NORTH CAROLINA                                                                               SERVICES AGREEMENT

WAKE COUNTY                                                                                                    OVER $10,000

           

 

            THIS AGREEMENT, made and entered into this 2nd day of August, 2004, by and between Wake County, North Carolina (the "County"), party of the first part; and Paper Stock Dealers (the "Provider"), party of the second part;

 

W I T N E S S E T H:

 

            For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the services to the County in accordance with the terms of this Agreement.

 

I.  SERVICES TO BE PROVIDED

            The services to be performed by the Provider shall be as follows:

 

A.      Provide collection, transportation, processing and marketing services for paper collected from Wake County Public Schools. Such paper includes but is not limited to the following:

 

B.      Allow the News and Observer to provide newspaper collection services at some or all schools so the Contractor will not collect nor receive revenue for newspapers at those schools.

 

C.      As stated in Work Order 1, provide recycling roll-cart containers with the highest degree of recycled material content and obtain SWMD approval before purchasing and placing the containers.

 

D.      Provide containers that are fully functional at all times (i.e. working lids, working wheels, no cracks, water tight, etc.).

 

E.      Place recycling containers at each participating school in a mutually agreed upon location so as to insure safe and efficient operation.

 

F.      Place containers at schools as indicated in Work Order 2 and the brief timeline below. Changes to the number of containers placed at each school may be made after receiving prior approval from the SWMD.

 

Period

Schools

Add

Total Schools

Fall 2004

Pilot Program, City Igloos, Newly Built Schools

25

25

Spring 2005

Current Wait List Schools

22

47

Fall 2005

New Wait List Schools

20

67

Spring 2006

New Wait List Schools

20

87

Fall 2006

New Wait List Schools

20

107

Spring 2007

County Igloos within Raleigh

19

126

Fall 2007

County Igloos outside Raleigh

19

145

 

G.     Provide collection services with as little disturbance to the School’s property, both real and personal, as reasonably practicable.

 

H.      Provide additional collection visits to each school as needed at the request of the SWMD.

 

I.         Collect material once a week at a place and during a time that will not interfere with the daily admission and dismissal of students at the schools. Changes to the collection frequency for each school may be made after receiving prior approval from the SWMD.

 

J.       Inform the County in a timely manner regarding operational concerns.

 

K.      Receive prior written approval from the SWMD before disposing of contaminated material collected from the WCPSS.

 

L.       Invoice the County, monthly, for the total cost of services provided with the following detailed by each school:                 

The invoice must be provided electronically using Microsoft applications in a format to be decided upon by the parties.

 

M.     Retain all revenue from the sale of the recyclables.

 

N.      Identify and maintain one point of contact that is readily accessible by telephone and is responsible for addressing incoming questions and complaints in a prompt and courteous fashion.

 

O.     Draft School Recycling Program Standard Operating Procedures within three months of signing Agreement including but not limited to provider and county responsibilities, collection and handling requirements, staff responsibilities, performance measures, etc.

 

P.      Meet every other month with SWMD and WCPSS to review program efficiency and make changes as necessary.

 

Q.     Follow all rules associated with Wake County’s Haulers Privilege License.

 

            Rights and obligations of Wake County:

 

A.      The SWMD will be the liaison between the Contractor and Wake County Public Schools for any questions and problems that arise from or that affect the school recycling program.

 

B.      The SWMD will identify a contact person(s) with authority to administer the Agreement and obligate the County as required.

 

C.      The SWMD will coordinate between the Contractor and the WCPSS to identify acceptable locations for collection containers.

 

D.      The SWMD will provide educational and promotional material to the schools including but not limited to decals, posters, books, videos, and news releases. 

 

E.      The SWMD will purchase internal recycling containers and classroom recycling bins.

 

F.      The SWMD reserves the right to add or subtract additional recyclable commodities to the Agreement at any time under similar contractual terms as was applicable to the initial commodities.

 

G.     The SWMD reserves the right to reject sub-contractors of the Contractor.

 

H.      The SWMD reserves the right to charge for damages to schools that are left in unsightly condition including litter, damaged containers, and/or missed collections. This is not to exceed more than $200 per offense.

 

II.  TERM

            The services of the Provider shall begin on August 2, 2004, and unless sooner terminated by mutual consent or as hereinafter provided, shall be provided until June 30, 2009; provided that Provider shall have the right to terminate this Agreement for services upon ninety (90) days' notice in writing to the County, and the County shall have the right to terminate this Agreement upon sixty (60) days' notice in writing to the Provider.  This Agreement is subject to the availability of funds provision of section XI.

 

III.     PAYMENT

            As full compensation for the Provider's services, the County agrees to pay the Provider in installments, the sum of Three Hundred Fifty Six Thousand, Two Hundred Twenty Two dollars ($356,222) based on the assumptions and calculations illustrated in the table below. Total payments under this contract are not to exceed Thirty Four Thousand, Five Hundred Ninety Six dollars ($34,596) during fiscal year 04-05. The Provider shall bill the County for services rendered during the preceding thirty (30) days.  The County shall pay all undisputed portions of such bills within twenty (20) days, provided all elements of this Agreement are satisfactorily met.

 

            Payment for services rendered equals $14.00 per school for each weekly collection during fiscal year 2004-2005.

 

Estimated Annual Costs

Weekly Collection with Roll Carts

SWMD retains 0% of revenue

Estimated Number of schools

Collection Cost/ School/Week

Extra Collection Cost/Pickup

Estimated Total FY Cost*

FY 04-05

47

$14.00

$19

$34,596

FY 05-06

87

$13.00

$19

$59,382

FY 06-07

126

$12.00

$19

$79,384

FY 07-08

145

$12.00

$19

$91,430

FY 08-09

145

$12.00

$19

$91,430

Contract Total

 

 

 

$356,222

* Assumes each school receives 52 regular collections per year and between 20-50 extra collections per year.

 

The price:

·         includes costs for personnel, marketing, equipment, transportation, and processing;

·         not include any educational or public relations costs;

·         assumes that some of the schools have a N&O newspaper collection bin on site to recover school-generated newspaper; and

·         assumes that the Contractor keeps all revenue from the sale of the recyclables.

 

IV.  RELATIONSHIP OF PARTIES

            The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions.  The Provider shall not be treated as an employee with respect to the services performed hereunder for federal or state tax, unemployment or workers' compensation purposes.  The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.  The Provider further agrees that the Provider is fully responsible for the payment of any and all taxes arising from the payment of monies under this Agreement.  The Provider shall not be treated as an employee with respect to the services performed hereunder for purposes of eligibility for, or participation in, any employee pension, health, or other fringe benefit plan of the County.  The County shall not be liable to the Provider for any expenses paid or incurred by the Provider unless otherwise agreed in writing.  The Provider shall supply, at its sole expense, all equipment, tools, materials, and supplies required to provide the contracted services unless otherwise agreed in writing.  The Provider shall comply with all federal, state and local laws regarding business permits, certificates and licenses that may be required to carry out the services to be performed under this Agreement.  The Provider shall insure that all personnel engaged in work under this Agreement shall be fully qualified and shall be authorized under state and local law to perform the services under this Agreement.

 

V.  INSURANCE

            The Provider shall obtain, at his sole expense, all insurance required in the following paragraphs and shall not commence work until such insurance is in effect and certification thereof has been received by Wake County's Risk Manager.

            Workers' Compensation Insurance, with limits for Coverage A Statutory-State of North Carolina and Coverage B Employers Liability $500,000 each accident, disease policy limit and disease Each Employee.

            Commercial General Liability - Combined single limits of no less than $1,000,000 each occurrence and $2,000,000 aggregate.  This insurance shall include Comprehensive Broad Form Coverage including contractual liability. 

            Commercial Automobile Liability, with limits of no less than $1,000,000 Combined Single Limit for bodily injury and property damage.  Evidence of commercial automobile coverage is only necessary if vehicles are used in the provision of services under this Agreement and/or are brought on a Wake County site.

            All insurance companies must be licensed in North Carolina and be acceptable to the County's Risk Manager.  Insurance Policies, except Workers' Compensation, shall be endorsed (1) to show Wake County as additional insured, as their interests may appear and (2) to amend cancellation notice to 30 days, pursuant to North Carolina law.  Certificates of insurance shall be signed by a licensed North Carolina agent and be amended to show "thirty (30) days' notice of change or cancellation will be given to the Wake County Risk Manager by certified mail."

            If an "ACCORD" Insurance Certificate is used, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" in the "cancellation" paragraph of the form shall be deleted. Copies or originals of correspondence, certificates, endorsements or other items pertaining to insurance shall be sent to:

                        Wake County Risk Manager

                        Room 900 - WCOB

                        P. O. Box 550

                        Raleigh, NC  27602

            If the Provider does not meet the insurance requirements of the specifications, alternate insurance coverage satisfactory to Wake County may be considered.

 

VI.  INDEMNIFICATION

            The Provider agrees to defend, indemnify, and hold harmless Wake County from all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or property damage caused in whole or in part by the negligence or misconduct of the Provider or his/her subcontractors, agents and employees, except to the extent same are caused by the negligence or willful misconduct of Wake County.  It is the intent of this section to require the Provider to indemnify Wake County to the extent permitted under North Carolina law.

 

VII.  NON-ASSIGNMENT

            The Provider shall not assign all or any portion of this Agreement, including rights to payments, to any other party without the prior written consent of the County.

 

VIII.  ENTIRE AGREEMENT

            The Provider and the County agree that this document constitutes the entire agreement between the two parties and may only be modified by a written mutual agreement signed by the parties.  Modifications may be evidenced by telefacsimile signatures. Unless and until further modified, this agreement shall consist of this document and the following attachments or addenda:

 

IX.  GOVERNING LAW

            Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina.

 

X.  WAIVER

            Failure of the County to enforce, at any time, any of the provisions of this Agreement, or to request at any time performance by Provider of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part thereof, or the right of the County to enforce each and every provision.

 

XI.  NON-APPROPRIATION

            If this agreement requires performance and appropriations for payment for services in future fiscal years, the validity of this contract is based upon the availability of public funding under the statutes delegating the County its powers.   In the event that the County’s enabling legislation is changed so as to prohibit the activities contemplated by this contract or should public funds become unavailable and not appropriated for the continuation of this contract, the parties’ obligations hereunder will automatically expire without penalty ten (10) days after written notice to the Provider of such occurrence.   It is understood that the County will not exercise this provision for its convenience, but only as an emergency fiscal measure.

 

            IN WITNESS WHEREOF, the County and the Provider have set their hands as of the day and year first above written.

 

WAKE COUNTY, NORTH CAROLINA                                         PROVIDER: Paper Stock Dealers

By: _________________________                                              By: _________________________

 

Date:________________________                                              Date: _______________________

                                                                                               

                                                                                                _____________________________

 

                                                                                                _____________________________

                                                                                                (Mailing Address)

 

                                                                                                _____________________________

                                                                                                Federal Tax ID#

 

This instrument has been pre-audited in the manner required

by the Local Government Budget and Fiscal Control Act.

                                                                                                ____________________________

                                                                                                FINANCE OFFICER                              


WORK ORDER 1: Purchase roll carts (estimated)

 

Elementary Schools

 

School Name

School Address and Zip

60-65 gallon

# of carts

Brooks Elementary Museums Magnet

700 Northbrook Drive, Raleigh, NC 27609

2

Combs Elementary

2001 Lorimer Road, Raleigh, NC 27606

3

Forestville Elementary

100 Lawson Ridge Road, Knightdale, NC 27545

2

Fuquay-Varina Elementary

6600 Johnson Pond Road, Fuquay-Varina, NC 27526

2

Highcroft Drive Elementary

5415 Highcroft Drive, Cary, NC 27519

2

Holly Springs Elementary

401 Holly Springs Road, Holly Springs, NC 27540

10

Lockhart Elementary

1320 Smithfield Road, Knightdale, NC 27545

1

North Ridge Elementary

7120 Harps Mill Road, Raleigh, NC 27615

1

Olds Elementary

204 Dixie Trail, Raleigh, NC 27607

1

Poe Elementary

400 Peyton Street, Raleigh, NC 27610

2

Powell Elementary

1130 Marlborough Road, Raleigh, NC 27610

1

Timber Drive Elementary

1601 Timber Drive, Garner, NC 27529

4

Turner Creek Elementary

6801 Turner Creek Road, Cary, NC 27519

2

Yates Mill Elementary

5593 Yates Mill Pond Road, Raleigh, NC 27606

3

 

Middle Schools

 

School Name

School Address and Zip

90-95 gallon

# of carts

Apex Middle

400 East Moore Street, Apex, NC 27502

6

Carroll Middle

4520 Six Forks Road, Raleigh, NC 27609

2

Durant Road Middle

10401 Durant Road, Raleigh, NC 27614

2

Salem Middle

6150 Old Jenks Road, Apex, NC 27543

6

 

High Schools

 

School Name

School Address and Zip

90-95 gallon

# of carts

Carpenter Elementary – Used as Green Hope 9th grade Ctr

2100 Morrisville Parkway, Cary, NC 27519

3

Broughton High

723 St. Mary’s Street, Raleigh, NC 27605

5

Fuquay-Varina High

201 Bengal Boulevard, Fuquay-Varina, NC 27526

6

Green Hope High

2500 Carpenter Upchurch Road, Cary, NC 27519

5

Knightdale High

100 Bryan Chalk Lane, Knightdale, NC 27545

5

Leesville Road High

8405 Leesville Road, Raleigh, NC 27613

4

Sanderson High

5500 Dixon Drive, Raleigh, NC 27609

5

 

When new schools are added to the program, place two (2) 60-65 gallon roll carts at each elementary school. Place three (3) 90-95 gallon roll carts at each middle school and five (5) 90-95 gallon roll carts at each high school. This is the estimated standard number of roll carts to be used in subsequent semesters, although the Contractor will need to locate as many roll carts as needed to collect material once a week in a safe and efficient manner.
WORK ORDER 2: Placement timeline of roll carts

Schools that have construction or year round noted next to them might deviate from the timeline. As new schools are built they will be included in the program.

 

FALL 2004 = 25 TOTAL

 

Deliver containers by August 9, 2004

 

School Name

School Address and Zip

Notes

Carroll Middle

4520 Six Forks Road, Raleigh, NC 27609

 

Combs Elementary

2001 Lorimer Road, Raleigh, NC 27606

 

Durant Road Middle

10401 Durant Road, Raleigh, NC 27614

Year Round

Fuquay-Varina Elementary

6600 Johnson Pond Road, Fuquay-Varina, NC 27526

 

Green Hope High

2500 Carpenter Upchurch Road, Cary, NC 27519

 

Holly Springs Elementary

401 Holly Springs Road, Holly Springs, NC 27540

 

Leesville Road High

8405 Leesville Road, Raleigh, NC 27613

 

Lockhart Elementary

1320 Smithfield Road, Knightdale, NC 27545

 

North Ridge Elementary

7120 Harps Mill Road, Raleigh, NC 27615

 

Olds Elementary

204 Dixie Trail, Raleigh, NC 27607

 

Powell Elementary

1130 Marlborough Road, Raleigh, NC 27610

 

Salem Middle

6150 Old Jenks Road, Apex, NC 27543

 

Sanderson High

5500 Dixon Drive, Raleigh, NC 27609

 

Timber Drive Elementary

1601 Timber Drive, Garner, NC 27529

Year Round

Yates Mill Elementary

5593 Yates Mill Pond Road, Raleigh, NC 27606

 

 

Deliver containers, once approved by Principal, no later than October 1, 2004

 

School Name

School Address and Zip

Notes

Apex Middle

400 East Moore Street, Apex, NC 27502

 

Brooks Elementary Museums Magnet

700 Northbrook Drive, Raleigh, NC 27609

 

Broughton High

723 St. Mary’s Street, Raleigh, NC 27605

 

Carpenter Elementary – Used as Green Hope 9th grade Ctr

2100 Morrisville Parkway, Cary, NC 27519

 

Forestville Elementary

100 Lawson Ridge Road, Knightdale, NC 27545

 

Fuquay-Varina High

201 Bengal Boulevard, Fuquay-Varina, NC 27526

 

Highcroft Drive Elementary

5415 Highcroft Drive, Cary, NC 27519

 

Knightdale High

100 Bryan Chalk Lane, Knightdale, NC 27545

 

Poe Elementary

400 Peyton Street, Raleigh, NC 27610

 

Turner Creek Elementary

6801 Turner Creek Road, Cary, NC 27519

Year Round


For subsequent semesters, delivery of containers will be agreed to by both parties

 

SPRING 2005 = 22 TOTAL (47 TOTAL FOR FY 05)

 

The following 22 schools will be added to the new recycling program in Spring 05, pending Principal approval, because they called and showed an interest in the igloo or pilot program.

School Name

Date of Request

School Address and Zip

Notes

Aversboro Elementary

9/11/97

1605 Aversboro Road, Garner, NC 27529

 

Ballentine Elementary

11/4/03

1651 North McLaurin Lane, Fuquay-Varina, NC 27526

 

Carver Elementary

9/24/03

291 Liles-Dean Road, Wendell, NC 27591

 

Conn Elementary

2/11/01

1221 Brookside Drive, Raleigh, NC 27604

 

Davis Drive Middle

8/30/00

2101 Davis Drive, Apex, NC 27502

 

Durant Road Elementary

1/16/04

9901 Durant Road, Raleigh, NC 27614

Year Round

Fox Road Elementary

10/8/03

7101 Fox Road, Raleigh, NC 27616

 

Heritage Elementary

10/1/03

3500 Rogers Road, Wake Forest, NC 27587

 

Hilburn Drive Elementary

7/16/03

7100 Hilburn Drive, Raleigh, NC 27613

 

Lacy Elementary

4/16/02

1820 Ridge Road, Raleigh, NC 27607

 

Lincoln Heights Elementary

5/1/03

307 Bridge Street, Fuquay-Varina, NC 27526

 

Lufkin Road Middle

9/7/99

1002 Lufkin Road, Apex, NC 27502

Year Round

Rand Road Elementary

9/13/02

300 Arbor Greene Drive, Garner, NC 27529

 

Reedy Creek Elementary

9/25/00

940 Reedy Creek Road, Cary, NC 27513

 

Reedy Creek Middle

8/4/03

930 Reedy Creek Road, Cary, NC 27513

 

Root Elementary

1/8/04

3202 Northampton Road, Raleigh, NC 27609

 

Swift Creek Elementary

2/17/99

5601 Tryon Road, Raleigh, NC 27606

 

Underwood Elementary

1/12/04

1614 Glenwood Avenue, Raleigh, NC 27608

 

Wakefield Elementary

11/19/99

2400 Wakefield Pines Drive, Raleigh, NC 27614

 

Washington Elementary

10/27/03

1000 Fayetteville Street, Raleigh, NC 27601

 

Wilburn Elementary

7/27/01

3707 Marsh Creek Road, Raleigh, NC 27604

Year Round

Wildwood Forest Elementary

9/24/03

8401 Wild Wood Forest Drive, Raleigh, NC 27616

 

 

FALL 2005 = Add 20 new schools to the program.

 

SPRING 2006 = Add 20 new schools to the program. (40 TOTAL FOR FY 06)

 

FALL 2006 = Add 20 new schools to the program.

 


SPRING 2007 = 19 TOTAL (39 TOTAL FOR FY 07)

The following 19 school igloo recycling sites, all within Raleigh, will be converted to the new recycling program Spring 07, pending Principal approval.

School Name

School Address and Zip

Notes

Athens Drive High

1420 Athens Drive, Raleigh, NC 27606

 

Brassfield Elementary

2001 Brassfield Road, Raleigh, NC 27614

 

Brentwood Elementary

3426 Ingram Drive, Raleigh, NC 27604

 

Daniels Middle

2816 Oberlin Road, Raleigh, NC 27608

Construction 04

Dillard Drive Elementary

5018 Dillard Drive, Raleigh, NC 27606

 

Douglas Elementary

600 Ortega Road, Raleigh, NC 27609

 

East Millbrook Middle

3801 Spring Forest Road, Raleigh, NC 27616

 

East Wake Middle

2700 Old Milburnie Road, Raleigh, NC 27604

 

Enloe High

128 Clarendon Crescent, Raleigh, NC 27610

Construction 06

Hunter Elementary

1018 E. Davie Street, Raleigh, NC 27601

 

Joyner Elementary

2300 Noble Road, Raleigh, NC 27608

 

Leesville Road Elementary

8401 Leesville Road, Raleigh, NC 27613

 

Ligon Middle

706 E. Lenoir Street, Raleigh, NC 27601

Construction 04

Martin Middle

1701 Ridge Road, Raleigh, NC 27607

 

Millbrook High

2201 Spring Forest Road, Raleigh, NC 27615

 

Penny Road Elementary

10900 Penny Road, Raleigh, NC 27606

 

Pleasant Union Elementary

1900 Pleasant Union Church Road, Raleigh, NC 27614

 

Vance Elementary

8808 Old Stage Road, Raleigh, NC 27603

 

West Millbrook Middle

8115 Strickland Road, Raleigh, NC 27615

 

 

FALL 2007 = 19 (19 TOTAL FOR FY 08)

The following 19 school igloo recycling sites, all within other municipalities besides Raleigh, will be converted to the new recycling program Fall 07, pending Principal approval.

School Name

School Address and Zip

Notes

Apex High

1501 Laura Duncan Road, Apex, NC 27502

 

Briarcliff Elementary

1220 Pond Street, Cary, NC 27511

 

Cary Elementary

400 Kildaire Farm Road, Cary, NC 27511

 

Cary High

638 Walnut Street, Cary, NC 27511

 

East Cary Middle/ Cary High 9th Grade Ctr

1111 SE Maynard Road, Cary, NC 27511

Construction 04

East Wake High

5101 Rolesville Road, Wendell, NC 27591

 

Farmington Woods Elementary

1413 Hampton Valley Road, Cary, NC 27511

 

Garner High

2101 Spring Drive, Garner, NC 27529

 

Knightdale School Park

109 Ridge St, Box 309, Knightdale, NC 27545

Construction 07

Morrisville Elementary

1519 Morrisville Parkway, Morrisville, NC 27560

Year Round

Northwoods Elementary

8850 Chapel Hill Road, Cary, NC 27513

Construction 05

Olive Chapel Elementary

1751 Olive Chapel Road, Apex, NC 27502

 

Rolesville Elementary

307 South Main Street, Rolesville, NC 27571

 

Wake Forest-Rolesville High

420 W. Stadium Drive, Wake Forest, NC 27587

 

Wake Forest-Rolesville Middle

1800 South Main Street, Wake Forest, NC 27587

 

Wendell Elementary/Thompson Field

3355 Wendell Boulevard, Wendell, NC 27591

 

West Lake Middle

4600 West Lake Road, Apex, NC 27502

Year Round

Willow Springs Elementary

6800 Dwight Rowland Rd, Willow Springs, NC 27592

 

Zebulon Middle

1000 Shepard School Rd., Zebulon, NC 27597