HomeMy WebLinkAboutAgenda - 05-08-2002 - 8k t
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 8, 2002
Action A9en^d�'
Item No. �-K
SUBJECT: Contract Renewal with Triangle J Council of Governments for Household
Hazardous Waste Support Services
DEPARTMENT: Solid Waste Management PUBLIC HEARING: (YIN) N No
ATTACHMENT(S): INFORMATION CONTACT:
Gayle Wilson, Solid Waste
Copy of Contract Management Director 968-2885
Robert Taylor, Recycling Programs
and Services,988-2788
TELEPHONE NUMBERS:
Hillsborough 7324181
Chapel Hill 9681501
Durham 688-7331
Mebane 336-2274031
PURPOSE: To renew an existing contract with Triangle J Council of Govemmants (TJCOG)
through June 30, 2003 for the provision of household hazardous waste (HHW)support services.
BACKGROUND: This contract is for ancillary and support services associated with the
household hazardous waste program. TJCOG has provided the services within this contract to
Me Department of Solid Waste since 1994. Each of the four Triangle-area County HHW
j programs contract separately and individually with TJCOG for these services.which include the
following:
• operation of the Triangle region HHW telephone hotline(267-8051 or 942-8158);
• television, radio, and print advertising/promotion of the regional HHW programs:
• production and printing of program materials such as brochures, magnets, and other
educational and promotional materials;
other associated services such as program research.
The economy of scale provided through the four HHW programs contracting with TJCOG for
support services allows each of these programs to maximize its advertising buying pourer, and
allows Orange County to make best use of the money it spends promoting the HHW program.
There are no changes in the proposed contract from the existing agreement, except for the
dates.
FINANCIAL IMPACT: Funds for these services have bean included in the proposed 2002-
2003 Solid Waste budget. The projected cost of services to be performed under this contract is
approximately$7,500.
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RECOMMENDATION(S); The Manager recommends that the Board approve the contract with
Trlangle J Council of Governments and authorize the Chair to sign the contract subject to final
review by Staff and the County Attomey.
State of North Carolina Agreeme rfor
The County of Orange Recycling Services
AGREEMENT
between
Triangle J Council of Governments
and
The County of Orange
for
Household Hazardous Waste Support Services
Care AGREEMENT is caused into this the 8th day of May 2002,by and between The County of
Orange,Noun Carolina on behalf of its Solid Waste Department(hereinafter"County')end
Triangle J Council of Governments(hcrewefter"ContraMi)for provision of support and
corollary services for the Household Harsrdous Waste program.
SECTION 1
Term of Anreemmf
The term ofer s AGREEMEbI'f shell be for one(I)year;from July 1,2002 hough June 00,
2003 TermsCOVtainM hereNI118111BV¢n0 CNIS¢ga¢nC¢o¢the ovcmll outcome Orelof the
comsatmaybeamend edthroughnegotiahoubet mthe Cotar rstd Cmmty. Ifeu stanlive
changes to terms me desired,an emendnaevt to tills AGRalomi NT may be executed or a new
contract may he sued. This contract may also be expanded al the option of County and with the
agreement ofCommersr to include sci itioml sorviees
SECTION 2
Scone of Se"kas
Contractor shall provide SUPPQA and curodary services to County's JJwsehold Hanarelous Waste
Program as finance
I Contractor will work cooperatively with County and other participating local governments to
place a minimum of $1,745 of print advertisements for the household haaardous waste
program in newspapers and periodicals which ere distributed in Orange County,
2. Contractor will work cooperatively witb County and other participating local governments to
place a mutimmw of$7,800 of broadcast media advetrmenteats (radio and television) for the
lmusehold hazardous waste program that will be distributed to J have a target audience which
includes the residents of Change County
3. Contractor will either itself or through the use of subcontracmrs, provide County with
$1,000 worth of print brochures and other promotional material to be used by County In
promote, educate, and or otherwise inform the ensure about the household hszarderas waste
Program,
4. Contractor will either i oolf 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.
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5. Contractor will maintain the regional household hazardous waste telephone line that can be
cssedby Oreuge Comtyandotbm'Itlangler idmts. TNstclephonc fine shallprovide at
um the location and operational hours for me Orunge County Household Hazardous
Waite Facility,as well as tapering callus Out they can call the Crange 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 dcsmibed in
Section 2 paragraphs 1-5 may be redirected to provide other services for the household
harmdout waste program if agreed to by County, Commit oval other pa ticipsimS local
goverramats.
SECTION 3
Cost of Services
Cast to the County for the above itemized services(see Section 2, Scope of Services)shall be
57,500.00. This amount shall be payable upon approval of this AGREEMENT by County and
Contractor. This amount may be rced by an amount equal to credit for services unperformed
during earlier years of ooeperafim beaveen County arm Comment. Coen to County dull not
exceed.$7,500 without approval mW agreement of County.
SECTION 6
Laborand Crete
Contractor shall,at its sole amid and Qapvwa5 except as otherwise provided herein,famish all labor
and Nuipmml requited to perform services putanant to this Agreement
SECTION
Independent Cominuctur
Contractor shall Perform all work and services described herein as aniMcpeMen[ranwctor and
not an ofticar,agent,secvmt or employee of County. No pereevperficmurg any lathe workar
cos had he such poison shall ee considered y officer,agent ale orSor employee lathe
Clearly,cou and ra suchpereonshallbe untitled m avybmcfm available ar gmled N ernployees o[
me County.
SECTION
indm9Y ,
Connector agrees to defend,hadmmify,and hold harmless County hem all fast,liability,claims or
expense(ircludim reasonable ahme"'fees)arising Emir bodily,injury,including death and
rummy pan bb damage,including my l�misconduct ofConamet cc person
r to permits cotem onto saw caused
P Y uormieerwr P
extent ofmsurmcer Iiciusoned by Comply,Cto de£end�dlmmmil atent allowed
held hormlessa Coniactere
dmn all lass,liability,claims or cxpeam,ildine death or proper damage,to any person or
persona caused in whole Or in pan by the mghpewe Or willful musernmet of the County except m
dre extent sonic arc caused by the negligence or misconduct by Contractor.
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SECTION
Termination
The perfarmance of work under this AGREEMENT may be terminated by County in whole or in
Pact whenever beauty dewmines that termination is an County's beat interest Any such
termination died be effected by the dchvm to Contactor written notice to dim extent. Written
reatiae shall be delivered an Contractor at kart thirty(30)days before the dale oftermimtiou. Said
wale shall specify the exfmt t wlvN perfoamsawe ofamices order tis agreemetrt me
terminated and the date upon which Stan termination becomes eRative.
Aber receipt of a more of termination from County, except as otherwise directed,the Contractor
shall stop work an for date of receipt of notice of introduction or other date specified in the
notice;place m further orders or subcontracts for materials,smites,or facilities except as
necessary for completion of such portion of We work not nominated;terminate all vendors and
subcontractors;rrnmvc all supplies and almipment; and settle all outstanding liabilities bead
claims.
The performance ofwork under this AGRIEIMENT maybe temlivatr dby Cmmucmr in whole or
in part whoever Convector deterrents;that termination ism Cwtracmr's best interest. Any such
tnurioaron shall be effectei byft deliverym Cowry written notice to this extent. Wrimenoofice
sb lbedeliveredto ComtyatleaAthuty(30)daysbe&mre edateufto inadon. Saidmtice
shad tee upon w IXtentto whichperforeco eofserrv'ices under Ibis agrrementare ta'vwtaid and
Ilia Jute upon which such etmination booms elTective
Connector elrall be relrcbursed by County far wade done prior tntemdnetion.
SECTION
Notice
All ounces required or contemplated by this AGREEMENT shall be personally saved or mails],
postage prepaid and return coolant requested to the parties as follows:
To: Orange Comfy
Department of Solid Waster Namgement
Atm:Mr,Blair Pollack
PO Box 19177
Chpel Bill,NC 27516-9179
To: Triangle I Cowed of ciuvemmmts
Arm:Ms.Judy Kincaid
PO Box 12276
Research Triangle Pack,NC 27709
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SECTFON9
\yalver
Failtve of either party to enforce,at any time,my of previsions of this AGREEN➢ENf,or to
request at my fire performance by the other party of my pmvivona berelf,shell in m way be
tined to be o waiver of such provisions,norm my way affect the validity oflhis
AGREEV Or my pm thereof,or the right of either party to amerce each and every,prvision.
SECTION IO
Eaw to Govern
This AGREE[NENTUmteredintoand tobeperfarmed con StateofNort Carolim County
anal Conterem more,that the law of the State of Narita Carolina mall govern the rights,obligations,
duties,and liabilities of the parties be this AGREEMENT and shall govem the werpretati pores
AGREEMENT.
SEMON II
Titles of Sectiam
Section headings imened heave am for caveriace only,and arc not mtendecolro be uses as aids r
interpretation and are not binding on the parties.
SEMON 12
Coovgte nAmm2 be Parties
Whenever consent,action or unction is required,such consent,seem or raarum win net be
unreasonably withheld by either parry.
SECTION 13 .
Severnnmty
The invalidity of one or more othe phrases, satmcm clmsw or Somers contained in Ibis
AGREEMENT shall not affect the validity or the remanding portico of the AGREEMENT so
long m the materiel pmpoees of this AGREEMENT can be determined and effectuated.
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W TESTIMONY WHEREOF,the parties have herembm act thew hands and seals the day and
yew Cos[above wnttm.
COUNTY. AT]EST:
BY
Barry Jacchs,Chair Beverly A.Blythe. Clerk to the Board
CONTRACTOR WITNESS'.
Dee A.Fstman,Executive Director
'Phis instrument is been pre-audited in the member rtyuired by the L l Government Budget
and Fiscal Coeval Act.
Fmm Director
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STATE OF NORTH CAROLINA
ORANGE MONTY
E a Notary Pubho for said County and State,do hereby
certify that Beverly A.Blylhe personally appeared bef me this date and acknowledged that
she is the Clerk to the Hoard ofCmnmissimsers ofOrsnge County,and that by authority dWy
given and w the act of Orange County,the foregoing imuWnent was signed in its name by Barry
lambs,Clamp sealed with iN official seal,and attestW by herself as its Clerk.
W SSmyhmdmdoffidalseal,this Ne daycf 2002.
Notary Public
My Commission rxpims:
STATE OF
CO=Y OF
a Notary Public,do bercby certify tha
personally appeared befom me this day eW acknowledged
the due execution of the r regomg Agreement
WITNESS my band and official seal,this the day of 2001.
Notary PobEc
My Commission expires:
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