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HomeMy WebLinkAbout2000 S Solid Waste - Approval of Food Waste Collection and Composting Contract with Brooks Contracting FOOD WASTE COLLECTION AGREEMENT between THE COUNTY OF ORANGE, North Carolina and Judy D. Brooks Contractor Inc. of Goldston, North Carolina The County of Orange, (hereinafter "County") desires to hire Judy D. Brooks Contractor Inc. of Goldston, NC to provide collection of separated food waste from selected businesses or other locations in Orange County North Carolina. ("Food Waste Collection Services") as defined herein; and WHEREAS, Judy D. Brooks. Contractor Inc. desires to provide Food Waste Collection Services as defined herein; NOW,THEREFORE,the County and Judy D. Brooks, Contractor Inc. do hereby agree as follows: SECTION I Definitions For purposes of this Agreement,the following terms shall apply: Business: Any commercial or institutional concern in Orange County providing a volume of separated, uncontaminated food waste for cost-effective collection as determined by the parties to this agreement; Contractor: Judy D. Brooks Contractor Inc. Or DBA/Brooks Contractor Food Waste: All separated food waste and any other materials that may be agreed upon collected at any businesses that may be mutually agreed upon by Judy D. Brooks Contractor and the County as part of this food waste collection agreement. Food Waste Collection Services: Those services to be performed by CONTRACTOR follows: (a)the scheduled collection of food waste from locations specifically designated by the parties; (b) processing of food waste which includes the composting, blending, curing 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 contract with the cooperation of the businesses; Food Waste Collection Containers: Outdoor containers provided by the contractor, County, or businesses to meet any applicable health standards to be used by businesses to set out their food waste and provided pursuant to this Agreement. 1 Generator: any establishment producing acceptable source separated compostable material desired by the Contractor Preparation: Proper and sanitary preparation of all food waste and other materials as compost. Processing Center: Location where separated food waste is composted and otherwise processed for use as compost. Separated: Only food waste or other materials agreed upon by the parties and placed in Container(s) or stacked in another approved location; SECTION 2 Term of Agreement The term of the agreement will be for the period from July 1,2000,through June 30, 2001, assuming that the performance of the contractor is satisfactory. The level of performance expected is defined below. This service may be extended if the Orange County Board of Commissioners approve funding for each annual term of the contract,through their approval of the overall landfill and recycling budget. Certain terms of this contract may be subject to change annually, pending notice to the contractor and successful negotiation between the contractor and the County. Actual costs for future years are to be negotiated annually. SECTION 3 Scope of Services Contractor shall perform Food Waste Collection Services in Orange County as follows: Contractor shall collect and remove upon an agreed upon schedule between the County, Contractor and generators three times per week including Monday and Friday, all separated food wastes and other specified materials mutually agreed upon by Contractor and the County, unless otherwise agreed to in advance. Said materials must be properly separated 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 food waste collection locations at which these services are performed may include any or all the businesses listed in attachment A, and any other generators agreed on by mutual consent of the County and the Contractor. At a minimum, food waste shall be collected from those generators in Attachment A. Other businesses that generate a minimum of two tons per month may be added to the program. SECTION 4 County's Representatives The County's Representative, for purposes of this Agreement, shall be Joe Clayton, County of Orange Solid Waste Management Department, PO Box 17177 Chapel Hill,NC 27516. Phone numbers 969-2072 or 968- 2788. The contract shall be between Judy D. Brooks Contractor Inc. and the County of Orange. 2 SECTION 5 Time of Collection Contractor shall collect the food waste, segregated and placed in the containers for collection,three times per week, unless otherwise agreed to in advance. The County shall notify the generators of this schedule. Holiday schedules may vary and certain locations may not require pickups. These establishments will be agreed to by the contractor and County representatives. Collection shall take place in such a manner as not to disrupt normal business activity, general safety, pedestrian or vehicular traffic. SECTION 6 Collection Containers The County, the contractor or business shall provide food waste collection containers as agreed to by the parties. The containers shall be of a type approved by the County and Contractor and meeting all applicable health codes and standards. These businesses shall include at least those exceeding two tons per month of compostables and now receiving compostables collection service per attachment A, or as agreed to by the parties. The title to the containers shall remain with their owners. The businesses shall have responsibility for the replacement of the food waste collection containers if they are lost, stolen, damaged or destroyed except by action of the contractor or County. The County or contractor shall supply additional 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. SECTION 7 Transportation of Collected Food Wastes Contractor shall transport the collected food waste materials to its processing site. Contractor shall take title and have access to the food waste materials upon placement in the bin _by participating businesses in accordance with Section 3 and shall be responsible for processing separated food wastes and shall retain all of the benefits from use of this material. Separated food wastes shall be the property of Contractor. SECTION 8 Labor and Costs Contractor shall, at his sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform collection of separated food waste materials pursuant to this Agreement. SECTION 9 Missed Pick-Up In case of a missed pick-up reported by the generator, Contractor shall collect the separated food waste from 3 such a business within 24 hours or the next working day following notification if the food waste and other compostables were accessible at collection time and properly prepared. All calls relating to missed pick-ups shall be logged by Contractor and reported with the monthly invoice. The log book shall be available for inspection by the County. SECTION 10 Refusal to Pick Up Contractor may not pick up if a business does not properly separate food waste materials or if the containers are inaccessible. At the time of refusal to make the pick-up, Contractor will issue, at his expense, a written notice to the generator, which contains instructions for the proper 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 Contractor is subject to a fine of$25 per refused site per scheduled collection. The charge will 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 pick-ups of food waste materials 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 Processing Center Contractor may maintain a processing center for composting separated food wastes at his facility located in Chatham County or at another properly permitted facility of his choice. All food waste materials collected from genarators may be processed at the Processing Center. Title to food waste materials brought to the Processing Center shall be with Contractor and Contractor shall have the responsibility for the proper processing and use of such food waste materials. Storage of food waste materials 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 government which has jurisdiction over other processing location. Contractor shall notify County Representatives, in writing,not less than 30 days prior to any relocation or alteration of permit of the food waste processing and composting center. SECTION 12 Public Awareness and Business Education and Training Program 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 containers that the County may place on the tops of food waste bins and with other promotional material for use by the program to ensure proper separation and publicity for participants. SECTION 13 Compensation for Services 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. The weights are to be based on weighing of 4 the 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 materials and or total truck weight minus tare weight after pick-up route is complete on state-approved truck scales. Future weights are to be based on the volumes displaced during the three weighings. For example, if a full 20-gallon container weighs 180 pounds, then the weight per gallon is 9 lbs./gallon: That density would be used for future estimates. Payment for services from July 1, 2000, through June 30, 2001 shall be $60,000 per year,paid at the monthly rate of$5,000 per month, inclusive of all costs associated with the food waste collection program. If the yearly tonnage exceeds 750 tons, an additional fee of$55 per ton inclusive, shall be paid by the County to the contractor for the additional services. The contractor will be credited with a two ton minimum against the yearly 750 ton total at any location not generating two tons per month. The County, contractor or generators shall provide containers at all sites for collection of separated food wastes and other compostable 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, if permitted. SECTION 14 Protection of Separated Food Wastes The County agrees, with cooperation of the generators involved, to take such steps as reasonably may be necessary to protect Contractor's ownership of all food waste materials placed at the designated area for collection by Contractor under the terms of this Agreement. Contractor may label the containers to indicate that the containers are the County's property and contents are his property once set out for collection. SECTION 15 Permits and Licenses Contractor, at his sole cost and expense, shall maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required 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 those materials. SECTION 16 Independent Contractor 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 services and work performed hereunder and all persons performing the same and nothing herein shall be constructed as creating a partnership or joint venture between the County and Contractor. No person performing any of the work or services described hereunder 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. 5 SECTION 17 Non-Assignment Neither Contractor nor the County shall assign,transfer, convey, or otherwise hypothecate this Agreement or their rights,duties or obligations hereunder, or any part thereof without the prior written consent of the other, such consent not to be unreasonably withheld. SECTION 18 Compliance with Laws and Regulations Contractor agrees that, in the operation of the pick-up services and Processing Center and the performance of work and services under this Agreement,he 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 Agreement, which are applicable to Contractor, his employees, agents or subcontractors, if any, with respect to the work and services described herein. SECTION 19 Insurance Contractor shall 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) Workers' Compensation Coverage A Statutory Coverage B $500,000 (b) Comprehensive Automobile Liability Bodily Injury $1,000,000 each person $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 $1,000,000 each occurrence $1,000,000 aggregate Property Damage $1,000,000 each occurrence $1,000,000 aggregate SECTION 20 Indemnity Contractor agrees 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 agrees, to the extent allowed by law, to defend, indemnify, and hold harmless contractor from all 6 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 identified 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 required 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 insurance requirements, alternate insurance coverage satisfactory to the County may be considered. SECTION 21 Termination (a) In the event Contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, 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, Contractor shall commence correcting the default within 15 days of the County's notification thereof, and thereafter correct 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: 1. The right to declare that this Agreement, together with all rights granted 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 3. 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 provide Contractor with a suitable temporary location for conducting processing services. 4. Contractor may terminate with cause after a 30 day notice. SECTION 22 All notices required or contemplated by this Agreement shall be personally served or mailed,postage prepaid 7 and return receipt requested,to the parties as follows: To the County of Orange: Solid Waste Management Department PO Box 17177 Chapel Hill NC 27516 Attn: Joe Clayton To Judy D Brookds&Dean Brooks Judy D. Brooks Contractor, Inc. 1195 Beal Road Goldston,NC 27252 SECTION 23 Records and Reports 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 all ledgers, books of account, invoices, vouchers and cancelled checks, as well as all other records or documents evidencing or relating to charges for services, expenditures or disbursements borne by the County for a minimum period of three years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. (b) Contractor shall maintain all documents and records which 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 regular business hours, upon written request by a County representative at Contractor'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 separated food waste materials collected in this program; • Participation rates in terms of monthly weight 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 Tenn Summary Report to be due within 30 days of the end of the fiscal year June 30,2001. At a minimum the report shall include: • A collated summary of the weights or volume estimates, • A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and participation;and • Summary of complaint calls by number and type. 8 SECTION 24 Force Maieure Contractor's performance hereunder may be 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 nonaction 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, administrative or governmental laws, regulations, requirements, rules, orders or actions; injunctions or restraining orders; the failure of any governmental body to issue or grant, or the suspension or revocation or modification of any license, permit or other authorization necessary for the construction and/or operation envisioned by this Agreement; national defense requirements; labor strikes, lockout or injunction. SECTION 25 Waiver A waiver of any breach of any 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 any provision hereof operate as a waiver of such provision or of any other provision. SECTION 26 Law to Govern 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 rights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. SECTION 27 Titles of Sections Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 28 Amendment This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives. SECTION 29 Cooperation Among the Parties Whenever consent, action or inaction is required, such consent, action or inaction will not be withheld 9 unreasonably by either party. SECTION 30 Severability The invalidity of one or more of the phrases, sentences, clauses or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement so long as the material purposes of this Agreement can be determined and implemented. SECTION 31 Successors and Assigns This Agreement shall be binding upon the parties hereto,their successors and assigns. SECTION 32 Entirety This Agreement and any attachments attached hereto contain the entire Agreement between the parties as to the matters contained herein. Any oral representations or modifications concerning this Agreement shall be of no force and effect. 10 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. �1 COUN ATTE F: BY: 7AkQ 16 g..�2 d Moss arey, Jr., Chair Beverly A. Whe, Clerk to e Board CONTRACTOR: WITNESS: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 11 STATE OF NORTH CAROLINA ORANGE COUNTY 1, � , a Notary Public for said County and State, do hereby certify that 9everly A. Blythe 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 Moses Carey Jr., Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2000. Notary ublic ' My Commission expires: /0*-.Cr-o'2G1ay STATE OF C COUNTY OF �►.._ I, , a Notary Public, do hereby certify that �J. J personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the 1 day of s'-t 2000. 4oP-ju blic My Commission expires: /c - 9, 12 f ' Attachment A Locations from which food waste materials may be collected: I. 411 West 2. Aurora Restaurant 3. Breadmen's Restaurant 4. Carolina Brewery 5. Flying Burrito Restaurant b. Granville Towers 7. Interfaith Community House 8. K& W Restaurant 9. Margaret's Cantina 10. Spotted Dog 11. Top of the Hill 12. Weaver Street Market 13. Wellspring 13