HomeMy WebLinkAbout2001 S Solid Waste - Waste Industries Inc fpr Curbside Recycling State of North Carolina Agreement for
The County of Orange Recycling Services
CURBSIDE RECYCLING AGREEMENT
between
The County of Orange
and
Waste Industries,Inc.
This agreement,entered into this the I"day of July 2001,by and between the County of Orange,
North Carolina,on behalf of its Department of Solid Waste Management, (hereinafter"County"),
and Waste Industries, Inc. of Durham,North Carolina(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;and designated areas outside of Town
limits but within unincorporated Orange County
WHEREAS, Waste Industries desires to provide Recycling Collection Services as defined herein;
NOW; THEREFORE,The County of Orange and Waste Industries do hereby agree as follows:
SECTION 1
Definitions
For purposes of this Agreement,the following terms shall apply:
Recyclable Materials: (also to be known as"recyclables")All newspapers and their inserts, glossy
magazines,phonebooks, glass bottles and jars, aluminum beverage cans,steel food cans,plastic
bottles#1,#2,#3,#4,#5,#6,and#7,empty aerosol cans,dry-cell batteries,and other agreed on
materials that are the subject of the County's recycling collection contract.
Dry-Cell Batteries: For the sake of this Contract,the following batteries shall be considered dry-cell
batteries: Alkaline,Zinc Carbon,Nickel Cadmium(NiCd),Nickel Metal Hydride(Ni-MH),
Lithium,Lithium Ion(Li-ion), Silver Oxide,.Mercury,Zinc Air,and Sealed Lead Acid(Pb). The
maximum size battery accepted by this program will be two pounds(2 lbs.). All dry-cell batteries
accepted by this program will be managed under compliance with Federal Universal Waste Rules.
Recycling Collection Services: Those services to be performed by Contractor as follows,except
where otherwise noted in this agreement: (a)the collection of Recyclable Materials from residential
areas specifically designated by the parties; (b)processing of Recyclable Materials which include
the sorting and preparation of Recyclable Materials for marketing at the Processing Center; (c)
marketing of the Recyclable Materials; and(d)keepingaccurate and thorough records of the
amount of materials and number of households collected weekly.
County: "County"shall mean the County of Orange,NC who is the administrator of this recycling
program managed by the Department of Solid Waste Management.
Orange County: "Orange County"shall refer to the area within the geographic boundaries of
Orange County,NC.
Towns: Unless otherwise stated,"Towns"shall mean the Towns of Carrboro, Chapel Hill, and
Hillsborough,which are incorporated municipalities within or mostly within Orange County,NC.
Successor: In the case of a transfer of landfill administration,the future government or organization
that administers the Orange County Landfill.
In-Town Curbside(also to be known as Urban Curbside): that part of this curbside recycling
program intended to provide weekly collection service to Residences located within the municipal
boundaries of the Towns.
Rural Curbside: that part of this curbside recycling program intended to provide bi-weekly
collection service(every-other week)to Residences located in select areas of unincorporated
Orange County outside the municipal boundaries of the Towns.
Recycling Containers: Recycling bins made of rigid plastic construction to be used by residents to
set out their Recyclable Materials and provided by County or future landfill administrative
government/organization.
Residence: A single-family home,duplex,triplex,or otherwise adjoined townhome,or an approved
church, school, small business,institution,or small apartment complex within residential sectors of
the Towns or Orange County. The occupant of a Residence shall be referred to as a Resident.
Segregated Materials: Recyclable Materials placed in or adjacent to Recycling Container.
Set Out: A Set Out shall be defined as having occurred when one Residence places one or more
Recycling Containers at the curb for collection. When counting set outs for measuring participation
and productivity, Contractor shall count one set out for each residence participating in the program.
This count will be based on the number of households or Residences participating,not on the
number of Recycling Containers collected.
Handicap/Disabled: shall refer to citizens of the Towns or Orange County who,for the purposes of
this agreement,will receive recycling service at their back door or some place other than curbside.
County staff will make the determination as to which citizens are eligible for Handicap collection.
Said determination will be based upon citizen need,a's judged by County staff,and shall generally
be based upon the citizen being eligible to receive an handicap parking permit from the NC Division
of Motor Vehicles. Additionally,Handicap/Disabled services shall generally not be granted to
Residences with able-bodied adults in the household.
SECTION 2
Term of Agreement
The term of the contract will be for two(2)years unless Qtherwise agreed by the parties;the period
from July 1,2001,through June 30,2003 (hereafter referred to as initial 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.
This contract may be extended and/or expanded following the initial term for a period of two (2)
additional years assuming that the project is successful,County recommends continuing the
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program, and funding is approved annually through the approval of the overall landfill and recycling
budget. After two (2)years, contract extension may be negotiated yearly.
Certain terms of this contract may be subject to change annually pending notice to the contractor
and successful negotiation between the Contractor and County.
SECTION 3
Costs of Service
a) In-Town Curbside Program
The cost of service for In-Town Curbside Recycling for July 1,2001-June 30,2002 (Fiscal Year
2001-2002)shall be$3.53 per household. Performance Sharing may decrease this cost(see
Section 4).
b) Rural Curbside Program
The cost of service for Rural Curbside Recycling for July 1,2001-June 30,2002 (Fiscal Year
2001-2002)shall be$1.94 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 2001-2002,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$3.53 per month or$10.59 per month.
Example 2: During Fiscal Year 2001-2002,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$1.94 per month or$3.88 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 2001-2002 for Contractor to service a pedestrian recycling
station located at Carrboro Town Hall, County will be billed at the rate of 5 x$3.53 per
month or$17.65 per month.
d) Cost of Services for Future Fiscal Years
The Cost of collection per household in 2002-2003#for both In-Town and Rural Curbside shall
not exceed the Fiscal Year 2001-2002 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 2002 and compared to January 2001. 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).
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If County and Contractor mutually agree to extend this contract beyond initial term, actual costs
for future years are to be negotiated annually. The formula for negotiating future costs is to be
as follows:
The cost per household for any year shall not exceed the cost per household for the previous
year multiplied by a factor equal to the Bureau of Labor Statistics Consumer Price Index for
Transportation for the South Urban region as measured in January of the current year and
compared to January of the previous year. The cost for In-Town Curbside may be reduced
$0.06 per home per month for each increment of 5 homes per hour collection efficiency over 50
stops per hour.
For example: the cost per household for 2003-2004 shall be allowed to increase above the 2002-
2003 price by an amount equal to the Bureau of Labor Statistics Consumer Price Index for
Transportation for the South Urban region as measured in January 2003 and compared to
January 2002. The cost for In-Town Curbside shall be reduced$0.06 per home for each
increment of 5 homes per hour collection efficiency over 50 stops per hour.
e) Expansion or Reduction in Number of Units Serviced
The contract may be 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 may be
renegotiated between the Contractor and County.
SECTION 4
Performance Sharing
Performance Sharing shall apply to In-Town Curbside collection only,and will be based on
measured improvements in operational productivity. Any increase in productivity will be measured
against a base of 50 homes per hour collected. This measurement shall be based on the actual bin
set out rate. If an increase in productivity is measured, for each five homes per hour improvement
above the base of 50,Contractor will reduce the cost of the monthly invoice by$0.06 per resident.
The homes per hour calculation will be based on the total Set Outs per month divided by the total
truck hours required to for the curbside collection vehicles to collect,transport,and unload the
recyclable materials. This calculation will be made on a monthly basis from daily reports of total
set outs and truck hours. This data will originate from Contractor's daily truck information
accumulated each month. Contractor shall furnish the information needed to make such a
calculation,and Contractor will make this calculation. Contractor will include both the data used to
make said calculation and the result of said calculation with the required monthly report. In the
event that an improvement in productivity is determined to have taken place during any month,the
cost of collection shall be reduced by$0.06 per household billed.. This reduction in collection cost
per household shall be in effect for the month in which the increase in productivity was measured
and for all months that follow throughout the remainder pf the contract.
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SECTION 5
Scone of Services
Contractor shall perform Recycling Collection Services as follows:
Contractor shall collect and remove for marketing or reuse all properly prepared Recyclable
Materials which are placed in or adjacent to approved Recycling Containers at the curb,roadside(in
the case when there is no curb),or other agreed upon location in the case of Handicap/Disabled
collection(for further details about proper preparation of Recyclable Materials, see Section 13 of
this Contract).
In-Town Routes will be run on a once per week collection schedule,and Rural Routes will be run
on a once every other week(biweekly)collection schedule. The Recycling Collection Services
performed may be expanded or contracted as the budget and other constraints permit.
Contractor shall assist in collection effectiveness by ensuring that any materials spilled in the
process of recycling collections,or any overflowing recylables,are collected and placed in the
truck. Collectors shall carry a broom and dustpan to sweep up any broken glass or litter that occurs
in the process of recycling. Collection personnel shall also pick up any recyclables under or
immediately next to the recycling containers,when recyclables have been properly contained.
When and if County receives a report of spilled recyclables,and County determines that said
spillage of materials occurred due to action or inaction of Contractor, County may require
Contractor to clean said spilled recyclables on the same business day that the report was received by
County. Failure to clean up verifiably spilled recyclable materials on the day of report of said
spillage may result in penalty fines being levied by County. County may assess a$25.00 penalty
per day for each verifiable occurrence of spilled recyclable materials not cleaned up by Contractor
by 5:00 PM of the day of notification. A single verifiable occurrence of spilled recyclables shall be
defined as any one pile of materials(i.e. a single mound of broken glass)or any one isolated area
where paper or plastic bottles may have been blown from a truck. For example,if there are two(2)
piles of broken glass on any one street, separated by a distance of ten(10)or more feet,this shall
count as two(2)occurrences of spilled materials. One time each fiscal year the Contractor may request that the County clean up the spilled materials, and in this case County may deduct the cost
of providing this service from the invoice for recycling collection services performed by Contractor.
The cost to the Contractor for having County provide clean-up services will be$50.00 per hour,
with a minimum charge of one hour.
Where there are improperly prepared recyclables,unacceptable materials placed in the bins,or
recyclable materials placed in an unapproved container, Contractor shall leave form notices for the
resident explaining the problem. Said notice forms shall be commonly referred to as "Oops Tags."
There shall be three(3)types of Oops Tags:In-Town Oops Tags,Rural Oops Tags,and Dry-Cell
Battery Oops Tags. County shall be responsible for providing Contractor with Oops Tags specific
to dry-cell batteries. Contractor shall be responsible for providing the general In-Town and Rural
Oops Tags. The form and content of the general Oops Tags must be approved by County. The
general Oops Tag notice must contain instructions describing how to properly prepare materials for
recycling and how to contact County for further information about recycling programs.
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SECTION 6
County's Representative
The County's Representative, for purposes of this Agreement,shall be:
Blair L. Pollock
Solid Waste Management
Orange County
PO Box 17177
Chapel Hill,NC 27516-7177
Ph. (919) 968-2788
SECTION 7
Contractor's Representative
Waste Industries' representative for purposes of this Agreement shall be:
Lee Bodenhamer III
Branch Manager
148 Stone Park Court
Durham,NC 27703
Ph. (919) 933-9388
SECTION 8
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 2001-2002: t
Contractor will not provide recycling service on Thanksgiving Day, Thursday November
22, 2001. Those recycling services regularly provided on Thursday will be provided on
Friday November 23`d, and services regularly provided on Friday will be provided on
Saturday November 24h.
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Contractor will not provide recycling service on Christmas Day, Tuesday December 25,
2001. Recycling is canceled for this day and there will be no make-up day scheduled.
Contractor will not provide recycling service on New Years Day, Tuesday January 1St,
2001. Monday routes (New Years Eve) will be collected as usual on Monday December
31St. Those recycling services regularly provided on Tuesday 1/1/02 will be provided on
Wednesday 1/2/02, Wednesday routes will be collected on Thursday 1/3/01, Thursday
routes will be collected on Friday 1/4/01, and Friday routes will be collected on Saturday
1/5/01.
This (above) is the holiday schedule for the entire 2001-2002 Fiscal Year, other holidays
not listed will not be observed.
ii. Holiday Schedule for Future Fiscal Years (beyond 2001-2002)
Holiday schedules for future years will be negotiated annually and determined by County
and Contractor. Holidays with no collection may be 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 may be 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).
SECTION 9
Containers and Contents
The title to the Recycling Containers is with County. Title to all of the recyclable materials within
the Recycling Containers except dry-cell batteries shall be with Contractor once the recycling
container is placed at the curb by the Resident. Properly prepared dry-cell batteries shall be
property of County. Contractor shall not collect dry-cell batteries that have not been properly
prepared. County will provide Contractor with training materials so that Contractor may train its
employees to identify acceptable dry-cell batteries. If Contractor accepts dry-cell batteries that are
not properly prepared,or if Contractor accepts other hazardous materials besides dry-cell batteries,
County reserves right to reject title to said materials.
Contractor may prosecute any person or persons found stealing or contaminating the contents of
Recycling Containers. This prosecution will have full cooperation of County.
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SECTION 10
Transportation and Temporary Storage of Recyclable Materials
Contractor shall transport the collected Recyclable Materials to its Processing Site(s). Contractor
shall take title to the Recyclable Materials(except dry-cell batteries)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. Recyclable Materials except dry-cell batteries shall be property
of Contractor.
No uncontaminated recyclable materials collected in this program shall be landfilled. Landfilling or
incinerating recyclables shall result in a penalty of$250 per incident of unauthorized disposal to a
landfill or incinerator.
County has arrangements with the Town of Chapel Hill to provide a loading dock and temporary
storage at the Town of Chapel Hill Public Works Facility located at 1099 Airport Road. Contractor
may,with explicit permission of County and the Town of Chapel Hill,make use of this facility in a
manner cooperative with other users. Contractor,along with other site users, shall be responsible
for keeping this area clean, safe and free of blowing trash or debris from its operation. No more
than eight(8)roll-off containers for the storage of recyclable materials belonging to Contractor shall
accumulate at this site. If more than eight containers accumulate, County or the Town of Chapel
Hill may remove the containers at the expense of Contractor after 24 hours written or faxed notice
to Contractor.
Contractor may be asked to occasionally provide County access to the roll-off containers used to
collect and temporarily store recyclable materials at the loading dock facility located at 1099 Airport
Road. When and if necessary,and with Contractor's approval,County may use said roll-off
containers to deposit recyclables collected by its commercial recycling program. Contractor shall
take possession of and title to said materials at the time said materials are deposited into the roll-off
containers by County. Contractor shall enjoy any revenue gained from the marketing of said
materials.
Contractor's failure to clean the temporary storage site within two(2)working days of written or
faxed notification by County may result in County hiring a service to clean the area with the costs of
the service to be deducted from the following month's invoice. Cost of cleaning service shall not
exceed$250.00 without due notification of Contractor.
Contractor at its own expense may choose to pay for any necessary repairs or improvements to the
concrete pads,retaining walls,and/or drainage systems that have been built at the temporary loading
dock. Estimated costs of specific repairs or improvements may be negotiated with County.
SECTION 11
Labor and Costs
r
Contractor shall, at its sole cost and expense,except as otherwise provided herein, furnish all labor
and equipment required to perform curbside collection of Recyclable Materials pursuant to this
Agreement.
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SECTION 12
Procedures and Penalties for Missed Pick-Ups/Failure to Collect
All calls relating to missed pick-ups or other collection problems shall be logged by County
recycling staff and will be available for review by Contractor.
a) In-Town Curbside
In case of a missed pick-up reported by County or a resident(late set-outs excluded)for In-
Town Curbside,Contractor shall collect the Recyclable Materials from such point by 5:00 PM
of the working day following written or faxed notification of said missed pick up if point was
accessible and not blocked. The burden of proof for determining whether a complaint call
was a late set-out will be with the Contractor.
If containers which were recorded by County as not collected by Contractor are not collected by
5:00 PM of the working day(including Monday through Friday,but not Saturdays, Sundays,or
designated holidays)following written or faxed notification of Contractor by County,County
may levy penalties equal to$25 per household per day not collected. To avoid the penalty,
Contractor must provide legitimate explanation for non-collection before 5:00 PM of the day
following the non-collection report if the container was unable to be collected for a certain
reason.
b) Rural Curbside
For the first incident of a report of a single missed pick-up from a specific road in
unincorporated Orange County(Rural Curbside), Contractor shall collect the Recyclable
Materials from such point on or by the next regularly scheduled collection on that street. If
more than one missed pick-up is reported on any one street for the same collection day,
Contractor shall collect by 5:00 PM of the working day (Monday through Friday but not
Saturdays, Sundays, or designated holidays) following written or faxed notification if point
was accessible and not blocked.
If there is no more than one (1) complaint about a missed pick-up from a specific road,the
first instance of this occurrence on that road may be assumed to be a late set-out and the
Contractor may go back for collection at its discretion. If a report of a single missed
collection occurs more than once from other nearby locations along the same road, but not
the same address as the first report,the fault shall be assumed to be that of the Contractor and
the Contractor shall be required to provide collection by 5:00 PM of the working day
following written or faxed notification of non-collection.
If containers which were recorded by County as missed pick-ups are not collected by
Contractor by 5:00 PM of the working day (including Monday through Friday, but not
Saturdays, Sundays, or designated holidays) following written or faxed notification of
Contractor by County, County may levy penalties equal to $25 per household per day not
collected. To avoid penalties, Contractor must provide a legitimate reason for non-collection
before 5:00 PM of the day following the non-collection report. The burden of proof for late
set-outs will be with the Contractor, with exception only as allowed for specifically within
this section.
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c) Instances of Five(5)or more Missed Collections in Any One Area
If County receives a report of five(5)or more missed collections in one area(In-Town or Rural)
on a working day that is followed by a non-working day,Contractor will provide collection by
5:00 PM the following day, excluding holidays. For example if County receives notification of
5 or more missed collections on one street,or in one neighborhood at 4:30 PM on a Friday and
notifies Contractor of the reported misses by close of business on that Friday, Contractor will
provide collection by 5:00 PM on Saturday(assuming that Saturday is not a recognized
holiday).
SECTION 13
Refusal to Pick Up
a) Improperly Prepared Recyclable Materials
In order to be considered properly prepared,recyclable materials must be free of contamination
from food,trash,or other non-recyclable items, and placed in an approved Recycling Container
(or in the case of newspaper,glossy magazines,or telephone books,placed in a paper bag beside
the Recycling Container),
When and if Recyclable Materials are not collected due to improper preparation,a notice(Oops
Tag)must be left by Contractor. This notice must accurately describe why the bin contents or
recyclable materials were not collected. Failure on the part of Contractor to leave proper notice
(an Oops Tag, see Section 5)when refusing to collect improperly prepared materials may result
in County assessing a$25.00 penalty for each verifiable occurrence. Any resultant penalties
may be deducted from the cost of service for the month in which the failure to leave proper
notice took place.
All acceptable dry-cell batteries must be contained within a clear plastic bag,and placed within
the recycling container. No materials besides those listed in Section I of this document shall be
accepted as a dry-cell battery. The maximum size dry-cell battery accepted by this program
shall be two pounds(2 lbs). Contractor may reject any single dry-cell batteries exceeding two
pounds,or any dry-cell batteries that are not wholly contained within a clear plastic bag.
Further,Contractor may refuse to collect any looge dry-cell batteries,or any dry-cell batteries
contained in any way that prevents visible access as to the contents of the container(i.e. -
batteries within opaque plastic bags). Any time Contractor rejects dry-cell batteries,a notice
must be left clearly explaining the reason for refusal to collect(dry-cell battery"Oops Tag").
Failure to leave proper notice when refusing to collect dry-cell batteries may result in County
assessing a$25.00 penalty for each verifiable occurrence. Any resultant penalties may be
deducted from the cost of service for the month in which the failure to leave proper notice
took place.
All types of household aerosol cans will be accepted,under the condition that the cans be empty.
In order to be considered acceptable,aerosol cans must contain no discernible liquid.
Contractor will make determination on a case by case basis as to the emptiness of any particular
aerosol can. Contractor may refuse to collect any aerosol can that it determines is not empty.
When and if anaerosol can is rejected,Contractor will leave appropriate notice as to the reason
for rejection(Oops Tag). 0%
If recyclable materials are intermixed with non-recyclable materials in the recycling container,
Contractor may refuse to collect. If recyclable materials are placed in an unapproved recycling
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container(i.e. a plastic bag,a trashcan,an over-sized tub,or a cardboard box) Contractor may
refuse to collect.
b) Inaccessible Recyclable Materials
In a situation where a street is inaccessible to the Contractor's collection vehicle due to a
parked vehicle, utility work, construction work, or any other obstruction rendering a roadway
completely or partially blocked, Contractor may attempt to service said street later that same
day, either by sending the collection vehicle back, or by sending someone with a smaller
vehicle to collect the materials.
If Contractor cannot provide service on the scheduled day, Contractor will report non-
collection to County on the day that service is scheduled to be provided. County prefers to
be notified within 30 minutes of the discovery of an inaccessible area. Knowledge of
inaccessibility is important to County and is useful when communicating with the residents
of these areas as they call to report missed collections. If Contractor cannot notify County at
the time that inaccessibility is discovered, Contractor must notify County (either by
telephone, fax, or in person) before 4:30 PM of that day. If Contractor fails to notify County
of areas that are not able to be collected due to inaccessibility by 4:30 PM of the day the area
is scheduled to be serviced, County may levy penalties equal to $25 per household not
collected. Any resultant penalties may be deducted from the cost of service for the month in
which the failure to notify took place.
When County receives a report of a missed collection from a resident of an area that was not
serviced due to inaccessibility, County will instruct the resident to leave their recyclable
materials at the curbside/roadside and to expect collection either later during their scheduled
service day or no later than 5:00 PM of the next working day (assuming that the roadway is
no longer inaccessible).
Contractor will provide collection of an area not serviced due to inaccessibility by 5:00 PM of
the next working day. In the case of ongoing construction or blockage,recycling collection may
be temporarily suspended. In this case residents will be notified by County that curbside
recycling must be suspended until construction is complete or the cause of the inaccessibility is
removed. Decisions to cancel curbside recycling service will be negotiated between County and
Contractor. County may request and receive reduction in fees rendered for services when
cancellation affects an area with 25 or more residences for more than one consecutive service
date.
If an area is inaccessible to the standard collection vehicle,but said area is not blocked due to
construction or some other obstacle,County may require Contractor to provide service from a
smaller collection vehicle, i.e. a pick-up truck. County may only require this of contractor when
there are no other reasonable options for provision bf recycling collection service. An example
where County may require Contractor to provide service from a pick-up truck might be the case
of a public street in Chapel Hill which is too narrow to accommodate safe passage of the
standard recycling collection vehicle. Use of a pick-up truck by Contractor for the collection of
recyclable materials shall be negotiated on a case-by-case basis. Contractor will not be required
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to provide recycling collection services in private alleys not built to Town standards such as the
private alleys in Southern Village.
SECTION 14
Processing Center
Contractor may maintain a Processing Center at its facilities located in the City of Durham,the City
of Raleigh or at other locations. All Recyclable Materials collected from residents may be
processed at the Processing Center. Title to Recyclable Materials brought to the Processing Center,
with the exception of dry-cell batteries, shall be with Contractor, and Contractor shall have the
responsibility for the sale of such Recyclable Materials. Storage of Recyclable Materials at the
Processing Center shall be limited to that which can be properly contained pursuant to permits
issued by the responsible jurisdiction. Contractor shall notify County Representatives,in writing,
not less than thirty(30)days prior to any relocation of the Processing or Drop-Off Center.
If County elects to build its own recycling processing center during the term of this contract,or to
divert the materials collected under this contract to any other existing facility,the materials collected
in this program may be directed to that processing center and become property of County at
County's discretion. Any changes in net revenue to the Contractor as a result of this change in
destination and ownership of recyclable materials, or as a result of the need for the Contractor to
make equipment modifications,shall be negotiated between the Contractor and County.
SECTION 15
Public Awareness Program
County shall develop and implement a Curbside Recycling Public Awareness Program. Contractor
agrees to materially assist County with publicity efforts by ensuring that Contractor's employees
involved in this program are fully informed about the materials collected in the program, and how
said materials are to be prepared. Drivers and collectors are to understand,at least in a generic
manner,how materials are processed.
County shall provide Contractor with materials and information needed in order to train
Contractor's employees to identify acceptable dry-cell batteries. Given the proper information by
County,Contractor will take the necessary steps to insure that improperly prepared dry-cell batteries
and other hazardous items are not accepted by Contractor.
Contractor's collection crews shall maintain a supply of recycling brochures furnished by the
County for residents. Contractor may distribute County provided brochures as needed by individual
residents.
At no time shall Contractor distribute,to any residence or member of the public in Orange County,
any public education material related to the services provided under this agreement which are not
authorized by County.
Any written materials which Contractor desires to distribute to residents of Orange County shall
first be submitted to County for review and approval, and such approval may not be unreasonably
withheld by County.
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Contractor representatives may distribute material unrelated to this program to participants in the
program at times other than during operation of the program; however, County must be informed in
advance of such distribution and its contents.
County shall conduct public awareness programs and residential education programs to assure
proper preparation of recyclable materials and to encourage the public to remove lids from all
containers and flatten plastic bottles, and aluminum and steel cans before depositing these items in
their recycling containers.
SECTION 16
Compensation for Services
County agrees to make monthly payments to Contractor within thirty(3 0)days of receipt by County
of an accurate invoice and corresponding collection data. Charges must be billed at the rates agreed
on in Section 3 of this Contract for the corresponding period of service(from July 1,2001 through
June 30, 2002,or from July 1,2002 through June 30,2003). In-Town Curbside and Rural Curbside
must either be billed on separate invoices, or clearly itemized on one invoice. Data for the In-Town
Curbside and Rural Curbside programs must be reported separately.
If there are questions regarding the invoice or collection data,payment shall be guaranteed within
thirty(30)days of satisfactory resolution of the questions on the invoice or collection data.
If Contractor should fail to provide requested and necessary corollary services required as part of
this contract,payment on up to two months' invoices may be withheld until such services are
provided. Corollary services include:
Repairs or replacement of County and or Towns' property,or private property due to
damage caused by Contractor as part of the recycling operation. Any repairs or replacement
must be complete within thirty(30)days of damage.
Removal,within 24 hours of written of faxed notification,of improperly placed roll-off
y, containers when requested from the temporary storage areas on County or Town of Chapel
Hill property.
In the event of severe weather or other event which necessitates the temporary cancellation of
recycling services, County may negotiate with Contractor and receive a reduction in cost of services
for services which were not rendered. In general,if services are temporarily canceled at County's
request,County will pay in full for services which are not performed(except as otherwise noted
within this Contract),and in such case County may request that Contractor provide said services on
a make-up day at no further cost to County. If Contractor is unable to provide service due to severe
weather or other event,County may negotiate with Contractor and receive reduction in the cost of
services,to be deducted from the bill for the period during which services were not provided,or
from a bill for any service period following that service period. Any reduction in the costs of
services shall be based upon the pro-rata share of services not rendered minus Contractor's
verifiable overhead expenses plus any verifiable increased expenses(i.e. overtime costs incurred by
Contractor due to excessive amounts of recyclable materials having been held over during period of
cancellation).
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SECTION 17
Protection of Recyclable Materials
County agrees to take such steps as may be reasonably necessary to protect Contractor's ownership
of all Recyclable Materials placed in the recycling containers for collection by Contractor under the
terms of this Contract and shall consider adopting anti-scavenging ordinances, if necessary,to
provide such protection.
SECTION 18
Permits and Licenses
Contractor,at its sole cost and expense, shall maintain throughout the term of this Contract all
permits,licenses and approvals necessary or required for Contractor to perform the work and
services described herein,including but not limited to the collection of Recyclable Materials and
operation of the Processing Center.
SECTION 19
Independent Contractor
Contractor shall perform all work and services described herein as an independent contractor and
not as an officer, agent, servant or employee of County. Contractor shall have 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 constructed as creating a partnership or
point venture between County and Contractor. No person performing any of the 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.
SECTION 20
Non-Assignment
Neither Contractor nor County shall assign,transfer,convey,or otherwise hypothecate this Contract
or their rights,duties or obligations hereunder or any part thereof without the prior written consent
of the other.
SECTION 21
Compliance with Laws and Regulations
Contractor agrees that,in the operation of the Processing Center and the performance of work and
services under this Contract, Contractor will qualify under and comply with any and all Federal,
State and local laws and regulations now in effect,or hereafter enacted during the term of this
Contract,which are applicable to Contractor,its employees, agents or subcontractors, if any,with
respect to safety or the work and services described herein.
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SECTION 22
Safe
Contractor certifies that it has appropriate safety policies in effect,and that Contractor takes all
reasonable and necessary measures to protect Contractor's employees and the citizens of Orange
County. Additionally, Contractor certifies that its employees are fully informed of said safety
policies.
SECTION 23
Insurance
Contractor shall obtain and maintain throughout the term of this Agreement, at Contractor' sole cost
and expense,not less than the insurance coverage set forth below:
a) Workers' Compensation
Coverage A - Statutory
Coverage B - $500,000
b) Comprehensive Automobile Liability
Bodily Injury - $1,000,000 each person
- $1,000,000 each accident
Property Damage - $1,000,000 each accident
to include coverage for all owned,non-owned,leased and hired automobiles.
C) Comprehensive General Liability
4,
Bodily Injury - $1,000,000 each occurrence
$1,000,000 aggregate
Property Damage - $1,000,000 each occurrence
$1,000,000 aggregate
The County of Orange is to be named as additional insured on the comprehensive general liability
policy.
Current valid insurance policies meeting the requirements herein identified shall be maintained for
the duration of the named project. There shall also be a 30-day advance notification to County in
event of cancellation of coverage or modification of any stipulated insurance coverage. Actual
insurance policies or copies certified by an individual authorized by the insurance company meeting
the required insurance provisions shall be forwarded to County.
It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same.
insurance requirements as the general contractor. If the Contractor does not meet the insurance
requirements,alternate insurance coverage satisfactory to County may be considered.
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SECTION 24
Indemnity
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 or
property damage,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 the County except to the extent same are caused by the
negligence or misconduct by Contractor.
SECTION 25
Termination
a) In the event Contractor materially defaults in the performance of any of the material covenants
or agreements to be kept,done or performed by it under the terms of this Contract, County shall
notify Contractor in writing of the nature of such default. Within fifteen(15) days following
such notice:
i. Contractor shall correct the default; or
ii. In the event of a default not capable of being corrected within fifteen(15)days, Contractor
shall commence correcting the default within fifteen(15)days of County's notification
thereof,and thereafter correct the default with due diligence.
b) If Contractor fails to correct the default as provided above,County,without further notice, shall
have all of the following rights and remedies which County may exercise singly or in
combination:
h,
i. The right to declare that this Agreement together with all rights granted Contractor
hereunder are terminated,effective upon such date as County shall designate;
ii. The right to license others to perform the services otherwise to be performed by Contractor,
or to perform such services itself;and
iii. In the event of a default not capable of being corrected because of damage to the Processing
Center,due to force majeure,County may provide Contractor with a suitable temporary
location for conducting processing and drop-off services.
c) The following may be considered causes for possible termination of the contract:
i. The death or injury requiring hospitalization of In individual, other than employees of the
Contractor,caused by the Contractor in carrying out this recycling contract where the
Contractor is at fault.
ii. More than one incidence of greater than$20,000 property damage to property by the
Contractor while performing the recycling contract where the Contractor is at fault.
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iii. Continued high level of unsatisfactorily resolved substantive customer complaints about
recycling collection. As determined by County, a high level of unsatisfactorily resolved
complaints shall be greater than twelve(12)unsatisfactorily resolved complaints in one
calendar month for three consecutive calendar months. Unsatisfactorily resolved
complaints shall not include complaints about missed pickups where County or Contractor
can demonstrate that either: the recycling bin was set-out late,the site was inaccessible at
the time of scheduled collection, or that the problem was resolved by 5 PM of the working
day following receipt of the complaint.
SECTION 26
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
Solid Waste Management
Attn: Mr. Blair Pollock
PO Box 17177
Chapel Hill,NC 27516-7177
To: Waste Industries
Attn: Mr. Lee Bodenhamer III
148 Stone Park Court
Durham,NC 27703
SECTION 27
Records and Reports
Contractor shall maintain its books and records related to the performance of this Contract in
accordance with the following minimum requirements:
a) Contractor shall maintain any and all ledgers,books of account,invoices,vouchers and canceled
checks, as well as all other records or documents evidencing or relating to charges for services,
expenditures or disbursements bome by the County for a minimum period of three(3)years,or
for any longer period required by law, from the date of final payment to Contractor pursuant to
this Contract.
b) Contractor shall maintain all documents and records which demonstrate performance under this
Contract for a minimum period of three(3)years,or for any longer period required by law, from
the date of termination or completion of this Agreement.
c) Any records or documents required to be maintained pursuant to this Contract shall be made
available for inspection or audit,at any time,during regular business hours,upon written request
by a County Representative at Contractor's address indicated for receipt of notices in this
Agreement.
d) Contractor shall provide monthly project reports to County during the contract period,to be due
on or by the 14th day of the month following the month for which the report is being made.
Invoices will not be paid without submittal of accurate and complete reports. At a minimum,
the reports shall include:
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i. Summaries by program(In-Town and Rural Curbside)of the tonnages of all materials
recovered by material type.
Program data reports for the month of September 2001 (or other mutually agreed upon
month) must be based on the actual weigh of each material collected for each program
operated by Contractor for County. For this month Contractor must separately collect and
process materials from the different programs(Rural Curbside, In-Town Curbside,and the
Multifamily Recycling Program). Contractor must provide County with copies of all
weight tickets for materials collected/marketed during this month. Said weight tickets
must clearly identify which recycling program generated the materials(Rural Curbside, In-
Town Curbside,or Multifamily). Contractor will receive cooperation of County in order to
assist Contractor's efforts to gather this data. County will make final determination as to
whether the collected data is acceptable. County will not unreasonably withhold approval
of data that can be attributed to the individual recycling programs and is verifiably accurate.
If Contractor does not produce satisfactory,accurate,and verifiable data by individual
program for this month,County may deduct a$1,000 penalty from the invoice for payment
for services for the month in question. Further, failure to produce data for the month in
question will obligate Contractor to provide programmatic data under conditions stipulated
by County;
ii. Resident participation rates.
For In-Town Curbside this will be provided in terms of weekly household set-out counts.
The set-out counts shall be broken down by the three Towns.
For Rural Curbside this will be provided in terms of daily household set-out count,by
route,and by overall average monthly set-out rate. The set-out counts shall be broken
down by routes (Information on the number of households serviced on each Rural
Recycling Route will be provided to Contractor by County);
iii. Summaries of the total truck hours required to for the In-Town Curbside collection vehicles
to collect,transport,and unload the recyclable materials;
iv. Monthly productivity calculation shown in units of homes collected per truck hour(as
defined in Section 4, Performance Sharing); and
v. Description of program progress,including any collection complaints or other problems
encountered and how they were resolved.
e) Contractor shall provide an annual costs and revenues report. At a minimum the report shall
include:
i. A summary of operation and maintenance costs for the collection of recyclable materials as
governed by this Contract;
ii. Processing costs by material;
iii. Summarized revenue information from monthly reports;
iv. A discussion of any public awareness activities and their impact on participation and
recovered volumes; and
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v. A discussion of highlights and problems and measures taken to resolve problems and
increase efficiency and household participation.
f) Contractor shall, upon signature of this Contract,provide a copy of its incentive plan to increase
collector productivity so there is proof of the Contractor's intent to improve collection efficiency
to lower collection costs.
SECTION 28
Force Ma'eur
Contractor's performance hereunder may be suspended and its obligations hereunder excused in the
event and during the period that such performance is prevented by a cause or causes beyond the
reasonable control of Contractor unless such cause or causes are the sole result of action or
nonaction by Contractor. Such causes shall include,but not be limited to,acts of God,acts of war,
riot,fire,explosion,accident,flood or sabotage; lack of adequate fuel,power or raw materials,
judicial administrative or governmental laws,regulations,requirements, rules,orders or actions;
injunctions or restraining orders;the failure of any governmental body to issue or grant,or the
suspension or revocation or modification of any license,permit or other authorization necessary for
the construction and/or operation envisioned by this Agreement;national defense requirements;
labor strikes,lockout or injunction.
SECTION 29
Waiver
A waiver of any breach of any provision of this Contract shall not constitute or operate as a waiver
of any breach of such provision or 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 30
Law to Govern
This Contract is entered into and is to be performed in the State of North Carolina. County and
Contractor agree that the law of the State of North Carolina shall govern the rights,obligations,
duties and liabilities of the parties to this Contract and shall govern the interpretation of this
Contract.
SECTION 31
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.
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SECTION 32
Amendment
This Contract may be modified or amended only by a written agreement duly executed by the
parties hereto or their representatives. All amendments will become part of the ongoing base
contract in future years.
SECTION 33
Cooperation Among the Parties
Whenever consent,action or inaction is required,such consent,action or inaction will not be
unreasonably withheld by either party.
SECTION 34
Severabilfty
The invalidity of one or more of the phrases, sentences,clauses or Sections contained in this
Contract shall not affect the validity of the remaining portion of the Contract so long as the material
purposes of this Contract can be determined and effectuated.
SECTION 35
Successors and Assigns
This Contract shall be binding upon the parties hereto,their successors and assigns
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IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals the day and
year first above written.
COUNTY: ATT T:
BY: t
Stephen H. Halkiotis Chair Beverly A. lythe, Clerk to e Boar I°
CONTRACTOR: WITNE
ignature ignat e
Printed Name and Title—�, ,�r� ,'� rin Name and Title
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
-
Finance Director
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STATE OF NORTH CAROLINA
ORANGE COUNTY
1, ze eAA Notary Public for said County and State, do hereby
certify that Bev rly A. Blythe 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
Stephen H. Halkiotis, Chair, sealed with its official seal, and attested by herself as its Clerk.
WITNESS my hand and official seal, this the 9 day of 2001.
lee
Notary Pu lic
My Commission expires: Jc-?
STATE OF �G
COUNTY OF A E
1, C S ( , a Notary Public, do hereby certify that
jJl l�;,� f)�` L�I &jL' 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 2001.
Notary blic
My Commission expires: J 1> (
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