Citywide Records Program Public Records Request #2283 The following materials have been gathered in response to public records request #2283. These materials include: • Interlocal Agreement – City of Charlotte/Mecklenburg County – Solid Waste • Contract #2015001108 – Single Family Residential Recycling Collection Services • Contract #2018000953 – Multi-Family Solid Waste Collection Services • Contract #2018000953 – First Amendment This information was provided as a response to a public records request on 4/25/19 and is current to that date. There is a possibility of more current information and/or documents related to the stated subject matter. Further Information For further information about this request or the Citywide Records Program, please contact: Cheyenne Flotree Citywide Records Program Manager City of Charlotte/City Clerk’s Office 600 East 4th Street, 7th Floor Charlotte, NC 28202 [email protected] Amelia Knight Public Records Specialist City of Charlotte/City Clerk’s Office 600 East 4th Street, 7th Floor Charlotte, NC 28202 [email protected] City Clerk’s Office 1 Contract#:20 150011 08 Vendor#: 10701 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG AGREEMENT TO PROVIDE SINGLE FAMILY RESIDENTIAL RECYCLING COLLECTION SERVICES THIS SERVICES CONTRACT (the "Contract") is made and entered into as of this ~ day of March 2015 (the "Effective Date"), by and between Waste Management of Carolinas, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Except as otherwise specifically provided for herein, the Company's obligations under this Contract, including the commencement of Services (as defined below), shall commence on August 31, 2015 ("Services Commencement Date"). RECITALS WHEREAS, the City issued a Request For Proposals (RFP #269-2014-091) for Single Family Residential Recycling Collection Services dated July 28, 2014. This Request for Proposals together with all attachments and addenda, is referred to herein as the "RFP"; and WHEREAS, the City desires that the Company provide certain Single Family Residential Recycling Collection Services ("Services"), and the Company desires to provide such Services; and WHEREAS, the City and the Company have negotiated and agreed regarding the above-referenced Services and desire to reduce the terms and conditions of their agreement to this written form. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the Parties agree as follows: CONTRACT 1. EXHIBITS. The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to COMPANY NAME in the Exhibits and Appendices shall be deemed to mean the Company. 1.1 . EXHIBIT A: PRICE SCHEDULE 1.2. EXHIBITB: SCOPE OF WORK 1.3. EXHIBIT C: SCHEDULE OF LIQUIDATED DAMAGES 1.4. EXHIBITD: MUTUAL CONFIDENTIALITY AGREEMENT 2. DEFINITIONS. 2.1. ACCEPTANCE- Refers to the receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria set forth in this Contract. 2.2. ADDITIONAL RECYCLABLE CONTAINERS - Refers to additional rollout containers identified, designated and authorized by the City solely for the purpose of collecting Recyclables. The City will provide the initial recyclable rollout container and any replacement containers to customers. Additional containers may be purchased by the customer at cost. The number of containers distributed per service unit shall be solely the decision of the City. Multiple Recyclables Containers at one or more service units shall provide the basis for additional compensation to Company in accordance with Exhibit A ("Price Schedule"). Waste Management of Carolinas, Inc. Single Family Residential Recycling Collections Services Contract#:20 150011 08 Vendor#: 10701 2.3 . AUTOMATED VEHICELS LOCATION/AVL- Refers to a device that makes use of a Global Positioning System to remotely track the location of a vehicle fleet. 2.4. BACKYARD RECYCLING- Refers to the Company picking up the Recyclables Container from the backyard, and, and bringing it to the curb, emptying it then returning to the area of pickup. 2.5 . BUSINESS HOURS- Refers to the City's standard office hours of Monday through Friday from 8:00a.m. to 5:00pm. 2.6. CHANGE IN LAW - Refers to (i) the adoption, promulgation, or modification or reauthorization after the date of this Agreement of any law, regulation, order, statute, ordinance, rule or binding judicial or administrative ruling that was not adopted, promulgated, modified or reissued on or before the date of this Agreement, or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, registration, notice of intent or approval after the date of this Agreement, which in the case of either (i) or (ii) establishes requirements affecting a party's operation under this Agreement more burdensome than the requirements that are applicable to such party and in effect as of the date of this Agreement. A change in any federal, State, county, or other tax law or workers compensation law shall not be a Change of Law. However, in the event that a federal, State or local entity imposes a fee, charge or tax after the date of this Agreement that applies to a party's operations per se, such fee, charge or tax shall be treated as a Change in Law. 2.7. CITY- Refers to the City of Charlotte, North Carolina. 2.8. THE CITY WILL BE NOTIFIED/ NOTIFY THE CITY- Refers, unless otherwise stated, to all notifications to the City by the Company being through the use of the current City work tracking system during this Contract term. 2.9. COMPANY- Refers to Waste Management of Carolinas, Inc. 2.10. COMPANY PROJECT MANAGER -Refers to a specified Company employee representing the best interests of the Company for this Project. 2.11. CONTAMINATION- Refers to materials collected that are not defined as Recyclables. 2.12. CONTRACT- Refers to this written agreement executed by the City and Company for the Services as outlined herein. 2.13. CONTRACT AREA - Refers to the City of Charlotte limits, or areas annexed into the City now or in the future. 2.14. CONTRACT MONITOR- Refers to the City employee(s) who observes the operations of the Company to ensure that the Services are performed in compliance with specifications and City Code. 2.15. CURBSIDE RECYCLING COLLECTION - Refers to Services to households where the Customer is responsible for timely setting out their Recyclable Container at the curb on the authorized day of Service. 2.16. CUSTOMER - Refers to the recipient of Residential Recycling Collection Services as determined by the City. 2.17. DELIVERABLES - Refers to all tasks, reports, information, designs, plans and other items, which the Company is required to complete and deliver to the City in connection with this Contract. Waste Management of Carolinas, Inc. Single Family Residential Recycling Collections Services 2 Contract#:20 150011 08 Vendor#:10701 2.18. DEPARTMENT Refers to a department within the City of Charlotte. 2.19. DESIGNATED PROCESSING FACILITY- Refers to a location within the City of Charlotte where the Company shall dispose of all Recyclables. 2.20. DOCUMENTATION- Refers to all written, electronic, or recorded works, that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, that is, Service­ directed end user manuals, training manuals, guides, program listings, flow charts, and other materials for use with the Deliverables or Services. 2.21. EFFECTIVE DATE- Refers to the date this Contract is fully executed by all Parties to this Contract. 2.22. ENVIRONMENTALLY PREFERABLE PRODUCTS- Refers to products that have a lesser or reduced effect on human health and the enviromnent when compared with competing products that serve the same purpose. This comparison may consider raw materials acqms1tion, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal ofthe product. 2.23. ESRI ArcGIS - Refers to a proprietary geographic information system for the purpose of mapping which also serves as a platform for other geodatabase-compatible software. 2.24. IMPEDIMENT- Refers to an obstacle or something that makes it difficult to complete a normal Recyclable collection at a specific location. 2.25. IMPROPER DISPOSAL - Refers to Recyclables that originate outside the Contract Area that are disposed of in the Designated Disposal Facility, Recyclables which are contaminated through fault or negligence on the part of the Company and are disposed of in the Designated Disposal Facility, and/or Recyclables in possession of Company that are not delivered to the Designated Disposal Facility in accordance with the Contract. 2.26. INCOMPLETE ROUTE - Refers to a collection route reported by the Company where Services have not been completed on the scheduled collection day by 7:00P.M. 2.27. LEAK- Refers to a continuous or gradual release of vehicle fluids over an area or multiple areas, of less than 5 gallons, that leaves a visible