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Agenda - 03-17-2009 - 4g
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Agenda - 03-17-2009 - 4g
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Last modified
3/22/2016 2:41:17 PM
Creation date
3/16/2009 11:25:07 AM
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BOCC
Date
3/17/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4g
Document Relationships
2009-013 Solid Waste - Waste Industries LLC of Durham- Addendum to Agreement dated 10-1-2005 for Urban Curbside Recyclable Materials Collection Services
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Minutes - 20090317
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
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22 <br /> If Contractor should fail to provide requested and necessary corollary services required as part of <br /> this Contract, payment on up to two months' invoices may be withheld until such services are <br /> provided. Corollary services include repairs or replacement of County and or Towns' property, or <br /> private property due to damage caused by Contractor as part of the recycling operation. Any repairs <br /> or replacement must be complete within thirty(30)days of damage. <br /> In the event of severe weather or other event that necessitates the temporary cancellation of <br /> recycling services, County may negotiate with Contractor and receive a reduction in cost of services <br /> for services that were not rendered. In general, if services are temporarily canceled at County's <br /> request, County will pay in full for services which are not performed (except as otherwise noted <br /> within this Contract), and in such case County may request that Contractor provide said services on <br /> a make-up day at no further cost to County. If Contractor is unable to provide service due to severe <br /> weather or other event, County may negotiate with Contractor and receive reduction in the cost of <br /> services,to be deducted from the invoice for the period during which services were not provided,or <br /> from an invoice for any service period following that service period. Any reduction in the costs of <br /> services shall be based upon the pro-rata share of services not rendered minus Contractor's <br /> verifiable overhead expenses plus any verifiable increased expenses (i.e. overtime costs incurred by <br /> Contractor due to excessive amounts of recyclable materials having been held over during period of <br /> cancellation). <br /> SECTION 17 <br /> Protection of Recyclable Materials <br /> County agrees to take such steps as may be reasonably necessary to protect Contractor's ownership <br /> of all Recyclable Materials placed in the recycling containers for collection by Contractor under the <br /> terms of this Contract and may consider adopting anti-scavenging ordinances, if necessary, to <br /> provide such protection. <br /> SECTION 18 <br /> Permits and Licenses <br /> Contractor, at its sole cost and expense, shall maintain throughout the term of this Contract all <br /> permits, licenses and approvals necessary or required for Contractor to perform the work and <br /> services described herein, including but not limited to the collection of Recyclable Materials and <br /> operation of the Processing Center. <br /> SECTION 19 <br /> Independent Contractor <br /> Contractor shall perform all work and services described herein as an independent contractor and <br /> not as an officer, agent, servant or employee of County. Contractor shall have exclusive control of <br /> and the exclusive right to control the details of the services and work performed hereunder and all <br /> persons performing the same and nothing herein shall be constructed as creating a partnership or <br /> joint venture between County and Contractor. No person employed by Contractor, either as its <br /> employee or its independent contractor,performing any of the work or services described hereunder <br /> shall be considered an officer, agent, servant or employee of County, and no such person shall be <br /> entitled to any benefits available or granted to employees of County. <br /> 14 <br />
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