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HomeMy WebLinkAboutAgenda - 09-05-2000-8l ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2000 Action Agenda Item No. ~-~ SUBJECT: A proval of Urban Curbside Recycling Agreement _ _ DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Proposed Agreement Blair Pollock 968-2800 ext. 161 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 9fi8-4501 Durham fi88-7331 Mebane 33fi-227-2031 PURPOSE: To consider approval of an agreement with Waste Industries, Inc. to continue the collection of recyclable materials on a weekly basis from residences in the Towns of Carrboro, Chapel Hill and Hillsborough during FY 2000-01. BACKGROUND: Since its inception in 1988, the curbside recycling program has been operated by private companies under contract to the Town of Chapel Hill and now the County of Orange. No efforts has ever been made to invest in the collection and processing equipment and staff needed to conduct this activity in-house. It is effectively carved out by private contract, and staff believes this could continue. The current contractor, Waste Industries, Inc., performs at or above a level of service acceptable in collection and marketing of the recyclables. FINANCIAL IMPACT: This agreement has a projected annual cost of $614,500 which includes weekly collection of recyclables from an average of 15,250 households and adjoining businesses throughout the three incorporated towns at a cost of $3.36 per household per month. Funds to pay for the service are budgeted and generated from the solid waste enterprise fund. The enterprise fund comes 90%+ from tipping fees, with other revenue from sale of recyclables, state .grants, tire tax reimbursement and other funds. RECOMMENDATION(S): The Manager recommends that the Board approve the agreement with Waste Industries, Inc. for collection of recyclables within the corporate limits of the three towns, subject to final review by staff and the County Attorney. State of North Carolina County of Orange CURBSIDE RECYCLING AGREEMENT between The County of Orange and Waste Industries, Inc. Agreement for Recycling Services This agreement, entered into this the day of 2000, by and between the County of Orange, North Carolina (hereinafter "County"), and Waste Industries, Inc. of Durham, North Cazalina (Contractor) for the provision of residential curbside recycling collection services to single family residents, and adjacent small businesses, schools, churches, and pedestrian recycling stations within residential areas, located within Town limits of Carrboro, Chapel Hill and Hillsborough, NC; and WHEREAS, Waste Industries desires to provide Recycling Collection Services as defined herein; NOW, THEREFORE, The County of Orange and Waste Industries do hereby agree as follows: SECTION 1 Definitions For purposes of this Agreement, the following terms shall apply: Recyclable Materials: (also to be known as "recyclables'~ All newspapers and their inserts, glossy magazines, phonebooks, glass bottles and, jars, aluminum beverage cans, steel food cans, plastic bottles #1 and #2, and other agreed on materials that are the subject of the County's recycling collection contract. Recycling Collection Services: Those services to be performed by Contractor as follows: (a) the collection of Recyclable Materials from residential areas specifically designated by the parties; (b) processing of Recyclable Materials which include the sorting and prepazation of Recyclable Materials far marketing at the Processing Center; (c) marketing of the Recyclable Materials; and (d) keeping accurate and thorough records of the amount of materials and number of households collected weekly. County: "County" shall mean the County of Orange, NC who is the administrator of this recycling program managed by the Department of Solid Waste Management. Orange County: "Orange County" shall refer to the area within the geographic boundaries of Orange County, NC. Towns: Unless otherwise stated, "Yawns" shall mean the Towns of Carrboro, Chapel Hill, and Hillsborough, which are incorporated municipalities within or mostly within grange .County, NC. Successor: In the case of a transfer of landfill administration, the future government or organization that administers the Orange County Landfill. Recycling Containers: Recycling bins made of rigid plastic construction to be used by residents to set out their Recyclable Materials and provided by County or future landfill administrative government/organization. Residence: Asingle-family home or approved church, school, small business, institution, or small apartment complex within residential sectors of the Towns. The occupant of a Residence shall be referred to as a Resident. Segregated Materials: Recyclable Materials placed in or adjacent to Recycling Container. Set Out: A Set Out shall be defined as having occurred when one Residence places one or more Recycling Containers at the curb for collection. When counting set outs for measuring participation and productivity, Contractor shall count one set out for each residence participating in the program. This count will be based on the number of households or Residences participating, not on the number of Recycling Containers collected. Handicap /Disabled: shall refer to citizens of the Towns who, for the purposes of this agreement, will receive recycling service at their back door or some place other than curbside. County staff will make the determination as to which citizens are eligible for Handicap collection. Said determination will be based upon citizen need, as judged by County staff, and shall generally be based upon the citizen being eligible to receive an handicap parking permit from the NC Division of Motor Vehicles. Additionally, Handicap / Disabled services shall generally not be granted to Residences with able bodied adults in the household. SECTION 2 Term of Agreement The term of the contract will be for one year unless otherwise agreed by the parties; the period from July 1, 2000, through June 30, 2001 assuming that funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this contract. This service may be extended and/or expanded annually for a period up to two (2) years assuming that the project is successful, County recommends continuing the program and approves funding for each annual term of the contract through their approval of the overa111andfi1l and recycling budget. After two (2) years, contract extension may be negotiated yearly. Certain terms of this contract may be subject to change annually pending notice to the contractor and successful negotiation between the Contractor and County. SECTION 3 Costs of Service The cost of service for July 1, 2000-June 30, 2001 shall be $3.36 per household. Performance Sharing may decrease this cost (see Section 4). The cost of providing curbside recycling service to small businesses, churches, and other institutions that are adjacent to a curbside recycling route will be determined as follows: the cost will be equal to the cost of providing service to a household multiplied by the number of bins assigned to the small business, church, oz institution. For example, during Fiscal Year 2000-2001, 4 to service a preschool which is assigned three curbside recycling bins and located in a residential azea within one of the Towns, County will be billed at the rate of 3 x $3.36 per month ar $10.08 per month. The cost of providing curbside recycling service to pedestrian recycling stations that are nearby ar adjacent to a curbside recycling route will be determined as follows: the cost will be equal to five (5) times the cost of providing service to a household. For example, during Fiscal Year 2000-2001 for Contractor to service a pedestrian recycling station located at Carrbaro Town Hall, County will be billed at the rate of 5 x $3.36 per month or $16.80 per month. If County and Contractor choose to extend this contract far additional years, actual costs for future years are to be negotiated annually. The formula for negotiating future costs is to be as follows: Cost of collection per household in 2001-2002 within the Town limits of Carrboro, Hillsborough and Chapel Hill shall not exceed $3.36 per household plus the increased cost factor provided from the Bureau of Labor Statistics Consumer Price Index for Transportation for the South Urban region as measured in Mazch 2001 and compared to Mazch 2000. This cost shall be reduced $0.06 per home for each increment of 5 homes per hour collection efficiency over 50 stops per hour. Cost per household for 2002-2003 shall be allowed to increase above the 2001-2002 price by an amount equal to the Bureau of Labor Statistics Consumer Price Index for Transportation for the South Urban region as measured in March 2002 and compazed to March 2001. This cost shall be reduced $0.06 per home for each increment of 5 homes per hour collection efficiency over 50 stops per hour. The contract may also be expanded or reduced at the option of County to include additional or fewer residential homes and adjacent small businesses, schools, institutions, churches, and pedestrian recycling stations. If legislation or ordinances are passed which significantly impact the participation in this program, the cost of service for this program may be renegotiated between the Contractor and County. SECTION 4 Performance Sharins Performance Sharing will be based an measured improvements in operational productivity. Any increase in productivity will be measured against a base of 50 homes per hour collected. This measurement shall be based on the actual bin set out rate. If an increase in productivity is measured, for each five homes per hour improvement above the base of 50, Contractor will reduce the cost of the monthly invoice by $0.06 per resident. The homes per hour calculation will be based on the total Set. Outs per month divided by the total truck hours required to for the curbside collection vehicles to collect, transport, and unload the recyclable materials. This calculation will be made on a monthly basis from daily reports of total set outs and truck hours. This data will originate from Contractor's daily truck information accumulated each month. Contractor shall furnish tl~e information needed to make such a calculation, and Contractor will make this calculation. Contractor will include both the data used to make said calculation and the result of said calculation with the required monthly report. In the event that an improvement in productivity is determined to have taken place during any month, the cost of collection shall be reduced by $0.06 per household billed. This reduction in collection cost per household shall be in effect for the month in which the increase in productivity was measured and for all months that follow throughout the remainder of the contract. 3 SECTION 5 Scope of Services Contractor shall perform Recycling Collection Services in the Towns as follows: Contractor shall collect and remove for mazketing or reuse all Recyclable Materials which aze "segregated" and placed in or adjacent to approved Recycling Containers at the curb or other agreed upon location in the case of Handicap /Disabled collection. Routes will be run on a once per week collection schedule. The Recycling Collection Services performed may be expanded as the budget and other constraints permit. Contractor shall assist in collection effectiveness by ensuring that any materials spilled in the process of recycling collections or any overflowing recylables are collected and placed in the truck. Collectors shall cazry a broom and dustpan to sweep up any broken glass ar litter that occurs in the process of recycling. Collection personnel shall also pick up any recyclables under or immediately next to the recycling contauiers, when recyclables aze properly contained. Where there are improperly prepared recyclables, unacceptable materials placed in the bins, or recyclable mazerials placed in an unapproved container, Contractor shall leave form notices for the resident explaining the problem. Said notice form must be approved by County. SECTION 6 Coun 's Re resentative The County's Representative, for purposes of this Agreement, shall be: Blair L. Pollock Solid Waste Management Orange County PO Box 17177 Chapel Hill, NC 27516-7177 Ph. (919) 968-2788 • SECTION 7 Waste Industries' Representative Waste Industries' representative for purposes of this Agreement shall be: Lee Bodenhamer III Branch Manager 148 Stone Park Court Durham, NC 27703 Ph. (919) 933-9388 6 SECTION 8 Fre uenc and Time of Collection Contractor shall pass each household once each week and collect materials set at the curb (or at other agreed upon location in the case of a Handicap /Disabled citizen). Collection shall take place no eazlier than 7:00 AM and no later than 7:00 PM. Holidays with no collection may be Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Yeaz's Day, Martin Luther King 1r. Holiday, Good Friday, and Memorial Day. In case of cancellation, Holiday week schedules may be shifted to have collections a day late following the holiday (i.e., if holiday falls on Thursday, Thursday's collection will be on Friday, Friday's collection will be on Saturday). No changes occur ifthe holiday falls on a weekend. Holiday collection schedules aze to be negotiated annually between Contractor and County. For Fiscal Yeaz 2000-2001: Contractor will not provide recycling service on Thanksgiving Day, Thursday November 23, 2000. Those recycling services regularly provided on Thursday will be provided on Friday November 24`x, and services regularly provided on Friday will be provided on Saturday November 25`". Contractor will not provide recycling service on Christmas Day, Monday December 25, 2000. Recycling is canceled for this day and there will be no make-up day scheduled. Contractor will not provide recycling service on New Years Day, Monday January 15`, 2001. Monday routes will be collected on Tuesday 1/2/01, Tuesday routes on Wednesday 1/3/01, Wednesday routes on Thursday 1/4/01, Thursday routes on Friday 1/5/01, and Friday on Saturday 1/6/01. This (above) is the holiday schedule for the entire Fiscal Year, other holidays not listed will not be observed during FY 2000-2001. On days where County offices are closed (due to Orange County Government holiday) and Contractor is providing recycling service, County may place the Contractor's office phone number (933-9388 or 596-13b3) on its automated telephone system. This will be done in order to allow the citizens of Orange County to contact Contractor directly about issues concerning recycling collection and service. Holiday schedules for future yeazs will be negotiated and determined by County and Contractor. - SECTION 9 Containers and Contents The title to the Recycling Containers is with County. Title to the recyclable materials within said containers is with Contractor once placed at the curb by the Resident.. Contractor may prosecute any person or persons found stealing or contaminating the contents of Recycling Containers. This prosecution will have full cooperation of County. 5 SECTION 10 Transportation of Recvclable Materials and Nan-recyclable Materials Contractor shall transport the collected Recyclable Materials to its Processing Site(s). Contractor shall take title to the Recyclable Materials upon placement in the Recycling Container by residents and shall be responsible for the sale of such recyclable materials and all of the proceeds of the sales. Recyclable Materials shall be property of Contractor. No uncontaminated recyclable materials collected in this program shall be landfilled. Landfilling or incinerating recyclables shall result in a penalty of $250 per incident of unauthorized disposal to a landfill or incinerator. County has arrangements with the Town of Chapel Hill to provide a loading dock and temporary storage at the Town of Chapel Hill Public Works Facility located at 1099 Airport Road. Contractor may, with explicit permission of County and the Town of Chapel Hill, make use of this facility in a manner cooperative with other users. Contractor, along with other site users, shall be responsible for keeping this area clean, safe and free of blowing trash or debris from its operation. No more than eight roll-off containers for the storage of recyclable materials belonging to Contractor shall accumulate at this site. If more than eight containers accumulate, County or the Town of Chapel Hill may remove the containers at the expense of Waste Industries after 24 hours written or faxed notice to Contractor. Contractor may be asked to occasionally provide County continuous access (defined below) to the roll-off containers used to collect and temporarily store recyclable materials at the loading dock facility located at 1099 Airport Road. When and if deemed necessary County may use said roll-off containers to deposit recyclables collected by its commercial recycling program. Contractor shall take possession of and title to said materials at the time said materials are deposited into the roll-off containers by County. Contractor shall enjoy any revenue gained from the marketing of said materials. Continuous access to the roll-off containers shall be defined as the containers being placed in a position that allows County employees access to said containers from the elevated loading dock, enabling materials to be dumped into said roll-off containers from above. Contractor will cooperate with County and make sure that the needed roll-off containers are placed such a fashion as to allow County employees and County collection vehicles access to said containers from 7 AM until 5 PM daily. Contractor will keep these roll-off containers in such condition as to ensure that they have capacity to accept the materials generated by County. Contractor will be allowed two (2) hours to remove said containers for transporting the contents to market. If said roll-off containers are not in the specified positiomor do not have capacity to accept materials from County, then County may levy penalties equal to $2S per hour for each hour between 7 AM and 5 PM that the roll-off containers are either not in the specified position or do not have capacity to accept materials generated by County (two (2) hour grace period excepted). Any resultant penalties may be deducted from the cost of service for this contract for the month in which the event took place. County will document any event resulting in penalties being levied and will notify Contractor's representative by telephone at the time that fines begin accumulating. Failure to clean the temporary storage site within two (2) working days of written or faxed notification by County may result in County hiring a service to clean the area with the costs of the service to be deducted from the following month's invoice. Cost of cleaning service shall not exceed $250.00 without due notification of Contractor. Contractor will assist County with costs for any necessary repairs or improvements to the concrete pads and/or drainage systems that have been built at the temporary loading dock. Estimated costs 6 of specific repairs or improvements will be negotiated with County. Contractor's portion of the costs will not exceed $3,000.00 per fiscal year (regardless of the number of contracts between County and Contractor), and may be paid by reductions in monthly invoices from this contract. SECTION 11 Labor and Costs Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform curbside collection of Recyclable Materials pursuant to this Agreement. SECTION 12 Penalties For Missed Pick-Ups of Materials Collected in this Program Incase of a missed pick-up reported by County or a resident (late set-outs excluded), Contractor shall collect the Recyclable Materials from such point by 5:00 PM of the working day following written or faxed notification of said missed pick up if point was accessible and not blocked. All calls relating to missed pick-ups or other collection problems shall be logged by County recycling staff and will be available for review by Contractor. If containers which were recorded by County as riot collected by Contractor are not collected by 5:00 PM of the working day (including Monday through Friday, but not Saturdays, Sundays; or designated holidays) following written or faxed notification of Contractor by County, County may levy penalties equal to $25 per household per day not collected. To avoid the penalty, Contractor must provide legitimate explanation for non-collection before 5:00 PM of the day following the non-collection report if the container was unable to be collected for a certain reason. If County receives a report of five (5) or more missed collections in one area on a working day that is followed by anon-working day, Contractor will provide collection by 5:00 PM the following day, excluding holidays. Far example if County receives notification of 5 or more missed collections on one street, or in one neighborhood at 4:30 PM on a Friday and notifies Contractor of the reported misses by close of business an that Friday, Contractor will provide collection by 5:00 PM on Saturday (assuming that Saturday is not a recognized holiday). SECTION 13 Refusal to Pick Ua Contractor may choose not to pick up if Recyclable Materials are contaminated or improperly prepared (i.e., yogurt containers, newspapers to plastic bags, plastic bottles with lids). When and if Recyclable Materials are not collected, a notice must be left accurately describing why the bin contents were not collected. The form of said notice must be pre-approved by County. This notice must contain instructions describing how to properly prepare materials for recycling and how to contact County for further information about recycling programs. In a' situation where a street is inaccessible to the Contractor's collection vehicle due to a parked vehicle, utility work, construction work, or any other obstruction rendering a roadway completely or partially blocked, Contractor may attempt to service said street later that same day, either by sending the collection vehicle back, or by sending someone with a smaller vehicle to collect the materials. If Contractor cannot provide service on the scheduled day, Contractor will report non-collection to County on the day that service is scheduled to be provided. County prefers to be notified at the time that the inaccessibility is discovered. Knowledge of inaccessibility is important to County and is useful when dealing with the residents of these azeas as they call to report missed collections. if Contractor cannot notify County at the time that inaccessibility is discovered, Contractor must notify County (either by telephone, fax, or in person) before 4:30 PM of that day, if Contractor fails to notify County of azeas that aze not able to be collected due to inaccessibility by 4:30 PM of the day the azea is scheduled to be serviced, County may levy penalties equal to $25 per household not collected. Any resultant penalties may be deducted from the cast of service for the month in which the failure to notify took place. When County receives a report of a missed collection from a resident of an azea that was not serviced due to inaccessibility, County will instruct the resident to leave their recyclable materials at the curbside and to expect collection either later during their scheduled service day or no later than 5:00 PM of the next working day (assuming that the roadway is no longer inaccessible). Contractor will provide collection of an area not serviced due to inaccessibility by 5:00 PM of the. next working day. In the case of ongoing construction or blockage, recycling collection may. be cancelled, and in this case residents will be notified by County that curbside recycling must be suspended until construction is complete or the cause of the inaccessibility is removed. SECTION 14 Processing Center Contractor may maintain a Processing Center at its facilities located in the City of Durham, the City of Raleigh or at other locations. All Recyclable Materials collected from residents may be processed at the Processing Center. Title to Recyclable Materials brought to the Processing Center shall be with Contractor and they shall have the responsibility for the sale of such Recyclable Materials. Storage of Recyclable Materials at the Processing Center shall be limited to that which can be properly contemned pursuant to permits issued by the responsible jurisdiction. Contractor shall notify County Representatives, in writing, not less than thirty (30) days prior to any relocation of the Processing ar Drop-Off Center. If County elects to build its own recycling processing center during the term of this contract, or to divert the_ materials collected under this contract to any other existing facility, the materials collected in this program may be directed to that processing center and become property of County at County's discretion. Any changes in net revenue to the Contractor as a result of this change in destination and ownership of recyclable materials, or as a result of the need for the Contractor to make equipment modifications, shall be negotiated between the Contractor and County. ~o SECTION 15 Public Awareness Program County shall develop and implement a Curbside Recycling Public Awareness Program. Contractor agrees to materially assist County with publicity efforts by ensuring that Contractor's employees involved in this program are fully informed about the materials collected in the program, and how said materials are to be prepared. Drivers and collectors are to understand, at least in a generic manner, how materials are processed. Contractor's collection crews shall maintain a supply of recycling brochures furnished by the County for residents. Contractor may distribute County provided brochures as needed by individual residents. At no time shall Contractor distribute, to any residence or member of the public in Orange County, any public education material related to the services provided under this agreement which are not authorized by County. Any materials which Contractor desires to distribute to residents of Orange County shall first be submitted to County for review and approval, and such approval may not be unreasonably withheld by County. Contractor representatives may distribute material unrelated to this program to participants in the program at times other than during operation of the program; however, County must be informed in advance of such distribution and its contents. County shall conduct public awareness programs and residential education programs to assure proper separation of materials into the recycling containers and to encourage the public to remove lids from all containers and flatten plastic soda bottles, milk jugs, and aluminum and steel cans before depositing in their recycling containers. SECTION 16 Compensation for Services County agrees to make monthly payments to Contractor within thirty (30) days of receipt by County of an accurate invoice and collection data from July 1, 2000 through June 30, 2001 at the rates agreed on in Section 3 of this agreement. If there are questions regarding the invoice or collection data, payrn~nt shall be guaranteed within thirty (30) days of satisfactory resolution of the questions an the invoice or collection data. If Contractor should fail to provide requested and necessary corollary services required as part of this'contract, payment on up to two months' invoices may be withheld until such services are provided. Corollary services include: Repairs or replacement of County and or Towns' property, or private property due to damage caused by Contractor as part of the recycling operation. Any repairs or replacement must be complete within thirty,(30) days of damage. Removal, within 24 hours of written of faxed notification, of improperly placed roll-off containers when requested from the temporary storage areas on County or Town of Chapel Hill property. In the event of severe weather or other event which necessitates the temporary cancellation of 11 recycling services County may negotiate with Contractor and receive a reduction in cast of services for services which were not rendered. In general, if services are temporarily canceled at County's request, County will pay in full for services which aze not performed, and in such case County may request that Contractor provide said services on a make-up day at no further cost to County. If Contractor is unable to provide service due to severe weather or other event, County may negotiate with Contractor and receive reduction in the cost of services, to be deducted from the bill for the period during which services were not provided, or from a bill for any service period following that service period. Any reduction in the costs of services shall be based upon the pro-rata share of services not rendered minus Contractor's verifiable overhead expenses plus any verifiable increased expenses (i.e. overtime costs incurred by Contractor due to excessive amounts of recyclables having been held over during period of cancellation). SECTION 17 Protection of Re clable Materials County agrees to take such steps as may be reasonably necessary to protect Contractor's ownership of all Recyclable Materials placed at the recycling containers for collection by Contractor under the terms of this Agreement and shall consider adopting anti-scavenging ordinances, if necessary, to provide such protection. SECTION 18 Permits and Licenses Contractor, at its sole cost and expense, shall maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Contractor to perform the work and services described herein, including but not limited to the collection of Recyclable Materials and operation of the Processing Center. SECTION 19 Independent Contractor Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of County. Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be constructed as creating a partnership or joint venture between County and Contractor. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of County, and no such person shall be entitled to any benefits available or granted to employees of County. SECTION 20 Non-Assignment Neither Contractor nor County shall assign, transfer, convey, or otherwise hypothecate this Agreement or their rights, duties or obligations hereunder or any part thereof without the prior written consent of the other. ~n 12 SECTION 21 Com liance with Laws and Re ulations Contractor agrees that, in the operation of the Processing Center and the performance of work and services under this Agreement, Contractor will qualify under and comply with any and all Federal, State and local laws and regulations now in effect, or hereafter enacted during the term of this Agreement, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to safety or the work and services described herein. SECTION 22 afe Contractor certifies that it has appropriate safety policies in effect which take all reasonable and necessary measures to protect Contractor's employees and the citizens of Orange County. Additionally, Contractor certifies that its employees are fully informed of said safety policies. SECTION 23 Insurance Contractor shall obtain and maintain throughout the term of this Agreement, at Contractor' sale cost and expense, not less than the insurance coverage set forth below: a) Workers' Compensation Coverage A - Statutory Coverage B - $500,000 b) Comprehensive Automobile Liability Bodily Injury - $1,000,000 each person - $1,000,000 each accident Property Damage - $1,000,000 each accident to include .eQVerage for all owned, nan-owned, leased and hired automobiles. c) Bodily Injury - $1,000,000 each occurrence - $1,000,000 aggregate d) Property Damage -- - $1,000,000 each occurrence $1,000,000 aggregate The County of Orange is to be named as additional insured an the comprehensive general liability policy. Current valid insurance policies meeting the requirements herein identified shall be maintained for the duration of the named project. There shall also be a 30-day advance notification to County in event of cancellation of coverage or modification of any stipulated insurance coverage. Actual insurance policies or copies certified by an individual authorized by the insurance company 11 1~ meeting the required insurance provisions shall be forwarded to County. It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same insurance requirements as the general contractor. If the Contractor does not meet the insurance requirements, alternate insurance coverage satisfactory to County may be considered. SECTION 24 Indemnity Contractor agrees to defend, indemnify, and hold harmless County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent same are caused by the negligence or misconduct by County. County agrees, to the extent allowed by law, 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 25 Termination In the event Contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, County shall notify Contractor in writing of the nature of such default. Within fifteen (15) days following such notice: a) Contractor shall correct the default; or b) In the event of a default not capable of being corrected within fifteen (15) days, Contractor shall commence correcting the default within fifteen (1S) days of County's notification thereof, and thereafter correct the default with due diligence. If Contractor fails to correct the default as provided above, County, without further notice, shall have all of the following rights and remedies which County may exercise singly or in combination: a) The right to declare that this Agreement together with all rights granted Contractor hereunder are terminated, effective upon such date as County shall designate; b) The right to license others to perform the services otherwise to be performed by Contractor, or to perform such services itself; and c) In the event of a default not capable of being corrected because of damage to the Processing Center, due to force majeure, County may_ provide Contractor with a suitable temporary location for conducting processing and drop-ofd services. The following may be considered causes for possible termination of the contract: a) The death or injury requiring hospitalization of an individual, other than employees of the Contractor, caused by the Contractor in carrying out this recycling contract where the Contractor is at fault. 12 b) More than one incidence of greater than $20,000 property damage to property by the Contractor while performing the recycling contract where the Contractor is at fault. c) Continued high level of unsatisfactorily resolved substantive customer complaints about recycling collection after the first three months of the contract start. As determined by County, a high level of unsatisfactorily resolved complaints shall be greater than twelve (12) complaints a month far three consecutive months and shall not include complaints about missed pickups where County or Contractor can demonstrate that either: the recycling bin was set-out late, the site was inaccessible at the time of scheduled collection, or that the problem was resolved by 5 PM of the working day fallowing receipt of the complaint. SECTION 26 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 Solid Waste Management Attn: Mr. Blair Pollock PO Box 17177 Chapel Hill NC 27516-7177 To: Waste Industries Attn: Mr. Lee Bodenhammer III 148 Stone Park Court Durham, NC 27703 SECTION 27 Records and Resorts Contractor shall maintain its books and records related to the performance of this Agreement in accordance with the following minimum requirements: Contractor shall maintain its books and records related to the performance of this Agreement in accordance with the following minimum requirements: a) Contractor shall maintain any and all ledgers, books of account, invoices, vouchers and canceled checks, as well as all other records or documents evidencing or relating to charges for services, expenditures or disbursements borne by the County for a minimum penod of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. b) Contractor shall maintain all documents and retards which demonstrate performance under this Agreement far a minimum period of three (3) years, or for any longer penod required by law, from the date of termination or completion of this Agreement. c) Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time, during regular business hours, upon written ~~ zs request by a County Representative at Contractor's address indicated for receipt of notices in this Agreement. d) Contractor shall provide monthly project reports to County during the contract period, to be due on or by the 14`~ day of the month following the month for which the report is being made. Invoices will not be paid without submittal of accurate and complete reports. At a minimum, the reports shall include: I. Summaries of the tonnages of all materials recovered by material type from this program only; II. Resident participation rates in terms of weekly household set-out counts. The counts shall be broken down by the three Towns; III. Summaries of the total truck hours required to for the curbside collection vehicles to collect, transport, and unload the recyclable materials; IV. Monthly productivity calculation shown in units of homes collected per truck hour (as defined in Section 4, Performance Sharing); and V. Description of program progress, including any collection complaints or other problems encountered and how they were resolved. e) Contractor shall provide an annual costs and revenues report. At a minimum the report shall include: I. A summary of operation and maintenance costs of collection; II. Processing costs by material; III. Summarized revenue information from monthly reports; IV. A discussion of any public awareness activities and their impact on participation and recovered volumes; and V. A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and household participation. f) Contractor shall,_upon signature of this Agreement, provide a copy of its incentive plan to increase collector productivity so there is proof of the Contractor's intent to irnprave collection efficiency tv lower collection costs. SECTION 28 Farce Ma'eure Contractor's performance hereunder may be suspended and its obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond the reasonable control of Contractor unless such cause or causes are the sole result of action or nonaction by Contractor. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage; lack of adequate fuel, power or raw materials, judicial administrative or governmental laws, regulations, requirements, rules, orders or actions; 74 16 injunctions or restraining orders; the failure of any governmental body to issue or grant, or the suspension or revocation or modification of any license, permit or other authorization necessary for the construction and/or operation envisioned by this Agreement; national defense requirements; labor strikes, lockout or injunction. SECTION 29 Waiver A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. SECTION 30 Law to Govern This Agreement is entered into and is to be performed in the State of North Cazolina. 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 31 Titles of Sections Section headings inserted herein are for convenience only, and aze not intended to be used as aids to interpretation and aze not binding on the parties. SECTION 32 Amendment This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives. All amendments will become part of the ongoing base contract in future years. SECTION 33 Cooperation A-mvn~ the Parties Whenever consent, action or inaction is required, such consent, action or inaction will not. be unreasonably withheld by either party. 15 17 SECTION 34 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. SECTION 35 Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors and assigns. 16 1$ IN WITNESS WHEREOF, the parties hereto have set their hands as of this 1999. APPROVED AS TO FORM: Town of Chapel Hill, a Municipal Corporation Solid Waste Management Director day of By: Title: Town Manager Address: Seal Town Clerk Waste Industries Raleigh, North Carolina. By: Title: Address: Witnesseth Attest (Seal) By: Date: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director ~~ 19 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 ATTEST: Beverly A. Blythe, Clerk to the Board CONTRACTOR: WITNESS: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director za STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Beverly A. Blythe personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Carey Jr., Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2000. 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 2000. Notary Public My Commission expires: