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HomeMy WebLinkAbout2003 NS Solid Waste - TJCOG for household hazardous waste support servicesr State of North Carolina The County of Orange Agreement for Recycling Services AGREEMENT between Triangle J Council of Governments and The County of Orange for Household Hazardous Waste Support Services This AGREEMENT is entered into this the 3rd day of June 2003, by and between The County of Orange, North Carolina on behalf of its Solid Waste Department (hereinafter "Count}') and Triangle J Council of Governments (hereinafter "Contractor") for provision of support and corollary services for the Household Hazardous Waste program. Term of Agreement SECTION 1 The term of this AGREEMENT shall be for one (1) year; from July 1, 2003 through June 30, 2004. Terms contained herein that have no consequence on the overall outcome or cost of the contract maybe amended through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this AGREEMENT maybe executed or a new contract maybe signed. This contract may also be expanded at the option of County and with the agreement of Contractor to include additional services SECTION 2 Scone of Services Contractor shall provide support and corollary services to County's Household Hazardous Waste Program as follows: 1. Contractor will work cooperatively with County and other participating local governments to place a minimum of $1,745 of print advertisements for the household hazardous waste program in newspapers and periodicals which are distributed in Orange County. 2. Contractor will work cooperatively with County and other participating local governments to place a minimum of $7,800 of broadcast media advertisements (radio and television) for the household hazardous waste program that will be distributed to / have a target audience which includes the residents of Orange County. 3. Contractor will, either itself or through the use of subcontractors, provide County with $1,000 worth of print brochures and other promotional material to be used by County to promote, educate, and or otherwise inform the citizens about the household hazardous waste program. 4. Contractor will, either itself or through the use of subcontractors, provide County with $500 of professional design and layout services to County for production of educational and promotional materials for the household hazardous waste program. 5. Contractor will maintain the regional household hazardous waste telephone line that can be accessed by Orange County and other Triangle residents. This telephone line shall provide at a minimum the location and operational hours for the Orange County Household Hazardous Waste Facility, as well as informing callers that they can call the Orange County Department of Solid Waste Management at 968-2788 for further information. 6. Funds paid to Contractor as described in Section 3 intended to provide services described in Section 2 paragraphs 1-5 may be redirected to provide other services for the household hazardous waste program if agreed to by County, Contractor, and other participating local governments. SECTION 3 Cost of Services Cost to the County for the above itemized services (see Section 2, Scope of Services) shall be $7,500.00. This amount shall be payable upon approval of this AGREEMENT by County and Contractor. This amount may be reduced by an amount equal to credit for services unperformed during earlier years of cooperation between County and Contractor. Cost to County shall not exceed $7,500 without approval and agreement of County. SECTION 4 Labor and Costs Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform services pursuant to this Agreement. SECTION 5 Indeuendent 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. No person performmg any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the County, and no such person shall be entitled to any benefits available or granted to employees of the County.. SECTION 6 Indemnity Contractor agrees to defend, indemnify, and hold harmless County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily mjury, including death, and property damage, including any environmental injury, to any person or persons caused in-whole or m 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, mdemnify, 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 nsconduct of the County except to the extent same are caused by the negligence or misconduct by Contractor. 2 SECTION 7 Termination The performance of work under this AGREEMENT maybe terminated by County in whole or in part whenever County determines that termination is in County's best interest. Any such termination shall be effected by the delivery to Contractor written notice to this extent. Written notice shall be delivered to Contractor at least thirty (30) days before the date of termination. Said notice shall specify the extent to which performance of services under this agreement are terminated and the date upon which such termination becomes effective. After receipt of a notice of termination from County, except as otherwise directed, the Contractor shall stop work on the date of receipt of notice of termination or other date specified in the notice; place no further orders or subcontracts for materials, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontractors; remove all supplies and equipment; and settle all outstanding liabilities and claims. The performance of work under this AGREEMENT maybe terminated by Contractor in whole or in part whenever Contractor determines that termination is in Contractor's best interest. Any such termination shall be effected by the delivery to County written notice to this extent. Written notice shall be delivered to County at least thirty (30) days before the date of termination. Said notice shall specify the extent to which performance of services under this agreement are terminated and the date upon which such termination becomes effective. Contractor shall be reimbursed by County for work done prior to termination. SECTION 8 Notice 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: To: Orange County Department of Solid Waste Management Attn: Mr. Robert Taylor PO Box 17177 Chapel Hill, NC 27516-7177 To: Triangle J Council of Governments Attn: Ms. Judy Kincaid PO Box 12276 Reseazch Triangle Pazk, NC 27709 6 " SECTION 9 Waiver Failure of either party to enforce, at any time, any of the provisions of this AGREEMENT, or to request at any time performance by the other party of any provisions hereof, shall in no way be construed to be a waiver of such provisions, nor m any way affect the validity of this AGREEMENT or any part thereof, or the right of either party to enforce each and every provision. SECTION 10 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 11 Titles of Sections Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 12 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 13 Severability 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. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Margaret Brown, Chair CONTRACTOR: Dee A. Freeman, Executive Director ATTEST: Donna S. Baker, Clerk to the Board WITNESS: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Acf. Finance Director ~k 8 STATE OF NORTH CAROLINA ORANGE COUNTY I~ , a Notary Public for said County and State, do hereby certify that Donna S. Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Margaret Brown, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of Notary Public My Commission expires: STATE OF _ COUNTY OF 2003. 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 2003. Notary Public My Commission expires: 6