HomeMy WebLinkAbout2010-043 Solid Waste - Judy D. Brooks Contractor, Inc. - Addendum to Agreement for collection and composting of food and organic waste STATE OF NORTH CAROLINA ADDENDUM TO AGREEMENT FOR
THE COUNTY OF ORANGE 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,through 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 term 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 through June 30, 2013. Terms contained herein that have no
consequence on the overall outcome or cost of the Agreement 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 month. For example, if a single site is collected three times during
the course of a month, 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
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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 on to 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.
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IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals the day and
year first above written.
COUNTY: ATTEST: ,
BY: l. -
Valerie Foushee, Chair Donna S.Baker, Cl r t 52
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vrt ���4�a.
CO CTOR: WITNESS:
.
Sign Q Signature
f'
P ' d Name and Title Printed Name Od 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: OL_M-� UL
Department Dire
Approved as to form and legal sufficiency:
ty Attorney
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STATE OF NORTH CAROLINA
ORANGE COUNTY
I, jr/ jj'l � , a Notary Public for said County and State, do hereby
certify that onna 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 o� day of 2010.
NOTARY = Notary Public f
p U B L!C U1 My Commission expires:
y* NQECO ON`°����
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STATE OF_N Carol /I C:
COUNTY OF 0 hL khc M
I, ��the ,a Notary Public;do hereby certify that,
personally appeared before me.this day and acknowledged
the due ecution of foregoing Agreement.
WITNESS my hand and official seal,this the day of 2010.
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Notary Pubrrc�
Ch°tna c
MY Co ounty Notary Public
mmission expires
10/08/2010
�20� �P My Commission expires: OS Oct 10
CAR
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