereby certify that F vaok personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal,this the 0?6 day of 9e,„... 2012. . /64 .4Gti Notary Public My Commission expires: 5