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HomeMy WebLinkAboutAgenda - 06-20-2023; 8-h - Extension of Food and Organic Waste Collection and Composting Contract 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 20, 2023 Action Agenda Item No. 8-h SUBJECT: Extension of Food and Organic Waste Collection and Composting Contract DEPARTMENT: Solid Waste ATTACHMENT(S): INFORMATION CONTACT: Contract Amendment Robert Williams, 919-968-2788 PURPOSE: To approve the extension of the contract with Judy D Brooks Contractor, Inc. that enables the County to provide collection, hauling and processing for separated food waste and other organic materials from 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 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. Following an RFP issued in March 2018 seeking proposals for the provision of food and organic waste collection, which called for an additional program expansion, a five-year contract with an option to renew for five years was entered with Judy D Brooks Contractor. The program expansion was limited during the original five-year term as a result of the pandemic resulting in only approximately $700,000 of the original $1.2 million contractual amount being used. Additional expansion is anticipated during the upcoming contract term. The organics collection program diverted over 470 tons (940,000 pounds) of compostable material during calendar year 2022 and over 163 tons (326,000 pounds) of compostable material from landfills during the first four months of 2023. FINANCIAL IMPACT: The Solid Waste Management Department proposed budget for this program for FY 2023-24 is $212,000. While the program is anticipated to expand, if no expansion occurs, the new contract pricing would result in an anticipated $1,100,000 for the five-year term. With the expected expansion of the program, the projected expenditures, subject to annual budgeting, are estimated to be $1,300,000 for the five-year period. 2 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. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • GOAL: ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream impacts on the environment. RECOMMENDATION(S): The Manager recommends that the Board approve the extension of the contract to collect and compost food waste with Judy D Brooks Contractor, Inc. and authorize the Manager to sign the contract. 3 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this day of_June_, 2023 by and between ORANGE COUNTY (hereinafter referred to as "County") and Judy D Brooks Contractor, Inc. (hereinafter referred to as "Provider"). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated _June 30, 2018_, (hereinafter the "Original Agreement"), for the provision of services for _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 ; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended to reflect an end date by which all Services shall be completed of_June 30, 2028. 2. Article _5_, Section a_ is amended to reflect a maximum payable not-to-exceed amount of _Two Million Dollars ($2,000,000) 3. Section 12.1.14 of the response to RFP is deleted and a new section 12.1.14 is added as follows: 12.1.14 Pricing Prices will be per cart, $14.95 per 65 gallon and $12.51 per 35 gallon with a $25 minimum charge per collection (0-1 cart). All effort will be done to minimize the number of minimum charge accounts and individually set carts behind shopping centers will not be considered minimum stops. Collection will include an excellent level of education and outreach to the individual waste generators.This will cover all weighing, rinsing of carts, and transport to Brooks Compost Facility. In addition to the price set forth above, any collection outside the current service area set forth on attachment 1 hereto, marked current service area,will be charged an additional fee of$50.00. No collection shall be made outside the current service area without the explicit approval of Orange County Solid Waste. Tipping fee at Brooks Compost Facility will be $25.00 per ton. Indoor Organic Pail costs are negotiable depending on the application and number needed. Everything needed by a customer to implement and maintain a successful composting program is provided by Brooks contractor. Compost delivery to 1514 Eubanks Rd., Chapel Hill, NC shall be$885.00 per 40 cubic yards plus tax. Prices will be adjusted annually on July 1 of each year beginning in July, 2024 in an amount not to exceed 4%. Price adjustment shall be in the same amount, up to 4%, as the percentage change in the Bureau of Labor Statistics Consumer Price Index for all Urban Consumers: US City Average, Expenditure category Garbage and Trash Collection, measured for the most recently available 12 month period average preceding the adjustment date. Revised 04/23 4 4. Attachment 1- Price Sheet One of the Response to RFP is deleted. 5. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment,this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER Bonnie Hammersley County Manager Revised 04/23 5 OCSW Trip Fee Orange County, NC Bounds GD 1s 501 4. 29 57 Chatham sD360 Tightsqueeze 36o Chase Cit Line 1 Halifax Scottsburg Ile South Boston a9 Line 2 D Axton Blairs 5s 15 Boy 4. ss Clarksville ay Danville Alton Line3 ------------------------- 58 Ss ---------------------------------------------------------------------------------------- 4. 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