Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - 09-18-2001 - 8j
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 18, 2001 Action Agenda . Item No. - SUBJECT: Renewal of Contract for Multifamily Recycling DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Proposed Multifamily Recycling Contract Gayle Wilson, Solid Waste Management Director, 968-2788 Blair Pollock, Solid Waste Programs Manager, 968-2788 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To renew the contract with Waste Industries, Inc. for multifamily recycling services. BACKGROUND: The Multifamily Recycling Program was established in 1992. This program provides recycling collection to the vast majority of apartment complexes, fraternity and sorority houses, and group homes within Chapel Hill and Carrboro (there are currently 212 collection locations). The program plans to begin providing service to multifamily complexes in Hillsborough during the 2001-2002 fiscal year. Waste Industries has held this contract since 1995, which it won by competitive bid at that time. Waste Industries' performance level is generally high, and staff believes the company's high level of performance merits renewal of this contract. FINANCIAL IMPACT: The total projected cost of this contract for FY 2001-2002 is $271,000. This amount is included in the approved Solid Waste Management Departmental Budget for FY 2001-2002. The budgeted amount reflects a 3.6% cost increase over last year's costs, plus an additional 1% increase to accommodate collection of new materials. The 3.6% increase is based on the rate of inflation as determined by the Federal Bureau of Labor Statistics' Consumer Price Index for Transportation for the South Urban Region. The additional 1% increase covers the cost associated with the addition of two new types of items to the multifamily program this year: aerosol cans and all plastic bottles (where in the past multifamily recycling has accepted only#1 PETE and #2 HDPE). The Department of Solid Waste Management expects, based on observed experience in other communities, that the additions of these new materials will boost the recycling tonnage of plastics by at least 10% and steel cans by at least 3%. ,2 RECOMMENDATION(S): The Manager recommends that the Board approve the multifamily recycling contract with Waste Industries, Inc. and authorize the Chair to sign the contract subject to final review by Staff and the County Attorney. State of North Carolina Agreement for The County of Orange Recycling Services 3 MULTIFAMILY COMPLEX RECYCLING AGREEMENT between The County of Orange and Waste Industries,Inc. This agreement,entered into this the 1st 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 multi-family recycling collection services to apartment complexes within the corporate limits of Orange County,NC or within the incorporated municipalities of the Town of Carrboro,the Town of Chapel Hill, and the Town of Hillsborough,NC 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,empty aerosol cans,plastic bottles#1,#2,#3,#4,#5,#6,#7, and other agreed on materials that are the subject of County's recycling collection contract. Recycling Collection Services: Those services to be performed by Contractor as follows: (a)the collection of Recyclable Materials from locations 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) keeping accurate and thorough records of the amount of materials collected, and the number and type of customer complaints. Collection Site: Single area for placement of recycling containers for materials to be collected. The following list defines the subcategories of sites. Attachment A lists all sites serviced under this contract as of 6/30/01; Half Site: any collection site with 7 to 11 carts for the collection of recyclable materials that is serviced once every two(2)weeks. Single Site: any collection site with 7 to 11 carts for the collection of recyclable materials that is serviced on a weekly basis. Double Site: any collection site with 12 to 22 carts for the collection of recyclable materials that is services on a weekly basis, or any collection site with 7 to 11 carts which is serviced twice (2 times)per week.. 4 Quarter Site: (may also be known as Fraternity/ Sorority Site): any collection site with 7 to 11 carts for the collection of recyclable materials that is serviced once every four(4)weeks (note that all Fraternities and Sororities may not necessarily be serviced at this level). Special Site: any collection site that does not fit into the above categories. There are two common types of special sites: those sites that are established for the collection of one material only,i.e. newspaper; and those sites containing less than seven(7)carts for the collection of recyclable materials. Any other type of special site may be negotiated between County and Contractor. 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. Recycling Containers:A wheeled container with a permanently attached lid made of rigid plastic construction to be used at apartment complexes and other designated sites for the collection of Recyclable Materials and provided pursuant to this Agreement. Resident:A resident or a management representative of a designated apartment complex or multifamily residential complex. Segregated: Recyclable Materials placed in or adjacent to Container labeled for the collection of that material. SECTION 2 Term of Agreement The term of the contract,unless otherwise agreed by the parties,will be for the period from July 1, 2001 through December 31,2002(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 service may be extended and/or expanded following the initial term assuming that the project is successful and County recommends continuing the program,and that funding is approved annually through the approval of the overall landfill and recycling budget. 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) Cost of collection per site within the Town limits of Carrboro and Chapel Hill, or south of Interstate 40 within Orange County, for July 1,2001 through December 31,2002 shall be $111.59 per Single Site per month, $55.86 per Half Site per month, $31.09 per Quarter Site per 2 5 " month, and$164.44 per Double Site per month. The number of Double Sites at this price shall be limited to twenty-five(25). Cost of specialized sites for collection of newspaper only from 90 gallon roll carts shall be$34.55 per site per month for weekly collection. These sites shall be limited to areas that are contiguous with existing routes. There shall be a limit of three(3)of these newspaper-only sites. b) Contractor may charge County a monthly fee for collection from sites within the Town of Hillsborough or anywhere north of Interstate 40 and within Orange County. This fee,or travel surcharge, shall not exceed$175 per month,regardless of the number of sites served. For example,the cost of serving a site in Hillsborough shall be the standard monthly site charge ($111.59 per Single Site, $164.44 per Double Site and$55.86 per Half Site)plus the travel fee. c) The collection price for all sites over twenty-two (22)carts shall be negotiated between Contractor and County. Any sites that require collection frequencies or cart quantities other than stipulated within this contract are to be negotiated between County and Contractor on a case by case basis. d) If County and Contractor choose to extend this contract beyond the initial term,the formula for negotiating future costs is to be as follows: The monthly cost per site for any future term of this contract may not exceed the monthly cost per site of the previous term multiplied by a factor equal to the Federal Bureau of Labor Statistics Consumer Price Index for Transportation for the South Urban region as measured at the time of negotiation for the future term and compared to the index at the time the per site price for the previous term was set(the price for the initial term was set in February 2001). e) This contract may be expanded or contracted at the option of the County to include additional or fewer multifamily sites. County agrees to limit elimination of sites during any one contract period to the extent that annual gross revenue to Contractor shall not be reduced by more than 10 percent. For the sake of this clause only, annual gross revenue shall be determined by taking the bill for the first month of the contract term and multiplying by twelve(12). More specifically this amount(annual gross revenue) shall be determined by applying the standard per site charge(Section 3, subsection a)to the site list, attachment A, and multiplying by 12. Reduction of service beyond this aforementioned level may not take place without agreement of Contractor. SECTION 4 Scope of Services Contractor shall perform Recycling Collection Services in the Towns or Orange County as follows: Contractor shall collect and remove for marketing or reuse all Recyclable Materials which are "segregated" and placed in Recycling Containers at the recycling sites at apartment complexes listed in Attachment A. The Recycling Collection Services performed may be expanded as the budget and other constraints permit. Collection fees for sites that are added shall be paid in accordance with Section 3 above. At sites collected on a weekly basis, Contractor shall not be required to empty recycling containers less than one quarter(1/4) full. At sites with collection intervals greater than one week(more than 7 days apart), all containers must be emptied. 3 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 or replaced in the appropriate cart. Collectors shall carry a broom and dustpan to sweep up any broken glass or litter that occurs in the process of recycling collection. Collection personnel shall also pick up any recyclables under or immediately next to the recycling containers. Management personnel from the complexes shall also ensure that sites are free of litter and broken glass that are not a direct result of the collection process. Where there are consistent overflows of recyclable materials, County may require Contractor to provide additional carts for those materials which overflow(Contractor may then adjust amount billed when and if change in cart number causes a site to be reclassified as a different type of site). SECTION 5 All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and return receipt requested to the parties as follows: County's Representative County's Representative, for purposes of this Agreement, shall be: Blair L.Pollock Solid Waste Management Department Orange County PO Box 17177 Chapel Hill,NC 27516-7177. Ph. (919)968-2788 Waste Industries' 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)596-1363 SECTION 6 Frequency and Time of Collection Contractor shall collect,with the permission of the property owner,the Recyclable Materials placed at each Collection Site at least once each week(or at the frequency required by the type of site as listed on Attachment A). Collection shall take place no earlier than 7:00 AM and no later than 7:00 PM. Holiday cancellations of Multifamily recycling service may include only: Independence Day(July 4), Labor Day, Thanksgiving,Christmas Day(December 25),New Year's Day(January 1),Martin Luther King Jr.Holiday,Good Friday, and Memorial Day. Note that the week following a holiday cancellation tends to have exceptionally heavy recycling set-out,and back-up trucks may be 4 7-- required to complete the collection route. In case of cancellation,Holiday week schedules may be shifted to have collection a day late following the holiday. Holiday collection schedules are to be negotiated annually between Contractor and County. For Fiscal Year 2001-2002: 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 23rd, and services regularly provided on Friday will be provided on Saturday November 24th 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 0, 2002. Monday routes (12/31/01, New Yeas Eve) will be collected as usual. 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 1/3/02, Thursday routes will be collected on Friday 1/4/02, and Friday routes will be collected on Saturday 1/5/02. This (above) is the holiday schedule for the entire Fiscal Year, other holidays not listed will not be observed during FY 2001-2002. On days where County offices are closed(due to Orange County Government holiday) and Contractor is providing recycling service, County may place 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. Holiday schedules for future years will be negotiated and determined by County and Contractor. SECTION 7 Recycling Containers Contractor shall purchase and distribute at the designated sites sufficient Recycling Containers of the type 90 gallon roll carts to accommodate all newspaper, glossy magazines,telephone books, glass bottles and jars,steel food cans, aluminum beverage cans,empty aerosol cans,plastic bottles #1 -#7 brought to that point by residents of the complex in one week(or other designated service period). These containers shall be in place before a site is brought into service. It is assumed that the Contractor will coordinate distribution of the containers with County. Contractor may secure containers at the site with locks and chains. Contractor may work with management at each complex to determine how bins are to be secured. The title to the Recycling Containers and materials in them shall remain with Contractor. Contractor shall have responsibility for the repair or replacement of the Recycling Containers due to normal wear and tear. The apartment complex serviced shall be responsible for container repair or replacement following the first incidence of vandalism or theft at each site when containers are properly secured by being locked together with a chain. Determination of normal wear and tear or vandalism or theft shall be made by County. If containers are not secured,in case of theft or any other unauthorized removal of containers,Contractor shall be responsible for container replacement. 5 8 Contractor may prosecute any person or persons found vandalizing or defacing the containers or stealing or contaminating their contents. This prosecution will have full cooperation of the managers of the complexes as well as County. A statement to this affect is contained in the terms of the agreement between County and the complexes. Failure by the complexes to cooperate may result in removal of recycling containers from the apartment complex premises. All the containers shall have a uniform appearance in size,design, and color. If this is not possible, then containers shall have a complementary appearance as approved by County in advance of placement of container in field. A sufficient number of containers shall be provided to handle overflow situations. All containers shall carry the telephone number of Orange County Department of Solid Waste Management/Orange Community Recycling,as well as clear designation of the use of the container and the sponsorship of the Orange Community Recycling Program. SECTION 8 Repair or Replacement of Recycling Containers Contractor agrees that it will repair or replace Recycling Containers within five(5)working days of notification by a resident or County or complex manager that a Recycling Container is missing or damaged and therefore unusable. Contractor will furnish the first container repair at each site with the apartment owner responsible for all repair of vandalized containers after the first one at each site. Stolen containers will be replaced by Contractor at the expense of the complex management unless it is determined that Contractor did not secure the containers with lock and chain furnished by them. If the containers are not secured,Contractor shall be responsible for replacement. Failure of Contractor to repair or replace damaged or missing carts by 5:00 PM of the fifth(5t')working day following written or faxed notification by County will result in a penalty of$25.00 per reported incident per day until said cart is repaired or replaced. Any resultant penalties may be deducted from the cost of service for this contract for the month,or the month following the month,in which the incident took place. Contractor shall furnish, at its expense,routine maintenance of containers. In general,the Contractor's collection personnel should inspect the collection carts and replace any and/or all labels which are missing,damaged,vandalized or defaced during each visit to the site. Contractor shall apply only the decals furnished by County which properly identify the type(s)of material to be placed in each container. Contractor shall replace decals that it finds defaced or vandalized. County may penalize Contractor for failure to properly maintain decals as follows: County personnel may inspect collection sites to check for proper cart maintenance and labeling,if County determines that labels are missing,damaged,vandalized or otherwise defaced it will notify Contractor by written or faxed notice. Upon receipt of said notice, Contractor must properly replace the label in question by 5:00 PM of the fifth(5t)working day following written or faxed notification. Failure of Contractor to replace damaged,missing,vandalized or defaced labels by 5:00 PM of the fifth(5d)working day following written or faxed notification by County will result in a penalty of$25.00 per reported missing, damaged,vandalized or defaced label per day until said label is repaired or replaced. Any resultant penalties will begin accruing on the fifth(51')day following written or faxed notification by County,and will continue to accrue until Contractor properly replaces the label in question. Any resultant penalties may be deducted from the cost of service for this contract for the month,or the month following the month,in which the report took place. Contractor may place on the containers decals with their identification and telephone number. This company identification decal shall be pre-approved by County and shall not obscure or interfere 6 9 -- with decals identifying which materials go into the recycling cart. If at all possible,the Contractor decal shall be placed at the lower section of the cart on the side with the handle. SECTION 9 TransRortation of Recyclable Materials and Non-recyclable materials Contractor shall transport the collected Recyclable Materials to its Processing Site(s). Contractor shall take title to the Recyclable Materials upon placement in the container by residents in accordance with Section 4 and shall be responsible for the sale of such recyclable materials and all of the proceeds of the sales. Recyclable Materials shall be property of Contractor. No uncontaminated recyclable materials collected in this program shall be landfilled. Prior to landfilling any materials collected from the multifamily recycling program,Contractor shall contact County and request written authorization to landfill or incinerate contaminated recyclables collected in this program. Failure to gain written authorization to dispose of these materials by landfilling or incineration 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 for the storage of recyclable materials 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 deemed necessary,County may use said roll-off containers to deposit recyclables collected and properly sorted by its recycling programs. 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)business 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. 7 10 SECTION 10 Labor and Costs Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform multifamily collection of Recyclable Materials pursuant to this Agreement. SECTION 11 Procedures and Penalties for Missed Pick-Ups or Overflows of Materials Collected in this Program In case of a missed pick-up or an overflow reported by the Towns,County,management of a multifamily site,or a resident, Contractor shall collect the Recyclable Materials from such point by 5:00 PM of the working day following written or faxed notification if point was accessible and not blocked. All calls relating to missed pick-ups, overflows,or other collection problems shall be logged by County and such log shall be available for inspection by County. a) Penalty for Missed Collection If containers at any recycling site 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 daily penalties equal to $10.00 per site per day not collected. Any resultant penalty shall begin accruing on the day after collection should have taken place, and will continue to accrue until collection has taken place. Penalties for missed collections may be enacted regardless of whether or not there is material overflow. Example of penalty determination: If a single site that was scheduled for Monday service is reported as having been missed,and the site is not collected until Friday,then the daily penalty shall be$10.00 per day not collected,with fines beginning to accrue on Tuesday. The total penalty in this instance shall be$40.00($10.00 penalty for each day,Tuesday through Friday, including Friday). b) Penalty for Overflows County may levy penalties beyond the Missed Collection penalty for overflows that are a result of missed collections. If a site that has been collected on schedule is repeatedly subject to overflow, and this overflow is not due to a missed collection, County may request that Contractor install additional carts. In case of overflow not caused by missed collection,if County requests additional carts be installed at the site in question,Contractor must place additional carts in the field by 5 PM of the second working day following said request.. When overflow is determined by County to be caused by Contractor's failure to collect, penalties for overflow as a result of missed collection shall be considered as follows: i. First five overflows that are a consequence of missed collections in any calendar month,no charge, ii. Next five overflows that are a consequence of missed collection, $50 per overflow(one overflow per site,regardless of number of materials overflowing)where the overflow is not cleaned up by 5:00 PM of the working day following written or faxed notification of 8 . 11 Contractor by County. The exception to the penalty shall be when the contractor can demonstrate that overflow resulted from excessive use of the site between regularly scheduled collections rather than a missed collection. This exception will be negotiable between the contractor,County, and the apartment site manager, iii. Each overflow resulting from a missed collection after the first ten,$100 per overflow, when overflow is not cleaned up by 5:00 PM of the working day following written or faxed notification of Contractor by County. The same exceptions apply as in#ii immediately above. Any resultant penalties may be deducted from the cost of service for this contract for the month of,or any month following,the reported incident. c) Procedure for Spilled Recyclables If recyclable materials intended to be collected by this program are spilled by weather events, vandalisim,or any cause other than missed collection or excessive use of collection site, Contractor will act to clean up and recycle(when passible)said spilled materials by 5:00 PM of the working day following notification of Contractor by County. County acknowledges that in the case of large scale spillage such as that caused by a severe weather event it may not be possible for Contractor to completely clean the spilled materials by the close of the day following notification. In this case,County will act in good faith to assist Contractor if the clean-up efforts. No penalties shall apply for spillage events covered in this clause,Sectionl2, Subsection c, assuming that County determines that Contractor has acted with due diligence to clean up spilled materials. SECTION 12 Refusal to Pick UIR Contractor may refuse to pick up if materials are not properly segregated into the different containers as labeled.Contractor personnel shall remove and properly dispose of up to five(5) improperly sorted items from each container in order to make it acceptable. Contractor is not required to remove more than five(5)items from any one(1)recycling container. Refusal to pick up a container with more than five(5)improper items in it shall be at the Contractor's discretion. At the time of refusal to make the pick-up,Contractor shall issue, at its expense, a hand delivered written notice to the complex manager or his representative which details the problem and also contains instructions for the proper segregation of Recyclable Materials. Contractor shall also inform County by 5:00 PM of the working day of the refusal to collect. Said notification of County by Contractor shall include the details of each non-collected container. County will then contact the apartment manager and/or residents to rectify the problem. County and the apartment manager shall be responsible for removal of contaminated materials that exceed the five-item standard. If removal of contaminants by County or the apartment manager makes the remaining materials collectable,County may request that Contractor return to the site during the same week as the violation is corrected to collect the properly sorted materials at no extra charge. If the materials are too contaminated to sort out,the apartment complex and County shall be responsible for disposing of the materials and returning the empty container to the site. Contractor may,with permission from County at each incident,collect the contaminated loads for disposal with its other mixed wastes. Charges for disposal of these loads by Contractor shall be$15 per cart when carts are located at the Town of Chapel Hill Public Works yard and$30 per cart for each cart 9 12 dumped when located at the apartment recycling site. These charges may be added to the bill for services submitted by Contractor to County. If a manager of a complex receives four contamination notices within a period of thirty(30)days, Contractor may refuse all further pick-ups from that site upon notice to the complex and County. Contractor may then remove the containers and suspend the recycling service. If service is suspended Contractor will: (1)Notify County's contact or his designee,the Multifamily Program manager for County; (2)pick up the container(s); (3)notify the complex manager or complex manager's representative of container removal(if there is an on-site manager); (4)work with the County to determine a possible new location for containers. Contractor may refuse to pick up if access to the containers is blocked. In that case,the driver may either remove the item(s)blocking the container,inform the site manager and/or County representative and request removal of the item(s), or return to the site later in the same week to collect. Contractor must report all non-collections and the reason for non-collection,including those missed due to blocked containers,to County by 5:00 PM of the working day during which the collection was scheduled to happen. Failure to report non-collection due to the inability to access the containers may result in penalties of$25.00 per occurrence. Any resultant penalties may be deducted from the cost of service for this contract for the month,or any subsequent month,in which the failure to report took place. SECTION 13 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 shall be with Contractor and they 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 maybe 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 Contractor to make equipment modifications, shall be negotiated between the Contractor and County. SECTION 14 Public Awareness Program County shall develop and implement a Multifamily Complex 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 for recycling. Drivers and collectors are to understand, at least in a generic manner,how the recyclable materials are processed. Contractor's driver shall inform County of site that is experiencing contamination or that presents other collection problems so that County may conduct further education at that site. 10 13 Contractor's collection crews shall maintain a supply of recycling brochures furnished by County for residents of each participating complex. Contractor may distribute brochures as needed to individual residents or complexes. SECTION 15 Compensation for Services County agrees to make monthly payments to Waste Industries within thirty(30)days of receipt by County Representative of an accurate invoice and collection data from July 1,2001 through December 31,2002 at the rates agreed on in Section 3 of this agreement. Payment for services performed after June 30,2002 is subject to approval of annual Solid Waste budget by Orange County Board of Commissioners. 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 the requested and necessary corollary services required as part of this contract,payment on up to two months of invoices may be withheld until such services are provided. Corollary services may include: Repairs or replacement of County or Towns'property,or private property on the multifamily routes due to damage caused by Contractor as part of the recycling operation. Any repairs or replacement must be complete within thirty days of damage. Removal within 24 hours notification of improperly placed roll-off containers when requested from temporary storage areas on County or Town of Chapel Hill property. In the event of severe weather or other event that necessitates the temporary cancellation of recycling services,County may negotiate with Contractor and receive a reduction in cost of services for services that 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,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 recyclables having been held over during period of cancellation). SECTION 16 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 at the recycling containers for collection by Contractor under the terms of this Agreement and shall consider adopting anti-scavenging ordinances,if necessary,to provide such protection. 11 14 Contractor may provide locking containers with a small access flap on the top of the container for metal can recycling. The lock would be primarily to prevent theft of aluminum. If containers are locked,County may require Contractor to provide keys to each apartment manager. Managers shall notify residents that the residents may have access to the bin key in order to place large numbers of cans directly into the container. SECTION 17 Permits and Licenses Contractor, at its sole cost and expense,shall maintain throughout the term of this Agreement 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 18 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 joint 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 19 Non-Assignment Neither Contractor nor County shall assign,transfer,convey,or otherwise hypothecate this Agreement or their rights, duties or obligations hereunder or any part thereof without the prior written consent of the other. SECTION 20 Compliance with Laws and Regulations Contractor agrees that in the operation of the Processing Center and the performance of work and services under this Agreement,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 Agreement,which are applicable to Contractor,its employees, agents or subcontractors,if any,with respect to safety or the work and services described herein. 12 _ SECTION 21 Saft 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 fiffly informed of said safety SECTION 22 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'CgMensatio Coverage A Statutory Coverage B $500,000 b) CoMprehensive Automobile Liabili 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) CoMrehensive General Liabil 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 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 requirement as the general contractor. If the Contractor does not meet the insurance requirements ,alternate insurance coverage satisfactory to County may be considered. 16 SECTION 23 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 County except to the extent same are caused by the negligence or misconduct by Contractor. SECTION 24 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: 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 an 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. 14 17 - 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 five(5)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 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,or the overflow problem was caused by site overuse between regularly scheduled collections rather than missed collection. SECTION 25 Records and Reports Contractor shall maintain its books and records related to the performance of this Agreement 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 borne 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 Agreement. b) Contractor shall maintain all documents and records which demonstrate performance under this Agreement 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 Agreement 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: i. Summaries of the tonnages of all materials recovered; ii. Summaries of the tonnages of all materials sold,by type; iii. Recyclable Material sales price; iv. Resident participation rates in terms of weekly amount in bins at each collection site in each of the complexes;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: 15 18 i. A collated summary of the gross costs and revenue information contained in the monthly reports, and also summarize the participation rates and recovered materials tonnages; ii. A discussion of public awareness activities and their impact on participation and recovered volumes; iii. A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and household participation; and iv. Summary of complaint calls by number and type. v. Paper and Electronic Annual summary of tonnage collected by site. SECTION 26 Force Majeure 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 Waste Industries 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 27 Waiver A waiver of any breach of any provision of this Agreement 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 28 Law to Govern This Agreement 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 Agreement and shall govern the interpretation of this Agreement. SECTION 29 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. 16 19 SECTION 30 Amendment This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives. SECTION 31 Cooperation Among the Parties Whenever consent, action or inaction is required, such consent,action or inaction will not unreasonably withheld by either party. SECTION 32 Severabilft The invalidity of one or more of the phrases,sentences,clauses or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement so long as the material purposes of this Agreement can be determined and effectuated. SECTION 33 Successors and Assigns This Agreement shall be binding upon the parties hereto,their successors and assigns. SECTION 34 Entirely This Agreement and any Attachments and any Exhibits(RFP exhibit A,previously attached and incorporated here by reference,Contractor's Proposal exhibit B(previously attached and incorporated here by reference), Questions and Answers from pre proposal conference exhibit C (previously attached and incorporated here by reference),and Memo to Contractor,exhibit D)(previously attached and incorporated here by reference)attached hereto contain the entire Agreement between the parties as to the matters contained herein. Any oral representations or modifications concerning this Agreement shall be of no force and effect. 17 NEW 20 IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. COUNTY: ATTEST: BY: Stephen H. Halkiotis Chair Beverly A. Blythe, Clerk to the Board CONTRACTOR: WITNESS: Signature Signature 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 18 STATE OF NORTH CAROLINA 21 ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Beverly 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 day of 2001. Notary Public My Commission expires: STATE OF COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of 2001. Notary Public My Commission expires: 19 co h 2 2 N N V C CO�> W N U o }}� O r�NNN�� �- cp-� 0 M O d S --= M-16 0 o N a 0 o 2 q N(n o 2 n 2 0 x 2 0 0 0 n S 2 N 07 N V U! O a 0 0 0 M V NM V M- - N- M a 0 N c w n ac M b x m N O a b W QN z LU U� W E 'iw a 0 O a Y u 7 S >> x x 2 7 �x 2 x 2 IL �LLF�F��FLL212��LLLLHF-�'L�F 2 2 F-LL����FLL g�2�-LLIL�LL��2 MLLFLLMLLFHF�-LL H'LLL �xQQQQQxxQexxxxQQQQQxQQxxxxxxxxoQQ2xxxxQQx2xxxxxxxxxxxQx o mm � � � � m mmmmmmmm mm � � � � � � � � � � � 0 ��ci�c�cici�c�icic�����c`�i3i3c"�i3��c����i�i��c��ci�cic�i���ci�0UL000�00C.)00L) d � _E y m •p .O -N 2' N m X d �oo a O d=am m� ;VV y O Q cm y m d >��� d C NQ N� m y�J = >�_�.p�10 O (n ED j 0'•'�.�. N m O m c y C m m m E c O•c� •� 'o E � i� mLU m0U o m m U � mUa L ooh o tU o a>�OU c �STn _ _ a>U mm m tnOU t� ma QfN m M p m'-.-W a m c a> v> °Nin u) mve�Ux I? c m m L m m E mY ro Egg+' m m m10a�aL � v W U �i W o �> L° yU - mL3 $'pw 4»CCS r m c mvm LLmd SEinS E ���oEiao=Lx_ p LLmd ddp N o L p U? c v 7n8 ywoWWz mri'mp h .°� vWC mLLm C) ID U m �i cm x m o L2 - cr�$'v c o�ev ui U a� o a`>`2• x�= 05 A �m� i uiui�x3z3Uox=inmawmzzmLLpo �WmLL Sx >aaaoazLL (p� W O N pp N W 0 0 0 N pp app p r t0 N�p O O Q O(O O N C N COO V pmj O O M p O O N O CD V O J N���N��10N��1UNNMMatO�(INN�Nt0100011�W e�D�e07M IL �NOaON^cm N�^o X. O�7hO y y y C E y y tll Q1 y f/1 E O Cq>C E y m.� C y C y C E U m7= y y y t C E O d 4+ m m ~C y z aci E o v m E _ p t m L E O r m r:3 m U E t L¢ c a> v r t m r 3 O U L E r c m c E o L c E 6 c m m c r p C c m y E y" m�Q Y m ptv c y mm 3m -co cE v m Q Load «' y a>U o ygm QaL� om2 o � E¢ o o m m Q yQ mm � I-vci- m QU Y m e O C C C C y H O L C CQ_yCQ U L� g¢F C O C Q m mC � m¢ y a> o` U mF 'CCRy m a>fQ_UF-(n y v m p HQ b a>v`c ° o¢ u> m ov �. c a> > L Y m m o off` �° c F- m U�"— p¢ E m o m� a> a> c > Qtn o N = m E oL9 oU� cv o o p m mU aEi�a o-�z Tma m y maU o 3Uav aF°> ° v-M 4 L° m L�3dyo'am £ cc a � mmm �=3o m ti� cEccE -- c� xc � �'xrc � gm E ym YY d=- d'C C y E� Li''4i Y d c" � EEmmmmto_ aa c EL �a>3i � y o�U 5� r Q Q Q Q 9 0 o 7 7 W N a•C N E O S 'C C CL� m m m N L L L L pp O O 9'O Y=N d C O L� m.__ d S._ O d O O O m m c _' N W¢Q m m m m m m m m m U U U U U U U U U U U W W W W W W LL LL IL LL LL(D S 2 2 x x Y Y Y J J rG Z Z Z O O d a7 Q1 Q)A l0 W 00 l�h.hM CD fO QIm OD aDNtf7 N OD aD aD NOQm W W NaO tO Cl c0 i0 torah to W pJ e6 to t64° LL]N �J N r rNN M M fV M V r O ik N oOp im' N j. go LL m rM Nr NMM rvr-1 17 tQrrNr�.}r NrNMNrr'-N rNNr w OMM cnx Como rhv>drr��bJ�Js0iv�ci�tlsii phi % 0 N 0 a e 0 0 MN NMM!- Rt �t NM rN c+3rr Nr NMN rN r Nr m r dT m tD N M ems w R S % O Q Y m xm i a � u - Q a H w c X Ux N F'9` a m 0 o R 0 7 Y 3 CL CL d MLLrCF-13*2�FF- F•'S�LLF- LLLL ��� IFS•-F���LL.'L�LLF-F-LL�.Sr LL2LL 121U.1 f-Ix- x 2 S x x x x x 2 x x x 2 x x x x x x 2 2 2 2 2 2 S S Q e eee a e e e e e _ e a Ee e e m y � o � Q Q R c�icii3vc�iiU2 � ci i�vcc Ji ci � iaUCiciccERio'c`�ci c�ci ci m e M c c m mg aCI� cod c rx iii m E �F- m m `m��m� m �OmK c �COtl� m �Q����� °LLmdNUt� e� o��3�=•� £ ine IL U9� 'mE R%u- ma % C « ' RE7 x c c Erb Y "v c r R v'c x �g°� °S� � � -°a[haUaco vsc w CDwu o 3 ��U.N(y0 p(� oN� 7 �aOrQr�tq tOAON FCNM�NN rLL M r rr a ACC o " % g .r��C p C "C C C.Ce s QC vC% f0 4 O %$qq O 8 E t _ y R EY W N O .0 a e cC -Q E m (4 O ryC %'G i"' 1�0 to F yam '° 4 U c c ,Y U m E U L ° oo¢F LL N m _ c m USV U V; m 2 i Y•6 a c.'E.y _W o¢ m �xUC9� �' °mU 16 N- o Y" R � m2no � RU ` E `t�zm f � ' " tv23 Q) 16 E ay. ' m LL a �a o c m a m o o-: o U 12L� � m m � c am R $ ° r4 = Ef 92 R � E'tca ° T$ % � _ w c Rot <9 m m R $ 76 R m r o U L° as cncnm mmU)Fnurmv�if r-�i-������ j> 3333 y3 c� 8 2R:0 2 ( . k & . � k . 0 ~ fa I . _ . . § a co 2 . k k I ) � 2 ■ «k § \\ ca �) CO � . o 9 2LLa�3� .1-mXM PpM Mm 72+ 27 7 TIT HIT ITT- 772 . .jf . ------ ---�--- °R22£ .2££22£22£ 0, 06080 a 0000u000u000u . �I) k- _ , £ ƒ ��} ,)i kf/ §� co )3d� . 4,Mmi .6g.Ee$%Re:2e:2 km )® Jam)ƒR�-°�ima `�� kJ�/G} w)lwwE�U-27W£W-k /alga a5](QA22§2§°§§ / ° ■ . G � k a ■® § k ) - ! • © � ' • g k ' k)(($ � ?\ /-23 a.\221) ( w ±� t .9 cc �( & �$ k� ° 2a■ | � uoau� � aNa3u2a2loaEoaw