(A) The county shall collect municipal solid waste (“MSW”), as defined under the regulations to the State Department of Environmental Quality (“DEQ”) from the residents of the town and then transport such solid waste to the Authority for disposal either directly or through a contractor.
(1) The county shall comply with the regulations of DEQ and the statutes of the commonwealth in the collection and transportation of such waste and with the rules and regulations of the Authority as may from time to time either be imposed by statute or regulation governing the operation and licensing of the Authority Landfill or, if not imposed, as duly adopted by the Authority and as the same are hereafter amended. The rules and regulations of the Authority and all amendments hereafter adopted by the Authority as required by the regulatory agencies are hereby made a part of this agreement and enforceable as if fully set forth herein. MSW not conforming to such rules and regulations shall not be collected by the county.
(2) In addition to the residential services described above, the county shall provide also the following:
(a) A dumpster of not less than eight cubic yard capacity at the town’s facilities located on Hwy 21 N., and shall weekly collect, transport and dispose of all MSW placed in said dumpster; and
(b) Shall collect, operate and maintain a recycling effort for the town in accordance and consistent with the adopted county solid waste ordinance. The county shall be compensated for providing the services described in division (A) above as provided in division (D) below. The county shall be responsible for providing all equipment, labor, labor-related expenses, materials, fuel and maintenance incurred in providing this service and shall pay all tipping fees, disposal fees and any and all other expenses incurred in providing this service.
(B) The collection of such MSW shall be by pickup of MSW left on state highway right-of-way in front of or near private residences within town limits at such places as designated by the county. Additionally, the county will arrange the pickup and disposal of large items and recycling in accordance with rules and regulations adopted by the county for county residents not living in the town, as well as providing services stated in division (A) above. The county will not accept, transport or dispose of waste, even if MSW, originating from commercial enterprises or waste generated by special events in the town. The county’s sole obligation under the terms of this agreement is to collect, transport and dispose of MSW originating in private residences within town limits (the “acceptable MSW”). Title to such acceptable MSW shall pass to the county upon collection by the county.
(C) Under no circumstances will the county accept, transport or dispose of hazardous waste, prohibited waste, tires or special waste as those terms are defined either by DEQ regulations or the Authority’s rules and regulations, waste from any commercial enterprise or any waste not acceptable for disposal at the landfill operated by the authority. Should the county discover that it has, inadvertently, collected such waste, it will notify the town, and it will be dealt with in the same manner that the county deals with a person or persons disposing of such materials under the county ordinance (i.e., the county will deal directly with the person or persons so disposing of said materials). The town does not assume any responsibility for the improper disposal of materials by town residents.
(D) As compensation for the services specified in this agreement, town will pay to the county the annual sum of $62,972. Such amount shall be payable in monthly installments of $5,247.67. The first installment shall be due and payable on October 20, 2009, with each installment due on or before the twentieth day of each month thereafter. Payments will be made by check or bank transfer to the county. Failure to make payment by the twentieth of each month shall require the town to pay a late charge to the county of 1.5% of the amount due and failure to pay within 60 days of the date due will entitle the authority to suspend acceptance of waste from the town until payment issues are resolved or terminate this agreement with the penalty payable as herein provided from the town to the county.
(E) This agreement shall be valid for an initial term of five years; provided, however, that either party may terminate and end this agreement, without further liability or penalty upon 180 days’ written notice. Termination by either party without such advance notice will require the terminating party to pay a penalty to the other of $15,743 representing the notice period, provided further that either party may suspend compliance with the terms of this agreement but not terminate this agreement in the event of force majeure, or the occurrence of any other event which due to acts of God, natural disasters or enforcement actions of regulatory entities, including DEQ, render it practically impossible for either party to comply with the terms of this agreement. In addition to any penalty imposed herein, any party in breach of this agreement shall be required to pay any attorney fees incurred by the other party to collect any penalty or enforce any provision of this agreement
(F) On or before January 1, 2013, the parties hereto agree to negotiate in good faith the extension of this agreement for an additional term. It is understood by the parties hereto that the rates as established hereunder will likely increase for such additional term(s) due to increase of costs and expenses.
(G) This agreement shall not be assigned or transferred, and neither party hereto may permit the assignment or transfer of this agreement or the rights and/or obligations hereunder, provided, however, that the county may contract with a third party for the provisions of collection and transportation of waste has herein provided.
(1) This agreement shall not be modified, altered, changed or amended in any respect unless in writing and signed by all parties hereto.
(2) This agreement shall be governed by and construed in accordance with the laws of the commonwealth.
(3) This agreement shall extend to and be binding upon the successors and assigns of the respective parties hereto.
(4) This agreement represents the entire agreement between the parties hereto on the matters contained herein and shall supersede all prior agreements, oral or written on such matters.
(5) This agreement shall become effective on October 1, 2009, and all dates, benefits and requirements hereunder shall commence on that date.
(H) All notices, billings or other communications to be given hereunder shall be in writing and shall be deemed given when mailed by first class mail, addressed as follows:
To County: County Administrator
County of Grayson P.O. Box 217
Independence, Virginia 24348
To the Town: Town Manager
Town of Independence P.O. Box 99
Independence, VA 24348
(Ord. passed 10-13-2009) Penalty, see § 10.99