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2005 S Solid Waste - Waste Industries, LLC. of Durham RFP Award: Urban Curbside Recycling Services Contract
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2005 S Solid Waste - Waste Industries, LLC. of Durham RFP Award: Urban Curbside Recycling Services Contract
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Last modified
6/7/2011 2:53:42 PM
Creation date
10/26/2010 4:10:13 PM
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BOCC
Date
6/23/2005
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5f
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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
Agenda - 06-23-2005-5f
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 06-23-2005
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b) If Contractor fails to correct the default as provided above, County, without further notice, shall <br />have all of the following rights and remedies which County may exercise singly or in <br />combination: <br />i. The right to declare that this Contract together with all rights granted Contractor hereunder <br />are terminated, effective upon such date as County shall designate; <br />ii: The right to license others to perform the services otherwise to be performed by Contractor, <br />or`to perform such services itself; and <br />iii. In the event of a default not capable of being corrected because of damage to the Processing <br />Center, due to force majeure, County may, but is not obligated to, provide Contractor with <br />a suitable temporary location for conducting processing and drop-off services. <br />c) The following is anon-inclusive list of events or occurrences of defaults by Contractor in the <br />performance of material covenants of this Contract: <br />i. The death or injury requiring hospitalization of an individual, other than employees of the <br />Contractor, proximately caused by the negligence or intentional act of Contractor in <br />carrying out this Contract. <br />ii. More than one incidence of greater than $20,000 property damage to property by the <br />Contractor while performing the recycling contract where the Contractor's negligence or <br />intentional act is the proximate cause of the property damage. <br />iii. Continued high level of unsatisfactorily resolved substantive customer complaints about <br />recyclables collection. As determined by County, a high level of unsatisfactorily resolved <br />complaints shall be greater than twelve (12) unsatisfactorily resolved complaints in one <br />calendar month for three consecutive calendar months. Unsatisfactorily resolved <br />complaints shall not include complaints about missed pickups where County or Contractor <br />can demonstrate that: the recycling bin was set-out late, the site was inaccessible at the time <br />of scheduled collection, or that the problem was resolved by 5 pm of the working day <br />following receipt of the complaint. <br />The principle of ejusdem generis shall not pertain in determining defaults in the material covenants <br />of this Contract. All agreements to be kept or observed by Contractor are material. <br />SECTION 26 <br />All notices required or contemplated by this Contract shall be personally served or mailed, postage <br />prepaid and return receipt requested to the parties as follows: <br />To: Orange County <br />Department of Solid Waste Management <br />Attn: Mr. Robert Taylor <br />PO Box 17177 <br />Chapel Hill, NC 27516-7177 <br />To: Waste Industries <br />Attn: Mr. Lee Bodenhamer III <br />148 Stone Park Court <br />Durham, NC 27703 <br />17 <br />
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