HomeMy WebLinkAboutAgenda - 08-16-2005-5lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 16, 2005
Action Ages a I
Item No.
SUBJECT: Agreement Renewal for Household Hazardous Waste Collection Services
DEPARTMENT: Purchasing/Solid Waste PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Pam Janes, 245-26.52
Agreement Addendum
Household Hazardous Waste 2002
Agreement (under separate cover)
Gayle Wilson, 968-2885
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To continue the agreement with ECOFLO Inc. for Household Hazardous Waste
and Conditionally Exempt Small Quantity Generator Collection Services,
BACKGROUND: The Household Hazardous Waste (HHW) collection program was established
in 1994 as a cooperative program between local governments to collect hazardous waste from
residents of Chatham, Durham, Orange, and Wake counties, In the spring of 2002, the various
local governments decided that each local government would contract individually with the
service provider of their choosing for HHW services,
In .June of 2002, the BOCC approved an agreement with ECOFLO, Inc far the provision of
HHW services, That agreement authorized athree-year initial term, with atwo-year extension.
ECOFLO began operating Orange County's Household Hazardous Waste Program based at
the County's permitted facility at the Orange County Landfill, In the spring of 2003, the HHW
program transitioned from holding collection events on the first Saturday of the month to
operating afull-time year round collection program accepting household hazardous waste four
days per week.
The agreement also allows small businesses generating less than 100 kilograms of Hazardous
Waste per month to use the County's vendor for fee-based hazardous waste disposal services.
This addendum engages ECOFLO for the two-year extension as outlined in the original
agreement through June 2007, It further allows the County to expand the program hours from
four days per week to six days per week, Monday through Saturday.
FINANCIAL IMPACT: The total projected cost of this agreement for FY 2005-2006 is
$224,000, This amount is included in the approved Solid Waste Management Departmental
Budget.
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RECOMMENDATION(S): The Manager recommends that the Board approve the Household
Hazardous Waste Agreement Addendum with ECOFLO Inc, and authorize the Chair to sign the
agreement addendum, subject to final review by Staff and the County Attorney.
STATE OF NORTH CAROLINA ADDENDUM TO HOUSEHOLD HAZARDOUS
THE COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT
Addendum to that certain Agreement effective .July 4, 2002, between the County of Orange, on
behalf of its Department of Solid Waste Management, (hereinafter "County"), and ECOFLO,
Inc., a Maryland Corporation, (hereinafter "Contractor") for the provision of Household
Hazardous Waste and Conditionally Exempt Small Quazrtity Generator Waste Collection azrd
Disposal Services..
In consideration of the mutual promises and conditions set forth herein, the County and
Contractor agree to amend the Agreement as follows:
Term of Agreement
The term of the confract will be for two (2) years unless otherwise agreed by the parties; the period
from .July 1, 2005, through .Tune 30, 2007 (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 addendum and the associated contract.
Assuming that neither County nor the Contractor desire to alter the material terms of this contract,
and the continuation of this contract beyond the initial term is desired by both County and the
Contractor, this contract maybe extended for an additional term of two years, or from July 1, 2007
though June 30, 2009. Terms contained herein that have no consequence on the overall outcome or
cost of the contract may be amended during the course of the extension 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.
Oaerational Hours and Holiday Schedule:
HHW will be accepted at Orange County's HHW Collection Facility six (6) days per week, each
week. This represents an expansion of service hours beyond the earlier four (4) day per week
schedule. The addition of service on Monday and Tuesday is intended to increase participation
in County's HHW program and to increase convenience of program for County citizens. The
program shall be open to accept HHW from eligible participants druing the following hours:
Monday through Friday, loam until 6pm; Saturday 7:.30am until 12 noon.. County reserves the
right to modify program hours as needed, and shall do so only after receiving the approval of
Contractor.
The timing of the transition from the four-day per week schedule to the six-day per week
schedule shall be negotiated between County and Contractor, and expansion is expected to take
no later than .January 1, 200(, or as the County deems appropriate.,
The holidays observed by the FII-IW Program shall coincide with the holidays observed by the
Orange County Landfill. hr general, the only holidays observed by the Oruige County Landf 11 are
Independence Day (4th of.Iuly), Tharilcsgiving Day, Cluistmas Day, and New Years Day (January
1). The FIIIW Program will not operate on days when the Orange County Landfill. is closed due to
a holiday or to special events such as emergencies, adverse weather conditions, or other reasons
deemed appropriate by the Orange County Department of Solid Waste Management, the Orange
County Manager, or the Orange County Board of County Comrnissioners. Exceptions to the regular
operational hours of the multi-day per week program beyond those listed above shall be made only
with prior written approval ofCounty,
Fu0 Force and Effect
Except as amended by this Addendum, the Agreement shall remain in full force and effect.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
COUNTY:
BY:
Moses Carey, Jr, Chair
CONTRACTOR:
Signature
Printed Name and Title
ATTEST:
Domra S, Baker, Clerk to the Board
WITNESS:
Signature
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
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STATE OF NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public for said County and State, do hereby
certify that Dorma 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 Moses
Carey, .Ir., Chair, sealed with its official seal, and attested by herself as its Clerk.
WITNESS my hand and official seal, this the day of
2005.
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
2005.
Notary Public
My Commission expires:
State ofNorth Carolina Agreement for ~
The County of Orange Waste Disposal Services
HOUSEHOLD HAZARDOUS WASTE AND
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR
COLLECTION SERVICES AGREEMENT
BETWEEN
THE COUNTY OF ORANGE
AND
ECOFLO, INC.
THIS AGREEMENT made this the 4th day of June, 2002, by and between the County of Orange,
North Cazolina, on behalf of its Department of Solid Waste Management, (hereinafter "County"),
and ECOFLO, Inc, (hereinafter refereed to as "Contractor"), a Maryland corporation, sets forth
the terms and conditions by which the Contractor will provide the County with the services
indicated below.
WITNESSETH:
WHEREAS, County desires to continue its current permanent Household Hazardous Waste
Collection Program and to initiate a program to provide hazardous waste disposal services to
Conditionally Exempt Small Quantity Generators (CESQGs), including the various local
govenunents within Orange County and the public school systems within Orange County; and
WHEREAS, the County desires to hire a professional Contractor knowledgeable and experienced
in conducting such waste reuse, recycling and disposal programs; and
WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and
experienced in conducting such waste reuse, recycling and disposal programs;
NOW, THEREFORE, in consideration of the mutual promises and benefits of this Agreement,
the County and the Contractor agree as follows:
SECTION 1
Emnloyment of ECOFLO, Inc. Effective .June 4, 2002, the County agrees to hire Contractor and
Contractor agrees to act as the County's contractor to conduct the Household Hazardous Waste
Collection Program as described herein and to provide reuse, recycling and disposal services for
hazardous waste generated by Orange County Residents and approved residents of other
jurisdictions, Orange County Govenmient Departments, other Local Govenunents within Orange
County, including public school systems within Orange County, and Conditionally Exempt Small
Quantity Generators within Orange County. The "Initial Tenn" of this agreement shall be for
three (3) years, or fiom Tune 4, 2002 until June 30, 2005, provided that the County allocates
sufficient funds, and performance by Contractor is satisfactory. This Agreement maybe
extended for an additional term of two (2) years, or from .July 1, 2005 until .June 30, 2007, as
agreed to by the parties.
SECTION 2
Definitions: Ienns used in this contract are defined as follows:
Resource Conservation and Recovery Act (RCRAZ Arr amendment to the federal Solid Waste
Disposal Act of 1965, RCRA was enacted in 1976. Within this contract the acronym RCRA
does not only refer to the Statute itself; but also to corresponding regulations codified in the Code
of Federal Regulations (CFR), guidance, and policy. The def nitions that follow are based on
those established by RCRA, and are intended to reflect the meaning created by RCRA.
Hazardous Waste: A waste with properties that make it dangerous, or capable oflraving a
harmful effect on human health and the environment. As detem~ined by RCRA, hazardous
wastes are specifically defined as wastes that meet a particular listing description (Listed Wastes)
or that exhibit a characteristic of hazardous waste (Characteristic Waste).
Characteristic Waste: Waste drat is considered hazardous under RCRA because it exhibits any of
four different measurable properties: ignitability, corrosivity, reactivity, and toxicity.
Listed Wastes: Wastes that are considered hazardous under RCRA because they meet specific
listing descriptions. The Environmental Protection Agency (EPA) has applied the listing criteria
to hundreds of specific industrial wastestreams. These wastes are grouped into four lists located
at 40 CFR Part 261, Subpart D. Each listed waste is assigned a hazard code by the EPA to
indicate its reason for listing a waste.
Acutely Hazardous Waste: As defined by RCRA, Acutely Hazardous Wastes are Listed Wastes
that are accompanied by the hazard code (H) and are subject to stricter management standards
than most other wastes.
Household Hazardous Waste (HHWZ Waste generated by a household that could technically be
]iazardous waste (as defined above) but that is exempt Uy RCRA from the definition of hazardous
waste.
Conditionally Exempt Small Quantity Generator (CESOG): A commercial business, facility or
other non-household entity that produces less than 100 kilograms (kg) of hazardous waste, or less
than 1 kg of acutely hazardous waste, per calendar month..
Universal Waste: As Codified by 40 CFR Part 273, Universal Wastes are certain widely
generated hazardous wastes with special management provisions intended to ease the
management burden and to facilitate recycling.
Generator: Arty person whose act first creates or produces a hazardous waste, used oil, or
medical waste, or first brings such material into RCRA regulation.
Stora e: Holding hazardous waste for a temporary period, after which the hazardous waste is
treated, disposed of, or stored elsewhere.
Lab Pack: Drums or approved containers filled with many small containers packed in
nonbiodegradable absorbent material.
Manifest: Paperwork that accompanies hazardous waste from the point of generation to the point
of ultimate treatment, storage, or disposal. Each party involved in the waste's managenrent
retains a copy of the RCRA manifest, which contains specific information about the waste,
Site Attendant: Contractor employee who works fidl-time at County's Permanent HHW Facility
managing waste received under this contract.
SECTION 3
Compensation and Payment: The County agrees to pay Contractor for its services in accordance
with the following prices and terms of payment:
a) Labor: Contractor will provide one full-time Contractor employee, hereafter "Site
Attendant," working 40 hours per week at County's facility: $21,000 per year payable in
monthly installments of'$1,750. Additional labor by Contractor employees beyond that of the
Site Attendant may be billed at the prices set forth in the attached Appendix A.
b) Disposal, Supply, and Transportation: All disposal, supply, and transportation charges
associated with management of Household Hazardous Waste received during the regular
operational hours of the multi-day per week HHW program (see Section 4, subsection b) will
be covered by a fixed price of $0.60 per pound of HHW, This weight will be deternrined as
the HHW is received at County's facility, and shall exclude the weight of HHW diverted to
Reuse and Other Diversionary programs (as described in Section 4, subsection d) and shall
whenever practical exclude the weight of containers used by citizens to deliver the HHW to
the facility. Specifically, cardboard boxes, newspaper, bags and other materials used only to
transport smaller containers of HHW will not be weighed unless they aze contaminated to the
extent that they require treatment as HHW. Contractor will bill County monthly for disposal,
supplies, and transportation, and shall provide required manifests and reports, as listed in
Section 4, subsection k and subsection 1.
c) Additional Labor, Services and Supplies: Additional labor, services, and supplies beyond
those provided by the Site Attendant when managing waste received at County's HHW
facility during the regular operational hours (as defined in Section 4, subsection b) maybe
obtained by the County at the price set forth in the attached Appendix A, the Pricing Sheet,
which is made part of this Agreement, Examples of additional labor, services, and supplies
include, but are not limited to the following:
• County's purchase of supplies such as 55 gallon drums for prograns other than the HHW
program;
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• Contractor's provision of additional labor as needed or as requested by County to assist in
handling days with heavy participation or in assisting with the management of CESQG
waste (as described in Section 4, subsection f);
• Contractor's provision of'services beyond the hours of the multi-day per week collection
program as described in Section 4, subsection b. Examples of this maybe holding a fiill-
day collection event on a Saturday, or expanding hours of the multi-day per week
collection program for aone-time special occasion (see Section 4 subsection d for further
information on Special Events).
Provisions of and billing for additional labor, services, and or supplies will take place only
upon the mutual agreement of County and Contractor..
d) Cost of Services in Future Terms: The prices listed above and in Appendix A are to remain
the same for the "Initial Term" of this Agreement. Subsequent price adjustments shall be
limited to no more than one price increase during any subsequent contract period, If County
and Contractor choose to extend this Agreement for an additional term, as allowed in Section
1 of this Agreement, and if Contractor desires to increase the cost of services during any
additional term, any new prices shall be the result of negotiation between County and
Conh~actor.
e) Payment Terms: Payment terms are net thirty (30) days from receipt of an accurate invoice
and required Data Reports (as described in Section 4, Subsection 1) satisfactory to the County.
In the event of dispute as to the accuracy of an invoice, the County agrees to pay all
undisputed amounts within the time set forth herein. Invoices will not be paid without
submittal of accurate and complete Data Report. If County finds that the Data Report is not
satisfactory, County will notify Contractor in writing. The Contractor and the County agree
that, in the event the County fails to make payment when due, an amount equal to 3.0% per
annum maybe added to all undisputed amounts outstanding for more than thirty (.30) days.
This amount will be calculated based on the number of days in excess of thirty (30) past the
date of receipt of said invoice by County to the date payment is received by the Contractor.
The County is responsible for notifying the Contractor of any question concerning an invoice.
No interest will accrue on disputed amounts while the dispute is pending, unless it is
determined by a court of competent jurisdiction that there was no factual or legal basis for the
dispute.
f) Le ig slated or Regulated Taxes, Taziffs, Fees, and Surcharges: The County shall reimburse
the Contractor for taxes, tariffs, fees, surcharges, or other charges imposed after the execution
date of the Agreement by legislation or regulations enacted or promulgated by any federal,
North Carolina, or local agency having jurisdiction, and levied specifically upon the
transportation, treatment, storage, incineration, recycling, or disposal of the hazardous waste
collected by this prograrn, Contractor shall provide County with thirty (30) days written
notice of such change in legislation and shall submit evidence reasonably satisfactory to the
County that such charges have been paid; however, the County shall not reimburse the
Contractor for any portion of such taxes, tariffs, fees, surcharges, or other charges arising out
of the Contractor's violation of law,.
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g) Non-Disposal and Other Services: Prior to the performing any non-disposal services or other
service requested by the County, the Contractor shall provide cost estimates to the County for
all such services, Specific services and costs shall be subject to advance approval by the
County,
SECTION 4
Scope of Services: The Contractor shall perform in a good and professional manner the services
listed in this Agreement and its Appendices and / or Addendums. County's Request For
Proposal (RFP) number 236, and any associated Addendum, as well as Contractor's Proposal
dated May 9, 2002, are to be considered attached hereto and incorporated by reference. Any
conflict between the teens of this Agreement and the terms of the Request For Proposal or the
Proposal will be governed by the terms of this Agreement.
a) HHW Collection Program: In an effort to reduce the toxicity of the wastes being buried in
the Orange County Landfill and to serve the citizens of Orange County by facilitating the
removal of hazardous waste from the environment at large, and specifically to protect local
ground water and waterways, the County operates the Household Hazardous Waste Program.
The Orange County Permanent Household Hazardous Waste Collection Center is permitted
by the State of North Carolina and is subject to the operational requirements and constraints
of said permit. A copy of the facility permit shall be made available to Contractor by County,
and County is responsible for ensuring that a copy of the permit is located at the household
hazardous waste facility at all times.. The Household Hazardous Waste Identification
Number NCPH0689501 shall be used to ship wastes off site for recycling, treatment or
disposal,
Contractor will provide at least one (1) fully trained Site Attendant to staff the County's
facility, located at 1514 Eubanks Road in Chapel Hil] (Orange County Landfill) during all
operational hours. This Site Attendant will be an employee of the Contractor, will accept
household hazardous waste during the center's operational hours, and shall process the
received waste, manage facility maintenance (unless otherwise specified in this Agreement),
and perforni other necessary chores during the course of the work-week. The Site Attendant
may also be required by County to process Electronic Wastes, CESQO Wastes, and to
manage and operate County's various reuse programs as defined below in Section 4,
subsection e. The County shall also have at least one (1) representative on the property of the
Orange County Landfill during the times the facility is open to receive waste,.
Contractor shall work to have sufficient personnel present at the collection facility during the
hours waste is received to acconunodate provision of service to all program participants.. In
the event that one Site Attendant does not prove sufficient on a regular and reoccurring basis,
County and Contractor shall jointly develop a plan to suff ciently staff t9re facility.
When accepting Household Hazardous Waste at County's HHW program, if the hazardous
waste presented appears to have been generated by a commercial entity, the Site Attendant
will interview the participant in order to determine if the waste is indeed conunercial in
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origin. Unless otherwise deternrined by County and Contractor, the Site Attendant will make
the decision as to the acceptability and proper handling of said waste using guidelines
established by the Orange County Department of Solid Waste Management. If the decision is
made to refuse to accept hazardous waste based on the determination that the waste is
conunercial in origin (and therefore not Household Hazardous Waste), then County, Site
Attendant, and Contractor will make every reasonable effort to divert eligible commercial
hazardous waste into County's Conditionally Exempt Small Quantity Generator Program,.
b) Operational Hours and Holiday Schedule: HHW will be accepted at Orange County's HHW
Collection Facility four days per week, each week. This "multi-day" per week progranr is
intended to increase participation in County's HHW program, increase HHW program
efficiency and cost-effectiveness, and to increase convenience of program for County
citizens, The program shall be open to accept HHW from eligible participants during the
following hours: Wednesday tlu-ough Friday, 10 AM until 6 PM; Saturday 7:.30 AM until 12
noon. County reserves the right to modify program hours as needed, and shall do so only
after receiving the approval of Contractor.
The holidays observed by the HHW Program shall coincide with the holidays observed by the
Orange County Landfill. In general, the only holidays observed by the Orange County
Landfill are Independence Day (4th of .July), Thanksgiving Day, Christmas Day, and New
Years Day (January 1). The HHW Program will not operate on days when the Orange
County Landfill is closed due to a holiday or to special events such as emergencies, adverse
weather conditions, or other reasons deemed appropriate by the Orange County Department
of Solid Waste Management, the Orange County Manager, or the Orange County Board of
County Commissioners.. Exceptions to the regular operational hours of the multi-day per
week program beyond those listed above shall be made only with prior written approval of
County.
c) Eligible Participants and Screening of Household Hazardous Waste Participants: Contractor
shall accept and process HHW only from residents of one of the counties serviced by
County's Household Hazardous Waste Program (presently Orange, Chatham, Durhan~, and
Wake). Site Attendant shall screen each event participant and determine in which county the
participant resides, and shall further determine that the waste brought by said participant is
Household Hazardous Waste (HHW). Contractor shall present County wiflr monthly reports
on program participation and waste management by county of origin (see Section 4,
subsection 1 for fuuther details).
County reserves the right to accept Household Hazardous Waste from residents of other
jurisdictions, and / or to limit the,jurisdictions fiom which County will accept HHW, and to
limit the types of waste the program will accept. For example, County may, at some point in
the future, choose to limit participation in the program to residents of Orange County only. If
County chooses to limit participation, County will work with Contractor and Site Attendant
to develop a system for screening residents and determining eligibility to participate in the
program.
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d) Snecial Collection Events: County may, with Contractor's approval, bold special HHW
collection events such as extended Saturday collections or satellite collection events.. In the
case of special events, transportation, disposal, labor; and supplies provided by the Contractor
shall be billed at the rates listed in Appendix A unless otherwise agreed by County and
Contractor. If permits or other approvals are required in order to hold a special event such as
a satellite collection event, County may request Contractor's assistance in seeking said
pernrits or approval, and if assistance is provided Contractor Wray bill County accordingly for'
labor.
When and if the County operates its HHW Program at times other than those regularly
scheduled for the multi-day per program (as determined in Section 4, subsection b), and
Contractor and County determine that additional personnel are needed to screen event
participants or manage accepted waste, Contractor shall provide additional personnel as
needed to manage waste and bill County accordingly for labor. County may provide
personnel to perform participant screening, or may request that Contractor provide personnel
to perform screening and bill County accordingly for labor.
e) Reuse and Other Diversion: County may require Contractor to accept and then segregate
certain items for purposes other than processing and / or disposal by Contractor.
Reuse Programs: In an effort to reduce hazardous waste disposal costs and to facilitate the
reuse of collected materials before recycling or other disposition, County may operate
several reuse programs parallel with the HHW progran~. If waste received by the
Contractor at County's facility is deemed reusable, County may ask Contractor to direct
certain reusable items to a reuse program such as a "Reuse Shelf' or a "Paint Exchange,"
These reusable items will be made available for program participants and county citizens
to reuse rather than being sent with Contractor for disposal /management. Items directed
to the a reuse program may include, but are not limited to, paint, unopened items, aerosols
such as paints or lubricants, and / or other items that are determined to be of low toxicity
and have potential reuse value, such as household cleaners, motor oil, other automotive
fluids, fertilizer, furniture finishes, eta County and Contractor shall,jointly decide what
items are to be directed to the reuse programs. Site Attendant shall provide assistance to
reuse programs when possible. Contractor may not unreasonably refuse to direct items to
the reuse programs. Any individual or institution wishing to take possession of any item
with hazardous properties that has been directed to a reuse program must sign an
approved Release of Liability, the language of which shall be approved by County and
Contractor,
Other Diversion: County may also ask Contractor to separate other items beyond those
listed above and direct these items to other diversion programs run by the County. Items
that maybe directed to other County programs include but are not limited to propane
tanks, other cylinders, clean (otherwise uncontaminated) used motor oil, dry cell batteries,
lead acid batteries, and computers and electronic equipment.
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Contractor will not take possession of or title to aforementioned items directed to reuse
programs.
f) Commercial Waste and the Conditional) Egypt Small Ouantity Generator Program:
County and Contractor shall,jointly establish a program to accept and manage Hazardous
Waste produced by Conditionally Exempt Small Quantity Generators (CESQG) located
within Orange County.. By operating this program jointly with Contractor, County does not
take possession of or become the legal generator of any non-governmental commercially
generated hazardous waste accepted by the CESQG Waste Program.
The County, Site Attendant, and Contractor will work to prevent commercially generated
hazardous waste from being falsely presented as household hazardous waste to the
Household Hazardous Waste Program.
Once established, the CESQG Program may either be operated on specifically scheduled days
(schedule to be determined by County and Contractor), or' County and Contractor may choose
to accept CESQG Waste simultaneously with HHW during HHW collection times,
It is County's intention to have the CESQG Program provide low-cost hazardous waste
management services to Conditionally Exempt Small Quantity Generators of hazardous
wastes, Disposal costs for the CESQG Program shall be paid for by the generator of the
waste. A price list itemizing the cost of delivering different types of wastes to the CESQG
Prograrn shall be developed by Contractor and approved by County prior to the
implementation of the CESQG Program, Assuming that CESQG wastes are accepted by the
CESQG Program during the operational hours of the multi-day per week HIiW Program, and
assuming that the acceptance of the CESQG waste does not necessitate additional Contractor
employees beyond the Site Attendant, then the fees charged the CESQGs by Contractor for
the acceptance and disposal of CESQG wastes will be discounted based on the fact that
County, by paying for Site Attendant, is paying for the labor to manage the acceptance of the
CESQG wastes. If additional Contractor labor is needed to accept CESQG wastes, then
County will be billed for the additional labor at the rates identified in Appendix A.
When billing County for the charges associated with managing Household Hazardous Waste
($0,60 per pound as identified in Section 3, subsection b), Contractor will account for any
and all accepted CESQG wastes, and will not charge County for CESQG waste disposal.
As CESQG waste is delivered to and accepted by the CESQG Program, Contractor will
accept payment for disposal of CESQG wastes directly from generator at the time of receipt
of said wastes. Contractor shall be solely responsible for collection of payment for disposal
costs from the CESQG generator, though County will reasonably assist Contractor in pursuit
of payment when possible.
g) Waste Generated by Local Governments and Public School Systems within Orange County:
Divisions of Orange County Govermnent, other Local Governments within Orange County
(Towns of Carrboro, Chapel Hill, and Hillsborough), and the Public School Systems within
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Orange County (Chapel Hill Carrboro Public School System and the Orange County Public
School System) may work with Contractor Linder the teens and conditions of this Agreement
for the management of hazardous wastes.. If Cowrty acts as an intern~ediary between any
Local Government and / or Public School System and Contractor, this action shall not in any
way be deemed to cause County to take title to or become a generator of hazardous wastes
generated by these entities without express written approval of County, Hazardous wastes
that are generated by Local Governments and Public School Systems shall be manifested and
billed separately to the agency or organization requesting the hazardous waste management
service,
Whenever possible, hazardous wastes from these entities will be accepted under the CESQG
program described in subsection f above. Wastes from these entities maybe delivered by
said entities to Contractor by appointment at the County HHW facility provided that the
entity is a conditionally exempt small quantity generator as defined under 40 CFR 261,.5. If
wastes are brought to County's HHW facility by Local Governments and / or Public School
Systems, it will be the sole responsibility of the generator to ensure that wastes will be
transported in a legal and safe manner. As an alternative to having the generator deliver the
waste to the County's facility, with Contractor's approval, wastes may be picked up by
Contractor at the generator's location(s). If wastes are collected by Contractor at a location
other than County's HHW facility, Contractor may charge the generator for collection.
h) Unacceptable and Nonconfonnine Wastes: Unacceptable wastes shall be governed by the
teens and conditions of the facility permit as issued by the State of North Carolina. The
Orange County Permanent HHW Facility shall not accept or store Polychlorinated biphenyls
(PCB) wastes as defined in 40 CFR 761, with the exception of Fluorescent light ballasts and
PCB household waste as defined in 40 CFR 761.63. Other wastes that maybe considered
unacceptable include radioactive wastes, infectious waste, explosive materials, and friable
asbestos. Whenever wastes are rejected, the pazticipant presenting the rejected waste will be
given a Waste Rejection Notice showing the reasons for non-acceptance and will be provided
a list of resources to contact for further information concerning options for and assistance
with proper disposal.
Waste accepted at County's IIIIW facility shall be considered nonconforming if it fails to
meet the waste description applicable thereto in any material respect. In the event the waste
is discovered to be nonconforming at any time within thirty (30) days of the time said waste
was accepted by the Contractor, the Contractor may revolve its acceptance of the waste. The
revocation of acceptance shall be effective immediately upon receipt of written notice to the
County or its agents, if any such agent has been duly authorized by the County in writing.
The County shall have seven (7) days to direct an alternative lawful manner of disposition of
the nonconforming waste, unless it is necessary by reason of applicable federal, state, or local
laws, regulations, orders, pernits, ordinances or requirements (collectively law) or by reason
of the Contractor facility permit or operating procedure to move the nonconforming waste in
less than seven days. If the County does not direct an alternative lawful mariner of
disposition within said seven days or; if required, within a shorter period, the Contractor shall
return the nonconforming waste to the County. The County shall pay the Contractor its
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reasonable expenses and charges for handling, loading, preparing, transporting, storing and
caring for nonconforming waste. If the waste is discovered to be nonconforming, the
Contractor shall be responsible only for its employees', agents' subcontractors', or invitees'
negligent acts or omissions with respect to such waste or failure to perform in accordance
with this Agreement
i) County's HHW Facility, and Storage of Waste in Said Facility: Contractor may store wastes
accepted while providing services in this Agreement in County's permitted HHW facility
located at the Orange County Landfill, 1514 Eubanks Road, Chapel Hill, NC 27516,
Contractor shall be responsible for all wastes stored within said facility. Storage time and
restrictions shall be determined bylaw, applicable permits and / or licenses, safety
considerations, and space demands and expense to the County, The Contractor will develop
a collection schedule mutually agreeable to the County.. Contractor shall remove waste from
said facility as permits, rules, regulations, and law require, and as proves to be efficient for
Contractor and cost effective for County, The Contractor shall pick up materials stored in
County's facility within seven (7) days of notification to do so by the County or its duly
authorized agent, if any. County, at its expense, shall maintain in good working order the
HHW facility structure (building), any County property within the facility, and the fre
suppression system associated with the HHW storage facility.
j) Transportation and Treatment /Disposition of Wastes: As needed, the Contractor shall
transport wastes off-site in vehicles permitted for such transportation, according to applicable
law. Contractor must provide for disposal of wastes through treatment, recycling and/or
incineration with landfilling at a State or Federally permitted hazardous waste disposal site
used as a last resort, Contractor shall advise the County as to the options available for the
disposition of the waste accepted at County's HHW program. To the extent allowed by law,
the County shall choose the method in which the waste shall be reused, recycled, or disposed.
County may request that Contractor periodically provide information that County can use to
review the methods Contractor uses to manage waste accepted at County's program, County
may also develop criteria for determining which wastes are set aside for reuse, recycling, or
management by County or other party of County's choosing, instead of by Contractor (see
Reuse and Other Diversion, Section 4, subsection e).
k) Manifests: Contractor shall provide to County a Manifest listing all wastes packaged for
disposal prior to the waste being transported from County's facility (or the site of a special
event). The Contractor shall fnalize and / or complete all Manifest and shipping papers upon
receipt of waste at Contractor's TSDF facility, and shall provide a completed copy of
Manifest to County for County records within fifteen (15) working days of the collection
event..
1) Reports and Records: Contractor shall submit monthly reports to the County along with
invoices for service. Invoices shall not be processed for pa}nnent without said accompanying
reports. These monthly reports shall be submitted on a standard form as agreed upon by
County and Contractor, and shall contain information on waste amounts, waste composition,
event/program participation, and itemized costs as designated by the County and the facility
17
permit. The data report shall include a summary of all wastes collected at that month's event,
including a material profile, waste stream identification, number of containers collected,
weight of container, container size, and container type, and report shall include a breakdown
of material accepted by weight by Department of Transportation (DOT) Hazard Class,
including the disposal method used to manage this material. The breakdown of waste by
weight by DOT Hazard Class must be usefiil in order to allow County to complete the
required State of North Cazolina Hazardous Waste Facility Armual Report. Contractor may
be asked to provide further assistance with completion of required State reports, and shall
respond within two weeks if so requested by County..
In addition to above, Contractor shall provide a Certificate of Disposal document attesting
that all Waste received from County's program has been properly disposed of This
Certificate of Disposal must list any applicable waste identification numbers (corresponding
with information listed on above mentioned waste Manifest), the date of disposal, the
location of ultimate disposal, and the disposal method. Certificates of Disposal must be
received by County at least every six (6) months. Said Certificate of Disposal is intended to
provide documentation in compliance with law attesting that the waste has been ultimately
disposed or pursuant to this Agreement.
Contractor shall maintain all records for a period of at least five (5) years, and allow the
County reasonable access thereto upon receipt of a written request from the County. For al]
work being performed under this Agreement, the County has the right to inspect, examine,
and make copies of any and all books, accounts, records and others writings relating to the
performance of the work, Audits shall take place at times and locations mutually agreed
upon by both parties, although the Contractor must make the materials to be audited available
within one (1) week ofthe County's request for them.
m) Training and Safety: The C.ontractor's employees or agents shall be trained in the
identification of hazardous and acutely hazardous wastes (as defined by Federal and / or
North Carolina laws or regulations).. Contractor shall be familiar with the facility
contingency plan and emergency procedures as iternized in the facility permit. Further,
Contractor's employees or agents shall be trained to understand and follow all applicable
rules and or regulations pertaining to receiving, handling, packaging, and shipping of
hazardous wastes and household hazardous wastes, as well as receiving training for any
equipment necessary to handle, containerize, label, load and transport such wastes from the
County's service area in a manner conforming to Federal and North Carolina laws and
regulations. Contractor's employees and agents shall be trained to make proper
determination of appropriate materials for reuse and recycling. Contractor certifies that it has
appropriate safety policies in effect, and that Contractor takes all reasonable and necessary
measures to protect Contractor's employees, prograni participants, and the citizens and
enviromnent of Orange County. Additionally, Contractor certifies that its employees are frilly
informed of said safety policies.
18
SECTION 5
Time and Performance: Contractor shall begin the services to be performed under this
Agreement upon Notice to Proceed from the County, and shall take any necessary actions to
assure readiness for, and successful completion of, the Household Hazardous Waste Collection
Progr'arn, the Conditionally Exempt Small Quantity Generator Program, and the provision of
services to Local Government entities and Public School Systems within or mostly within
Orange County.
SECTION 6
Termination: Either Contractor or the County may terminate this Agreement for convenience
and without cause, upon one hundred twenty (120) days' prior written notice to the other' party.
Such termination shall be without prejudice to any remedy Contractor or the County may have
pertaining to this Agreement. In the event of termination, any work in progress will continue to
completion unless specified otherwise in the notice of termination. The County shall pay for any
such work in progress that is completed by Contractor and accepted by the County,
SECTION 7
Excuse of Performance: The County's obligation to deliver and Contractor's obligation to accept
for disposal any waste pursuant to this Agreement maybe suspended by either party in the event
of any of the following events which prevent the delivery, transportation, acceptance, treatment,
incineration, or disposal of the Waste: act of God, war, riot, fire, explosion, accident, flood,
sabotage; compliance with governmental requests, laws, regulations, orders or actions;
revocation or modification of governmental permits or other required licenses or' approvals;
national defense requirements or any other event beyond the reasonable control of such party;
labor trouble, strike, lockout or injunction; provided, however, that the event is not due to acts or
omissions which are in the reasonable control ofthe party claiming an excuse ofperfonnance,
and further provided that neither party shall be required to settle a labor dispute against its own
best,judgment. The parties shall use their best efforts to perform this Agreement upon the
cessation of the event giving rise to the delay,
SECTION 8
Generator of and Title to Waste: The Contractor shall be deemed to be the "Generator" for
record keeping and paperwork purposes, of all household hazardous wastes accepted by the
Contractor during the Household Hazardous Waste Program from residents of the County's
service areas. The "Generator" of the Waste pursuant to applicable law shall be determined in
accordance with applicable law.
Title to all identified household hazardous wastes accepted by the Contractor while performing
household hazardous waste management services under this Agreement for transport, recycling
and disposal by the Contractor shall pass directly from program participants to the Contractor at
the time of Contractor's acceptance of said waste, except as explicitly stated herein, for example
19
those wastes directed to Reuse or Other Diversion programs (see Section 2, subsection d). Title
to all nonconforming waste not accepted at the site but subsequently accepted by the Contractor
for transport, recycling and disposal shall be deemed to pass directly from such residents to the
Contractor retroactive to the date received by the Contractor.
SECTION 9
Licenses: The Contractor certifies that, prior to performing each service pursuant to this
Agreement, it will have arty and all federal, North Carolina, and local licenses or permits
necessary to perform that service.
SECTION 10
Insurance: The Contractor shall procure and maintain, at its expense during the term of this
Agreement, at least the following insurance covering the services to be performed under this
Agreement:
a) Worker's Compensation -statutory
b) Employer's Liability - $1,OOQ000 per occurrence
c) General Liability (bodily injury and property damage) - $1,000,000 per occurrence,
$2,000,000 annual aggregate combined single limit
d) Automobile Liability - $1,000,000 per' occurrence combined single limit
e) Environmental Impairment Liability for sudden accidental occurrences - $1,000,000 per
claims made, $2,000,000 annual aggregate
f) Excess Liability Insurance - $8,000,000 per occurrence, $8,000,000 annual aggregate.
Excess Liability Insurance policy covers Employer's Liability, General Liability, and
Automobile Liability..
g) MCS90 Endorsement for hazardous materials transportation - $5,000,000.
At least ten (10) days before the first collection day, the Contractor shall provide the County with
a Certificate of Insurance showing coverages c, and d above, and naming the County as
certificate holder and additional insured. The Contractor shall also provide copies of Certificates
of Insurance demonstrating coverages e and f above.
Current, valid insurance policies meeting the above requirements shall be maintained for the
duration of the contract. Certificates of Insurance on an Accord 25S (7/90) or similar form
meeting required insurance provisions shall be forwarded to the County for Contractor and any
subcontractors. Renewal certificates shall be sent to the County fifteen (15) days prior to any
expiration date. There shall also be a thirty (30) day notification to the County prior to
cancellation or modification of any stipulated insurance coverage. Wording on the Certificate of
ZO
h~surance which states that no liability shall be imposed upon the Contractor for failure to
provide such notice is not acceptable. Original policies or certified copies of policies maybe
required by the County at any time,
It shall be the responsibility of the Contractor to insure that all subcontractors comply with the
same insurance requirements that the Contractor is required to meet.
SECTION 11
Warranty: The Contractor warrants that it understands the currently known hazards and
suspected hazards that are presented to persons, property, and the environment by the
transportation, treatment, and disposal of hazardous wastes, The Contractor further warrants that
it will perform all services under this Agreement in a safe, efficient, and lawful manner using
best industry-accepted practices, and in full compliance with all laws. The County warrants that
it is in compliance with all laws governing its activities under this Agreement, and that it is under
no legal restraint or order which would prohibit transfer of possession or title of collected wastes
to the Contractor or prohibit the servicing of such waste or the Contractor's performance of
services under this Agreement,
SECTION 12
Indemnification: 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, and property damage, including any environmental injury, 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 13
Independent Contractor: The Contractor is and shall perform all work and services described in
this Agreement as an independent contractor and not as an officer, agent, servant, or employee of
County. Contractor shall have and maintain exclusive conhol 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 constituted as creating a partnership or joint venture between
County and Contractor. No person performing any 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.
21
SECTION 14
Obligation of Fund: The parties to this Agreement recognize that the County has budgeted
certain specific moneys to support a household hazardous waste collection program, and has
allocated a specif c portion of these moneys as compensation under this Agreement, The parties
further recognize and agree that the County, by entering into this Agreement, has undertaken no
obligation to provide any fiords to the Contractor other than the specific allocation from the
current year's funds that the County has agreed to provide as compensation hereunder. The
parties also agree that, if for any reasons not anticipated by the County, funds intended to provide
payment for services hereunder cannot be made available, the County has the right to withdraw
from this Agreement upon sixty (60) days written notice to the Contractor; provided, however,
that any amounts owed to the Contractor by the County for work already performed under this
Agreement shall be paid by the County to the Contractor. County may give the Contractor a "not
to exceed" price for each fiscal period. In the event that the compensation due to the Contractor
from the County approximates the "not to exceed" price, the County shall have the option of
curtailing collection and disposal of wastes for the remainder of the fiscal year.
SECTION 15
Assignment: Tlvs Agreement is binding on the heirs, successors and assigns of the County and
the Contractor. This Agreement shall not be assigned by Contractor without the prior written
consent of the County..
SECTION 16
Irate air tion: This Agreement represents the entire and integrated agreerent between the County
and Contractor and supersedes all prior negotiations, representations or agreement, either written
or oral. This Agreement maybe amended only by written instrument signed by both the County
and the Contractor.
SECTION 17
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 18
Waiver: Any waiver of any breach of any provision of this Contract shall not constitute or
operate as a waiver of any breach of such provision of auy other provisions, nor shall any failure
to enforce any provision hereof operate as a waiver of such provision or of any other provision..
SECTION 19
Jurisdiction: This Agreement shall be deemed made in and governed by the laws of the State of
North Carolina. Jurisdiction for the resolution by court proceedings of any disputes arising out of
2z
this Agreement shall lie exclusively in the North Carolina General Court of Justice, with venue in
Orange County.
SECTION 20
Suspension Of Worlc: For any undisputed invoice outstanding for more than forty-five (45) days
from the date of the County's receipt of the invoice, the Contractor has the option to suspend all
Services specified under this Agreement until the account is brought current. Continued
performance and/or completion of Services by the Contractor under this Agreement is contingent
upon payment of undisputed invoices by the County in accordance with the Agreement.
SECTION 21
Notice: All approvals, authorizations and consents must be in writing or be confirmed by the
County and Contractor in writing to be effective pursuant to this Agreement. All notices,
demands and other communications required or permitted under this agreement (hereafter
"Notice") shall, unless otherwise specified, be in writing, sent by hand delivery, or by certified
first class mail, postage prepaid, with return receipt required, to the following person and
addresses:
As to the County:
Director
Orange County Depaztment of Solid Waste Management
PO Box 17177
Chapel Hi11, N, C. 27516
As to the Contractor:
Contract Administrator
ECOFLO, Inc.
2750 Patterson Street
Greensboro, N. C. 27407
or to such other person or address as the party to whom the Notice is sent shall designate in
writing in accordance with the provisions of this Paragraph.. Any such Notice sent by mail shall
be deemed effective when received.
2.3
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:
.Terry Forgey, VP Operations
ATTEST:
Donna S. Baker, Clerk to the Board
WITNESS:
signature
printed name and title
This instrument has been pre-audited in the manner required by the Local Govenunent Budget
and Fiscal Control Act.
Finance Director
24
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 instnrment 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 2003.
Notary Public
STATE OF
COUNTY OF
I,
My Commission expires:
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 off cial seal, this the day of
200:3.
Notary Public
My Commission expires:
2s
Appendix A
Pricing Sheet
Description Unit of Measure Price
Aerosols 55 Gallon 150..00
Paint in cans (latex and oil/alkyd mixed) Price per pound,
packed in cubic 0.35
Paint in cans (latex only) Price per pound,
packed in cubic 0.39
Paint in cans (ail /alkyd only) Price per pound,
packed in cubic 0.34
High BTU bulk liquids 55 gal 55.00
Low BTU bulk liquids 55 gal 75.00
Liquid Pesticide Loasepacks 55 gal 220.OQ
Solid Pesticide Loosepacks 55 gal 250.00
Non-oxidizing fertilizer 55 gal 250.00
Alkaline batteries 20 gal 60.00
Alkaline batteries 30 gal 60.00
Alkaline batteries 55 gal 9Q.QQ
Mixed dry-cell batteries 55 gal 150.00
Ni-cad batteries 5 gal 30.00
Lead acid batteries, car type Each No Charge
Lithium batteries Pound 3,.50 /pound
Alkaline solid (bulk container) 20 gal 80.00
Alkaline solid (bulk container) 55 gal 350.QQ
26
Description Unit of Measure Price
Flammable liquid Ioosepack 55 gal 150.00
Flammable liquid Ioosepack Cubic Yard Box 300.00
Alkaline liquid Ioosepack 55 gal 200.00
Bulk Alkaline Liquid 20 gal 80.,00
Bulk Alkaline Liquid 55 gal 170.00
Fluorescent light tubes (< 4' bulbs) Each 0,65
Fluorescent light tubes (> 4' bulbs) Each 0,90
Oxidizer Solid 30 gal 250.00
Oxidizer Solid 55 gal 350.00
Small Propane cylinders (1 pound or "camp-
size") Each 5.00
Propane cylinders (20 pound or standard gas
grill-size) Each 25,00
Refrigerant Cylinders Each 25,00
Fire Extinguishers (all except carbon
tetrachloride) Each 5.00
Air, COz, Nitrogen, Helium and Punctured
Cvlinders Each No charge
All Other Cylinders, as received Each Cost plus 15%
Acid Liquid Ioosepack 5 gal 25.00
Acid Liquid Ioosepack 30 gal 80.00
Acid Liquid Ioosepack 55 gal 200,00
Mercury debris 5 gal 300,00
Oxidizer Liquid 5 gal 90.00
Organic Peroxide Loosepack 5 gal 90.00
Organic Peroxide Loosepack 20 gal 200.00
Empty drums 55 qal 10.00
Televisions, Computer Monitors, and other
electronics containing Cathode Ray Tubes Each 6.50
Computer Processing Units (CPUs) Each No Charge
Computer Peripherals (keyboards, mice,
printers, scanners, external drives, and other
items intended to be attached to a CPU) Pound 0.05 /pound
27
Description Unit of Measure Price
Supplies
85-gallon overpack Each 150..00
55-gallon open-head drum Each 18..00
55-gallon closed-head drum Each 18..00
55-gallon fiber Each 14,00
30-gallon fiber Each 10,50
20-gallon fiber Each 8.50
5 gallon pail (metal) Each 6.00
5 gallon pail (plastic) Each 6,00
Cubic yard box (non-DOT) Each 25,00
Cubic Yard Box Liners (non-DOT) Each 5..00
Cubic yard box (DOT) Each 40A0
Cubic Yard Box Liners (DOT) Each 5..00
Fluorescent light tube box (< 4') Each No Charge
Fluorescent light tube box (> 4') Each No Charge
Absorbent Each 4.50
Vermiculite Each 11.00
4 ml drum liners Each No Charge
Plastic Sheeting (roll) Each 45.00
Reactive Bags Each No Charge
Zs
Description Unit of Measure Price
Supplies
Protective Gear (level I) Each No Charge
Protective Gear (level II) Each No Charge
Tents (@cost) Each 50,00
Labor
Supervisor (weekday) Hour 40.00
Supervisar (weekend) Hcur 45,00
Supervisor (holiday) Hour 55.00
Chemist (weekday) Hour 30.00
Chemist (weekend) Hour 35.00
Chemist (holiday) Hour 45.00
Technician (weekday) Hour 25.00
Technician (weekend) Hour 30.00
Technician (holiday) Hour 40..00
Transportation and Related Expenses
DOT waste hauling vehicle Each Event 550,00
Vehicles (vans, pick-ups) Each Event No Charge
Per Diem (if overnight stay is required) Each No Charge