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HomeMy WebLinkAbout2011-217 Solid Waste - CHCCS MOU for recycling collection services~~ ~-n~/7' "'~'~~~ ~~ North Carolina Memorandum of Understanding Orange County- For Recyclable Materials Collection Services MEMORANDUM OF UNDERSTANDING between The County of Orange and Chapel Hill -Carrboro City Schools For RECYCLING COLLECTION SERVICES This Memorandum of Understanding (MOU), entered into this the l.st day of July 2011, by and between Orange County ,North Carolina, on behalf of its Department of Solid Waste Management, (hereinafter "County', and the Chapel Hill -Carrboro City Schools (CHCCS) for the provision..of recycling collection services to public schools and other Chapel Hill -Carrboro City School system facilities located throughout Orange County; NC; WHEREAS, Orange County desires its Department of Solid Waste Management to perform fee- based collection of recyclables from Chapel Hill -Carrboro City School facilities as defined herein. NOW, THEREFORE, The Orange County and Chapel Hill -Carrboro City Schools do hereby agree as follows: . SECTION 1-Term of MOU The term of this MOU will be from July 1, 2011 through June 30, 2012 and will automatically renew each year unless otherwise agreed in writing by the parties. If either party desires to terminate this MOU, they may do so by providing 30 days written notice to the other party. SECTION 2 -Scope of Service The Orange. County Department of Solid Waste Management shall perform RecyclingBulky item Collection Services as follows: Cart-based Recycling Collection: Weekly collection to the recycling cart sites at the locations indicated on Attachment A: Materials collected in recycling carts shall include aluminum cans, steel cans, aluminum foil, empty aerosol cans, plastic bottles, plastic buckets, all colors of glass bottles and jars, and all clean dry paper including at least newspapers, glossy magazines and catalogues, telephone books, office paper, junk mail, shredded paper, and gable-topped cartons. All carts used for the collection of recyclables must be compatible with the Department of Solid Waste Management's collection equipment. Where needed and desired, the Department of Solid Waste will provide the carts to be used at each facility, and the Chapel Hill - Carrboro City Schools will reimburse the Department of Solid Waste for the verifiable cost of the carts. Once the Schools reimburse the Department of Solid Waste for the purchase price of the carts, the carts become property of the Chapel Hill - Carrboro City Schools. The Department of Solid Waste Management will provide all necessary labels for the carts, and will provide fair wear and tear maintenance to all carts. Bulk Cardboard Collection: Weekly collection of corrugated cardboard from dumpsters at the locations indicated on Attachment B. Material collected includes clean flattened corrugated cardboard and compatible materials such as paper-board tubes and brown paper bags. The Department of Solid Waste Management will provide one slotted bulk collection container for each- location provided on Attachment B. The Department of Solid Waste Management shall provide all necessary container signage and container maintenance including fair wear and tear repairs to containers and-lids. Material Pr-eparation, Processing, and Ownership: Chapel Hi11- Carrboro City Schools are responsible for preparing materials to the standards defined by the Department of Solid Waste Management. The Department of Solid Waste Management shall clearly label each collection receptacle as to the accepted material and will clearly communicate the standards for acceptable material to the -Chapel Hill - Carrboro City Schools Representative. The Department of Solid Waste Management may reject and refuse to collect improperly prepazed or contaminated materials. If this happens, the Department of Solid Waste Management will notify the school district's representative or his designee as soon as practical. Both parties agree that they will work together in good faith to correct problems as they occur and to resume normal collections as soon as reasonably possible. All properly prepared recyclable material becomes the property of-the Department of Solid Waste Management once placed in the collection container. The Department of Solid Waste Management will act in good faith to ensure that .all properly prepared materials collected under this MOU will be recycled as provided for with all materials managed by the public recycling program. No properly prepared materials will be landfilled. Collection Frequency: All collection will take place once each week. Collection will not take place at the school locations during the last two weeks of June, 'the entire month of July, nor during the last two weeks of December unless otherwise agreed by the parties. Collection Locations: The collection locations for the various services are as set out in Attachment A and Attachment B. The collection locations for either service may change, expand, or decrease as negotiated between the 2 Chapel Hill - Carrboro City Schools and the Department of Solid Waste Management. As this happens Attachment A and Attachment $ shall be revised accordingly. No such revision shall be binding until agreed upon in writing. by the parties. Missed Collections and Inaccessible Service Locations: If collection is ever missed or improperly performed, Chapel Hill - Carrboro City Schools may notify the Department of Solid Waste Management Representative or his designee and the Department of Solid ~ Waste Management will perform collection by the end of the business day following notification. If a collection location is ever inaccessible at the time service is attempted to be performed, the Department of Solid Waste Management will reattempt service at the earliest practical. time with the intention of maintaining weekly collection frequency. If a second attempt at service provision is made and the collection location remains inaccessible, the Department of Solid Waste Management will notify the Chapel Hill - Carrboro City Schools Representative or his -designee, and service will resume on the next regularly scheduled interval unless otherwise agreed by both parties. Data Retwrts: The Department of Solid Waste Management shall prepare and provide a monthly data report indicating the weight of material collected from each location plus an annual summary for each year of service. Special Collections /Special Events: The Department of Solid Waste Management may provide carts and collection for recyclables generated at special events on an as needed and as agreed basis, with the intention of supporting waste reduction and recycling efforts at special events. If it is agreed by both parties, and such MOU shall not be unreasonably withheld, that providing these services necessitates an additional charge for the special-service, the cost of the special service shall be negotiated between the two parties and billed with other monthly charges as stipulated in .Section 3. Miscellaneous Bulky Material Collection The Department of Solid Waste Management will collect roll-off containers filled with miscellaneous bulky items from three Chapel Hill - Carrboro City Schools locations; Chapel Hill High School, the Linco-ln~enter, and East Chapel Hill High School. Bulky items include fiurniture and construction debris. The following materials may not be placed in the roll-o-ff container: corrugated cardboard, metal, whole pallets, clean wood (wood that is not painted, treated, or stained), white goods, yard waste and tires. Each roll-off will be serviced on an "as needed" basis, meaning the school district's representative will contact the Department of Solid Waste Management at 919-968-2788 when aroll-off needs to be serviced and the County will respond within 24 hours of the request. Containers will not be serviced on Wednesdays, Thursdays, Saturdays and Sunday. The County will charge the school for each service, the associated tip fee and any other charges due to being a mixed load. Please see Attachment C regarding details for mixed loads. 3 SECTION 3 -Cost ofServices and Compensation for Services Cost of Service: The cost of weekly cart-based recycling collection to each location on Attachment A shall be $152 per location per month. The cost of weekly bulk cardboard recycling collection to each location on Attachment $ shall be $146 per location per month and this cost shall include the provision of the bulk collection container (eight cubic yard dumpster). If the Department of Solid Waste Management provides extra collections due to a special event or other unusual circumstances, the Department of Solid Waste Management and the Chapel Hill - Carrboro City Schools will negotiate and mutually agree upon the cost of service (to be based onfull- cost recovery) and this agreed upon amount will be added to the monthly invoice for services. The cost of the miscellaneous bulky material transportation will be $110 per pull plus the tip fee for the associated load and any other charges due to being a mixed load. Cost in Future Years: The Department of Solid Waste Management may increase the amount charged for collectian services one time each year upon written notification to Chapel Hill - Canboro City Schools Representative and providing such notice with time to allow for consideration of the increased cost of service during the preparation of the School System budget. Any increased cost of service shall be mutually agreed upon by both parties, or the MOU may be terminated as provided for in Section 1. Invoice: The Department of Solid Waste will- invoice the Chapel Hill - Carrboro Schools on a monthly basis for services provided under this MOU. Charges will be billed at the rates established by this MOU. Payment for services provided herein shall become due and payable within thirty (30) days of Department of Solid Waste properly invoicing the Chapel Hill - Carrboro Schools. The County reserves the right to terminate service upon the Chapel Hill - Carrboro Schools' failure to make payment within the time stipulated herein. Upon termination of this MOU by either party, Orange County shall be immediately paid the cost of services provided to date of termination. SECTION 4 -Indemnity Chapel Hill - Carrboro City Schools agree to defend, indemnify and hold harmless Orange County, its employees, officers, agents and representatives, from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the performance of this MOU and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Chapel Hill - Carrboro City Schools, their officers, employees, agents, and representatives, except to the extent same are caused by the negligence or willful misconduct of Orange County. It is the intent of this provision to require the Chapel Hill - Carrboro City Schools to indemnify Orange County to the fullest extent permitted under North Carolina law. 4 SECTION 5 -Insurance Chapel Hill - Carrboro City School-s shall purchase and maintain insurance necessary to protect its interest and its officers, employees, agents and other individuals and entities deemed to have an insurable interest. SECTION 5 -Representatives The- County's Representative, for purposes of this MOU, shall be: Gayle Wilson, Director Orange County Department of Solid- Waste Management PO $ox 17177 Chapel Hill, NC 27516-7177 Ph. (919) 968-2788 Chapel Hill - Carrboro City Schools Public Schools' representative for purposes of this MOU shall be: Bill Mullin, Director of Facilities Chapel Hill - Carrboro City Schools 750 S. Merritt Mill Road Chapel Hill, NC 27516 Ph. (919) 967-8211 Each party to this MOU Contractor shall provide notice to the other of a change in its Representative. SECTION 6 -Miscellaneous Relationship of Parties: Orange County is an independent-contractor of-the Chapel Hill - Carrboro City -Schools. Neither . the Chapel Hill - Carrboro City Schools nor their employees shall be deemed to employees of Orange County. The Chapel Hill - Carrboro City Schools personnel shall not be employees of or have any contractual relationship with Orange County pursuant to this MOU. Waiver: The failure of Orange County to require compliance by the Chapel Hill - Carrboro City Schools with any provisions of this MOU or the waiver by Orange County of any breach of this MOU shall not constitute a waiver of any claim for damages by Orange County for any breach of this MOU or a waiver of any other required compliance with this MOU or subsequent breach of this agreement. Limitation and Assi nment: Orange County and Chapel Hill - Carrboro City Schools each bind themselves, their successors, assigns and legal representatives to the terms of this MOU. Neither party shall assign or transfer its interest in this MOU without the written consent of the other. Governing Law: This MOU and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Dispute- Resolution: Any and all suits or actions to enforce, interpret- or seek damages with respect to any provision of, or the performance or non-performance of, this MOU shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The parties may agree to nonbinding rnediation of any dispute prior to the bringing of such suit or action. Entixe A~eement: This MOU and any -attachments hereto represent the entire and integrated agreement between Orange County and the Chapel Hill - Carrboro City Schools and supersede all prior negotiations, representations or agreement either written or oral. This MOU may be amended only by written instrument signed by both parties. Severability: If any provision of this MOU is held as a matter of law to be unenforceable, the remainder of this MOU shall be valid and binding upon the parties. IN TESTIMONY WHEREOF, the parties have hereunto set their Bands and seals the day and year first above written. ORANGE OUNTY: BY: '7 ^ ZCv -r/ Frank Clifton, C Manager CHAPEL CITY SC] WITNESS: Signature Printed Name and Title ,t~cirvC ,~„~CCro.~ .~ti4.e~ ~i+~C.«t~~:t Signature Printed Name and Title 6 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~C ~w ~, Finance Director Approved as,to technical content: Approved as. to form and legal sufFiciency: Department ector Coup Attorne STATE OF NORTH CAROLINA ORANGE COUNTY I, ~ ~•Q.~'•~ , a Notary Public for said County and State, do hereby certify that F Clifton personally appeared before me this date and acknowledged that he is the Manager of Orange County, and acknowledged the due execution of the foregoing Memorandum of Understanding. WITNESS my hand and official seal, this the ~ day of _ 2011. \\ !!!lUttitI ~ u~llllgi,',i ~~ `\~~ ~~ 9~~~i t ~~~~~~ ~- +i, ~~ , f' ~ j ~ ~ , ' !C try ~ ~ \ ~~~~ Notary Publ c My Commission expires: STATE OF _ COUNTY OF I d ~ l.~-~D / ~ I, a Notary Public, do-hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Memorandum of Understanding. WITNESS my hand and official seal, this the day of Notary Public My Commission expires: 2011. 8 ATTCHMENT A RECYCLING CART SITES TO BE SERVICED Facilit Name Ph sisal Address Carrboro Elementa 400 Shelton Street, Carrboro Ephesus Elementary Estes Hills Elementa 14.95 Ephesus Church Road, Cha el Hiil Estes Hills. Elementa 500 N. Estes Drive, Cha el Hill Glenwood Elementa 2 Prestwick Road, Cha el Hill FP Graham Elementa 101 Smith Level Road, .Cha el Hill '"'`M-cDou le Elementa /Middle School 890 & 900 Old Fa etteville Road, Cha el Hill Morris Grove Elementa 2-15 Eubanks Roast, Chapel Hill Rashkis Elementa 601 Meadowmont Lane, C-ha el a--lill Ma Scro s Elementa 501 [<ildaire Road, Cha el Hill Seawell Elementa 9115 Seawell School Road, Cha el Hill Culbreth.Middle 225 Culbreth Road, Cha el Hill Philli s Middle ~ 606 N. Estes~Drive,-Cha el Hill Smith Middle ~ 9201 Seawell School Road, Cha el Hill Carrboro Hi h ~ 201 Rock Haven Road, Ca-rrboro Cha el Hill Hi h ~ 1709 Hi h School Road, Cha el Hill East Cha e! Hill Hi h ~ 500 Weaver Dai Road, Cha el Hill Trans ortation Center ~ 1708 Hi h School Road, Cha el Hill Lincoln Center 750 Merritt Mill Road, Chapel Hill 27516 **McDougle Elementary and Middle Schools share facilities ATTACHMENT B BULK CARDBOARD SITES TO BE SERVICED WEEKLY Facilit -Name Ph sacal Address Carrboro Elementa 400 Shelton Street, Carrboro Ephesus Elementary Estes Hills Elementa 1495 Ephesus Church Road, Cha eI Hill Estes Hills Elementa 500 N. Estes Drive, Cha el Hill Glenwood Elementary 2 Prestwick Road, Chapel Hill ____ FP Graham Elementary 101 Smith Level Road, Cfiapel Hill _ **McDougle Elementary/ Middle School 890 & 900 Old Fa etteville Road, Chapel Hill Morris Grove Elementa 215 Eubanks Road, Cha el Hill Rashkis Elementa 60.1 Meadowmont Lane, Cha el HiJI Ma Scro s Elementa -501 Kildaire Road-, Ci~a el Hill Seawell Elementa 9115 Seawell School Road, Cha el Hill Culbreth Middle 225 Culbreth: Road, Cha el Hill Philli s Middle 606 N. Estes Drive, Cha el Hill Smith Middle 9201 Seawell School Road, Chapel Hill Carrboro Hi h 201 Rock Haven Road, .Carrboro Chapel Hill Hi h 1709 H.i h School Road, Cha el Hill East Chapel Hill Hi h 500 Weaver Dai Road, Cha el Hill Trans ortation Center 1708 Hi h School Road, Cha el Hill Lincoln Center 750 Merritt Mill Road, Chapel Hill 27516_ * *McDougle Elementary and Middle Schools share Facility 10 ATTACHMENT C MIXED LOAD- P1NALTY A Mixed Waste Penalty (MLP) is levied against loads disposed of at the Orange County Landfill that contain clean wood, metal, whole pallets, white goods, tires and/or corrugated cardboard. A MLP is paid at the cost of double tip fee charge. Tickets will be compiled and sent out with monthly statements. 11