S Solid Waste - Household Hazardous Waste Disposal Agreement

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0/ '~~ • • STATE OF NORTH CAROLINA ADDENDUM TO HOUSEHOLD HAZARDOUS THE COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT Addendum to that certain Agreement effective June 4, 2002, and then amended on July 1, 2005, 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 Quantity Generator Waste Collection and 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: Section 1 of the Agreement is amended as follows: The renewal term of the Agreement will be for two (2) years unless otherwise agreed by the parties; the period from July 1, 2007, through June 30, 2009 (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 Agreement. Assuming that neither County nor the Contractor desire to alter the material terms of the Agreement, and the continuation of this Agreement beyond the initial term is desired by both County and the Contractor, this Agreement may be extended for an additional renewal term of two years, or from July 1, 2009 through June 30, 2011. Terms contained herein that have no consequence on the overall outcome or cost of the Agreement maybe amended during the course of this initial or any subsequent renewal term through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement may be executed or a new contract maybe signed. Compensation and Payment: Section 3.b) of the Agreement is amended as follows: Disposal Supply, and Transportation: All disposal, supply, and transportation charges associated with management of Household Hazardous Waste and Conditionally Exempt Small Quantity Generator 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 and CESQG waste. The billed weight will be determined as the waste is received at Contractor's facility, and shall exclude the weight of materials diverted to Reuse and Other Diversionary programs (as described in Section 4, subsection e), shall exclude the weight of the drums, boxes, or other packaging material used by Contractor to hold the waste during storage and shipment of the waste, and shall whenever practical exclude the weight of containers used by citizens and businesses to deliver the HHW to the facility. Specifically, cardboard