2001 S Solid Waste - Waste Industries Ind Renewal of Governmental Buildings Recycling Program Contract

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Contractor's collection crews shall maintain a supply of recycling brochures furnished by County for residents of each participating complex. Contractor may distribute brochures as needed to individual residents or complexes. SECTION 15 Compensation for Services County agrees to make monthly payments to Waste Industries within thirty (30)days of receipt by County Representative of an accurate invoice and collection data from July 1, 2001 through December 31,2002 at the rates agreed on in Section 3 of this agreement. Payment for services performed after June 30, 2002 is subject to approval of annual Solid Waste budget by Orange County Board of Commissioners. If there are questions regarding the invoice or collection data,payment shall be guaranteed within thirty(30) days of satisfactory resolution of the questions on the invoice or collection data. If Contractor should fail to provide the requested and necessary corollary services required as part of this contract,payment on up to two months of invoices may be withheld until such services are provided. Corollary services may include: Repairs or replacement of County or Towns' property,or private property on the multifamily routes due to damage caused by Contractor as part of the recycling operation. Any repairs or replacement must be complete within thirty days of damage. Removal within 24 hours notification of improperly placed roll-off containers when requested from temporary storage areas on County or Town of Chapel Hill property. In the event of severe weather or other event that necessitates the temporary cancellation of recycling services, County may negotiate with Contractor and receive a reduction in cost of services for services that were not rendered. In general, if services are temporarily canceled at County's request, County will pay in full for services which are not performed, and in such case County may request that Contractor provide said services on a make-up day at no further cost to County. If Contractor is unable to provide service due to severe weather or other event, County may negotiate with Contractor and receive reduction in the cost of services,to be deducted from the bill for the period during which services were not provided,or from a bill for any service period following that service period. Any reduction in the costs of services shall be based upon the pro-rata share of services not rendered minus Contractor's verifiable overhead expenses plus any verifiable increased expenses(i.e. overtime costs incurred by Contractor due to excessive amounts of recyclables having been held over during period of cancellation). SECTION 16 Protection of Recyclable Materials County agrees to take such steps as may be reasonably necessary to protect Contractor's ownership of all Recyclable Materials placed at the recycling containers for collection by Contractor under the terms of this Agreement and shall consider adopting anti-scavenging ordinances, if necessary,to provide such protection. 11