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HomeMy WebLinkAboutContract #: 722 - From: 10-01-2013 To: 09-30-2023 - JRM Hauling & Recycling - Town of North AndoverL] 3 Andrew W. Maylor Town Manager May 23, 2016 Mr. James Motzkin JRM Hauling 265 Newbury Street Peabody, MA 01960 Dear Mr. Motzkin, Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 e-mail: amaylor@townofnorthandover.com Telephone (978)688-9510 Fax (978)688-9556 Based on photographs and other information provided by JRM, the Town of North Andover accepts the position that the Town's contracted recycling hauler, Northside Carting, has during the past year included recycling material and trash from other communities with the recycling material from our community. Additionally, the Town acknowledges that JRM GreenWorks is not required to accept any material delivered by Northside that is not part of the hauling contract that the Town has with Northside. However, the Town's refutes the opinion of Attorney Brian Cassidy as stated in his May 12, 2016 letter to Mr. Thibodeau on behalf of JRM that such action results in a breach of contract. That being said, we recognize that the negative tipping fee in our contract with JRM is favorable to the Town given the current market conditions. We further recognize that if additional recycling material that is not part of the Town's contract with Northside is included with our recycling and processed at GreenWorks that impacts JRM negatively. Finally, we also recognize that when our contracted recycling material includes trash that has a cost to JRM. In recognition of these facts, the Town of North Andover will voluntarily reduce the negative tipping fee required in our contract with JRM from $20 per ton to $10 per ton for a period of six months commencing on June 1, 2016. The Town is not offering a contract amendment, instead a temporary discount in the tipping fee in recognition of the poor performance of our recycling hauler. The Town will review this adjustment on an ongoing basis and decide how best to proceed after November 30, 2016. The Town understands that if there is a direct cost to JRM to remove trash from the material delivered by Northside Carting, JRM will bill the Town for that cost and it is the Town's responsibility to bill Northside Carting. If the Town changes recycling haulers prior r to November 30, 2016, the Town will no longer accept the temporary discounted rate and will immediately expect a return to the contracted negative tipping fee of $20. As a reminder, per the terms of JRM's contract with the Town all official correspondence as it relates to the contract must be made to the Town Manager's office. We look forward to working with you now and in the future. Regards, t drew W. MaY for Cc: Tom Flanagan, JRM Bruce Thibodeau, Town of North Andover Ray Santilli, Town of North Andover I/ TOWN OF NORTH ANDOVER CONTRACT CONTRACT #_ r? a a DATE: Oec a y, aoO l This Contract is entered into on, or as of, this date by and between: The Town of North Andover, Massachusetts, a municipal corporation duly organized and existing under the laws of the Commonwealth of Massachusetts having its usual place of business at 120 Main Street, North Andover MA 01845, hereinafter sometimes called the "Town", and - JRM Hauling & Recycling Services, Inc, a Massachusetts corporation with its principal offices, located at 265 Newbury Street, Peabody, MA 01960, hereinafter sometimes referred to as "JRM" or the "Contractor". 1. Term The term of the Contract is for the period of October 1, 2013 through September 30, 2023. The time limits stated in the Contract documents are of the essence of the Contract. 2. Purchase Agreement JRM agrees to purchase all "Acceptable Recyclable Material" in accordance with. Supplement `S', and `Attachment I' attached hereto and incorporated by reference. The Town shall, at its expense and by the Town's designated hauler, deliver Acceptable Recyclable Material to the Delivery Point, as defined herein. 3. Contract Price JRM shall pay the Town at a rate of $20.00 per ton of Acceptable Recyclable Material delivered to the Delivery Point. Payment shall be made on a quarterly basis, within thirty (30) calendar days following the end of the calendar quarter. 4. Permits and Approvals Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc=Page 1 5. Termination and Default 5.1 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven -(7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, Oexpress mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 5.2 Default. The following shall constitute events of a default under the Contract: 5.2.1 Any material misrepresentation made by the Contractor to the Town 5.2.2 Any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non- discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 6. The Contractor's Breach and the Town's Remedies Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. In addition to and not in limitation of any of the remedies available to the Town under this contract, in the event the Contractor is determined by the Town to be in default and the contract is terminated by the Town, the Contractor shall be responsible for paying the Town, for the remainder of the contract term, the difference between the Contract price per ton of Acceptable Recyclable Material and the price the Town is able to obtain in a new contract with a replacement vendor. (Rev 5-2007) Contract by and between Town of North Andover and 7RM Hauling & Recycling Services, Inc Page 2 7. Statutory Compliance 7.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 7.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 7.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 7.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 8. Conflict of Interest Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. (Rev 5-2007) Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc Page 3 9. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 10. Discrimination The Contractor will cavy out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 11. Assignment This Contract may not be assigned, transferred, pledged, including the brokerage of tonnage by Town or hypothecated by any parts without the written consent of the other party, provided however, that JRM has the right, with the prior written consent of the Town, to assign this Contract or any right or interest under this Contract to Greenworks, Inc. Subject to the foregoing limitations on assignment, this Contract is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. 12. Condition of Enforceability Against the Town This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Counsel as to form. 13. Corporate Contractor If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. (Rev 5-2007) Contract by and between Tom of North Andover and JRM Hauling & Recycling Services, Inc Page 4 14. Liability of Public Officials To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 15. Indemnification The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in pail out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 16. Workers Compensation Insurance The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 17. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of (Rev 5-2007) Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc Page 5 Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 18. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 20. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. (Rev 5-2007) Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc Page 6 21. Massachusetts Contract This contract shall be construed as a Massachusetts contract and any interpretation of its meaning, effects or consequences shall be determined with reference to Massachusetts statutory and common law. 22. Contract Interpretation Should one or more of the provisions of this Contract be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Contract. 23. Contract Changes This Contract constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements concerning JRM's services. This Contract may only be modified or altered by the mutual consent of the parties at any time, provided however, that such modification or alteration are evidenced by writing and signed by all parties hereto. 24. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. No notice, action or other communication shall be effective unless received by the following designated person(s): For the Town: Mr. Andrew W. Maylor, Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 For the Contractor: Mr. James R. Motzkin, President JRM Hauling & Recycling Services, Inc 265 Newbury Street Peabody, MA 01960 25. Binding on Successors This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). (Rev 5-2007) Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc Page 7 26. Complete Contract This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. 27. Supplemental Conditions The foregoing provisions apply to all contracts to which the Town of North Andover shall be a. party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B) [ X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc Page 8 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN THE CONTRACTOR 'Tyi �auhn j r�ee Clirio� ,S�rv�e,ts� enc. ivision/Department Head Company Name Contract Manager ` /"Z//t. Date Signature Da re \/OLMCS R • /" 04z -kin , Presided+ Print Name & Title APPROVED AS TO FORM: -UA4 u 4 + Town Counsel6- Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: /1) / I 1 Town Accountant Date (Rev 5-2007) Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc Page 9 SUPPLEMENT "S" 1. This forth supplements the general provisions of the Contract between the Town of North Andover, and JRM Hauling & Recycling Services, Inc, which Contract is a contract for the procurement of services. 2. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. Minimum Wage: The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any laws, executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 4. Insurance: The Contractor shall obtain and maintain the following insurance: 4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 4.2 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 4.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 4.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be. the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 4.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 4.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 1 and JRM Hauling & Recycling Services, Inc 5. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in pant by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: ' 21/16 A4 Town Counsel Date: —T-f=— TOWN OF NORTH ANDOVER To n Manager 4eppaitmenit/Division Head THE CONTRACTOR: (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and JRM Hauling & Recycling Services, Inc ATTACHMENT I A. Definitions The terms listed shall have the following definitions: 1) Contract Documents: All documents relative to the Contract including the Request for Proposals (dated May 28, 2013) and all relevant addenda, and the JRM proposal (dated June 18, 2013). 2) Acceptable Recyclable Material: municipal recycling (including commingled and fiber) generated by the Town of North Andover, within the Town by eligible residential stops and businesses, schools, municipal facilities and having the characteristics of solid waste normally generated through a municipal program. 3) Commingled: commingled containers for materials (see list below). 4) Delivery Point: the permitted disposal facility designated by JRM at which the Town and its authorized haulers shall deliver Acceptable Recyclable Material for purchase. The Delivery Points are 1130 Eastern Avenue, Malden Massachusetts and, when completed, 109 Newbury Street, Peabody Massachusetts. 5) Fiber: mixed paper for materials (see list below). 6) Force Majeure Event: any act or event that prevents the affected Party from performing its obligations in accordance with this Agreement, if such act or event is beyond the reasonable control, and not the result of the fault or negligence, of the affected Party and such Party , had been unable to overcome such act or event with the exercise of due diligence (including the expenditure of reasonable sums). Subject to the foregoing, Force Majeure Event may include but are not limited to the following acts or events: (i) natural phenomena, such as storms, hurricanes, or floods,; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; and (iv) strikes or labor disputes. Force Majeure Events shall not include equipment failures or acts or omissions of agents, suppliers or subcontractors, except to the extent such acts or omissions arise from a Force Majeure Event. 7) Haulers: the persons and entities engaged by the Town and duly licensed to collect, transport,. and deliver to the Delivery Point Acceptable Recyclable Material on behalf of the Town. 8) Hazardous Waste: waste which is defined or listed as a hazardous waste in the Solid Waste Disposal Act (42 USC 3251), as amended, and all regulations promulgated there under, or waste which is defined or listed as hazardous waste in other applicable federal, state or local statutes or ordinances and all amendments thereto, and all regulations promulgated there under. The term "Hazardous Waste" will be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two or more governmental agencies or units having concurrent or overlapping jurisdiction over Hazardous Waste. 9) Medical Waste: waste which may be reasonably considered infectious or a biohazard, originating from hospitals, public or private medical clinics, research laboratories, pharmaceutical industries, blood banks, forensic medical departments, mortuaries, veterinary facilities, and other similar facilities and includes equipment, instruments, utensils, fomites, laboratory waste (including pathological specimens and fomites attendant thereto), surgical facilities, equipment bedding and utensils (including pathological specimens and fomites thereto), sharps (hypodermic needles, syringes, etc.), dialysis unit waste, animal carcasses, offal and body parts, biological materials (vaccines, medicines, etc.), and other similar materials, but does not include any such waste which is determined by evidence reasonably satisfactory to have been rendered non-infectious and a non -biohazard. 10) Municipal Solid Waste: all materials or substances that are generally discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to, trash, garbage, refuse, rubbish discarded materials from residential and municipal activities.. 11) Nonconforming Recyclable Material: any material provided to JRM at the Delivery Point which purports to be Acceptable Recyclable Material, but which is not, and which Nonconforming Recyclable Material, or its constituents, properties or aspects: a. Is in whole or part, Municipal Solid Waste, Hazardous Waste, Medical Waste, or Unacceptable Waste; b. Materially increases the risk or hazard to health or the: environment; or c. Is not permitted to be handled as Acceptable Recyclable Material at the Delivery Point, including without limitation, the failure of Delivery Point to be permitted or designed to receive same for disposal. 12) Single Stream Recyclable Material Collection: recyclable material delivered to contractor's facility (delivery point) in one combined stream including mixed paper and co -mingled containers. 13) Ton: a unit of weight equal to 2,000 pounds. 14) Tonnage Reports: the written report(s) provided by the Contractor that reference and describe per day, per vehicle and tonnage basis the quantity of acceptable recyclable material accepted by the Contractor. 15) Unacceptable Waste: any material which by reason of its composition or characteristics is hazardous waste, a hazardous substance or hazardous material as defined in or under any other federal, state or local law and the applicable regulations there under. B. Statement of Work 1) Acceptable Materials Below are the materials currently accepted (single stream) and recycled by the Town. The Town reserves the right to add materials if Contractor agrees to include such materials. a. Mixed Paper (Fibers) o Books o Cardboard boxes o Card and cover stock o Coffee cups (empty paper cups only, no Styrofoam) o Computer paper (copy paper packaging not OK) o Frozen food boxes (if it rips) o Junk Mail o Magazines / catalogs (glossy paper and glue bindings OK) o Milk / Juice cartons (remove plastic spout) o Newspapers o Office Paper (any color including folders, envelopes, forms, stationary, tablet sheets, calendars, post -it notes, etc.) o Paperboard (i.e. tissue or cereal boxes) o Paper bags o Phone books o Pizza boxes (empty and soiled parts removed) o Shredded paper (in a paper bag) o Spiral cans (i.e. potato chip, coffee, nut cans) o Spiral notebooks o Wrapping paper (no metallic, foil) b. Commingled Containers o Aerosol cans (empty) o Aluminum (cans, pie plates, trays & foil) o Glass bottles and jars (any color) o Metal cans (tin, steel & aluminum) o Plastic household containers (marked #1 through #7) 2) Unacceptable Items Municipal Solid Waste, Hazardous Waste, Medical Waste, and Unacceptable Waste as defined herein shall not be accepted at the Delivery Point. Those items include, but are not limited to the following: i o Blueprints o Carbon paper o Ceramics o Containers with paint or petroleum based residue o Food wrappings o Light bulbs o Mirrors o Photographs o Plastic bags o Styrofoam o Tissues, napkins, or paper towels o Glassware, plate glass, windows, or leaded glass o Waxed papers o Scrap metal o White goods o Construction debris o Yard waste o Televisions o Computer monitors o CPUs C. Scope of Contract Contractor shall: 1) Operate the Delivery Point facility and perform its obligations under this Contract in material conformance with all applicable laws including, without limitation, environmental laws, and shall provide for the disposal of ash and any other by-products of the operation of the facility at landfills or other sites which are lawfully permitted and operated. 2) Maintain and renew, in full force and effect, all permits, licenses or permissions or registrations with, or consents of, governmental authorities as may be necessary in the performance of its obligations under this Contract. 3) Have sufficient capacity to handle the volume of Acceptable Recyclable Material collected under this contract. The Delivery Point must be able to process all Acceptable Recyclable Material in a safe and efficient manner in a reasonable amount of time. 4) Take ownership of Acceptable Recyclable Material and be responsible for all aspects of processing and marketing Acceptable Recyclable Material from the Town's recycling program. This includes weighing, sorting, preparing for market and transporting to companies who will recycle. 5) Separate, process, and prepare materials in a commercially reasonable manner that achieves the highest quality and net return for the Town 6) Report facility residue rates quarterly. To the maximum extent possible, Acceptable Recyclable Material should not be incinerated or disposed in land -fills. 7) Accept all Acceptable Recyclable Material and inspect upon delivery. Delivery will occur 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding legal holidays but including the Saturday following a legal holiday from 7:00 a.m. to 4:00 p.m. After inspection and acceptance, the Acceptable Recyclable Material shall become the property and sole responsibility of the Contractor.. 8) At its sole discretion, reject any load that contains more the 2% of Municipal Solid Waste, Hazardous Waste, Medical Waste, and/or Unacceptable Waste. The Contractor shall notify the Town no later than the next business day if recyclable material is rejected, reason(s) for rejection and how the material was/is to be handled. If applicable, the Town shall arrange for any rejected material to be removed from the Delivery Point. 9) Maintain a well -lit facility with an organized traffic pattern so that tipping is safe for all personnel. Tipping time shall not exceed thirty (30) minutes on a quarterly average. Delivery may be by packer trucks, recycling vehicles, roll -off vehicles, or by any other appropriate vehicle acceptable by both parties. The Town reserves the right to inspect the Delivery Point. The Contractor must operate the facility in accordance will all applicable federal, state and local laws. 10)Notify the Town no later than the next business day if recyclable material is rejected, reason(s) for rejection, and how the material was handled. If Contractor cannot accept recyclable material due to a facility or service failure, not from a Force Majeure event, it shall provide alternative recycling services at no additional cost to the Town, including hauler transportation costs. 11) Maintain, test and recalibrate all scales used to weigh delivery vehicles to ensure true accuracy required by all applicable laws, regulation or guidelines and accepted as standard industry practice when necessary, but at least twice annually, at no expense to the Town. The Town shall be given reasonable notice of such test, and allowed to be present and have the right to observe the weight scale operator provided that it does not interfere with orderly operations. 12) Determine the weight of the material(s) by weighing each delivery vehicle prior to (full) and immediately following disposal (empty) on a scale to be maintained by the Contractor at its expense. Tonnage reports for each calendar month for material accepted shall be submitted to the Town by the Contractor by the fifth business day of the following month. 13) Provide the Town with a quarterly revenue check (if applicable) within thirty (30) days of the close of the prior quarter, with all supporting documentation. The statement shall include all tonnage accepted that was delivered by the Town. 14)On an annual basis, attend one (1) municipal and/or Sustainability Committee meeting. For the term of the contract, participate in up to ten public education efforts by hosting tours or other means. Upon request, assist with Town efforts to implement up to three (ex. rigid plastics, Styrofoam) material composition analyses and/or pilot programs to evaluate program effectiveness or test new developments in processing. If requested by the Town, Contractor shall explain why specific materials are not accepted or seek new markets for new materials.