2011-217 Solid Waste - CHCCS - Memorandum of Understanding for Recycling Collection Services

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SECTION 3 -Cost ofServices and Compensation for Services Cost of Service: The cost of weekly cart-based recycling collection to each location on Attachment A shall be $152 per location per month. The cost of weekly bulk cardboard recycling collection to each location on Attachment $ shall be $146 per location per month and this cost shall include the provision of the bulk collection container (eight cubic yard dumpster). If the Department of Solid Waste Management provides extra collections due to a special event or other unusual circumstances, the Department of Solid Waste Management and the Chapel Hill - Carrboro City Schools will negotiate and mutually agree upon the cost of service (to be based onfull- cost recovery) and this agreed upon amount will be added to the monthly invoice for services. The cost of the miscellaneous bulky material transportation will be $110 per pull plus the tip fee for the associated load and any other charges due to being a mixed load. Cost in Future Years: The Department of Solid Waste Management may increase the amount charged for collectian services one time each year upon written notification to Chapel Hill - Canboro City Schools Representative and providing such notice with time to allow for consideration of the increased cost of service during the preparation of the School System budget. Any increased cost of service shall be mutually agreed upon by both parties, or the MOU may be terminated as provided for in Section 1. Invoice: The Department of Solid Waste will- invoice the Chapel Hill - Carrboro Schools on a monthly basis for services provided under this MOU. Charges will be billed at the rates established by this MOU. Payment for services provided herein shall become due and payable within thirty (30) days of Department of Solid Waste properly invoicing the Chapel Hill - Carrboro Schools. The County reserves the right to terminate service upon the Chapel Hill - Carrboro Schools' failure to make payment within the time stipulated herein. Upon termination of this MOU by either party, Orange County shall be immediately paid the cost of services provided to date of termination. SECTION 4 -Indemnity Chapel Hill - Carrboro City Schools agree to defend, indemnify and hold harmless Orange County, its employees, officers, agents and representatives, from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the performance of this MOU and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Chapel Hill - Carrboro City Schools, their officers, employees, agents, and representatives, except to the extent same are caused by the negligence or willful misconduct of Orange County. It is the intent of this provision to require the Chapel Hill - Carrboro City Schools to indemnify Orange County to the fullest extent permitted under North Carolina law. 4