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<br /> ATTACHMENT II
<br /> ADDITIONAL TERMS AND CONDITIONS FOR RECYCLING SERVICES
<br /> In the event a conflict exists between the Agreement and these Additional Terms and Conditions, the Additional Terms and Conditions
<br /> shall govern and control.
<br /> 1. QUANTITY AND QUALITY:
<br /> During the term of the Agreement, Provider shall take and County agrees to provide one hundred percent (100°/x) of County's single
<br /> stream recyclables, and old corrugated containers, but not including source separated glass ("Recyclables"). County will provide
<br /> Recyclables in accordance with Exhibit R("Specifications"). Recyclables specifically exclude, and County agrees not to deposit or permit
<br /> the deposit for collection of, any waste tires, radioactive,volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous,
<br /> regulated medical or hazardous waste,toxic substance or material, as defined by,characterized or listed under applicable federal, state,
<br /> or local laws or regulations, or chemical or other properties that are deleterious or capable of causing material damage to any part of
<br /> Provider's property, its personnel or the public or materially impair the strength or the durability of the Provider's structures or equipment,
<br /> or any materials containing information (in hard copy or electronic format,or otherwise)which information is protected or regulated under
<br /> any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability
<br /> Act of 1996, as amended, or other regulations or ordinances or other waste not approved in writing by Provider(collectively, "Excluded
<br /> Materials"). Title to and liability for Excluded Materials shall remain with County at all times. Title to Recyclables provided by County to
<br /> Provider is transferred to Provider upon Provider's receipt or collection unless otherwise provided in this Agreement or applicable law.
<br /> Provider may reject in whole or in part, Recyclables containing more than forty percent (40%) non-Recyclables, including wet material,
<br /> or any Excluded Materials. For loads containing more than fifteen percent(15%) non-Recyclables (or loads containing more than thirty
<br /> percent(30%) non-Recycling which Provider chooses to process)County shall pay a contamination charge of$155.00 per ton for each
<br /> ton (or part thereof)of non-Recyclables in excess of fifteen percent(15%)and additional charges may apply for Excluded Materials that
<br /> are not rejected. Provider reserves the right at its sole discretion upon notice to County to discontinue acceptance of any category of
<br /> Recyclables as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials
<br /> which are subject to this Agreement. Provider will make best efforts to ensure speedy unloading time and priority services. Provider will
<br /> with County to identify slower traffic times during specific days of the week to assist with efficient unloading of materials.
<br /> 2. RECYCLABLE VALUE:
<br /> The value of the Recyclables meeting the Specifications shall be as set forth on Exhibit R-1. The initial composition of the Recyclables
<br /> shall be as set forth below.Thereafter,within ninety(90)days of execution of this Agreement, and no more than annually, Provider shall
<br /> perform composition studies of the single stream recyclables to determine the percentage of each commodity in County's Recyclables
<br /> and may revise the amount payable or chargeable to County to reflect the actual composition of County's Recyclables. County
<br /> acknowledges that the value of the Recyclables may be negative. The method to be used for the composition studies will be consented
<br /> to by the County, which consent shall not be unreasonably withheld or delayed. The County may be present at such time as a study is
<br /> conducted.
<br /> Initial Composition:
<br /> Orange County Recyc I i ng Compcsition
<br /> Exam le
<br /> p GLASS 9.99%
<br /> UBC 1.20%
<br /> STEEL 1.09%
<br /> HDPE Pigment 1.18%
<br /> HDPE NATURAL 081%
<br /> PET 3.18%
<br /> Mixed Paper 43.38%
<br /> Mixed Plasties#3-7 0.85%
<br /> #110cC 28.88%
<br /> Residue 9.51%
<br /> 3. PAYMENTS; CHARGES;ADJUSTMENTS:
<br /> Upon receipt of an invoice, County shall pay for the services furnished by Provider in accordance with this Agreement, as such charges
<br /> may be adjusted over the term of this Agreement as noted herein (the"Charges"). State and local taxes, if applicable,will also be added.
<br /> Where the value is positive for the Recyclables, Provider shall pay County on or about the last day of each month for Recyclables
<br /> purchased during the preceding month, after deduction of any Charges owed to Provider by County for services performed hereunder.
<br /> Provider reserves the right to increase the Charges payable by County, including the Processing Fee and Excess Contamination Fee or
<br /> reduce the rebate to County during the term: (a)for any changes or modifications to,or differences between,the actual services provided
<br /> by Provider to County and the agreed upon services, and (b)to cover increased costs due to uncontrollable circumstances, including,
<br /> without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as
<br /> floods, fires, hurricanes and natural disasters. Any increase in Charges enumerated above may include a reasonable amount for
<br /> Provider's operating or gross profit margin. In the event Provider adjusts the Charges as provided in this Section, County and Provider
<br /> agree that this Agreement as so adjusted will continue in full force and effect for the remaining term.Any County invoice balance not paid
<br /> within thirty (30) days of the date of invoice is subject to a late fee, and any County check returned for insufficient funds is subject to a
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