Loading...
HomeMy WebLinkAbout2023-293-E-Solid Waste-Judy D Brooks Contractor- Food Waste Collection and ProcessingRevised 04/23 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 28th_ 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 collectio n 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. DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 04/23 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 e ffect 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 __Judy D Brooks Contractor______ County Manager ________ DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 President Judy D Brooks Revised 04/23 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Judy D Brooks Contractor Vendor Contact Person: Judy Brooks Phone: 919-837-5914 Address: 1195 Beal Rd. City Goldston State: NC Zip: 27252 Department: Solid Waste Amount: 2,000,000 over 10 year period Purpose: Food Waste Collection and Processing Budget Code(s): 50352020-630003 Vendor # 40693 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 6-30-2018) (Most Recent Amendment ) Effective Date 7-1-2023 End Date 6-30-2028 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 6-20-2023); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: 6-20-2023) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer ___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 6/27/2023 6/29/2023 7/3/2023 7/3/2023 Revised 04/23 DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 06/23/2023 Jennings Bryan-Chappell Insurance Services PO Box 1118 Burlington NC 27216 Amy Thompson (336) 227-7458 (336) 343-1000 amy@jbcins.com Judy D. Brooks Contractor Inc. 1193 Beal Rd. Goldston NC 27252 Ansur America 10984 CL2321708154 A Y 6724122 02/18/2023 02/18/2024 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A 6724121 02/18/2023 02/18/2024 1,000,000 A 10,000 6724122 02/18/2023 02/18/2024 6,000,000 6,000,000 A Y 6724120 02/18/2023 02/18/2024 1,000,000 1,000,000 1,000,000 A Rented/Leased Equipment 6724122 02/18/2023 02/18/2024 Limit $65,000 Deductible $1,000 Orange County Solid Waste 1207 Eubanks Rd. Chapel Hill NC 27516 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 1 [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 30th 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. DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 2 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 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 3 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 Co unty, 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 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 4 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. DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 5 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. DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 6 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 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 7 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 8 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 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 Revised 10/17 9 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Department Party/Vendor Name: Judy D Brooks Contractor Party/Vendor Contact Person: Judy Brooks Contact Phone: 919- 837-5914 Party/Vendor Address: 1195 Beal Rd City Goldston State: NC Zip: 27252 Department: Solid Waste Amount: est $150,000 first year; initial five year term $1,200,000 with anticipated growth and expansion Purpose: Food Waste collection and processing Budget Code(s): 50352020-630003 Vendor # 40693 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 7-1-2018 Approved by Board Yes No Agenda Date: 6-19-2018 This agreement is approved as to technical form and content: Department Director’s Signature ________________________________________ Date: ________ Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4 6/29/2018 6/30/2018 7/3/2018 7/3/2018 DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 DocuSign Envelope ID: 7796CD94-342E-40D0-B7C3-A2B604F926B4DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0 06/23/2023 Jennings Bryan-Chappell Insurance Services PO Box 1118 Burlington NC 27216 Amy Thompson (336) 227-7458 (336) 343-1000 amy@jbcins.com Judy D. Brooks Contractor Inc. 1193 Beal Rd. Goldston NC 27252 Ansur America 10984 CL2321708154 A Y 6724122 02/18/2023 02/18/2024 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A 6724121 02/18/2023 02/18/2024 1,000,000 A 10,000 6724122 02/18/2023 02/18/2024 6,000,000 6,000,000 A Y 6724120 02/18/2023 02/18/2024 1,000,000 1,000,000 1,000,000 A Rented/Leased Equipment 6724122 02/18/2023 02/18/2024 Limit $65,000 Deductible $1,000 Orange County, its officers, agents and employees to be designated as “additional insured” Orange County Solid Waste 300 West Tryon St. PO Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 4C7DAF71-57FB-4810-B33A-2A73107800A0