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HomeMy WebLinkAboutAgenda - 05-18-2010 - 4eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 18, 2010 Action Agenda Item No. q° ~ E'. SUBJECT: Renewal of Food and Organic Waste Collection and Composting Contract DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Proposed Food and Organic Waste Collection and Composting Contract Addendum Food and Organic Waste Collection and Composting Contract effective July 1, 2005 INFORMATION CONTACT: Gayle Wilson, Solid Waste Mgmt. Director, 968-2885 Pam Jones, Asset Management & Purchasing Services Director, 245-2650 PURPOSE: To renew the contract that enables the County Solid Waste Management Department to provide collection and composting services for separated food waste, organic material and animal bedding to commercial and institutional establishments throughout the County, including for UNC-Chapel Hill. BACKGROUND: Judy D. Brooks Contractor, Inc. of Goldston, North Carolina is a provider of food and organic waste collection and composting services. Brooks Contractor has provided food and organic waste collection and composting services to Orange County since 2001. Brooks provides collection carts, collects food and other acceptable organic waste, and composts it at its facility in Chatham County. In June of 2005, the BOCC approved a contract with Brooks for the provision of food and organic waste collection and composting services. The contract authorized athree-year initial term, with atwo-year extension. In June of 2008 the BOCC approved the two year extension through June 2010. The proposed addendum engages Brooks for aone-year extension through June 2011 as allowed for in the addendum approved two years ago. For FY 2009- 2010, the food waste and animal bedding programs are projected to divert as much as 2,400 tons of compostable material from disposal in the Orange County Municipal Solid Waste Landfill. FINANCIAL IMPACT: The cost will remain at $80.00 per ton for all food waste materials collected. The cost of this contract for Fiscal Year 2010-2011 is estimated at $198,100 annually. This amount is included in the proposed FY-2010-11 Solid Waste Management Departmental Budget. RECOMMENDATION(S): The Manager recommends that the Board approve the renewal of the service contract with Judy D. Brooks Contractor, Inc. to collect and compost food waste and authorize the Chair to sign the renewal. STATE OF NORTH CAROLINA THE COUNTY OF ORANGE ADDENDUM TO AGREEMENT FOR RECYCLING SERVICES Addendum to that certain Agreement effective July 1, 2005 between The County of Orange, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and Judy D. Brooks Contractor, Inc., a North Carolina Corporation, (hereinafter "Contractor") for the collection and composting of separated food and organic waste from selected businesses and other locations in Orange County North Carolina. In consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Agreement as follows: Term of Agreement: Section 2 of the Agreement is amended as follows: The renewal term of the Agreement will be for one (1) year unless otherwise agreed by the parties: the period from July 1, 2010, tluough June 30, 2011 (hereafter referred to as initial term) assuming that funds are appropriated annually and the performance of Contractor is satisfactory. The level of performance expected is defined in this addendum and the associated Agreement. Assuming that neither County nor the Contractor desire to alter the material terms of the Agreement, and the continuation of this Agreement beyond the initial terns is desired by both County and the Contractor, this Agreement may be extended for an additional renewal term of two years, or from July 1, 2011 tluough June 30, 2013. Terms contained herein that have no consequence on the overall outcome or cost of the Agreernerrt may be amended during the course of this initial or any subsequent renewal term through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement may be executed or a new contract may be signed. Cost of Service: Section 4 of the Agreement is amended as follows: The cost of Food Waste Collection Services for FY 2010-2011 shall be $80.00 per ton for all materials collected. This rate shall remain in effect regardless of the total cumulative amount of material collected during the term of the Agreement. The cost of service for Animal Bedding Collection Services for FY 2010-2011 shall be a flat rate of $43.00 per collection per montlr. For example, if a single site is collected three times during the course of a montlr, this shall represent (3) collections billed at $43.00 each. The cost of service for Animal Bedding Sites is independent of the amount (tonnage) of materials collected. When providing Food Waste Collection Services, when and if the Contractor uses compostable liners, Contractor may charge County $1.00 per liner or bag. Charges for compostable liners will 3 be itemized as a separate line on the monthly invoice for services performed under this Agreement. County may require the Contractor to provide a liner usage report for any month(s) that Contractor invoices the County for using compostable liners. County and Contractor agree that this "per bag" or "per liner" fee shall represent a fair approximation of the actual unit cost of the purchase price of the compostable bags or• liner plus a small handling fee. If Contractor is able to negotiate purchase of compostable liners at a reduced rate during the course of the year, Contractor agrees to pass savings onto County by reducing the "per liner" fee accordingly. The per-ton cost of service for Food Waste Collection for future Fiscal Years will be negotiated annually, with any increase in the per-ton cost not to exceed an inflation factor of three percent (3%). The cost of Animal Bedding Collection for future Fiscal Years will be negotiated annually, with any increase not to exceed an inflation factor of three percent (3%). The per-bag or per-liner cost for compostable Liners for future Fiscal Years will be negotiated annually, with the intention of keeping the cost that the Contractor charges County in line with Contractor's actual unit cost plus a small handling fee. The per-bag cost may increase or decrease depending on the actual unit cost paid by Contractor. County may request documentation of Contractor's actual costs at time the per-bag price is established each year. Full Force and Effect Except as amended by this Addendum, the Agreement shall remain in full force and effect. 4 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Valerie Foushee, Chair CONTRACTOR: Signature Printed Name and Title ATTEST: Donna S. Baker, Clerk to the Board WITNESS: Signature Printed Name and Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director Approved as to technical content: Approved as to form and legal sufficiency: Depat2ment Director County Attorney 3 5 STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Donna S. Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Valerie P. Foushee, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2010. Notary Public My Commission expires: STATE OF COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me.this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of 2010. Notary Public My Commission expires: State of North Carolina County of Orange Agreement for Recycling Services FOOD «'ASTE AND ORGANIC WASTE COLLECTION AGREEI\~NT between T1~ COCJNTY OF ORANGE, North Carolina and Judy D. Brooks Contractor Inc. of Goldston; North Carolina The County of Orange, North Carolina, on behalf of its Department of Sofid Waste Management, .(hereinafter "County"), desires to hire Judy D. Brooks Contractor Inc.- of Goldston, NC (hereinafter "Contractor") to provide collection of separated food and org"airic waste from selected businesses or other locations in Orange County North Carolina. ("Food and Organic Waste Collection. Services") as defined herein; and WHERBAS, Judy D. Brooks. Contractor Inc. desires to provide Food and Organic Waste Collection Services as defined herein; NOW, THEREFORE, the County and Judy D. Brooks, Contractor Inc. do hereby agree as follows: SECTJON 1 For purposes ofthis Agreement, the following terms shall apply: . Anirnal Bedding: A type of Compostable Organic Waste that is used as bedding material for Anhnals in stalls azrd cages. Animal Bedding consists of corn-cobs (Bed-o-cobs), newspaper (Paperchip), hudwood. (sari Chips), animal droppingslexcrerrieht, and uneaten food from non-hazardous research ammat cages. Animal Bedding is Less than 5% manure. Base Tonnage: Food Waste and other Compostable Organic Materials collected subject to the standard "per ton" collection rate as specified in Section 4, Cost of Servrce. Compostable Organic Material: (also known as Organic Waste) any material mutually agreed upon by County-and Conhactor that can separated by the Gerierator for collection and can be decomposed by standard biotic and mechanical practices to produce Compost. ' Fiscal Year: shall refer to the time period beginning July lst of any year and ending June 30a' of the following year. County budget cycle and program planning shall be based on this time period. Food Waste: All separated waste food and any other source-separated Compostable Organic Material that may be mutually agreed upon by Contractor and County to be collected as part of this food waste collecton agreement. Food Waste Collection Containers: Outdoor containers provided by the Contractor, County, or Generators to meet any applicable health standards to be used by Generators to set out their Food Waste and provided pursuant to this Agreement. Generator: Any commercial or institutional concern in Orange County providing a volume of acceptable source-separated, uncontaminated food vraste or other identified Compostable Organic Material for cost- effectivecollection as determined bythe parties to this agreement; Processing Center: Location where Food Waste and other Compostable Organic Material is composted and otherwise processed for use as compost. SECTION 2 The term of the contract will be for three (3) years unless otherwise agreed by the parties; the period from 7uly 1, 2005, through June 30, 2008 (hereafter referred to as initial team) assuming That funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this conhact. This contract maybe extended and/or expanded following the.initial teen for a period o$two (2) additional years assuming that the project is successfiil, that County recommends,continumg the program, uid that funding is approved annually through the approval of the overall Department of Solid Waste Management budget. After the additional two (2) year term, contract extension may be negotiated yearly. Certain terms of this contract may be subject to change annually pending notice to the Conffactor:.and successful negofiafion between the Contractor and County. SECTION 3 Contractor shall perform Food Waste and Compostable Organic Waste Collection Services in Orange County as follows and as is further defined throughout this document. For the sake of billing and record keeping, Food Waste Collection Services and Animal Bedding Collection Services shall be considered'separate sub-programs, both managed by this Agreement. Food Waste Collection Services: Food Waste and other acceptable Compostable Organic Material is to be separated. and prepared for collection by Generator. Only Food Waste or other materials agreed upon by the parties and placed m Food Waste Collecfion Containers} or stacked in another approved location shall be collected. Those services to be performed by Contractor include: (a) the scheduled collection of Food VTaste from locations specifically designated by the parties (see Attachment A); (b) processing of Food Waste which includes: the composting, blending, cm-ing and proper preparation of Food, Waste for use as compost; (c) keeping accurate and thorough records of the volume or weight of materials collected weekly, and the number and type of customer complaints; and (d) ensuring that properly separated Food Waste will not be landfilled:: Collections may take place anywhere agreed upon by the parties to this Agreement with the cooperation ofthe Generator; Contractor shall collect and remove Food Waste on an agreed upon schedule between the County, Contractor and Generators three times per week typically including Monday and Friday. All separated Food Wastes and other specified materials mutually agreed upon by Contractor and the County, shall be collected and removed unless otherwise agreed to in advance. Said materials must be properlyprepared and separated by Generator and placed in Food Waste Collection Containers or other designated separation method, at the designated Generator site or from some other specifically defined location. The County, Contractor, or Generators shall provide Food Waste Collection Containers at all sites for collection of separated Food Wastes, and other Compostable Organic Materials. Provision may be made for collection of other material that can be processed as compost feedstock. These collected materials may be combined with other separated compostable materials by the Contractor to make marketable compost, ifpermitted Animal Bedding Collection Service: Contractor will service Animal Beddurg sites as identified on Attachment B. The materials collected from Animal Bedding Collection Locations will be collected and managed in the same manner as Food Waste, and will be co-composted with Food Waste and other Corimpostable Organic Materials. The Animal Bedding collected will be non-hazardous. Bedding fiom animals heated with hazardous materials such as radioactive materials, pathogens, and/or chemical carcinogens will not be included in the Animal Bedding collection containers. Animals used at the UNC Department of Laboratory Animal Medicine aze rigorously screened for zoonotic diseases and trial 'studies indicate that the bedding reaches pasteurization temperatures when composted. When measuring the volume or weight.of F.ooii Waste or Animal Bedding materials collected, the weights are to be based on weighing of the Collection Containers at each collection at each location. If weight is to be estimated, weight samples shall be based on three weighings at each collection location with three containers full of food waste and other compostable organic materials and or total truck weight minus tame weight after pick-up route is complete on state-approved truck scales. Future weight projections are to be based on the volumes displaced during the three weighings. For example, if a fu1120-gallon container weighs 180 pounds; then the weight pei gallon is 9 lbs.lgallon. That per=gallon density would then be multiplied by estimated volumes of matenals collected for future weight estimates, SECTION 4 (:ost of Serwire The cost of Food Waste Collection Services for FY 2005-2006 shall be $77.25 per ton for the first 1,600 tons collected. The first 1,600 tons collected shall be known as the "Base Tonnage." Tf the amount of material collected during the course of a FY exceeds the base tonnage (1,600 tons for FY 2005-2006), then the per- toncost ofservice for the tonnage collected beyond that shall be reduced by $20.00 per ton, or $57;25 per ton for FY 2005-2006. The cost of service for Animal Bedding Collection Services for FY 2005-2006 shall be a flat rate of $40.00 per collection per month. For example, if a single site is collected three times dm-ing the course of a month, this shall represent three (3} collections billed at $40.00 each. The cost of service for Animal Bedding Sites is independent of the amount (tonnage) of materials collected. The per-ton cost of service for Food Waste Collection for future Fiscal. Years will be negotiated annually, with any increase in the.per-ton cost not to exceed an niflation factor of tluee percent (3%). This inflation factor, if any; shall also be applied to the cost of services for tomiage beyond the base tons. Additionally, the base tonnage beyond which the County receives acost-per-tori price break (1,600 tons for FY 2005-2006) shall be allowed to inflate annually, and this "base tonnage" price break pointbeyond which the County receives a reduced. cost of service shall be negotiated between County and Contractor. The cost of Animal Bedding Collection for fuhse Fiscal Years will be negotiated almually, with any increase not to exceed an inflation factor of three percent (3%}. 9 SECTION 5 ('nllPrtinn T ccations, C'nllerfinn T+Yeanenrv Time of (`ollrrticn and Holiday 4chr'du1P Food Waste Collection Locations are listed on Attachment A. The number of sites serviced may be increased by mutual consent of the County and the Contractor. In general, a site shall be expected to generate a minimum of two tons per month to be added to the program, though exceptions may be made based on mutual agreement of County and Contractor. The Food Waste collection locations at which these services are performed may include any or all of the Generators listed in Attachment A, and any other Generators agreed on by mutual consent of the County and the Contractor. Other Iocafions that are anticipated to generate a minimum of two tons per month maybe added to the program. Contractor shall service the Food Waste Collection Locations three times per week, unless othervnse agreed to in advance. The County shall notify the generators of this schedule. Animal Bedding Collection Locations and Collection Frequency are listed on Attachment B. Specific Animal Bedding collection sites and the frequency of collection service given to each site may change by mutual consent of County, Contractor, and UNC-Chapel Hill. County reserves the right to reduce the number of service locations for Animal Bedding and/or Food Waste Collection at its own discreflon. Additionally, collection locations maybe added to either service based on mutual agreement of County and Contractor. .. Collections at Animal Bedding and Food Waste Collection Sites shall fake place in such a time and manner as -not to dismpt normal business activity, general safety, pedestrian traffic, or vehicular traffic at the collection location. Holiday collection schedules may vary, and certain locations may not require pickups during holidays. Holiday Schedules for individual sites and specific holidays shall be negotiated on acase-by--case basis. Contractor shall not fail to maintain regular collection schedule without poor knowledge and approval of County. SECTION 6 C'nllectinn Containers The.County, Contractor, or Generator shall provide Food Waste Collection Containers as agreed to by the patties. The containers shall be of a type approved by the County and Contractor and meeting all applicable health codes and standards Contractor shall rinse Collection Containers upon each collection. The title to the Food Waste Collection Containers shall remain with their owners. The Generators shall have responsibility for the replacement of the Food Waste Collecfion Containers if they are lost, stolen, damaged oi• destroyed, except as caused by action of the Contractor or County. The County or Contractor shall supply additional Food Waste Collection Containers as needed for additional volume, but not as replacements where the County or Contractor was not at fault for loss or damage. The County will be responsible for maintenance and replacement parts or repairs of those containers provided by the County. Contractor or Generator will be responsible for maintenance and replacement parts or repairs of those Containers provided by the Contractor or Generator respectively. All Animal Bedding Collection Containers shall be provided by and be the property of iJNC-Chapel Hill. Contractor shall be responsible for damage to the contamers incurred during collection, with the. exception of normal wear and tear. 10 SECTION 7 Contractor shall transport the collected materials to its Processing Center. Contractor shall take title and have access to the collected materials upon placement in the collection container by participating Generators in accordance with Section 3. Contractor shall be responsible for processing collected materials and shall retain all of the benefits from use of this material. SECTION 8 Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all Labor and equipment required to perforarr collection of separated food waste and other compostable organic materials pursuant to this Ageement. SECTION 9 - In case of a missed pick-up reported by the County or a Generator, Contractor shall collect from the missed collection location within 24 hours or the next working day following`notitication if the Food Waste and other Compostables were properly prepared and accessible at regularly scheduled collection time. All calls relating to missed pick-ups shall be logged by Contractor and reported to County with the montldy invoice. The log book shall be available for inspection by the County. ' SECTION 10 Refirsal to Pick TTn Contractor may refuse to collect if a Generator. does not properly separateFood~Waste materials, or if the Food Waste Collection Containers are inaccessible. At the time of refusal to make the pick-up, Contractor will issue, at its expense, a written notice to the Generator that contains inspections for the proper preparation and separation of Food Waste materials. The County must receive written, faxed, email, or verbal notification of this refusal within 24 hours of issuance to the generator. If the Contractor misses or refuses to collect properly sorted and prepared materials from agreed to collection sites without the above justification, the Conhactor is subject to a fine of $25 per refused site per scheduled collection. The charge may be deducted from the monthly bill. If a Generator receives two such successive notices within a period of 30 days, Contractor, after obtaining consent from the County, may refuse all further collections from that Generator upon notice to the Generator and the County. Any replacement location shall be agreed upon jointly by Contractor and the County. SECTION 11 Contractor may maintain a Processing Center fox composting separated Food Wastes at its facility located in Chatham County or at another properly permitted facility of its choice. All Food Waste and Compostable Organic ViTaste materials collected from Generators will be processed into compost at the Processing Center. Title to collected materials brought to the Processing Center shall be with Contractor and Contractor shall have the responsibility for the proper processing and use of such collected materials. Storage of Food Waste 11 or other Compostable Organic Waste Material at the Processing Center shall be limited to that which can be properly contained pursuant to permits issued by the State of North Carolina or other govemmentthat has jurisdiction over other processing location. Conhactor shall notify County Representatives, in writing, not less than 30 days prior to any relocation or alteration of pemut of the food waste processing and composting center. SECTION 12 The County and Generators with assistance from Contractor shall develop and implement a Public Awareness Program. The County, with assistance from the Generators and Contractor, may develop signs for collection containers that ttre County or Contractor may place on the tops of Food Waste Collection Containers and with other promotional material for use by the program to ensure proper separation and publicity for participants. . SECTION 13 ~nm= rn cafinn fnr Srrvicec The County agrees to make monthly payments to Contractor within 30 days of receipt of each accurate invoice; including weights or volumes and collection records. SECTION 14 PrntPrfion of 4eparafrd T~'onrf Wactes The County agrees, with cooperation of the Generators involved, to take such steps as reasonably maybe necessary to protect Contractor's ownership 4f all Food Waste materials placed at the designated area for collection by Contractor under the terms of this Agreement. Food Waste Collection Contamers may be labeled to indicate ownership of the Container, and the Containers may be further labeled to indicate that the contents are property of the Contractor once the material has been properly prepared and set out for collection. SECTION 15 Contractor, at its sole cost and expense, shalt maintain throughout the term of this Agreement all pernuts, licenses and approvals necessary or requued to perform the work and services described herein, including but not limited to the collection of food waste materials and operation of the Processing Center for (hose materials. SECTIOI~T 16 Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the County, Contractor shall have exclusive control of and the exclusive right to control the details of the servrces and work performed hereunder and all persons performing the same and nothhrg herein shall be constructed as creating a parhrership or joint venture between the County and Contractor. No person perfommng any of the work or services described hereunder 12 shall be considered an officer, agent, servant or employee of the County, and no such person shall be entitled to any benefits available or granted to employees of the County. SECTION 17 Neither Contractor nor the County shall assign, transfer, convey, or otherwise hypothecate this Agreement or their riglits, duties or obligations ereunder, or any part thereof without the prior tvr7tten consent of the other, such consent not to be unreasonably withheld. SECTION 18 C'omnlian~P with T aws and Reg~ilafinns Contractor agrees that, in the operation of the collection services and Processing Center and the performance of work acid services under this Agreement, it will qualify under and comply with any and all federal, state and local laws and regulations now in effect, or hereafter enacted during the term of this Agieement, which are applicable to Contractor, its employees, agents or subcontractors, if airy, with respect to the work and services described herein. SECTION I9 -- Saftifv Contractor certifies that it has appropriate safety policies in effect, and that Contractor fakes all reasonable and necess-aty measures fo protect Contractor's employees and the citizens of Orange County. Additionally, Contractor certifies that its employees are fully informed of said safety policies SECTION 20 Contractor shaIl obtain and maintain throughout the term of this Agreement, at Contractor's sole cost and expense, not less than the insurance coverage set forth below: (a) Workere' ('.mm~enaatinn Coverage A - Statutory Coverage B - $500,000 (b) C'mm~rrhrneivP Anfmm~hile T iahility Bodily Injury - $1,000,000 eachperson - $1,000,000 each accident Property Damage - $1,000,000 each accident to include coverage for all owned, non-owned, leased and hired collection vehicles. (c) Bodily Injury Property Damage $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each occurrence $1,000,000 aggregate 1S SECTION 21 Contractor agees to defend, indemnify, and hold harmless the County from all loss, liability, claims or expense (including reasonable attorneys' fees} arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent same are caused by the negligence or misconduct by the County. The County agees, to the extent allowed by law, to defend, indemnify, and hold harmless contractor from all loss, liability, claims or expense (including death or property damage; to any person or persons caused in whole or in part by the negligence or willful misconduct of the County except to the extent same are caused by the negligence or misconduct by Contractor. Special Requirements The Contractor's insurance company is to submit a certificate of insurance stating that the County of Orange is to be named as a certificate holder on the automobile and comprehensive general liability policies in lieu . of being named as an additional insured. Current valid insurance policies meeting the requirements herein idenfified shall be maintained for the duration of the named project. There also shall be a 30-day notification to the County in event of cancellation of coverage or modification of any stipulated insurance coverage. Actual insurance policies or copies certified by an individual • authorized by the insurance company meeting the requhed insurance -- provisions shall be forwarded to the County. It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same insurance requirements as the general contractor. If the Contractor does not meet the insmrance requirements, alternate insurance coverage satisfactory to the County may be considered, SECTION 22 (a) In the event Contractor materially defaults in the performance of any of the material covenants or ageements to'be kept, done or performed by it undet the terms of this Ageement, the County shall notify Contractor in writing of the nature of such default. Within 15 days following such notice: 1. Contractor shall correct the default; or 2. In the event of a default not capable of being corrected within 15 days, Conhactor shall commence correcfing the default within 15 days of the County's notification thereof, and thereafter coneet the default with due diligence. (b) If Contractor fails to correct the default as provided above, the County, without further notice, shall have all of the following rights and remedies, which the County may exercise: The right to declare that this Ageement, together with all rights gamed Contractor hereunder, is terminated effective upon such date as County shall designate; 2. The right to license others to perform the services otherwise to be performed by Contractor, or to perform such services itself; and In the event of a default not capable of being corrected because of damage to the Processing Center, due to force majeure, the County may allow Contractor to deliver collected materials to a suitable temporary location for conducting processing services 14 or suspend services. 4. Contractor may terminate with cause after a 30 day notice. SECTION 23 All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and retwv receipt requested, to the parties as follows: To the County of Orange: Orange County Department of Solid Waste Management PO Box 17177 Chapel Hill NC 27516 Attn: Robert Taylor To Judy D Brooks & Dean Brooks Judy D. Brooks Contractor, Inc. 1195 Beal Road GoIdston, NC 27252 SECTION 24 Contractor shall maintain its books and records related to- the performance of this Agreement in accordance with the following minimum requirements: (a) Contractor shall maintain any and atl ledgers, books of account, invoices, vouchers.and cancelled checks, as well as all other records or documents evidencing or relating. to charges for services, expendihn~es or disbursements borne by the County for a minimum period of three years, or for any longer period required by law, fi~om the date of final payment to' Contractor pursuant to this Agreement. (b) Contractor shall maintain all documents and records that demonstrate performance -under .this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion'of this Agreement. (c) Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time, during regulaz business hours, upon written request by a County representative at Conhactor's address indicated for receipt of notices in this Agreement. (d) Contractor shall provide monthly project reports to the County during the contract period, to be due within 15 working days of the end of the previous monthly period, At a minimum, the reports shall include: ' • Summaries of the volume or estimate of weight of all sepuated food waste. materials collected in this program; • Participaflon rates interns ofmonthtyweight or volume counts by locations; and • Description of program progress, including any collection complaints or other problems encountered, and how they were resolved. (e) Contractor shall provide a Contract Term Summary Report to be due within 30 days of the end of each fiscal year (June 30}. At a minimum the report shall include: ® A collated summary of the weights or volume estimates; 15 ~ A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and participafion; and ® Summary of complaint calls by number and type. SECTION 25 Contractor's performance hereunder maybe suspended and his obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond the reasonable control of Contractor, unless such cause or causes are the sole result of action or nonachon by Contractor. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage; lack of adequate fuel, power or raw materials; judicial, adminishative or governmental laws, regulations, requirements, rules, orders or actions; injunctions or restraining orders; the failure of any govermnental body to issue or grant, or the suspension or revocation or modification of any license, permit or other authorization necessary for the conshuchon andlor operation envisioned by this Agreement; national defense requirements; labor strikes, lockout or injunction. SECTION 26 A waiver of anybreach of auy provision of this Agreement shall not constitute or operate as a waiver of any breach of such provision or of any other provisions, nor shall any failure to enforce anyprovision hereof operate as a waiver of such provision or of any other. provision.. SECTION 27 p,aw to (T`nverm, This Agreement is entered into and is to be performed in .the State of North Carolina. The.County and Contractor agree that the law of the State of North Carolina shall govern the tights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. SECTION 28 Section headings inserted herehr are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 29 This Agreement may be modified or amended only by a wri#en agreement duly executed by the parties hereto or their representatives. io 16 SECTION 30 ('nop rating trip Parties Whenever consent, action or inaction is required, such consent, action or inaction will not be withheld unreasonably by either party. SECTION 31 ,. 4ever~ahility • The invalidity of one or more of the phiases;'Sentences; clauses or Sections contained in this Agreement shall not affect the validity of the remammg portto'p of the, Agreement so long as the material purposes of this Agreement can be detemuned and implemented;;; . ` SECTION 32 This Agreement shall be binding upon the parties hereto, their successors and assigns. SECTION 33 Enfirety This, Agreement and any aftachments attached hereto contain the entire Agreement between the parties_a~ tos the matters contained herein: Any oral representations or modifications concerning this Agreemeut;sliatl be; of no force and effect. ,' it 17 IN TESTIMONY WHEREOF, the parties have hereunfo set thezr hands and seals the day and year first above written. COTJNTY: i~ This i,~stiument has been pre-audited in the manner required by the Local Govertunent Budget and Fiscal i Con~rol Act. ~~-~ Finance irector 12 CONTRACTOR: WITNESS: 18 STATE OF NORTH CAROLINA ORANGE COUNTY I, ,~~~!'/ ~f'~G~rv , a NotaryPublic for said County and State, do hereby certify that onna S. Baker -appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as fhe act of Orange County, the foregoing inshument was signed in ifs name by Moses Carey, Chau, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the _~ day of GAG( 2005. ~G~ / NotaryP lic My Commission expires; /© ' / 3 ~ U 9 ~~p~ ,1~ , STATE OF QY'1'Y 1 C@'(~Ct~1~' - r COUNTY OF ~S'L~a-(~, I> 3d- nne~.~aU >aNotaryPublio,doherebyceitifythat (,t1 i 1 I fQ m ~3P4Y~f~YUc~ICSperso ally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the ~. ~P day of ~ l.t. 2005. N ry Public V ~ .+ My Commission expires: I ~'-IJ~ °:="`~. JO•ANNE G, ROY 3 ~Nofory Pubilo, North Corollna - g Orange County My Commleslon Expires a •--3-0 13 ..: 19 Attachment A Locations from which Food Waste and other Compostable Organic Materials are to be collected: Weaver Street Market, Carrboro . 411 West Restaurant GranvIlle Towers Top of the Hill Restaurant Bread Basket (lFC Community Shelter) Breadmen's Restaurant Carolina Brewery and Restaurant Flying Burrito Restaurant Carol Woods Retirement Community Margaret's Cantina Squids Restaurant Chapel Hill Catering K 8c W Restaurant Aurora Restaurant Whole Foods Grocery Store Weaver StreetMarket, Southern Village Dips Kitchen Restaurant Lenoir Dining Hall The Friday Center Rams Head Dining Hall Harris Teeter Store #117 Harris Teeter Store #223 14 20 Attachment B Collection Locations and Collection Frequency for Animal Bedding Collection Services: Da~rie- Wilson Hall- Beard- McGavran-Greenberg- Benyhill- Glaxo- BSRC- MBRB- Taylor- Dental School- FLOB- Thurston- Bowles- Francis Owen Blood Lab- Once every other week Ouce every other week Once per week Once per week Twice per week Once every other week Twice per week Twice per week Once per week Once per week Twice per week Twice per week Once per week is