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HomeMy WebLinkAboutAgenda - 09-05-2000-8kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2000 Action Agend Item No. SUBJECT: Approval of Food Waste Collection and Composting Agreement with Brooks Contractin DEPARTMENT: Solid Waste Management PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Joe Clayton 969-2972 Proposed Service Agreement Blair Pollock 968-2788 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 11Aeh~nn 336.227-2031 _ PURPOSE: To consider approval of a service agreement with Brooks Contracting that enables the County Solid Waste Management Department to provide separated food waste collection services to commercial establishments throughout Orange County that generate at least two tons of compostable food waste per month. BACKGROUND: For the past year, Brooks Contracting of Goldston, North Carolina has provided food waste collection and composting services to Orange Community Recycling. Brooks provides storage carts, collects food waste, and composts it at a company facility in Chatham County. This contract represents a renewal of the existing agreement to collect from establishments willing to provide at least two tons of separated food waste on a monthly basis. FINANCIAL IMPACT: The cost of this contract is $60,000 annually and assumes that Brooks Contracting will collect up to 750 tons of food. Any amount over that tonnage would cost an additional $55 per ton. A total of $60,000 has been budgeted. RECOMMENDATION(Sj The Manag ornreo mood wastet sub ect to final%vieweby staff and agreement with Brooks to collect and p the County Attorney. State of North CaroWia County of Orange Agreement for Recycling Services FOOD WASTE COLLECTION AGREEMENT between THE COUNTY OF ORANGE, North CaroUna and Judy D. Brooks Contractor Inc, of Goldston, North Carolina The Courrty of Orange, (hereinafter "County") desires to hire Judy D. Brooks Cornractor Inc. of Galdston, NC to provide collection of separated food waste from selected businesses ar other locations in Orange Coumy North Carolina. ("Food Waste Collection Services") as defined herein; and WHEREAS, Judy D. Brooks. Contractor Inc. desires to provide Food Waste CoIIectian Services as defined herein; NOW, THEREFORE, the County and Judy D. Brooks Contractor Inc. da hereby agree as follows: SECTION 1 w~ ~ona Far purposes of this Ageeznent, the following terms shall apply: Business: Any commercial or ins~itutianal concern in County pr viding a volume of separated, uncont~uninated food waste for cost-effective collection~ermuacd b~y°the parr<es to this agreement; Coniractar: Judy D. Brooks Contractor Inc. Or DBA/ Brooks Contradar Food Waste: All separated food waste and any other mates ials that may be agr~ uppn collected at arty businesses that may be nnttually a$r-eed upon by Judy D. Brooks Contractor and the County as part of this food waste collection agree~merrt. Foal Waste Collection Services: Those services to be perfom~ed by COTVTRACTOR 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, cunng and prapq. preparation of food waste far collected (c) ~ accurate and thorough records of the vohune or weight of materials 'fly; and the number and type of c~stamer complaints; and (d) ensunng that properly separated foal waste will not be landfilled. Collections may take place anywhere agreed upon by the parties to this crnrtcact with the cooperation of the bum; . Food Waste Collection Containers: Outdoor containers provided by the contractor, County businesses to meet arty applicable heahh skaud~-~ to be used by businesses to set out their food waste and provided pursuant to this Agreement. Contractor ~ establishment p~~ acceptable source separated compostable material desired by the 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 mep,~ The term of the agreement will be for the period from July 1, 2000, through June 30, 2001, assuming that the performance of the conrtractor is satisfactory. The level of performance expected is defined below. This sernce may be extended if the Orange County Boazd of Commissoners 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 axmually, pending notice to the contractor and successful negotiation between the contractor and the County. Actual costs for fimmr years aze to be negotiated arniually. SECTION 3 co f Contractor shall perform Food Wade 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 same other specificallyad ~ ~ location. The food waste collection locations at which these sernc~es are perforn~d ~y include any businesses listed in attachment ~-, and any other generators agreed on by nnrtual consort of the County and the Contractor. At a ~ food waste shall be collected finm those generators in ~rt A Other businesses that generate a rrn of two tons per month maybe added to the program SECTION 4 County's Iienresen~, The County's Representative ~ ~ of ~ ~ shall be Toe Clayton, County of Orange Solid Waste Management PO Box 17177 Chapel Dill, NC 27514. Phone nucr-bers 969-2072 or 965- 2788. The contract be~between Judy D. Brooks Contractor Inc. and the County of Orange. 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 requue pickups. These establishments will be agreed to by the contractor and County wives. Collection shall take place in such a manner as not to disrupt normal business activity, general safety, pedestrian or vehicular traffic. SECTION b Coa 'on Con ' The County, the contractor or business shall provide food waste collection coradainers 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 lead those exceeding twa tons per marnh of compostables and now receiving cornpostables collection service per attaclunent 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 Toad 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 carrtainers as needed for additional volume but not as replaces where the Coutriy or contractor was not at fault for loss ~by The Couaity will be responsible for ~ and eepplacernelrt parts or repairs of those containers the County. Contractor or generator will be respon~ble for maintenance and replacement parts or repairs of those containers provided by the contractor or generator respectively. SECTION 7 Tr~~rtgtion of Co.FoQd w Contractor shau transport the collected food waste materials tv 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 as of the benefits from use of this material. Separated Poach wastes shall be the property of Contractor. SECTION 8 I~Qr_ and Cosb Cvrriractar 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 Mi sect Pick U Tn case of a missed pick-up reported by the generator, Contractor shall collect the separated food waste from 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 prop~yopcreePar~ .1A11~k ~ ~t ~ fork-um ps sp~shall be logged by Contractor and reported with the monthly g by the County. SECTION 1D Rei'usal o Pick U Contractor may not pick up if a business does not properly separate food waste materials or if the containers are inaccessible. At the tune of refusal to make the pick-up, Contracxor will issue, ai his expense, a written notice to the generator, which contains instructions for the pmper separation of food waste materials. The Cou~.y must receive written, faxed, email, or verbal notification of this refi~sal within 7A hours of issuance to the gean~ator. 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, Contrarxor, after obtairring consent from the Courrty, may refuse all fiu~ther pick-uPs of food waste materials from .that gea~ator upon notice to the generator and the County. A~ replacement location shall be agreed upon jointly by Contractor and the County. SECTION 11 Processing Center Contractor may maintain a p center for composting separated food wastes at his facility located in Chatham County or at another periaaatted 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 hoc ~inogf Cep shall be with Contractor and Contractor shall have the responsa'bility for the proper processing such food waste materials. Storage of food waste materials at the Processing Cea~ter shall be limited to that which can be properly contained pmt to Permits issued by the State of North Carolina or other gavernn~ent which has jurisdiction over othex processing location. Contractor shall notify Canty Representatives, in writing, not less than 30 days prior to a~ relocation or alteration of permit of the food waste processing and composting cencter. SECTION 12 Public Awaren ca ' and Trainin The County and goys with assistance from Contractor shall develop and implemenx a Public Aware~ss Program. The Courrty, with ~ from the generators and contractor may develop signs for containers that the County may place on the tops offood waste buss and with other promotional material for use by the program to ensure proper separation and publicity for participants. sECTiaN ~3 Compensation,for Services The County agrees to make monthly payments to Contactor 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 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 cornaaners 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 thick 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 91bs./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 casts associated with the food waste collection program. If the yearly tannage exceeds 750 tons, an additional fee of $SS per tan inclusive, shall be paid by the County to the conractor for the additional services. The contractor will be credited with a two ton minimum against the yearly 750 tpn 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 maybe 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 p~riutted. SECTIQN 14 Pro 'oe f F W The County agrees, with cooper ion of the generators irrvolved, to take such steps as reasonably may be necessary to protect Contractor's ownerslvp of all food waste materials placed at the desigria~ed area for collection by Contractor under the temas of this Agreement. Contractor may label the containers to indicate that the cairtaiiaers are the County's property and conteirts are his property once set out far collection. 5ECTIQN 15 P its and Li Contractor, at his sole cost and expense, shall mairrtairi throughout the term of this Agreeznerrt all permits, licenses and approvals neces.~ary or required W perform the work and servicES described herein, inchuding but not limited to the collection of food waste materials and operation of the Processing Centex for those materials. SECTIQN 16 In oe r Contractor shall perform all work and services described her~;iri as an ' ent contractor and nit as an officer, agent, servant or employee of the Caw~ty. Conactor shall have~e 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 her~eirr shall be constructed as creating a partnership or joint venture between the Courity- and Contractor. No person performing arty of the work or services described hereunder shall be convdered an officer, agerrt, servant or employee of the County, and no such person shall be entitled to anry benefits available or granted to employees of the County. SECTION 17 Non-Assignment Neither Contractor nor the Courrty shall assign, transfer, convey, or otherwise hypothecate this Agreement or their rights, duties or obligations hereunder, or airy part thereof without the prior written consent of the other, such consent not to be unreasonably withheld. SECTION 18 Com Lawn and bons Contractor agrees that, in the operation of the pick-up services and Processing Center and the performacxe of work and sernces under this Agreemenrt, he will qualify under and comply with any and all federal, state and local laws and regulations now in e~Ct, or hereafter enacted during the term of this Agreement, which are applicable to Contractor, his employees, ageirts or subcontractors, if a~+, v~nth respect to the work and services descnbed herein. SECTION 19 Insurante Contractor shall obtain and maintain throughout the term of this Agreement, at Contractor's sale cost and expense, not less than the insurance coverage set forth below: (a) W rk am tion Coverage A - Statutory Coverage B - $500,000 (b) Comprehensive Automobile Liability. g~ly ~j,,,y - $1,000,000 each person - $1,000,000 each accident Property Damage - $1,000,000 each accident to include coverage fob all owned, non-owned, leased and hired collection vehicles. (c) Bodes ~jwy Property Damage $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each occurrence $1,000,000 aggregate 6 SECTION 20 Indemni Contractor agrees to defend, indemnify, and hold harmless the County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising fram bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willfiil misconduct of Contractor except to the extent same are caused by the negligence or ixusconduct by the County. The County agrees, to the extent allowed by law, to defend, indemnify, and hold harmless contractor from all loss, liability, claims or expense (including death err property damage, to any person err persons caused in whole err in parr 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;nviran~ that the County of Oran a is to be named as a certificate holder on the automobile and comprehensive g ability policies in lien of being named as an additional insiued. Current valid insuuance policies meeting the requiresnexrts herein identified shall be maintained for the duration of the named project. There also shall be a 30 day notification to the Caunt)- in event of cancellation of coverage or modification of arty stipulated insurance coverage. Actual insurance pohaes 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 insurazxe recluiremerns as the general for. If the contractor does not meet the insurance regiriremeirts, alternate insurance coverage satisfactory to the County may be considered. SECTION 21 Termination (a) In the event Contractar materially defaults in the perforrnarice of arty of the material covenants or agreernecrts to be kept, done err performed by it under the teens of this Agireemeut, the Courrty shall notify Contractor in waiting of the nature of such default. Within 15 days following such notice: 1. Cantr~actor shall correct the default; or 2. In the event of a default not Capable of being corrected within 15 days, Contractor shall commence correctiurg the default within 15 days of the County's notification thereof and thereafter corxecr the default with due diligence. (b) If Contractor ~ to correct the defatilt as provided above, the County, without further entice, shall have all ofthe following rights and reanedies, which the County may exercise: 1, The right to declare that this Agreement, together with all ri~s gratrted Contractor herginder, is terminated effective upon such date as County designate; 2. The right to license others to perfarm 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 Froc~essing Center, due to force majeure, the Cowriy may provide Contractor with a suitable temporary location for conducting processing sen+ices. 4. Contractor may terminate with cause after a 30 day native. SECTl<ON 22 All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and return receipt requested, to the parties as follows: To the County of Qrange: To Judy D Brookds & Dean Brooks Solid Waste Management Department l?O Box 17177 Chapel Iirtll NC 27516 Attn: Joe Clayton Judy D. Brooks Contractor, Inc. 1195 Beal Road Gaklstoq NC 27252 SECTION 23 Records and Reports Contractor mall mainttain its books and records relarted to the performance of this Agreement in accordance with the following minimum requirements: (a) Contractor shall maintain any and all ledgers, books of accou~ imroices, vouchers and cancelled checks, as well as all other records ar docuntettts evtde~ang or re]atiing to charges far services, ~ or duets borne by the County far a minimum period of three years, or for arty bnge~r penod required by law, from the date of final payment to Contractor pursuant to this Agreement. (b) Contrasor shall maintain all doaaments and records which demonstrate performance ands this Agreement for a m period of three (3) years, or for arty longer period rec~ired by law, from the date of termination or completion of this Agreement. (c) Arty records or daatrnteats required t4 be maintadrted pursuant to thus Agent shall be made available for inspection or audit, at any time, during regular business hours, upon written request by a County repres~ttative at Contractor's address indicated for receipt of notices in this Agre~nertt. (d) Contractor shall provide monthly project t-eports to the County during the contras period, to be due within 15 working days of the end of the pnernous monthly period. At a minimum, the reports shall include: • Swr ofthe volume or a of weight of aU separated food waste materials collesed in this program; • Parti©pation rates in terms of monthly weight or volume caunrts by locations; and • Description of program progress, includung any collection complaints or other problems encourrteted, and lmw they were resolved. (e) Contractor shall provide a Contract Term Summary Report to be due within 30 days of the end of the fiscal year Tune 30, 2001. At a minimum the report shall include: • A collated summary of the weights or vohune estimates, • A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and partic~pat~on; and • Summary of complairrt calls by number and type. Force Maieure SECTION 2a Contractor's performance hereunder may be suspended and his obligations hereunder excused in the event and during the penad that such perfannance rs preverned 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, tires explosion, accider-t, flood or sabotage; lack of adequate #i-el, power or raw materials; Judicial, administrative ar governmental laws, regulations, requirements, rules, orders or actions; injunctions or restrairring orders; the failure of airy governmernal body to issue ar grant, or the suspension or revocation or modification of arty license, permit or other author>zanon necessary far 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 amr provision of this Agreement shall not constitute or operate as a waiver of any breach of such provision or of arty other provisions, nor shall any faih~re to enforce any provi~on hereof operate as a waiver of such provision ar of ~Y other lrovision. SECTION 26 Law to Govern This Agreement is entered i~o and is to Contractor agree that the law of the State liabilities of the parties to this Agreemenk Titer ,of ,S~ctioips be performed in the State of North Carolina. The County and of North Carolina shalt govern the rights, obligations, duties and and shalt govern the arte~pretatron ofthis Agreement. SECTION 27 Section headings inserted herein are for com~enience only, and are not irrtended to be used as aids to interpretation and are not binding on the parries. SECTION 28 Amendmeu~ This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives. SECTION 29 1 Cooperation Among the Parties Whenever consent, action or inaction is required, such consent, action or inaction will not be withheld unreasonably by either party. SECTION 3Q erab' 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 Agreemenrt so long as the material purposes of this Agreement can be determined and implemented. SECTION 31 u rs d Ass' This Agreemen shall be binding upon the parties hereto, their successors and assigns. Entr_e~ SECTION 32 This Amt and any attachments attached hereto contain the entire Agri between the parties as to the matters contained herein Any oral representations or modifications concennng this Agrceman~t shall be of no force and et~ect. io Attachment A Locations from which food waste materials may be collected: 1. 411 West 2. Aurora Restaurant 3. Breadmen's Restaurant 4. Carolina Brewery S. Flying Burrito Restaurant 6. Granville Towers 7. Interfaith Community House 8. K & W Restaurarn 9. Margaret's Cantina 10. Spotted Dag 11. Top of the Dill 12. Weaver Street Market 13. Wellspring 12 11 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Moses Cazey, Jr., Chair CONTRACTOR: ATTEST: Beverly A Blythe, Clerk to the Board WTfNESS: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 12 1~ STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Beverly 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 of~ciai seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2000. Notary Public My Commission expires: STATE OF COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of 2000. Notary Public My Commission expixes: 13