2009-063 Solid Waste - ECOFLO, Inc. - Addendum to Household Hazardous Waste Disposal Agreement

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~~ STATE OF NORTH CAROLINA THE COUNTY OF ORANGE ADDENDUM TO HOUSEHOLD HAZARDOUS WASTE DISPOSAL AGREEMENT Addendum to that certain Agreement effective June 4, 2002, amended on July 1, 2005, and then amended on July 1, 2007, 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, 2009, through June 30, 2011 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. Terms contained herein that have no consequence on the overall outcome or cost of the Agreement may be 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 may be 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 boxes, newspaper, bags and other materials used only to transport smaller containers of hazardous waste will not be weighed unless they are contaminated to the extent that they require treatment as hazardous waste. 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.