2021-366-Solid Waste-WM Recycle America, L.L.C. and Waste Management Carolinas-Recycling processing and MSW disposal

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ATTACHMENT A ADDITIONAL TERMS AND CONDITIONS FOR RECYCLING SERVICES In the event a conflict exists between the Agreement and these Additional Terms and Conditions, the Agreement shall govern and control with respect to recycling services. 1. QUANTITY AND QUALITY: During the term of the Agreement, Provider shall take and County agrees to provide one hundred percent (100%) of County’s single stream recyclables and old corrugated containers, but not including source separated glass (“Recyclables”). County will provide Recyclables in accordance with Exhibit R (“Specifications”). Recyclables specifically exclude, and County agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterio us or capable of causing material damage to any part of Provider's property, its personnel or the public or materially impair the strength or the durability of the Provider's structures or equipment, or any materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, inclu ding, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or oth er regulations or ordinances or other waste not approved in writing by Provider (collectively, “Excluded Materials”). Title to and liability for Excluded Materials shall remain with County at all times. Title to Recyclables provided by County to Provider is transferred to Provider upon Provider’s receipt or collection unless otherwise provided in this Agreement or applicable law. Provider may reject in whole or in part, Recyclables containing more than forty percent (40%) non-Recyclables, including wet material, or any Excluded Materials. For loads containing more than fifteen percent (15%) non-Recyclables (or loads containing more than thirty percent (30%) non-Recyclables which Provider chooses to process) County shall pay a contamination charge of $150.00 per ton for each ton (or part thereof) of non-Recyclables in excess of fifteen percent (15%) and additional charges may apply for Excluded Materials that are not rejected. Provider reserves the right at its sole discretion upon notice to County to discontinue acceptance of any category of Recyclables as a result of market conditions related to such materials and makes no representat ions as to the recyclability of the materials which are subject to this Agreement. Provider will make best effort to ensure speedy unloading time and priority services. Provider will work with Orange County to identify slower traffic times during specific days of the week to assist with efficient unloading of materials. 2. RECYCLABLE VALUE: The value of the Recyclables meeting the Specifications shall be as set forth on Exhibit R-1. The initial composition of the Recyclables shall be as set forth below. Thereafter, within ninety (90) days of execution of this Agreement, and no more than annually, Provider shall perform composition studies of the single stream recyclables to determine the percentage of each commodity in County’s Recyclables and may revise the amount payable or chargeable to County to reflect the actual composition of County’s Recyclables. County acknowledges that the value of the Recyclables may be negative. The method to be used for the composition studies will be consented to by the County, which consent shall not be unreasonably withheld or delayed. The County may be present at such t ime as a study is conducted. Initial Composition: GLASS 20.40% ALUMINUM CANS 2.80% STEEL 3.10% HDPE Color 2.60% HDPE NATURAL 1.80% PET 5.30% Mixed Paper (MP #54) 37.60% Plastics 3-7 1.20% OCC (OCC #11) 13.10% Non-Recyclables 12.10% Total 100% 3. PAYMENTS; CHARGES; ADJUSTMENTS: Upon receipt of an invoice, County shall pay for the services furnished by Provider in accordance with this Agreement, as such charges may be adjusted over the term of this Agreement as noted herein (the “Charges”). State and local taxes, if applicable, will also be DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9