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<br />ATTACHMENT II
<br />ADDITIONAL TERMS AND CONDITIONS FOR RECYCLING SERVICES
<br />
<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.
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<br />1. QUANTITY AND QUALITY:
<br />During the term of the Agreement, Provider shall take and County agrees to provide one hundred percent (100%) 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, infectiou s, 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 r egulated under
<br />any local, state or federal privacy or data security laws, including, but not limited to t he 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 conta mination 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 o f 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, P rovider 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 st udy is
<br />conducted.
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<br />Initial Composition:
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<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, impositio n 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 subjec t to a late fee, and any County check returned for insufficient funds is subject to a
<br />Docusign Envelope ID: 3C46D4D9-4262-4835-B314-9FEB472CCC00
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