HomeMy WebLinkAboutAgenda - 06-19-2018 8-l - Approval of Food and Organic Waste Collection and Composting Contract
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 19, 2018
Action Agenda
Item No. 8-l
SUBJECT: Approval of Food and Organic Waste Collection and Composting Contract
DEPARTMENT: Solid Waste Management
ATTACHMENT(S):
1. Proposed Contract with Judy D.
Brooks Contractor, Inc.
2. Summary and List of Participants
INFORMATION CONTACT:
Robert Williams, 919-968-2788
Cheryl Young, 919-918-4914
Allison Lohrenz, 919-918-4907
PURPOSE: To establish a contract with Judy D Brooks Contractor, Inc. that enables the
County Solid Waste Management Department to provide collection, hauling and processing for
separated food waste and other organic materials to commercial and institutional
establishments throughout Orange County.
BACKGROUND: Orange County Solid Waste Management has been collecting food waste
from selected establishments since the mid-1990s, originally utilizing two local pig farmers. Due
to stringent quality controls necessary with regard to contaminants for food waste being fed to
animals, the program ended in 1999. In 2000, Orange County entered into a new food waste
collection arrangement and, following a Request for Proposal (RFP) process in 2011, expanded
the program further to include collection, hauling, processing and compost delivery. Current
services are provided by Judy D. Brooks Contractor, Inc.
A RFP was again issued in March 2018 seeking proposals for the provision of food and organic
waste collection which calls for an additional program expansion. The RFP outlined that the
program plans to expand from the current fifty (50) participants to over one hundred (100)
participants over the course of the five (5) year proposed term. Following the issuance of the
detailed RFP created by Orange County, proposals were received from three vendors:
• Atlas Organics;
• Food FWD; and
• Judy D. Brooks Contractor, Inc.
The proposals were reviewed and independently evaluated by a team of three Solid Waste
Administration staff for responsiveness to the proposal.
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After reviewing each firm’s proposal, Judy D. Brooks Contractor, Inc. (Brooks, Inc.) was deemed
as submitting the most responsive proposal due to price, the overall proposal, technical
approach, references and financial stability as evaluated by staff. The proposed Contractors
charges are a 27% increase from current costs based on current participation. While costs were
not the only factor, the other contractors proposed an increase of 143% and 39% compared to
current costs. Brooks, Inc. will provide collection containers, collect food and other acceptable
organic waste from identified establishments, haul the material, and compost it at the company’s
facility in Chatham County. In addition, Brooks, Inc. will provide education and outreach
services as requested in the RFP as well as deliver finished compost back to the County upon
request.
For FY 2017-18, the County’s food and organics waste program is projected to divert 1200 tons
of compostable material from landfill disposal.
FINANCIAL IMPACT: The Solid Waste Department proposed budget for this program for FY
2018-19 is $150,000. While the program is anticipated to expand, if no expansion occurs, the
new contract pricing would result in a cost of $860,000 for the five year term compared to the
$750,000 over a five year term based on current pricing.
With the expected expansion of the program from 50 participants to 100 participants, the
projected expenditures, subject to annual budgeting, are estimated to be $1,200,000 for the five
year period.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies
RECOMMENDATION(S): The Manager recommends that the Board award the service contract
to collect and compost food waste to Judy D. Brooks Contractor, Inc. and authorize the Manager
to sign the Contract.
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[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
SOLID WASTE SERVICES AGREEMENT
OVER $90,000.00 RFP 5247
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this day
of June, 2018, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Judy D. Brooks
Contractor, Inc., (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement (“Agreement”) is for professional services to be
rendered by Provider to County with respect to (insert type of project): all
services described in the attached RFP 5247, which includes continued organics
collection, hauling, processing, and education related to collection and compost
purchasing for County's existing participating businesses, and future organic
waste material collection for growth areas identified by County.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
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i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Provider shall perform as Basic Services the work and services
described herein and as specified in the County’s Request for Proposals or Request for
Qualifications (the “RFP”) “RFP Number 5247 for “Commercial Organic Waste
Collection, Hauling, and Processing Services” issued March 23, 2018, and the Provider’s
proposal, which are fully incorporated and integrated herein by reference together with
Attachments A and B (designate all attachments). In the event a term or condition in any
document or attachment conflicts with a term or condition of this Agreement the term or
condition in this Agreement shall control. Should such conflict arise the priority of
documents shall be as follows: This Agreement, the County’s RFP together with
attachments, Provider’s Proposal together with attachments.
4. Duration of Services
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a. Term. The term of this Agreement shall be from July 1, 2018 to June 30, 2023, and may
be extended for two (2) additional five (5) year terms upon written amendment executed
by both parties.
b. Scheduling of Services
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2018.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services during the initial five-year term of the
Agreement, which includes potential expansion of current collection services, is One
Million Two Hundred Thousand Dollars ($1,200,000). Payment for Basic Services shall
become due and payable within thirty (30) days of Provider properly invoicing County.
Payment shall be subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Recycling Programs
Manager) to act as the County's representative with respect to the Project and shall have
the authority to render decisions within guidelines established by the County Manager
and/or the County Board of Commissioners and shall be available during working hours
as often as may be reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any
additional insurance as may be required by County’s Risk Manager as such insurance
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requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) If
County’s Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of n/a (if no additional insurance required mark N/A as
being not applicable). Provider shall not commence work until such insurance is in
effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold
harmless the County from all loss, liability, claims or expense, including attorney's fees,
arising out of or related to the Project and arising from property damage or bodily injury
including death to any person or persons caused in whole or in part by the negligence or
misconduct of the Provider except to the extent same are caused by the negligence or
willful misconduct of the County. It is the intent of this provision to require the Provider
to indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
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d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon three (3) days’ notice to
Provider. Upon any suspension by County, Provider shall discontinue the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all state and federal anti-discrimination laws, policies, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy
(each policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any
violation of this requirement is a breach of this Agreement and County may immediately
terminate this Agreement without further obligation on the part of the County. This
paragraph is not intended to limit and does not limit the definition of breach to
discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of a suit or action.
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e. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County’s obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County’s statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County’s legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name & Address
Attention: Recycling Programs Manager Judy D. Brooks Contractor
P.O. Box 8181 1195 Beal Rd
Hillsborough, NC 27278 Goldston, NC 27252
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[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder
set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
Bonnie Hammersley, County Manager
By: __________________________________
Judy D. Brooks, President
Judy D. Brooks Contractor, Inc.
Printed Name and Title
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Attachment 2
SOLID WASTE MANAGEMENT
1207 Eubanks Road Phone (919) 968-2788
PO Box 17177 Fax (919) 932-2900
Chapel Hill, North Carolina 27516
www.orangecountync.gov/recycling
BOCC JUNE 19, 2018 Meeting
Agenda Item 8-l: Approval of Food and Organic Waste Collection and Composting Contract
• Current Services Summary
o Orange County Solid Waste Management has been collecting food waste from
selected establishments since the mid-1990s, originally utilizing local pig farmers.
Due to stringent quality controls the program ended in 1999. In 2000 Orange
County entered into a new food waste collection arrangement and following a
Request for Proposal (RFP) process in 2011 and then again in 2018, the program
expanded further including cart delivery and cleaning, collection, hauling,
processing and compost delivery. Currently the service is provided to 51
businesses throughout Orange County.
• Bidders on RFP 5247
o RFP 5247 was released in April 2018 and resulted in the County receiving three
qualified bids from Atlas Organics, Food Fwd, and Brooks Contractor.
• Terms of Contract
o Includes cart delivery and cleaning, collection, hauling, processing and compost
delivery upon the direction of the County.
o Current participants will continue to be serviced through the new contract.
o Plans to expand to additional businesses, government entities, and schools as
budgeting allows included within the Contract.
o A five year base term with an option to extend for two additional five year terms
is included.
o County may cancel for convenience on seven (7) days’ notice; Provider may only
cancel for material breach of contract by County with County having seven (7)
day right to cure.
• Current Participants
o Next Page
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TABLE 1: ORANGE COUNTY 2017
Commercial Organic Waste Participants
Food Business
City
State
Type
1
Carrboro Farmer's Market
Carrboro
NO
Fond
2
411 West
Chapel Hill
NO
Restaurant
3
Breadman's
Chapel Hill
NO
Restaurant
4
Carol Woods
Chapel Hill
NO
Assisted Living
5
Carolina Brewery
Chapel Hill
NO
Brewery
6
Carolina Inn
Chapel Hill
NC
Hotel
7
Chapel Hill Catering
Chapel Hill
NO
Food
3
Community House /Bread Basket
Chapel Hill
NO
Food
9
Eubanks RecyelIngCenter
Chapel Hill
NC
Food
10
Food Lion 2142
Carrbbro
NO
Grocery
11
Food Lion 21480
Chapel Hill
NO
Grocery
12
Food Lion 21544
Oarrboro
NO
Grmery
13
Food Lion v197
Chapel Hill
NO
Grocery
14
Food Lion 2198
Hillsborough
NO
Grocery
15
Food Lion V2564
Hillsborough
NO
Grocery
16
Freedom House
Chapel Hill
NO
other
17
Glasshalfull
Chapel Hill
NO
other
19
Granvilic Tavers
Chapel Hill
NO
Restaurant
20
Hillsborough 13130
Hillsborough
NO
Restaurant
21
1 F Community House
Chapel Hill
NO
Food
22
It&W
Chapel Hill
NO
Restaurant
23
La Place Lousiana Kitchen
Hillsborough
NO
Restaurant
24
La Vita Dolce
Chapel Hill
NO
Restaurant
25
UNC Hospital
Chapel Hill
NO
Hospital
L iners - UPJC Hospiaa f
NC
26
Mama Dip's
Chapel Hill
NO
Restaurant
27
MargaretsOamina
Chapel Hill
NO
Restaurant
23
Mediterranean Deli
Chapel Hill
INC
Restaurant
29
orangeOoGovBldg-H'illsborough
Hillsborough
NO
Government
30
orange Co Jail-Hillsborough
Hillsborough
NO
Government
31
Ora ngeCo Landfill
Chapel Hill
NO
Government
32
Piedmont Food &Ag
Hillsborough
NO
other
33
Queen of Sheba &oishi
Chapel Hill
NC
Restaurant
34
Radius Pizzeria & Pub
Hillsborough
NO
Restaurant
35
Red Lotus
Chapel Hill
NO
Restaurant
36
Rizzo OenterI &2 &3
Chapel Hill
NO
Restaurant
37
Root Gel lar {Fosters4
Chapel Hill
NO
Restaurant
33
Southern Season- Weathervane
Chapel Hill
NO
Restaurant
39
Squids
Chapel Hill
NO
Restaurant
40
The Lantern
Chapel Hill
NO
Restaurant
41
The Little School
Chapel Hill
NO
Daymre
42
The Pig &The Bagel Bar
Chapel Hill
NO
Restaurant
43
The Purple Bowl
Chapel Hill
NO
Restaurant
44
The Siena Hotel
Chapel Hill
NO
Hotel
45
TylersTaproom
C3rrboro
NO
Restaurant
46
Victoria Park Florist {MargareN
Chapel Hill
NO
Florist
47
Village Diner
Hillsborough
NO
Restaurant
43
Vimala's
Chapel Hill
NO
Restaurant
49
Walnut Grove Recycling Center
I
IHillsborough
NC
Food